Title 41, Title 41 — Water

Definitions. (a) As used in this act the following words or phrases shall be defined as follows: (i) "District" shall mean any district organized or proposed to be organized in the case of organizational provisions pursuant to this act; (ii) "Water district" shall mean any distri…

Lands included in district. (a) A district may include all or a portion of the unincorporated area in a county in the state of Wyoming. (b) No lands included in any city or town shall be included in any district without the written consent of the governing body of the city or tow…

Establishment of districts; jurisdiction of board of county commissioners. (a) The board of county commissioners for any county in this state is hereby vested with the jurisdiction, power and authority to establish districts. (b) The board of county commissioners in which the pet…

Organization of districts; information required in the petition. (a) Repealed by Laws 1998, ch. 115, § 5. (b) Repealed by Laws 1998, ch. 115, § 5.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 shall conform to the requirements in the Special District Elections Act of 1994…

Bond or cash deposit required at time of filing of petition; authority of board to require additional bond or deposit. At the time of filing the petition or at any time subsequent thereto, and prior to the time of hearing on the petition a bond shall be filed, with security appro…

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 (a) Repealed by Laws 1998, ch. 115, § 5. (b) Repealed by Laws 1998, ch. 115, § 5. (c) Repealed by Laws 1998, ch. 115, § 5.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 or against the formation of the district, and for five (5)…

Copy of resolution establishing district to be transmitted to secretary of state by the county clerk; filing; fee. Within thirty (30) days after the district has been declared established by the board of county commissioners, the resolution shall be recorded by the county clerk i…

Members of original board of directors to qualify by filing oath of office and bond with county clerk. Whenever a district has been declared organized, the members of the board shall qualify by filing with the county clerk their oaths of office, and corporate surety bonds at the …

Original board generally. (a) After taking oath and filing bonds, the board shall choose one (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 a secretary and a treasurer of th…

Regular and special meetings of board; quorum; majority present required to exercise power; filling of vacancies. The board shall meet regularly at least once a month at a time and in a place to be designated by the board. Special meetings called by the chairman or any two (2) ot…

Subsequent elections of members of board of directors of district. (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 following the formation of the district t…

Powers of district board. (a) For and on behalf of the district the board of any district shall 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 and proceedings; (iv) In t…

Authority of board to levy and collect taxes generally; maximum levy. In addition to the other means providing revenue for such districts, the board shall have power and authority to levy and collect general (ad valorem) taxes on and against all taxable property within the distri…

Annual determination by board of amount of money necessary to be raised by taxation; fixing annual tax levy; certification of rate fixed and determined to county commissioners and clerks. To levy and collect taxes, the board shall determine, in each year, the amount of money nece…

Matters to be considered in certifying annual levies; additional levies. The board, in certifying annual levies, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, maturing general obligation bonds and interest on such bonds, and …

Duty of county officials to levy and collect tax; monthly payment of collections to treasurer of district; taxes to constitute perpetual lien; lien to be on parity with general tax lien. It shall be the duty of the body having authority to levy taxes within each county to levy th…

Sale of real and personal property for nonpayment of taxes. If the taxes levied are not paid, then delinquent real property shall be sold at the regular tax sale for the payment of said taxes, interest and penalties, in the manner provided by the statutes of the state of Wyoming …

Authority of board to levy taxes and collect revenue for purpose of creating a reserve fund. Whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as …

Change in boundaries of districts; generally. (a) The boundary of any district organized under the provisions of this act may be changed in the manner prescribed in the Special District Elections Act of 1994, but the change of boundaries of the district shall not impair nor affec…

Authority of district to borrow money; types of securities permitted to evidence borrowing; exemption of securities from taxation. (a) A district may borrow money and issue the following securities to evidence such borrowing: (i) Short-term notes; (ii) General obligation bonds an…

Borrowing money without election in anticipation of collection of taxes; issuance of short-term notes. A district, upon the affirmative vote of four (4) directors, is hereby authorized to borrow money without an election in anticipation of the collection of taxes or other revenue…

Resolution and election prerequisite to issuance of general obligation bonds. No bonds or other evidences of indebtedness payable in whole or in part from the proceeds of general (ad valorem) property taxes or to which the full faith and credit of a district are pledged, shall be…

Maximum aggregate amount of bonds or other evidences of indebtedness. The aggregate amount of bonds or other evidences of indebtedness shall not exceed six percent (6%) of the assessed value of the taxable property within the district as shown by the last preceding general assess…

Borrowing money and issuing bonds for purpose of acquiring or improving water or sewer system or other income- producing project. (a) A district in pursuance of a resolution may borrow money, issue bonds, or otherwise extend its credit for the purpose of acquiring or improving a …

Power to create local improvement districts vested in board. The power to create local improvement districts in a district organized pursuant to this act, to assess the cost of the construction of public improvements of a local and municipal character or a part thereof against be…

