Title 37 — Title 37 — Public Utilities

Formation; petition for organization. (a) Whenever a majority of the freeholders on lands and entrymen upon public lands in any district who shall represent at least one-third of the area of lands within said district which desire to provide for the purchase of electric power for…

Lands need not be contiguous; benefits to exceed damages and costs; must be cheaper as single district. The lands proposed to be included in any power district need not be contiguous, provided that the benefits of the proposed work in each part will exceed the damages from and co…

Time and place of hearing on petition; notice. On such petition being filed the court or judge thereof shall make an order fixing the time and place of the hearing thereon and ordering notice; thereupon the clerk of said county, for the county in which the proceedings are institu…

Contests and objections at hearing; notices of contest or objection; court to hear and determine issues. (a) On the day fixed for hearing on such petitions all persons owning or entitled to the possession of lands, or any interest or easement in land, within said proposed distric…

Nonresident landowners to be specified on affidavit with petition; notice by mail; personal service to establish jurisdiction. If any of the persons owning or entitled to possession of land in said district are nonresidents of the county or counties in which the proposed district…

Affidavit of signers evidence of facts therein. The affidavit of any three (3) or more of the signers of said petition stating that they have examined it and are acquainted with the locality of said district and that said petition is signed by a sufficient number of corporations …

Transfer of lands to establish or defeat petition; filing of petition lis pendens against lands therein. All deeds made for the purpose of establishing or defeating the prayer of said petition, and not made in good faith and for a valuable consideration, shall be taken and held t…

Petition dismissed for improper signatures; costs; court to include or exclude lands from district. If the court or presiding judge thereof, after hearing any and all competent evidence that may be offered for and against the said petition, shall find that the same has not been s…

Order of court upon decision for petitioners; appointment of commissioners; findings and orders final unless appealed. (a) If the issues at this hearing are decided in favor of the petitioners, the court shall make an order: (i) Approving and confirming the petition; (ii) Definin…

Oath and bond of commissioners; quorum; majority rule; term of office. Before entering upon their duties, such commissioners shall take and subscribe an oath to support the constitution of the United States and the constitution of the state of Wyoming, to faithfully and impartial…

Records of commissioners; annual statement; compensation and expenses; suit upon bonds. The commissioners shall keep an accurate record of all moneys collected on account of the work under their charge and of all payments made by them and shall take vouchers of such payments and …

Commissioners to constitute corporate authority; organization; powers of board. The commissioners appointed as aforesaid and their successors in office shall, from the entry of such order of confirmation constitute the corporate authority of said power district, and shall exercis…

Duties of commissioners as to proposed work; report to court. (a) As soon as may be after the organization of said district or within such time as the court may direct, said commissioners shall proceed to have all necessary surveys made and shall lay out said proposed work making…

Notice and hearing on report of commissioners. Upon the filing of said report, the court or judge thereof shall make and enter an order fixing the time and place when and where all persons interested may appear and remonstrate against the confirmation thereof, and the clerk of sa…

county. Notice when lands situate in more than one In case the lands are situated in more than one county the notice published in the county wherein the court having jurisdiction is situated shall contain a description of all the lands in said proposed district [with] the damages…

Modification of report by order of court. If the court finds that the report requires modification, the same may by order of the court be referred back to the commissioners, who may be required to modify it in any respect.

Order of confirmation of report or modified report; effect of confirmation; appeal. If there be no remonstrance, or if the finding be in favor of the validity of the proceedings, or after the report shall have been modified to conform to the findings, the court shall confirm the …

Petitions regarding orders of confirmation; supplemental report from commissioners. Said order of confirmation may, at the same or at any subsequent term of said court be revised, modified or changed, in whole or in part, on petition of the commissioners, after such notice as the…

interest. Assessment for construction; time of payment; At the time of the confirmation of such assessments, it shall be competent for the court to order the assessment for construction to be paid in not more than twenty (20) installments, of such amounts and at such times as wil…

Assessments due at same time as taxes; budget to be filed and approved by court; expenditures in excess of budget; unauthorized debts void. (a) Assessments to meet expenses of any current year of any district shall become due, payable and delinquent at such time or times each yea…

Preparation of assessment roll; assessments based on county assessments; commissioners to verify; levy of assessments; assessments to extend to tax roll. It shall be the duty of the commissioners of each power district on or before the third Monday in July in each year to prepare…

County treasurer to collect taxes; interest coupons or bonds of district authorized for payment of district bond taxes; duty of county commissioners as to unpaid taxes. It shall be the duty of the county treasurer of each county in which any power district is located in whole or …

Inspection and repair of power lines. The commissioners and agents, servants and employees shall have the right to go upon all lands along any power line to inspect and repair the same whenever necessary, doing no unnecessary damage, and shall not be liable for trespass therefor.

