HB0252 - Special districts-resort districts.
2001 |
State of Wyoming |
01LSO-0513.E1 ENGROSSED |
HOUSE BILL NO. HB0252
Special districts-resort districts.
Sponsored by: Representative(s) Law and Shivler and
Senator(s) Larson
A BILL
for
1 AN ACT relating to
special districts; providing procedures
2
for establishing resort districts; providing procedures for
3
levying and collecting assessments; specifying duties and
4
powers of districts and district boards; and providing for
5
an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section
1. W.S. 18-16-101 through 18-16-118
are
10 created to read:
11
12 CHAPTER 16
13 RESORT DISTRICTS
14
15 ARTICLE 1
16 IN GENERAL
Page 1
1
2 18-16-101. Definitions.
3
4 (a) As used in this act:
5
6 (i) "Assessed
value" means the total assessed
7
value of real property within the district, but excludes
8
assessed values attributable to minerals. Assessed value
9
shall be determined from the last assessment roll of the
10 county within which the district is
located;
11
12 (ii) "Board"
means the board of directors of a
13 resort district;
14
15 (iii) "Bonds"
means bonds, warrants, notes or
16 other evidences of indebtedness of a
resort district;
17
18 (iv) "Commissioners"
means the board of county
19 commissioners;
20
21 (v) "District"
means a resort district as
22 organized under the terms of this
act;
23
Page 2
1 (vi) "Improvement"
means and includes buildings,
2
structures and all facilities of a public nature intended
3
for public use, including but not limited to streets,
4
sidewalks, curbs, gutters, alleys and other public ways,
5
parks, water, sewage, solid waste disposal and other
6
sanitary systems and facilities, and with respect to the
7
foregoing, such additional facilities or improvements as
8
relate or contribute to the full public use and enjoyment
9
thereof;
10
11 (vii) "Landowner"
or "owner of land" means the
12 person or persons holding a majority
interest in the record
13 fee title to one (1) or more parcels
of real property
14 within the district or proposed
district or a person or the
15 persons who are obligated to pay
general property taxes
16 under a contract to purchase real
property;
17
18 (viii) "Resort area" means an area that:
19
20 (A) Is an
unincorporated area and is a
21 defined contiguous geographic area;
22
Page 3
1 (B) Has a
permanent population of less than
2
five hundred (500) according to the most recent federal
3
census;
4
5 (C) Derives the
major portion of its
6
economic well-being from businesses catering to the
7
recreational and personal needs of persons traveling to or
8
through the area;
9
10 (D) Does not
include real property used for
11 manufacturing, milling, converting,
producing, processing
12 or fabricating materials, generating
electricity or the
13 extraction or processing of
minerals.
14
15 (ix) "Service"
means the operation and
16 maintenance of improvements and any
other service
17 authorized by this act;
18
19 (x) "Written
authorization" means an affidavit
20 filed with the election official
conducting the election
21 setting forth a general legal
description of the property
22 owned, the street or common name
address for the property,
23 the name or names of all owners of
the property described,
24 and a statement that the person
signing the written
Page 4
1
authorization is the only person having authority to act on
2
behalf of the owner or owners of the property;
3
4 (xi) "This
act" means W.S. 18-16-101 through
5
18-16-118.
6
7 18-16-102. Districts authorized; general function.
8
9 (a) Any resort
area in this state may be formed into
10 a resort district to perform any of
the following
11 functions:
12
13 (i) Acquire,
construct, operate and maintain
14 improvements of local necessity and
convenience;
15
16 (ii) Obtain
improvements or services hereunder
17 by contracting for the same with any
city, town, county or
18 other entity;
19
20 (iii) Furnish or
perform any special local
21 service which enhances the use or
enjoyment of the resort
22 area.
23
Page 5
1 (b) A district
is a separate entity and a political
2
subdivision of the state. A district shall be subject to
3
and covered by the Wyoming Governmental Claims Act.
4
5 (c) A district
shall not include any parcel of
6
agricultural property. For purposes of this section,
7
"agricultural property" means any parcel of real property
8
greater than ten (10) acres, which was assessed as
9
agricultural land under W.S. 39-13-103(b)(x) in the two (2)
10 calendar years before filing of the
petition for formation
11 of a resort district, and which at
the time of filing of
12 the petition, is being used and
employed for the primary
13 purpose of obtaining a monetary
profit as agricultural or
14 horticultural use or any combination
thereof.
15
16 18-16-103. Jurisdiction.
17
18 Unless in conflict with a provision of this
article, the
19 Special District Elections Act of
1994, W.S. 22-29-101
20 through 22-29-601, shall govern the
formation of resort
21 districts.
