35-3-101. Procedure for proposing establishment of sanitary andimprovement districts.
(a) Repealed by Laws 1998, ch. 115, 5.
(b) Repealed by Laws 1998, ch. 115, 5.
(c) Repealed by Laws 1998, ch. 115, 5.
(d) Repealed by Laws 1998, ch. 115, 5.
(e) Repealed by Laws 1998, ch. 115, 5.
(f) Repealed by Laws 1998, ch. 115, 5.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) A special sanitary and improvement district may beestablished under the procedures for petitioning, hearing and election ofspecial districts as set forth in the Special District Elections Act of 1994.
35-3-102. Contents of petition; lands not to be included.
Thepetition for the establishment of said district shall contain a definitedescription of the territory intended to be embraced in such district accordingto government survey and the name of the proposed district. No lands includedwithin any municipal corporation shall be included in any sanitary andimprovement district, and no tract of twenty (20) acres or more which isoutside any municipal corporation and is used primarily for industrial purposesshall be included in any sanitary and improvement district organized under thisact without the written consent of the owner of such tract.
35-3-103. Election of trustees at organization; term; salary;corporate powers.
Atthe election for the organization of the district, there shall be elected two(2) trustees for a term of two (2) years and three (3) trustees for a term offour (4) years. Thereafter their respective successors shall be elected for aterm of four (4) years and until their successors are elected pursuant to theSpecial District Elections Act of 1994. At the first meeting after election ofone (1) or more members, the board shall elect one (1) of their numberpresident. Such district shall be a body corporate and politic by name of"Sanitary and Improvement District of ....", with power to sue, besued, contract, acquire, and hold property, and adopt a common seal. Thetrustees shall each receive as his salary the sum of three dollars ($3.00) foreach meeting.
35-3-104. Bond of trustees.
Eachtrustee of any such district shall, prior to entering upon his office, executeand file with the county clerk of the county in which said district, or thegreater portion of the area thereof, is located his bond, with one (1) or moresureties, to be approved by the county clerk, running to the state of Wyoming inthe penal sum of five thousand dollars ($5,000.00), conditioned for thefaithful performance by said trustee of his official duties and the faithfulaccounting by him for all funds and property of the district that shall comeinto his possession or control during his term of office. The premium, if any,on any such bond shall be paid out of the funds of the district. Suit may bebrought on said bonds by any person, firm or corporation that has sustainedloss or damage in consequence of the breach thereof.
35-3-105. Election and compensation of clerk; employment of engineer;ordinances, rules and regulations; publication of proceedings.
Theboard of trustees shall elect one (1) of their members clerk and have the powerto appoint, employ and pay an engineer, who shall be removable at pleasure. Theclerk may be paid not to exceed five hundred dollars ($500.00) per year by saidboard. The board shall have power to pass all necessary ordinances, orders,rules and regulations for the necessary conduct of its business and to carryinto effect the objects for which such sanitary and improvement district isformed. Immediately after each regular and special meeting of said board, itshall cause to be published in one (1) newspaper of general circulation in thedistrict, a brief statement of its proceedings, including an itemized list ofbills and claims allowed, specifying the amount of each, to whom paid and forwhat purpose; provided, no publication shall be required unless the same can bedone at an expense not exceeding one-third of the rate for publication of legalnotices.
35-3-106. Power of trustees to establish water mains, sewers anddisposal plants; approval by state department of health.
Theboard of trustees of any district organized under this act shall have power toprovide for establishing, maintaining and constructing water mains, sewers anddisposal plants, and disposing of drainage, waste and sewage of such districtin a satisfactory manner. Any system established shall be approved by the Wyomingstate department of health. The district may construct its sewage disposalplant and other sewerage improvements, in whole or in part, inside or outsidethe boundaries of the district and may contract with corporations ormunicipalities for disposal of sewage and use of existing sewerageimprovements.
35-3-107. Contracts.
All contracts for work to be done, theexpense of which is more than five hundred dollars ($500.00), may employalternate design and construction delivery methods as defined in W.S. 16-6-701and shall be let to the lowest responsible bidder, upon notice of not less thantwenty (20) days of the terms and conditions of the contract to be let. Theboard of trustees shall have power to reject any and all responses or bids andreadvertise for the letting of such work.
35-3-108. Administration of finances.
Theboard of trustees of sanitary and improvement districts shall administer thefinances of such districts according to provisions of the Wyoming MunicipalBudget Act.
35-3-109. Annual tax levy authorized; certification and collection;treasurer designated.
Theboard of trustees may annually levy and collect taxes for corporate purposesupon property within the limits of such sanitary and improvement district, tothe amount of not more than one (1) mill on the dollar of the actual valuationfor general purposes and file the resolution in the office of the county clerkwho shall record the same in the county where the district lies. The boardshall also certify the same to the county assessor of the counties in which thedistrict is located, who shall extend the same upon the county tax list. Thesame shall be collected by the county treasurer in the same manner as state andcounty taxes. The county treasurer of the county in which the greater portionof the area of the district is located shall disburse the same on warrants ofthe board of trustees, and in respect to such fund the county treasurer shallbe ex officio treasurer of the sanitary and improvement district.
35-3-110. Eminent domain; power conferred.
Suchsanitary and improvement district may acquire by purchase, condemnation orotherwise, real or personal property, right-of-way, and privilege, within orwithout its corporate limits, necessary for its corporate purposes.
35-3-111. Eminent domain; manner of exercise; ascertaining damage toproperty.
Wheneverthe board of trustees of any sanitary and improvement district shall by orderdetermine to make any public improvement under the provisions of this act whichshall require that private property be taken or damaged, the district may causethe damage therefor to be ascertained as nearly as may be according to theprovisions of law for the appropriation of right-of-way by railway companies.
35-3-112. Right-of-way over public lands.
Wheneverit is necessary, in making any improvement under the provisions of this act, toenter upon or cross any state or public lands, the district may acquire aright-of-way over the lands subject to any rules, regulations or requirementsas may be necessary and by paying fair market value for the right-of-way asdetermined by the board of land commissioners subject to appeal to districtcourt as to the determination of fair market value.
35-3-113. Annual oversight of accounts; information to be shown;powers and duties of director.
(a) The director of the state department of audit shall causethere to be oversight of the books of account, kept by the board of trustees ofeach sanitary and improvement district in the state of Wyoming, in accordancewith W.S. 9-1-507 or 16-4-121(f), as applicable.
(i) Repealed by Laws 1995, ch. 199, 2.
(ii) Repealed by Laws 1995, ch. 199, 2.
(iii) Repealed by Laws 1995, ch. 199, 2.
