State Codes and Statutes

Statutes > Wyoming > Title41 > Chapter10

CHAPTER 10 - WATER AND SEWER DISTRICT LAW

 

41-10-101. Definitions.

 

(a) As used in this act the following words or phrases shall bedefined as follows:

 

(i) "District" shall mean any district organized orproposed to be organized in the case of organizational provisions pursuant tothis act;

 

(ii) "Water district" shall mean any districtorganized to acquire any water project for the purpose of supplying water fordomestic purposes by any available means, the treatment of such water, and itsdistribution, for which purposes the district shall have power to acquire waterrights, treatment facilities and lines for a water system, and appurtenantfacilities, within and without its corporate limits;

 

(iii) "Sewer district" shall mean any districtorganized to acquire any sewer project for the purpose of providing sanitarysewers, treatment facilities, disposal plant or other treatment and disposalworks, and appurtenant facilities, or storm sewers, flood and surface drainageworks, and appurtenant facilities, or providing both such sanitary and stormsewers, works and facilities, and providing all necessary, proper or desirableequipment and appurtenances incident thereto;

 

(iv) "Water and sewer district" shall mean anydistrict organized to acquire any such water and sewer project. A district mayor may not be created for a combination of water and sewer purposes;

 

(v) "Board" shall mean the board of directors of adistrict and shall be the governing legislative body thereof. The board shallact whenever any other relevant act empowers or requires action by the citycouncil, town council or other governing body of a municipality;

 

(vi) "Directors" shall mean the members of a board;

 

(vii) "Acquisition" or "acquire" shall meanthe acquisition by purchase, construction, installation, reconstruction,condemnation, lease, rent, gift, grant, bequest, devise, contract or otheracquisition as may be deemed necessary or desirable by the board, or anycombination thereof;

 

(viii) "Improvement" or "improve" shall meanthe extension, betterment, alteration, reconstruction, repair or otherimprovement as may be deemed necessary or desirable by the board, or anycombination thereof;

 

(ix) "Equipment" or "equip" shall meanfurnishing all necessary or desirable, related or appurtenant, facilities, orany combination thereof;

 

(x) "Project" shall mean any structure, facility,undertaking or system which a district is authorized to acquire, improve,equip, maintain or operate. A project may consist of all kinds of personal andreal property, including but not limited to land, improvements and fixturesthereon, property of any nature appurtenant thereto or used in connectiontherewith, and every estate, interest and right therein, legal or equitable,including terms for years, or any combination thereof;

 

(xi) Repealed by Laws 1998, ch. 115, 5.

 

(xii) Repealed by Laws 1998, ch. 115, 5.

 

(xiii) An "election" authorized under this act shall beheld, conducted and governed as nearly as practicable according to the SpecialDistrict Elections Act of 1994 as supplemented by this act;

 

(A) Repealed by Laws 1998, ch. 115, 5.

 

(B) Repealed by Laws 1998, ch. 115, 5.

 

(C) Repealed by Laws 1998, ch. 115, 5.

 

(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) Repealed by Laws 1998, ch. 115, 5.

 

(H) Repealed by Laws 1998, ch. 115, 5.

 

(J) Repealed by Laws 1998, ch. 115, 5.

 

(xiv) "Publication" or "publish" for provisions other thanelection provisions, shall mean publication for at least once a week for three(3) consecutive weeks by three (3) weekly insertions in at least one (1)newspaper of general circulation in the district, the first publication in thedistrict being at least fifteen (15) days prior to the designated time orevent. It shall not be necessary that publication be made on the same day ofthe week in each of the three (3) calendar weeks, but not less than fourteen(14) days shall intervene between the first publication and the last publication,and publication shall be complete on the day of the last publication.Publication requirements for any election under this act shall be asspecifically provided in this act, or if not specifically provided in this act,as required in the Special District Elections Act of 1994;

 

(xv) A "resolution" adopted by at least a majority ofthe directors present constituting a quorum in meeting duly assembled, unlessthe bylaws of the district require a greater number, shall constitute theformal written instrument by which a board shall act in the exercise of anylegislative power or upon a permanent matter, or both. Otherwise a board mayact by resolution or verbal motion so adopted. Whenever any other relevant actempowers or requires action by ordinance of the city council, town council orother governing body of a municipality, the board shall act by resolution;

 

(xvi) Repealed by Laws 1998, ch. 115, 5.

 

(xvii) Repealed by Laws 1998, ch. 115, 5.

 

41-10-102. Lands included in district.

 

(a) A district may include all or a portion of theunincorporated area in a county in the state of Wyoming.

 

(b) No lands included in any city or town shall be included inany district without the written consent of the governing body of the city ortown.

 

(c) No tract of twenty (20) acres or more shall be included inany district without the written consent of each person having legal (asdistinguished from equitable) title to the tract.

 

(d) A district may consist of noncontiguous tracts or parcelsof land.

 

(e) No area within a district may be annexed to a city or town,but nothing herein contained shall be construed as preventing the dissolutionof a district or the exclusion therefrom of any land therein as hereinauthorized for the purpose of permitting such an annexation, or as prohibitingan annexation in accordance with the provisions of W.S. 41-10-152 through41-10-157.

 

(f) No two (2) districts created under this act for the samepurpose may overlap each other, but nothing herein contained shall be construedas preventing any tract or parcel of land being simultaneously situate in awater district and in a separate sewer district.

 

41-10-103. Establishment of districts; jurisdiction of board of countycommissioners.

 

 

(a) The board of county commissioners for any county in thisstate is hereby vested with the jurisdiction, power and authority to establishdistricts.

 

(b) The board of county commissioners in which the petition forthe organization of a district has been filed shall thereafter for all purposesof this act maintain and have original and exclusive jurisdiction as to any andall proceedings concerning the district coextensive with the boundaries of thedistrict and of the territory which may be proposed to be included in thedistrict and of the property proposed to be included in the district oraffected by the district.

 

(c) Repealed by Laws 1983, ch. 176, 2.

 

41-10-104. Organization of districts; information required in thepetition.

 

(a) Repealed by Laws 1998, ch. 115, 5.

 

(b) Repealed by Laws 1998, ch. 115, 5.

 

(c) A petition to establish a district under this act shallconform to the requirements in the Special District Elections Act of 1994. Thepetition for organization shall also set forth:

 

(i) The name of the proposed district, consisting of a chosenname preceding the words "water district," or "sewerdistrict," or "water and sewer district";

 

(ii) Repealed by Laws 1998, ch. 115, 5.

 

(iii) Repealed by Laws 1998, ch. 115, 5.

 

(iv) The source of water to be used within the proposed districtincluding an estimate of the amount to be used based upon a measurement ingallons of water use per day and a showing that the source is adequate to meetthe projected needs of the district;

 

(v) A detailed description of proposed water service mains,sewer service mains, pump and lift stations servicing mains, distribution ortreatment facilities for water or sewer or both and method and place ofdischarge of wastewater, sewage or both. The board of county commissioners maywaive this requirement pending the approval of the remainder of the petition bythe commissioners. However, no construction may begin until the detaileddescription required by this paragraph has been submitted to and approved bythe board of county commissioners;

 

(vi) A showing that the proposed improvement or improvements orservice or services is compatible with any adopted area-wide facilities plan orintergovernmental agreement in effect at the time of such petition;

 

(vii) In the event the proposed district or a portion thereof islocated within two (2) miles of any city or town the standards to be used inthe construction of the facilities of the proposed district shall also beincluded. These standards shall be no less stringent than the most stringentstandards of the nearest local government entity which is within the two (2)mile limitation.

 

(d) Repealed by Laws 1998, ch. 115, 5.

 

(e) The provisions of the petition seeking the establishment ofthe district shall not be considered to be a limitation on the rights of theboard to submit a bond issue in whatever amount and for whatever improvement orto take any other action authorized herein which the board may find necessaryor desirable after the district is organized.

 

(f) Repealed by Laws 1998, ch. 115, 5.

 

(g) Repealed by Laws 1998, ch. 115, 5.

 

41-10-105. Bond or cash deposit required at time of filing of petition;authority of board to require additional bond or deposit.

 

Atthe time of filing the petition or at any time subsequent thereto, and prior tothe time of hearing on the petition a bond shall be filed, with securityapproved by the board of county commissioners, or a cash deposit madesufficient to pay all expenses connected with the proceedings in case theorganization of the district be not effected. If at any time during theproceeding the board of county commissioners shall be satisfied that the bondfirst executed or the amount of cash deposit is insufficient in amount, it mayrequire the execution of an additional bond or the deposit of additional cashwithin a time to be fixed, not less than ten (10) days distant, and uponfailure of the petitioner to execute or deposit the same, the petition shall bedismissed.

 

41-10-106. Repealed by Laws 1998, ch. 115, 5.

 

 

41-10-107. Election in connection with establishment.

 

(a) Repealed by Laws 1998, ch. 115, 5.

 

(b) Repealed by Laws 1998, ch. 115, 5.

 

(c) Repealed by Laws 1998, ch. 115, 5.

 

(d) At the formation election the voters shall vote for oragainst the formation of the district, and for five (5) taxpaying electors ofthe district, who shall constitute the board of directors of the district, iforganized, to serve until the next regular subsequent director election.

 

(e) Repealed by Laws 1998, ch. 115, 5.

 

(f) The canvassing board shall certify the returns of theelection to the board of county commissioners. If a majority of the votes castat the election are in favor of the formation, the board of countycommissioners shall declare the district organized and give the district thecorporate name designated in the petition, by which it shall thereafter beknown in all proceedings, and shall designate the first board of directorselected. Thereupon the district shall be a governmental subdivision of thestate of Wyoming and a body corporate with all the powers of a public orquasi-municipal corporation.

 

(g) A resolution of the board of county commissionersestablishing the district shall be considered final and no petition in errornor other appeal shall lie therefrom. The resolution of the board of countycommissioners shall finally and conclusively establish the regular organizationof the district against all persons except the state of Wyoming, in an actionin the nature of a writ of quo warranto, commenced by the attorney generalwithin thirty (30) days after the resolution declaring the district asorganized and not otherwise. The organization of the district shall not bedirectly or collaterally questioned in any suit, action or proceeding except asexpressly authorized in this subsection.

 

41-10-108. Copy of resolution establishing district to be transmittedto secretary of state by the county clerk; filing; fee.

 

Within thirty (30) days after the districthas been declared established by the board of county commissioners, theresolution shall be recorded by the county clerk in the county where thedistrict lies and the county clerk shall transmit to the secretary of state acopy of the resolution establishing the district. The resolution shall be filedin the same manner as articles of incorporation are now required to be filedunder the general laws concerning corporations. The secretary of state shallreceive a fee of three dollars ($3.00) for filing and preserving the same.

 

41-10-109. Members of original board of directors to qualify by filingoath of office and bond with county clerk.

 

Whenevera district has been declared organized, the members of the board shall qualifyby filing with the county clerk their oaths of office, and corporate suretybonds at the expense of the district in an amount not to exceed one thousanddollars ($1,000.00) each, the form thereof to be fixed and approved by theboard of county commissioners, conditioned for the faithful performance oftheir duties as directors.

 

41-10-110. Original board generally.

 

(a) After taking oath and filing bonds, the board shall chooseone (1) of its members as chairman of the board, and president of the district,another member as vice-chairman and vice-president; and the board shall elect asecretary and a treasurer of the board and of the district, who may, or maynot, be members of the board. The secretary and the treasurer may be one (1)person.

 

(b) Such board shall adopt a seal and the secretary shall keep,in a well-bound book, a record of all of its proceedings, minutes of allmeetings, certificates, contracts, bonds given by employees and all corporateacts which shall be open to inspection of all owners of real property in thedistrict, as well as to all other interested parties.

 

(c) The treasurer shall maintain accurate records of all moneyreceived by and disbursed for the district. These records may be accumulatedand disposed of according to W.S. 9-2-411 and 9-2-412. The treasurer shall filewith the county clerk at the expense of the district, a corporate fidelity bondin an amount not less than five thousand dollars ($5,000.00), conditioned onthe faithful performance of the duties of his office.

 

(d) The chairman in addition to his duties as a member of theboard shall:

 

(i) Preside at all meetings of the board;

 

(ii) Sign all resolutions adopted by the board;

 

(iii) Appoint all committees;

 

(iv) Sign, acknowledge and execute all instruments authorized bythe board to be executed by the district.

 

(e) In absence of the chairman or in case of his inability toact, the vice-chairman shall perform the duties of the chairman.

 

(f) Each member of the board shall receive as compensation forhis service a sum fixed by the board not in excess of twenty-five dollars($25.00) for actual attendance at each regular or special meeting of the boardor attendance upon any committee meeting, payable monthly. No member of theboard shall receive any compensation as an employee of the district wheneverthe board has determined that a manager should be obtained and has employedsuch manager as a full-time employee to manage the affairs of and operate thebusiness of the district, but until the services of a full-time manager arerequired and obtained, any board member may be engaged from time to time or asa part-time employee, and the compensation paid therefor shall not exceed theestablished prevailing rate of pay for equivalent work. No member of the boardshall be interested in any other contract or transaction with the district exceptin his official representative capacity, and except it be by competitivebidding. If any contract or agreement shall be made in violation of theprovisions of this subsection it shall be voidable, and no action shall bemaintained thereon by any party thereto against the district. To the extent thedistrict makes any payment thereunder, such contract or agreement shall bevalid, and any such payments may be included in any cost defrayed by the levyof special assessments, unless theretofore, the district elects to void thecontract or agreement in its entirety and to recover any such payment from theparty to whom made.

 

(g) The district shall be subject to an audit or oversight ofits accounts by the director of the state department of audit or his designeeas required by W.S. 9-1-507(a)(iii) or 16-4-121(f), as applicable. The board ofdirectors shall cause an audit or other oversight to be made of all financialaffairs of the district during each fiscal year ending June 30, during the nextsucceeding six (6) months. If an audit is required, a summary of the financialstatement shall be certified by the person making the audit, which shall bepublished in a newspaper of general circulation in the district, one (1) issueduring the next succeeding two (2) weeks following the audit. Except asprovided in W.S. 9-1-507(d), the audit, if required, shall be made by acertified public accountant, who is not otherwise employed by the district.

 

(h) The board of county commissioners having jurisdiction ofthe district may remove directors for cause shown, on petition and after noticeand hearing.

 

41-10-111. Regular and special meetings of board; quorum; majoritypresent required to exercise power; filling of vacancies.

 

Theboard shall meet regularly at least once a month at a time and in a place to bedesignated by the board. Special meetings called by the chairman or any two (2)other directors may be held as often as the needs of the district require, onpersonal notice to each member of the board or by mail with postage prepaid, atleast three (3) days prior to the meeting and addressed at the last knownresidence of the member as indicated by the records of the district. Three (3)members of the board constitute a quorum at any meeting. A majority of thosepresent is required to perform any duty authorized by this act except if thebylaws require a larger number. Any vacancy on the board shall be filled untilthe next subsequent director election as provided in the Special DistrictElections Act of 1994.

 

41-10-112. Subsequent elections of members of board of directors ofdistrict.

 

(a) Repealed by Laws 1998, ch. 115, 5.

 

(b) District board members shall serve for a term of four (4)years, except that at the first regular subsequent director election followingthe formation of the district there shall be elected by the voters of thedistrict two (2) members of the board to serve for a term of two (2) years andthree (3) members to serve for terms of four (4) years. Thereafter electionsshall be held every two (2) years. Each director shall be a taxpaying voter ofthe district.

 

(c) Repealed by Laws 1998, ch. 115, 5.

 

41-10-113. Powers of district board.

