HB0252 - Special districts-resort districts.

2001

State of Wyoming

01LSO-0513

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.

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

9 Section 1. W.S. 18-16-101 through 18-16-117 are
10 created to read:

12 CHAPTER 16

13 RESORT DISTRICTS

15 ARTICLE 1

16 IN GENERAL

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2 18-16-101. Definitions.

4 (a) As used in this act:

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;

12 (ii) "Board" means the board of directors of a
13 resort district;

15 (iii) "Bonds" means bonds, warrants, notes or
16 other evidences of indebtedness of a resort district;

18 (iv) "Commissioners" means the board of county
19 commissioners;

21 (v) "District" means a resort district as
22 organized under the terms of this act;

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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;

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 or a
14 person or the persons who are obligated to pay general
15 property taxes under a contract to purchase real property;

17 (viii) "Resort area" means an area that:

19 (A) Is an unincorporated area and is a
20 defined contiguous geographic area;

22 (B) Has a permanent population of less than
23 five hundred (500) according to the most recent federal
24 census;

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2 (C) Derives the major portion of its
3 economic well-being from businesses catering to the
4 recreational and personal needs of persons traveling to or
5 through the area;

7 (D) Does not include real property used for
8 manufacturing, milling, converting, producing, processing
9 or fabricating materials or the extraction or processing of
10 minerals.

12 (ix) "Service" means the operation and
13 maintenance of improvements and any other service
14 authorized by this act;

16 (x) "Written authorization" means an affidavit
17 filed with the election official conducting the election
18 setting forth a general legal description of the property
19 owned, the street or common name address for the property,
20 the name or names of all owners of the property described,
21 and a statement that the person signing the written
22 authorization is the only person having authority to act on
23 behalf of the owner or owners of the property;

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1 (xi) "This act" means W.S. 18-16-101 through
2 18-16-117.

4 18-16-102. Districts authorized; general function.

6 (a) Any resort area in this state may be formed into
7 a resort district to perform any of the following
8 functions:

10 (i) Acquire, construct, operate and maintain
11 improvements of local necessity and convenience;

13 (ii) Obtain improvements or services hereunder
14 by contracting for the same with any city, town, county or
15 other entity;

17 (iii) Furnish or perform any special local
18 service which enhances the use or enjoyment of the resort
19 area.

21 (b) A district is a separate entity and a political
22 subdivision of the state. A district shall be subject to
23 and covered by the Wyoming Governmental Claims Act.

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1 (c) A district shall not include any parcel of
2 agricultural property. For purposes of this section,
3 "agricultural property" means any parcel of real property
4 greater than ten (10) acres, which was assessed as
5 agricultural land under W.S. 39-13-103(b)(x) in the two (2)
6 calendar years before filing of the petition for formation
7 of a resort district, and which at the time of filing of
8 the petition, is being used and employed for the primary
9 purpose of obtaining a monetary profit as agricultural or
10 horticultural use or any combination thereof.

12 18-16-103. Jurisdiction.

14 Unless in conflict with a provision of this article, the
15 Special District Elections Act of 1994, W.S. 22-29-101
16 through 22-29-601, shall govern the formation of resort
17 districts.

19 18-16-104. Petition for formation; number of
20 signatures required; filing fee.

22 A petition to form a district shall be in accordance with
23 the provisions of W.S. 22-29-105. The provisions of W.S.
24 22-29-109(e) relating to protest resulting in failure of

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1 formation of a district shall not apply to proceedings for
2 the formation of a resort district. The petition shall be
3 accompanied by a filing fee of two hundred dollars
4 ($200.00).

6 18-16-105. Formation election; procedures.

8 (a) Each landowner within the proposed district shall
9 have one (1) vote per parcel of real property owned by that
10 landowner.

12 (b) If a multi-unit condominium property, as
13 identified in W.S. 34-20-101 through 34-20-104, is located
14 on a parcel of real property within the proposed district,
15 that multi-unit condominium property shall be allocated one
16 (1) vote to be exercised in accordance with the bylaws of
17 the condominium association.