Necessary additional assessments authorized under court order; notice required; payment. If any assessment for construction, operation, maintenance or repair that the commissioners shall have reported to the court is a smaller sum than is needed to carry out the purpose for which…

Omission of assessments not to affect jurisdiction of court or render previous assessments voidable; commissioners to correct omissions and report to court. Omission to assess benefits, or to assess for construction, or to make additional assessment or to make assessment for oper…

Commissioners may borrow for unpaid construction or lawful debts; issuance of notes or bonds; interest specified. The commissioners may borrow money, not exceeding the amount of "assessment for construction" as herein provided, unpaid at the time of borrowing for such purposes, o…

Refunding of indebtedness. The court, may, upon the petition of the commissioners authorize them to refund any lawful indebtedness of the district now existing or which may hereafter be incurred by taking up and canceling all or any part of its outstanding notes and bonds, as fas…

Construction to be done by lowest responsible bidder; advertisement for bids; applicability of section. In all cases where the work to be done at any one time under the directions of the commissioners will, in their opinion, cost to exceed twenty-five hundred dollars ($2,500.00),…

Payment, tender or deposit of damages required before start of construction; exception. The damages allowed to the owners of lands shall be paid or tendered before the commissioners shall be authorized to enter upon the lands for damage to which the award is made, for the constru…

Assessments as lien against property. Each and every sum assessed in any power district organized in the manner herein provided, as soon as such assessment is confirmed by the court, shall be and is declared to be a lien against the land so assessed, and unless some other method …

assessment. Bonds not adversely affected by change in No bonds or other money obligations issued by any power district shall be adversely affected by any subsequent change in assessment of benefits.

Commissioners declared public officers; acts presumed regular and valid; burden of proof on contestant. Commissioners of power districts are hereby declared to be public officers. The presumption shall be in favor of the regularity and validity of all their official acts. Wheneve…

regularity. Order confirming assessments as evidence of The order confirming the assessments of benefits shall be conclusive as to the regularity of all proceedings relating to the assessments of benefits unless appealed from within thirty (30) days after the entry of such order.

Election of commissioners; date; term of office. Upon the third Tuesday in November next preceding the expiration of terms of office of any power district commissioners appointed in any power district organized under the provisions of this chapter, there shall be elected three (3…

Election of commissioners; hour and place; notice; voters qualified; conduct; proxies; record required. The commissioners of the district shall fix the hour and place within the boundaries of the district of each election and preside at the same. It shall be the duty of the commi…

Election of commissioners; votes necessary to elect; filling of vacancies; qualifications and duties of commissioners elected. No person shall be elected as commissioner who shall not have received a majority of all votes cast. No election shall be invalid by reason of the fact t…

real estate. Petition for organization; assessments against If the petition for the organization of a power district under W.S. 37-7-101, states that the bonds to be issued by such district for the purpose of raising money shall be a lien only upon the power plant, distribution s…

Bonds issued only when authorized by district court; hearing and notice; interest rate; conditions of sale. Power districts organized pursuant to petitions stating that the bonds to be issued by the district for the purpose of raising money shall be a lien only upon the power pla…

W.S. 37-7-201 through 37-7-212 to be cumulative authority; existing laws not repealed. This act shall be construed as cumulative authority for the purposes named in sections 1 and 2 hereof, and as to the manner and form of issuing revenue bonds for any such purpose or purposes, a…

Payment of principal and interest to be from revenues only; not to constitute indebtedness of borrower. The principal of and interest upon such bonds shall be payable solely from the revenues derived from the operation of the power system or plant, electric light plant, power pla…

Bonds a mortgage lien for benefit of bond and coupon holders. Said bonds shall be construed to and shall create a statutory mortgage lien upon any such power system, power plant, electric light plant, power lines, transmission lines, or power distributing system or systems, and t…

System to remain subject to mortgage lien; proceedings to compel performance of official duties; forced sale not authorized. Such system so purchased, constructed, improved, enlarged, extended or repaired shall remain subject to said statutory mortgage lien until payment in full …

bonds. Appointment of receiver in case of default upon If there be any default in the payment of the principal of or interest upon any of said bonds, any court having jurisdiction in any proper action may appoint a receiver to administer and operate the system so encumbered on be…

Bonds and coupons held by governmental agencies exempt from taxes. The bonds and interest coupons issued hereunder are hereby exempted from any and all state, county, municipal and other taxation whatsoever under the laws of the state of Wyoming, and it shall be plainly stated on…

Bonds negotiable instruments. Such bonds shall have all the qualities of negotiable instruments under the law merchant and the Negotiable Instruments Law.

Disposition of proceeds from sale of bonds; funds to be used only on system; unexpended balance; purchase and cancellation of bonds. The commissioners of any such power district shall require that the proceeds of the sale of bonds issued under the provisions of this act be deposi…

Rates for services. Rates for services furnished by any such system shall be fixed precedent to the issuance of the bonds. Such rates shall be sufficient to provide for the payment of the interest upon and the principal of all such bonds as and when the same become due and payabl…

Authority of district court concerning bonds; bonds to comply with federal laws; power system; state property. The district court having jurisdiction over said power district shall have general, full, and complete authority to authorize the issuance of such revenue bonds, to make…

Repealed by Laws 2009, Ch. 168, § 207.

Repealed by Laws 2009, Ch. 168, § 207.