(iv) Repealed by Laws 1995, ch. 199, 2.
(v) Repealed by Laws 1995, ch. 199, 2.
(vi) Repealed by Laws 1995, ch. 199, 2.
(vii) Repealed by Laws 1995, ch. 199, 2.
(viii) Repealed by Laws 1995, ch. 199, 2.
(ix) Repealed by Laws 1995, ch. 199, 2.
(x) Repealed by Laws 1995, ch. 199, 2.
(xi) Repealed by Laws 1995, ch. 199, 2.
(b) All reports under subsection (a) of this section shall beand remain a part of the public records in the office of the director of thestate department of audit. The expense of such oversight shall be paid out ofthe funds of the district. The director of the state department of audit or hisdesignee shall be given access to all books and papers, contracts, minutes,bonds and other documents and memoranda of every kind and character of suchdistrict and be furnished all additional information possessed by any presentor past officer or employee of any such district, or by any other person, thatis essential to the making of a comprehensive and correct report.
35-3-114. Annexation by city or village.
Ifthe district, or any part of it, is annexed by any city or village, such cityor village shall assume and pay the bonds and other obligations outstanding atthe time of annexation.
35-3-115. Bonds; general requirements as to issuance; tax levy.
Thedistrict may borrow money for corporate purposes and issue its generalobligation bonds therefor, but the principal amount of the general obligationbond shall not exceed ten percent (10%) of the assessed valuation of thetaxable property in the district and the district shall cause to be levied andcollected annually a tax by valuation on all the taxable property in thedistrict, except intangible property, sufficient to pay the interest andprincipal of the bonds as the interest and principal become due and payable. Inlieu of the issuance of general obligation bonds, the district may issue itsrevenue bonds to pay all or part of the cost of the improvements and pledge andhypothecate the revenues and earnings of its sewer system for the payment ofthe revenue bonds, and enter into a contract with reference thereto as may benecessary or proper. The district may pay part of the cost of the improvementsby the issuance of general obligation bonds and part by the issuance of revenuebonds. The procedure for the issuance of the bonds shall be that prescribed bythis act. The limit on the amount of the bonds shall not apply to revenue bondspayable solely from the revenues and earnings of the district.
35-3-116. Bonds; judicial examination and approval; prerequisite tosale.
Theboard of trustees of a sanitary and improvement district organized under theprovisions of this act, shall, before issuing and before selling any bonds ofsuch district, commence special proceedings, in and by which the proceedings ofthe board and of the district providing for and authorizing the issue and saleof the bonds of the district shall be judicially examined, approved andconfirmed, or disapproved and disaffirmed.
35-3-117. Bonds; judicial examination and approval; petition.
Theboard of trustees of the district or such holder or holders of any bond orbonds of the district shall file in the district court of the county in whichthe lands of the district, or the greater portion thereof, are situated, apetition praying in effect that the proceedings aforesaid may be examined,approved, and confirmed by the court. The petition shall state the factsshowing the proceedings had for the issuance and sale of the bonds and shallstate generally that the sanitary and improvement district was duly organized,and that the first board of trustees was duly elected. The petition need notstate the facts showing such organization of the district or the election ofthe first board of trustees.
35-3-118. Bonds; judicial examination and approval; notice andhearing.
Thecourt shall fix the time for the hearing of the petition, and shall order theclerk of the court to give and publish a notice of the filing of the petition.The notice shall be given as is provided in section 3. The notice shall statethe time and place fixed for the hearing of the petition and prayer of thepetition, and that any person interested in the organization of the district,or in the proceedings for the issuance or sale of the bonds may, on or beforethe day fixed for the hearing of the petition, move to dismiss the petition oranswer thereto. The petition may be referred to and described in the notice asthe petition of .... (giving its name), praying that the proceedings for theissuance and sale of such bonds of such district may be examined, approved andconfirmed by the court.
35-3-119. Bonds; judicial examination and approval; objections topetition; pleading and practice.
Anyperson interested in the district, or in the issuance or sale of the bonds, maymove to dismiss the petition or answer thereto. The provisions of the Code ofCivil Procedure respecting motions and answer to a petition shall be applicableto motions and answer to the petition in such special proceedings. The personsso filing motion and answering the petition shall be the defendants in thespecial proceedings, and the board of trustees shall be the plaintiff. Everymaterial statement of the petition not specially controverted by the answermust, for the purpose of such special proceedings, be taken as true. Eachperson failing to answer the petition shall be deemed to admit as true all thematerial statements of the petition. The rules of pleading and practiceprovided by the Code of Civil Procedure which are not inconsistent with theprovisions of this act are applicable to the special proceedings hereinprovided for.
35-3-120. Bonds; judicial examination and approval; powers of court;confirmation or disapproval of issue; cost; history of proceedings; endorsementand registration.
Uponthe hearing of such special proceedings, the court shall have power andjurisdiction to examine and determine the legality and validity of, and approveand confirm or disapprove and disaffirm each and all of the proceedings for theorganization of such district under the provisions of this act, from andincluding the petition for the organization of the district, and all otherproceedings which may affect the legality or validity of the bonds and theorder of sale and the sale thereof. The court in inquiring into the regularity,legality or correctness of such proceedings, must disregard an error,irregularity or omission which does not affect the substantial rights of theparties to such special proceedings. It may approve and confirm such proceedingsin part and disapprove and declare illegal or invalid other and subsequentparts of the proceedings. The court shall find and determine whether the noticeof the filing of the petition has been duly given and published for the timeand in the manner prescribed in W.S. 35-3-118. The costs of the specialproceedings may be allowed and apportioned between the parties in thediscretion of the court. If the court shall determine the proceedings for theorganization of the district and for the voting and issuing of the bonds legaland valid, the board of trustees shall then prepare a written statementbeginning with the filing of the petition for the organization of the district,including all subsequent proceedings for the organization of the district and votingand issuing of the bonds, and ending with the decree of the court finding theproceedings for the organization of the district and the proceedings for thevoting and issuing of the bonds legal and valid, and shall present such writtenstatement and the bonds to the director of the state department of audit. Thewritten statement shall be certified under oath by the board of trustees of thedistrict, and the director shall then examine the statements and the bonds sosubmitted to him and if he is satisfied that the bonds have been voted inconformity to law and are in all respects in due form, he shall record thestatement and register the bonds in his office. No such bonds shall be issuedor be valid unless they shall be so registered and have endorsed thereon acertificate of the examiner showing that such bonds are issued pursuant to law,the data filed in the office of the director being the basis of suchcertificate.