Submission of question of creating indebtedness to voters upon determination by resolution that interest of district and public interest or necessity demand the acquisition or improvement of projects, making of contracts. Whenever any board shall determine, by resolution, that th…

Principal and interest to be paid solely from net revenues; pledging surplus and unpledged revenues as additional security; bonds not issued payable from revenues or special assessments to be general obligations of district. The principal of and interest on revenue bonds herein a…

Bonds not to be debt of district; exception as to general obligation bonds; bonds to recite that principal and interest payable solely from revenues. Except for general obligation bonds, bonds issued pursuant to this act shall not be a debt of the district, and the district shall…

Resolution may provide that bonds shall recite that they are issued under authority of act; effect of recital. It may be provided in any resolution authorizing any bonds hereunder that such bond shall recite that it is issued under authority of this act. Such recital shall conclu…

Date of bonds; maturity; payment and rate of interest; when and where payable; privileges for registration; prerequisite to reissuance upon loss. General obligation bonds, revenue bonds or special assessment bonds herein authorized to be issued shall bear a date or dates, shall m…

Execution of bonds; signature by chairman of board to appear on bonds and coupons attached; legal effect of signature. Any such general obligation bonds, revenue bonds or special assessment bonds shall be executed in the name of and on behalf of the district and signed by the cha…

Sale of bonds at public or private sale; price; delivery of bonds to and acceptance by contractors in payment of contract price; interest rate on special assessment bonds. General obligation bonds, revenue bonds or special assessment bonds shall be sold at public or private sale …

Moneys received from issuance of bonds to be used solely for purpose for which issued; disposition of unexpended balance; validity of bonds not dependent upon validity of proceedings relating to project. All monies received from the issuance of any bonds herein authorized shall b…

Covenants in resolution authorizing issuance of bonds. (a) Any resolution authorizing the issuance of bonds under this act may contain covenants (notwithstanding such covenants may limit the exercise of powers conferred by this act) as to any one (1) or more of the following: (i)…

Rights and powers of holders of bonds. (a) Subject to any contractual limitations binding upon the holders of any issue or series of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or num…

Publication of resolution or other proceedings relative to issuance of bonds; right of interested person to contest legality within 30 days; incontestable thereafter. The board may provide for the publication once in a newspaper of general circulation in the district of any resol…

Payment of preliminary expenses incurred in making surveys, estimates of costs and revenues prior to issuance of bonds. The district may provide for the payment of all necessary preliminary expenses actually incurred in the making of surveys, estimates of costs and revenues, the …

Refunding bonds. Any bonds issued under this act may be refunded without an election pursuant to a resolution or resolutions to be adopted by the board in the manner herein provided for the issuance of other bonds, subject to any contractual limitations. Refunding bonds so issued…

Duty of board to impose tolls, fees and charges sufficient to pay cost of operating project and pay principal and interest on revenue bonds. Whenever revenue bonds are issued hereunder, it shall be the duty of the board to impose, in connection with the project for which the bond…

Exemption of property and bonds from taxation. The effectuation of the authorized purposes of districts organized under this act shall and will be in all respects for the benefit of the people of the state of Wyoming residing within the district, for the increase of their commerc…

Authority of municipalities, counties and special districts to transfer projects and property to district with or without consideration. Any municipality, county, special district or owner may and is hereby authorized to sell, lease, grant, convey, transfer, or pay over to any di…

Questions of validity to be given preference on court docket. All cases in which there may arise a question of validity of the organization of the district, or a question of the validity of any provision of this act shall be advanced as a matter of immediate public interest and c…

Effect of failure to give notice; board of county commissioners to direct notice be given and continue hearing. If notice is provided for in this act, and the board of county commissioners finds for any reason that due notice was not given, the board of county commissioners shall…

Reorganization of sanitary and improvement districts as sewer district or water and sewer district. Any sanitary and improvement district organized pursuant to the provisions of W.S. 35-3-101 through 35-3-124 may effect its reorganization as a sewer district or water and sewer di…

Full authority for authorization and issuance of bonds; effect on other statutes. This act, without reference to other statutes of the state, except as herein specifically provided, shall constitute full authority for the authorization and issuance of bonds hereunder. No other ac…

Liberal construction. This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.

Finances administered according to the Uniform Municipal Fiscal Procedures Act. The board of directors of the water and sewer districts shall administer the finances of such districts according to the provisions of the Uniform Municipal Fiscal Procedures Act, except that an annua…

City or town may annex areas within sewer or water district. Any city or town may annex areas to its corporate limits in accordance with the statutes governing annexation of territories to cities and towns which territories fall within existing water, sewer, or water and sewer di…

Obligations and authority remain with district. Upon the annexation of such territory the securities of the district, including but not limited to short-term notes, general obligation bonds and other like securities, revenue bonds and other like securities, special assessment bon…

Administration may be transferred to city or town by agreement. Concurrently with the annexation of such territory the city or town and districts may by agreement provide that the administration of any outstanding indebtedness of the district may be taken over by the city or town…