1 | 1 | | 2025 |
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2 | 2 | | STATE OF WYOMING |
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3 | 3 | | 25LSO-05901HB0298 |
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4 | 4 | | HOUSE BILL NO. HB0298 |
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5 | 5 | | Centralized electronic notice system. |
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6 | 6 | | Sponsored by: Representative(s) Singh and Styvar and |
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7 | 7 | | Senator(s) Hutchings |
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8 | 8 | | A BILL |
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9 | 9 | | for |
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10 | 10 | | 1 AN ACT relating to the administration of government; |
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11 | 11 | | 2 requiring the secretary of state to establish a centralized |
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12 | 12 | | 3 electronic notice system; requiring preservation of notices |
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13 | 13 | | 4 as specified; providing for governmental entities and other |
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14 | 14 | | 5 persons to publish public or legal notices on the |
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15 | 15 | | 6 centralized electronic notice system in lieu of publication |
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16 | 16 | | 7 in a newspaper as specified; authorizing fees; providing |
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17 | 17 | | 8 definitions; making conforming amendments; requiring |
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18 | 18 | | 9 rulemaking; providing an appropriation; and providing for |
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19 | 19 | | 10 effective dates. |
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20 | 20 | | 11 |
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21 | 21 | | 12 |
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22 | 22 | | 13 |
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23 | 23 | | 14W.S. 2-7-207, 9-1-309 and 9-1-310 are |
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24 | 24 | | 15 created to read: 2025STATE OF WYOMING25LSO-05902HB02981 |
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25 | 25 | | 2 |
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26 | 26 | | 3 |
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27 | 27 | | 4 Any person who is required to provide notice by publication |
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28 | 28 | | 5 in a newspaper may publish the notice on the centralized |
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29 | 29 | | 6 electronic notice system established under W.S. 9-1-309. |
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30 | 30 | | 7 Publication on the centralized electronic notice system |
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31 | 31 | | 8 shall satisfy the applicable publication requirement, |
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32 | 32 | | 9 pursuant to W.S. 9-1-310. |
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33 | 33 | | 10 |
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34 | 34 | | 11 |
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35 | 35 | | 12 |
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36 | 36 | | 13 |
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37 | 37 | | 14 |
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38 | 38 | | 15 (a) The secretary of state shall create and maintain |
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39 | 39 | | 16 a centralized electronic notice system on the secretary of |
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40 | 40 | | 17 state's official website. |
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41 | 41 | | 18 |
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42 | 42 | | 19 (b) The centralized electronic notice system shall |
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43 | 43 | | 20 allow: |
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44 | 44 | | 21 |
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45 | 45 | | 22 (i) Legal or public notice by electronic means |
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46 | 46 | | 23 by any governmental entity or other person when the notice 2025STATE OF WYOMING25LSO-05903HB0298 |
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47 | 47 | | 1 is authorized or permitted by law, rule or regulation to be |
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48 | 48 | | 2 made on the centralized electronic notice system or by |
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49 | 49 | | 3 publication; |
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50 | 50 | | 4 |
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51 | 51 | | 5 (ii) Any notice posted to the system to remain |
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52 | 52 | | 6 posted for not less than the total period of time required |
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53 | 53 | | 7 for the notice to comply with the applicable law, rule or |
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54 | 54 | | 8 regulation; |
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55 | 55 | | 9 |
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56 | 56 | | 10 (iii) Members of the public to subscribe to the |
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57 | 57 | | 11 system and be notified when notices are posted to the |
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58 | 58 | | 12 system. |
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59 | 59 | | 13 |
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60 | 60 | | 14 (c) The secretary of state shall preserve all notices |
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61 | 61 | | 15 posted to the centralized electronic notice system for a |
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62 | 62 | | 16 period of not less than seven (7) years. |
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63 | 63 | | 17 |
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64 | 64 | | 18 (d) The secretary of state shall promulgate rules |
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65 | 65 | | 19 regulating the centralized electronic notice system in |
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66 | 66 | | 20 accordance with this section and may receive technical |
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67 | 67 | | 21 support from the department of enterprise technology |
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68 | 68 | | 22 services as necessary. |
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69 | 69 | | 23 2025STATE OF WYOMING25LSO-05904HB02981 (e) The secretary of state shall collect a reasonable |
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70 | 70 | | 2 fee of not more than ten dollars ($10.00) to publish legal |
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71 | 71 | | 3 or public notice on the centralized electronic notice |
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72 | 72 | | 4 system. |
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73 | 73 | | 5 |
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74 | 74 | | 6 |
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75 | 75 | | 7 |
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76 | 76 | | 8 |
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77 | 77 | | 9 |
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78 | 78 | | 10 (a) If any law, rule or regulation requires or |
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79 | 79 | | 11 permits a governmental entity or any other person to |
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80 | 80 | | 12 provide public or legal notice to be made on the |
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81 | 81 | | 13 centralized electronic notice system or by publication in a |
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82 | 82 | | 14 newspaper, the governmental entity or person may publish |
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83 | 83 | | 15 the notice on the centralized electronic notice system |
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84 | 84 | | 16 established under W.S. 9-1-309. Publication on the |
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85 | 85 | | 17 centralized electronic notice system shall satisfy all |
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86 | 86 | | 18 requirements that the publication be made in a newspaper. |
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87 | 87 | | 19 If a governmental entity or any other person provides |
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88 | 88 | | 20 notice on the centralized electronic notice system the |
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89 | 89 | | 21 secretary of state shall provide the governmental entity or |
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90 | 90 | | 22 person proof of the notice which shall satisfy any legal |
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91 | 91 | | 23 requirement regarding proof of publication in a newspaper. 2025STATE OF WYOMING25LSO-05905HB0298 |
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92 | 92 | | 1 When a notice is published on the centralized electronic |
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93 | 93 | | 2 notice system there shall be no additional requirement to |
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94 | 94 | | 3 publish the notice in a newspaper but this section shall |
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95 | 95 | | 4 not prohibit a governmental entity or other person from |
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96 | 96 | | 5 publishing the notice in a newspaper. |
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97 | 97 | | 6 |
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98 | 98 | | 7 (b) Beginning January 1, 2030, all public and legal |
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99 | 99 | | 8 notices required by a law, rule or regulation to be |
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100 | 100 | | 9 published in a newspaper shall be published on the |
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101 | 101 | | 10 centralized electronic notice system. |
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102 | 102 | | 11 |
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103 | 103 | | 12 (c) When a governmental entity or person is required |
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104 | 104 | | 13 by law, rule or regulation to designate a newspaper for the |
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105 | 105 | | 14 publication of notices, the governmental entity or person |
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106 | 106 | | 15 may designate the centralized electronic notice system in |
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107 | 107 | | 16 lieu of designating a newspaper. On and after January 1, |
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108 | 108 | | 17 2030, no governmental entity or person shall be required to |
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109 | 109 | | 18 designate a newspaper in accordance with W.S. 15-1-110 or |
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110 | 110 | | 19 W.S. 18-3-517. |
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111 | 111 | | 20 |
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112 | 112 | | 21W.S. 1-6-201, 1-16-402, 1-17-311, |
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113 | 113 | | 22 1-17-312, 1-18-101(a)(ii), 1-21-601, 1-21-1210(a)(i)(C), |
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114 | 114 | | 23 1-26-812(c)(ii), 1-33-108, 1-37-106(a)(ii), 1-38-105(a), 2025STATE OF WYOMING25LSO-05906HB0298 |
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115 | 115 | | 1 2-1-205(d), 2-6-122(d), 2-7-505, 2-7-703(a), 2-9-101, |
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116 | 116 | | 2 2-9-202, 2-9-204(b), 2-12-102, 4-10-507(a)(ii), |
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117 | 117 | | 3 6-2-711(e)(i), 8–1-102(a) by creating a new paragraph |
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118 | 118 | | 4 (xxiii), 9-1-303 by creating a new subsection (g), |
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119 | 119 | | 5 9-1-305(a) by creating a new paragraph (viii) and (c)(i), |
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120 | 120 | | 6 9-1-507(j)(iv), 9-4-814, 9-4-818(b), 9-23-104(b), |
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121 | 121 | | 7 10-5-101(a)(iv), 11-5-104(a), 11-5-303(c)(v), |
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122 | 122 | | 8 11-6-203(a)(ii), 11-16-102(a)(vi), 11-16-134(c)(intro), |
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123 | 123 | | 9 11-24-114(a), 11-31-212(b), 11-31-301(b)(intro), 11-33-103, |
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124 | 124 | | 10 11-35-109, 12-4-104(a), 13-2-207, 13-2-402(b), |
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125 | 125 | | 11 13-2-702(b)(iii), 13-2-704, 13-4-101(c), 13-4-106(b), |
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126 | 126 | | 12 13-4-107, 13-4-109(c), 13-4-604(b), 13-4-701(a), |
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127 | 127 | | 13 13-5-425(b)(iii), 13-5-502(b), 13-5-519(b), 13-12-112(b), |
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128 | 128 | | 14 15-1-110(a), 15-1-112(a) and (b)(intro), 15-1-113(b), |
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129 | 129 | | 15 15-1-116(a), 15-1-205(b)(ii)(A), 15-1-206(a), 15-1-405(b), |
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130 | 130 | | 16 15-1-416(c), 15-1-421(b), 15-1-602(b), 15-2-204(a)(intro), |
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131 | 131 | | 17 15-3-101, 15-6-202(d), 15-6-301(b), 15-6-405(a), |
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132 | 132 | | 18 15-6-410(b), 15-6-417(b), 15-6-418(a), 15-6-435, 15-6-439, |
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133 | 133 | | 19 15-6-501, 15-6-603(b), 15-6-604(b), 15-7-106(a), 15-7-107, |
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134 | 134 | | 20 15-7-113, 15-7-207, 15-7-303, 15-9-109(b)(intro), |
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135 | 135 | | 21 15-9-116(a)(ii)(intro), 15-9-124, 15-9-136, 15-9-208(c), |
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136 | 136 | | 22 15-11-301(a)(iv), 16-4-109(a), 16-4-114, 16-4-404(b), |
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137 | 137 | | 23 16-6-116(a)(ii), 16-10-105(e), 17-10-112, 17-16-141(a) and 2025STATE OF WYOMING25LSO-05907HB0298 |
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138 | 138 | | 1 (b), 17-16-1407(b)(i), 17-19-1408(b)(i), 17-20-729(b)(iii), |
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139 | 139 | | 2 17-29-704(b)(i), 17-30-903(b)(i), 18-3-501(d), 18-3-515, |
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140 | 140 | | 3 18-3-516(a) and (f), 18-3-518(a), 18-3-519(a), |
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141 | 141 | | 4 18-3-524(a)(ii), 18-3-525(a)(ii)(intro), 18-3-704(a)(i), |
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142 | 142 | | 5 18-4-105, 18-4-306, 18-4-405, 18-4-502, 18-4-504(a), |
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143 | 143 | | 6 18-5-202(b) and (c), 18-5-503(a)(ii), 18-6-101(b), |
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144 | 144 | | 7 18-6-201(a), 18-10-216, 18-12-105(b), 18-12-117(a)(intro), |
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145 | 145 | | 8 18-15-106(c), 18-15-111(d)(i)(C), 18-16-112(a)(intro), |
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146 | 146 | | 9 21-3-110(a)(i), 21-3-118(a)(iii), 21-6-206, |
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147 | 147 | | 10 21-6-207(b)(vii), 21-13-103, 21-13-704, 21-18-303(b), |
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148 | 148 | | 11 21-18-312(g) and (j), 21-18-314(d), 21-20-110(b), |
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149 | 149 | | 12 22-2-109(a) and (b)(intro), 22-3-104(j), 22-4-104, |
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150 | 150 | | 13 22-4-105, 22-6-105, 22-7-102(a), 22-12-101, 22-16-122(g), |
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151 | 151 | | 14 22-18-111(a)(i), (ii) and (iii)(C), 22-20-104, 22-21-104, |
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152 | 152 | | 15 22-23-802, 22-24-318(b), 22-24-415(b), |
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153 | 153 | | 16 22-29-109(a)(ii)(intro), 22-29-110(a) and (c), 22-29-112(c) |
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154 | 154 | | 17 and (e), 22-29-117(b), 24-1-101(a), 24-1-132(e), |
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155 | 155 | | 18 24-3-110(a), 24-3-204(a), 24-5-109(a), 24-8-103, |
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156 | 156 | | 19 26-3-117(c), 26-31-109(a)(iii), 27-4-406(b)(i), |
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157 | 157 | | 20 29-7-205(a)(intro), 30-2-306, 30-5-111(d), 31-5-1212(b), |
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158 | 158 | | 21 31-11-104, 31-13-106(b), 31-13-108(a), 31-13-109(d)(intro), |
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159 | 159 | | 22 31-18-707, 34-4-104(a), 34-4-109, 34-14-210(b)(ii), |
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160 | 160 | | 23 34-23-102(c), 34-24-123(a), 34.1-7-210(b)(v), 35-2-340, 2025STATE OF WYOMING25LSO-05908HB0298 |
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161 | 161 | | 1 35-2-417, 35-2-709(b), 35-3-105, 35-3-121, 35-3-124(c), |
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162 | 162 | | 2 35-8-212, 35-8-318, 35-9-206, 35-11-313(f)(ii)(N)(I), |
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163 | 163 | | 3 35-11-406(g), (j) and (p)(ii), 35-11-415(b)(xi)(A), |
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164 | 164 | | 4 35-11-502(g), (j) and (k), 35-11-514(a)(intro), |
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165 | 165 | | 5 35-11-601(a), 35-11-1204(b), 35-11-1604(a) and (d), |
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166 | 166 | | 6 35-11-1609(d), 35-12-108(c), 35-24-110(a), 36-3-104, |
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167 | 167 | | 7 36-5-114(d)(ii), 36-7-322, 36-7-401, 36-7-504, 36-9-104, |
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168 | 168 | | 8 37-2-205(e), 37-5-503(g), 37-5-505(h), 37-7-114, 37-7-128, |
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169 | 169 | | 9 37-13-116, 37-13-125(b), 37-13-128, 37-17-101(a)(iii), |
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170 | 170 | | 10 39-13-108(e)(ii)(A) and (v)(B)(II), 39-15-108(e)(i), |
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171 | 171 | | 11 39-15-203(a)(i)(C), (ii)(D), (v)(C) and (vi)(E), |
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172 | 172 | | 12 39-15-211(b)(iv), 39-16-108(e), 39-16-203(a)(i)(C), (iv)(C) |
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173 | 173 | | 13 and (v)(E), 39-16-211(b)(iv), 41-3-106(d), 41-3-107(b), |
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174 | 174 | | 14 41-3-114(f), 41-3-115(o), 41-3-212, 41-3-401(c), |
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175 | 175 | | 15 41-3-402(b), 41-3-702(a), 41-3-755, 41-3-758, 41-3-772(b), |
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176 | 176 | | 16 41-3-776(a), 41-3-913(b), 41-3-914(a), 41-3-915(a)(intro) |
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177 | 177 | | 17 and (d), 41-3-932(a) and (b), 41-3-1006(d), 41-4-302, |
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178 | 178 | | 18 41-4-309, 41-4-310, 41-4-506, 41-4-511, 41-4-514(b) and |
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179 | 179 | | 19 (e), 41-7-204(a)(ii), 41-7-206, 41-7-308, 41-7-412, |
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180 | 180 | | 20 41-7-502, 41-7-602, 41-7-832(a)(ii), 41-7-854, 41-7-916, |
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181 | 181 | | 21 41-7-921, 41-7-933, 41-7-1005, 41-8-101(d), |
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182 | 182 | | 22 41-9-104(a)(ii), 41-9-109, 41-9-128, 41-9-224, 41-9-245, |
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183 | 183 | | 23 41-9-260, 41-9-303(a)(iii), 41-9-605, 41-10-101(a)(xiv), 2025STATE OF WYOMING25LSO-05909HB0298 |
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184 | 184 | | 1 41-10-110(g), 41-10-140 and 41-12-605(c) are amended to |
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185 | 185 | | 2 read: |
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186 | 186 | | 3 |
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187 | 187 | | 4 |
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188 | 188 | | 5 |
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189 | 189 | | 6 All notices by law directed, authorized or |
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190 | 190 | | 7 permitted to be made by publication may be published |
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191 | 191 | | 8 |
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192 | 192 | | 9 |
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193 | 193 | | 10 |
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194 | 194 | | 11 |
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195 | 195 | | 12 |
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196 | 196 | | 13nce each week during the period of time |
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197 | 197 | | 14 for which the notice is required by law to be published. |
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198 | 198 | | 15 All such weekly publications made in a newspaper issued |
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199 | 199 | | 16 more than once each week shall be published in the same |
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200 | 200 | | 17 issue in each succeeding week for the required publication |
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201 | 201 | | 18 period. |
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202 | 202 | | 19 |
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203 | 203 | | 20 |
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204 | 204 | | 21 |
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205 | 205 | | 22 2025STATE OF WYOMING25LSO-059010HB0298 |
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206 | 206 | | 1 A party against whom a judgment or order has been rendered |
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207 | 207 | | 2 without service other than by publication in a newspaper |
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208 | 208 | | 3 |