35-3-121. Bonds; objections to issuance; submission of question tovoters; issuance upon favorable vote; rate of interest.
Ifthe electors of the district, equal in number to forty percent (40%) of theelectors of the district voting at the last general state election, filewritten objections to the proposed issuance of the bonds with the clerk of theboard of trustees within twenty (20) days after the first publication ofnotice, the board of trustees shall submit the proposition of issuing the bondsto the electors of the district at an election on a date as determined by theboard of county commissioners and authorized under W.S. 22-21-103, notice ofwhich shall be given by publication in a legal newspaper published or ofgeneral circulation in the district three (3) consecutive weeks. If a majorityof the qualified electors of the district, voting upon the proposition, vote infavor of issuing bonds, the board of trustees may issue and sell bonds and, ifrevenue bonds are issued, pledge for the payment of same the revenues andearnings of the improvements as proposed in the notice, and enter intocontracts in connection therewith as may be necessary or proper. The bondsshall draw interest from and after the date of the issuance thereof, at a ratedetermined by the board. In the event the electors fail to approve theproposition by majority vote, the proposition shall not be again submitted tothe electors for their consideration until five (5) months have elapsed fromthe date of the election.
35-3-122. Rules and regulations of trustees; determination andcollection of service charges; discontinuance of service.
Theboard of trustees may make all necessary rules and regulations governing theuse, operation, and control thereof. The board may establish an initialconnection charge to be paid by any person, firm or corporation connecting tothe system at the time of connection and establish just and equitable rates orcharges to be paid to it for connections and the use of the water mains,disposal plant and sewerage system by each person, firm or corporation whosepremises are served thereby. If the service charge so established is not paidwhen due, such sum may be recovered by the district in an action for therecovery of money or it may be certified to the county assessor and assessedagainst the premises served, and collected or returned in the same manner asother district taxes are certified, assessed, collected and returned. Thedistrict through its board of trustees, may make contracts or agreementswhereby a person or corporation, public or private, furnishing water to the inhabitantsof the district, shall turn off and refuse to sell water to any such water userwho is delinquent in the payment of any sewer rental or service charges overforty-five (45) days. Notice of such discontinuance of water service to suchperson or corporation and water user shall be given by registered mail.
35-3-123. Required connections with sewer.
Whenevera sewer system has been established, all dwellings in the district shallconnect therewith and all septic tanks shall be dispensed with. The board oftrustees shall have the authority to institute court proceedings in a court ofcompetent jurisdiction to carry out the provisions of this section.
35-3-124. Preparation of plans and specifications for improvement;estimate of cost; notice required before adoption; information to be shown innotice.
(a) The board of trustees of such district shall first causeplans and specifications for said improvements and an estimate of the costthereof to be made by a special engineer employed for that purpose. Such plans,specifications and estimate of cost, after being approved and adopted by theboard of trustees, shall be filed with the county clerk and be open to publicinspection.
(b) The board of trustees shall then, by resolution entered inthe minutes of their proceedings, direct that public notice be given in regardthereto. This notice shall state:
(i) The general nature of the improvements proposed to be made;
(ii) That the plans, specifications and estimate thereof are onfile in the office of the county clerk and are open to public inspection;
(iii) The estimated cost thereof;
(iv) That it has proposed to pay for the same by:
(A) Direct obligation bonds payable from unlimited ad valoremtaxes on all the property located in the district in which the bonds areissued;
(B) Revenue bonds payable from service charges from present andfuture residents of the district; or
(C) A combination of the two (2) methods.
(v) The principal amount of said bonds which it proposes toissue;
(vi) The maximum rate of interest which the bonds will bear andthat they shall mature in not to exceed forty (40) years from the date ofissuance thereof;
(vii) That in the event revenue bonds are issued, the payment ofsaid bonds will be a lien upon and will be secured by a pledge of the revenuesand earnings from the improvements;
(viii) The kind of improvements whose revenues and earnings are tobe so pledged;
(ix) That any qualified elector of the district may file writtenobjections to the issuance of said bonds with the clerk of the board oftrustees of the district within twenty (20) days after the first publication ofsaid notice;
(x) That if such objections are filed within said time byqualified electors of the district, equal in number to forty percent (40%) ofthe electors of the district who voted at the last general state election, thebonds will not be issued unless the issuance of such bonds is otherwiseauthorized in accordance with law; and
(xi) That if such objections are not so filed by such percentageof such electors, the board of trustees of the district proposes to pass aresolution authorizing the sale of said bonds and making such contracts withreference thereto as may be necessary or proper.
(c) Such notice shall be signed by the clerk of the board oftrustees and be published three (3) consecutive weeks in a legal newspaperpublished or of general circulation in the district.
35-3-101. Procedure for proposing establishment of sanitary andimprovement districts.
(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) A special sanitary and improvement district may beestablished under the procedures for petitioning, hearing and election ofspecial districts as set forth in the Special District Elections Act of 1994.
35-3-102. Contents of petition; lands not to be included.
Thepetition for the establishment of said district shall contain a definitedescription of the territory intended to be embraced in such district accordingto government survey and the name of the proposed district. No lands includedwithin any municipal corporation shall be included in any sanitary andimprovement district, and no tract of twenty (20) acres or more which isoutside any municipal corporation and is used primarily for industrial purposesshall be included in any sanitary and improvement district organized under thisact without the written consent of the owner of such tract.
35-3-103. Election of trustees at organization; term; salary;corporate powers.
Atthe election for the organization of the district, there shall be elected two(2) trustees for a term of two (2) years and three (3) trustees for a term offour (4) years. Thereafter their respective successors shall be elected for aterm of four (4) years and until their successors are elected pursuant to theSpecial District Elections Act of 1994. At the first meeting after election ofone (1) or more members, the board shall elect one (1) of their numberpresident. Such district shall be a body corporate and politic by name of"Sanitary and Improvement District of ....", with power to sue, besued, contract, acquire, and hold property, and adopt a common seal. Thetrustees shall each receive as his salary the sum of three dollars ($3.00) foreach meeting.
35-3-104. Bond of trustees.
Eachtrustee of any such district shall, prior to entering upon his office, executeand file with the county clerk of the county in which said district, or thegreater portion of the area thereof, is located his bond, with one (1) or moresureties, to be approved by the county clerk, running to the state of Wyoming inthe penal sum of five thousand dollars ($5,000.00), conditioned for thefaithful performance by said trustee of his official duties and the faithfulaccounting by him for all funds and property of the district that shall comeinto his possession or control during his term of office. The premium, if any,on any such bond shall be paid out of the funds of the district. Suit may bebrought on said bonds by any person, firm or corporation that has sustainedloss or damage in consequence of the breach thereof.
