Section 37-13-101 – Short Title.
37-13-101. Short title. This act shall be known and cited as the “Wyoming Underground Conversion of Utilities Law”.
Section 37-13-102 – Legislative Purpose.
37-13-102. Legislative purpose. The legislature finds that in many areas of the state, landowners, cities, towns, counties and public utilities desire to convert existing overhead electric and communication facilities to underground locations by means of improvement district proceedings. The legislature hereby declares that a public purpose will be served by providing a procedure to accomplish […]
Section 37-13-103 – Definitions.
37-13-103. Definitions. (a) As used in this chapter the following words and phrases and any variations thereof shall have the following meaning: (i) “Communication service” means the transmission of intelligence by electrical means, including, but not limited to telephone, telegraph, messenger-call, clock, police, fire alarm and traffic control circuits or the transmission of standard television […]
Section 37-13-104 – Powers Conferred.
37-13-104. Powers conferred. The governing body is authorized and empowered to create local improvement districts within its territorial limits to provide for the conversion of existing overhead electric and communication facilities to underground locations and the construction, reconstruction or relocation of any other electric or communication facilities which may be incidental thereto, pursuant to the […]
Section 37-13-105 – Basis of Assessments.
37-13-105. Basis of assessments. (a) Whenever any improvement authorized to be made by any governing body by the terms of this chapter is ordered, the governing body shall apportion the cost and expenses thereof as in their judgment is fair and equitable in consideration of the benefits accruing to the lots and land included within […]
Section 37-13-106 – Resolution for Cost and Feasibility Study.
37-13-106. Resolution for cost and feasibility study. (a) Any governing body may upon a petition signed by at least sixty percent (60%) of the resident owners of property subject to assessment owning at least sixty percent (60%) of the assessable land of any proposed district, adopt a resolution at any regular or special meeting declaring […]
Section 37-13-107 – Costs and Feasibility Report.
37-13-107. Costs and feasibility report. The public utility or utilities report shall set forth an estimate of the total underground conversion costs for the district and shall also indicate the cost of underground conversion of facilities of the public utility located within the boundaries of the various parcels or lots within the district. The report […]
Section 37-13-108 – Resolution Declaring Intention to Create District.
37-13-108. Resolution declaring intention to create district. (a) On the filing with the clerk of any governing body of the cost and feasibility report by the public utility, and after considering the same, the governing body may, at any regular or special meeting, pass a resolution declaring its intention to create a local improvement district. […]
Section 37-13-109 – Notice of Public Hearing on Proposed Improvement; Contents.
37-13-109. Notice of public hearing on proposed improvement; contents. (a) The governing body shall cause notice of a public hearing on the proposed improvement to be given in the manner provided in W.S. 37-13-110. Such notice shall: (i) Declare that the governing body has passed a resolution of intention to create an improvement district; (ii) […]
Section 37-13-110 – Notice of Public Hearing on Proposed Improvement; Manner of Giving.
37-13-110. Notice of public hearing on proposed improvement; manner of giving. The notice shall be published in full one (1) time in a newspaper of general circulation in the county, city, or town in which the proposed district is located and by posting in not less than three (3) public places in the district. A […]
Section 37-13-111 – Public Hearing; Changes in Proposed Improvements or in Area of Improvement District.
37-13-111. Public hearing; changes in proposed improvements or in area of improvement district. (a) At the time and place specified in the notice, the governing body shall meet and proceed to hear and pass upon all objections and protests to the creation of the proposed district, the making of the proposed improvements, and the benefits […]
Section 37-13-112 – Waiver of Objections.
37-13-112. Waiver of objections. Any person who has real property within the boundaries of the proposed district who fails to appear before the governing body at the hearing and make any objection he may have to the creation of the district, the making of the improvements and the inclusion of his real property in the […]
Section 37-13-113 – Proposed Assessment List.
37-13-113. Proposed assessment list. After the resolution creating the district is adopted, the governing body shall cause an assessment list to be prepared detailing the total cost to be assessed, the specific properties assessed, and the amount of assessment on each piece of property. The total cost of the improvement shall include the cost of […]
Section 37-13-114 – Proposed Assessment Resolution.
37-13-114. Proposed assessment resolution. After the preparation of the proposed assessment list, the governing body shall cause to be prepared for adoption at the assessment hearing a resolution incorporating the proposed assessment list and declaring what share, if any, of the total cost is payable from voluntary contributions or governmental sources other than the imposition […]
Section 37-13-115 – Board of Equalization and Review.
37-13-115. Board of equalization and review. Before the governing body shall propose to levy any tax under any provision of this chapter, it shall sit as a board of equalization and review for the purpose of making corrections in the proposed assessments. After concluding the assessment hearings the governing body shall prepare a report of […]
Section 37-13-116 – Notice of Public Hearing on Proposed Assessments.
37-13-116. Notice of public hearing on proposed assessments. Notice of a public hearing on the proposed assessment resolution shall be given. At least twenty (20) days before the date fixed for the hearing, the notice shall be published one (1) time in a newspaper in which the first notice of hearing was published. Notice shall […]
Section 37-13-117 – Public Hearing on Proposed Assessment Resolution; Corrections.
37-13-117. Public hearing on proposed assessment resolution; corrections. (a) At the time and place specified in the assessment hearing notice, the governing body shall hear all arguments relating to the benefits accruing to any tract, lot or parcel of land therein and the amounts proposed to be assessed against any tract, lot or parcel. The […]
Section 37-13-118 – Adoption of the Assessment Resolution; Civil Action; Statute of Limitations.
37-13-118. Adoption of the assessment resolution; civil action; statute of limitations. After the public hearing has been concluded and all corrections made to the assessment list, the governing body shall proceed to adopt the assessment resolution. The resolution and supporting findings shall be conclusive against all persons unless an action contesting the validity of this […]
Section 37-13-119 – Payment of Assessment.
37-13-119. Payment of assessment. The amount of the assessment is due and collectible without demand within thirty (30) days after the final publication of the assessment resolution and if it is not paid within such time it shall commence to bear interest at a rate fixed by the governing body. The published resolution shall specify […]
Section 37-13-120 – Failure to Pay Installments; Sale of Property; Return of Sale; Certificate of Sale.
37-13-120. Failure to pay installments; sale of property; return of sale; certificate of sale. (a) The failure to pay any installment including interest when due shall cause all other installments and the interest thereon to become due and payable and the governing body shall, within thirty (30) days from the date of default, by general […]