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209 | 209 | | 4 may have the same opened and be allowed to defend within |
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210 | 210 | | 5 six (6) months after the date of the judgment or order. |
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211 | 211 | | 6 Before the judgment or order can be opened, the applicant |
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212 | 212 | | 7 shall give notice to the adverse party of his intended |
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213 | 213 | | 8 application, file a full answer to the petition, pay all |
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214 | 214 | | 9 costs if the court requires them to be paid and make it |
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215 | 215 | | 10 appear to the satisfaction of the court that during the |
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216 | 216 | | 11 pendency of the action he had no actual notice thereof in |
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217 | 217 | | 12 time to appear in court and make his defense. Each party |
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218 | 218 | | 13 may present affidavits. |
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219 | 219 | | 14 |
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220 | 220 | | 15 |
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221 | 221 | | 16 |
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222 | 222 | | 17 |
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223 | 223 | | 18 When an officer levies an execution upon any goods and |
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224 | 224 | | 19 chattels which afterwards remain unsold for any reasonable |
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225 | 225 | | 20 cause, the officer may for his own security, take a bond |
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226 | 226 | | 21 from the defendant, with security he deems sufficient to |
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227 | 227 | | 22 the effect that the property shall be delivered to the |
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228 | 228 | | 23 officer holding the execution for the sale of same at the 2025STATE OF WYOMING25LSO-059011HB0298 |
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229 | 229 | | 1 time and place appointed by the officer, either by notice |
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230 | 230 | | 2 given in writing to the defendant in execution or by |
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231 | 231 | | 3 advertisement printed in a newspaper published in the |
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232 | 232 | | 4 county, |
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233 | 233 | | 5 naming the day and place of sale. If the |
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234 | 234 | | 6 defendant fails to deliver the goods and chattels at the |
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235 | 235 | | 7 time and place mentioned in the notice or to pay to the |
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236 | 236 | | 8 officer holding the execution the full value of the goods |
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237 | 237 | | 9 and chattels or the amount of the debt and costs, the bond |
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238 | 238 | | 10 shall be considered broken and may be proceeded on as in |
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239 | 239 | | 11 other cases. |
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240 | 240 | | 12 |
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241 | 241 | | 13 |
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242 | 242 | | 14 |
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243 | 243 | | 15 Unless a private sale is ordered as provided in W.S. |
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244 | 244 | | 16 1-17-314, the officer who levies execution upon goods and |
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245 | 245 | | 17 chattels, shall cause public notice to be given of the time |
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246 | 246 | | 18 and place of sale at least ten (10) days before the day of |
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247 | 247 | | 19 sale. The notice shall be given by advertisement |
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248 | 248 | | 20 in a newspaper |
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249 | 249 | | 21 published in the county or, if no newspaper is published |
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250 | 250 | | 22 therein, then in a newspaper of general circulation in the |
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251 | 251 | | 23 county. 2025STATE OF WYOMING25LSO-059012HB0298 |
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252 | 252 | | 1 |
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253 | 253 | | 2 |
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254 | 254 | | 3 |
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255 | 255 | | 4 |
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256 | 256 | | 5 |
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257 | 257 | | 6 (a) No lands or tenements shall be sold by virtue of |
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258 | 258 | | 7 any execution or decree of foreclosure unless: |
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259 | 259 | | 8 |
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260 | 260 | | 9 (ii) The time and place of holding the sale was |
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261 | 261 | | 10 previously advertised for four (4) consecutive weeks |
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262 | 262 | | 11 in a legal |
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263 | 263 | | 12 newspaper of general circulation in the county where the |
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264 | 264 | | 13 lands and tenements are situate; and |
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265 | 265 | | 14 |
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266 | 266 | | 15 |
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267 | 267 | | 16 |
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268 | 268 | | 17 The officer having levied upon goods and chattels by virtue |
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269 | 269 | | 18 of an execution shall without delay give public notice by |
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270 | 270 | | 19 advertisement |
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271 | 271 | | 20 |
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272 | 272 | | 21 county where the property is to be sold. The notice shall |
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273 | 273 | | 22 state the time and place of sale, describe the goods and 2025STATE OF WYOMING25LSO-059013HB0298 |
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274 | 274 | | 1 chattels, and shall be published at least ten (10) days |
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275 | 275 | | 2 before the day of sale. |
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276 | 276 | | 3 |
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277 | 277 | | 4 |
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278 | 278 | | 5 |
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279 | 279 | | 6 |
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280 | 280 | | 7 |
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281 | 281 | | 8 (a) Upon regaining lawful possession of the rental |
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282 | 282 | | 9 unit following termination of the rental agreement, the |
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283 | 283 | | 10 owner may immediately dispose of any trash or property the |
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284 | 284 | | 11 owner reasonably believes to be hazardous, perishable or |
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285 | 285 | | 12 valueless and abandoned. Any property remaining within the |
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286 | 286 | | 13 rental unit after termination of the rental agreement shall |
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287 | 287 | | 14 be presumed to be both valueless and abandoned. Any |
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288 | 288 | | 15 valuable property may be removed from the residential |
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289 | 289 | | 16 rental unit and shall thereafter be disposed of as follows: |
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290 | 290 | | 17 |
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291 | 291 | | 18 (i) The owner shall provide written notice to |
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292 | 292 | | 19 the renter in accordance with this paragraph, describing |
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293 | 293 | | 20 the property claimed to be abandoned and stating that the |
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294 | 294 | | 21 property shall be disposed of after seven (7) days from the |
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295 | 295 | | 22 date of service of the notice if the renter or his agent |
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296 | 296 | | 23 does not, within the seven (7) day period, take possession 2025STATE OF WYOMING25LSO-059014HB0298 |
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297 | 297 | | 1 of the property or notify the owner in writing of the |
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298 | 298 | | 2 renter's intent to take possession of the property. The |
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299 | 299 | | 3 notice provided by the owner under this paragraph shall be |
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300 | 300 | | 4 deemed served: |
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301 | 301 | | 5 |
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302 | 302 | | 6 (C) On the date the notice is published |
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303 | 303 | | 7 |
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304 | 304 | | 8 published in the county or widely circulated in the county |
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305 | 305 | | 9 where the residential rental unit is located. |
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306 | 306 | | 10 |
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307 | 307 | | 11 |
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308 | 308 | | 12 |
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309 | 309 | | 13 |
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310 | 310 | | 14 (c) No railroad shall abandon, close or fail to |
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311 | 311 | | 15 maintain any other existing crossing which has been |
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312 | 312 | | 16 maintained or recognized by the railroad for more than five |
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313 | 313 | | 17 (5) years prior to the effective date of this act without: |
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314 | 314 | | 18 |
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315 | 315 | | 19 (ii) Advertising its intended action |
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316 | 316 | | 20 in a newspaper of |
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317 | 317 | | 21 general circulation in the county of the crossing; and |
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318 | 318 | | 22 2025STATE OF WYOMING25LSO-059015HB02981 |
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319 | 319 | | 2 |
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320 | 320 | | 3 |
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321 | 321 | | 4 Within thirty (30) days after a receiver is appointed and |
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322 | 322 | | 5 qualified if the court so orders, the receiver shall |
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323 | 323 | | 6 publish for three (3) weeks |
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324 | 324 | | 7 in a newspaper of the county in which he |
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325 | 325 | | 8 is appointed a notice that he is appointed receiver, |
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326 | 326 | | 9 stating the date of the appointment and requiring all |
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327 | 327 | | 10 persons having claims against the person, company, |
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328 | 328 | | 11 corporation or partnership for which the receiver is |
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329 | 329 | | 12 appointed to exhibit their claims to the receiver within |
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330 | 330 | | 13 the four (4) months from the date of the first publication |
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331 | 331 | | 14 of the notice, and if the claims are not exhibited within |
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332 | 332 | | 15 the four (4) months they are forever barred from |
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333 | 333 | | 16 participation in the assets of the receivership. |
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334 | 334 | | 17 |
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335 | 335 | | 18 |
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336 | 336 | | 19 |
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337 | 337 | | 20 (a) The state of Wyoming upon the relation of the |
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338 | 338 | | 21 attorney general may institute an action to have determined |
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339 | 339 | | 22 in a general adjudication the nature, extent, and relative 2025STATE OF WYOMING25LSO-059016HB0298 |
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340 | 340 | | 1 priority of the water rights of all persons in any river |
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341 | 341 | | 2 system and all other sources, provided: |
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342 | 342 | | 3 |
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343 | 343 | | 4 (ii) When the potential defendants number one |
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344 | 344 | | 5 thousand (1,000) or more, personal service of a summons and |
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345 | 345 | | 6 complaint shall not be required and (A) the court shall |
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346 | 346 | | 7 order that the clerk obtain service on known potential |
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347 | 347 | | 8 defendants by mailing a court-approved notice of the action |
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348 | 348 | | 9 by certified mail, return receipt requested, and (B) the |
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349 | 349 | | 10 court shall order that the clerk obtain service on all |
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350 | 350 | | 11 unknown parties by publication of said notice for four (4) |
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351 | 351 | | 12 consecutive weeks |
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352 | 352 | | 13 in a newspaper published in each of the counties |
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353 | 353 | | 14 within which interests in and rights to the use of water |
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354 | 354 | | 15 may be affected by the adjudication. If |
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355 | 355 | | 16 |
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356 | 356 | | 17 there is no newspaper in one (1) or more of said counties, |
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357 | 357 | | 18 then publication for such counties shall be in one (1) or |
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358 | 358 | | 19 more newspapers published in the state, and of general |
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359 | 359 | | 20 circulation within said counties. If publication is in a |
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360 | 360 | | 21 daily newspaper, one (1) insertion a week shall be |
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361 | 361 | | 22 sufficient; |
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362 | 362 | | 23 2025STATE OF WYOMING25LSO-059017HB02981 |
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363 | 363 | | 2 |
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364 | 364 | | 3 (a) Within thirty (30) days of the filing of an |
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365 | 365 | | 4 action to appoint the wrongful death representative, the |
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366 | 366 | | 5 plaintiff shall cause to be published |
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367 | 367 | | 6 |
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368 | 368 | | 7 once a week for three (3) consecutive weeks in a |
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369 | 369 | | 8 daily or weekly newspaper of general circulation in the |
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370 | 370 | | 9 county in which the decedent resided at the time of death, |
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371 | 371 | | 10 a notice that an action to appoint the wrongful death |
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372 | 372 | | 11 representative has been instituted and that any person |
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373 | 373 | | 12 claiming to qualify under W.S. 1-38-104(a) may intervene as |
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374 | 374 | | 13 a matter of right. |
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375 | 375 | | 14 |
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376 | 376 | | 15 |
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377 | 377 | | 16 |
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378 | 378 | | 17 |
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379 | 379 | | 18 |
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380 | 380 | | 19 |
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381 | 381 | | 20 (d) Subject to subsection (j) of this section, a |
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382 | 382 | | 21 notice of application for a decree of summary distribution |
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383 | 383 | | 22 of property shall be published |
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384 | 384 | | 23 once a 2025STATE OF WYOMING25LSO-059018HB0298 |
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385 | 385 | | 1 week for two (2) consecutive weeks in a newspaper of |
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386 | 386 | | 2 general circulation in the county in which the application |
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387 | 387 | | 3 was filed. The notice of application shall be served by |
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388 | 388 | | 4 first class mail to the last known address, with copy of |
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389 | 389 | | 5 application attached, to the surviving spouse of the |
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390 | 390 | | 6 decedent, if any, and to all other distributees, so far as |
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391 | 391 | | 7 known, or to their guardians if any of them are minors, or |
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392 | 392 | | 8 to their personal representatives if any of them are |
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393 | 393 | | 9 deceased and to any reasonably ascertainable creditors not |
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394 | 394 | | 10 later than ten (10) days after the date of first |
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395 | 395 | | 11 publication. |
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396 | 396 | | 12 |
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397 | 397 | | 13 |
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398 | 398 | | 14 |
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399 | 399 | | 15 |
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400 | 400 | | 16 (d) After the entry of the order admitting the will |
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401 | 401 | | 17 to probate, the petitioner shall, at his own expense, cause |
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402 | 402 | | 18 to be published |
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403 | 403 | | 19 once a week for |
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404 | 404 | | 20 three (3) consecutive weeks in a daily or weekly newspaper |
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405 | 405 | | 21 of general circulation in the county in which the probate |
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406 | 406 | | 22 was granted a notice in substantially the following form: |
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407 | 407 | | 23 2025STATE OF WYOMING25LSO-059019HB0298 |
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408 | 408 | | 1 State of Wyoming ) |
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409 | 409 | | 2 |
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410 | 410 | | 3 ) In the District Court |
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411 | 411 | | 4 |
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412 | 412 | | 5 ) ....Judicial District |
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413 | 413 | | 6 |
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414 | 414 | | 7 County of.... ) Probate No. .... |
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415 | 415 | | 8 |
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416 | 416 | | 9 In the Matter of the) Notice of Proof of |
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417 | 417 | | 10 |
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418 | 418 | | 11 Estate of ....... ) Will Without |
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419 | 419 | | 12 |
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420 | 420 | | 13 ) Administration |
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421 | 421 | | 14 |
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422 | 422 | | 15 ......., Deceased. ) |
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423 | 423 | | 16 |
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424 | 424 | | 17 TO ALL PERSONS INTERESTED IN SAID ESTATE: |