35-3-105. Election and compensation of clerk; employment of engineer;ordinances, rules and regulations; publication of proceedings.
Theboard of trustees shall elect one (1) of their members clerk and have the powerto appoint, employ and pay an engineer, who shall be removable at pleasure. Theclerk may be paid not to exceed five hundred dollars ($500.00) per year by saidboard. The board shall have power to pass all necessary ordinances, orders,rules and regulations for the necessary conduct of its business and to carryinto effect the objects for which such sanitary and improvement district isformed. Immediately after each regular and special meeting of said board, itshall cause to be published in one (1) newspaper of general circulation in thedistrict, a brief statement of its proceedings, including an itemized list ofbills and claims allowed, specifying the amount of each, to whom paid and forwhat purpose; provided, no publication shall be required unless the same can bedone at an expense not exceeding one-third of the rate for publication of legalnotices.
35-3-106. Power of trustees to establish water mains, sewers anddisposal plants; approval by state department of health.
Theboard of trustees of any district organized under this act shall have power toprovide for establishing, maintaining and constructing water mains, sewers anddisposal plants, and disposing of drainage, waste and sewage of such districtin a satisfactory manner. Any system established shall be approved by the Wyomingstate department of health. The district may construct its sewage disposalplant and other sewerage improvements, in whole or in part, inside or outsidethe boundaries of the district and may contract with corporations ormunicipalities for disposal of sewage and use of existing sewerageimprovements.
35-3-107. Contracts.
All contracts for work to be done, theexpense of which is more than five hundred dollars ($500.00), may employalternate design and construction delivery methods as defined in W.S. 16-6-701and shall be let to the lowest responsible bidder, upon notice of not less thantwenty (20) days of the terms and conditions of the contract to be let. Theboard of trustees shall have power to reject any and all responses or bids andreadvertise for the letting of such work.
35-3-108. Administration of finances.
Theboard of trustees of sanitary and improvement districts shall administer thefinances of such districts according to provisions of the Wyoming MunicipalBudget Act.
35-3-109. Annual tax levy authorized; certification and collection;treasurer designated.
Theboard of trustees may annually levy and collect taxes for corporate purposesupon property within the limits of such sanitary and improvement district, tothe amount of not more than one (1) mill on the dollar of the actual valuationfor general purposes and file the resolution in the office of the county clerkwho shall record the same in the county where the district lies. The boardshall also certify the same to the county assessor of the counties in which thedistrict is located, who shall extend the same upon the county tax list. Thesame shall be collected by the county treasurer in the same manner as state andcounty taxes. The county treasurer of the county in which the greater portionof the area of the district is located shall disburse the same on warrants ofthe board of trustees, and in respect to such fund the county treasurer shallbe ex officio treasurer of the sanitary and improvement district.
35-3-110. Eminent domain; power conferred.
Suchsanitary and improvement district may acquire by purchase, condemnation orotherwise, real or personal property, right-of-way, and privilege, within orwithout its corporate limits, necessary for its corporate purposes.
35-3-111. Eminent domain; manner of exercise; ascertaining damage toproperty.
Wheneverthe board of trustees of any sanitary and improvement district shall by orderdetermine to make any public improvement under the provisions of this act whichshall require that private property be taken or damaged, the district may causethe damage therefor to be ascertained as nearly as may be according to theprovisions of law for the appropriation of right-of-way by railway companies.
35-3-112. Right-of-way over public lands.
Wheneverit is necessary, in making any improvement under the provisions of this act, toenter upon or cross any state or public lands, the district may acquire aright-of-way over the lands subject to any rules, regulations or requirementsas may be necessary and by paying fair market value for the right-of-way asdetermined by the board of land commissioners subject to appeal to districtcourt as to the determination of fair market value.
35-3-113. Annual oversight of accounts; information to be shown;powers and duties of director.
(a) The director of the state department of audit shall causethere to be oversight of the books of account, kept by the board of trustees ofeach sanitary and improvement district in the state of Wyoming, in accordancewith W.S. 9-1-507 or 16-4-121(f), as applicable.
(i) Repealed by Laws 1995, ch. 199, 2.
(ii) Repealed by Laws 1995, ch. 199, 2.
(iii) Repealed by Laws 1995, ch. 199, 2.
(iv) Repealed by Laws 1995, ch. 199, 2.
(v) Repealed by Laws 1995, ch. 199, 2.
(vi) Repealed by Laws 1995, ch. 199, 2.
(vii) Repealed by Laws 1995, ch. 199, 2.
(viii) Repealed by Laws 1995, ch. 199, 2.
(ix) Repealed by Laws 1995, ch. 199, 2.
(x) Repealed by Laws 1995, ch. 199, 2.
(xi) Repealed by Laws 1995, ch. 199, 2.
(b) All reports under subsection (a) of this section shall beand remain a part of the public records in the office of the director of thestate department of audit. The expense of such oversight shall be paid out ofthe funds of the district. The director of the state department of audit or hisdesignee shall be given access to all books and papers, contracts, minutes,bonds and other documents and memoranda of every kind and character of suchdistrict and be furnished all additional information possessed by any presentor past officer or employee of any such district, or by any other person, thatis essential to the making of a comprehensive and correct report.
35-3-114. Annexation by city or village.
Ifthe district, or any part of it, is annexed by any city or village, such cityor village shall assume and pay the bonds and other obligations outstanding atthe time of annexation.
35-3-115. Bonds; general requirements as to issuance; tax levy.
Thedistrict may borrow money for corporate purposes and issue its generalobligation bonds therefor, but the principal amount of the general obligationbond shall not exceed ten percent (10%) of the assessed valuation of thetaxable property in the district and the district shall cause to be levied andcollected annually a tax by valuation on all the taxable property in thedistrict, except intangible property, sufficient to pay the interest andprincipal of the bonds as the interest and principal become due and payable. Inlieu of the issuance of general obligation bonds, the district may issue itsrevenue bonds to pay all or part of the cost of the improvements and pledge andhypothecate the revenues and earnings of its sewer system for the payment ofthe revenue bonds, and enter into a contract with reference thereto as may benecessary or proper. The district may pay part of the cost of the improvementsby the issuance of general obligation bonds and part by the issuance of revenuebonds. The procedure for the issuance of the bonds shall be that prescribed bythis act. The limit on the amount of the bonds shall not apply to revenue bondspayable solely from the revenues and earnings of the district.
35-3-116. Bonds; judicial examination and approval; prerequisite tosale.