22
23 18-16-104. Petition for formation;
number of
24 signatures required; filing fee.
Page 6
1
2 A
petition to form a district shall be in accordance with
3
the provisions of W.S. 22-29-105. The provisions of W.S.
4
22-29-109(e) relating to protest resulting in failure of
5
formation of a district shall not apply to proceedings for
6
the formation of a resort district. The petition shall be
7
accompanied by a filing fee of two hundred dollars
8
($200.00).
9
10 18-16-105. Formation election; procedures.
11
12 (a) Each
landowner within the proposed district shall
13 have one (1) vote per parcel of real
property owned by that
14 landowner.
15
16 (b) The formation of the district is approved if:
17
18 (i) A majority
of the total votes cast on the
19 proposition vote "for"
formation; or
20
21 (ii) A majority
of the total votes cast on the
22 proposition vote "against"
formation, but a majority of
23 votes cast, excluding votes cast by
owners of single-family
24 homes, are in favor of organization.
Page 7
1
2 (c) If
formation of the district is approved pursuant
3
to paragraph (b)(ii) of this section, the district shall
4
not include owners of single family dwellings.
5
6 18-16-106. Powers of district.
7
8 (a) Each district may:
9
10 (i) Have and use a corporate seal;
11
12 (ii) Sue and be
sued, and be a party to suits,
13 actions and proceedings;
14
15 (iii) Purchase insurance;
16
17 (iv) Enter into
contracts for the purpose of
18 providing any authorized
improvements and the maintenance
19 and operation thereof, or otherwise
to carry out the
20 purposes of the district;
21
22 (v) Accept from
any public or private source
23 grants, loans, contributions and any
other benefits
24 available for use in the furtherance
of its purposes;
Page 8
1
2 (vi) Borrow
money and incur indebtedness and
3
other obligations and evidence the same by certificates,
4
notes or debentures, and issue bonds;
5
6 (vii) Require any
person or entity desiring to
7
conduct business within the district to obtain a business
8
license from the board before conducting business within
9
the district;
10
11 (viii) Levy and
collect an assessment from the
12 proceeds of each lot transferred or
sold within the
13 district pursuant to such procedures
as may be established
14 by the board;
15
16 (ix) Charge
interest and levy fines and
17 penalties on unpaid assessments;
18
19 (x) Create and
enforce liens for unpaid
20 assessments;
21
22 (xi) Adopt bylaws not inconsistent with law;
23
Page 9
1 (xii) Establish
and collect charges for water,
2
sanitation and related services and the use of improvements
3
or services provided by the district, including authority
4
to change the amount or rate thereof, and to pledge the
5
revenues therefrom for the payment of district
6
indebtedness;
7
8 (xiii) Acquire and
own or lease real or personal
9
property, including easements and rights-of-way, within or
10 without the district for district
purposes;
11
12 (xiv) Supply the
inhabitants of the district
13 with water for domestic and any
other lawful use;
14
15 (xv) Provide for
the collection, treatment or
16 disposal of sewage, waste and storm
water of the district
17 and its inhabitants;
18
19 (xvi) Provide for
the collection and disposal of
20 garbage or refuse matter;
21
22 (xvii) Provide all
services necessary to protect
23 the health and welfare of residents
in the district and the
24 value of property therein and to
enter into agreements with
Page 10
1 any
public or private agency, institution or person for the
2
furnishing of such services;
3
4 (xviii) Provide for
public recreation by means
5
of parks, including but not limited to playgrounds, golf
6
courses, swimming pools or recreation buildings;
7
8 (xix) Provide for street lighting;
9
10 (xx) Provide for
the opening, widening,
11 extending, straightening and
surfacing in whole or part of
12 any street and snow removal or
clearance for the same or
13 other roads or streets;
14
15 (xxi) Provide for
the construction and
16 improvement of bridges, culverts,
curbs, gutters, drains
17 and works incidental to any street
improvement;
18
19 (xxii) Provide subdivision control;
20
21 (xxiii) Provide for
the development and
22 marketing of the district;
23
Page 11
1 (xxiv) With the
approval of the board of county
2
commissioners, establish and collect charges for the use of
3
any improvement to cover the costs of operating and
4
maintaining the improvement. Following approval of the
5
county commissioners and upon application by a district, an
6
assessment roll shall be created by the county assessor's
7
office to facilitate the collection of the improvement
8
operation and maintenance charges, whether or not the
9
assessor has created an assessment roll for the collection
10 of indebtedness;
11
12 (xxv) Do any and
all other things necessary to
13 carry out the purposes of this act.
14
15 18-16-107. District board of directors.