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425 | 425 | | 18 |
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426 | 426 | | 19 You are hereby notified that on the .... day of ...., |
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427 | 427 | | 20 (year), the Last Will and Testament of Decedent was |
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428 | 428 | | 21 admitted to probate by the above named court and there will |
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429 | 429 | | 22 be no present administration of the estate. Any action to |
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430 | 430 | | 23 set aside the Will shall be filed in the Court within three 2025STATE OF WYOMING25LSO-059020HB0298 |
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431 | 431 | | 1 (3) months from the date of the first publication of this |
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432 | 432 | | 2 notice, or thereafter be forever barred. |
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433 | 433 | | 3 |
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434 | 434 | | 4 Dated ...., (year). |
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435 | 435 | | 5 |
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436 | 436 | | 6 Proponent ............. |
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437 | 437 | | 7 |
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438 | 438 | | 8 PUBLISH: (once a week for three (3) consecutive weeks) |
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439 | 439 | | 9 |
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440 | 440 | | 10 |
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441 | 441 | | 11 |
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442 | 442 | | 12 Any time during the administration of an estate and after |
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443 | 443 | | 13 the first publication of notice of opening the probate and |
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444 | 444 | | 14 the filing of the appraisement, any person interested may |
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445 | 445 | | 15 file a petition showing the necessary facts and praying to |
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446 | 446 | | 16 have the exempt property of the estate including the |
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447 | 447 | | 17 homestead set over to the person or persons entitled |
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448 | 448 | | 18 thereto. Upon filing of the petition, the court shall |
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449 | 449 | | 19 require all persons interested to appear on a day certain |
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450 | 450 | | 20 to show cause why the exempt property should not be set |
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451 | 451 | | 21 over to the person or persons entitled thereto. The order |
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452 | 452 | | 22 shall be published |
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453 | 453 | | 23 once in a newspaper 2025STATE OF WYOMING25LSO-059021HB0298 |
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454 | 454 | | 1 of general circulation in the county in which the probate |
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455 | 455 | | 2 is pending and a copy of the order to show cause shall be |
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456 | 456 | | 3 mailed by the personal representative to each heir and |
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457 | 457 | | 4 beneficiary. The publication and mailing shall be not less |
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458 | 458 | | 5 than ten (10) days prior to the date set for the hearing. |
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459 | 459 | | 6 At the time set for the hearing or to which the hearing is |
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460 | 460 | | 7 continued, the court shall hear the evidence and make such |
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461 | 461 | | 8 order as the facts and law require. If the whole estate of |
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462 | 462 | | 9 the decedent is found to be exempt and is set over to the |
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463 | 463 | | 10 person or persons entitled thereto, no further proceeding |
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464 | 464 | | 11 is required in the administration of the estate unless |
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465 | 465 | | 12 further estate is discovered. The publication and notice |
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466 | 466 | | 13 may be combined with and included in the notice of opening |
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467 | 467 | | 14 the probate, but the hearing shall not be held less than |
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468 | 468 | | 15 ten (10) days after the filing of the appraisement. |
---|
469 | 469 | | 16 |
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470 | 470 | | 17 |
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471 | 471 | | 18 |
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472 | 472 | | 19 |
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473 | 473 | | 20 (a) Except as otherwise provided in this section, all |
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474 | 474 | | 21 claims whether due, not due or contingent, shall be filed |
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475 | 475 | | 22 in duplicate with the clerk within the time limited in the |
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476 | 476 | | 23 notice to creditors and any claim not so filed is barred 2025STATE OF WYOMING25LSO-059022HB0298 |
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477 | 477 | | 1 forever. Any claimant to whom the personal representative |
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478 | 478 | | 2 has mailed a notice pursuant to W.S. 2-7-205(a)(ii) shall |
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479 | 479 | | 3 file his claim within three (3) months after the date of |
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480 | 480 | | 4 first publication of the notice |
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481 | 481 | | 5 in the newspaper, or before the |
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482 | 482 | | 6 expiration of thirty (30) days after the mailing, whichever |
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483 | 483 | | 7 date is later, and any claim not so filed is barred |
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484 | 484 | | 8 forever. If only one (1) copy of a claim is filed, the |
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485 | 485 | | 9 clerk shall make a duplicate and shall charge the claimant |
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486 | 486 | | 10 a reasonable fee not to exceed two dollars ($2.00) per |
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487 | 487 | | 11 page. |
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488 | 488 | | 12 |
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489 | 489 | | 13 |
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490 | 490 | | 14 |
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491 | 491 | | 15 |
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492 | 492 | | 16 |
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493 | 493 | | 17 If any person dies seized of a life estate which terminates |
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494 | 494 | | 18 by reason of his death, or of an estate by the entireties, |
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495 | 495 | | 19 or of an estate by joint tenancy or joint estate with |
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496 | 496 | | 20 another, any person interested in the property or in the |
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497 | 497 | | 21 title thereto may file in the district court of the county |
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498 | 498 | | 22 in which the property is situated a verified petition |
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499 | 499 | | 23 setting forth such facts. After two (2) weeks notice by 2025STATE OF WYOMING25LSO-059023HB0298 |
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500 | 500 | | 1 publication |
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501 | 501 | | 2 in a newspaper of general circulation in the county, or |
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502 | 502 | | 3 otherwise as the court may order, the court shall hear the |
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503 | 503 | | 4 petition and the evidence offered in support thereof. If |
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504 | 504 | | 5 upon hearing it appears to the court that such life estate, |
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505 | 505 | | 6 estate by entireties, estate by joint tenancy or joint |
---|
506 | 506 | | 7 estate was created and vested, and that the life estate of |
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507 | 507 | | 8 the deceased person terminated by reason of death, or that |
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508 | 508 | | 9 the estate by entireties remains vested solely in the |
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509 | 509 | | 10 surviving spouse by reason of death, or that the estate by |
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510 | 510 | | 11 joint tenancy or joint estate remains vested solely in the |
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511 | 511 | | 12 surviving joint tenant or joint tenants, the court shall so |
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512 | 512 | | 13 decree. A certified copy of the decree shall be recorded in |
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513 | 513 | | 14 the office of the county clerk and thereafter the decree |
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514 | 514 | | 15 and the record thereof together with the record of the |
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515 | 515 | | 16 instrument or instruments purporting to create the life |
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516 | 516 | | 17 estate, estate by entireties, estate by joint tenancy or |
---|
517 | 517 | | 18 joint estate, shall be presumptive evidence of the creation |
---|
518 | 518 | | 19 of such estate, the termination thereof and the |
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519 | 519 | | 20 survivorship of the estate by entireties, estates by joint |
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520 | 520 | | 21 tenancy or joint estate. |
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521 | 521 | | 22 2025STATE OF WYOMING25LSO-059024HB02981 |
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522 | 522 | | 2 |
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523 | 523 | | 3 |
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524 | 524 | | 4 Upon filing the petition the court shall fix a time for |
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525 | 525 | | 5 hearing the petition not less than thirty (30) days after |
---|
526 | 526 | | 6 the filing thereof. Notice of the time and place of hearing |
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527 | 527 | | 7 shall be given to all persons interested in the proceeding |
---|
528 | 528 | | 8 including creditors, heirs and devisees, setting forth the |
---|
529 | 529 | | 9 filing of the petition, the date of the supposed death of |
---|
530 | 530 | | 10 the deceased, his place of residence, a description of the |
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531 | 531 | | 11 real property or interest therein of which he died seized |
---|
532 | 532 | | 12 or a description of the real property on which he had made |
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533 | 533 | | 13 an entry but had not yet received patent and the interest |
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534 | 534 | | 14 in the real estate of the petitioner. The notice shall be |
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535 | 535 | | 15 published |
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536 | 536 | | 16 once a |
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537 | 537 | | 17 week in a newspaper of general circulation in the county |
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538 | 538 | | 18 for four (4) consecutive weeks prior to the hearing, and |
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539 | 539 | | 19 shall be mailed simultaneously with the first publication |
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540 | 540 | | 20 to those persons designated in W.S. 2-7-205. |
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541 | 541 | | 21 |
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542 | 542 | | 22 |
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543 | 543 | | 23 2025STATE OF WYOMING25LSO-059025HB0298 |
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544 | 544 | | 1 |
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545 | 545 | | 2 (b) Notice of the time and place for hearing the |
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546 | 546 | | 3 petition shall be given by publishing notice thereof |
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547 | 547 | | 4 |
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548 | 548 | | 5 at least once each week for three (3) |
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549 | 549 | | 6 successive weeks in some newspaper of general circulation |
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550 | 550 | | 7 in the county and the mailing of true copies to all known |
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551 | 551 | | 8 heirs of the deceased person at least ten (10) days prior |
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552 | 552 | | 9 to the date fixed for the hearing. Proof of publication and |
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553 | 553 | | 10 mailing shall be made to the court upon the hearing. Any |
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554 | 554 | | 11 time before the date fixed for the hearing any person |
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555 | 555 | | 12 interested in the lands as heir at law or devisee of the |
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556 | 556 | | 13 decedent or as the grantee of any such heir at law or |
---|
557 | 557 | | 14 devisee, may answer the petition and deny any of the |
---|
558 | 558 | | 15 matters contained therein. At the time fixed for the |
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559 | 559 | | 16 hearing or at such time thereafter as may be fixed by the |
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560 | 560 | | 17 court, the court shall hear the proofs offered by |
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561 | 561 | | 18 petitioner and any person answering the same, and shall |
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562 | 562 | | 19 make a decree conformable to the proofs. The decree shall |
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563 | 563 | | 20 have the same force and effect as decrees entered in |
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564 | 564 | | 21 accordance with the provisions of the Code of Civil |
---|
565 | 565 | | 22 Procedure. |
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566 | 566 | | 23 2025STATE OF WYOMING25LSO-059026HB02981 |
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567 | 567 | | 2 |
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568 | 568 | | 3 |
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569 | 569 | | 4uring the ten |
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570 | 570 | | 5 (10) days prior to the day appointed, |
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571 | 571 | | 6 |
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572 | 572 | | 7 |
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573 | 573 | | 8 |
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574 | 574 | | 9 in the county, stating that the petition |
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575 | 575 | | 10 will be heard at the courtroom of the court at the time |
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576 | 576 | | 11 appointed for the hearing. The clerk shall cause personal |
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577 | 577 | | 12 service of the notice of hearing to be served upon all |
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578 | 578 | | 13 persons named in the petition as heirs of the missing |
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579 | 579 | | 14 person should he be deceased resident in the county, and |
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580 | 580 | | 15 cause to be mailed by certified mail a copy of the notice |
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581 | 581 | | 16 addressed to each of the supposed heirs at their address |
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582 | 582 | | 17 shown in the petition. The court may direct further notice |
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583 | 583 | | 18 of the filing of the petition be given in such manner and |
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584 | 584 | | 19 to such persons as it may deem proper. |
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585 | 585 | | 20 |
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586 | 586 | | 21 |
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587 | 587 | | 22 2025STATE OF WYOMING25LSO-059027HB02981 (a) Subject to the rights of persons dealing with a |
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588 | 588 | | 2 fiduciary as provided in W.S. 4-10-1013, a creditor may |
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589 | 589 | | 3 file a claim against the assets of the trust or commence a |
---|
590 | 590 | | 4 judicial proceeding to contest the validity of a trust that |
---|
591 | 591 | | 5 was revocable at the settlor's death within the earlier of: |
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592 | 592 | | 6 |
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593 | 593 | | 7 (ii) One hundred twenty (120) days after the |
---|
594 | 594 | | 8 first publication of a notice of the intent of the trustee |
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595 | 595 | | 9 to have the property of the settlor distributed as |
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596 | 596 | | 10 permitted under the terms of the trust. The notice shall be |
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597 | 597 | | 11 published |
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598 | 598 | | 12 once per week for two (2) |
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599 | 599 | | 13 consecutive weeks in a newspaper of general circulation in |
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600 | 600 | | 14 the county or counties where venue of the trust is properly |
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601 | 601 | | 15 established as provided in W.S. 4-10-204; or |
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602 | 602 | | 16 |
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603 | 603 | | 17 |
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604 | 604 | | 18 |
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605 | 605 | | 19 (e) If the court makes a preliminary order of |
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606 | 606 | | 20 forfeiture of property, legal interests of persons other |
---|
607 | 607 | | 21 than a party to the criminal action shall be determined, |
---|
608 | 608 | | 22 subject to the following: |
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609 | 609 | | 23 2025STATE OF WYOMING25LSO-059028HB02981 (i) Following an entry of a preliminary order of |
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610 | 610 | | 2 forfeiture, the state shall publish notice of the order |
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611 | 611 | | 3 |
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612 | 612 | | 4 in a newspaper of general circulation in |
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613 | 613 | | 5 the state once a week for two (2) weeks and shall provide |
---|
614 | 614 | | 6 written notice by first class mail to the last known |
---|
615 | 615 | | 7 address of any person who, after reasonable inquiry, |
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616 | 616 | | 8 appears to be a potential owner or lien holder in the |
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617 | 617 | | 9 property. The notice shall describe the forfeited property |
---|
618 | 618 | | 10 and shall advise that parties with a potential interest in |
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619 | 619 | | 11 the property may contest the forfeiture by filing a |
---|
620 | 620 | | 12 petition with the court not later than sixty (60) days |
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621 | 621 | | 13 |
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622 | 622 | | 14 after the |
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623 | 623 | | 15 date of the second published notice or, if |
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624 | 624 | | 16 notice is mailed under this paragraph, not later than |
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625 | 625 | | 17 thirty (30) days after mailing written notice; |
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626 | 626 | | 18 |
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627 | 627 | | 19 |
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628 | 628 | | 20 |
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629 | 629 | | 21 (a) As used in the statutes unless the legislature |
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630 | 630 | | 22 clearly specifies a different meaning or interpretation or |
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631 | 631 | | 23 the context clearly requires a different meaning: 2025STATE OF WYOMING25LSO-059029HB0298 |
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632 | 632 | | 1 |
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633 | 633 | | 2 |
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634 | 634 | | 3 |
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635 | 635 | | 4 |
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636 | 636 | | 5 |
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637 | 637 | | 6 |
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638 | 638 | | 7 |
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639 | 639 | | 8 |