Theboard of trustees of a sanitary and improvement district organized under theprovisions of this act, shall, before issuing and before selling any bonds ofsuch district, commence special proceedings, in and by which the proceedings ofthe board and of the district providing for and authorizing the issue and saleof the bonds of the district shall be judicially examined, approved andconfirmed, or disapproved and disaffirmed.
35-3-117. Bonds; judicial examination and approval; petition.
Theboard of trustees of the district or such holder or holders of any bond orbonds of the district shall file in the district court of the county in whichthe lands of the district, or the greater portion thereof, are situated, apetition praying in effect that the proceedings aforesaid may be examined,approved, and confirmed by the court. The petition shall state the factsshowing the proceedings had for the issuance and sale of the bonds and shallstate generally that the sanitary and improvement district was duly organized,and that the first board of trustees was duly elected. The petition need notstate the facts showing such organization of the district or the election ofthe first board of trustees.
35-3-118. Bonds; judicial examination and approval; notice andhearing.
Thecourt shall fix the time for the hearing of the petition, and shall order theclerk of the court to give and publish a notice of the filing of the petition.The notice shall be given as is provided in section 3. The notice shall statethe time and place fixed for the hearing of the petition and prayer of thepetition, and that any person interested in the organization of the district,or in the proceedings for the issuance or sale of the bonds may, on or beforethe day fixed for the hearing of the petition, move to dismiss the petition oranswer thereto. The petition may be referred to and described in the notice asthe petition of .... (giving its name), praying that the proceedings for theissuance and sale of such bonds of such district may be examined, approved andconfirmed by the court.
35-3-119. Bonds; judicial examination and approval; objections topetition; pleading and practice.
Anyperson interested in the district, or in the issuance or sale of the bonds, maymove to dismiss the petition or answer thereto. The provisions of the Code ofCivil Procedure respecting motions and answer to a petition shall be applicableto motions and answer to the petition in such special proceedings. The personsso filing motion and answering the petition shall be the defendants in thespecial proceedings, and the board of trustees shall be the plaintiff. Everymaterial statement of the petition not specially controverted by the answermust, for the purpose of such special proceedings, be taken as true. Eachperson failing to answer the petition shall be deemed to admit as true all thematerial statements of the petition. The rules of pleading and practiceprovided by the Code of Civil Procedure which are not inconsistent with theprovisions of this act are applicable to the special proceedings hereinprovided for.
35-3-120. Bonds; judicial examination and approval; powers of court;confirmation or disapproval of issue; cost; history of proceedings; endorsementand registration.
Uponthe hearing of such special proceedings, the court shall have power andjurisdiction to examine and determine the legality and validity of, and approveand confirm or disapprove and disaffirm each and all of the proceedings for theorganization of such district under the provisions of this act, from andincluding the petition for the organization of the district, and all otherproceedings which may affect the legality or validity of the bonds and theorder of sale and the sale thereof. The court in inquiring into the regularity,legality or correctness of such proceedings, must disregard an error,irregularity or omission which does not affect the substantial rights of theparties to such special proceedings. It may approve and confirm such proceedingsin part and disapprove and declare illegal or invalid other and subsequentparts of the proceedings. The court shall find and determine whether the noticeof the filing of the petition has been duly given and published for the timeand in the manner prescribed in W.S. 35-3-118. The costs of the specialproceedings may be allowed and apportioned between the parties in thediscretion of the court. If the court shall determine the proceedings for theorganization of the district and for the voting and issuing of the bonds legaland valid, the board of trustees shall then prepare a written statementbeginning with the filing of the petition for the organization of the district,including all subsequent proceedings for the organization of the district and votingand issuing of the bonds, and ending with the decree of the court finding theproceedings for the organization of the district and the proceedings for thevoting and issuing of the bonds legal and valid, and shall present such writtenstatement and the bonds to the director of the state department of audit. Thewritten statement shall be certified under oath by the board of trustees of thedistrict, and the director shall then examine the statements and the bonds sosubmitted to him and if he is satisfied that the bonds have been voted inconformity to law and are in all respects in due form, he shall record thestatement and register the bonds in his office. No such bonds shall be issuedor be valid unless they shall be so registered and have endorsed thereon acertificate of the examiner showing that such bonds are issued pursuant to law,the data filed in the office of the director being the basis of suchcertificate.
35-3-121. Bonds; objections to issuance; submission of question tovoters; issuance upon favorable vote; rate of interest.
Ifthe electors of the district, equal in number to forty percent (40%) of theelectors of the district voting at the last general state election, filewritten objections to the proposed issuance of the bonds with the clerk of theboard of trustees within twenty (20) days after the first publication ofnotice, the board of trustees shall submit the proposition of issuing the bondsto the electors of the district at an election on a date as determined by theboard of county commissioners and authorized under W.S. 22-21-103, notice ofwhich shall be given by publication in a legal newspaper published or ofgeneral circulation in the district three (3) consecutive weeks. If a majorityof the qualified electors of the district, voting upon the proposition, vote infavor of issuing bonds, the board of trustees may issue and sell bonds and, ifrevenue bonds are issued, pledge for the payment of same the revenues andearnings of the improvements as proposed in the notice, and enter intocontracts in connection therewith as may be necessary or proper. The bondsshall draw interest from and after the date of the issuance thereof, at a ratedetermined by the board. In the event the electors fail to approve theproposition by majority vote, the proposition shall not be again submitted tothe electors for their consideration until five (5) months have elapsed fromthe date of the election.
35-3-122. Rules and regulations of trustees; determination andcollection of service charges; discontinuance of service.
Theboard of trustees may make all necessary rules and regulations governing theuse, operation, and control thereof. The board may establish an initialconnection charge to be paid by any person, firm or corporation connecting tothe system at the time of connection and establish just and equitable rates orcharges to be paid to it for connections and the use of the water mains,disposal plant and sewerage system by each person, firm or corporation whosepremises are served thereby. If the service charge so established is not paidwhen due, such sum may be recovered by the district in an action for therecovery of money or it may be certified to the county assessor and assessedagainst the premises served, and collected or returned in the same manner asother district taxes are certified, assessed, collected and returned. Thedistrict through its board of trustees, may make contracts or agreementswhereby a person or corporation, public or private, furnishing water to the inhabitantsof the district, shall turn off and refuse to sell water to any such water userwho is delinquent in the payment of any sewer rental or service charges overforty-five (45) days. Notice of such discontinuance of water service to suchperson or corporation and water user shall be given by registered mail.
35-3-123. Required connections with sewer.