19 (c) The formation of the district is approved if:

21 (i) A majority of the total votes cast on the
22 proposition vote "for" formation; or

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1 (ii) A majority of the total votes cast on the
2 proposition vote "against" formation, but a majority of
3 votes cast, excluding votes cast by owners of single-family
4 homes, are in favor of organization.

6 (d) If formation of the district is approved pursuant
7 to paragraph (c)(ii) of this section, the district shall
8 not include owners of single family dwellings.

10 18-16-106. Powers of district.

12 (a) Each district may:

14 (i) Have and use a corporate seal;

16 (ii) Sue and be sued, and be a party to suits,
17 actions and proceedings;

19 (iii) Purchase insurance;

21 (iv) Enter into contracts for the purpose of
22 providing any authorized improvements and the maintenance
23 and operation thereof, or otherwise to carry out the
24 purposes of the district;

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2 (v) Accept from any public or private source
3 grants, loans, contributions and any other benefits
4 available for use in the furtherance of its purposes;

6 (vi) Borrow money and incur indebtedness and
7 other obligations and evidence the same by certificates,
8 notes or debentures, and issue bonds;

10 (vii) Require any person or entity desiring to
11 conduct business within the district to obtain a business
12 license from the board before conducting business within
13 the district;

15 (viii) Levy and collect an assessment from the
16 proceeds of each lot transferred or sold within the
17 district pursuant to such procedures as may be established
18 by the board;

20 (ix) Charge interest and levy fines and
21 penalties on unpaid assessments;

23 (x) Create and enforce liens for unpaid
24 assessments;

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2 (xi) Adopt bylaws not inconsistent with law;

4 (xii) Establish and collect charges for water,
5 sanitation and related services and the use of improvements
6 or services provided by the district, including authority
7 to change the amount or rate thereof, and to pledge the
8 revenues therefrom for the payment of district
9 indebtedness;

11 (xiii) Acquire and own or lease real or personal
12 property, including easements and rights-of-way, within or
13 without the district for district purposes;

15 (xiv) Supply the inhabitants of the district
16 with water for domestic and any other lawful use;

18 (xv) Provide for the collection, treatment or
19 disposal of sewage, waste and storm water of the district
20 and its inhabitants;

22 (xvi) Provide for the collection and disposal of
23 garbage or refuse matter;

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1 (xvii) Provide all services necessary to protect
2 the health and welfare of residents in the district and the
3 value of property therein and to enter into agreements with
4 any public or private agency, institution or person for the
5 furnishing of such services;

7 (xviii) Provide for public recreation by means
8 of parks, including but not limited to playgrounds, golf
9 courses, swimming pools or recreation buildings;

11 (xix) Provide for street lighting;

13 (xx) Provide for the opening, widening,
14 extending, straightening and surfacing in whole or part of
15 any street and snow removal or clearance for the same or
16 other roads or streets;

18 (xxi) Provide for the construction and
19 improvement of bridges, culverts, curbs, gutters, drains
20 and works incidental to any street improvement;

22 (xxii) Provide subdivision control;

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1 (xxiii) Provide for the development and
2 marketing of the district;

4 (xxiv) With the approval of the board of county
5 commissioners, establish and collect charges for the use of
6 any improvement to cover the costs of operating and
7 maintaining the improvement. Following approval of the
8 county commissioners and upon application by a district, an
9 assessment roll shall be created by the county assessor's
10 office to facilitate the collection of the improvement
11 operation and maintenance charges, whether or not the
12 assessor has created an assessment roll for the collection
13 of indebtedness;

15 (xxv) Do any and all other things necessary to
16 carry out the purposes of this act.

18 18-16-107. District board of directors.

