Current through the 2024 legislative session
Section 22-29-401 - Dissolution procedure(a) Dissolution of a district may be initiated:(i) By a petition 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 district, requesting dissolution of the district, filed with the county commissioners. The petition process shall be governed by W.S. 22-29-105 through 22-29-108;(ii) By resolution of the district directors filed with the county commissioners when the district directors determine that it is in the best interest of the inhabitants of the district that the district be dissolved and liquidated;(iii) By resolution of the county commissioners if:(A) Either: (I) The district at the time of the regular district election has not elected district directors as required by the principal act; or(II) The territory within the district is uninhabited; and(B) The county commissioners determine that it is in the best interest of the people of the county that the district be dissolved and liquidated.(iv) Within five (5) business days after a petition is filed or a resolution of a county commission is adopted under this section, a copy shall be filed with the district secretary, if any, or with any other district officer who can with reasonable diligence be located;(v) If there are no qualified district director members, the county commissioners shall act as or appoint a board of trustees to act in behalf of the district.(b) Subject to subsection (c) of this section, dissolution of a district shall be initiated by resolution of the board of county commissioners if the director of the department of audit has notified the board of county commissioners of the district's failure to comply with the reporting requirements of W.S. 9-1-507, and the district has failed to comply with W.S. 9-1-507(a)(vii) by December 30 of that same calendar year. The board of county commissioners shall declare the board of directors vacant under W.S. 22-29-201, and shall fill the board by appointment under W.S. 22-29-202 for the purpose of dissolving the district.(c) A board of county commissioners may, by resolution, reinstate a district or cease dissolution procedures required under subsection (b) of this section in accordance with the following: (i) The district shall become compliant with the requirements of W.S. 9-1-507 by not later than April 1 of the year following the calendar year in which the district fails to comply with the annual reporting requirement under W.S. 9-1-507;(ii) Before a district is reinstated or before dissolution procedures are ceased under this subsection, the district shall provide a corrective action plan to the board of county commissioners, which shall approve the plan submitted by the district before proceeding under this subsection;(iii) No reinstatement of a district or cessation of dissolution procedures shall occur unless the department of audit certifies to the board of county commissioners in writing that the district has become compliant with the reporting requirements of W.S. 9-1-507;(iv) A district reinstated under this subsection shall be deemed to have never been dissolved;(v) The board of county commissioners may:(A) Allow the district to proceed with the board of directors appointed under subsection (b) of this section; or(B) Upon reinstatement, declare the board of directors vacant under W.S. 22-29-201. Upon a declaration of vacancy under this subparagraph, the board of county commissioners shall fill the board by appointment under W.S. 22-29-202.Amended by Laws 2024, ch. 89,§ 1, eff. 3/18/2024.Amended by Laws 2015 , ch. 77, § 1, eff. 7/1/2015.