Whenevera sewer system has been established, all dwellings in the district shallconnect therewith and all septic tanks shall be dispensed with. The board oftrustees shall have the authority to institute court proceedings in a court ofcompetent jurisdiction to carry out the provisions of this section.
35-3-124. Preparation of plans and specifications for improvement;estimate of cost; notice required before adoption; information to be shown innotice.
(a) The board of trustees of such district shall first causeplans and specifications for said improvements and an estimate of the costthereof to be made by a special engineer employed for that purpose. Such plans,specifications and estimate of cost, after being approved and adopted by theboard of trustees, shall be filed with the county clerk and be open to publicinspection.
(b) The board of trustees shall then, by resolution entered inthe minutes of their proceedings, direct that public notice be given in regardthereto. This notice shall state:
(i) The general nature of the improvements proposed to be made;
(ii) That the plans, specifications and estimate thereof are onfile in the office of the county clerk and are open to public inspection;
(iii) The estimated cost thereof;
(iv) That it has proposed to pay for the same by:
(A) Direct obligation bonds payable from unlimited ad valoremtaxes on all the property located in the district in which the bonds areissued;
(B) Revenue bonds payable from service charges from present andfuture residents of the district; or
(C) A combination of the two (2) methods.
(v) The principal amount of said bonds which it proposes toissue;
(vi) The maximum rate of interest which the bonds will bear andthat they shall mature in not to exceed forty (40) years from the date ofissuance thereof;
(vii) That in the event revenue bonds are issued, the payment ofsaid bonds will be a lien upon and will be secured by a pledge of the revenuesand earnings from the improvements;
(viii) The kind of improvements whose revenues and earnings are tobe so pledged;
(ix) That any qualified elector of the district may file writtenobjections to the issuance of said bonds with the clerk of the board oftrustees of the district within twenty (20) days after the first publication ofsaid notice;
(x) That if such objections are filed within said time byqualified electors of the district, equal in number to forty percent (40%) ofthe electors of the district who voted at the last general state election, thebonds will not be issued unless the issuance of such bonds is otherwiseauthorized in accordance with law; and
(xi) That if such objections are not so filed by such percentageof such electors, the board of trustees of the district proposes to pass aresolution authorizing the sale of said bonds and making such contracts withreference thereto as may be necessary or proper.
(c) Such notice shall be signed by the clerk of the board oftrustees and be published three (3) consecutive weeks in a legal newspaperpublished or of general circulation in the district.
35-3-101. Procedure for proposing establishment of sanitary andimprovement districts.
(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) A special sanitary and improvement district may beestablished under the procedures for petitioning, hearing and election ofspecial districts as set forth in the Special District Elections Act of 1994.
35-3-102. Contents of petition; lands not to be included.
Thepetition for the establishment of said district shall contain a definitedescription of the territory intended to be embraced in such district accordingto government survey and the name of the proposed district. No lands includedwithin any municipal corporation shall be included in any sanitary andimprovement district, and no tract of twenty (20) acres or more which isoutside any municipal corporation and is used primarily for industrial purposesshall be included in any sanitary and improvement district organized under thisact without the written consent of the owner of such tract.
35-3-103. Election of trustees at organization; term; salary;corporate powers.
Atthe election for the organization of the district, there shall be elected two(2) trustees for a term of two (2) years and three (3) trustees for a term offour (4) years. Thereafter their respective successors shall be elected for aterm of four (4) years and until their successors are elected pursuant to theSpecial District Elections Act of 1994. At the first meeting after election ofone (1) or more members, the board shall elect one (1) of their numberpresident. Such district shall be a body corporate and politic by name of"Sanitary and Improvement District of ....", with power to sue, besued, contract, acquire, and hold property, and adopt a common seal. Thetrustees shall each receive as his salary the sum of three dollars ($3.00) foreach meeting.
35-3-104. Bond of trustees.
Eachtrustee of any such district shall, prior to entering upon his office, executeand file with the county clerk of the county in which said district, or thegreater portion of the area thereof, is located his bond, with one (1) or moresureties, to be approved by the county clerk, running to the state of Wyoming inthe penal sum of five thousand dollars ($5,000.00), conditioned for thefaithful performance by said trustee of his official duties and the faithfulaccounting by him for all funds and property of the district that shall comeinto his possession or control during his term of office. The premium, if any,on any such bond shall be paid out of the funds of the district. Suit may bebrought on said bonds by any person, firm or corporation that has sustainedloss or damage in consequence of the breach thereof.
35-3-105. Election and compensation of clerk; employment of engineer;ordinances, rules and regulations; publication of proceedings.
Theboard of trustees shall elect one (1) of their members clerk and have the powerto appoint, employ and pay an engineer, who shall be removable at pleasure. Theclerk may be paid not to exceed five hundred dollars ($500.00) per year by saidboard. The board shall have power to pass all necessary ordinances, orders,rules and regulations for the necessary conduct of its business and to carryinto effect the objects for which such sanitary and improvement district isformed. Immediately after each regular and special meeting of said board, itshall cause to be published in one (1) newspaper of general circulation in thedistrict, a brief statement of its proceedings, including an itemized list ofbills and claims allowed, specifying the amount of each, to whom paid and forwhat purpose; provided, no publication shall be required unless the same can bedone at an expense not exceeding one-third of the rate for publication of legalnotices.
35-3-106. Power of trustees to establish water mains, sewers anddisposal plants; approval by state department of health.
Theboard of trustees of any district organized under this act shall have power toprovide for establishing, maintaining and constructing water mains, sewers anddisposal plants, and disposing of drainage, waste and sewage of such districtin a satisfactory manner. Any system established shall be approved by the Wyomingstate department of health. The district may construct its sewage disposalplant and other sewerage improvements, in whole or in part, inside or outsidethe boundaries of the district and may contract with corporations ormunicipalities for disposal of sewage and use of existing sewerageimprovements.
35-3-107. Contracts.
All contracts for work to be done, theexpense of which is more than five hundred dollars ($500.00), may employalternate design and construction delivery methods as defined in W.S. 16-6-701and shall be let to the lowest responsible bidder, upon notice of not less thantwenty (20) days of the terms and conditions of the contract to be let. Theboard of trustees shall have power to reject any and all responses or bids andreadvertise for the letting of such work.
35-3-108. Administration of finances.
Theboard of trustees of sanitary and improvement districts shall administer thefinances of such districts according to provisions of the Wyoming MunicipalBudget Act.
35-3-109. Annual tax levy authorized; certification and collection;treasurer designated.