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640 | 640 | | 9 |
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641 | 641 | | 10 |
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642 | 642 | | 11 |
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643 | 643 | | 12 |
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644 | 644 | | 13 |
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645 | 645 | | 14 |
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646 | 646 | | 15 |
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647 | 647 | | 16 (a) The secretary of state shall collect the |
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648 | 648 | | 17 following fees in advance for: |
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649 | 649 | | 18 |
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650 | 650 | | 19 |
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651 | 651 | | 20 |
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652 | 652 | | 21 |
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653 | 653 | | 22 2025STATE OF WYOMING25LSO-059030HB02981 (c) When any document is delivered to the office of |
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654 | 654 | | 2 the secretary of state for filing |
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655 | 655 | | 3 |
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656 | 656 | | 4, the secretary of state may refuse |
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657 | 657 | | 5 the document for filing or publication if: |
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658 | 658 | | 6 |
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659 | 659 | | 7 (i) The correct filing fee, any |
---|
660 | 660 | | 8 franchise tax, license fee, penalty or past due fees, taxes |
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661 | 661 | | 9 or penalties required to be paid have not been paid; and |
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662 | 662 | | 10 |
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663 | 663 | | 11 |
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664 | 664 | | 12 |
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665 | 665 | | 13 |
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666 | 666 | | 14 |
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667 | 667 | | 15 (j) The director of the department of audit shall |
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668 | 668 | | 16 certify: |
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669 | 669 | | 17 |
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670 | 670 | | 18 (iv) To the board of county commissioners and to |
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671 | 671 | | 19 the special district or entity described in W.S. |
---|
672 | 672 | | 20 16-4-125(c) that receives funding from a municipality as |
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673 | 673 | | 21 defined by W.S. 16-4-102(a)(xiv) or other entities |
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674 | 674 | | 22 specified in W.S. 16-12-202(a) by October 5 of each year |
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675 | 675 | | 23 any special district or other entity in the county, no 2025STATE OF WYOMING25LSO-059031HB0298 |
---|
676 | 676 | | 1 matter how formed, that failed to comply with paragraph |
---|
677 | 677 | | 2 (a)(vii) of this section. If, by November 30 of that same |
---|
678 | 678 | | 3 year, the district or other entity has failed to comply |
---|
679 | 679 | | 4 with paragraph (a)(vii) of this section, the director of |
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680 | 680 | | 5 the department of audit shall file notice with the county |
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681 | 681 | | 6 commissioners, the county treasurer and the county clerk. |
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682 | 682 | | 7 The county commissioners shall place a public notice |
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683 | 683 | | 8 in a newspaper of |
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684 | 684 | | 9 general circulation in the county indicating the special |
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685 | 685 | | 10 district or other entity is in danger of being dissolved |
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686 | 686 | | 11 due to failure to comply with the legal reporting |
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687 | 687 | | 12 requirements. The county commissioners shall assess the |
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688 | 688 | | 13 special district or other entity the cost of the public |
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689 | 689 | | 14 notice. Notwithstanding any other provision of law, the |
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690 | 690 | | 15 county treasurer shall withhold any further disbursements |
---|
691 | 691 | | 16 of money to the district or other entity until the |
---|
692 | 692 | | 17 department certifies to the county treasurer that the |
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693 | 693 | | 18 district or other entity has complied with all reporting |
---|
694 | 694 | | 19 requirements unless good cause for noncompliance is shown |
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695 | 695 | | 20 to the director of the department of audit as described in |
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696 | 696 | | 21 W.S. 9-1-510(b). If the special district or other entity |
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697 | 697 | | 22 fails to file the required report on or before December 30 |
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698 | 698 | | 23 of that same year, the county commissioners shall seek to 2025STATE OF WYOMING25LSO-059032HB0298 |
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699 | 699 | | 1 dissolve the special district or other entity in accordance |
---|
700 | 700 | | 2 with the process described by W.S. 22-29-401 et seq. This |
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701 | 701 | | 3 paragraph shall apply in addition to any other provision |
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702 | 702 | | 4 for dissolution in the principal act for a special district |
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703 | 703 | | 5 or other entity. The county treasurer shall certify monthly |
---|
704 | 704 | | 6 to the department of audit, the legislature and the |
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705 | 705 | | 7 noncompliant district or entity the amount of disbursements |
---|
706 | 706 | | 8 withheld until the noncompliant district or entity has come |
---|
707 | 707 | | 9 into compliance. |
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708 | 708 | | 10 |
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709 | 709 | | 11 |
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710 | 710 | | 12 |
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711 | 711 | | 13 The state treasurer may sell any or all collateral that may |
---|
712 | 712 | | 14 be pledged as security for the deposit of any state funds |
---|
713 | 713 | | 15 in any depository under this act, at public or private |
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714 | 714 | | 16 sale, whenever there shall be a failure or refusal upon the |
---|
715 | 715 | | 17 part of any state depository, to pay over the funds, or any |
---|
716 | 716 | | 18 part thereof or interest thereon, upon the demand or order |
---|
717 | 717 | | 19 of the state treasurer, or his authorized deputy on the |
---|
718 | 718 | | 20 state depository. Notice of the sale of collateral given as |
---|
719 | 719 | | 21 security for deposits is required only if the state |
---|
720 | 720 | | 22 treasurer finds that the collateral is illiquid. If notice |
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721 | 721 | | 23 is required, it shall be given by publication 2025STATE OF WYOMING25LSO-059033HB0298 |
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722 | 722 | | 1 |
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723 | 723 | | 2 once each week for three (3) consecutive weeks in |
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724 | 724 | | 3 a newspaper of general circulation in the county or |
---|
725 | 725 | | 4 counties in which real estate, in the case of mortgages, or |
---|
726 | 726 | | 5 the local governments, in the case of local government |
---|
727 | 727 | | 6 bonds, are located. When a sale of collateral is made by |
---|
728 | 728 | | 7 the state treasurer, either at public or private sale, and |
---|
729 | 729 | | 8 the collateral has been transferred by the chairman and |
---|
730 | 730 | | 9 secretary of the board of deposits, the absolute ownership |
---|
731 | 731 | | 10 of the collateral shall vest in the purchasers, upon the |
---|
732 | 732 | | 11 payment of the purchase money to the state treasurer. |
---|
733 | 733 | | 12 Should there be any surplus after paying the amount due the |
---|
734 | 734 | | 13 state and expenses of sale, it shall be paid to the state |
---|
735 | 735 | | 14 depository which made the pledge of the collateral. |
---|
736 | 736 | | 15 |
---|
737 | 737 | | 16 |
---|
738 | 738 | | 17 |
---|
739 | 739 | | 18 |
---|
740 | 740 | | 19 |
---|
741 | 741 | | 20 (b) If any depository defaults, the treasurer for the |
---|
742 | 742 | | 21 local government may sell any or all collateral that is |
---|
743 | 743 | | 22 pledged as security for the deposit of public funds in the |
---|
744 | 744 | | 23 depository at public or private sale. Notice of the sale 2025STATE OF WYOMING25LSO-059034HB0298 |
---|
745 | 745 | | 1 of the collateral is required only if the treasurer |
---|
746 | 746 | | 2 determines that the collateral is illiquid. If notice is |
---|
747 | 747 | | 3 required, it shall be given by publication |
---|
748 | 748 | | 4 |
---|
749 | 749 | | 5 |
---|
750 | 750 | | 6 in the county or counties in which real estate, in the case |
---|
751 | 751 | | 7 of mortgages, or local governments, in the case of local |
---|
752 | 752 | | 8 government bonds, are located, once each week for three (3) |
---|
753 | 753 | | 9 consecutive weeks. |
---|
754 | 754 | | 10 |
---|
755 | 755 | | 11 |
---|
756 | 756 | | 12 |
---|
757 | 757 | | 13 (b) For any professional services fee estimated by |
---|
758 | 758 | | 14 the agency to exceed fifty thousand dollars ($50,000.00), |
---|
759 | 759 | | 15 the agency or the department shall give notice of the need |
---|
760 | 760 | | 16 for professional services |
---|
761 | 761 | | 17 in a |
---|
762 | 762 | | 18 newspaper of general circulation in the state at least once |
---|
763 | 763 | | 19 each week for two (2) consecutive weeks |
---|
764 | 764 | | 20 |
---|
765 | 765 | | 21 |
---|
766 | 766 | | 22 on the state |
---|
767 | 767 | | 23 procurement website for not less than two (2) consecutive 2025STATE OF WYOMING25LSO-059035HB0298 |
---|
768 | 768 | | 1 weeks prior to initiation of selection procedures in |
---|
769 | 769 | | 2 accordance with W.S. 9-23-105. All notifications under this |
---|
770 | 770 | | 3 subsection shall contain a general description of the |
---|
771 | 771 | | 4 proposed project, and shall indicate the procedures by |
---|
772 | 772 | | 5 which interested firms may apply for consideration for a |
---|
773 | 773 | | 6 contract to provide professional services for the proposed |
---|
774 | 774 | | 7 project. |
---|
775 | 775 | | 8 |
---|
776 | 776 | | 9 |
---|
777 | 777 | | 10 |
---|
778 | 778 | | 11 |
---|
779 | 779 | | 12 (a) Municipal corporations and counties within the |
---|
780 | 780 | | 13 state are authorized at the discretion of their governing |
---|
781 | 781 | | 14 boards, acting either singly or jointly to: |
---|
782 | 782 | | 15 |
---|
783 | 783 | | 16 (iv) Lease or let any portion of the area, |
---|
784 | 784 | | 17 buildings or facilities to any private person or |
---|
785 | 785 | | 18 corporation, upon terms deemed satisfactory. Notice shall |
---|
786 | 786 | | 19 be given by publication |
---|
787 | 787 | | 20 at least once a |
---|
788 | 788 | | 21 week for two (2) consecutive weeks in a newspaper published |
---|
789 | 789 | | 22 in a town or county in which the airport is located when it 2025STATE OF WYOMING25LSO-059036HB0298 |
---|
790 | 790 | | 1 is proposed that all the area and total facilities are to |
---|
791 | 791 | | 2 be leased; |
---|
792 | 792 | | 3 |
---|
793 | 793 | | 4 |
---|
794 | 794 | | 5 |
---|
795 | 795 | | 6 |
---|
796 | 796 | | 7 (a) The county commissioners of each district shall |
---|
797 | 797 | | 8 hold a public meeting for appointing a district board of |
---|
798 | 798 | | 9 directors for the district. Prior to the meeting the county |
---|
799 | 799 | | 10 commissioners shall establish the number of members of the |
---|
800 | 800 | | 11 district board and shall establish district board member |
---|
801 | 801 | | 12 areas. The county commissioners may seek the advice and |
---|
802 | 802 | | 13 counsel of the members of the former district board for the |
---|
803 | 803 | | 14 establishment of district board member areas. Each district |
---|
804 | 804 | | 15 board member area shall be contiguous. |
---|
805 | 805 | | 16otice of the meeting shall be |
---|
806 | 806 | | 17 advertised at least once in the designated official |
---|
807 | 807 | | 18 newspaper of the county and posted on the county's official |
---|
808 | 808 | | 19 website in the manner provided in W.S. 18-3-516(f) at least |
---|
809 | 809 | | 20 twenty (20) days prior to the date of the meeting. The |
---|
810 | 810 | | 21 notice shall solicit nominations for directors by petition |
---|
811 | 811 | | 22 signed by at least ten (10) landowners to be submitted at |
---|
812 | 812 | | 23 least five (5) days before the date of the meeting. 2025STATE OF WYOMING25LSO-059037HB02981 |
---|
813 | 813 | | 2 |
---|
814 | 814 | | 3 |
---|
815 | 815 | | 4 |
---|
816 | 816 | | 5 (c) Any district which implements a special |
---|
817 | 817 | | 6 management program under this article shall: |
---|
818 | 818 | | 7 |
---|
819 | 819 | | 8 (v) At least ten (10) days before final approval |
---|
820 | 820 | | 9 of the program by the district board, give notice to the |
---|
821 | 821 | | 10 public in at |
---|
822 | 822 | | 11 least one (1) newspaper of general circulation within the |
---|
823 | 823 | | 12 county describing the special management program and |
---|
824 | 824 | | 13 approximating the cost of the program. Notice shall also be |
---|
825 | 825 | | 14 given through another medium if the board determines |
---|
826 | 826 | | 15 additional publication is necessary to ensure sufficient |
---|
827 | 827 | | 16 notice to the public. |
---|
828 | 828 | | 17 |
---|
829 | 829 | | 18 |
---|
830 | 830 | | 19 |
---|
831 | 831 | | 20 |
---|
832 | 832 | | 21 |
---|
833 | 833 | | 22 (a) The annual meeting of each predator management |
---|
834 | 834 | | 23 district shall be held within the first two (2) weeks of 2025STATE OF WYOMING25LSO-059038HB0298 |
---|
835 | 835 | | 1 December. Any person having paid predator fees in the |
---|
836 | 836 | | 2 district within the preceding twelve (12) months shall be |
---|
837 | 837 | | 3 entitled to one (1) vote at the annual meeting. Predator |
---|
838 | 838 | | 4 fees paid in the name of a business entity may be |
---|
839 | 839 | | 5 represented by one (1) representative of the entity paying |
---|
840 | 840 | | 6 the fees, provided that the representative is authorized by |
---|
841 | 841 | | 7 the entity to vote on behalf of the entity and has provided |
---|
842 | 842 | | 8 proof of such written authorization. Proof of payment of |
---|
843 | 843 | | 9 predator fees within the district shall only be through a |
---|
844 | 844 | | 10 verified copy of a brand inspection certificate which |
---|
845 | 845 | | 11 clearly shows that the fees have been paid and the date |
---|
846 | 846 | | 12 upon which the fees were paid. No person paying fees within |
---|
847 | 847 | | 13 the district shall be entitled to more than one (1) vote at |
---|
848 | 848 | | 14 the annual meeting and no proxies shall be allowed. Each |
---|
849 | 849 | | 15 board shall: |
---|
850 | 850 | | 16 |
---|
851 | 851 | | 17 (ii) Publish a notice stating the time and place |
---|
852 | 852 | | 18 of any meeting of the district and that directors of the |
---|
853 | 853 | | 19 board representing livestock interests as provided in W.S. |
---|
854 | 854 | | 20 11-6-202(a)(i) and (ii) shall be elected at the meeting. |
---|
855 | 855 | | 21 Notice shall be published |
---|
856 | 856 | | 22 |
---|
857 | 857 | | 23 once in a newspaper of 2025STATE OF WYOMING25LSO-059039HB0298 |
---|
858 | 858 | | 1 general circulation in the district ten (10) days prior to |
---|
859 | 859 | | 2 the date of the meeting; |
---|
860 | 860 | | 3 |
---|
861 | 861 | | 4 |
---|
862 | 862 | | 5 |
---|
863 | 863 | | 6 (a) As used in this act: |
---|
864 | 864 | | 7 |
---|
865 | 865 | | 8 (vi) "Due notice" for those provisions other |
---|
866 | 866 | | 9 than election and referendum provisions, means notice |
---|
867 | 867 | | 10 published at least twice, with an interval of six (6) days |
---|
868 | 868 | | 11 between the two (2) publication dates, in a newspaper of |
---|
869 | 869 | | 12 general circulation within the boundaries of the proposed |
---|
870 | 870 | | 13 or organized district, |
---|
871 | 871 | | 14 or by posting at five |
---|
872 | 872 | | 15 (5) conspicuous places within the organized or proposed |
---|
873 | 873 | | 16 district, such posting to include, where possible, posting |
---|
874 | 874 | | 17 at public places where it may be customary to post notices |
---|
875 | 875 | | 18 concerning county or municipal affairs generally. Except as |
---|
876 | 876 | | 19 otherwise provided in this act, the notice of any hearing |
---|
877 | 877 | | 20 required under this act shall fix the time, place and |
---|
878 | 878 | | 21 purpose, which shall be not less than ten (10) or more than |
---|
879 | 879 | | 22 fifteen (15) days after the first publication or first |
---|
880 | 880 | | 23 posting of the notice. Any hearing held pursuant to such 2025STATE OF WYOMING25LSO-059040HB0298 |
---|
881 | 881 | | 1 notice may be adjourned from time to time without renewing |
---|
882 | 882 | | 2 the notice for the adjourned dates. Notice for any election |
---|
883 | 883 | | 3 or referendum required by this act shall be as specifically |
---|
884 | 884 | | 4 provided in this act, or if not specifically provided in |
---|
885 | 885 | | 5 this act, as required in the Special District Elections Act |
---|
886 | 886 | | 6 of 1994; |
---|
887 | 887 | | 7 |
---|
888 | 888 | | 8 |
---|
889 | 889 | | 9 |
---|
890 | 890 | | 10 |
---|
891 | 891 | | 11 (c) Subject to the limitation of subsection (b) of |
---|
892 | 892 | | 12 this section, the proposition to impose a tax under this |
---|
893 | 893 | | 13 act shall be submitted on an election date authorized under |
---|
894 | 894 | | 14 W.S. 22-21-103, or by mail ballot pursuant to W.S. |
---|
895 | 895 | | 15 22-29-115 and 22-29-116. A notice of election shall be |
---|
896 | 896 | | 16 given by the county clerk |
---|
897 | 897 | | 17 in at |
---|
898 | 898 | | 18 least one (1) newspaper of general circulation published in |
---|
899 | 899 | | 19 the county wherein the election is to be held and shall |
---|
900 | 900 | | 20 specify the object of the election. |
---|
901 | 901 | | 21he notice shall be |
---|
902 | 902 | | 22 published at least once each week for a thirty (30) day |
---|
903 | 903 | | 23 period preceding the election. At the election the ballots 2025STATE OF WYOMING25LSO-059041HB0298 |
---|
904 | 904 | | 1 shall contain the words "for the conservation district tax" |
---|
905 | 905 | | 2 and "against the conservation district tax". Upon the |
---|
906 | 906 | | 3 initial submission of the conservation district tax, or any |
---|
907 | 907 | | 4 renewal thereof, after July 1, 1995, the conservation |
---|
908 | 908 | | 5 district board of supervisors shall choose one (1) of the |
---|
909 | 909 | | 6 following options and the words of the chosen option shall |
---|
910 | 910 | | 7 be clearly printed in the appropriate area on the election |
---|
911 | 911 | | 8 ballot: |
---|
912 | 912 | | 9 |
---|
913 | 913 | | 10 |
---|
914 | 914 | | 11 |
---|
915 | 915 | | 12 (a) The executive officer of the livestock board |
---|
916 | 916 | | 13 shall annually, during the last week of December, send two |
---|
917 | 917 | | 14 (2) lists of unclaimed estrays for which he has received |
---|
918 | 918 | | 15 payments, to the county clerk of each county, who shall |
---|
919 | 919 | | 16 post one (1) copy in a conspicuous place in the courthouse |
---|
920 | 920 | | 17 and place one (1) copy on file in his office. The executive |
---|
921 | 921 | | 18 officer shall also cause to be published |
---|
922 | 922 | | 19 in a newspaper of general |
---|
923 | 923 | | 20 circulation in each county from which any estray included |
---|
924 | 924 | | 21 in the list was shipped, a notice to the public that the |
---|
925 | 925 | | 22 list of estrays is available for examination. |
---|
926 | 926 | | 23 2025STATE OF WYOMING25LSO-059042HB02981 |
---|
927 | 927 | | 2 |
---|
928 | 928 | | 3 |
---|
929 | 929 | | 4 (b) The resolution creating the rabies control |
---|
930 | 930 | | 5 district shall be published |
---|
931 | 931 | | 6 at least once a |
---|
932 | 932 | | 7 week for two (2) successive weeks in a newspaper of general |
---|
933 | 933 | | 8 circulation in the county wherein the district is located. |
---|
934 | 934 | | 9 |
---|
935 | 935 | | 10 |
---|
936 | 936 | | 11 |
---|
937 | 937 | | 12 |
---|
938 | 938 | | 13 (b) Notice of such a declaration shall be published |
---|
939 | 939 | | 14 in a |
---|
940 | 940 | | 15 newspaper of general circulation within the county and |
---|
941 | 941 | | 16 notices may be placed in appropriate locations. The notice |
---|
942 | 942 | | 17 shall specify any regulations necessary and convenient for |
---|
943 | 943 | | 18 animal control and shall state that: |
---|
944 | 944 | | 19 |
---|
945 | 945 | | 20 |
---|
946 | 946 | | 21 |
---|
947 | 947 | | 22 2025STATE OF WYOMING25LSO-059043HB0298 |
---|
948 | 948 | | 1 Within twenty (20) days after a petition has been filed, |
---|
949 | 949 | | 2 the board of county commissioners shall set a date for |
---|
950 | 950 | | 3 hearing the petition. Notice of the hearing shall be given |
---|
951 | 951 | | 4 by posting notices in three (3) conspicuous places in the |
---|
952 | 952 | | 5 proposed livestock district and by publication |
---|
953 | 953 | | 6 |
---|
954 | 954 | | 7 for two (2) weeks previous to |
---|
955 | 955 | | 8 the hearing in a newspaper published in the county nearest |
---|
956 | 956 | | 9 the proposed livestock district. |
---|
957 | 957 | | 10 |
---|
958 | 958 | | 11 |
---|
959 | 959 | | 12 |
---|
960 | 960 | | 13 |
---|
961 | 961 | | 14 Upon the issuance of any marketing order or any suspension, |
---|