20 The district shall be managed and controlled by a board of
21 directors consisting of five (5) members. The initial board
22 shall consist of five (5) members elected at the
23 organizational election as provided in W.S. 22-29-111. Two
24 (2) shall serve for three (3) years, two (2) for four (4)

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1 years and one (1) for five (5) years after formation of the
2 district and until their successors are elected and
3 qualified at the regular scheduled subsequent director
4 election as provided in W.S. 22-29-112. Each year,
5 commencing with the third anniversary of the first director
6 election an election shall be held to elect a director to
7 fill the vacancy resulting from expiration of the term of
8 the director whose term expires at that time. A vacancy
9 occurring on the board during the term of an original
10 director or his successor shall be filled as provided in
11 the Special District Elections Act of 1994.

13 18-16-108. Compensation; officers; rules and
14 regulations.

16 (a) The members of the board shall serve without
17 compensation but shall receive reimbursement for actual and
18 necessary expenses incurred in connection with the
19 performance of their duties.

21 (b) The board shall adopt rules, regulations and
22 procedures for the district whether or not included in its
23 bylaws, including those to govern the use and enjoyment of

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1 public improvements, facilities and services of the
2 district.

4 18-16-109. Cost assessed in accordance with benefits.

6 When an improvement proposed by the board will benefit
7 specific property in the district to a greater extent than
8 other property the improvement may be financed with an
9 assessment against the property specially benefited upon a
10 frontage, zone or other equitable bases, in accordance with
11 benefits.

13 18-16-110. Resolution of intent to provide for
14 special assessment.

16 (a) The board may declare by resolution their intent
17 to order improvements to be paid for by special assessment.
18 The resolution shall specify:

20 (i) The nature of the improvement proposed;

22 (ii) The extent of the district to be improved;

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1 (iii) The probable cost per unit of measurement
2 as shown by estimates of a qualified engineer;

4 (iv) The time in which the cost will be payable;
5 and

7 (v) The time when a resolution authorizing the
8 improvements will be considered.

10 (b) Any resolution or directive in the premises may
11 be modified, confirmed or rescinded at any time prior to
12 the passage of the resolution authorizing the improvements.

14 18-16-111. Notice of resolution; hearing; objections.

16 (a) At the request of the board the county clerk
17 shall give notice, by advertisement once in a newspaper of
18 general circulation in the county, to the owners of the
19 property to be assessed to provide:

21 (i) The nature of the improvement proposed;

23 (ii) The extent of the district to be improved;

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1 (iii) The probable cost of the improvement;

3 (iv) The time at which the cost will be payable;

5 (v) The time when a resolution authorizing the
6 improvements will be considered by the board;

8 (vi) That maps, estimates and schedules showing
9 the approximate amounts to be assessed and all resolutions
10 and proceedings are on file and may be seen or examined at
11 the office of the county clerk or other designated place;
12 and

14 (vii) That all complaints and objections
15 concerning the proposed improvement by owners of property
16 subject to assessment will be heard and considered by the
17 board before final action, under the provisions of the
18 Wyoming Administrative Procedure Act.

20 (b) If objections to the improvement are made by
21 owners or agents representing property subject to thirty
22 percent (30%) or more of the projected dollar assessments,
23 the improvement may not be authorized and a new resolution
24 for the same or a similar purpose encompassing property

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1 representing objections may not be considered within one
2 (1) year thereafter.

4 18-16-112. Notice of apportionment; assessment roll.

6 (a) A copy of the resolution as finally adopted shall
7 be recorded by the county clerk who shall within sixty (60)
8 days after the adoption of the resolution by written
9 notice, mailed or otherwise delivered, notify each owner of
10 property to be assessed of the amount of assessment, the
11 purpose for which the levy is made, the tax against each
12 lot or parcel of land, and the date it becomes delinquent.
13 The county clerk shall also notify each owner of property
14 of the amount of any operation and maintenance charges to
15 be assessed within sixty (60) days after the assessment is
16 approved by the board of county commissioners under W.S.
17 18-16-106(a)(xxv).