Theboard of trustees may annually levy and collect taxes for corporate purposesupon property within the limits of such sanitary and improvement district, tothe amount of not more than one (1) mill on the dollar of the actual valuationfor general purposes and file the resolution in the office of the county clerkwho shall record the same in the county where the district lies. The boardshall also certify the same to the county assessor of the counties in which thedistrict is located, who shall extend the same upon the county tax list. Thesame shall be collected by the county treasurer in the same manner as state andcounty taxes. The county treasurer of the county in which the greater portionof the area of the district is located shall disburse the same on warrants ofthe board of trustees, and in respect to such fund the county treasurer shallbe ex officio treasurer of the sanitary and improvement district.
35-3-110. Eminent domain; power conferred.
Suchsanitary and improvement district may acquire by purchase, condemnation orotherwise, real or personal property, right-of-way, and privilege, within orwithout its corporate limits, necessary for its corporate purposes.
35-3-111. Eminent domain; manner of exercise; ascertaining damage toproperty.
Wheneverthe board of trustees of any sanitary and improvement district shall by orderdetermine to make any public improvement under the provisions of this act whichshall require that private property be taken or damaged, the district may causethe damage therefor to be ascertained as nearly as may be according to theprovisions of law for the appropriation of right-of-way by railway companies.
35-3-112. Right-of-way over public lands.
Wheneverit is necessary, in making any improvement under the provisions of this act, toenter upon or cross any state or public lands, the district may acquire aright-of-way over the lands subject to any rules, regulations or requirementsas may be necessary and by paying fair market value for the right-of-way asdetermined by the board of land commissioners subject to appeal to districtcourt as to the determination of fair market value.
35-3-113. Annual oversight of accounts; information to be shown;powers and duties of director.
(a) The director of the state department of audit shall causethere to be oversight of the books of account, kept by the board of trustees ofeach sanitary and improvement district in the state of Wyoming, in accordancewith W.S. 9-1-507 or 16-4-121(f), as applicable.
(i) Repealed by Laws 1995, ch. 199, 2.
(ii) Repealed by Laws 1995, ch. 199, 2.
(iii) Repealed by Laws 1995, ch. 199, 2.
(iv) Repealed by Laws 1995, ch. 199, 2.
(v) Repealed by Laws 1995, ch. 199, 2.
(vi) Repealed by Laws 1995, ch. 199, 2.
(vii) Repealed by Laws 1995, ch. 199, 2.
(viii) Repealed by Laws 1995, ch. 199, 2.
(ix) Repealed by Laws 1995, ch. 199, 2.
(x) Repealed by Laws 1995, ch. 199, 2.
(xi) Repealed by Laws 1995, ch. 199, 2.
(b) All reports under subsection (a) of this section shall beand remain a part of the public records in the office of the director of thestate department of audit. The expense of such oversight shall be paid out ofthe funds of the district. The director of the state department of audit or hisdesignee shall be given access to all books and papers, contracts, minutes,bonds and other documents and memoranda of every kind and character of suchdistrict and be furnished all additional information possessed by any presentor past officer or employee of any such district, or by any other person, thatis essential to the making of a comprehensive and correct report.
35-3-114. Annexation by city or village.
Ifthe district, or any part of it, is annexed by any city or village, such cityor village shall assume and pay the bonds and other obligations outstanding atthe time of annexation.
35-3-115. Bonds; general requirements as to issuance; tax levy.
Thedistrict may borrow money for corporate purposes and issue its generalobligation bonds therefor, but the principal amount of the general obligationbond shall not exceed ten percent (10%) of the assessed valuation of thetaxable property in the district and the district shall cause to be levied andcollected annually a tax by valuation on all the taxable property in thedistrict, except intangible property, sufficient to pay the interest andprincipal of the bonds as the interest and principal become due and payable. Inlieu of the issuance of general obligation bonds, the district may issue itsrevenue bonds to pay all or part of the cost of the improvements and pledge andhypothecate the revenues and earnings of its sewer system for the payment ofthe revenue bonds, and enter into a contract with reference thereto as may benecessary or proper. The district may pay part of the cost of the improvementsby the issuance of general obligation bonds and part by the issuance of revenuebonds. The procedure for the issuance of the bonds shall be that prescribed bythis act. The limit on the amount of the bonds shall not apply to revenue bondspayable solely from the revenues and earnings of the district.
35-3-116. Bonds; judicial examination and approval; prerequisite tosale.
Theboard of trustees of a sanitary and improvement district organized under theprovisions of this act, shall, before issuing and before selling any bonds ofsuch district, commence special proceedings, in and by which the proceedings ofthe board and of the district providing for and authorizing the issue and saleof the bonds of the district shall be judicially examined, approved andconfirmed, or disapproved and disaffirmed.
35-3-117. Bonds; judicial examination and approval; petition.
Theboard of trustees of the district or such holder or holders of any bond orbonds of the district shall file in the district court of the county in whichthe lands of the district, or the greater portion thereof, are situated, apetition praying in effect that the proceedings aforesaid may be examined,approved, and confirmed by the court. The petition shall state the factsshowing the proceedings had for the issuance and sale of the bonds and shallstate generally that the sanitary and improvement district was duly organized,and that the first board of trustees was duly elected. The petition need notstate the facts showing such organization of the district or the election ofthe first board of trustees.
35-3-118. Bonds; judicial examination and approval; notice andhearing.
Thecourt shall fix the time for the hearing of the petition, and shall order theclerk of the court to give and publish a notice of the filing of the petition.The notice shall be given as is provided in section 3. The notice shall statethe time and place fixed for the hearing of the petition and prayer of thepetition, and that any person interested in the organization of the district,or in the proceedings for the issuance or sale of the bonds may, on or beforethe day fixed for the hearing of the petition, move to dismiss the petition oranswer thereto. The petition may be referred to and described in the notice asthe petition of .... (giving its name), praying that the proceedings for theissuance and sale of such bonds of such district may be examined, approved andconfirmed by the court.
35-3-119. Bonds; judicial examination and approval; objections topetition; pleading and practice.
Anyperson interested in the district, or in the issuance or sale of the bonds, maymove to dismiss the petition or answer thereto. The provisions of the Code ofCivil Procedure respecting motions and answer to a petition shall be applicableto motions and answer to the petition in such special proceedings. The personsso filing motion and answering the petition shall be the defendants in thespecial proceedings, and the board of trustees shall be the plaintiff. Everymaterial statement of the petition not specially controverted by the answermust, for the purpose of such special proceedings, be taken as true. Eachperson failing to answer the petition shall be deemed to admit as true all thematerial statements of the petition. The rules of pleading and practiceprovided by the Code of Civil Procedure which are not inconsistent with theprovisions of this act are applicable to the special proceedings hereinprovided for.