 

(a) For and on behalf of the district the board of any districtshall have the following powers:

 

(i) To have perpetual existence;

 

(ii) To have and use a corporate seal;

 

(iii) To sue and be sued, and be a party to suits, actions andproceedings;

 

(iv) In the case of a sewer district or water and sewerdistrict, to prepare or cause to be prepared and to revise and adopt plans,designs, and estimates of costs, of a system or systems of outfall sewers,trunks, mains, submains, interceptors, lateral sewers, outlets for sewerage,storm water drains, pumping and ventilating stations, disposal and treatmentplants and works, and any and all other structures, systems, works, and things,which, in the judgment of the board, will provide an effective and advantageousmeans for insuring the area within such district of adequate sanitary disposaland treatment of the sewage thereof, or such section or parts of such system orsystems as the board may from time to time deem proper or convenient toconstruct, consistent with the purposes of this act, and to take any and allsuch steps as the board may deem proper and necessary to effect the purposeshereof;

 

(v) In the case of a sewer district or water and sewerdistrict, to establish, own, construct, improve, lease, operate, and maintain,as part of the sewer and drainage system or systems of the district, sewagetreatment and disposal plants and systems and all appurtenances and appliancesthereunto belonging, and to sell any product or by-product manufactured in the courseof sewage treatment;

 

(vi) In the case of a sewer district or water and sewerdistrict, to enter into and perform contracts, whether long-term or short-term,with any establishment, whether within or without the district, for theprovision and operation by the district of sewerage facilities to abate orreduce the pollution of waters caused by discharges of wastes by suchestablishment, and the payment periodically by such establishment of thedistrict of amounts at least sufficient to compensate the district for the costof providing (including payment of principal and interest charges, if any) andoperating and maintaining the sewerage facilities serving such establishment;

 

(vii) In the case of a sewer district or water and sewerdistrict, to acquire an appropriate outlet within or without the district andto extend its sewer lines thereto;

 

(viii) In the case of a water district or water and sewerdistrict, to prepare or cause to be prepared and to revise and adopt plans,designs, and estimates of costs, of a system or systems of raw and clear waterand distribution storage reservoirs, deep and shallow wells, pumping andgauging stations, tunnels, flumes, conduits, canals, infiltration galleries,hydrants, meters, filtration and treatment plants and works, and any and allother structures, systems, works and things which, in the judgment of theboard, will provide an effective and advantageous means for insuring theterritory within such district of an adequate supply of domestic water, or suchsections or parts of such system or systems as the board may from time to timedeem proper or convenient to construct, consistent with the purposes of thisact, and to take any and all such steps as the board may deem proper andnecessary to effect the purposes hereof consistent with the appropriation lawsand the uses prescribed by statute;

 

(ix) In the case of a water district or water and sewerdistrict, to establish, own, construct, improve, lease, operate and maintain, aspart of the water system or systems of the district, water treatment plants andsystems and all appurtenances and appliances thereunto belonging;

 

(x) In the case of a water district or water and sewerdistrict, to appropriate and otherwise acquire sources of supply of waterwithin and without the district and to extend its water lines thereto;

 

(xi) Except as otherwise provided in this act, to enter intocontracts and agreements affecting the affairs of the district, including butnot limited to contracts with the United States of America and any of itsagencies or instrumentalities, and contracts with any municipality or districtfor the operation of a common or jointly owned project. Any improvement orimprovements of any nature made in any district where the entire cost, value oramount of such work including labor and materials shall exceed seven thousandfive hundred dollars ($7,500.00), except such work done by employees of thedistrict with supplies and materials purchased by it as hereinafter provided orexcept by labor or supplies and materials, or all of such, supplied underagreement with the United States of America, the state of Wyoming, or anyfederal or state agency, instrumentality or corporation, or other politicalsubdivision, shall be done only under independent contract to be entered intoby the district with the lowest responsible bidder submitting the lowest andbest bid upon proper terms after due public notice by publication has beengiven asking for competitive bids. The district shall have the right to rejectany and all bids and to waive any irregularity in any bid. Any contract may belet on a lump sum or unit basis. No contract shall be entered into for suchwork unless the contractor shall give an undertaking with a sufficient suretyor sureties approved by the board and in an amount fixed by the board for thefaithful performance of the contract. Upon default in the performance of anycontract, the proper official may advertise and relet the remainder of the workwithout further resolution and deduct the cost from the original contract priceand recover any excess cost by suit on the original bond, or otherwise. Thedistrict shall have the power to make any improvement, or portion thereof, inany district, directly by the officers, agents and employees of the district,with supplies and materials purchased or otherwise acquired therefor. Allsupplies, materials, equipment, machinery and apparatus purchased by the boardfor any district (but not by a contractor) costing seven thousand five hundreddollars ($7,500.00) or more shall be purchased only after notice by publicationfor competitive bids. The district shall accept the lowest bid, kind, qualityand material being equal, but the district shall have the right to reject any andall bids, to waive any irregularity in any bid, and to select a single itemfrom any bid. The provision as to bidding shall not apply to the purchase ofpatented and manufactured products offered for sale in a noncompetitive marketor solely by a manufacturer's authorized dealer;

 

(xii) To borrow money and incur indebtedness and otherobligations and evidence the same by certificates, notes or debentures, and toissue bonds, in accordance with the provisions of this act;

 

(xiii) To acquire, dispose of and encumber real and personalproperty, water, water rights, water and sewer works and plants, and anyinterest therein, including leases, easements, and revenues derived from theoperation thereof. The constitutional and inherent powers of the legislatureare hereby delegated to the board for the acquisition, disposal and encumbranceof property provided that the board shall in no case receive title to propertyalready devoted to public purpose or use, except with the consent of the ownersof such property, and except upon approval of a majority of the board;

 

(xiv) To enter on any lands, waters and premises for the purposesof making surveys, soundings, examinations, tests and inspections;

 

(xv) To consult with the state department of health about anysystem or proposed system of water supply, drainage or sewage, as to the mostappropriate source of water supply and the best method of assuring its purity,or as to the best method of disposing of the district's drainage or sewage withreference to the existing and future needs of other cities, towns, districts orother persons which may be affected thereby; and to submit to the department ofhealth for its advice and approval the district's proposed system of watersupply or of the disposal of drainage or sewage. No district shall proceed toacquire or improve any system of water supply, drainage or sewage disposalwithout first obtaining the approval of the state department of health. In thissubsection the term "drainage" means rainfall, surface and subsoilwater only, and "sewage" means domestic and industrial filth andwaste;

 

(xvi) To have the management, control and supervision of all thebusiness and affairs of the district, and the acquisition, improvement,equipment, operation and maintenance of any district project;

 

(xvii) To hire and retain agents, employees, servants, engineersand attorneys, and any other persons necessary or desirable to effect thepurposes of this act;

 

(xviii) To prescribe the duties of officers, agents, employees andservants, and fix their compensation provided that the compensation of districtemployees and officers shall be established as prevailing rates of pay forequivalent work;

 

(xix) To have and exercise the power of eminent domain anddominant eminent domain and in the manner provided by law for the condemnationby a city of private property for public use to take any property necessary tothe exercise of the powers granted, both within and without the district;

 

(xx) To construct and maintain works and establish and maintainfacilities across or along any public street and in, upon, or over any vacantpublic lands which are now or may become the property of the state of Wyoming,and to construct works and establish and maintain facilities across any streamof water or watercourse. The district shall promptly restore the street to itsformer state of usefulness as nearly as possible, and shall not completely orunnecessarily impair its usefulness. Whenever it is necessary, in making anyimprovements under the provisions of this act, to enter upon or cross anyproperty of the state acquired for and utilized in the operation andmaintenance of a state highway, the district shall have the right-of-way overthe same by filing a plat of the lands and of its proposed improvements withthe state department of transportation and acquiring a license from thedepartment. The license shall provide that the utility facility will beconstructed in a manner to conform with applicable federal, state or locallaws, codes and ordinances and as directed by the state department oftransportation;

 

(xxi) To fix and from time to time to increase or decrease waterand sewer rates, tolls or charges, including but not necessarily limited to usecharges, connection fees and standby charges, for services or facilitiesfurnished by the district, and to pledge such revenue for the payment of anyindebtedness of the district. Until paid, all rates, tolls or charges shallconstitute a perpetual lien on and against the property served, and any suchlien may be foreclosed in the same manner as provided by the laws of the stateof Wyoming for the foreclosure of mechanics' liens. Before any such lien isforeclosed the district shall hold a hearing thereon after notice thereof bypublication and by registered first class mail, postage prepaid, addressed tothe last known owner at his last known address according to the records of thedistrict and the real property assessment roll in the county in which theproperty is located. The board shall shut off or discontinue service fordelinquencies in the payment of such rates, tolls or charges, or in the paymentof taxes or assessments levied pursuant to this act, and prescribe and enforcerules and regulations for the connection with and the disconnection fromproperties of the facilities of the district. For health and sanitary purposesthe board shall have the power to compel the owners of inhabited propertywithin a sewer district to connect their property with the sewer system of suchdistrict and upon a failure so to connect within sixty (60) days after suchwritten, mailed notice by the board so to do the board may cause suchconnection to be made and a lien to be filed against the property for theexpense incurred in making such connection. No owner shall be compelled toconnect his property with such system unless a service line is brought, by thedistrict, to a point within four hundred (400) feet of his dwelling place;

 

(xxii) To adopt and amend bylaws, not in conflict with theconstitution and laws of the state for carrying on the business, objects andaffairs of the board and of the district. These bylaws shall be filed with thecounty clerk for each county in which the district is located;

 

(xxiii) To have and exercise all rights and powers necessary orincidental to or implied from the specific powers granted in this act. Suchspecific powers shall not be considered as a limitation upon any powernecessary or appropriate to carry out the purposes and intent of this act;

 

(xxiv) When a district abuts a city or town and when all of itsindebtedness has been fully paid or satisfied, to convey to such city or townwith the consent of the governing authority thereof, all of the property ofsuch district upon the condition that such city or town will operate andmaintain such property regardless of whether the area comprising the districtis annexed to the municipality. Upon such conveyance the district shall bedissolved and a certificate to such effect shall be signed by the clericalofficer of the city or town and filed with the secretary of state and anycounty clerk and recorder of any county in which the order establishing thedistrict is filed;

 

(xxv) When two (2) or more districts are using the same or jointfacilities and when the obligations of each district are fully paid orsatisfied, to consolidate such districts into one (1). In such an event theconsolidated district shall be under the control of a joint board consisting ofthe members of each board, until by the occurrence of vacancies or expirationof terms of office the board is reduced to five (5) members. Thereafter themembers of the board shall be elected as provided in W.S. 41-10-112;

 

(xxvi) If a boundary of a district is contiguous with thecorporate boundary of a city or town, a district may contract with a city ortown to supply water or to provide sanitary sewer or other services for whichthe district was organized to property within the city or town, if it iseconomically feasible in the opinion of the board. Any water service shall beaccomplished in strict adherence with the water rights held by the district, oras such rights may be amended or enlarged under procedures of law provided in title41 of the Wyoming statutes through the state engineer. The board may financethe extension and maintenance of the water or sewer system through revenuebonds or other means granted by law for financing the service. A one-timeconnection fee or system investment fee reasonably calculated to permitrecovery of a proportionate share of the system infrastructure cost necessaryto treat, deliver or transport the water or sewer may also be charged. Aone-time fee may also be charged to recover reasonable expenses incurred by thedistrict in determining the actual costs necessary to treat, deliver ortransport the water or sewer to the point of connection. The district boardmay establish one (1) or more service areas outside the district in each ofwhich an average rate may be used for all customers. Charges for specialservices such as line installation and maintenance shall be in addition to thewater or sewer rate. The rate established for use of water or sewer pursuantto this section is as follows:

 

(A) A district which at any time after April 1, 1999, entersinto a contract to serve property within a contiguous city or town outside ofits district boundaries shall establish rates, tolls and charges that are noless than the rates, tolls and charges charged for the same or similar servicewithin the district and that do not exceed the actual costs of treating,delivering or transporting the water or sewer to the point of connection. Asused in this paragraph, "actual costs" of treating, delivering ortransporting water or sewerage shall include a proportionate share of thefollowing costs related to the water or sewer system:

 

(I) Fees, interest charges and principal payments on all bondsissued and other indebtedness incurred to construct, purchase or improve thesystem;

 

(II) Salaries and wages of employees;

 

(III) The cost of materials, supplies, utilities and outsideservices;

 

(IV) Other costs directly related to the water delivery or sewersystem;

 

(V) The cost for providing and maintaining a depreciation fund,a fund for emergencies and a fund for acquisition and development of new waterrights and water sources;

 

(VI) Administrative and overhead expenses; and

 

(VII) The cost of acquiring, treating, delivering or transportingwater or sewer.

 

41-10-114. Authority of board to levy and collect taxes generally;maximum levy.

 

Inaddition to the other means providing revenue for such districts, the boardshall have power and authority to levy and collect general (ad valorem) taxeson and against all taxable property within the district. No district shall levya tax to exceed eight (8) mills on the dollar in any one (1) year, except forthe payment of its public debt and the interest thereon.

 

41-10-115. Annual determination by board of amount of money necessaryto be raised by taxation; fixing annual tax levy; certification of rate fixedand determined to county commissioners and clerks.

 

Tolevy and collect taxes, the board shall determine, in each year, the amount ofmoney necessary to be raised by taxation, taking into consideration othersources of revenue of the district, and shall fix a rate of levy, which, whenlevied upon every dollar of assessed valuation of taxable property within thedistrict, and together with other revenues, will raise the amount required bythe district annually to supply funds for paying expenses of organization andthe costs of acquiring, operating and maintaining the works and equipment ofthe district, and promptly to pay in full, when due, all interest on andprincipal of general obligation bonds and other such obligations of thedistrict, and in the event of accruing defaults or deficiencies, an additionallevy may be made as provided in section 16. The secretary of the districtpursuant to resolution of the board shall on or before the fourth Monday in Mayof each year, certify to the board of county commissioners of each countywithin the district, or having a portion of its territory within the district,and file with the county clerk thereof, the rate so fixed with directions thatat the time and in the manner required by law for levying taxes for countypurposes, such board of county commissioners shall levy such tax upon theassessed valuation of all taxable property within the district, in addition tosuch other taxes as may be levied by such board of county commissioners at therate so fixed and determined.

 

41-10-116. Matters to be considered in certifying annual levies;additional levies.

 

Theboard, in certifying annual levies, shall take into account the maturingindebtedness for the ensuing year as provided in its contracts, maturinggeneral obligation bonds and interest on such bonds, and deficiencies anddefaults of prior years, and shall make ample provision for the paymentthereof. In case the moneys produced from such levies, together with otherrevenues of the district, are not sufficient punctually to pay the annual installmentson its contracts or bonds, and interest thereon, and to pay defaults anddeficiencies, the board shall make such additional levies of taxes as may benecessary for such purposes, and notwithstanding any limitations, such taxesshall be made and continue to be levied until the indebtedness of the districtshall be fully paid.

 

41-10-117. Duty of county officials to levy and collect tax; monthlypayment of collections to treasurer of district; taxes to constitute perpetuallien; lien to be on parity with general tax lien.

 

Itshall be the duty of the body having authority to levy taxes within each countyto levy the taxes provided in this act. It shall be the duty of all officialscharged with the duty of assessing property and collecting taxes to assessproperty and to collect such taxes at the time and in the form and manner withlike interest and penalties as property is assessed and other taxes arecollected and when collected to pay the same to the district ordering its levyand collection. The payment of such collections shall be made monthly to thetreasurer of the district and paid into the depository thereof to the credit ofthe district. For any district the area of which is in more than one (1)county, the officials of each county shall perform said duties for the area andproperty therein. All taxes levied under this act, together with interestthereon and penalties for default in payment thereof, and all costs ofcollecting the same, shall constitute, until paid, a perpetual lien on and againstthe property taxed, and such lien shall be on a parity with the tax lien ofother general taxes.

 

41-10-118. Sale of real and personal property for nonpayment of taxes.

 

Ifthe taxes levied are not paid, then delinquent real property shall be sold atthe regular tax sale for the payment of said taxes, interest and penalties, inthe manner provided by the statutes of the state of Wyoming for selling realproperty for the nonpayment of general taxes. If there are not bids at said taxsale for the property so offered, said property shall be struck off to thecounty, and the county shall account to the district in the same manner asprovided by law for accounting for school, town and city taxes. Delinquentpersonal property shall be distrained and sold as provided by law.

 

41-10-119. Authority of board to levy taxes and collect revenue forpurpose of creating a reserve fund.

 

Wheneverany indebtedness has been incurred by a district, it shall be lawful for theboard to levy taxes and collect revenue for the purpose of creating a reservefund in such amount as the board may determine, which may be used to meet theobligations of the district, for maintenance and operating charges anddepreciation, and provide extension of and betterments to the improvements ofthe district.

 

41-10-120. Change in boundaries of districts; generally.

 

(a) The boundary of any district organized under the provisionsof this act may be changed in the manner prescribed in the Special DistrictElections Act of 1994, but the change of boundaries of the district shall notimpair nor affect its organization, nor shall it affect, impair or dischargeany contract, obligation, lien or charge on which it might be liable orchargeable had such change of boundaries not been made.

 

(b) Property included within or annexed to a district shall besubject to the payment of taxes and charges, as provided in the SpecialDistrict Elections Act of 1994. Real property excluded from a district shallthereafter be subject to the levy of taxes for the payment of its proportionateshare of any indebtedness of the district outstanding at the time of suchexclusion. Personal property may be excluded from a district on such terms andconditions as may be prescribed by the board of the district involved.

 

41-10-121. Repealed by Laws 1998, ch. 115, 5.

 

 

41-10-122. Repealed by Laws 1998, ch. 115, 5.

 

 

41-10-123. Repealed by Laws 1998, ch. 115, 5.