962 | 962 | | 15 amendment or termination thereof, a copy of the notice |
---|
963 | 963 | | 16 shall be published |
---|
964 | 964 | | 17 in the official newspaper of general circulation |
---|
965 | 965 | | 18 published in each county of the state. No order of |
---|
966 | 966 | | 19 suspension, amendment or termination is effective until |
---|
967 | 967 | | 20 thirty (30) days after the date of posting and publication. |
---|
968 | 968 | | 21 The director shall mail a copy of the notice to all persons |
---|
969 | 969 | | 22 affected by the terms of the order, suspension, amendment 2025STATE OF WYOMING25LSO-059044HB0298 |
---|
970 | 970 | | 1 or termination who files in the office of the director a |
---|
971 | 971 | | 2 written request for notice. |
---|
972 | 972 | | 3 |
---|
973 | 973 | | 4 |
---|
974 | 974 | | 5 |
---|
975 | 975 | | 6 |
---|
976 | 976 | | 7 |
---|
977 | 977 | | 8 (a) When an application for a license, permit, |
---|
978 | 978 | | 9 renewal or any transfer of location or ownership thereof |
---|
979 | 979 | | 10 has been filed with a licensing authority, the clerk shall |
---|
980 | 980 | | 11 promptly prepare a notice of application and publish the |
---|
981 | 981 | | 12 notice |
---|
982 | 982 | | 13 in a newspaper of local |
---|
983 | 983 | | 14 circulation once a week for two (2) consecutive weeks. |
---|
984 | 984 | | 15 When a county is the licensing authority, the county clerk |
---|
985 | 985 | | 16 shall also post the notice on the official website of the |
---|
986 | 986 | | 17 county in the manner provided in W.S 18-3-516(f), subject |
---|
987 | 987 | | 18. When a city or town is the |
---|
988 | 988 | | 19 licensing authority, the city clerk shall also post the |
---|
989 | 989 | | 20 notice on the city or town's official website if one |
---|
990 | 990 | | 21 exists. The notice shall state that a named applicant has |
---|
991 | 991 | | 22 applied for a license, permit, renewal or transfer thereof, |
---|
992 | 992 | | 23 and that protests against the issuance, renewal or transfer 2025STATE OF WYOMING25LSO-059045HB0298 |
---|
993 | 993 | | 1 of the license or permit will be heard at a designated |
---|
994 | 994 | | 2 meeting of the licensing authority. Each applicant shall, |
---|
995 | 995 | | 3 at the time of filing his application, pay the clerk an |
---|
996 | 996 | | 4 amount sufficient to cover the costs of publishing notice. |
---|
997 | 997 | | 5 Notices may be substantially in the following form: |
---|
998 | 998 | | 6 |
---|
999 | 999 | | 7 NOTICE OF APPLICATION FOR A .... |
---|
1000 | 1000 | | 8 |
---|
1001 | 1001 | | 9 Notice is hereby given that on the .... day of .... |
---|
1002 | 1002 | | 10 (year) (name of applicant) filed an application for a .... |
---|
1003 | 1003 | | 11 license (permit), in the office of the clerk of the city |
---|
1004 | 1004 | | 12 (or town or county) of .... for the following building |
---|
1005 | 1005 | | 13 (insert address) and protests, if any there be, against the |
---|
1006 | 1006 | | 14 issuance (transfer or renewal) of the license (permit) will |
---|
1007 | 1007 | | 15 be heard at the hour of ....M., on the .... day of .... |
---|
1008 | 1008 | | 16 (year), in the (meeting place of the governing body). |
---|
1009 | 1009 | | 17 |
---|
1010 | 1010 | | 18 Dated .... Signed .... |
---|
1011 | 1011 | | 19 |
---|
1012 | 1012 | | 20 |
---|
1013 | 1013 | | 21 |
---|
1014 | 1014 | | 22 2025STATE OF WYOMING25LSO-059046HB0298 |
---|
1015 | 1015 | | 1 Upon filing with the state banking commissioner the |
---|
1016 | 1016 | | 2 articles of incorporation as required by W.S. 13-2-201 and |
---|
1017 | 1017 | | 3 13-2-202, an application and any other information required |
---|
1018 | 1018 | | 4 by the rules and regulations of the board, the state |
---|
1019 | 1019 | | 5 banking commissioner shall notify the applicants in writing |
---|
1020 | 1020 | | 6 within thirty (30) calendar days of any deficiency in the |
---|
1021 | 1021 | | 7 required information or that the application has been |
---|
1022 | 1022 | | 8 accepted for filing. When the state banking commissioner is |
---|
1023 | 1023 | | 9 satisfied that all required information has been furnished, |
---|
1024 | 1024 | | 10 he shall notify the chairman of the board who shall |
---|
1025 | 1025 | | 11 establish a time and place within the county of the |
---|
1026 | 1026 | | 12 proposed financial institution location for a public |
---|
1027 | 1027 | | 13 hearing which shall be not less than sixty (60) days nor |
---|
1028 | 1028 | | 14 more than one hundred twenty (120) days after notice from |
---|
1029 | 1029 | | 15 the state banking commissioner that the application is in |
---|
1030 | 1030 | | 16 order. Within thirty (30) days after receipt of notice of |
---|
1031 | 1031 | | 17 the time and place of the public hearing, the applicant |
---|
1032 | 1032 | | 18 shall cause notice of filing of the application and of the |
---|
1033 | 1033 | | 19 hearing to be published at applicant's expense |
---|
1034 | 1034 | | 20 in a newspaper of |
---|
1035 | 1035 | | 21 general circulation within the county where the proposed |
---|
1036 | 1036 | | 22 financial institution is to be located. Publication shall |
---|
1037 | 1037 | | 23 be made 2025STATE OF WYOMING25LSO-059047HB0298 |
---|
1038 | 1038 | | 1 |
---|
1039 | 1039 | | 2 at least once a week for three (3) consecutive weeks |
---|
1040 | 1040 | | 3 before the hearing |
---|
1041 | 1041 | | 4 the proposed location of the |
---|
1042 | 1042 | | 5 financial institution, the names of the proposed applicants |
---|
1043 | 1043 | | 6 for a charter, the nature of the activities to be conducted |
---|
1044 | 1044 | | 7 by the proposed institution and other information as the |
---|
1045 | 1045 | | 8 board shall prescribe from time to time by rules and |
---|
1046 | 1046 | | 9 regulations. The applicant shall furnish proof of |
---|
1047 | 1047 | | 10 publication to the state banking commissioner not more than |
---|
1048 | 1048 | | 11 ten (10) days prior to the hearing. The state banking |
---|
1049 | 1049 | | 12 commissioner shall send notice of the hearing to state and |
---|
1050 | 1050 | | 13 national banks, federal savings and loan associations and |
---|
1051 | 1051 | | 14 other financial institutions in the state who have |
---|
1052 | 1052 | | 15 requested notice from the state banking commissioner and to |
---|
1053 | 1053 | | 16 the appropriate federal financial institution regulatory |
---|
1054 | 1054 | | 17 authorities. |
---|
1055 | 1055 | | 18 |
---|
1056 | 1056 | | 19 |
---|
1057 | 1057 | | 20 |
---|
1058 | 1058 | | 21 (b) If the annual election of directors is not held |
---|
1059 | 1059 | | 22 at the time designated an election may be held within sixty |
---|
1060 | 1060 | | 23 (60) days thereafter following notice 2025STATE OF WYOMING25LSO-059048HB0298 |
---|
1061 | 1061 | | 1 |
---|
1062 | 1062 | | 2 by publication in three (3) consecutive issues of a weekly |
---|
1063 | 1063 | | 3 newspaper printed in the county in which the bank is |
---|
1064 | 1064 | | 4 located, or if no newspaper is printed in the county then |
---|
1065 | 1065 | | 5 in a newspaper of general circulation in the state. |
---|
1066 | 1066 | | 6 |
---|
1067 | 1067 | | 7 |
---|
1068 | 1068 | | 8 |
---|
1069 | 1069 | | 9 |
---|
1070 | 1070 | | 10 (b) All applications for establishing and operating a |
---|
1071 | 1071 | | 11 branch shall be filed with the commissioner and be |
---|
1072 | 1072 | | 12 accompanied by a filing fee established by rule and |
---|
1073 | 1073 | | 13 regulation of the commissioner. The application shall be |
---|
1074 | 1074 | | 14 signed by the chief executive officer of the applicant bank |
---|
1075 | 1075 | | 15 and contain and be accompanied by the following |
---|
1076 | 1076 | | 16 information: |
---|
1077 | 1077 | | 17 |
---|
1078 | 1078 | | 18 (iii) Certification of publication of notice of |
---|
1079 | 1079 | | 19 the application |
---|
1080 | 1080 | | 20 at least once in a |
---|
1081 | 1081 | | 21 newspaper of general circulation in the county in which the |
---|
1082 | 1082 | | 22 proposed branch will be located; |
---|
1083 | 1083 | | 23 2025STATE OF WYOMING25LSO-059049HB02981 |
---|
1084 | 1084 | | 2 |
---|
1085 | 1085 | | 3 No branch shall be closed unless the parent bank certifies |
---|
1086 | 1086 | | 4 to the commissioner that all persons with an account at |
---|
1087 | 1087 | | 5 that branch have been notified of the date of closure not |
---|
1088 | 1088 | | 6 less than sixty (60) days before the date of closure and |
---|
1089 | 1089 | | 7 that a notice indicating the branch will be closed will be |
---|
1090 | 1090 | | 8 published |
---|
1091 | 1091 | | 9 |
---|
1092 | 1092 | | 10 |
---|
1093 | 1093 | | 11 general circulation in the county in which the branch is |
---|
1094 | 1094 | | 12 located at least weekly for three (3) consecutive weeks |
---|
1095 | 1095 | | 13 prior to the calendar week in which the date of closure |
---|
1096 | 1096 | | 14 will occur. |
---|
1097 | 1097 | | 15 |
---|
1098 | 1098 | | 16 |
---|
1099 | 1099 | | 17 |
---|
1100 | 1100 | | 18 (c) The applicant shall publish notice of the hearing |
---|
1101 | 1101 | | 19 |
---|
1102 | 1102 | | 20 once a week for three (3) |
---|
1103 | 1103 | | 21 consecutive weeks in a newspaper of general circulation in |
---|
1104 | 1104 | | 22 all municipalities affected by the change. At the |
---|
1105 | 1105 | | 23 conclusion of the hearing if the state banking commissioner 2025STATE OF WYOMING25LSO-059050HB0298 |
---|
1106 | 1106 | | 1 finds that a change of location is desirable and in the |
---|
1107 | 1107 | | 2 best interests of the bank and the municipality to which |
---|
1108 | 1108 | | 3 the bank is proposing to move, he shall grant a certificate |
---|
1109 | 1109 | | 4 authorizing the change of location. |
---|
1110 | 1110 | | 5 |
---|
1111 | 1111 | | 6 |
---|
1112 | 1112 | | 7 |
---|
1113 | 1113 | | 8 (b) Notice of the meeting of the stockholders shall |
---|
1114 | 1114 | | 9 be given by publication |
---|
1115 | 1115 | | 10 in a |
---|
1116 | 1116 | | 11 newspaper of general circulation in the county where the |
---|
1117 | 1117 | | 12 principal office of each merging bank is located, at least |
---|
1118 | 1118 | | 13 once a week for three (3) successive weeks, and |
---|
1119 | 1119 | | 14 |
---|
1120 | 1120 | | 15 by mail, at least fifteen (15) days before the date |
---|
1121 | 1121 | | 16 of the meeting, to each stockholder of record of each |
---|
1122 | 1122 | | 17 merging bank at his address on the books of his bank, who |
---|
1123 | 1123 | | 18 has not waived notice in writing. No notice by publication |
---|
1124 | 1124 | | 19 need be given if written waivers are received from the |
---|
1125 | 1125 | | 20 holders of two-thirds (2/3) of the outstanding shares of |
---|
1126 | 1126 | | 21 each class of voting stock. The notice shall state that |
---|
1127 | 1127 | | 22 dissenting stockholders will be entitled to payment of the 2025STATE OF WYOMING25LSO-059051HB0298 |
---|
1128 | 1128 | | 1 value of only those shares which are voted against approval |
---|
1129 | 1129 | | 2 of the plan. |
---|
1130 | 1130 | | 3 |
---|
1131 | 1131 | | 4 |
---|
1132 | 1132 | | 5 |
---|
1133 | 1133 | | 6 Upon approval of a merger agreement by the stockholders of |
---|
1134 | 1134 | | 7 each merging bank, the elements of the agreement shall be |
---|
1135 | 1135 | | 8 incorporated in a notice of the proposed merger with the |
---|
1136 | 1136 | | 9 effective date of the merger. The notice shall be published |
---|
1137 | 1137 | | 10 |
---|
1138 | 1138 | | 11 once each week for three (3) |
---|
1139 | 1139 | | 12 successive weeks in a newspaper of general circulation in |
---|
1140 | 1140 | | 13 each of the counties in which the merging banks are |
---|
1141 | 1141 | | 14 located. |
---|
1142 | 1142 | | 15 |
---|
1143 | 1143 | | 16 |
---|
1144 | 1144 | | 17 |
---|
1145 | 1145 | | 18 |
---|
1146 | 1146 | | 19 |
---|
1147 | 1147 | | 20 (c) Before issuance of a charter notice of a |
---|
1148 | 1148 | | 21 conversion with its effective date shall be published |
---|
1149 | 1149 | | 22 |
---|
1150 | 1150 | | 23 once each week for three (3) successive 2025STATE OF WYOMING25LSO-059052HB0298 |
---|
1151 | 1151 | | 1 weeks in a newspaper of general circulation in the county |
---|
1152 | 1152 | | 2 in which the financial institution is located. |
---|
1153 | 1153 | | 3 |
---|
1154 | 1154 | | 4 |
---|
1155 | 1155 | | 5 |
---|
1156 | 1156 | | 6 (b) Before the conservator turns back the affairs of |
---|
1157 | 1157 | | 7 the bank to its board of directors he shall give notice |
---|
1158 | 1158 | | 8 |
---|
1159 | 1159 | | 9 of general circulation in the community in which the bank |
---|
1160 | 1160 | | 10 is located. The notice shall state the date on which the |
---|
1161 | 1161 | | 11 affairs of the bank will be returned to its board of |
---|
1162 | 1162 | | 12 directors and that the provisions of W.S. 13-4-602 will not |
---|
1163 | 1163 | | 13 be effective fifteen (15) days after that date. On the date |
---|
1164 | 1164 | | 14 of the publication of the notice, the conservator shall |
---|
1165 | 1165 | | 15 send to every depositor under W.S. 13-4-602 a copy of the |
---|
1166 | 1166 | | 16 notice by registered mail addressed to his last known |
---|
1167 | 1167 | | 17 address on the records of the bank and a notice to every |
---|
1168 | 1168 | | 18 person making a deposit in the bank under W.S. 13-4-602 |
---|
1169 | 1169 | | 19 after the date of the |
---|
1170 | 1170 | | 20 affairs of the bank are returned to its directors. |
---|
1171 | 1171 | | 21 |
---|
1172 | 1172 | | 22 |
---|
1173 | 1173 | | 23 2025STATE OF WYOMING25LSO-059053HB02981 (a) If the state banking commissioner has paid the |
---|
1174 | 1174 | | 2 full amount of the claim to each depositor and creditor of |
---|
1175 | 1175 | | 3 the bank whose claims have been allowed, has made provision |
---|
1176 | 1176 | | 4 for unpaid deposits and has paid all the expenses of the |
---|
1177 | 1177 | | 5 liquidation, he shall call a meeting of the stockholders of |
---|
1178 | 1178 | | 6 the bank by giving notice for thirty (30) days |
---|
1179 | 1179 | | 7 in a newspaper |
---|
1180 | 1180 | | 8 published in the county in which the bank was located. |
---|
1181 | 1181 | | 9 |
---|
1182 | 1182 | | 10 |
---|
1183 | 1183 | | 11 |
---|
1184 | 1184 | | 12 |
---|
1185 | 1185 | | 13 (b) All applications for establishing and operating a |
---|
1186 | 1186 | | 14 branch shall be filed with the commissioner and be |
---|
1187 | 1187 | | 15 accompanied by a filing fee established by rule of the |
---|
1188 | 1188 | | 16 commissioner. The application shall be signed by the chief |
---|
1189 | 1189 | | 17 executive officer of the applicant supervised trust company |
---|
1190 | 1190 | | 18 and contain and be accompanied by the following |
---|
1191 | 1191 | | 19 information: |
---|
1192 | 1192 | | 20 |
---|
1193 | 1193 | | 21 (iii) Certification of publication of notice of |
---|
1194 | 1194 | | 22 the application |
---|
1195 | 1195 | | 23 at least one (1) 2025STATE OF WYOMING25LSO-059054HB0298 |
---|
1196 | 1196 | | 1 time in a newspaper of general circulation in the county in |
---|
1197 | 1197 | | 2 which the proposed branch will be located; |
---|
1198 | 1198 | | 3 |
---|
1199 | 1199 | | 4 |
---|
1200 | 1200 | | 5 |
---|
1201 | 1201 | | 6 |
---|
1202 | 1202 | | 7 (b) Upon filing with the commissioner the |
---|
1203 | 1203 | | 8 organizational instrument as required by W.S. 13-5-501, an |
---|
1204 | 1204 | | 9 application and any other information required by the rules |
---|
1205 | 1205 | | 10 and regulations of the board, the commissioner shall notify |
---|
1206 | 1206 | | 11 the applicants in writing within thirty (30) calendar days |
---|
1207 | 1207 | | 12 of any deficiency in the required information or that the |
---|
1208 | 1208 | | 13 application has been accepted for filing. When the |
---|
1209 | 1209 | | 14 commissioner is satisfied that all required information has |
---|
1210 | 1210 | | 15 been furnished, he shall notify the chairman of the board |
---|
1211 | 1211 | | 16 who shall establish a time and place for a public meeting |
---|
1212 | 1212 | | 17 or hearing if the application is contested which shall be |
---|
1213 | 1213 | | 18 not less than sixty (60) days nor more than one hundred |
---|
1214 | 1214 | | 19 twenty (120) days after notice from the commissioner that |
---|
1215 | 1215 | | 20 the application is in order. Within thirty (30) days after |
---|
1216 | 1216 | | 21 receipt of notice of the time and place of the public |
---|
1217 | 1217 | | 22 meeting or hearing, the applicant shall cause notice of |
---|
1218 | 1218 | | 23 filing of the application and of the meeting or hearing to 2025STATE OF WYOMING25LSO-059055HB0298 |
---|
1219 | 1219 | | 1 be published at the applicant's expense |
---|
1220 | 1220 | | 2 in a newspaper of general |
---|
1221 | 1221 | | 3 circulation within the county where the proposed public |
---|
1222 | 1222 | | 4 trust company is to be located. Publication shall be made |
---|
1223 | 1223 | | 5 |
---|
1224 | 1224 | | 6 |
---|
1225 | 1225 | | 7 at least once a week for three (3) consecutive weeks before |
---|
1226 | 1226 | | 8 the meeting, |
---|
1227 | 1227 | | 9 |
---|
1228 | 1228 | | 10 location of the public trust company, the names of the |
---|
1229 | 1229 | | 11 proposed applicants for a charter, the nature of the |
---|
1230 | 1230 | | 12 activities to be conducted by the proposed institution and |
---|
1231 | 1231 | | 13 other information as the commissioner shall prescribe by |
---|
1232 | 1232 | | 14 rule. The applicant shall furnish proof of publication to |
---|
1233 | 1233 | | 15 the commissioner not more than ten (10) days prior to the |
---|
1234 | 1234 | | 16 public meeting or hearing. |
---|
1235 | 1235 | | 17 |
---|
1236 | 1236 | | 18 |
---|
1237 | 1237 | | 19 |
---|
1238 | 1238 | | 20 (b) If the annual election of directors or managers |
---|
1239 | 1239 | | 21 is not held at the time designated, an election may be held |
---|
1240 | 1240 | | 22 within sixty (60) days thereafter following notice by |
---|
1241 | 1241 | | 23 publication 2025STATE OF WYOMING25LSO-059056HB0298 |
---|
1242 | 1242 | | 1 in three (3) |
---|
1243 | 1243 | | 2 consecutive issues of a weekly newspaper printed in the |
---|
1244 | 1244 | | 3 county in which the public trust company is located, or if |
---|
1245 | 1245 | | 4 no newspaper is printed in the county then in a newspaper |
---|
1246 | 1246 | | 5 of general circulation in the state. |
---|
1247 | 1247 | | 6 |
---|
1248 | 1248 | | 7 |
---|
1249 | 1249 | | 8 |
---|
1250 | 1250 | | 9 (b) Within thirty (30) days after receipt of notice |
---|
1251 | 1251 | | 10 of the time and place of the public hearing, the applicants |
---|
1252 | 1252 | | 11 shall cause notice of filing of the application and the |
---|
1253 | 1253 | | 12 hearing to be published at the applicants' expense |
---|
1254 | 1254 | | 13 in a newspaper of |
---|
1255 | 1255 | | 14 general circulation within the county where the proposed |
---|
1256 | 1256 | | 15 special purpose depository institution is to be located. |
---|
1257 | 1257 | | 16 Publication shall be made |
---|
1258 | 1258 | | 17 |
---|
1259 | 1259 | | 18 at least once a week for |
---|
1260 | 1260 | | 19 three (3) consecutive weeks before the hearing, |
---|
1261 | 1261 | | 20 the |
---|
1262 | 1262 | | 21 proposed location of the special purpose depository |
---|
1263 | 1263 | | 22 institution, the names of the applicants for a charter, the |
---|
1264 | 1264 | | 23 nature of the activities to be conducted by the proposed 2025STATE OF WYOMING25LSO-059057HB0298 |
---|
1265 | 1265 | | 1 institution and other information required by rule. The |
---|
1266 | 1266 | | 2 applicants shall furnish proof of publication to the |
---|
1267 | 1267 | | 3 commissioner not more than ten (10) days prior to the |
---|
1268 | 1268 | | 4 hearing. The commissioner shall send notice of the hearing |
---|
1269 | 1269 | | 5 to state and national banks, federal savings and loan |
---|
1270 | 1270 | | 6 associations and other financial institutions in the state |
---|
1271 | 1271 | | 7 and federal agencies who have requested notice from the |
---|
1272 | 1272 | | 8 commissioner. |
---|
1273 | 1273 | | 9 |
---|
1274 | 1274 | | 10 |
---|
1275 | 1275 | | 11 |
---|
1276 | 1276 | | 12 |
---|
1277 | 1277 | | 13 |
---|
1278 | 1278 | | 14 |
---|
1279 | 1279 | | 15 (a) Except where publication is made on the |
---|
1280 | 1280 | | 16 |
---|
1281 | 1281 | | 17 |
---|
1282 | 1282 | | 18 shall designate a legal newspaper and publish once therein |
---|
1283 | 1283 | | 19 the minutes of all regular and special meetings of the |
---|
1284 | 1284 | | 20 governing body and the titles of all ordinances passed. If |
---|
1285 | 1285 | | 21 a newspaper is not published in the city or town the |
---|
1286 | 1286 | | 22 proceedings or ordinances shall be posted for at least ten |
---|
1287 | 1287 | | 23 (10) days in the city or town clerk's office and in such 2025STATE OF WYOMING25LSO-059058HB0298 |
---|
1288 | 1288 | | 1 other places as the governing body determines. The clerk of |
---|
1289 | 1289 | | 2 each city or town shall within twelve (12) days after |
---|
1290 | 1290 | | 3 adjournment of every meeting, furnish the newspaper a copy |
---|
1291 | 1291 | | 4 of the proceedings of the meeting. Except for salaries and |
---|
1292 | 1292 | | 5 wages published under subsection (b) of this section, the |
---|
1293 | 1293 | | 6 copy shall include any bill presented to the governing body |
---|
1294 | 1294 | | 7 stating the amount of the bill, the amount allowed, the |
---|
1295 | 1295 | | 8 purpose of the bill and the claimant. Claims for part-time |
---|
1296 | 1296 | | 9 employees may be summarized by department without listing |
---|
1297 | 1297 | | 10 each part-time employee. The newspaper shall publish the |
---|
1298 | 1298 | | 11 copy of proceedings within nine (9) days after receipt. |
---|
1299 | 1299 | | 12 |
---|
1300 | 1300 | | 13 |
---|
1301 | 1301 | | 14 |
---|
1302 | 1302 | | 15 |
---|
1303 | 1303 | | 16 (a) Except as otherwise provided in subsection (b) of |
---|
1304 | 1304 | | 17 this section and W.S. 15-1-113(a), before the sale of any |
---|
1305 | 1305 | | 18 property of any city or town valued at five hundred dollars |
---|
1306 | 1306 | | 19 ($500.00) or more, an advertisement of the intended sale, |
---|
1307 | 1307 | | 20 describing the property and the terms of the sale, shall be |
---|
1308 | 1308 | | 21 published |
---|
1309 | 1309 | | 22 at least once each |
---|
1310 | 1310 | | 23 week for three (3) consecutive weeks in a newspaper having 2025STATE OF WYOMING25LSO-059059HB0298 |
---|
1311 | 1311 | | 1 general circulation in the community, announcing a public |
---|
1312 | 1312 | | 2 auction or calling for sealed bids for purchase of the |
---|
1313 | 1313 | | 3 property. The property shall be sold to the highest |
---|
1314 | 1314 | | 4 responsible bidder, unless the governing body of the city |
---|
1315 | 1315 | | 5 or town rejects all bids. The responsibility of the bidders |
---|
1316 | 1316 | | 6 shall be determined by the governing body of the city or |
---|
1317 | 1317 | | 7 town. |