16
17 The district shall be managed and controlled
by a board of
18 directors consisting of five (5)
members. The initial board
19 shall consist of five (5) members
elected at the
20 organizational election as provided
in W.S. 18-16-105. Two
21 (2) shall serve for three (3) years,
two (2) for four (4)
22 years and one (1) for five (5) years
after formation of the
23 district and until their successors
are elected and
24 qualified at the regular scheduled
subsequent director
Page 12
1
election as provided in W.S. 22-29-112(a). The subsequent
2
directors shall be elected pursuant to W.S. 18-16-118. Each
3
year, commencing with the third anniversary of the first
4
director election an election shall be held to elect a
5
director to fill the vacancy resulting from expiration of
6
the term of the director whose term expires at that time.
7
A vacancy occurring on the board during the term of an
8
original director or his successor shall be filled as
9
provided in the Special District Elections Act of 1994.
10
11 18-16-108. Compensation; officers;
rules and
12 regulations.
13
14 (a) The members
of the board shall serve without
15 compensation but shall receive
reimbursement for actual and
16 necessary expenses incurred in
connection with the
17 performance of their duties.
18
19 (b) The board
shall adopt rules, regulations and
20 procedures for the district whether
or not included in its
21 bylaws, including those to govern
the use and enjoyment of
22 public improvements, facilities and
services of the
23 district.
24
Page 13
1 18-16-109. Cost assessed in accordance with benefits.
2
3
When an improvement proposed by the board will benefit
4
specific property in the district to a greater extent than
5
other property the improvement may be financed with an
6
assessment against the property specially benefited upon a
7
frontage, zone or other equitable bases, in accordance with
8
benefits.
9
10 18-16-110. Resolution of intent to
provide for
11 special assessment.
12
13 (a) The board
may declare by resolution their intent
14 to order improvements to be paid for
by special assessment.
15 The resolution shall specify:
16
17 (i) The nature of the improvement proposed;
18
19 (ii) The extent of the district to be improved;
20
21 (iii) The
probable cost per unit of measurement
22 as shown by estimates of a qualified
engineer;
23
Page 14
1 (iv) The time in
which the cost will be payable;
2
and
3
4 (v) The time
when a resolution authorizing the
5
improvements will be considered.
6
7 (b) Any
resolution or directive in the premises may
8
be modified, confirmed or rescinded at any time prior to
9
the passage of the resolution authorizing the improvements.
10
11 18-16-111. Notice of resolution; hearing; objections.
12
13 (a) At the
request of the board the county clerk
14 shall give notice, by advertisement
once in a newspaper of
15 general circulation in the county,
to the owners of the
16 property to be assessed to provide:
17
18 (i) The nature of the improvement proposed;
19
20 (ii) The extent of the district to be improved;
21
22 (iii) The probable cost of the improvement;
23
24 (iv) The time at which the cost will be payable;
Page 15
1
2 (v) The time
when a resolution authorizing the
3
improvements will be considered by the board;
4
5 (vi) That maps,
estimates and schedules showing
6
the approximate amounts to be assessed and all resolutions
7
and proceedings are on file and may be seen or examined at
8
the office of the county clerk or other designated place;
9
and
10
11 (vii) That all
complaints and objections
12 concerning the proposed improvement
by owners of property
13 subject to assessment will be heard
and considered by the
14 board before final action, under the
provisions of the
15 Wyoming Administrative Procedure
Act.
16
17 (b) If
objections to the improvement are made by
18 owners or agents representing
property subject to thirty
19 percent (30%) or more of the
projected dollar assessments,
20 the improvement may not be
authorized and a new resolution
21 for the same or a similar purpose
encompassing property
22 representing objections may not be
considered within one
23 (1) year thereafter.
24
Page 16
1 18-16-112. Notice of apportionment; assessment roll.
2
3 (a) A copy of
the resolution as finally adopted shall
4
be recorded by the county clerk who shall within sixty (60)
5
days after the adoption of the resolution by written
6
notice, mailed or otherwise delivered, notify each owner of
7
property to be assessed of the amount of assessment, the
8
purpose for which the levy is made, the tax against each
9
lot or parcel of land, and the date it becomes delinquent.
10 The county clerk shall also notify
each owner of property
11 of the amount of any operation and
maintenance charges to
12 be assessed within sixty (60) days
after the assessment is
13 approved by the board of county
commissioners under W.S.
14 18-16-106(a)(xxv).
15
16 (b) The county
assessor shall prepare a local
17 assessment roll showing real
property assessed, the total
18 amount of assessment and operation
and maintenance charges
19 if approved under W.S.