 

 

41-10-124. Authority of district to borrow money; types of securitiespermitted to evidence borrowing; exemption of securities from taxation.

 

 

(a) A district may borrow money and issue the followingsecurities to evidence such borrowing:

 

(i) Short-term notes;

 

(ii) General obligation bonds and other like securities;

 

(iii) Revenue bonds and other like securities; and

 

(iv) Special assessment bonds and other like securities.

 

(b) Any such securities of a district shall be exempt fromtaxation when owned by actual residents of the state, provided, that the owneror owners thereof shall list the same annually on their assessment schedule, asfrom time to time amended and supplemented.

 

41-10-125. Borrowing money without election in anticipation ofcollection of taxes; issuance of short-term notes.

 

Adistrict, upon the affirmative vote of four (4) directors, is hereby authorizedto borrow money without an election in anticipation of the collection of taxesor other revenues and to issue short-term notes to evidence the amount soborrowed. Such short-term notes shall be payable from the fund for which themoney was borrowed; shall mature before the close of the fiscal year in which themoney is so borrowed; and shall not be extended or funded except in compliancewith section 26, "general obligation bonds" of this act.

 

41-10-126. Resolution and election prerequisite to issuance of generalobligation bonds.

 

Nobonds or other evidences of indebtedness payable in whole or in part from theproceeds of general (ad valorem) property taxes or to which the full faith andcredit of a district are pledged, shall be issued, except in pursuance of aresolution, nor until the question of their issuance shall be submitted to avote of the electors and approved by a majority of the qualified taxpayingelectors voting on the question and by a majority of other qualified electorsvoting thereon, or, if no ballots are cast in one (1) of the ballot boxes and amajority of the ballots in the other ballot box favor the issuance of the bondsor other evidences of indebtedness, approved either by a majority of thequalified taxpaying electors voting thereon or by a majority of the otherqualified electors voting thereon at an election held as provided for bondelections by the Political Subdivision Bond Election Law, W.S. 22-21-101through 22-21-112.

 

41-10-127. Maximum aggregate amount of bonds or other evidences ofindebtedness.

 

Theaggregate amount of bonds or other evidences of indebtedness shall not exceedsix percent (6%) of the assessed value of the taxable property within thedistrict as shown by the last preceding general assessment; provided, however,that in determining the amount of indebtedness, there shall not be includedwithin the computation, bonds or other evidences of indebtedness outstanding orauthorized to be issued for supplying water to the district, short-term notes,special assessment securities, or securities payable solely from the netrevenues of an income-producing system or other project.

 

41-10-128. Borrowing money and issuing bonds for purpose of acquiringor improving water or sewer system or other income-producing project.

 

Adistrict in pursuance of a resolution may borrow money, issue bonds, orotherwise extend its credit for the purpose of acquiring or improving a wateror sewer system, or other income-producing project; provided that the bonds orother obligations shall be made payable solely out of the net revenues derivedfrom the operation of the system or other such project; and the systems andprojects may be combined, operated and maintained as joint systems or projects,in which case the bonds or other obligations shall be made payable solely outof the net revenues derived from the operation of the joint systems orprojects. No revenue bonds or other like securities shall be issued unless theissuance thereof has been submitted to a vote of the electors and approved by amajority of the qualified taxpaying electors voting on the question and by amajority of other qualified electors voting thereon, or, if no ballots are castin one (1) of the ballot boxes and a majority of the ballots in the otherballot box favor the issuance of such bonds or other like securities, approvedeither by a majority of the qualified taxpaying electors voting thereon or by amajority of the other qualified electors voting thereon, as the case may be, atan election held as provided for bond elections by the Political SubdivisionBond Election Law, W.S. 22-21-101 through 22-21-112.

 

41-10-129. Power to create local improvement districts vested in board.

 

Thepower to create local improvement districts in a district organized pursuant tothis act, to assess the cost of the construction of public improvements of alocal and municipal character or a part thereof against benefited propertytherein, and to issue special assessment bonds is vested in the board, and thedistricts shall be created, local improvements acquired, special assessmentslevied and collected and special assessment bonds issued, as provided in W.S.15-6-101 through 15-6-448, except as herein otherwise provided.

 

41-10-130. Submission of question of creating indebtedness to votersupon determination by resolution that interest of district and public interestor necessity demand the acquisition or improvement of projects, making ofcontracts.

 

Wheneverany board shall determine, by resolution, that the interest of said districtand the public interest or necessity demand the acquisition or improvement ofany project, or the making of any contract with the United States or otherpersons, to carry out the objects or purposes of said district, requiring thecreation of an indebtedness or the issuance of securities herein required to beauthorized by the electors of the district, said board shall order thesubmission of the proposition of creating such indebtedness or securities tothe qualified electors of the district at an election. Any such election shallbe held as provided for bond elections by the Political Subdivision BondElection Law, W.S. 22-21-101 through 22-21-112 and may be held separately ormay be consolidated or held concurrently with any other election authorized bythis act. The declaration of public interest or necessity required and theprovision for the holding of the election may be included within one (1) andthe same resolution, which resolution, in addition to the declaration of publicinterest or necessity, shall recite the objects and purposes for which theindebtedness is proposed to be incurred or the bonds are proposed to be issued,the estimated cost of the project, the amount of principal of the indebtednessto be incurred or of the bonds to be issued therefor, and the maximum rate ofinterest to be paid on the indebtedness or bonds. The resolution shall alsorecite the date upon which the election shall be held and the manner of holdingthe same and the method of voting for or against the incurring of the proposedindebtedness or bonds. The board shall direct the publication of the notice ofelection, the first publication of said notice to be not less than twenty (20)days prior to the election.

 

41-10-131. Principal and interest to be paid solely from net revenues;pledging surplus and unpledged revenues as additional security; bonds notissued payable from revenues or special assessments to be general obligationsof district.

 

Theprincipal of and interest on revenue bonds herein authorized to be issued, andany prior redemption premium or premiums, shall be payable solely from the netrevenues derived from the operation of the project for the acquisition orimprovement of which the bonds are issued, including, without limiting thegenerality of the foregoing, revenues of a prior existing project which isimproved by the expenditure of the bond proceeds, and revenues of improvementstheretofore or thereafter acquired to such project which are not acquired bythe expenditure of such bond proceeds; and the principal of and interest onspecial assessment bonds herein authorized to be issued, and any priorredemption premium or premiums, shall be payable solely out of moneys collectedon account of the assessments, principal, interest and any penalties, leviedfor the project for the acquisition or improvement of which the bonds areissued; provided, however, that the payment of such special assessment bondsmay at the board's option be additionally secured as herein provided. The boardmay ascertain and determine in a resolution authorizing the issuance of thebonds that the district has, or will have during the term of the bonds, or hasand so will have, designated surplus and unpledged revenues derived from the operationof any income-producing project, or special assessments or excise tax or taxeswhich the district is herein authorized to levy, fix or charge, or from anycombination thereof, and the board in said resolution may pledge all or aportion of such surplus and unpledged revenues as additional security for suchpayment of said bonds, and at its option may deposit such revenues in a fundcreated to pay the bonds or created to secure additionally their payment. Anysuch revenue pledged directly or as additional security for the payment ofbonds of any one issue or series which revenues are not exclusively pledgedtherefor, may subsequently be pledged directly or as additional security forthe payment of the bonds of one or more issues or series subsequentlyauthorized. All bonds of the same issue or series shall, subject to the priorand superior rights of outstanding bonds, claims and other obligations, have aprior, paramount and superior lien on the revenues pledged for the payment ofthe bonds over and ahead of any other claims or obligations thereagainstsubsequently incurred; provided, however, the resolution authorizing theissuance of any bonds may provide for the subsequent authorization of bonds orother obligations the lien for the payment of which on such revenues is on aparity with the lien thereon of the bonds therein authorized upon suchconditions and subject to such limitations as said resolution may provide. Allbonds not issued payable solely from such revenues or special assessments (withor without such additional security) shall be the general obligations of thedistrict, and the full faith and credit of the district shall be pledged forthe payment thereof. All bonds of the same issue or series shall be equally andratably secured without priority by reason of number, date of maturity, date ofbonds, of sale, of execution, or of delivery, by a lien on said revenues inaccordance with the provisions of this act and the resolution authorizing saidbonds, except to the extent such resolution shall otherwise specificallyprovide.

 

41-10-132. Bonds not to be debt of district; exception as to generalobligation bonds; bonds to recite that principal and interest payable solelyfrom revenues.

 

Exceptfor general obligation bonds, bonds issued pursuant to this act shall not be adebt of the district, and the district shall not be liable thereon, nor shallit thereby pledge its full faith and credit for their payments, nor shall thebonds be payable out of any funds other than the revenues, special assessments,or other moneys pledged to the payment thereof. Each such bond issued underthis act shall recite in substance that said bond and the interest thereon arepayable solely from the revenues, special assessments or other moneys pledgedto the payment thereof. The payment of bonds shall not be secured by anencumbrance, mortgage or other pledge of property of the district, except forrevenues, income, tax proceeds and other moneys pledged for the payment ofbonds. No property of the district, subject to said exceptions, shall be liableto be forfeited or taken in payment of the bonds.

 

41-10-133. Resolution may provide that bonds shall recite that they areissued under authority of act; effect of recital.

 

Itmay be provided in any resolution authorizing any bonds hereunder that suchbond shall recite that it is issued under authority of this act. Such recitalshall conclusively impart full compliance with all of the provisions of thisact, and all bonds issued containing such recital shall be incontestable forany cause whatsoever after their delivery for value.

 

41-10-134. Date of bonds; maturity; payment and rate of interest; whenand where payable; privileges for registration; prerequisite to reissuance uponloss.

 

Generalobligation bonds, revenue bonds or special assessment bonds herein authorizedto be issued shall bear a date or dates, shall mature in a denomination ordenominations at the time or times not exceeding the estimated life of theimprovements acquired with the bond proceeds and in no event not more thanthirty (30) years from their date, shall bear interest payable annually, or ata lesser interval or intervals as may be prescribed by resolution, shall bepayable in a medium of payment at the place or places within or without thestate of Wyoming, and at the option of the board may be in one (1) or moreseries, may be made subject to prior redemption in advance of maturity at thetime or times without or with the payment of the premium or premiums notexceeding five percent (5%) of the principal amount of the bond so redeemed,may provide for the payment of interest thereon from the proceeds thereof for aperiod not to exceed three (3) years from the date thereof, may be issued withprivileges for registration for payment as to principal or interest, or both,and generally shall be issued in a manner, in a form, with recitals, terms,covenants and conditions, and with other details as may be provided by theboard in the resolution or resolutions authorizing the bonds, except as hereinotherwise provided. Pending preparations of the definite bonds, interimreceipts or certificates in a form and with such provisions as the boarddetermines may be issued. Except for payment provisions herein specificallyprovided, the bonds, interest coupons thereto attached, and interim receipts orcertificates shall be fully negotiable within the meaning of and for all thepurposes of the Uniform Commercial Code - Investment Securities. If lost orcompletely destroyed, a bond may be reissued in the form and tenor of the lostor destroyed bond upon the owner furnishing, to the satisfaction of thegoverning body, (a) proof of ownership, (b) proof of loss or

State Codes and Statutes

Statutes > Wyoming > Title41 > Chapter10

CHAPTER 10 - WATER AND SEWER DISTRICT LAW

 

41-10-101. Definitions.

 

(a) As used in this act the following words or phrases shall bedefined as follows:

 

(i) "District" shall mean any district organized orproposed to be organized in the case of organizational provisions pursuant tothis act;

 

(ii) "Water district" shall mean any districtorganized to acquire any water project for the purpose of supplying water fordomestic purposes by any available means, the treatment of such water, and itsdistribution, for which purposes the district shall have power to acquire waterrights, treatment facilities and lines for a water system, and appurtenantfacilities, within and without its corporate limits;

 

(iii) "Sewer district" shall mean any districtorganized to acquire any sewer project for the purpose of providing sanitarysewers, treatment facilities, disposal plant or other treatment and disposalworks, and appurtenant facilities, or storm sewers, flood and surface drainageworks, and appurtenant facilities, or providing both such sanitary and stormsewers, works and facilities, and providing all necessary, proper or desirableequipment and appurtenances incident thereto;

 

(iv) "Water and sewer district" shall mean anydistrict organized to acquire any such water and sewer project. A district mayor may not be created for a combination of water and sewer purposes;

 

(v) "Board" shall mean the board of directors of adistrict and shall be the governing legislative body thereof. The board shallact whenever any other relevant act empowers or requires action by the citycouncil, town council or other governing body of a municipality;

 

(vi) "Directors" shall mean the members of a board;

 

(vii) "Acquisition" or "acquire" shall meanthe acquisition by purchase, construction, installation, reconstruction,condemnation, lease, rent, gift, grant, bequest, devise, contract or otheracquisition as may be deemed necessary or desirable by the board, or anycombination thereof;

 

(viii) "Improvement" or "improve" shall meanthe extension, betterment, alteration, reconstruction, repair or otherimprovement as may be deemed necessary or desirable by the board, or anycombination thereof;

 

(ix) "Equipment" or "equip" shall meanfurnishing all necessary or desirable, related or appurtenant, facilities, orany combination thereof;

 

(x) "Project" shall mean any structure, facility,undertaking or system which a district is authorized to acquire, improve,equip, maintain or operate. A project may consist of all kinds of personal andreal property, including but not limited to land, improvements and fixturesthereon, property of any nature appurtenant thereto or used in connectiontherewith, and every estate, interest and right therein, legal or equitable,including terms for years, or any combination thereof;

 

(xi) Repealed by Laws 1998, ch. 115, 5.

 

(xii) Repealed by Laws 1998, ch. 115, 5.

 

(xiii) An "election" authorized under this act shall beheld, conducted and governed as nearly as practicable according to the SpecialDistrict Elections Act of 1994 as supplemented by this act;

 

(A) Repealed by Laws 1998, ch. 115, 5.

 

(B) Repealed by Laws 1998, ch. 115, 5.

 

(C) Repealed by Laws 1998, ch. 115, 5.

 

(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) Repealed by Laws 1998, ch. 115, 5.

 

(H) Repealed by Laws 1998, ch. 115, 5.

 

(J) Repealed by Laws 1998, ch. 115, 5.

 

(xiv) "Publication" or "publish" for provisions other thanelection provisions, shall mean publication for at least once a week for three(3) consecutive weeks by three (3) weekly insertions in at least one (1)newspaper of general circulation in the district, the first publication in thedistrict being at least fifteen (15) days prior to the designated time orevent. It shall not be necessary that publication be made on the same day ofthe week in each of the three (3) calendar weeks, but not less than fourteen(14) days shall intervene between the first publication and the last publication,and publication shall be complete on the day of the last publication.Publication requirements for any election under this act shall be asspecifically provided in this act, or if not specifically provided in this act,as required in the Special District Elections Act of 1994;

 

(xv) A "resolution" adopted by at least a majority ofthe directors present constituting a quorum in meeting duly assembled, unlessthe bylaws of the district require a greater number, shall constitute theformal written instrument by which a board shall act in the exercise of anylegislative power or upon a permanent matter, or both. Otherwise a board mayact by resolution or verbal motion so adopted. Whenever any other relevant actempowers or requires action by ordinance of the city council, town council orother governing body of a municipality, the board shall act by resolution;

 

(xvi) Repealed by Laws 1998, ch. 115, 5.

 

(xvii) Repealed by Laws 1998, ch. 115, 5.

 

41-10-102. Lands included in district.

 

(a) A district may include all or a portion of theunincorporated area in a county in the state of Wyoming.

 

(b) No lands included in any city or town shall be included inany district without the written consent of the governing body of the city ortown.

 

(c) No tract of twenty (20) acres or more shall be included inany district without the written consent of each person having legal (asdistinguished from equitable) title to the tract.

 

(d) A district may consist of noncontiguous tracts or parcelsof land.

 

(e) No area within a district may be annexed to a city or town,but nothing herein contained shall be construed as preventing the dissolutionof a district or the exclusion therefrom of any land therein as hereinauthorized for the purpose of permitting such an annexation, or as prohibitingan annexation in accordance with the provisions of W.S. 41-10-152 through41-10-157.

 

(f) No two (2) districts created under this act for the samepurpose may overlap each other, but nothing herein contained shall be construedas preventing any tract or parcel of land being simultaneously situate in awater district and in a separate sewer district.

 

41-10-103. Establishment of districts; jurisdiction of board of countycommissioners.

 

 

(a) The board of county commissioners for any county in thisstate is hereby vested with the jurisdiction, power and authority to establishdistricts.

