ORIGINAL HOUSE
BILL NO. 0284
ENROLLED ACT NO.
90, HOUSE OF REPRESENTATIVES
FIFTY-SIXTH
LEGISLATURE OF THE STATE OF WYOMING
2001
GENERAL SESSION
AN ACT relating to special
districts; modifying provisions
relating to the
enlargement of special districts; modifying
restrictions
concerning land being within a water and sewer
district and a
municipality; and providing for an effective
date.
Be It Enacted
by the Legislature of the State of Wyoming:
Section 1. W.S. 22-29-105(b),
22-29-301(a) and (c),
22-29-305(a)(iv) and 41-10-102(b) and (e) are amended to
read:
22-29-105. Petitions; number of
signatures required;
contents of
formation petition.
(b) A petition for enlargement of a
district shall be
signed by not less
than: twenty-five
percent (25%) of the
voters
owning not less than twenty-five percent (25%) of
the assessed valuation
of property within the area proposed
to be included. If there are no voters within an area
proposed to be
included in a district, an enlargement
petition shall be
signed by not less than twenty-five
percent (25%) of the
landowners owning not less than
twenty-five percent
(25%) of the assessed valuation of
property within the
area proposed to be included.
22-29-301. Enlargement petitions.
(a) When the voters of an area wish to join a
district, they may
file an enlargement petition with the
county commissioners. If there are no voters within an area
proposed to be
included in a district, the landowners of
the area may file an
enlargement petition with the county
commissioners. Unless
otherwise provided under this
subsection, the
petition for enlargement shall include
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provisions
allowing the board of district directors to be
enlarged by one (1) or
more positions to be filled by
voters residing or
located in the new area, the number of
positions to be
determined by the petitioners and the
district directors of
the existing district. Before the
petition is filed with
the county commissioners, it shall
be approved by the
directors of the affected district and
by any other agency
also required by the principal act to
approve the petition.
The petition process shall be
governed by W.S. 22-29-105
through 22-29-108. An election
need not be held on an
enlargement petition if the petition
alleges and the county
commissioners find:
(i) All landowners
within the new area and the
board of directors of
the district agree to the inclusion
of the new area within
the district; and
(ii) There are no
voters residing in the new
area.
(c) Except as provided
under subsection (a) of this
section, if
the enlargement petition is approved, there
shall be an election
which shall be conducted under this
act. At the
enlargement election, there shall also be
elected temporary
directors whose terms shall expire at the
next regular district
director election. At the first
regular election
following the enlargement election, the
total number of
directors shall be as stated in the
principal act.
22-29-305. Specific
provisions relating to
enlargement,
merger and consolidation elections.
(a) The
elections effecting enlargement, merger or
consolidation shall be
governed by the following specific
rules:
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(iv) For enlargement elections, if the
voters of
the existing district
have approved by election a mill levy
to finance the
operation of the district, then the voters
of the area to be added
shall also be required at the
enlargement election
to approve the same mill levy. If a
majority of the voters
in the area to be added voting on
the proposition fails
to approve the mill levy, then the
enlargement, whether
or not approved under paragraph (iii)
of this subsection,
shall fail. This paragraph shall not
apply to an
enlargement in which no election is required
under W.S. 22-29-301(a);
41-10-102. Lands included in district.
(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 town.
(e) No area
within a district may be annexed to a
city or town, but
nothing herein contained shall be
construed as
preventing the dissolution of a district or
the exclusion
therefrom of any land therein as herein
authorized for the
purpose of permitting such an
annexation, or as prohibiting an annexation in accordance
with the provisions of
W.S. 41-10-152 through 41-10-157.
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Section 2. This act is
effective July 1, 2001.
(END)
Speaker of
the House President of
the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the
House.
Chief Clerk
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