18-16-106(a)(xxv), the amount of
20 each installment of principal and
interest if the same is
21 payable in installments, and the date
when each installment
22 will become due, and deliver the
same, duly certified, to
23 the county treasurer for collection.
24
Page 17
1 18-16-113. Annual tax levy authorized;
certification
2 and
collection; treasurer designated.
3
4 The
board of directors may annually levy and collect taxes
5
for corporate purposes upon property within the limits of
6
the district. This board shall
file the resolution in the
7
office of the county clerk who shall record the same in the
8
county where the district lies. The board shall also
9
certify the same to the county assessor of the counties in
10 which the district is located, who
shall extend the same
11 upon the county tax list. The same
shall be collected by
12 the county treasurer in the same
manner as state and county
13 taxes. The county treasurer of the
county in which the
14 greater portion of the area of the
district is located
15 shall pay the same to the district
ordering the assessment
16 or levy and the collection. The
payment of the collections
17 shall be made monthly to the
treasurer of the district and
18 paid into its depository to the
credit of the district.
19
20 18-16-114. Bond elections; resolution
for submission
21 of proposition to voters.
22
23 By resolution of its board a district may
submit to its
24 qualified voters, by mail ballot or
at an election on a
Page 18
1
date authorized under W.S. 22-21-103, as determined by the
2
board of county commissioners, the proposition of issuing
3
bonds pursuant to this act to provide funds for the
4
acquisition, construction, improving or financing of
5
improvements as well as performing services for the benefit
6
of the residents of the district, including any or all
7
expenses incidental thereto or connected therewith.
8
9 18-16-115. Contents of resolution;
notice of
10 election.
11
12 (a) The resolution shall:
13
14 (i) State the
purpose for which the bonds are
15 proposed to be issued;
16
17 (ii) State the
estimated amount of money to be
18 raised by the bond issue;
19
20 (iii) State the principal amount of the bonds;
21
22 (iv) State the
maximum rate of interest on the
23 bonds;
24
Page 19
1 (v) Fix the date of the election;
2
3 (vi) Fix the manner of holding the election.
4
5 (b) The notice
of bond election shall include the
6
following information:
7
8 (i) The amount of the proposed bond issue;
9
10 (ii) The maximum maturity of the bonds;
11
12 (iii) Statement
by the board of the need for the
13 issuance of the bonds and the
purposes for which the
14 proceeds of the bonds shall be
devoted;
15
16 (iv) A
description of the exterior boundaries of
17 the district;
18
19 (v) A general
description of the proposed
20 improvement, utility or local
service to be provided by the
21 district.
22
23 18-16-116. Election procedures.
24
Page 20
1 The
bond elections shall be called and conducted, and the
2
bonds shall be issued, by the board of county commissioners
3
as set forth in W.S. 18-12-122 through 18-12-137.
4
5 18-16-117. Rules and regulations; enforcement.
6
7 The
board may adopt reasonable rules and regulations not
8
inconsistent with law for the government and control of the
9
district organization and to facilitate the collection of
10 assessments or charges. All rules
and regulations adopted
11 pursuant to this section shall be
promulgated in accordance
12 with the Wyoming Administrative
Procedure Act and filed
13 with the county clerk for each
county in which the district
14 is located.
15
16 18-16-118. District election procedures.
17
18 (a) Except as
otherwise provided in this act, any
19 petition or election that requires a
general vote of
20 district members for approval or
rejection under this act
21 or under the Special District
Elections Act, including,
22 without limitation, elections
relating to the election of
23 directors, approval of assessments
or other taxes,
24 enlargement, consolidation, merger,
dissolution or change
Page 21
1 in
boundaries of the district shall allow each landowner
2
within the proposed district to have one (1) vote per
3
parcel of real property owned by that landowner.
4
5 (b) The matter
being voted on shall be approved if a
6
majority of the total votes cast vote "for" the
7
proposition.
8
9 Section
2. W.S. 22-29-103(a) by creating a
new
10 paragraph (xii) and by renumbering
(xii) as (xiii) and
11 34-1-142 by creating a new
subsection (j) are amended to
12 read:
13
14 22-29-103. Applicability to special
districts;
15 general provisions.
16
17 (a) This act
applies to the following districts as
18 specified in subsection (b) of this
section:
19
20 (xii) Resort districts;
21
22 (xii)(xiii) Other
districts as specified by law.
23
Page 22
1 34-1-142. Instrument transferring
title to real
2 property;
procedure; exceptions; confidentiality.
3
4 (j) The statement may be used by a resort district
5
board of directors to levy an assessment pursuant
to W.S.
6
18-16-106(a)(viii).
7
8 Section 3. This act is effective July 1, 2001.
9
10 (END)
Page 23