 

(b) The board of county commissioners in which the petition forthe organization of a district has been filed shall thereafter for all purposesof this act maintain and have original and exclusive jurisdiction as to any andall proceedings concerning the district coextensive with the boundaries of thedistrict and of the territory which may be proposed to be included in thedistrict and of the property proposed to be included in the district oraffected by the district.

 

(c) Repealed by Laws 1983, ch. 176, 2.

 

41-10-104. Organization of districts; information required in thepetition.

 

(a) Repealed by Laws 1998, ch. 115, 5.

 

(b) Repealed by Laws 1998, ch. 115, 5.

 

(c) A petition to establish a district under this act shallconform to the requirements in the Special District Elections Act of 1994. Thepetition for organization shall also set forth:

 

(i) The name of the proposed district, consisting of a chosenname preceding the words "water district," or "sewerdistrict," or "water and sewer district";

 

(ii) Repealed by Laws 1998, ch. 115, 5.

 

(iii) Repealed by Laws 1998, ch. 115, 5.

 

(iv) The source of water to be used within the proposed districtincluding an estimate of the amount to be used based upon a measurement ingallons of water use per day and a showing that the source is adequate to meetthe projected needs of the district;

 

(v) A detailed description of proposed water service mains,sewer service mains, pump and lift stations servicing mains, distribution ortreatment facilities for water or sewer or both and method and place ofdischarge of wastewater, sewage or both. The board of county commissioners maywaive this requirement pending the approval of the remainder of the petition bythe commissioners. However, no construction may begin until the detaileddescription required by this paragraph has been submitted to and approved bythe board of county commissioners;

 

(vi) A showing that the proposed improvement or improvements orservice or services is compatible with any adopted area-wide facilities plan orintergovernmental agreement in effect at the time of such petition;

 

(vii) In the event the proposed district or a portion thereof islocated within two (2) miles of any city or town the standards to be used inthe construction of the facilities of the proposed district shall also beincluded. These standards shall be no less stringent than the most stringentstandards of the nearest local government entity which is within the two (2)mile limitation.

 

(d) Repealed by Laws 1998, ch. 115, 5.

 

(e) The provisions of the petition seeking the establishment ofthe district shall not be considered to be a limitation on the rights of theboard to submit a bond issue in whatever amount and for whatever improvement orto take any other action authorized herein which the board may find necessaryor desirable after the district is organized.

 

(f) Repealed by Laws 1998, ch. 115, 5.

 

(g) Repealed by Laws 1998, ch. 115, 5.

 

41-10-105. Bond or cash deposit required at time of filing of petition;authority of board to require additional bond or deposit.

 

Atthe time of filing the petition or at any time subsequent thereto, and prior tothe time of hearing on the petition a bond shall be filed, with securityapproved by the board of county commissioners, or a cash deposit madesufficient to pay all expenses connected with the proceedings in case theorganization of the district be not effected. If at any time during theproceeding the board of county commissioners shall be satisfied that the bondfirst executed or the amount of cash deposit is insufficient in amount, it mayrequire the execution of an additional bond or the deposit of additional cashwithin a time to be fixed, not less than ten (10) days distant, and uponfailure of the petitioner to execute or deposit the same, the petition shall bedismissed.

 

41-10-106. Repealed by Laws 1998, ch. 115, 5.

 

 

41-10-107. Election in connection with establishment.

 

(a) Repealed by Laws 1998, ch. 115, 5.

 

(b) Repealed by Laws 1998, ch. 115, 5.

 

(c) Repealed by Laws 1998, ch. 115, 5.

 

(d) At the formation election the voters shall vote for oragainst the formation of the district, and for five (5) taxpaying electors ofthe district, who shall constitute the board of directors of the district, iforganized, to serve until the next regular subsequent director election.

 

(e) Repealed by Laws 1998, ch. 115, 5.

 

(f) The canvassing board shall certify the returns of theelection to the board of county commissioners. If a majority of the votes castat the election are in favor of the formation, the board of countycommissioners shall declare the district organized and give the district thecorporate name designated in the petition, by which it shall thereafter beknown in all proceedings, and shall designate the first board of directorselected. Thereupon the district shall be a governmental subdivision of thestate of Wyoming and a body corporate with all the powers of a public orquasi-municipal corporation.

 

(g) A resolution of the board of county commissionersestablishing the district shall be considered final and no petition in errornor other appeal shall lie therefrom. The resolution of the board of countycommissioners shall finally and conclusively establish the regular organizationof the district against all persons except the state of Wyoming, in an actionin the nature of a writ of quo warranto, commenced by the attorney generalwithin thirty (30) days after the resolution declaring the district asorganized and not otherwise. The organization of the district shall not bedirectly or collaterally questioned in any suit, action or proceeding except asexpressly authorized in this subsection.

 

41-10-108. Copy of resolution establishing district to be transmittedto secretary of state by the county clerk; filing; fee.

 

Within thirty (30) days after the districthas been declared established by the board of county commissioners, theresolution shall be recorded by the county clerk in the county where thedistrict lies and the county clerk shall transmit to the secretary of state acopy of the resolution establishing the district. The resolution shall be filedin the same manner as articles of incorporation are now required to be filedunder the general laws concerning corporations. The secretary of state shallreceive a fee of three dollars ($3.00) for filing and preserving the same.

 

41-10-109. Members of original board of directors to qualify by filingoath of office and bond with county clerk.

 

Whenevera district has been declared organized, the members of the board shall qualifyby filing with the county clerk their oaths of office, and corporate suretybonds at the expense of the district in an amount not to exceed one thousanddollars ($1,000.00) each, the form thereof to be fixed and approved by theboard of county commissioners, conditioned for the faithful performance oftheir duties as directors.

 

41-10-110. Original board generally.

 

(a) After taking oath and filing bonds, the board shall chooseone (1) of its members as chairman of the board, and president of the district,another member as vice-chairman and vice-president; and the board shall elect asecretary and a treasurer of the board and of the district, who may, or maynot, be members of the board. The secretary and the treasurer may be one (1)person.

 

(b) Such board shall adopt a seal and the secretary shall keep,in a well-bound book, a record of all of its proceedings, minutes of allmeetings, certificates, contracts, bonds given by employees and all corporateacts which shall be open to inspection of all owners of real property in thedistrict, as well as to all other interested parties.

 

(c) The treasurer shall maintain accurate records of all moneyreceived by and disbursed for the district. These records may be accumulatedand disposed of according to W.S. 9-2-411 and 9-2-412. The treasurer shall filewith the county clerk at the expense of the district, a corporate fidelity bondin an amount not less than five thousand dollars ($5,000.00), conditioned onthe faithful performance of the duties of his office.

 

(d) The chairman in addition to his duties as a member of theboard shall:

 

(i) Preside at all meetings of the board;

 

(ii) Sign all resolutions adopted by the board;

 

(iii) Appoint all committees;

 

(iv) Sign, acknowledge and execute all instruments authorized bythe board to be executed by the district.

 

(e) In absence of the chairman or in case of his inability toact, the vice-chairman shall perform the duties of the chairman.

 

(f) Each member of the board shall receive as compensation forhis service a sum fixed by the board not in excess of twenty-five dollars($25.00) for actual attendance at each regular or special meeting of the boardor attendance upon any committee meeting, payable monthly. No member of theboard shall receive any compensation as an employee of the district wheneverthe board has determined that a manager should be obtained and has employedsuch manager as a full-time employee to manage the affairs of and operate thebusiness of the district, but until the services of a full-time manager arerequired and obtained, any board member may be engaged from time to time or asa part-time employee, and the compensation paid therefor shall not exceed theestablished prevailing rate of pay for equivalent work. No member of the boardshall be interested in any other contract or transaction with the district exceptin his official representative capacity, and except it be by competitivebidding. If any contract or agreement shall be made in violation of theprovisions of this subsection it shall be voidable, and no action shall bemaintained thereon by any party thereto against the district. To the extent thedistrict makes any payment thereunder, such contract or agreement shall bevalid, and any such payments may be included in any cost defrayed by the levyof special assessments, unless theretofore, the district elects to void thecontract or agreement in its entirety and to recover any such payment from theparty to whom made.

 

(g) The district shall be subject to an audit or oversight ofits accounts by the director of the state department of audit or his designeeas required by W.S. 9-1-507(a)(iii) or 16-4-121(f), as applicable. The board ofdirectors shall cause an audit or other oversight to be made of all financialaffairs of the district during each fiscal year ending June 30, during the nextsucceeding six (6) months. If an audit is required, a summary of the financialstatement shall be certified by the person making the audit, which shall bepublished in a newspaper of general circulation in the district, one (1) issueduring the next succeeding two (2) weeks following the audit. Except asprovided in W.S. 9-1-507(d), the audit, if required, shall be made by acertified public accountant, who is not otherwise employed by the district.

 

(h) The board of county commissioners having jurisdiction ofthe district may remove directors for cause shown, on petition and after noticeand hearing.

 

41-10-111. Regular and special meetings of board; quorum; majoritypresent required to exercise power; filling of vacancies.

 

Theboard shall meet regularly at least once a month at a time and in a place to bedesignated by the board. Special meetings called by the chairman or any two (2)other directors may be held as often as the needs of the district require, onpersonal notice to each member of the board or by mail with postage prepaid, atleast three (3) days prior to the meeting and addressed at the last knownresidence of the member as indicated by the records of the district. Three (3)members of the board constitute a quorum at any meeting. A majority of thosepresent is required to perform any duty authorized by this act except if thebylaws require a larger number. Any vacancy on the board shall be filled untilthe next subsequent director election as provided in the Special DistrictElections Act of 1994.

 

41-10-112. Subsequent elections of members of board of directors ofdistrict.

 

(a) Repealed by Laws 1998, ch. 115, 5.

 

(b) District board members shall serve for a term of four (4)years, except that at the first regular subsequent director election followingthe formation of the district there shall be elected by the voters of thedistrict two (2) members of the board to serve for a term of two (2) years andthree (3) members to serve for terms of four (4) years. Thereafter electionsshall be held every two (2) years. Each director shall be a taxpaying voter ofthe district.

 

(c) Repealed by Laws 1998, ch. 115, 5.

 

41-10-113. Powers of district board.

 

(a) For and on behalf of the district the board of any districtshall have the following powers:

 

(i) To have perpetual existence;

 

(ii) To have and use a corporate seal;

 

(iii) To sue and be sued, and be a party to suits, actions andproceedings;

 

(iv) In the case of a sewer district or water and sewerdistrict, to prepare or cause to be prepared and to revise and adopt plans,designs, and estimates of costs, of a system or systems of outfall sewers,trunks, mains, submains, interceptors, lateral sewers, outlets for sewerage,storm water drains, pumping and ventilating stations, disposal and treatmentplants and works, and any and all other structures, systems, works, and things,which, in the judgment of the board, will provide an effective and advantageousmeans for insuring the area within such district of adequate sanitary disposaland treatment of the sewage thereof, or such section or parts of such system orsystems as the board may from time to time deem proper or convenient toconstruct, consistent with the purposes of this act, and to take any and allsuch steps as the board may deem proper and necessary to effect the purposeshereof;

 

(v) In the case of a sewer district or water and sewerdistrict, to establish, own, construct, improve, lease, operate, and maintain,as part of the sewer and drainage system or systems of the district, sewagetreatment and disposal plants and systems and all appurtenances and appliancesthereunto belonging, and to sell any product or by-product manufactured in the courseof sewage treatment;

 

(vi) In the case of a sewer district or water and sewerdistrict, to enter into and perform contracts, whether long-term or short-term,with any establishment, whether within or without the district, for theprovision and operation by the district of sewerage facilities to abate orreduce the pollution of waters caused by discharges of wastes by suchestablishment, and the payment periodically by such establishment of thedistrict of amounts at least sufficient to compensate the district for the costof providing (including payment of principal and interest charges, if any) andoperating and maintaining the sewerage facilities serving such establishment;

 

(vii) In the case of a sewer district or water and sewerdistrict, to acquire an appropriate outlet within or without the district andto extend its sewer lines thereto;

 

(viii) In the case of a water district or water and sewerdistrict, to prepare or cause to be prepared and to revise and adopt plans,designs, and estimates of costs, of a system or systems of raw and clear waterand distribution storage reservoirs, deep and shallow wells, pumping andgauging stations, tunnels, flumes, conduits, canals, infiltration galleries,hydrants, meters, filtration and treatment plants and works, and any and allother structures, systems, works and things which, in the judgment of theboard, will provide an effective and advantageous means for insuring theterritory within such district of an adequate supply of domestic water, or suchsections or parts of such system or systems as the board may from time to timedeem proper or convenient to construct, consistent with the purposes of thisact, and to take any and all such steps as the board may deem proper andnecessary to effect the purposes hereof consistent with the appropriation lawsand the uses prescribed by statute;

 

(ix) In the case of a water district or water and sewerdistrict, to establish, own, construct, improve, lease, operate and maintain, aspart of the water system or systems of the district, water treatment plants andsystems and all appurtenances and appliances thereunto belonging;

 

(x) In the case of a water district or water and sewerdistrict, to appropriate and otherwise acquire sources of supply of waterwithin and without the district and to extend its water lines thereto;

 

(xi) Except as otherwise provided in this act, to enter intocontracts and agreements affecting the affairs of the district, including butnot limited to contracts with the United States of America and any of itsagencies or instrumentalities, and contracts with any municipality or districtfor the operation of a common or jointly owned project. Any improvement orimprovements of any nature made in any district where the entire cost, value oramount of such work including labor and materials shall exceed seven thousandfive hundred dollars ($7,500.00), except such work done by employees of thedistrict with supplies and materials purchased by it as hereinafter provided orexcept by labor or supplies and materials, or all of such, supplied underagreement with the United States of America, the state of Wyoming, or anyfederal or state agency, instrumentality or corporation, or other politicalsubdivision, shall be done only under independent contract to be entered intoby the district with the lowest responsible bidder submitting the lowest andbest bid upon proper terms after due public notice by publication has beengiven asking for competitive bids. The district shall have the right to rejectany and all bids and to waive any irregularity in any bid. Any contract may belet on a lump sum or unit basis. No contract shall be entered into for suchwork unless the contractor shall give an undertaking with a sufficient suretyor sureties approved by the board and in an amount fixed by the board for thefaithful performance of the contract. Upon default in the performance of anycontract, the proper official may advertise and relet the remainder of the workwithout further resolution and deduct the cost from the original contract priceand recover any excess cost by suit on the original bond, or otherwise. Thedistrict shall have the power to make any improvement, or portion thereof, inany district, directly by the officers, agents and employees of the district,with supplies and materials purchased or otherwise acquired therefor. Allsupplies, materials, equipment, machinery and apparatus purchased by the boardfor any district (but not by a contractor) costing seven thousand five hundreddollars ($7,500.00) or more shall be purchased only after notice by publicationfor competitive bids. The district shall accept the lowest bid, kind, qualityand material being equal, but the district shall have the right to reject any andall bids, to waive any irregularity in any bid, and to select a single itemfrom any bid. The provision as to bidding shall not apply to the purchase ofpatented and manufactured products offered for sale in a noncompetitive marketor solely by a manufacturer's authorized dealer;

 

(xii) To borrow money and incur indebtedness and otherobligations and evidence the same by certificates, notes or debentures, and toissue bonds, in accordance with the provisions of this act;

 

(xiii) To acquire, dispose of and encumber real and personalproperty, water, water rights, water and sewer works and plants, and anyinterest therein, including leases, easements, and revenues derived from theoperation thereof. The constitutional and inherent powers of the legislatureare hereby delegated to the board for the acquisition, disposal and encumbranceof property provided that the board shall in no case receive title to propertyalready devoted to public purpose or use, except with the consent of the ownersof such property, and except upon approval of a majority of the board;

 

(xiv) To enter on any lands, waters and premises for the purposesof making surveys, soundings, examinations, tests and inspections;

 

(xv) To consult with the state department of health about anysystem or proposed system of water supply, drainage or sewage, as to the mostappropriate source of water supply and the best method of assuring its purity,or as to the best method of disposing of the district's drainage or sewage withreference to the existing and future needs of other cities, towns, districts orother persons which may be affected thereby; and to submit to the department ofhealth for its advice and approval the district's proposed system of watersupply or of the disposal of drainage or sewage. No district shall proceed toacquire or improve any system of water supply, drainage or sewage disposalwithout first obtaining the approval of the state department of health. In thissubsection the term "drainage" means rainfall, surface and subsoilwater only, and "sewage" means domestic and industrial filth andwaste;

 

(xvi) To have the management, control and supervision of all thebusiness and affairs of the district, and the acquisition, improvement,equipment, operation and maintenance of any district project;

 

(xvii) To hire and retain agents, employees, servants, engineersand attorneys, and any other persons necessary or desirable to effect thepurposes of this act;

 