---|
1318 | 1318 | | 8 |
---|
1319 | 1319 | | 9 (b) Any city or town, upon terms the governing body |
---|
1320 | 1320 | | 10 thereof determines, without advertising the sale or calling |
---|
1321 | 1321 | | 11 for bids, and after a public hearing, notice of which shall |
---|
1322 | 1322 | | 12 include the appraised value of all real properties involved |
---|
1323 | 1323 | | 13 and notice of proposed terms of any contract with an |
---|
1324 | 1324 | | 14 independent agency pursuant to paragraph (iii) of this |
---|
1325 | 1325 | | 15 subsection and is published |
---|
1326 | 1326 | | 16 at least |
---|
1327 | 1327 | | 17 once each week for three (3) consecutive weeks in a |
---|
1328 | 1328 | | 18 newspaper of general circulation in the county in which the |
---|
1329 | 1329 | | 19 city or town is located, may: |
---|
1330 | 1330 | | 20 |
---|
1331 | 1331 | | 21 |
---|
1332 | 1332 | | 22 2025STATE OF WYOMING25LSO-059060HB02981 (b) The advertisement shall be published |
---|
1333 | 1333 | | 2 |
---|
1334 | 1334 | | 3 on two (2) different occasions, at least seven |
---|
1335 | 1335 | | 4 (7) days apart, in a newspaper having general circulation |
---|
1336 | 1336 | | 5 in the city or town, or if a joint powers board in any city |
---|
1337 | 1337 | | 6 or town which is a member of the board. The published |
---|
1338 | 1338 | | 7 notice shall state the place, date and time when the bids |
---|
1339 | 1339 | | 8 or proposals will be received and bids will be publicly |
---|
1340 | 1340 | | 9 opened and the place where interested persons may obtain |
---|
1341 | 1341 | | 10 complete specifications of work to be performed. |
---|
1342 | 1342 | | 11 |
---|
1343 | 1343 | | 12 |
---|
1344 | 1344 | | 13 |
---|
1345 | 1345 | | 14 |
---|
1346 | 1346 | | 15 (a) Every ordinance before becoming effective shall |
---|
1347 | 1347 | | 16 be published |
---|
1348 | 1348 | | 17 at least once in a |
---|
1349 | 1349 | | 18 newspaper of general circulation, which maintains a |
---|
1350 | 1350 | | 19 physical office at which advertisements are accepted and |
---|
1351 | 1351 | | 20 which is open to the public during regularly set business |
---|
1352 | 1352 | | 21 hours within the boundaries of the city or town. The |
---|
1353 | 1353 | | 22 |
---|
1354 | 1354 | | 23 within nine (9) days from the date of receipt. If 2025STATE OF WYOMING25LSO-059061HB0298 |
---|
1355 | 1355 | | 1 |
---|
1356 | 1356 | | 2 there is no |
---|
1357 | 1357 | | 3, the ordinance shall be posted for at least ten |
---|
1358 | 1358 | | 4 (10) days in the city clerk's office and in such other |
---|
1359 | 1359 | | 5 places as the governing body determines. Emergency |
---|
1360 | 1360 | | 6 ordinances are effective upon proclamation of the mayor, |
---|
1361 | 1361 | | 7 and as soon thereafter as is practicable they shall be |
---|
1362 | 1362 | | 8 published and posted in the manner required of other |
---|
1363 | 1363 | | 9 ordinances. |
---|
1364 | 1364 | | 10 |
---|
1365 | 1365 | | 11 |
---|
1366 | 1366 | | 12 |
---|
1367 | 1367 | | 13 |
---|
1368 | 1368 | | 14 (b) The inspectors shall: |
---|
1369 | 1369 | | 15 |
---|
1370 | 1370 | | 16 (ii) Provide for a notice of the election which |
---|
1371 | 1371 | | 17 shall: |
---|
1372 | 1372 | | 18 |
---|
1373 | 1373 | | 19 (A) Be published |
---|
1374 | 1374 | | 20 |
---|
1375 | 1375 | | 21 least once a week for three (3) consecutive weeks in some |
---|
1376 | 1376 | | 22 newspaper published within the territory, and posted in |
---|
1377 | 1377 | | 23 five (5) places within the territory, with the posting and 2025STATE OF WYOMING25LSO-059062HB0298 |
---|
1378 | 1378 | | 1 publication occurring not less than three (3) weeks prior |
---|
1379 | 1379 | | 2 to the election; |
---|
1380 | 1380 | | 3 |
---|
1381 | 1381 | | 4 |
---|
1382 | 1382 | | 5 |
---|
1383 | 1383 | | 6 |
---|
1384 | 1384 | | 7 (a) If a majority of the ballots cast at the election |
---|
1385 | 1385 | | 8 are in favor of incorporation, the county clerk, |
---|
1386 | 1386 | | 9 immediately after the report has been filed in his office, |
---|
1387 | 1387 | | 10 shall publish the result |
---|
1388 | 1388 | | 11 in a newspaper published within the |
---|
1389 | 1389 | | 12 county, or if there is none, the clerk shall post the |
---|
1390 | 1390 | | 13 result in five (5) public places within the limits of the |
---|
1391 | 1391 | | 14 proposed city or town. A copy of the notice with proof of |
---|
1392 | 1392 | | 15 its publication or posting shall be filed in the office of |
---|
1393 | 1393 | | 16 the county clerk with the other documents relating to the |
---|
1394 | 1394 | | 17 incorporation. |
---|
1395 | 1395 | | 18 |
---|
1396 | 1396 | | 19 |
---|
1397 | 1397 | | 20 |
---|
1398 | 1398 | | 21 |
---|
1399 | 1399 | | 22 (b) The clerk shall give notice of the public hearing |
---|
1400 | 1400 | | 23 by publishing a notice 2025STATE OF WYOMING25LSO-059063HB0298 |
---|
1401 | 1401 | | 1 |
---|
1402 | 1402 | | 2 in a newspaper of general circulation in the territory |
---|
1403 | 1403 | | 3 sought to be annexed. The first notice shall be given at |
---|
1404 | 1404 | | 4 least fifteen (15) business days prior to the date of the |
---|
1405 | 1405 | | 5 public hearing. The notice shall contain a location map |
---|
1406 | 1406 | | 6 which includes identifiable landmarks and boundaries of the |
---|
1407 | 1407 | | 7 area sought to be annexed and the area which will, as a |
---|
1408 | 1408 | | 8 result of the annexation then be brought within one-half |
---|
1409 | 1409 | | 9 (1/2) mile of the new corporate limits of the city, if it |
---|
1410 | 1410 | | 10 has exercised the authority granted under W.S. |
---|
1411 | 1411 | | 11 15-3-202(b)(ii). The notice shall include a summary of the |
---|
1412 | 1412 | | 12 proposed annexation report prepared pursuant to W.S. |
---|
1413 | 1413 | | 13 15-1-402(c). Upon written request to the clerk of the |
---|
1414 | 1414 | | 14 annexing municipality, the clerk shall provide a legal |
---|
1415 | 1415 | | 15 description of the area and the names of the persons owning |
---|
1416 | 1416 | | 16 property within the area. |
---|
1417 | 1417 | | 17 |
---|
1418 | 1418 | | 18 |
---|
1419 | 1419 | | 19 |
---|
1420 | 1420 | | 20 |
---|
1421 | 1421 | | 21 |
---|
1422 | 1422 | | 22 (c) The governing body may exclude from any city or |
---|
1423 | 1423 | | 23 town land sufficient for the construction of state 2025STATE OF WYOMING25LSO-059064HB0298 |
---|
1424 | 1424 | | 1 highways. Notice of the intended action and the time and |
---|
1425 | 1425 | | 2 place of public hearing for objections shall be published |
---|
1426 | 1426 | | 3 |
---|
1427 | 1427 | | 4 once each week for |
---|
1428 | 1428 | | 5 four (4) consecutive weeks prior to the hearing in a |
---|
1429 | 1429 | | 6 newspaper of general circulation within the city or town. |
---|
1430 | 1430 | | 7 No action may be taken by the governing body to exclude |
---|
1431 | 1431 | | 8 land for highway purposes over the objection of any owner |
---|
1432 | 1432 | | 9 of property to be excluded. |
---|
1433 | 1433 | | 10 |
---|
1434 | 1434 | | 11 |
---|
1435 | 1435 | | 12 |
---|
1436 | 1436 | | 13 (b) The petitioner shall be responsible for |
---|
1437 | 1437 | | 14 publishing a public notice of the petition |
---|
1438 | 1438 | | 15 in a newspaper of |
---|
1439 | 1439 | | 16 general circulation in the affected municipality no more |
---|
1440 | 1440 | | 17 than ten (10) days after filing the petition with the |
---|
1441 | 1441 | | 18 municipal clerk. The notice shall also include a map |
---|
1442 | 1442 | | 19 showing identifiable landmarks and boundaries. |
---|
1443 | 1443 | | 20 |
---|
1444 | 1444 | | 21 |
---|
1445 | 1445 | | 22 |
---|
1446 | 1446 | | 23 2025STATE OF WYOMING25LSO-059065HB02981 (b) No regulation, restriction or boundary is |
---|
1447 | 1447 | | 2 effective until after a public hearing. At least fifteen |
---|
1448 | 1448 | | 3 (15) days notice of the time and place |
---|
1449 | 1449 | | 4 of the hearing shall be published |
---|
1450 | 1450 | | 5 in a newspaper of general |
---|
1451 | 1451 | | 6 circulation in the city or town. |
---|
1452 | 1452 | | 7 |
---|
1453 | 1453 | | 8 |
---|
1454 | 1454 | | 9 |
---|
1455 | 1455 | | 10 |
---|
1456 | 1456 | | 11 (a) Immediately after the end of the fiscal year, the |
---|
1457 | 1457 | | 12 governing body shall publish |
---|
1458 | 1458 | | 13 in a newspaper, if one is published in the |
---|
1459 | 1459 | | 14 town, or if there is none then by posting in three (3) or |
---|
1460 | 1460 | | 15 more public places, an exhibit of the receipts and |
---|
1461 | 1461 | | 16 expenditures specifying: |
---|
1462 | 1462 | | 17 |
---|
1463 | 1463 | | 18 |
---|
1464 | 1464 | | 19 |
---|
1465 | 1465 | | 20 |
---|
1466 | 1466 | | 21 If it is ascertained that any city or town has attained a |
---|
1467 | 1467 | | 22 population of more than four thousand (4,000) inhabitants |
---|
1468 | 1468 | | 23 and that fact is certified to the governor by the mayor of 2025STATE OF WYOMING25LSO-059066HB0298 |
---|
1469 | 1469 | | 1 the city or town, attested by its seal, the governor, by |
---|
1470 | 1470 | | 2 public proclamation, shall declare the city or town to be a |
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1471 | 1471 | | 3 city of the first class. The proclamation shall be |
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1472 | 1472 | | 4 published by the city for three (3) consecutive weeks |
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1473 | 1473 | | 5 |
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1474 | 1474 | | 6 of general circulation in the city. A certified copy of |
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1475 | 1475 | | 7 the proclamation shall be recorded in the office of the |
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1476 | 1476 | | 8 county clerk of the county in which the city is situated. |
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1477 | 1477 | | 9 The record of the proclamation shall be received as |
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1478 | 1478 | | 10 evidence of the organization and corporate existence of the |
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1479 | 1479 | | 11 city as a city of the first class in any court within the |
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1480 | 1480 | | 12 state. |
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1481 | 1481 | | 13 |
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1482 | 1482 | | 14 |
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1483 | 1483 | | 15 |
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1484 | 1484 | | 16 |
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1485 | 1485 | | 17 (d) The resolution shall fix the time and place, when |
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1486 | 1486 | | 18 and where the governing body will meet to consider any |
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1487 | 1487 | | 19 remonstrances and objections to the proposed improvements, |
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1488 | 1488 | | 20 and the time within which remonstrances and objections must |
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1489 | 1489 | | 21 be filed with the city or town recorder. It shall direct |
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1490 | 1490 | | 22 the recorder to give a fifteen (15) day notice to all legal |
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1491 | 1491 | | 23 owners of record of the property liable to assessment for 2025STATE OF WYOMING25LSO-059067HB0298 |
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1492 | 1492 | | 1 the proposed improvements by publishing the resolution |
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1493 | 1493 | | 2 in one (1) |
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1494 | 1494 | | 3 issue of some newspaper published in the city or town once |
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1495 | 1495 | | 4 a week or more often. If |
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1496 | 1496 | | 5 no newspaper is |
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1497 | 1497 | | 6 published within the city or town, notice may be published |
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1498 | 1498 | | 7 in any newspaper of general circulation in the county once |
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1499 | 1499 | | 8 a week or more often. In addition to the publication, a |
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1500 | 1500 | | 9 copy of the resolution of intention shall be mailed, |
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1501 | 1501 | | 10 postage prepaid, at least fifteen (15) days prior to the |
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1502 | 1502 | | 11 hearing, to each legal owner of record of the property |
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1503 | 1503 | | 12 within the proposed district. |
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1504 | 1504 | | 13 |
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1505 | 1505 | | 14 |
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1506 | 1506 | | 15 |
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1507 | 1507 | | 16 |
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1508 | 1508 | | 17 (b) The improvements may be made under contracts, or |
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1509 | 1509 | | 18 as a part of a contract, publicly let by the state or any |
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1510 | 1510 | | 19 agency thereof, or by the city or town in the manner |
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1511 | 1511 | | 20 provided in this section and W.S. 15-6-302, or the city or |
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1512 | 1512 | | 21 town may make the improvements with its own equipment, |
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1513 | 1513 | | 22 labor and materials, without contract, or any combination |
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1514 | 1514 | | 23 of methods may be followed. If the improvements are to be 2025STATE OF WYOMING25LSO-059068HB0298 |
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1515 | 1515 | | 1 made by municipal contracts, the city clerk shall call for |
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1516 | 1516 | | 2 bids by publishing a notice |
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1517 | 1517 | | 3 in at least one (1) issue of some |
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1518 | 1518 | | 4 newspaper published within the city or town or within the |
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1519 | 1519 | | 5 county in which the city or town is located and in such |
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1520 | 1520 | | 6 other papers as the governing body may provide in the |
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1521 | 1521 | | 7 ordinance. |
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1522 | 1522 | | 8 |
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1523 | 1523 | | 9 |
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1524 | 1524 | | 10 |
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1525 | 1525 | | 11 |
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1526 | 1526 | | 12 |
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1527 | 1527 | | 13 (a) When an assessment roll for local improvements |
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1528 | 1528 | | 14 has been prepared, it shall be filed with the clerk of the |
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1529 | 1529 | | 15 city or town. The governing body shall then fix a date for |
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1530 | 1530 | | 16 hearing upon the roll before it and direct the clerk to |
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1531 | 1531 | | 17 give notice of the time and place of the hearing. Any |
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1532 | 1532 | | 18 person may object to the roll in writing and file the |
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1533 | 1533 | | 19 objections with the clerk on or before the date of the |
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1534 | 1534 | | 20 hearing. At the time and place fixed and at such other |
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1535 | 1535 | | 21 times to which the hearing may be continued, the governing |
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1536 | 1536 | | 22 body shall sit as a board of equalization to consider the |
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1537 | 1537 | | 23 roll. At the hearing or hearings, the governing body will 2025STATE OF WYOMING25LSO-059069HB0298 |
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1538 | 1538 | | 1 consider the objections or any part thereof, and correct, |
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1539 | 1539 | | 2 revise, raise, lower, change or modify the roll or any part |
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1540 | 1540 | | 3 thereof, or set it aside and order that the roll |
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1541 | 1541 | | 4 assessments be made de novo, in a manner appearing just and |
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1542 | 1542 | | 5 equitable, and then proceed to confirm the roll by |
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1543 | 1543 | | 6 ordinance. The notice of the hearing shall be published |
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1544 | 1544 | | 7 |
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1545 | 1545 | | 8 at least twice, by two (2) weekly |
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1546 | 1546 | | 9 publications in a newspaper of general circulation in the |
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1547 | 1547 | | 10 city or town. However, at least fifteen (15) days must |
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1548 | 1548 | | 11 elapse between the date of the first publication and the |
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1549 | 1549 | | 12 date fixed for the hearing. |
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1550 | 1550 | | 13 |
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1551 | 1551 | | 14 |
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1552 | 1552 | | 15 |
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1553 | 1553 | | 16 |
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1554 | 1554 | | 17 (b) The treasurer shall give notice of such sales by |
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1555 | 1555 | | 18 publishing a notice |
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1556 | 1556 | | 19 once a week for |
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1557 | 1557 | | 20 three (3) consecutive weeks in a newspaper published within |
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1558 | 1558 | | 21 the city or town, or if there is none, then in a newspaper |
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1559 | 1559 | | 22 of general circulation within the county. The notice shall |
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1560 | 1560 | | 23 contain a list of all property upon which assessments are 2025STATE OF WYOMING25LSO-059070HB0298 |
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1561 | 1561 | | 1 delinquent with the amount of the assessments, interest, |
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1562 | 1562 | | 2 penalties and costs to date of sale, including the cost of |
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1563 | 1563 | | 3 advertising the sale, together with the names of the owners |
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1564 | 1564 | | 4 of the property, or the words "unknown owners," as they |
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1565 | 1565 | | 5 appear upon the assessment roll. The notice shall include, |
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1566 | 1566 | | 6 in addition to the legal description of the property, the |
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1567 | 1567 | | 7 street address for the property used by the United States |
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1568 | 1568 | | 8 postal service when available, or the street address used |
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1569 | 1569 | | 9 by the county or municipality if available. The notice |
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1570 | 1570 | | 10 shall specify the time and place of sale and that the |
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1571 | 1571 | | 11 property described will be sold to satisfy the assessments, |
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1572 | 1572 | | 12 interest, penalties and costs due upon it. All such sales |
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1573 | 1573 | | 13 shall be made between the hours of 10:00 a.m. and 4:00 p.m. |
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1574 | 1574 | | 14 and shall take place at the front door of the building in |
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1575 | 1575 | | 15 which the governing body holds its sessions. The sale shall |
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1576 | 1576 | | 16 be continued from day to day, omitting Sundays and legal |
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1577 | 1577 | | 17 holidays, until all the property described in the |
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1578 | 1578 | | 18 assessment roll on which any assessment or installment is |
---|
1579 | 1579 | | 19 delinquent and unpaid is sold. All sales are public, and |
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1580 | 1580 | | 20 each lot, tract or parcel of land, or other property shall |
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1581 | 1581 | | 21 be sold separately in the order in which they appear upon |
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1582 | 1582 | | 22 the assessment roll. |
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1583 | 1583 | | 23 2025STATE OF WYOMING25LSO-059071HB02981 |
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1584 | 1584 | | 2 |
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1585 | 1585 | | 3 |
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1586 | 1586 | | 4 (b) Any such sale shall be conducted only after |
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1587 | 1587 | | 5 notice describing the property has been given and stating |
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1588 | 1588 | | 6 that the city treasurer, on the day specified, will sell |
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1589 | 1589 | | 7 the property at the front door of the building in which the |
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1590 | 1590 | | 8 governing body holds its sessions, between the hours of |