19 (b) The county assessor shall prepare a local
20 assessment roll showing real property assessed, the total
21 amount of assessment and operation and maintenance charges
22 if approved under W.S. 18-16-106(a)(xxv), the amount of
23 each installment of principal and interest if the same is
24 payable in installments, and the date when each installment

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1 will become due, and deliver the same, duly certified, to
2 the county treasurer for collection.

4 18-16-113. Annual tax levy authorized; certification
5 and collection; treasurer designated.

7 The board of directors may annually levy and collect taxes
8 for corporate purposes upon property within the limits of
9 the district. This board shall file the resolution in the
10 office of the county clerk who shall record the same in the
11 county where the district lies. The board shall also
12 certify the same to the county assessor of the counties in
13 which the district is located, who shall extend the same
14 upon the county tax list. The same shall be collected by
15 the county treasurer in the same manner as state and county
16 taxes. The county treasurer of the county in which the
17 greater portion of the area of the district is located
18 shall pay the same to the district ordering the assessment
19 or levy and the collection. The payment of the collections
20 shall be made monthly to the treasurer of the district and
21 paid into its depository to the credit of the district.

23 18-16-114. Bond elections; resolution for submission
24 of proposition to voters.

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2 By resolution of its board a district may submit to its
3 qualified voters, by mail ballot or at an election on a
4 date authorized under W.S. 22-21-103, as determined by the
5 board of county commissioners, the proposition of issuing
6 bonds pursuant to this act to provide funds for the
7 acquisition, construction, improving or financing of
8 improvements as well as performing services for the benefit
9 of the residents of the district, including any or all
10 expenses incidental thereto or connected therewith.

12 18-16-115. Contents of resolution; notice of
13 election.

15 (a) The resolution shall:

17 (i) State the purpose for which the bonds are
18 proposed to be issued;

20 (ii) State the estimated amount of money to be
21 raised by the bond issue;

23 (iii) State the principal amount of the bonds;

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1 (iv) State the maximum rate of interest on the
2 bonds;

4 (v) Fix the date of the election;

6 (vi) Fix the manner of holding the election.

8 (b) The notice of bond election shall include the
9 following information:

11 (i) The amount of the proposed bond issue;

13 (ii) The maximum maturity of the bonds;

15 (iii) Statement by the board of the need for the
16 issuance of the bonds and the purposes for which the
17 proceeds of the bonds shall be devoted;

19 (iv) A description of the exterior boundaries of
20 the district;

22 (v) A general description of the proposed
23 improvement, utility or local service to be provided by the
24 district.

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2 18-16-116. Election procedures.

4 The bond elections shall be called and conducted, and the
5 bonds shall be issued, by the board of county commissioners
6 as set forth in W.S. 18-12-122 through 18-12-137.

8 18-16-117. Rules and regulations; enforcement.

10 The board may adopt reasonable rules and regulations not
11 inconsistent with law for the government and control of the
12 district organization and to facilitate the collection of
13 assessments or charges. All rules and regulations adopted
14 pursuant to this section shall be promulgated in accordance
15 with the Wyoming Administrative Procedure Act and filed
16 with the county clerk for each county in which the district
17 is located.

19 Section 2. W.S. 22-29-103(a) by creating a new
20 paragraph (xii) and by renumbering (xii) as (xiii) and
21 34-1-142 by creating a new subsection (j) are amended to
22 read:

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1 22-29-103. Applicability to special districts;
2 general provisions.

4 (a) This act applies to the following districts as
5 specified in subsection (b) of this section:

7 (xii) Resort districts;

9 ~~(xii)~~(xiii) Other districts as specified by law.

11 34-1-142. Instrument transferring title to real
12 property; procedure; exceptions; confidentiality.

14 (j) The statement may be used by a resort district
15 board of directors to levy an assessment pursuant to W.S.
16 18-16-106(a)(viii).

18 Section 3. This act is effective July 1, 2001.

20 (END)

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