(xviii) To prescribe the duties of officers, agents, employees andservants, and fix their compensation provided that the compensation of districtemployees and officers shall be established as prevailing rates of pay forequivalent work;

 

(xix) To have and exercise the power of eminent domain anddominant eminent domain and in the manner provided by law for the condemnationby a city of private property for public use to take any property necessary tothe exercise of the powers granted, both within and without the district;

 

(xx) To construct and maintain works and establish and maintainfacilities across or along any public street and in, upon, or over any vacantpublic lands which are now or may become the property of the state of Wyoming,and to construct works and establish and maintain facilities across any streamof water or watercourse. The district shall promptly restore the street to itsformer state of usefulness as nearly as possible, and shall not completely orunnecessarily impair its usefulness. Whenever it is necessary, in making anyimprovements under the provisions of this act, to enter upon or cross anyproperty of the state acquired for and utilized in the operation andmaintenance of a state highway, the district shall have the right-of-way overthe same by filing a plat of the lands and of its proposed improvements withthe state department of transportation and acquiring a license from thedepartment. The license shall provide that the utility facility will beconstructed in a manner to conform with applicable federal, state or locallaws, codes and ordinances and as directed by the state department oftransportation;

 

(xxi) To fix and from time to time to increase or decrease waterand sewer rates, tolls or charges, including but not necessarily limited to usecharges, connection fees and standby charges, for services or facilitiesfurnished by the district, and to pledge such revenue for the payment of anyindebtedness of the district. Until paid, all rates, tolls or charges shallconstitute a perpetual lien on and against the property served, and any suchlien may be foreclosed in the same manner as provided by the laws of the stateof Wyoming for the foreclosure of mechanics' liens. Before any such lien isforeclosed the district shall hold a hearing thereon after notice thereof bypublication and by registered first class mail, postage prepaid, addressed tothe last known owner at his last known address according to the records of thedistrict and the real property assessment roll in the county in which theproperty is located. The board shall shut off or discontinue service fordelinquencies in the payment of such rates, tolls or charges, or in the paymentof taxes or assessments levied pursuant to this act, and prescribe and enforcerules and regulations for the connection with and the disconnection fromproperties of the facilities of the district. For health and sanitary purposesthe board shall have the power to compel the owners of inhabited propertywithin a sewer district to connect their property with the sewer system of suchdistrict and upon a failure so to connect within sixty (60) days after suchwritten, mailed notice by the board so to do the board may cause suchconnection to be made and a lien to be filed against the property for theexpense incurred in making such connection. No owner shall be compelled toconnect his property with such system unless a service line is brought, by thedistrict, to a point within four hundred (400) feet of his dwelling place;

 

(xxii) To adopt and amend bylaws, not in conflict with theconstitution and laws of the state for carrying on the business, objects andaffairs of the board and of the district. These bylaws shall be filed with thecounty clerk for each county in which the district is located;

 

(xxiii) To have and exercise all rights and powers necessary orincidental to or implied from the specific powers granted in this act. Suchspecific powers shall not be considered as a limitation upon any powernecessary or appropriate to carry out the purposes and intent of this act;

 

(xxiv) When a district abuts a city or town and when all of itsindebtedness has been fully paid or satisfied, to convey to such city or townwith the consent of the governing authority thereof, all of the property ofsuch district upon the condition that such city or town will operate andmaintain such property regardless of whether the area comprising the districtis annexed to the municipality. Upon such conveyance the district shall bedissolved and a certificate to such effect shall be signed by the clericalofficer of the city or town and filed with the secretary of state and anycounty clerk and recorder of any county in which the order establishing thedistrict is filed;

 

(xxv) When two (2) or more districts are using the same or jointfacilities and when the obligations of each district are fully paid orsatisfied, to consolidate such districts into one (1). In such an event theconsolidated district shall be under the control of a joint board consisting ofthe members of each board, until by the occurrence of vacancies or expirationof terms of office the board is reduced to five (5) members. Thereafter themembers of the board shall be elected as provided in W.S. 41-10-112;

 

(xxvi) If a boundary of a district is contiguous with thecorporate boundary of a city or town, a district may contract with a city ortown to supply water or to provide sanitary sewer or other services for whichthe district was organized to property within the city or town, if it iseconomically feasible in the opinion of the board. Any water service shall beaccomplished in strict adherence with the water rights held by the district, oras such rights may be amended or enlarged under procedures of law provided in title41 of the Wyoming statutes through the state engineer. The board may financethe extension and maintenance of the water or sewer system through revenuebonds or other means granted by law for financing the service. A one-timeconnection fee or system investment fee reasonably calculated to permitrecovery of a proportionate share of the system infrastructure cost necessaryto treat, deliver or transport the water or sewer may also be charged. Aone-time fee may also be charged to recover reasonable expenses incurred by thedistrict in determining the actual costs necessary to treat, deliver ortransport the water or sewer to the point of connection. The district boardmay establish one (1) or more service areas outside the district in each ofwhich an average rate may be used for all customers. Charges for specialservices such as line installation and maintenance shall be in addition to thewater or sewer rate. The rate established for use of water or sewer pursuantto this section is as follows:

 

(A) A district which at any time after April 1, 1999, entersinto a contract to serve property within a contiguous city or town outside ofits district boundaries shall establish rates, tolls and charges that are noless than the rates, tolls and charges charged for the same or similar servicewithin the district and that do not exceed the actual costs of treating,delivering or transporting the water or sewer to the point of connection. Asused in this paragraph, "actual costs" of treating, delivering ortransporting water or sewerage shall include a proportionate share of thefollowing costs related to the water or sewer system:

 

(I) Fees, interest charges and principal payments on all bondsissued and other indebtedness incurred to construct, purchase or improve thesystem;

 

(II) Salaries and wages of employees;

 

(III) The cost of materials, supplies, utilities and outsideservices;

 

(IV) Other costs directly related to the water delivery or sewersystem;

 

(V) The cost for providing and maintaining a depreciation fund,a fund for emergencies and a fund for acquisition and development of new waterrights and water sources;

 

(VI) Administrative and overhead expenses; and

 

(VII) The cost of acquiring, treating, delivering or transportingwater or sewer.

 

41-10-114. Authority of board to levy and collect taxes generally;maximum levy.

 

Inaddition to the other means providing revenue for such districts, the boardshall have power and authority to levy and collect general (ad valorem) taxeson and against all taxable property within the district. No district shall levya tax to exceed eight (8) mills on the dollar in any one (1) year, except forthe payment of its public debt and the interest thereon.

 

41-10-115. Annual determination by board of amount of money necessaryto be raised by taxation; fixing annual tax levy; certification of rate fixedand determined to county commissioners and clerks.

 

Tolevy and collect taxes, the board shall determine, in each year, the amount ofmoney necessary to be raised by taxation, taking into consideration othersources of revenue of the district, and shall fix a rate of levy, which, whenlevied upon every dollar of assessed valuation of taxable property within thedistrict, and together with other revenues, will raise the amount required bythe district annually to supply funds for paying expenses of organization andthe costs of acquiring, operating and maintaining the works and equipment ofthe district, and promptly to pay in full, when due, all interest on andprincipal of general obligation bonds and other such obligations of thedistrict, and in the event of accruing defaults or deficiencies, an additionallevy may be made as provided in section 16. The secretary of the districtpursuant to resolution of the board shall on or before the fourth Monday in Mayof each year, certify to the board of county commissioners of each countywithin the district, or having a portion of its territory within the district,and file with the county clerk thereof, the rate so fixed with directions thatat the time and in the manner required by law for levying taxes for countypurposes, such board of county commissioners shall levy such tax upon theassessed valuation of all taxable property within the district, in addition tosuch other taxes as may be levied by such board of county commissioners at therate so fixed and determined.

 

41-10-116. Matters to be considered in certifying annual levies;additional levies.

 

Theboard, in certifying annual levies, shall take into account the maturingindebtedness for the ensuing year as provided in its contracts, maturinggeneral obligation bonds and interest on such bonds, and deficiencies anddefaults of prior years, and shall make ample provision for the paymentthereof. In case the moneys produced from such levies, together with otherrevenues of the district, are not sufficient punctually to pay the annual installmentson its contracts or bonds, and interest thereon, and to pay defaults anddeficiencies, the board shall make such additional levies of taxes as may benecessary for such purposes, and notwithstanding any limitations, such taxesshall be made and continue to be levied until the indebtedness of the districtshall be fully paid.

 

41-10-117. Duty of county officials to levy and collect tax; monthlypayment of collections to treasurer of district; taxes to constitute perpetuallien; lien to be on parity with general tax lien.

 

Itshall be the duty of the body having authority to levy taxes within each countyto levy the taxes provided in this act. It shall be the duty of all officialscharged with the duty of assessing property and collecting taxes to assessproperty and to collect such taxes at the time and in the form and manner withlike interest and penalties as property is assessed and other taxes arecollected and when collected to pay the same to the district ordering its levyand collection. The payment of such collections shall be made monthly to thetreasurer of the district and paid into the depository thereof to the credit ofthe district. For any district the area of which is in more than one (1)county, the officials of each county shall perform said duties for the area andproperty therein. All taxes levied under this act, together with interestthereon and penalties for default in payment thereof, and all costs ofcollecting the same, shall constitute, until paid, a perpetual lien on and againstthe property taxed, and such lien shall be on a parity with the tax lien ofother general taxes.

 

41-10-118. Sale of real and personal property for nonpayment of taxes.

 

Ifthe taxes levied are not paid, then delinquent real property shall be sold atthe regular tax sale for the payment of said taxes, interest and penalties, inthe manner provided by the statutes of the state of Wyoming for selling realproperty for the nonpayment of general taxes. If there are not bids at said taxsale for the property so offered, said property shall be struck off to thecounty, and the county shall account to the district in the same manner asprovided by law for accounting for school, town and city taxes. Delinquentpersonal property shall be distrained and sold as provided by law.

 

41-10-119. Authority of board to levy taxes and collect revenue forpurpose of creating a reserve fund.

 

Wheneverany indebtedness has been incurred by a district, it shall be lawful for theboard to levy taxes and collect revenue for the purpose of creating a reservefund in such amount as the board may determine, which may be used to meet theobligations of the district, for maintenance and operating charges anddepreciation, and provide extension of and betterments to the improvements ofthe district.

 

41-10-120. Change in boundaries of districts; generally.

 

(a) The boundary of any district organized under the provisionsof this act may be changed in the manner prescribed in the Special DistrictElections Act of 1994, but the change of boundaries of the district shall notimpair nor affect its organization, nor shall it affect, impair or dischargeany contract, obligation, lien or charge on which it might be liable orchargeable had such change of boundaries not been made.

 

(b) Property included within or annexed to a district shall besubject to the payment of taxes and charges, as provided in the SpecialDistrict Elections Act of 1994. Real property excluded from a district shallthereafter be subject to the levy of taxes for the payment of its proportionateshare of any indebtedness of the district outstanding at the time of suchexclusion. Personal property may be excluded from a district on such terms andconditions as may be prescribed by the board of the district involved.

 

41-10-121. Repealed by Laws 1998, ch. 115, 5.

 

 

41-10-122. Repealed by Laws 1998, ch. 115, 5.

 

 

41-10-123. Repealed by Laws 1998, ch. 115, 5.

 

 

41-10-124. Authority of district to borrow money; types of securitiespermitted to evidence borrowing; exemption of securities from taxation.

 

 

(a) A district may borrow money and issue the followingsecurities to evidence such borrowing:

 

(i) Short-term notes;

 

(ii) General obligation bonds and other like securities;

 

(iii) Revenue bonds and other like securities; and

 

(iv) Special assessment bonds and other like securities.

 

(b) Any such securities of a district shall be exempt fromtaxation when owned by actual residents of the state, provided, that the owneror owners thereof shall list the same annually on their assessment schedule, asfrom time to time amended and supplemented.

 

41-10-125. Borrowing money without election in anticipation ofcollection of taxes; issuance of short-term notes.

 

Adistrict, upon the affirmative vote of four (4) directors, is hereby authorizedto borrow money without an election in anticipation of the collection of taxesor other revenues and to issue short-term notes to evidence the amount soborrowed. Such short-term notes shall be payable from the fund for which themoney was borrowed; shall mature before the close of the fiscal year in which themoney is so borrowed; and shall not be extended or funded except in compliancewith section 26, "general obligation bonds" of this act.

 

41-10-126. Resolution and election prerequisite to issuance of generalobligation bonds.

 

Nobonds or other evidences of indebtedness payable in whole or in part from theproceeds of general (ad valorem) property taxes or to which the full faith andcredit of a district are pledged, shall be issued, except in pursuance of aresolution, nor until the question of their issuance shall be submitted to avote of the electors and approved by a majority of the qualified taxpayingelectors voting on the question and by a majority of other qualified electorsvoting thereon, or, if no ballots are cast in one (1) of the ballot boxes and amajority of the ballots in the other ballot box favor the issuance of the bondsor other evidences of indebtedness, approved either by a majority of thequalified taxpaying electors voting thereon or by a majority of the otherqualified electors voting thereon at an election held as provided for bondelections by the Political Subdivision Bond Election Law, W.S. 22-21-101through 22-21-112.

 

41-10-127. Maximum aggregate amount of bonds or other evidences ofindebtedness.

 

Theaggregate amount of bonds or other evidences of indebtedness shall not exceedsix percent (6%) of the assessed value of the taxable property within thedistrict as shown by the last preceding general assessment; provided, however,that in determining the amount of indebtedness, there shall not be includedwithin the computation, bonds or other evidences of indebtedness outstanding orauthorized to be issued for supplying water to the district, short-term notes,special assessment securities, or securities payable solely from the netrevenues of an income-producing system or other project.

 

41-10-128. Borrowing money and issuing bonds for purpose of acquiringor improving water or sewer system or other income-producing project.

 

Adistrict in pursuance of a resolution may borrow money, issue bonds, orotherwise extend its credit for the purpose of acquiring or improving a wateror sewer system, or other income-producing project; provided that the bonds orother obligations shall be made payable solely out of the net revenues derivedfrom the operation of the system or other such project; and the systems andprojects may be combined, operated and maintained as joint systems or projects,in which case the bonds or other obligations shall be made payable solely outof the net revenues derived from the operation of the joint systems orprojects. No revenue bonds or other like securities shall be issued unless theissuance thereof has been submitted to a vote of the electors and approved by amajority of the qualified taxpaying electors voting on the question and by amajority of other qualified electors voting thereon, or, if no ballots are castin one (1) of the ballot boxes and a majority of the ballots in the otherballot box favor the issuance of such bonds or other like securities, approvedeither by a majority of the qualified taxpaying electors voting thereon or by amajority of the other qualified electors voting thereon, as the case may be, atan election held as provided for bond elections by the Political SubdivisionBond Election Law, W.S. 22-21-101 through 22-21-112.

 

41-10-129. Power to create local improvement districts vested in board.

 

Thepower to create local improvement districts in a district organized pursuant tothis act, to assess the cost of the construction of public improvements of alocal and municipal character or a part thereof against benefited propertytherein, and to issue special assessment bonds is vested in the board, and thedistricts shall be created, local improvements acquired, special assessmentslevied and collected and special assessment bonds issued, as provided in W.S.15-6-101 through 15-6-448, except as herein otherwise provided.

 

41-10-130. Submission of question of creating indebtedness to votersupon determination by resolution that interest of district and public interestor necessity demand the acquisition or improvement of projects, making ofcontracts.

 

Wheneverany board shall determine, by resolution, that the interest of said districtand the public interest or necessity demand the acquisition or improvement ofany project, or the making of any contract with the United States or otherpersons, to carry out the objects or purposes of said district, requiring thecreation of an indebtedness or the issuance of securities herein required to beauthorized by the electors of the district, said board shall order thesubmission of the proposition of creating such indebtedness or securities tothe qualified electors of the district at an election. Any such election shallbe held as provided for bond elections by the Political Subdivision BondElection Law, W.S. 22-21-101 through 22-21-112 and may be held separately ormay be consolidated or held concurrently with any other election authorized bythis act. The declaration of public interest or necessity required and theprovision for the holding of the election may be included within one (1) andthe same resolution, which resolution, in addition to the declaration of publicinterest or necessity, shall recite the objects and purposes for which theindebtedness is proposed to be incurred or the bonds are proposed to be issued,the estimated cost of the project, the amount of principal of the indebtednessto be incurred or of the bonds to be issued therefor, and the maximum rate ofinterest to be paid on the indebtedness or bonds. The resolution shall alsorecite the date upon which the election shall be held and the manner of holdingthe same and the method of voting for or against the incurring of the proposedindebtedness or bonds. The board shall direct the publication of the notice ofelection, the first publication of said notice to be not less than twenty (20)days prior to the election.