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1591 | 1591 | | 9 10:00 a.m. and 4:00 p.m., and continue the sale from day to |
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1592 | 1592 | | 10 day, or withdraw the property from sale after the first day |
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1593 | 1593 | | 11 if he deems that the interests of the city or town so |
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1594 | 1594 | | 12 require. The notice shall be published |
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1595 | 1595 | | 13 |
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1596 | 1596 | | 14 at least five (5) times in a daily newspaper published |
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1597 | 1597 | | 15 within the city or town, or if there is none, then at least |
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1598 | 1598 | | 16 twice in any newspaper of general circulation in the |
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1599 | 1599 | | 17 county. At least fifteen (15) days shall elapse between the |
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1600 | 1600 | | 18 date of the last publication of the notice and the day the |
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1601 | 1601 | | 19 property is sold. |
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1602 | 1602 | | 20 |
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1603 | 1603 | | 21 |
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1604 | 1604 | | 22 |
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1605 | 1605 | | 23 2025STATE OF WYOMING25LSO-059072HB02981 (a) Any property sold for an assessment is subject to |
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1606 | 1606 | | 2 redemption by the former owner, or his grantee, mortgagee, |
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1607 | 1607 | | 3 heir or other representative at any time within two (2) |
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1608 | 1608 | | 4 years from the date of the sale, upon the payment to the |
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1609 | 1609 | | 5 treasurer for the purchaser of the amount for which the |
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1610 | 1610 | | 6 property was sold, with interest at the rate of twelve |
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1611 | 1611 | | 7 percent (12%) per year, together with all taxes and special |
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1612 | 1612 | | 8 assessments, interest, penalties, costs and other charges |
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1613 | 1613 | | 9 thereon paid by the purchaser at or since the sale, with |
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1614 | 1614 | | 10 like interest thereon. Unless written notice of taxes and |
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1615 | 1615 | | 11 assessments subsequently paid, and the amount thereof, is |
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1616 | 1616 | | 12 deposited with the city or town treasurer, property may be |
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1617 | 1617 | | 13 redeemed without their inclusion. On any redemption, the |
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1618 | 1618 | | 14 treasurer shall give to the redemptioner a certificate of |
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1619 | 1619 | | 15 redemption and pay over the amount received to the |
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1620 | 1620 | | 16 purchaser of the certificate of sale or his assigns. If |
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1621 | 1621 | | 17 property is not redeemed within the period of two (2) |
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1622 | 1622 | | 18 years, the treasurer, on demand of the purchaser or his |
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1623 | 1623 | | 19 assigns and the surrender to him of the certificate of |
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1624 | 1624 | | 20 sale, shall execute a deed for the property to the |
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1625 | 1625 | | 21 purchaser or his assigns. No deed may be executed until the |
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1626 | 1626 | | 22 holder of the certificate of sale has notified the owners |
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1627 | 1627 | | 23 of the property that he holds the certificate and that he 2025STATE OF WYOMING25LSO-059073HB0298 |
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1628 | 1628 | | 1 will demand a deed therefor. The notice shall be given by |
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1629 | 1629 | | 2 personal service upon the owners. If the owners are |
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1630 | 1630 | | 3 nonresidents of the state or cannot be found within the |
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1631 | 1631 | | 4 state after diligent search, the notice may be given by |
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1632 | 1632 | | 5 publication |
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1633 | 1633 | | 6 in a newspaper of general |
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1634 | 1634 | | 7 circulation within the city or town once a week for three |
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1635 | 1635 | | 8 (3) successive weeks. The notice and return thereof, with |
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1636 | 1636 | | 9 the affidavit of the person, or in case of a city or town, |
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1637 | 1637 | | 10 of the comptroller or clerk, claiming a deed, showing that |
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1638 | 1638 | | 11 service was made, shall be filed with the treasurer. If |
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1639 | 1639 | | 12 property is not redeemed within sixty (60) days after the |
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1640 | 1640 | | 13 date of service, or the date of the first publication of |
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1641 | 1641 | | 14 the notice, the holder of the certificate of sale is |
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1642 | 1642 | | 15 entitled to a deed. The deed shall be executed only for the |
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1643 | 1643 | | 16 property described in the certificate, and after payment of |
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1644 | 1644 | | 17 all delinquent taxes and special assessments, or |
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1645 | 1645 | | 18 installments and certificates of delinquency or other |
---|
1646 | 1646 | | 19 certificates issued for special or local assessments, |
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1647 | 1647 | | 20 whether levied, assessed or issued before or after the |
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1648 | 1648 | | 21 issuance of the certificates of sale. Any deed may be |
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1649 | 1649 | | 22 issued to any city or town for the face amount of the |
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1650 | 1650 | | 23 certificate of sale, plus accrued interest, costs, 2025STATE OF WYOMING25LSO-059074HB0298 |
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1651 | 1651 | | 1 penalties and charges, and be held by the city or town |
---|
1652 | 1652 | | 2 subject to the liens of general taxes and special |
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1653 | 1653 | | 3 assessments. |
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1654 | 1654 | | 4 |
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1655 | 1655 | | 5 |
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1656 | 1656 | | 6 |
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1657 | 1657 | | 7 |
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1658 | 1658 | | 8 The city or town treasurer shall pay the principal and |
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1659 | 1659 | | 9 interest on bonds issued out of the respective local |
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1660 | 1660 | | 10 improvement funds from which they are payable. If there is |
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1661 | 1661 | | 11 sufficient money in any local improvement fund over the |
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1662 | 1662 | | 12 amount required for the payment of maturing principal and |
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1663 | 1663 | | 13 interest to pay the principal of one (1) or more bonds, |
---|
1664 | 1664 | | 14 which are subject to redemption on the next interest |
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1665 | 1665 | | 15 payment date, the treasurer shall call in and pay those |
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1666 | 1666 | | 16 bonds in numerical order. Notice of the call shall be made |
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1667 | 1667 | | 17 by publication |
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1668 | 1668 | | 18 in a newspaper of general circulation within the city or |
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1669 | 1669 | | 19 town, or by mail to the holder, if known, not less than |
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1670 | 1670 | | 20 fifteen (15) days prior to the date of call and shall state |
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1671 | 1671 | | 21 that bonds no. .... (giving the serial number or numbers of |
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1672 | 1672 | | 22 the bonds called) will be paid on the call day, and |
---|
1673 | 1673 | | 23 interest on those bonds shall cease upon that date. 2025STATE OF WYOMING25LSO-059075HB02981 |
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1674 | 1674 | | 2 |
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1675 | 1675 | | 3 |
---|
1676 | 1676 | | 4 |
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1677 | 1677 | | 5 The owner of any lot, tract or parcel of land or other |
---|
1678 | 1678 | | 6 property charged with any assessments may redeem it from |
---|
1679 | 1679 | | 7 all or any portion of the liability for the contract price |
---|
1680 | 1680 | | 8 of the improvement by paying the entire assessment or any |
---|
1681 | 1681 | | 9 portion thereof charged against the lot or parcel of land, |
---|
1682 | 1682 | | 10 without interest, within thirty (30) days after notice to |
---|
1683 | 1683 | | 11 him of the assessment unless the legal owners of record of |
---|
1684 | 1684 | | 12 all of the property assessed in the district have waived |
---|
1685 | 1685 | | 13 this thirty (30) day period. Unless the legal owners of |
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1686 | 1686 | | 14 record of all property assessed in the district waive the |
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1687 | 1687 | | 15 thirty (30) day cash payment period, the city or town |
---|
1688 | 1688 | | 16 treasurer, as soon as the assessment roll has been placed |
---|
1689 | 1689 | | 17 in his hands for collection, shall publish the notice |
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1690 | 1690 | | 18 in a newspaper |
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1691 | 1691 | | 19 of general circulation within the city or town. The notice |
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1692 | 1692 | | 20 shall be published |
---|
1693 | 1693 | | 21 |
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1694 | 1694 | | 22 once a week for two (2) consecutive weeks, |
---|
1695 | 1695 | | 23 shall specify that 2025STATE OF WYOMING25LSO-059076HB0298 |
---|
1696 | 1696 | | 1 the roll is in his hands for collection and that any |
---|
1697 | 1697 | | 2 assessment thereon or any portion of any assessment may be |
---|
1698 | 1698 | | 3 paid at any time within thirty (30) days from the date of |
---|
1699 | 1699 | | 4 the first publication of the notice without penalty, |
---|
1700 | 1700 | | 5 interest or costs. Bonds may be issued prior to the |
---|
1701 | 1701 | | 6 expiration of the thirty (30) day period but only if the |
---|
1702 | 1702 | | 7 legal owners of all of the property assessed in the |
---|
1703 | 1703 | | 8 district have waived the thirty (30) day cash payment |
---|
1704 | 1704 | | 9 period, and bonds may be issued at any time after the |
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1705 | 1705 | | 10 expiration of the thirty (30) day period. The governing |
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1706 | 1706 | | 11 body may provide that the owner of any lot or parcel of |
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1707 | 1707 | | 12 land may redeem it from all liability for the unpaid amount |
---|
1708 | 1708 | | 13 of the assessment at any time after the thirty (30) days, |
---|
1709 | 1709 | | 14 if applicable, by paying all the installments of the |
---|
1710 | 1710 | | 15 assessment remaining unpaid, with interest thereon to the |
---|
1711 | 1711 | | 16 date of the maturity of the installment next falling due. |
---|
1712 | 1712 | | 17 If any sum is paid as provided in this section, it shall be |
---|
1713 | 1713 | | 18 paid to the city treasurer, or to the officer whose duty it |
---|
1714 | 1714 | | 19 is to collect the assessments, and all sums so paid shall |
---|
1715 | 1715 | | 20 be applied solely to the payment of the cost and expense of |
---|
1716 | 1716 | | 21 the improvements or to the redemption of the bonds issued. |
---|
1717 | 1717 | | 22 |
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1718 | 1718 | | 23 2025STATE OF WYOMING25LSO-059077HB02981 |
---|
1719 | 1719 | | 2 Any first class city or any town having a population of |
---|
1720 | 1720 | | 3 four thousand (4,000) or more may provide by ordinance for |
---|
1721 | 1721 | | 4 letting to the lowest responsible bidder for any period not |
---|
1722 | 1722 | | 5 exceeding one (1) year, as prescribed by the ordinance, a |
---|
1723 | 1723 | | 6 contract for the construction, in accordance with |
---|
1724 | 1724 | | 7 specifications prepared by the city engineer and approved |
---|
1725 | 1725 | | 8 by the governing body, of all cement or concrete sidewalks |
---|
1726 | 1726 | | 9 which the governing body may order constructed during the |
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1727 | 1727 | | 10 term of the contract. The proposed ordinance shall be |
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1728 | 1728 | | 11 published |
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1729 | 1729 | | 12 at least two (2) times in a |
---|
1730 | 1730 | | 13 newspaper of general circulation within the city or town, |
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1731 | 1731 | | 14 and written notice thereof shall be served in the manner |
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1732 | 1732 | | 15 provided by Wyoming Rules of Civil Procedure upon the owner |
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1733 | 1733 | | 16 or owners of property abutting the sidewalks which have |
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1734 | 1734 | | 17 then been ordered and which are then proposed to be ordered |
---|
1735 | 1735 | | 18 to be constructed. The first publication of the ordinance |
---|
1736 | 1736 | | 19 shall be made and written notices served not less than |
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1737 | 1737 | | 20 thirty (30) days before the date for hearing objections. |
---|
1738 | 1738 | | 21 Any owner of any lot or parcel of land or property to be |
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1739 | 1739 | | 22 assessed for the cost of construction of the sidewalks then |
---|
1740 | 1740 | | 23 ordered or proposed to be ordered to be constructed may 2025STATE OF WYOMING25LSO-059078HB0298 |
---|
1741 | 1741 | | 1 appear in person or by counsel at the hearing and show |
---|
1742 | 1742 | | 2 cause, if any, why the sidewalks should not be constructed. |
---|
1743 | 1743 | | 3 If objections are made to the construction of the sidewalks |
---|
1744 | 1744 | | 4 by the owners or agents representing more than one-half |
---|
1745 | 1745 | | 5 (1/2) of the total number of lineal feet frontage of all |
---|
1746 | 1746 | | 6 property which would be assessed to defray the cost of the |
---|
1747 | 1747 | | 7 sidewalks, the sidewalks shall not be constructed. The |
---|
1748 | 1748 | | 8 contractor shall give bond for the performance of his |
---|
1749 | 1749 | | 9 contract as required by the ordinance. The ordinance shall |
---|
1750 | 1750 | | 10 provide that upon ordering the construction of any such |
---|
1751 | 1751 | | 11 sidewalk the city engineer or the street commissioner shall |
---|
1752 | 1752 | | 12 immediately give written notice thereof, served personally |
---|
1753 | 1753 | | 13 on the owner or owners, or agents of the abutting property, |
---|
1754 | 1754 | | 14 or by publication |
---|
1755 | 1755 | | 15 once a week for a |
---|
1756 | 1756 | | 16 period of four (4) weeks in a newspaper of general |
---|
1757 | 1757 | | 17 circulation within the city or town, fully describing the |
---|
1758 | 1758 | | 18 termini, course, width and character of the walk ordered. |
---|
1759 | 1759 | | 19 The notice shall provide for a period of thirty (30) days |
---|
1760 | 1760 | | 20 during which parties so desiring may construct the walk |
---|
1761 | 1761 | | 21 abutting their property, and that all the walks so ordered |
---|
1762 | 1762 | | 22 remaining unbuilt at the expiration of the thirty (30) days |
---|
1763 | 1763 | | 23 from the date of service, or of the first publication, 2025STATE OF WYOMING25LSO-059079HB0298 |
---|
1764 | 1764 | | 1 shall be constructed by the contractor. The ordinance shall |
---|
1765 | 1765 | | 2 also provide that at the expiration of the thirty (30) days |
---|
1766 | 1766 | | 3 the city engineer or the street commissioner shall notify |
---|
1767 | 1767 | | 4 the contractor to build the portions of the sidewalk |
---|
1768 | 1768 | | 5 ordered that have not been built. The contractor shall |
---|
1769 | 1769 | | 6 construct the sidewalk in accordance with the ordinance and |
---|
1770 | 1770 | | 7 his contract within sixty (60) days after he is so |
---|
1771 | 1771 | | 8 notified. |
---|
1772 | 1772 | | 9 |
---|
1773 | 1773 | | 10 |
---|
1774 | 1774 | | 11 |
---|
1775 | 1775 | | 12 |
---|
1776 | 1776 | | 13 (b) The proposed resolution shall be published |
---|
1777 | 1777 | | 14 |
---|
1778 | 1778 | | 15 at least five (5) times in a daily |
---|
1779 | 1779 | | 16 newspaper of general circulation within the city or town, |
---|
1780 | 1780 | | 17 or in a weekly newspaper in four (4) issues, and written |
---|
1781 | 1781 | | 18 notice thereof shall be served upon the owner or owners, or |
---|
1782 | 1782 | | 19 agents of the abutting property. The first publication of |
---|
1783 | 1783 | | 20 the resolution shall be made and the written notices served |
---|
1784 | 1784 | | 21 not less than thirty (30) days before the date set for |
---|
1785 | 1785 | | 22 hearing objections. |
---|
1786 | 1786 | | 23 2025STATE OF WYOMING25LSO-059080HB02981 |
---|
1787 | 1787 | | 2 |
---|
1788 | 1788 | | 3 |
---|
1789 | 1789 | | 4 (b) A notice signed by the city clerk stating that |
---|
1790 | 1790 | | 5 the resolution levying the assessment to defray the cost of |
---|
1791 | 1791 | | 6 installing the lighting system is on file in his office, |
---|
1792 | 1792 | | 7 subject to inspection for a period of five (5) days, shall |
---|
1793 | 1793 | | 8 be published |
---|
1794 | 1794 | | 9 |
---|
1795 | 1795 | | 10 newspaper of general circulation within the city or town, |
---|
1796 | 1796 | | 11 and written notice thereof shall be served upon the owner |
---|
1797 | 1797 | | 12 or owners or agents of the abutting property. The notice |
---|
1798 | 1798 | | 13 shall state the time and place at which the governing body |
---|
1799 | 1799 | | 14 will hear objections to the final adoption of the |
---|
1800 | 1800 | | 15 resolution. The hearing shall not be less than five (5) |
---|
1801 | 1801 | | 16 days after publication of the notice. |
---|
1802 | 1802 | | 17 |
---|
1803 | 1803 | | 18 |
---|
1804 | 1804 | | 19 |
---|
1805 | 1805 | | 20 |
---|
1806 | 1806 | | 21 (a) After any bonds to be issued for any of the |
---|
1807 | 1807 | | 22 purposes set forth in this article, other than special |
---|
1808 | 1808 | | 23 improvement bonds, have been approved by a vote of the 2025STATE OF WYOMING25LSO-059081HB0298 |
---|
1809 | 1809 | | 1 people, the governing body shall give notice by |
---|
1810 | 1810 | | 2 advertisement for three (3) consecutive weeks |
---|
1811 | 1811 | | 3 in a newspaper |
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1812 | 1812 | | 4 published in the city or town, if there is one, and if not, |
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1813 | 1813 | | 5 then in some newspaper of general circulation in the city |
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1814 | 1814 | | 6 or town, and in any newspaper published in other places as |
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1815 | 1815 | | 7 may be deemed expedient. The notice shall state that the |
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1816 | 1816 | | 8 city or town will receive bids for the sale of the bonds |
---|
1817 | 1817 | | 9 and shall give the time and place where bids will be |
---|
1818 | 1818 | | 10 received and opened. No bonds may be sold for less than |
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1819 | 1819 | | 11 their par value. |
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1820 | 1820 | | 12 |
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1821 | 1821 | | 13 |
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1822 | 1822 | | 14 |
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1823 | 1823 | | 15 |
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1824 | 1824 | | 16 A tax to be fixed by ordinance shall be levied each year to |
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1825 | 1825 | | 17 pay the interest on the bonds and to create a sinking fund |
---|
1826 | 1826 | | 18 for their redemption. The money that may be on hand at any |
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1827 | 1827 | | 19 time belonging to the sinking fund, until there are bonds |
---|
1828 | 1828 | | 20 redeemable, may be loaned or invested by the governing body |
---|
1829 | 1829 | | 21 in any public securities of the state, any subdivision |
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1830 | 1830 | | 22 thereof, or of the United States, and the interest that |
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1831 | 1831 | | 23 accrues shall be added to the sinking fund. If at any time 2025STATE OF WYOMING25LSO-059082HB0298 |
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1832 | 1832 | | 1 after ten (10) years from the issue of the bonds the sum in |
