Section 18-12-101 – Title; Purpose; Application and Construction.
18-12-101. Title; purpose; application and construction. This act may be cited as the “Improvement and Service District Act”.
Section 18-12-102 – Definitions.
18-12-102. Definitions. (a) As used in this act: (i) “Assessed value” means the total assessed value of real property within the district. Assessed value shall be determined from the last assessment roll of the county within which the district is located; (ii) “Board” means the board of directors of an improvement and service district; (iii) […]
Section 18-12-103 – Districts Authorized; General Function.
18-12-103. Districts authorized; general function. (a) Any unincorporated territory in this state may be formed into an improvement and service district to perform any of the following functions: (i) Acquire, construct, operate and maintain improvements of local necessity and convenience; (ii) Obtain improvements or services hereunder by contracting for the same with any city, town, […]
Section 18-12-104 – Jurisdiction.
18-12-104. Jurisdiction. The commissioners of each county shall hear proceedings for the creation of improvement and service districts within the county which unless specifically otherwise provided, shall be governed by the Special District Elections Act of 1994.
Section 18-12-105 – Commencement by Petition.
18-12-105. Commencement by petition. Proceedings for the formation of a district shall be commenced by filing a petition addressed to the commissioners of the county in which the land proposed to be included in the district is situated. The petition shall be accompanied by a filing fee of two hundred dollars ($200.00).
Section 18-12-106 – Petition for Formation.
18-12-106. Petition for formation. A petition to form a district shall be signed by not less than sixty percent (60%) of the persons owning land within the territory proposed to be included in the district, whose land in the proposed district has an assessed value of sixty percent (60%) or more of the assessed value […]
Section 18-12-112 – Powers of District.
18-12-112. Powers of district. (a) Each district may: (i) Have and use a corporate seal; (ii) Sue and be sued, and be a party to suits, actions and proceedings; (iii) Enter into contracts for the purpose of providing any authorized improvements and the maintenance and operation thereof, or otherwise to carry out the purposes of […]
Section 18-12-113 – District Board of Directors.
18-12-113. District board of directors. (a) The district shall be managed and controlled by a board of directors consisting of three (3) or five (5) members. The initial board shall consist of three (3) or five (5) members elected at the organizational election. A simple majority of members shall serve an initial term of two […]
Section 18-12-114 – Compensation; Officers; Rules and Regulations; Meetings.
18-12-114. Compensation; officers; rules and regulations; meetings. (a) The members of the board shall serve without compensation but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties. (b) The board shall adopt rules, regulations and procedures for the district whether or not included in its bylaws, including […]
Section 18-12-115 – Cost Assessed in Accordance With Benefits.
18-12-115. Cost assessed in accordance with benefits. When an improvement proposed by the board will benefit specific property in the district to a greater extent than other property the improvement may be financed with an assessment against the property specially benefited upon a frontage, zone or other equitable basis, in accordance with benefits.
Section 18-12-116 – Resolution of Intent to Provide for Special Assessment.
18-12-116. Resolution of intent to provide for special assessment. (a) The board may declare by resolution their intent to order improvements to be paid for by special assessment. The resolution shall specify: (i) The nature of the improvement proposed; (ii) The extent of the district to be improved; (iii) The probable cost per unit of […]
Section 18-12-117 – Notice of Resolution; Hearing; Objections.
18-12-117. Notice of resolution; hearing; objections. (a) At the request of the board the county clerk shall give notice, by advertisement once in a newspaper of general circulation in the county, to the owners of the property to be assessed to provide: (i) The nature of the improvement proposed; (ii) The extent of the district […]
Section 18-12-118 – Notice of Apportionment; Assessment Roll.
18-12-118. Notice of apportionment; assessment roll. (a) A copy of the resolution as finally adopted shall be recorded by the county clerk who shall within sixty (60) days after the adoption of the resolution by written notice, mailed or otherwise delivered, notify each owner of property to be assessed of the amount of assessment, the […]
Section 18-12-119 – Duty of County Officials to Levy and Collect Taxes.
18-12-119. Duty of county officials to levy and collect taxes. (a) The body having authority to levy taxes or make assessments within each county shall levy the taxes or assessments authorized herein and all officials charged with the duty of assessing property and collecting taxes shall assess property and collect proceeds at the time and […]
Section 18-12-120 – Bond Elections; Resolution for Submission of Proposition to Voters.
18-12-120. Bond elections; resolution for submission of proposition to voters. By resolution of its board a district may submit to its qualified voters, by mail ballot or at an election on a date authorized under W.S. 22-21-103, as determined by the board of county commissioners, the proposition of issuing bonds pursuant to this act to […]
Section 18-12-121 – Contents of Resolution; Notice of Election.
18-12-121. Contents of resolution; notice of election. (a) The resolution shall: (i) State the purpose for which the bonds are proposed to be issued; (ii) State the estimated amount of money to be raised by the bond issue; (iii) State the principal amount of the bonds; (iv) State the maximum rate of interest on the […]
Section 18-12-122 – Election Procedures.
18-12-122. Election procedures. (a) Except as otherwise provided in this section, the bond elections of districts shall be called by the board of county commissioners at the request of the district and held in accordance with election dates and procedures set forth in W.S. 22-21-101 through 22-21-112. A proposal submitted in the bond election shall […]
Section 18-12-123 – Resolution for Issuance of Bonds.
18-12-123. Resolution for issuance of bonds. The board, by resolution, shall determine whether coupon bonds or registered bonds of the district shall be issued and sold to raise money for any of the purposes for which the district was formed, if the bonds are authorized, and shall similarly fix and determine the denomination of each […]
Section 18-12-124 – Bonds Secured by Pledge of District.
18-12-124. Bonds secured by pledge of district. The payment of the principal and interest on the bonds constitutes a liability of the district. The full faith and credit, and all taxable property lying within the district is pledged for the payment of the bonds in accordance with the terms thereof.
Section 18-12-125 – Exemption From Taxation in This State.
18-12-125. Exemption from taxation in this state. The interest payable upon the bonds is exempt from any taxes levied or assessed by the state of Wyoming or any agency thereof.