HB0284 - Special districts-enlargement and annexation.

 

2001

State of Wyoming

01LSO-0399.E1 ENGROSSED

 

 

 

HOUSE BILL NO.  HB0284

 

 

Special districts-enlargement and annexation.

 

Sponsored by:  Representative(s) Hines and Senator(s)
Youngbauer

 

A BILL

 

for

 

 1  AN ACT relating to special districts; modifying provisions
 2  relating to the enlargement of special districts; modifying
 3  restrictions concerning land being within a water and sewer
 4  district and a municipality; and providing for an effective
 5  date.

 6 

 7  Be It Enacted by the Legislature of the State of Wyoming:

 8 

 9         Section 1.  W.S. 22-29-105(b), 22-29-301(a) and (c),
10  22-29-305(a)(iv) and 41-10-102(b) and (e) are amended to
11  read.

12 

13         22-29-105.  Petitions; number of signatures required;
14  contents of formation petition.

15 

16         (b)  A petition for enlargement of a district shall be
17  signed by not less than: twenty-five percent (25%) of the

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 1  voters owning not less than twenty-five percent (25%) of
 2  the assessed valuation of property within the area proposed
 3  to be included. If there are no voters within an area
 4  proposed to be included in a district, an enlargement
 5  petition shall be signed by not less than twenty-five
 6  percent (25%) of the landowners owning not less than
 7  twenty-five percent (25%) of the assessed valuation of
 8  property within the area proposed to be included.

 9 

10         22-29-301.  Enlargement petitions.

11 

12         (a)  When the voters of an area wish to join a
13  district, they may file an enlargement petition with the
14  county commissioners. If there are no voters within an area
15  proposed to be included in a district, the landowners of
16  the area may file an enlargement petition with the county
17  commissioners. Unless otherwise provided under this
18  subsection, the petition for enlargement shall include
19  provisions allowing the board of district directors to be
20  enlarged by one (1) or more positions to be filled by
21  voters residing or located in the new area, the number of
22  positions to be determined by the petitioners and the
23  district directors of the existing district. Before the
24  petition is filed with the county commissioners, it shall

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 1  be approved by the directors of the affected district and
 2  by any other agency also required by the principal act to
 3  approve the petition. The petition process shall be
 4  governed by W.S. 22-29-105 through 22-29-108. An election
 5  need not be held on an enlargement petition if the petition
 6  alleges and the county commissioners find:

 7 

 8              (i)  All landowners within the new area and the
 9  board of directors of the district agree to the inclusion
10  of the new area within the district; and

11 

12              (ii)  There are no voters residing in the new
13  area.

14 

15         (c)  Except as provided under subsection (a) of this
16  section, if the enlargement petition is approved, there
17  shall be an election which shall be conducted under this
18  act. At the enlargement election, there shall also be
19  elected temporary directors whose terms shall expire at the
20  next regular district director election. At the first
21  regular election following the enlargement election, the
22  total number of directors shall be as stated in the
23  principal act.

24 

 

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 1         22-29-305.  Specific provisions relating to
 2  enlargement, merger and consolidation elections.

 3 

 4         (a)  The elections effecting enlargement, merger or
 5  consolidation shall be governed by the following specific
 6  rules:

 7 

 8              (iv)  For enlargement elections, if the voters of
 9  the existing district have approved by election a mill levy
10  to finance the operation of the district, then the voters
11  of the area to be added shall also be required at the
12  enlargement election to approve the same mill levy. If a
13  majority of the voters in the area to be added voting on
14  the proposition fails to approve the mill levy, then the
15  enlargement, whether or not approved under paragraph (iii)
16  of this subsection, shall fail. This paragraph shall not
17  apply to an enlargement in which no election is required
18  under W.S. 22-29-301(a);

19 

20         41-10-102.  Lands included in district.

21 

22         (b)  No lands included in any city or town shall be
23  included in any district without the written consent of the
24  governing body of the city or town.

 

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 1 

 2         (e)  No area within a district may be annexed to a
 3  city or town, but nothing herein contained shall be
 4  construed as preventing the dissolution of a district or
 5  the exclusion therefrom of any land therein as herein
 6  authorized for the purpose of permitting such an
 7  annexation, or as prohibiting an annexation in accordance
 8  with the provisions of W.S. 41-10-152 through 41-10-157.

 9 

10         Section 2.  This act is effective July 1, 2001.

11 

12                         (END)

 

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