 

41-10-131. Principal and interest to be paid solely from net revenues;pledging surplus and unpledged revenues as additional security; bonds notissued payable from revenues or special assessments to be general obligationsof district.

 

Theprincipal of and interest on revenue bonds herein authorized to be issued, andany prior redemption premium or premiums, shall be payable solely from the netrevenues derived from the operation of the project for the acquisition orimprovement of which the bonds are issued, including, without limiting thegenerality of the foregoing, revenues of a prior existing project which isimproved by the expenditure of the bond proceeds, and revenues of improvementstheretofore or thereafter acquired to such project which are not acquired bythe expenditure of such bond proceeds; and the principal of and interest onspecial assessment bonds herein authorized to be issued, and any priorredemption premium or premiums, shall be payable solely out of moneys collectedon account of the assessments, principal, interest and any penalties, leviedfor the project for the acquisition or improvement of which the bonds areissued; provided, however, that the payment of such special assessment bondsmay at the board's option be additionally secured as herein provided. The boardmay ascertain and determine in a resolution authorizing the issuance of thebonds that the district has, or will have during the term of the bonds, or hasand so will have, designated surplus and unpledged revenues derived from the operationof any income-producing project, or special assessments or excise tax or taxeswhich the district is herein authorized to levy, fix or charge, or from anycombination thereof, and the board in said resolution may pledge all or aportion of such surplus and unpledged revenues as additional security for suchpayment of said bonds, and at its option may deposit such revenues in a fundcreated to pay the bonds or created to secure additionally their payment. Anysuch revenue pledged directly or as additional security for the payment ofbonds of any one issue or series which revenues are not exclusively pledgedtherefor, may subsequently be pledged directly or as additional security forthe payment of the bonds of one or more issues or series subsequentlyauthorized. All bonds of the same issue or series shall, subject to the priorand superior rights of outstanding bonds, claims and other obligations, have aprior, paramount and superior lien on the revenues pledged for the payment ofthe bonds over and ahead of any other claims or obligations thereagainstsubsequently incurred; provided, however, the resolution authorizing theissuance of any bonds may provide for the subsequent authorization of bonds orother obligations the lien for the payment of which on such revenues is on aparity with the lien thereon of the bonds therein authorized upon suchconditions and subject to such limitations as said resolution may provide. Allbonds not issued payable solely from such revenues or special assessments (withor without such additional security) shall be the general obligations of thedistrict, and the full faith and credit of the district shall be pledged forthe payment thereof. All bonds of the same issue or series shall be equally andratably secured without priority by reason of number, date of maturity, date ofbonds, of sale, of execution, or of delivery, by a lien on said revenues inaccordance with the provisions of this act and the resolution authorizing saidbonds, except to the extent such resolution shall otherwise specificallyprovide.

 

41-10-132. Bonds not to be debt of district; exception as to generalobligation bonds; bonds to recite that principal and interest payable solelyfrom revenues.

 

Exceptfor general obligation bonds, bonds issued pursuant to this act shall not be adebt of the district, and the district shall not be liable thereon, nor shallit thereby pledge its full faith and credit for their payments, nor shall thebonds be payable out of any funds other than the revenues, special assessments,or other moneys pledged to the payment thereof. Each such bond issued underthis act shall recite in substance that said bond and the interest thereon arepayable solely from the revenues, special assessments or other moneys pledgedto the payment thereof. The payment of bonds shall not be secured by anencumbrance, mortgage or other pledge of property of the district, except forrevenues, income, tax proceeds and other moneys pledged for the payment ofbonds. No property of the district, subject to said exceptions, shall be liableto be forfeited or taken in payment of the bonds.

 

41-10-133. Resolution may provide that bonds shall recite that they areissued under authority of act; effect of recital.

 

Itmay be provided in any resolution authorizing any bonds hereunder that suchbond shall recite that it is issued under authority of this act. Such recitalshall conclusively impart full compliance with all of the provisions of thisact, and all bonds issued containing such recital shall be incontestable forany cause whatsoever after their delivery for value.

 

41-10-134. Date of bonds; maturity; payment and rate of interest; whenand where payable; privileges for registration; prerequisite to reissuance uponloss.

 

Generalobligation bonds, revenue bonds or special assessment bonds herein authorizedto be issued shall bear a date or dates, shall mature in a denomination ordenominations at the time or times not exceeding the estimated life of theimprovements acquired with the bond proceeds and in no event not more thanthirty (30) years from their date, shall bear interest payable annually, or ata lesser interval or intervals as may be prescribed by resolution, shall bepayable in a medium of payment at the place or places within or without thestate of Wyoming, and at the option of the board may be in one (1) or moreseries, may be made subject to prior redemption in advance of maturity at thetime or times without or with the payment of the premium or premiums notexceeding five percent (5%) of the principal amount of the bond so redeemed,may provide for the payment of interest thereon from the proceeds thereof for aperiod not to exceed three (3) years from the date thereof, may be issued withprivileges for registration for payment as to principal or interest, or both,and generally shall be issued in a manner, in a form, with recitals, terms,covenants and conditions, and with other details as may be provided by theboard in the resolution or resolutions authorizing the bonds, except as hereinotherwise provided. Pending preparations of the definite bonds, interimreceipts or certificates in a form and with such provisions as the boarddetermines may be issued. Except for payment provisions herein specificallyprovided, the bonds, interest coupons thereto attached, and interim receipts orcertificates shall be fully negotiable within the meaning of and for all thepurposes of the Uniform Commercial Code - Investment Securities. If lost orcompletely destroyed, a bond may be reissued in the form and tenor of the lostor destroyed bond upon the owner furnishing, to the satisfaction of thegoverning body, (a) proof of ownership, (b) proof of loss or


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title41 > Chapter10

CHAPTER 10 - WATER AND SEWER DISTRICT LAW

 

41-10-101. Definitions.

 

(a) As used in this act the following words or phrases shall bedefined as follows:

 

(i) "District" shall mean any district organized orproposed to be organized in the case of organizational provisions pursuant tothis act;

 

(ii) "Water district" shall mean any districtorganized to acquire any water project for the purpose of supplying water fordomestic purposes by any available means, the treatment of such water, and itsdistribution, for which purposes the district shall have power to acquire waterrights, treatment facilities and lines for a water system, and appurtenantfacilities, within and without its corporate limits;

 

(iii) "Sewer district" shall mean any districtorganized to acquire any sewer project for the purpose of providing sanitarysewers, treatment facilities, disposal plant or other treatment and disposalworks, and appurtenant facilities, or storm sewers, flood and surface drainageworks, and appurtenant facilities, or providing both such sanitary and stormsewers, works and facilities, and providing all necessary, proper or desirableequipment and appurtenances incident thereto;

 

(iv) "Water and sewer district" shall mean anydistrict organized to acquire any such water and sewer project. A district mayor may not be created for a combination of water and sewer purposes;

 

(v) "Board" shall mean the board of directors of adistrict and shall be the governing legislative body thereof. The board shallact whenever any other relevant act empowers or requires action by the citycouncil, town council or other governing body of a municipality;

 

(vi) "Directors" shall mean the members of a board;

 

(vii) "Acquisition" or "acquire" shall meanthe acquisition by purchase, construction, installation, reconstruction,condemnation, lease, rent, gift, grant, bequest, devise, contract or otheracquisition as may be deemed necessary or desirable by the board, or anycombination thereof;

 

(viii) "Improvement" or "improve" shall meanthe extension, betterment, alteration, reconstruction, repair or otherimprovement as may be deemed necessary or desirable by the board, or anycombination thereof;

 

(ix) "Equipment" or "equip" shall meanfurnishing all necessary or desirable, related or appurtenant, facilities, orany combination thereof;

 

(x) "Project" shall mean any structure, facility,undertaking or system which a district is authorized to acquire, improve,equip, maintain or operate. A project may consist of all kinds of personal andreal property, including but not limited to land, improvements and fixturesthereon, property of any nature appurtenant thereto or used in connectiontherewith, and every estate, interest and right therein, legal or equitable,including terms for years, or any combination thereof;

 

(xi) Repealed by Laws 1998, ch. 115, 5.

 

(xii) Repealed by Laws 1998, ch. 115, 5.

 

(xiii) An "election" authorized under this act shall beheld, conducted and governed as nearly as practicable according to the SpecialDistrict Elections Act of 1994 as supplemented by this act;

 

(A) Repealed by Laws 1998, ch. 115, 5.

 

(B) Repealed by Laws 1998, ch. 115, 5.

 

(C) Repealed by Laws 1998, ch. 115, 5.

 

(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) Repealed by Laws 1998, ch. 115, 5.

 

(H) Repealed by Laws 1998, ch. 115, 5.

 

(J) Repealed by Laws 1998, ch. 115, 5.

 

(xiv) "Publication" or "publish" for provisions other thanelection provisions, shall mean publication for at least once a week for three(3) consecutive weeks by three (3) weekly insertions in at least one (1)newspaper of general circulation in the district, the first publication in thedistrict being at least fifteen (15) days prior to the designated time orevent. It shall not be necessary that publication be made on the same day ofthe week in each of the three (3) calendar weeks, but not less than fourteen(14) days shall intervene between the first publication and the last publication,and publication shall be complete on the day of the last publication.Publication requirements for any election under this act shall be asspecifically provided in this act, or if not specifically provided in this act,as required in the Special District Elections Act of 1994;

 

(xv) A "resolution" adopted by at least a majority ofthe directors present constituting a quorum in meeting duly assembled, unlessthe bylaws of the district require a greater number, shall constitute theformal written instrument by which a board shall act in the exercise of anylegislative power or upon a permanent matter, or both. Otherwise a board mayact by resolution or verbal motion so adopted. Whenever any other relevant actempowers or requires action by ordinance of the city council, town council orother governing body of a municipality, the board shall act by resolution;

 

(xvi) Repealed by Laws 1998, ch. 115, 5.

 

(xvii) Repealed by Laws 1998, ch. 115, 5.

 

41-10-102. Lands included in district.

 

(a) A district may include all or a portion of theunincorporated area in a county in the state of Wyoming.

 

(b) No lands included in any city or town shall be included inany district without the written consent of the governing body of the city ortown.

 

(c) No tract of twenty (20) acres or more shall be included inany district without the written consent of each person having legal (asdistinguished from equitable) title to the tract.

 

(d) A district may consist of noncontiguous tracts or parcelsof land.

 

(e) No area within a district may be annexed to a city or town,but nothing herein contained shall be construed as preventing the dissolutionof a district or the exclusion therefrom of any land therein as hereinauthorized for the purpose of permitting such an annexation, or as prohibitingan annexation in accordance with the provisions of W.S. 41-10-152 through41-10-157.

 

(f) No two (2) districts created under this act for the samepurpose may overlap each other, but nothing herein contained shall be construedas preventing any tract or parcel of land being simultaneously situate in awater district and in a separate sewer district.

 

41-10-103. Establishment of districts; jurisdiction of board of countycommissioners.

 

 

(a) The board of county commissioners for any county in thisstate is hereby vested with the jurisdiction, power and authority to establishdistricts.

 

(b) The board of county commissioners in which the petition forthe organization of a district has been filed shall thereafter for all purposesof this act maintain and have original and exclusive jurisdiction as to any andall proceedings concerning the district coextensive with the boundaries of thedistrict and of the territory which may be proposed to be included in thedistrict and of the property proposed to be included in the district oraffected by the district.

 

(c) Repealed by Laws 1983, ch. 176, 2.

 

41-10-104. Organization of districts; information required in thepetition.

 

(a) Repealed by Laws 1998, ch. 115, 5.

 

(b) Repealed by Laws 1998, ch. 115, 5.

 

(c) A petition to establish a district under this act shallconform to the requirements in the Special District Elections Act of 1994. Thepetition for organization shall also set forth:

 

(i) The name of the proposed district, consisting of a chosenname preceding the words "water district," or "sewerdistrict," or "water and sewer district";

 

(ii) Repealed by Laws 1998, ch. 115, 5.

 

(iii) Repealed by Laws 1998, ch. 115, 5.

 

(iv) The source of water to be used within the proposed districtincluding an estimate of the amount to be used based upon a measurement ingallons of water use per day and a showing that the source is adequate to meetthe projected needs of the district;

 

(v) A detailed description of proposed water service mains,sewer service mains, pump and lift stations servicing mains, distribution ortreatment facilities for water or sewer or both and method and place ofdischarge of wastewater, sewage or both. The board of county commissioners maywaive this requirement pending the approval of the remainder of the petition bythe commissioners. However, no construction may begin until the detaileddescription required by this paragraph has been submitted to and approved bythe board of county commissioners;

 

(vi) A showing that the proposed improvement or improvements orservice or services is compatible with any adopted area-wide facilities plan orintergovernmental agreement in effect at the time of such petition;

 

(vii) In the event the proposed district or a portion thereof islocated within two (2) miles of any city or town the standards to be used inthe construction of the facilities of the proposed district shall also beincluded. These standards shall be no less stringent than the most stringentstandards of the nearest local government entity which is within the two (2)mile limitation.

 

(d) Repealed by Laws 1998, ch. 115, 5.

 

(e) The provisions of the petition seeking the establishment ofthe district shall not be considered to be a limitation on the rights of theboard to submit a bond issue in whatever amount and for whatever improvement orto take any other action authorized herein which the board may find necessaryor desirable after the district is organized.

 

(f) Repealed by Laws 1998, ch. 115, 5.

 

(g) Repealed by Laws 1998, ch. 115, 5.

 

41-10-105. Bond or cash deposit required at time of filing of petition;authority of board to require additional bond or deposit.

 

Atthe time of filing the petition or at any time subsequent thereto, and prior tothe time of hearing on the petition a bond shall be filed, with securityapproved by the board of county commissioners, or a cash deposit madesufficient to pay all expenses connected with the proceedings in case theorganization of the district be not effected. If at any time during theproceeding the board of county commissioners shall be satisfied that the bondfirst executed or the amount of cash deposit is insufficient in amount, it mayrequire the execution of an additional bond or the deposit of additional cashwithin a time to be fixed, not less than ten (10) days distant, and uponfailure of the petitioner to execute or deposit the same, the petition shall bedismissed.

 

41-10-106. Repealed by Laws 1998, ch. 115, 5.

 

 

41-10-107. Election in connection with establishment.

 

(a) Repealed by Laws 1998, ch. 115, 5.

 

(b) Repealed by Laws 1998, ch. 115, 5.

 

(c) Repealed by Laws 1998, ch. 115, 5.

 

(d) At the formation election the voters shall vote for oragainst the formation of the district, and for five (5) taxpaying electors ofthe district, who shall constitute the board of directors of the district, iforganized, to serve until the next regular subsequent director election.

 

(e) Repealed by Laws 1998, ch. 115, 5.

 

(f) The canvassing board shall certify the returns of theelection to the board of county commissioners. If a majority of the votes castat the election are in favor of the formation, the board of countycommissioners shall declare the district organized and give the district thecorporate name designated in the petition, by which it shall thereafter beknown in all proceedings, and shall designate the first board of directorselected. Thereupon the district shall be a governmental subdivision of thestate of Wyoming and a body corporate with all the powers of a public orquasi-municipal corporation.

 

(g) A resolution of the board of county commissionersestablishing the district shall be considered final and no petition in errornor other appeal shall lie therefrom. The resolution of the board of countycommissioners shall finally and conclusively establish the regular organizationof the district against all persons except the state of Wyoming, in an actionin the nature of a writ of quo warranto, commenced by the attorney generalwithin thirty (30) days after the resolution declaring the district asorganized and not otherwise. The organization of the district shall not bedirectly or collaterally questioned in any suit, action or proceeding except asexpressly authorized in this subsection.

 

41-10-108. Copy of resolution establishing district to be transmittedto secretary of state by the county clerk; filing; fee.

 

Within thirty (30) days after the districthas been declared established by the board of county commissioners, theresolution shall be recorded by the county clerk in the county where thedistrict lies and the county clerk shall transmit to the secretary of state acopy of the resolution establishing the district. The resolution shall be filedin the same manner as articles of incorporation are now required to be filedunder the general laws concerning corporations. The secretary of state shallreceive a fee of three dollars ($3.00) for filing and preserving the same.

 

41-10-109. Members of original board of directors to qualify by filingoath of office and bond with county clerk.

 

Whenevera district has been declared organized, the members of the board shall qualifyby filing with the county clerk their oaths of office, and corporate suretybonds at the expense of the district in an amount not to exceed one thousanddollars ($1,000.00) each, the form thereof to be fixed and approved by theboard of county commissioners, conditioned for the faithful performance oftheir duties as directors.

 

41-10-110. Original board generally.