35-3-120. Bonds; judicial examination and approval; powers of court;confirmation or disapproval of issue; cost; history of proceedings; endorsementand registration.
Uponthe hearing of such special proceedings, the court shall have power andjurisdiction to examine and determine the legality and validity of, and approveand confirm or disapprove and disaffirm each and all of the proceedings for theorganization of such district under the provisions of this act, from andincluding the petition for the organization of the district, and all otherproceedings which may affect the legality or validity of the bonds and theorder of sale and the sale thereof. The court in inquiring into the regularity,legality or correctness of such proceedings, must disregard an error,irregularity or omission which does not affect the substantial rights of theparties to such special proceedings. It may approve and confirm such proceedingsin part and disapprove and declare illegal or invalid other and subsequentparts of the proceedings. The court shall find and determine whether the noticeof the filing of the petition has been duly given and published for the timeand in the manner prescribed in W.S. 35-3-118. The costs of the specialproceedings may be allowed and apportioned between the parties in thediscretion of the court. If the court shall determine the proceedings for theorganization of the district and for the voting and issuing of the bonds legaland valid, the board of trustees shall then prepare a written statementbeginning with the filing of the petition for the organization of the district,including all subsequent proceedings for the organization of the district and votingand issuing of the bonds, and ending with the decree of the court finding theproceedings for the organization of the district and the proceedings for thevoting and issuing of the bonds legal and valid, and shall present such writtenstatement and the bonds to the director of the state department of audit. Thewritten statement shall be certified under oath by the board of trustees of thedistrict, and the director shall then examine the statements and the bonds sosubmitted to him and if he is satisfied that the bonds have been voted inconformity to law and are in all respects in due form, he shall record thestatement and register the bonds in his office. No such bonds shall be issuedor be valid unless they shall be so registered and have endorsed thereon acertificate of the examiner showing that such bonds are issued pursuant to law,the data filed in the office of the director being the basis of suchcertificate.
35-3-121. Bonds; objections to issuance; submission of question tovoters; issuance upon favorable vote; rate of interest.
Ifthe electors of the district, equal in number to forty percent (40%) of theelectors of the district voting at the last general state election, filewritten objections to the proposed issuance of the bonds with the clerk of theboard of trustees within twenty (20) days after the first publication ofnotice, the board of trustees shall submit the proposition of issuing the bondsto the electors of the district at an election on a date as determined by theboard of county commissioners and authorized under W.S. 22-21-103, notice ofwhich shall be given by publication in a legal newspaper published or ofgeneral circulation in the district three (3) consecutive weeks. If a majorityof the qualified electors of the district, voting upon the proposition, vote infavor of issuing bonds, the board of trustees may issue and sell bonds and, ifrevenue bonds are issued, pledge for the payment of same the revenues andearnings of the improvements as proposed in the notice, and enter intocontracts in connection therewith as may be necessary or proper. The bondsshall draw interest from and after the date of the issuance thereof, at a ratedetermined by the board. In the event the electors fail to approve theproposition by majority vote, the proposition shall not be again submitted tothe electors for their consideration until five (5) months have elapsed fromthe date of the election.
35-3-122. Rules and regulations of trustees; determination andcollection of service charges; discontinuance of service.
Theboard of trustees may make all necessary rules and regulations governing theuse, operation, and control thereof. The board may establish an initialconnection charge to be paid by any person, firm or corporation connecting tothe system at the time of connection and establish just and equitable rates orcharges to be paid to it for connections and the use of the water mains,disposal plant and sewerage system by each person, firm or corporation whosepremises are served thereby. If the service charge so established is not paidwhen due, such sum may be recovered by the district in an action for therecovery of money or it may be certified to the county assessor and assessedagainst the premises served, and collected or returned in the same manner asother district taxes are certified, assessed, collected and returned. Thedistrict through its board of trustees, may make contracts or agreementswhereby a person or corporation, public or private, furnishing water to the inhabitantsof the district, shall turn off and refuse to sell water to any such water userwho is delinquent in the payment of any sewer rental or service charges overforty-five (45) days. Notice of such discontinuance of water service to suchperson or corporation and water user shall be given by registered mail.
35-3-123. Required connections with sewer.
Whenevera sewer system has been established, all dwellings in the district shallconnect therewith and all septic tanks shall be dispensed with. The board oftrustees shall have the authority to institute court proceedings in a court ofcompetent jurisdiction to carry out the provisions of this section.
35-3-124. Preparation of plans and specifications for improvement;estimate of cost; notice required before adoption; information to be shown innotice.
(a) The board of trustees of such district shall first causeplans and specifications for said improvements and an estimate of the costthereof to be made by a special engineer employed for that purpose. Such plans,specifications and estimate of cost, after being approved and adopted by theboard of trustees, shall be filed with the county clerk and be open to publicinspection.
(b) The board of trustees shall then, by resolution entered inthe minutes of their proceedings, direct that public notice be given in regardthereto. This notice shall state:
(i) The general nature of the improvements proposed to be made;
(ii) That the plans, specifications and estimate thereof are onfile in the office of the county clerk and are open to public inspection;
(iii) The estimated cost thereof;
(iv) That it has proposed to pay for the same by:
(A) Direct obligation bonds payable from unlimited ad valoremtaxes on all the property located in the district in which the bonds areissued;
(B) Revenue bonds payable from service charges from present andfuture residents of the district; or
(C) A combination of the two (2) methods.
(v) The principal amount of said bonds which it proposes toissue;
(vi) The maximum rate of interest which the bonds will bear andthat they shall mature in not to exceed forty (40) years from the date ofissuance thereof;
(vii) That in the event revenue bonds are issued, the payment ofsaid bonds will be a lien upon and will be secured by a pledge of the revenuesand earnings from the improvements;
(viii) The kind of improvements whose revenues and earnings are tobe so pledged;
(ix) That any qualified elector of the district may file writtenobjections to the issuance of said bonds with the clerk of the board oftrustees of the district within twenty (20) days after the first publication ofsaid notice;
(x) That if such objections are filed within said time byqualified electors of the district, equal in number to forty percent (40%) ofthe electors of the district who voted at the last general state election, thebonds will not be issued unless the issuance of such bonds is otherwiseauthorized in accordance with law; and
(xi) That if such objections are not so filed by such percentageof such electors, the board of trustees of the district proposes to pass aresolution authorizing the sale of said bonds and making such contracts withreference thereto as may be necessary or proper.
(c) Such notice shall be signed by the clerk of the board oftrustees and be published three (3) consecutive weeks in a legal newspaperpublished or of general circulation in the district.