 

(a) After taking oath and filing bonds, the board shall chooseone (1) of its members as chairman of the board, and president of the district,another member as vice-chairman and vice-president; and the board shall elect asecretary and a treasurer of the board and of the district, who may, or maynot, be members of the board. The secretary and the treasurer may be one (1)person.

 

(b) Such board shall adopt a seal and the secretary shall keep,in a well-bound book, a record of all of its proceedings, minutes of allmeetings, certificates, contracts, bonds given by employees and all corporateacts which shall be open to inspection of all owners of real property in thedistrict, as well as to all other interested parties.

 

(c) The treasurer shall maintain accurate records of all moneyreceived by and disbursed for the district. These records may be accumulatedand disposed of according to W.S. 9-2-411 and 9-2-412. The treasurer shall filewith the county clerk at the expense of the district, a corporate fidelity bondin an amount not less than five thousand dollars ($5,000.00), conditioned onthe faithful performance of the duties of his office.

 

(d) The chairman in addition to his duties as a member of theboard shall:

 

(i) Preside at all meetings of the board;

 

(ii) Sign all resolutions adopted by the board;

 

(iii) Appoint all committees;

 

(iv) Sign, acknowledge and execute all instruments authorized bythe board to be executed by the district.

 

(e) In absence of the chairman or in case of his inability toact, the vice-chairman shall perform the duties of the chairman.

 

(f) Each member of the board shall receive as compensation forhis service a sum fixed by the board not in excess of twenty-five dollars($25.00) for actual attendance at each regular or special meeting of the boardor attendance upon any committee meeting, payable monthly. No member of theboard shall receive any compensation as an employee of the district wheneverthe board has determined that a manager should be obtained and has employedsuch manager as a full-time employee to manage the affairs of and operate thebusiness of the district, but until the services of a full-time manager arerequired and obtained, any board member may be engaged from time to time or asa part-time employee, and the compensation paid therefor shall not exceed theestablished prevailing rate of pay for equivalent work. No member of the boardshall be interested in any other contract or transaction with the district exceptin his official representative capacity, and except it be by competitivebidding. If any contract or agreement shall be made in violation of theprovisions of this subsection it shall be voidable, and no action shall bemaintained thereon by any party thereto against the district. To the extent thedistrict makes any payment thereunder, such contract or agreement shall bevalid, and any such payments may be included in any cost defrayed by the levyof special assessments, unless theretofore, the district elects to void thecontract or agreement in its entirety and to recover any such payment from theparty to whom made.

 

(g) The district shall be subject to an audit or oversight ofits accounts by the director of the state department of audit or his designeeas required by W.S. 9-1-507(a)(iii) or 16-4-121(f), as applicable. The board ofdirectors shall cause an audit or other oversight to be made of all financialaffairs of the district during each fiscal year ending June 30, during the nextsucceeding six (6) months. If an audit is required, a summary of the financialstatement shall be certified by the person making the audit, which shall bepublished in a newspaper of general circulation in the district, one (1) issueduring the next succeeding two (2) weeks following the audit. Except asprovided in W.S. 9-1-507(d), the audit, if required, shall be made by acertified public accountant, who is not otherwise employed by the district.

 

(h) The board of county commissioners having jurisdiction ofthe district may remove directors for cause shown, on petition and after noticeand hearing.

 

41-10-111. Regular and special meetings of board; quorum; majoritypresent required to exercise power; filling of vacancies.

 

Theboard shall meet regularly at least once a month at a time and in a place to bedesignated by the board. Special meetings called by the chairman or any two (2)other directors may be held as often as the needs of the district require, onpersonal notice to each member of the board or by mail with postage prepaid, atleast three (3) days prior to the meeting and addressed at the last knownresidence of the member as indicated by the records of the district. Three (3)members of the board constitute a quorum at any meeting. A majority of thosepresent is required to perform any duty authorized by this act except if thebylaws require a larger number. Any vacancy on the board shall be filled untilthe next subsequent director election as provided in the Special DistrictElections Act of 1994.

 

41-10-112. Subsequent elections of members of board of directors ofdistrict.

 

(a) Repealed by Laws 1998, ch. 115, 5.

 

(b) District board members shall serve for a term of four (4)years, except that at the first regular subsequent director election followingthe formation of the district there shall be elected by the voters of thedistrict two (2) members of the board to serve for a term of two (2) years andthree (3) members to serve for terms of four (4) years. Thereafter electionsshall be held every two (2) years. Each director shall be a taxpaying voter ofthe district.

 

(c) Repealed by Laws 1998, ch. 115, 5.

 

41-10-113. Powers of district board.

 

(a) For and on behalf of the district the board of any districtshall have the following powers:

 

(i) To have perpetual existence;

 

(ii) To have and use a corporate seal;

 

(iii) To sue and be sued, and be a party to suits, actions andproceedings;

 

(iv) In the case of a sewer district or water and sewerdistrict, to prepare or cause to be prepared and to revise and adopt plans,designs, and estimates of costs, of a system or systems of outfall sewers,trunks, mains, submains, interceptors, lateral sewers, outlets for sewerage,storm water drains, pumping and ventilating stations, disposal and treatmentplants and works, and any and all other structures, systems, works, and things,which, in the judgment of the board, will provide an effective and advantageousmeans for insuring the area within such district of adequate sanitary disposaland treatment of the sewage thereof, or such section or parts of such system orsystems as the board may from time to time deem proper or convenient toconstruct, consistent with the purposes of this act, and to take any and allsuch steps as the board may deem proper and necessary to effect the purposeshereof;

 

(v) In the case of a sewer district or water and sewerdistrict, to establish, own, construct, improve, lease, operate, and maintain,as part of the sewer and drainage system or systems of the district, sewagetreatment and disposal plants and systems and all appurtenances and appliancesthereunto belonging, and to sell any product or by-product manufactured in the courseof sewage treatment;

 

(vi) In the case of a sewer district or water and sewerdistrict, to enter into and perform contracts, whether long-term or short-term,with any establishment, whether within or without the district, for theprovision and operation by the district of sewerage facilities to abate orreduce the pollution of waters caused by discharges of wastes by suchestablishment, and the payment periodically by such establishment of thedistrict of amounts at least sufficient to compensate the district for the costof providing (including payment of principal and interest charges, if any) andoperating and maintaining the sewerage facilities serving such establishment;

 

(vii) In the case of a sewer district or water and sewerdistrict, to acquire an appropriate outlet within or without the district andto extend its sewer lines thereto;

 

(viii) In the case of a water district or water and sewerdistrict, to prepare or cause to be prepared and to revise and adopt plans,designs, and estimates of costs, of a system or systems of raw and clear waterand distribution storage reservoirs, deep and shallow wells, pumping andgauging stations, tunnels, flumes, conduits, canals, infiltration galleries,hydrants, meters, filtration and treatment plants and works, and any and allother structures, systems, works and things which, in the judgment of theboard, will provide an effective and advantageous means for insuring theterritory within such district of an adequate supply of domestic water, or suchsections or parts of such system or systems as the board may from time to timedeem proper or convenient to construct, consistent with the purposes of thisact, and to take any and all such steps as the board may deem proper andnecessary to effect the purposes hereof consistent with the appropriation lawsand the uses prescribed by statute;

 

(ix) In the case of a water district or water and sewerdistrict, to establish, own, construct, improve, lease, operate and maintain, aspart of the water system or systems of the district, water treatment plants andsystems and all appurtenances and appliances thereunto belonging;

 

(x) In the case of a water district or water and sewerdistrict, to appropriate and otherwise acquire sources of supply of waterwithin and without the district and to extend its water lines thereto;

 

(xi) Except as otherwise provided in this act, to enter intocontracts and agreements affecting the affairs of the district, including butnot limited to contracts with the United States of America and any of itsagencies or instrumentalities, and contracts with any municipality or districtfor the operation of a common or jointly owned project. Any improvement orimprovements of any nature made in any district where the entire cost, value oramount of such work including labor and materials shall exceed seven thousandfive hundred dollars ($7,500.00), except such work done by employees of thedistrict with supplies and materials purchased by it as hereinafter provided orexcept by labor or supplies and materials, or all of such, supplied underagreement with the United States of America, the state of Wyoming, or anyfederal or state agency, instrumentality or corporation, or other politicalsubdivision, shall be done only under independent contract to be entered intoby the district with the lowest responsible bidder submitting the lowest andbest bid upon proper terms after due public notice by publication has beengiven asking for competitive bids. The district shall have the right to rejectany and all bids and to waive any irregularity in any bid. Any contract may belet on a lump sum or unit basis. No contract shall be entered into for suchwork unless the contractor shall give an undertaking with a sufficient suretyor sureties approved by the board and in an amount fixed by the board for thefaithful performance of the contract. Upon default in the performance of anycontract, the proper official may advertise and relet the remainder of the workwithout further resolution and deduct the cost from the original contract priceand recover any excess cost by suit on the original bond, or otherwise. Thedistrict shall have the power to make any improvement, or portion thereof, inany district, directly by the officers, agents and employees of the district,with supplies and materials purchased or otherwise acquired therefor. Allsupplies, materials, equipment, machinery and apparatus purchased by the boardfor any district (but not by a contractor) costing seven thousand five hundreddollars ($7,500.00) or more shall be purchased only after notice by publicationfor competitive bids. The district shall accept the lowest bid, kind, qualityand material being equal, but the district shall have the right to reject any andall bids, to waive any irregularity in any bid, and to select a single itemfrom any bid. The provision as to bidding shall not apply to the purchase ofpatented and manufactured products offered for sale in a noncompetitive marketor solely by a manufacturer's authorized dealer;

 

(xii) To borrow money and incur indebtedness and otherobligations and evidence the same by certificates, notes or debentures, and toissue bonds, in accordance with the provisions of this act;

 

(xiii) To acquire, dispose of and encumber real and personalproperty, water, water rights, water and sewer works and plants, and anyinterest therein, including leases, easements, and revenues derived from theoperation thereof. The constitutional and inherent powers of the legislatureare hereby delegated to the board for the acquisition, disposal and encumbranceof property provided that the board shall in no case receive title to propertyalready devoted to public purpose or use, except with the consent of the ownersof such property, and except upon approval of a majority of the board;

 

(xiv) To enter on any lands, waters and premises for the purposesof making surveys, soundings, examinations, tests and inspections;

 

(xv) To consult with the state department of health about anysystem or proposed system of water supply, drainage or sewage, as to the mostappropriate source of water supply and the best method of assuring its purity,or as to the best method of disposing of the district's drainage or sewage withreference to the existing and future needs of other cities, towns, districts orother persons which may be affected thereby; and to submit to the department ofhealth for its advice and approval the district's proposed system of watersupply or of the disposal of drainage or sewage. No district shall proceed toacquire or improve any system of water supply, drainage or sewage disposalwithout first obtaining the approval of the state department of health. In thissubsection the term "drainage" means rainfall, surface and subsoilwater only, and "sewage" means domestic and industrial filth andwaste;

 

(xvi) To have the management, control and supervision of all thebusiness and affairs of the district, and the acquisition, improvement,equipment, operation and maintenance of any district project;

 

(xvii) To hire and retain agents, employees, servants, engineersand attorneys, and any other persons necessary or desirable to effect thepurposes of this act;

 

(xviii) To prescribe the duties of officers, agents, employees andservants, and fix their compensation provided that the compensation of districtemployees and officers shall be established as prevailing rates of pay forequivalent work;

 

(xix) To have and exercise the power of eminent domain anddominant eminent domain and in the manner provided by law for the condemnationby a city of private property for public use to take any property necessary tothe exercise of the powers granted, both within and without the district;

 

(xx) To construct and maintain works and establish and maintainfacilities across or along any public street and in, upon, or over any vacantpublic lands which are now or may become the property of the state of Wyoming,and to construct works and establish and maintain facilities across any streamof water or watercourse. The district shall promptly restore the street to itsformer state of usefulness as nearly as possible, and shall not completely orunnecessarily impair its usefulness. Whenever it is necessary, in making anyimprovements under the provisions of this act, to enter upon or cross anyproperty of the state acquired for and utilized in the operation andmaintenance of a state highway, the district shall have the right-of-way overthe same by filing a plat of the lands and of its proposed improvements withthe state department of transportation and acquiring a license from thedepartment. The license shall provide that the utility facility will beconstructed in a manner to conform with applicable federal, state or locallaws, codes and ordinances and as directed by the state department oftransportation;

 

(xxi) To fix and from time to time to increase or decrease waterand sewer rates, tolls or charges, including but not necessarily limited to usecharges, connection fees and standby charges, for services or facilitiesfurnished by the district, and to pledge such revenue for the payment of anyindebtedness of the district. Until paid, all rates, tolls or charges shallconstitute a perpetual lien on and against the property served, and any suchlien may be foreclosed in the same manner as provided by the laws of the stateof Wyoming for the foreclosure of mechanics' liens. Before any such lien isforeclosed the district shall hold a hearing thereon after notice thereof bypublication and by registered first class mail, postage prepaid, addressed tothe last known owner at his last known address according to the records of thedistrict and the real property assessment roll in the county in which theproperty is located. The board shall shut off or discontinue service fordelinquencies in the payment of such rates, tolls or charges, or in the paymentof taxes or assessments levied pursuant to this act, and prescribe and enforcerules and regulations for the connection with and the disconnection fromproperties of the facilities of the district. For health and sanitary purposesthe board shall have the power to compel the owners of inhabited propertywithin a sewer district to connect their property with the sewer system of suchdistrict and upon a failure so to connect within sixty (60) days after suchwritten, mailed notice by the board so to do the board may cause suchconnection to be made and a lien to be filed against the property for theexpense incurred in making such connection. No owner shall be compelled toconnect his property with such system unless a service line is brought, by thedistrict, to a point within four hundred (400) feet of his dwelling place;

 

(xxii) To adopt and amend bylaws, not in conflict with theconstitution and laws of the state for carrying on the business, objects andaffairs of the board and of the district. These bylaws shall be filed with thecounty clerk for each county in which the district is located;

 

(xxiii) To have and exercise all rights and powers necessary orincidental to or implied from the specific powers granted in this act. Suchspecific powers shall not be considered as a limitation upon any powernecessary or appropriate to carry out the purposes and intent of this act;

 

(xxiv) When a district abuts a city or town and when all of itsindebtedness has been fully paid or satisfied, to convey to such city or townwith the consent of the governing authority thereof, all of the property ofsuch district upon the condition that such city or town will operate andmaintain such property regardless of whether the area comprising the districtis annexed to the municipality. Upon such conveyance the district shall bedissolved and a certificate to such effect shall be signed by the clericalofficer of the city or town and filed with the secretary of state and anycounty clerk and recorder of any county in which the order establishing thedistrict is filed;

 

(xxv) When two (2) or more districts are using the same or jointfacilities and when the obligations of each district are fully paid orsatisfied, to consolidate such districts into one (1). In such an event theconsolidated district shall be under the control of a joint board consisting ofthe members of each board, until by the occurrence of vacancies or expirationof terms of office the board is reduced to five (5) members. Thereafter themembers of the board shall be elected as provided in W.S. 41-10-112;

 

(xxvi) If a boundary of a district is contiguous with thecorporate boundary of a city or town, a district may contract with a city ortown to supply water or to provide sanitary sewer or other services for whichthe district was organized to property within the city or town, if it iseconomically feasible in the opinion of the board. Any water service shall beaccomplished in strict adherence with the water rights held by the district, oras such rights may be amended or enlarged under procedures of law provided in title41 of the Wyoming statutes through the state engineer. The board may financethe extension and maintenance of the water or sewer system through revenuebonds or other means granted by law for financing the service. A one-timeconnection fee or system investment fee reasonably calculated to permitrecovery of a proportionate share of the system infrastructure cost necessaryto treat, deliver or transport the water or sewer may also be charged. Aone-time fee may also be charged to recover reasonable expenses incurred by thedistrict in determining the actual costs necessary to treat, deliver ortransport the water or sewer to the point of connection. The district boardmay establish one (1) or more service areas outside the district in each ofwhich an average rate may be used for all customers. Charges for specialservices such as line installation and maintenance shall be in addition to thewater or sewer rate. The rate established for use of water or sewer pursuantto this section is as follows:

 

(A) A district which at any time after April 1, 1999, entersinto a contract to serve property within a contiguous city or town outside ofits district boundaries shall establish rates, tolls and charges that are noless than the rates, tolls and charges charged for the same or similar servicewithin the district and that do not exceed the actual costs of treating,delivering or transporting the water or sewer to the point of connection. Asused in this paragraph, "actual costs" of treating, delivering ortransporting water or sewerage shall include a proportionate share of thefollowing costs related to the water or sewer system:

 

(I) Fees, interest charges and principal payments on all bondsissued and other indebtedness incurred to construct, purchase or improve thesystem;

 

(II) Salaries and wages of employees;

 

(III) The cost of materials, supplies, utilities and outsideservices;

 

(IV) Other costs directly related to the water delivery or sewersystem;

 

(V) The cost for providing and maintaining a depreciation fund,a fund for emergencies and a fund for acquisition and development of new waterrights and water sources;

 

(VI) Administrative and overhead expenses; and

 

(VII) The cost of acquiring, treating, delivering or transportingwater or sewer.

 

41-10-114. Authority of board to levy and collect taxes generally;maximum levy.

 

Inaddition to the other means providing revenue for such districts, the boardshall have power and authority to levy and collect general (ad valorem) taxeson and against all taxable property within the district. No district shall levya tax to exceed eight (8) mills on the dollar in any one (1) year, except forthe payment of its public debt and the interest thereon.

 

41-10-115. Annual determination by board of amount of money necessaryto be raised by taxation; fixing annual tax levy; certification of rate fixedand determined to county commissioners and clerks.

 

Tolevy and collect taxes, the board shall determine, in each year, the amount ofmoney necessary to be raised by taxation, taking into consideration othersources of revenue of the district, and shall fix a rate of levy, which, whenlevied upon every dollar of assessed valuation of taxable property within thedistrict, and together with other revenues, will raise the amount required bythe district annually to supply funds for paying expenses of organization andthe costs of acquiring, operating and maintaining the works and equipment ofthe district, and promptly to pay in full, when due, all interest on andprincipal of general obligation bonds and other such obligations of thedistrict, and in the event of accruing defaults or deficiencies, an additionallevy may be made as provided in section 16. The secretary of the districtpursuant to resolution of the board shall on or before the fourth Monday in Mayof each year, certify to the board of county commissioners of each countywithin the district, or having a portion of its territory within the district,and file with the county clerk thereof, the rate so fixed with directions thatat the time and in the manner required by law for levying taxes for countypurposes, such board of county commissioners shall levy such tax upon theassessed valuation of all taxable property within the district, in addition tosuch other taxes as may be levied by such board of county commissioners at therate so fixed and determined.

 

41-10-116. Matters to be considered in certifying annual levies;additional levies.

 

Theboard, in certifying annual levies, shall take into account the maturingindebtedness for the ensuing year as provided in its contracts, maturinggeneral obligation bonds and interest on such bonds, and deficiencies anddefaults of prior years, and shall make ample provision for the paymentthereof. In case the moneys produced from such levies, together with otherrevenues of the district, are not sufficient punctually to pay the annual installmentson its contracts or bonds, and interest thereon, and to pay defaults anddeficiencies, the board shall make such additional levies of taxes as may benecessary for such purposes, and notwithstanding any limitations, such taxesshall be made and continue to be levied until the indebtedness of the districtshall be fully paid.

 

41-10-117. Duty of county officials to levy and collect tax; monthlypayment of collections to treasurer of district; taxes to constitute perpetuallien; lien to be on parity with general tax lien.

 

Itshall be the duty of the body having authority to levy taxes within each countyto levy the taxes provided in this act. It shall be the duty of all officialscharged with the duty of assessing property and collecting taxes to assessproperty and to collect such taxes at the time and in the form and manner withlike interest and penalties as property is assessed and other taxes arecollected and when collected to pay the same to the district ordering its levyand collection. The payment of such collections shall be made monthly to thetreasurer of the district and paid into the depository thereof to the credit ofthe district. For any district the area of which is in more than one (1)county, the officials of each county shall perform said duties for the area andproperty therein. All taxes levied under this act, together with interestthereon and penalties for default in payment thereof, and all costs ofcollecting the same, shall constitute, until paid, a perpetual lien on and againstthe property taxed, and such lien shall be on a parity with the tax lien ofother general taxes.

 

41-10-118. Sale of real and personal property for nonpayment of taxes.

 

Ifthe taxes levied are not paid, then delinquent real property shall be sold atthe regular tax sale for the payment of said taxes, interest and penalties, inthe manner provided by the statutes of the state of Wyoming for selling realproperty for the nonpayment of general taxes. If there are not bids at said taxsale for the property so offered, said property shall be struck off to thecounty, and the county shall account to the district in the same manner asprovided by law for accounting for school, town and city taxes. Delinquentpersonal property shall be distrained and sold as provided by law.

 

41-10-119. Authority of board to levy taxes and collect revenue forpurpose of creating a reserve fund.

 

Wheneverany indebtedness has been incurred by a district, it shall be lawful for theboard to levy taxes and collect revenue for the purpose of creating a reservefund in such amount as the board may determine, which may be used to meet theobligations of the district, for maintenance and operating charges anddepreciation, and provide extension of and betterments to the improvements ofthe district.

 

41-10-120. Change in boundaries of districts; generally.

 

(a) The boundary of any district organized under the provisionsof this act may be changed in the manner prescribed in the Special DistrictElections Act of 1994, but the change of boundaries of the district shall notimpair nor affect its organization, nor shall it affect, impair or dischargeany contract, obligation, lien or charge on which it might be liable orchargeable had such change of boundaries not been made.

 

(b) Property included within or annexed to a district shall besubject to the payment of taxes and charges, as provided in the SpecialDistrict Elections Act of 1994. Real property excluded from a district shallthereafter be subject to the levy of taxes for the payment of its proportionateshare of any indebtedness of the district outstanding at the time of suchexclusion. Personal property may be excluded from a district on such terms andconditions as may be prescribed by the board of the district involved.

 

41-10-121. Repealed by Laws 1998, ch. 115, 5.

 

 

41-10-122. Repealed by Laws 1998, ch. 115, 5.

 

 

41-10-123. Repealed by Laws 1998, ch. 115, 5.

 

 

41-10-124. Authority of district to borrow money; types of securitiespermitted to evidence borrowing; exemption of securities from taxation.

 

 

(a) A district may borrow money and issue the followingsecurities to evidence such borrowing:

 

(i) Short-term notes;

 

(ii) General obligation bonds and other like securities;

 

(iii) Revenue bonds and other like securities; and

 

(iv) Special assessment bonds and other like securities.

 

(b) Any such securities of a district shall be exempt fromtaxation when owned by actual residents of the state, provided, that the owneror owners thereof shall list the same annually on their assessment schedule, asfrom time to time amended and supplemented.

 

41-10-125. Borrowing money without election in anticipation ofcollection of taxes; issuance of short-term notes.

 

Adistrict, upon the affirmative vote of four (4) directors, is hereby authorizedto borrow money without an election in anticipation of the collection of taxesor other revenues and to issue short-term notes to evidence the amount soborrowed. Such short-term notes shall be payable from the fund for which themoney was borrowed; shall mature before the close of the fiscal year in which themoney is so borrowed; and shall not be extended or funded except in compliancewith section 26, "general obligation bonds" of this act.

 

41-10-126. Resolution and election prerequisite to issuance of generalobligation bonds.

 

Nobonds or other evidences of indebtedness payable in whole or in part from theproceeds of general (ad valorem) property taxes or to which the full faith andcredit of a district are pledged, shall be issued, except in pursuance of aresolution, nor until the question of their issuance shall be submitted to avote of the electors and approved by a majority of the qualified taxpayingelectors voting on the question and by a majority of other qualified electorsvoting thereon, or, if no ballots are cast in one (1) of the ballot boxes and amajority of the ballots in the other ballot box favor the issuance of the bondsor other evidences of indebtedness, approved either by a majority of thequalified taxpaying electors voting thereon or by a majority of the otherqualified electors voting thereon at an election held as provided for bondelections by the Political Subdivision Bond Election Law, W.S. 22-21-101through 22-21-112.

 

41-10-127. Maximum aggregate amount of bonds or other evidences ofindebtedness.

 

Theaggregate amount of bonds or other evidences of indebtedness shall not exceedsix percent (6%) of the assessed value of the taxable property within thedistrict as shown by the last preceding general assessment; provided, however,that in determining the amount of indebtedness, there shall not be includedwithin the computation, bonds or other evidences of indebtedness outstanding orauthorized to be issued for supplying water to the district, short-term notes,special assessment securities, or securities payable solely from the netrevenues of an income-producing system or other project.

 

41-10-128. Borrowing money and issuing bonds for purpose of acquiringor improving water or sewer system or other income-producing project.

 

Adistrict in pursuance of a resolution may borrow money, issue bonds, orotherwise extend its credit for the purpose of acquiring or improving a wateror sewer system, or other income-producing project; provided that the bonds orother obligations shall be made payable solely out of the net revenues derivedfrom the operation of the system or other such project; and the systems andprojects may be combined, operated and maintained as joint systems or projects,in which case the bonds or other obligations shall be made payable solely outof the net revenues derived from the operation of the joint systems orprojects. No revenue bonds or other like securities shall be issued unless theissuance thereof has been submitted to a vote of the electors and approved by amajority of the qualified taxpaying electors voting on the question and by amajority of other qualified electors voting thereon, or, if no ballots are castin one (1) of the ballot boxes and a majority of the ballots in the otherballot box favor the issuance of such bonds or other like securities, approvedeither by a majority of the qualified taxpaying electors voting thereon or by amajority of the other qualified electors voting thereon, as the case may be, atan election held as provided for bond elections by the Political SubdivisionBond Election Law, W.S. 22-21-101 through 22-21-112.

 

41-10-129. Power to create local improvement districts vested in board.

 

Thepower to create local improvement districts in a district organized pursuant tothis act, to assess the cost of the construction of public improvements of alocal and municipal character or a part thereof against benefited propertytherein, and to issue special assessment bonds is vested in the board, and thedistricts shall be created, local improvements acquired, special assessmentslevied and collected and special assessment bonds issued, as provided in W.S.15-6-101 through 15-6-448, except as herein otherwise provided.

 

41-10-130. Submission of question of creating indebtedness to votersupon determination by resolution that interest of district and public interestor necessity demand the acquisition or improvement of projects, making ofcontracts.

 

Wheneverany board shall determine, by resolution, that the interest of said districtand the public interest or necessity demand the acquisition or improvement ofany project, or the making of any contract with the United States or otherpersons, to carry out the objects or purposes of said district, requiring thecreation of an indebtedness or the issuance of securities herein required to beauthorized by the electors of the district, said board shall order thesubmission of the proposition of creating such indebtedness or securities tothe qualified electors of the district at an election. Any such election shallbe held as provided for bond elections by the Political Subdivision BondElection Law, W.S. 22-21-101 through 22-21-112 and may be held separately ormay be consolidated or held concurrently with any other election authorized bythis act. The declaration of public interest or necessity required and theprovision for the holding of the election may be included within one (1) andthe same resolution, which resolution, in addition to the declaration of publicinterest or necessity, shall recite the objects and purposes for which theindebtedness is proposed to be incurred or the bonds are proposed to be issued,the estimated cost of the project, the amount of principal of the indebtednessto be incurred or of the bonds to be issued therefor, and the maximum rate ofinterest to be paid on the indebtedness or bonds. The resolution shall alsorecite the date upon which the election shall be held and the manner of holdingthe same and the method of voting for or against the incurring of the proposedindebtedness or bonds. The board shall direct the publication of the notice ofelection, the first publication of said notice to be not less than twenty (20)days prior to the election.

 

41-10-131. Principal and interest to be paid solely from net revenues;pledging surplus and unpledged revenues as additional security; bonds notissued payable from revenues or special assessments to be general obligationsof district.

 

Theprincipal of and interest on revenue bonds herein authorized to be issued, andany prior redemption premium or premiums, shall be payable solely from the netrevenues derived from the operation of the project for the acquisition orimprovement of which the bonds are issued, including, without limiting thegenerality of the foregoing, revenues of a prior existing project which isimproved by the expenditure of the bond proceeds, and revenues of improvementstheretofore or thereafter acquired to such project which are not acquired bythe expenditure of such bond proceeds; and the principal of and interest onspecial assessment bonds herein authorized to be issued, and any priorredemption premium or premiums, shall be payable solely out of moneys collectedon account of the assessments, principal, interest and any penalties, leviedfor the project for the acquisition or improvement of which the bonds areissued; provided, however, that the payment of such special assessment bondsmay at the board's option be additionally secured as herein provided. The boardmay ascertain and determine in a resolution authorizing the issuance of thebonds that the district has, or will have during the term of the bonds, or hasand so will have, designated surplus and unpledged revenues derived from the operationof any income-producing project, or special assessments or excise tax or taxeswhich the district is herein authorized to levy, fix or charge, or from anycombination thereof, and the board in said resolution may pledge all or aportion of such surplus and unpledged revenues as additional security for suchpayment of said bonds, and at its option may deposit such revenues in a fundcreated to pay the bonds or created to secure additionally their payment. Anysuch revenue pledged directly or as additional security for the payment ofbonds of any one issue or series which revenues are not exclusively pledgedtherefor, may subsequently be pledged directly or as additional security forthe payment of the bonds of one or more issues or series subsequentlyauthorized. All bonds of the same issue or series shall, subject to the priorand superior rights of outstanding bonds, claims and other obligations, have aprior, paramount and superior lien on the revenues pledged for the payment ofthe bonds over and ahead of any other claims or obligations thereagainstsubsequently incurred; provided, however, the resolution authorizing theissuance of any bonds may provide for the subsequent authorization of bonds orother obligations the lien for the payment of which on such revenues is on aparity with the lien thereon of the bonds therein authorized upon suchconditions and subject to such limitations as said resolution may provide. Allbonds not issued payable solely from such revenues or special assessments (withor without such additional security) shall be the general obligations of thedistrict, and the full faith and credit of the district shall be pledged forthe payment thereof. All bonds of the same issue or series shall be equally andratably secured without priority by reason of number, date of maturity, date ofbonds, of sale, of execution, or of delivery, by a lien on said revenues inaccordance with the provisions of this act and the resolution authorizing saidbonds, except to the extent such resolution shall otherwise specificallyprovide.

 

41-10-132. Bonds not to be debt of district; exception as to generalobligation bonds; bonds to recite that principal and interest payable solelyfrom revenues.

 

Exceptfor general obligation bonds, bonds issued pursuant to this act shall not be adebt of the district, and the district shall not be liable thereon, nor shallit thereby pledge its full faith and credit for their payments, nor shall thebonds be payable out of any funds other than the revenues, special assessments,or other moneys pledged to the payment thereof. Each such bond issued underthis act shall recite in substance that said bond and the interest thereon arepayable solely from the revenues, special assessments or other moneys pledgedto the payment thereof. The payment of bonds shall not be secured by anencumbrance, mortgage or other pledge of property of the district, except forrevenues, income, tax proceeds and other moneys pledged for the payment ofbonds. No property of the district, subject to said exceptions, shall be liableto be forfeited or taken in payment of the bonds.

 

41-10-133. Resolution may provide that bonds shall recite that they areissued under authority of act; effect of recital.

 

Itmay be provided in any resolution authorizing any bonds hereunder that suchbond shall recite that it is issued under authority of this act. Such recitalshall conclusively impart full compliance with all of the provisions of thisact, and all bonds issued containing such recital shall be incontestable forany cause whatsoever after their delivery for value.

 

41-10-134. Date of bonds; maturity; payment and rate of interest; whenand where payable; privileges for registration; prerequisite to reissuance uponloss.

 

Generalobligation bonds, revenue bonds or special assessment bonds herein authorizedto be issued shall bear a date or dates, shall mature in a denomination ordenominations at the time or times not exceeding the estimated life of theimprovements acquired with the bond proceeds and in no event not more thanthirty (30) years from their date, shall bear interest payable annually, or ata lesser interval or intervals as may be prescribed by resolution, shall bepayable in a medium of payment at the place or places within or without thestate of Wyoming, and at the option of the board may be in one (1) or moreseries, may be made subject to prior redemption in advance of maturity at thetime or times without or with the payment of the premium or premiums notexceeding five percent (5%) of the principal amount of the bond so redeemed,may provide for the payment of interest thereon from the proceeds thereof for aperiod not to exceed three (3) years from the date thereof, may be issued withprivileges for registration for payment as to principal or interest, or both,and generally shall be issued in a manner, in a form, with recitals, terms,covenants and conditions, and with other details as may be provided by theboard in the resolution or resolutions authorizing the bonds, except as hereinotherwise provided. Pending preparations of the definite bonds, interimreceipts or certificates in a form and with such provisions as the boarddetermines may be issued. Except for payment provisions herein specificallyprovided, the bonds, interest coupons thereto attached, and interim receipts orcertificates shall be fully negotiable within the meaning of and for all thepurposes of the Uniform Commercial Code - Investment Securities. If lost orcompletely destroyed, a bond may be reissued in the form and tenor of the lostor destroyed bond upon the owner furnishing, to the satisfaction of thegoverning body, (a) proof of ownership, (b) proof of loss or