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1833 | 1833 | | 2 the sinking fund equals or exceeds five hundred dollars |
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1834 | 1834 | | 3 ($500.00), and from time to time thereafter when it |
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1835 | 1835 | | 4 accrues, the city or town treasurer shall publish a notice |
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1836 | 1836 | | 5 in a |
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1837 | 1837 | | 6 newspaper in the city or town that, thirty (30) days from |
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1838 | 1838 | | 7 the date of the notice, he will redeem the amount of bonds |
---|
1839 | 1839 | | 8 then payable, giving their number and giving preference to |
---|
1840 | 1840 | | 9 the oldest issue. If at the expiration of thirty (30) days |
---|
1841 | 1841 | | 10 the holder of those bonds fails to present them for |
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1842 | 1842 | | 11 payment, the interest thereon ceases, but the treasurer |
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1843 | 1843 | | 12 shall redeem them on presentation. A copy of the notice |
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1844 | 1844 | | 13 shall be sent to the bank designated as the place of |
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1845 | 1845 | | 14 payment of the interest on the bonds. |
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1846 | 1846 | | 15 |
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1847 | 1847 | | 16 |
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1848 | 1848 | | 17 |
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1849 | 1849 | | 18 |
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1850 | 1850 | | 19 If a majority of the votes are "for the bonds," the |
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1851 | 1851 | | 20 governing body shall publish a notice in a newspaper of |
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1852 | 1852 | | 21 general circulation in the city or town, and any other |
---|
1853 | 1853 | | 22 newspapers published in other places as deemed expedient, |
---|
1854 | 1854 | | 23 2025STATE OF WYOMING25LSO-059083HB0298 |
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1855 | 1855 | | 1 effect that the city or town will receive bids for the sale |
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1856 | 1856 | | 2 of the bonds and stating the time and place where bids will |
---|
1857 | 1857 | | 3 be received and opened. |
---|
1858 | 1858 | | 4 |
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1859 | 1859 | | 5 |
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1860 | 1860 | | 6 |
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1861 | 1861 | | 7 If the governing body of the city or town decides to submit |
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1862 | 1862 | | 8 the question of the sale of the property to a vote of the |
---|
1863 | 1863 | | 9 qualified electors, they shall publish, for a period of at |
---|
1864 | 1864 | | 10 least three (3) weeks before the election |
---|
1865 | 1865 | | 11 in a newspaper of |
---|
1866 | 1866 | | 12 general circulation in the city or town, a notice |
---|
1867 | 1867 | | 13 specifying the amount of the bid and the general terms and |
---|
1868 | 1868 | | 14 conditions contained in the proposal. A copy of the notice |
---|
1869 | 1869 | | 15 shall be posted for three (3) weeks immediately preceding |
---|
1870 | 1870 | | 16 the election in three (3) public places in the city or |
---|
1871 | 1871 | | 17 town. |
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1872 | 1872 | | 18 |
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1873 | 1873 | | 19 |
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1874 | 1874 | | 20 |
---|
1875 | 1875 | | 21 |
---|
1876 | 1876 | | 22 If the governing body considers it to be in the public |
---|
1877 | 1877 | | 23 interest to vacate any public park or part thereof from the 2025STATE OF WYOMING25LSO-059084HB0298 |
---|
1878 | 1878 | | 1 public use to which it was dedicated, it shall set a time |
---|
1879 | 1879 | | 2 and place for a public hearing upon the proposal to vacate. |
---|
1880 | 1880 | | 3 Notice of the hearing shall be published for three (3) |
---|
1881 | 1881 | | 4 consecutive weeks prior to the hearing |
---|
1882 | 1882 | | 5 in a newspaper published in the |
---|
1883 | 1883 | | 6 county in which the city or town is located, or if there is |
---|
1884 | 1884 | | 7 no newspaper published in that county, then in a newspaper |
---|
1885 | 1885 | | 8 published in this state and of general circulation in that |
---|
1886 | 1886 | | 9 county. The notice shall contain a statement of the time, |
---|
1887 | 1887 | | 10 place and purpose of the hearing, the reason for the |
---|
1888 | 1888 | | 11 proposed vacation and shall provide that any person |
---|
1889 | 1889 | | 12 objecting to the proposed vacation shall file his |
---|
1890 | 1890 | | 13 objections with the city or town clerk in writing at least |
---|
1891 | 1891 | | 14 twenty-four (24) hours before the time of the hearing. |
---|
1892 | 1892 | | 15 |
---|
1893 | 1893 | | 16 |
---|
1894 | 1894 | | 17 |
---|
1895 | 1895 | | 18 |
---|
1896 | 1896 | | 19 (b) A notice of the hearing shall be published |
---|
1897 | 1897 | | 20 |
---|
1898 | 1898 | | 21 in a newspaper having a general circulation in the |
---|
1899 | 1899 | | 22 area of operation of the municipality for two (2) |
---|
1900 | 1900 | | 23 successive weeks, with the last publication thereof to be 2025STATE OF WYOMING25LSO-059085HB0298 |
---|
1901 | 1901 | | 1 at least five (5) days prior to the hearing. The notice |
---|
1902 | 1902 | | 2 shall: |
---|
1903 | 1903 | | 3 |
---|
1904 | 1904 | | 4 |
---|
1905 | 1905 | | 5 |
---|
1906 | 1906 | | 6 |
---|
1907 | 1907 | | 7 |
---|
1908 | 1908 | | 8 (a) A municipality may: |
---|
1909 | 1909 | | 9 |
---|
1910 | 1910 | | 10 (ii) By notice published |
---|
1911 | 1911 | | 11 |
---|
1912 | 1912 | | 12 once each week for four (4) consecutive weeks in |
---|
1913 | 1913 | | 13 a newspaper having a general circulation in the community, |
---|
1914 | 1914 | | 14 prior to the execution of any contract to sell, lease or |
---|
1915 | 1915 | | 15 otherwise transfer real property and prior to the delivery |
---|
1916 | 1916 | | 16 of any instrument of conveyance with respect thereto under |
---|
1917 | 1917 | | 17 the provisions of this section, invite proposals from and |
---|
1918 | 1918 | | 18 make available all pertinent information to private |
---|
1919 | 1919 | | 19 redevelopers or any persons interested in undertaking to |
---|
1920 | 1920 | | 20 redevelop or rehabilitate an urban renewal area or any part |
---|
1921 | 1921 | | 21 thereof. The notice shall: |
---|
1922 | 1922 | | 22 |
---|
1923 | 1923 | | 23 2025STATE OF WYOMING25LSO-059086HB02981 |
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1924 | 1924 | | 2 Bonds may be sold at not less than par at public sales held |
---|
1925 | 1925 | | 3 after notice published prior to the sale |
---|
1926 | 1926 | | 4 in a newspaper having a general |
---|
1927 | 1927 | | 5 circulation in the area of operation and in any other |
---|
1928 | 1928 | | 6 medium of publication as the municipality determines or may |
---|
1929 | 1929 | | 7 be exchanged for other bonds on the basis of par. However, |
---|
1930 | 1930 | | 8 the bonds may be sold to the federal government at a |
---|
1931 | 1931 | | 9 private sale at not less than par. If less than all of the |
---|
1932 | 1932 | | 10 authorized principal amount on the bonds is sold to the |
---|
1933 | 1933 | | 11 federal government, the balance may be sold at private sale |
---|
1934 | 1934 | | 12 at not less than par at an interest cost to the |
---|
1935 | 1935 | | 13 municipality or not to exceed the interest cost to the |
---|
1936 | 1936 | | 14 municipality of the portion of the bonds sold to the |
---|
1937 | 1937 | | 15 federal government. |
---|
1938 | 1938 | | 16 |
---|
1939 | 1939 | | 17 |
---|
1940 | 1940 | | 18 |
---|
1941 | 1941 | | 19 An agency authorized to transact business and exercise |
---|
1942 | 1942 | | 20 powers under this chapter shall file with the local |
---|
1943 | 1943 | | 21 governing body on or before May 31 of each year a report of |
---|
1944 | 1944 | | 22 its activities for the preceding calendar year. The report |
---|
1945 | 1945 | | 23 shall include a complete financial statement setting forth 2025STATE OF WYOMING25LSO-059087HB0298 |
---|
1946 | 1946 | | 1 its assets, liabilities, income and operating expenses as |
---|
1947 | 1947 | | 2 of the end of that calendar year. At the time of filing the |
---|
1948 | 1948 | | 3 report, the agency shall publish |
---|
1949 | 1949 | | 4 in a newspaper of general |
---|
1950 | 1950 | | 5 circulation in the community a notice to the effect that |
---|
1951 | 1951 | | 6 the report has been filed with the municipality and is |
---|
1952 | 1952 | | 7 available for inspection during business hours in the |
---|
1953 | 1953 | | 8 office of the clerk of the municipality and in the office |
---|
1954 | 1954 | | 9 of the agency. |
---|
1955 | 1955 | | 10 |
---|
1956 | 1956 | | 11 |
---|
1957 | 1957 | | 12 |
---|
1958 | 1958 | | 13 |
---|
1959 | 1959 | | 14 |
---|
1960 | 1960 | | 15 (c) The governing body shall hold a public hearing on |
---|
1961 | 1961 | | 16 a plan of development or substantial modification of an |
---|
1962 | 1962 | | 17 approved plan of development after public notice by one (1) |
---|
1963 | 1963 | | 18 publication during the week immediately preceding the |
---|
1964 | 1964 | | 19 hearing, in |
---|
1965 | 1965 | | 20 a newspaper having a general circulation in the |
---|
1966 | 1966 | | 21 municipality. The notice shall describe the time, date, |
---|
1967 | 1967 | | 22 place and purpose of the hearing, shall generally identify |
---|
1968 | 1968 | | 23 the plan of development area covered by the plan and shall 2025STATE OF WYOMING25LSO-059088HB0298 |
---|
1969 | 1969 | | 1 outline the general scope of the development project under |
---|
1970 | 1970 | | 2 consideration. |
---|
1971 | 1971 | | 3 |
---|
1972 | 1972 | | 4 |
---|
1973 | 1973 | | 5 |
---|
1974 | 1974 | | 6 |
---|
1975 | 1975 | | 7 (a) An incorporated city or town may adopt the |
---|
1976 | 1976 | | 8 commission or city manager form of government or other |
---|
1977 | 1977 | | 9 lawful form of government as follows: |
---|
1978 | 1978 | | 10 |
---|
1979 | 1979 | | 11 (iv) When such petition is filed and determined |
---|
1980 | 1980 | | 12 by the city clerk to be legally sufficient, the mayor shall |
---|
1981 | 1981 | | 13 proclaim a special election on the question stating the |
---|
1982 | 1982 | | 14 present form of government, the proposed new form of |
---|
1983 | 1983 | | 15 government, and the time of the election. The proclamation |
---|
1984 | 1984 | | 16 shall be published |
---|
1985 | 1985 | | 17 at least once a |
---|
1986 | 1986 | | 18 week for four (4) consecutive weeks in a newspaper of |
---|
1987 | 1987 | | 19 general circulation in the city or town; |
---|
1988 | 1988 | | 20 |
---|
1989 | 1989 | | 21 |
---|
1990 | 1990 | | 22 2025STATE OF WYOMING25LSO-059089HB02981 (a) A summary of the proposed budget shall be entered |
---|
1991 | 1991 | | 2 into the minutes and the governing body shall publish the |
---|
1992 | 1992 | | 3 summary at least one (1) week before the hearing date |
---|
1993 | 1993 | | 4 |
---|
1994 | 1994 | | 5 having general circulation in which the municipality is |
---|
1995 | 1995 | | 6 located, if there is one, otherwise by posting the notice |
---|
1996 | 1996 | | 7 in three (3) conspicuous places within the municipality. |
---|
1997 | 1997 | | 8 |
---|
1998 | 1998 | | 9 |
---|
1999 | 1999 | | 10 |
---|
2000 | 2000 | | 11 If the governing body determines an emergency exists and |
---|
2001 | 2001 | | 12 the expenditure of money in excess of the general fund |
---|
2002 | 2002 | | 13 budget is necessary, it may make the expenditures from |
---|
2003 | 2003 | | 14 revenues available under W.S. 16-4-105(a)(ii) as reasonably |
---|
2004 | 2004 | | 15 necessary to meet the emergency. Notice of the declaration |
---|
2005 | 2005 | | 16 of emergency shall be published |
---|
2006 | 2006 | | 17 in a newspaper of general |
---|
2007 | 2007 | | 18 circulation in the municipality. |
---|
2008 | 2008 | | 19 |
---|
2009 | 2009 | | 20 |
---|
2010 | 2010 | | 21 |
---|
2011 | 2011 | | 22 (b) Special meetings may be called by the presiding |
---|
2012 | 2012 | | 23 officer of a governing body by giving verbal, electronic or 2025STATE OF WYOMING25LSO-059090HB0298 |
---|
2013 | 2013 | | 1 written notice |
---|
2014 | 2014 | | 2 of the meeting to |
---|
2015 | 2015 | | 3 each member of the governing body and to each newspaper of |
---|
2016 | 2016 | | 4 general circulation, radio or television station requesting |
---|
2017 | 2017 | | 5 the notice. The notice shall specify the time and place of |
---|
2018 | 2018 | | 6 the special meeting and the business to be transacted and |
---|
2019 | 2019 | | 7 shall be issued at least eight (8) hours prior to the |
---|
2020 | 2020 | | 8 commencement of the meeting. No other business shall be |
---|
2021 | 2021 | | 9 considered at a special meeting. Proof of delivery of |
---|
2022 | 2022 | | 10 verbal notice to the newspaper of general circulation, |
---|
2023 | 2023 | | 11 radio or television station may be made by affidavit of the |
---|
2024 | 2024 | | 12 clerk or other employee or officer of the agency charged or |
---|
2025 | 2025 | | 13 responsible for distribution of the notice of the meeting. |
---|
2026 | 2026 | | 14 |
---|
2027 | 2027 | | 15 |
---|
2028 | 2028 | | 16 |
---|
2029 | 2029 | | 17 |
---|
2030 | 2030 | | 18 (a) When any public work is let by contract, the |
---|
2031 | 2031 | | 19 public entity under whose direction or supervision the work |
---|
2032 | 2032 | | 20 is being carried on and conducted shall: |
---|
2033 | 2033 | | 21 |
---|
2034 | 2034 | | 22 (ii) Upon issuance of a certificate of |
---|
2035 | 2035 | | 23 substantial completion, cause notice to be published 2025STATE OF WYOMING25LSO-059091HB0298 |
---|
2036 | 2036 | | 1 |
---|
2037 | 2037 | | 2 |
---|
2038 | 2038 | | 3 published nearest the point at which the work is being |
---|
2039 | 2039 | | 4 carried on, once a week for two (2) consecutive weeks, and |
---|
2040 | 2040 | | 5 posted on the state procurement website or the public |
---|
2041 | 2041 | | 6 entity's official website. The notice shall set forth in |
---|
2042 | 2042 | | 7 substance that the public entity has accepted the work, or |
---|
2043 | 2043 | | 8 designated portion thereof, as substantially complete |
---|
2044 | 2044 | | 9 according to the contract and associated documents and that |
---|
2045 | 2045 | | 10 the general contractor is entitled to payment as provided |
---|
2046 | 2046 | | 11 in paragraph (iii) of this subsection upon the forty-first |
---|
2047 | 2047 | | 12 day (and the notice shall specify the exact date) after the |
---|
2048 | 2048 | | 13 notice was first published and posted. If the contract |
---|
2049 | 2049 | | 14 provides for multiple substantial completions, this |
---|
2050 | 2050 | | 15 paragraph shall apply to each substantial completion |
---|
2051 | 2051 | | 16 designated in the contract; |
---|
2052 | 2052 | | 17 |
---|
2053 | 2053 | | 18 |
---|
2054 | 2054 | | 19 |
---|
2055 | 2055 | | 20 |
---|
2056 | 2056 | | 21 (e) A governing body shall not fund a surface water |
---|
2057 | 2057 | | 22 utility until the proposition to impose the means of |
---|
2058 | 2058 | | 23 financing the surface water drainage utility has been 2025STATE OF WYOMING25LSO-059092HB0298 |
---|
2059 | 2059 | | 1 submitted to and adopted by the electors within the |
---|
2060 | 2060 | | 2 proposed surface water drainage area under this subsection. |
---|
2061 | 2061 | | 3 Upon adoption of a resolution or ordinance pursuant to |
---|
2062 | 2062 | | 4 subsection (a) of this section, the proposition to impose |
---|
2063 | 2063 | | 5 the means of financing the surface water drainage utility |
---|
2064 | 2064 | | 6 shall be submitted to the electors within the proposed |
---|
2065 | 2065 | | 7 utility on an election date determined by the governing |
---|
2066 | 2066 | | 8 body and authorized under W.S. 22-21-103.A notice of |
---|
2067 | 2067 | | 9 election shall be given |
---|
2068 | 2068 | | 10 |
---|
2069 | 2069 | | 11 circulation published in the county in which the election |
---|
2070 | 2070 | | 12 is to be held or in the city or town if only a city wide or |
---|
2071 | 2071 | | 13 town wide utility is proposed, and the notice shall specify |
---|
2072 | 2072 | | 14 the proposed means of financing the surface water drainage |
---|
2073 | 2073 | | 15 utility. At the election the ballots shall contain |
---|
2074 | 2074 | | 16 appropriate language explaining the proposed means of |
---|
2075 | 2075 | | 17 financing the surface water drainage utility. If the |
---|
2076 | 2076 | | 18 proposition is adopted, the governing body may proceed to |
---|
2077 | 2077 | | 19 issue revenue bonds or otherwise fund the surface water |
---|
2078 | 2078 | | 20 drainage utility as specified in the ballot proposition. If |
---|
2079 | 2079 | | 21 the proposition is defeated, a proposition to impose a |
---|
2080 | 2080 | | 22 means of financing the surface water drainage utility shall |
---|
2081 | 2081 | | 23 not again be submitted to the electors within the utility 2025STATE OF WYOMING25LSO-059093HB0298 |
---|
2082 | 2082 | | 1 before the next election date authorized under W.S. |
---|
2083 | 2083 | | 2 22-21-103 and occurring not less than two (2) years after |
---|
2084 | 2084 | | 3 the election at which the proposition was defeated. |
---|
2085 | 2085 | | 4 |
---|
2086 | 2086 | | 5 |
---|
2087 | 2087 | | 6 |
---|
2088 | 2088 | | 7 |
---|
2089 | 2089 | | 8 In its bylaws each association shall provide for one (1) or |
---|
2090 | 2090 | | 9 more regular meetings annually. The board of directors |
---|
2091 | 2091 | | 10 shall have the right to call a special meeting at any time, |
---|
2092 | 2092 | | 11 and ten percent (10%) of the members or stockholders may |
---|
2093 | 2093 | | 12 file a petition stating the specific business to be brought |
---|
2094 | 2094 | | 13 before the association, and demand a special meeting at any |
---|
2095 | 2095 | | 14 time. Such meeting must thereupon be called by the board of |
---|
2096 | 2096 | | 15 directors. Notice of all meetings, together with a |
---|
2097 | 2097 | | 16 statement of the purposes thereof, shall be mailed to each |
---|
2098 | 2098 | | 17 member at least twenty (20) days prior to the meeting. |
---|
2099 | 2099 | | 18 Provided, however, that the bylaws may require instead that |
---|
2100 | 2100 | | 19 such notice may be given by publication |
---|
2101 | 2101 | | 20 in a newspaper of general |
---|
2102 | 2102 | | 21 circulation, published at the principal place of business |
---|
2103 | 2103 | | 22 of the association. Date of publication of such meeting is 2025STATE OF WYOMING25LSO-059094HB0298 |
---|
2104 | 2104 | | 1 to be at least twenty (20) days before the date of such |
---|
2105 | 2105 | | 2 meeting. |
---|
2106 | 2106 | | 3 |
---|
2107 | 2107 | | 4 |
---|
2108 | 2108 | | 5 |
---|
2109 | 2109 | | 6 (a) Notice under this act shall be in writing unless |
---|
2110 | 2110 | | 7 oral notice is reasonable under the circumstances. Notice |
---|
2111 | 2111 | | 8 by |
---|
2112 | 2112 | | 9 electronic transmission is written notice. |
---|
2113 | 2113 | | 10 |
---|
2114 | 2114 | | 11 (b) Notice may be communicated in person; by |
---|
2115 | 2115 | | 12 telephone, telegraph, teletype, or other form of wire or |
---|
2116 | 2116 | | 13 wireless communication; or by mail or private carrier. If |
---|
2117 | 2117 | | 14 these forms of personal notice are impracticable, notice |
---|
2118 | 2118 | | 15 may be communicated |
---|
2119 | 2119 | | 16 by a newspaper of general circulation in the area |
---|
2120 | 2120 | | 17 where published; or by radio, television, or other form of |
---|
2121 | 2121 | | 18 public broadcast communication. |
---|
2122 | 2122 | | 19 |
---|
2123 | 2123 | | 20 |
---|
2124 | 2124 | | 21 |
---|
2125 | 2125 | | 22 |
---|
2126 | 2126 | | 23 (b) The notice shall: 2025STATE OF WYOMING25LSO-059095HB02981 |
---|
2127 | 2127 | | 2 (i) Be published |
---|
2128 | 2128 | | 3 one (1) time in a |
---|
2129 | 2129 | | 4 newspaper of general circulation in the county where the |
---|
2130 | 2130 | | 5 dissolved corporation's principal office, or, if none in |
---|
2131 | 2131 | | 6 this state, its registered office, is or was last located; |
---|
2132 | 2132 | | 7 |
---|
2133 | 2133 | | 8 |
---|
2134 | 2134 | | 9 |
---|
2135 | 2135 | | 10 |
---|
2136 | 2136 | | 11 (b) The notice shall: |
---|
2137 | 2137 | | 12 |
---|
2138 | 2138 | | 13 (i) Be published |
---|
2139 | 2139 | | 14 one (1) time in a |
---|
2140 | 2140 | | 15 newspaper of general circulation in the county where the |
---|
2141 | 2141 | | 16 dissolved corporation's principal office, or, if none in |
---|
2142 | 2142 | | 17 this state, its registered office, is or was last located; |
---|
2143 | 2143 | | 18 |
---|
2144 | 2144 | | 19 |
---|
2145 | 2145 | | 20 |
---|
2146 | 2146 | | 21 (b) A cooperative utility shall provide notice of any |
---|
2147 | 2147 | | 22 meeting of the board of directors at which an amendment |
---|
2148 | 2148 | | 23 proposed under subsection (a) of this section is to be 2025STATE OF WYOMING25LSO-059096HB0298 |
---|
2149 | 2149 | | 1 voted upon at least thirty (30) days before the meeting. |
---|
2150 | 2150 | | 2 The notice shall: |
---|
2151 | 2151 | | 3 |
---|
2152 | 2152 | | 4 (iii) Be fair and reasonable. Fair and |
---|
2153 | 2153 | | 5 reasonable notice includes, but is not limited to, |
---|
2154 | 2154 | | 6 advertisement |
---|
2155 | 2155 | | 7 in a newspaper of general circulation within the |
---|
2156 | 2156 | | 8 cooperative utility's service area and direct mailings to |
---|
2157 | 2157 | | 9 members such as in a bill or other communication. |
---|
2158 | 2158 | | 10 |
---|
2159 | 2159 | | 11 |
---|
2160 | 2160 | | 12 |
---|
2161 | 2161 | | 13 |
---|
2162 | 2162 | | 14 (b) The notice authorized by subsection (a) of this |
---|
2163 | 2163 | | 15 section shall: |
---|
2164 | 2164 | | 16 |
---|
2165 | 2165 | | 17 (i) Be published |
---|
2166 | 2166 | | 18 at least |
---|
2167 | 2167 | | 19 once in a newspaper of general circulation in the county in |
---|
2168 | 2168 | | 20 this state in which the dissolved limited liability |
---|
2169 | 2169 | | 21 company's principal office is located or, if it has none in |
---|
2170 | 2170 | | 22 this state, in the county in which the company's designated |
---|
2171 | 2171 | | 23 office is or was last located; 2025STATE OF WYOMING25LSO-059097HB02981 |
---|
2172 | 2172 | | 2 |
---|
2173 | 2173 | | 3 |
---|
2174 | 2174 | | 4 |
---|
2175 | 2175 | | 5 (b) The notice authorized by subsection (a) of this |
---|
2176 | 2176 | | 6 section shall: |
---|
2177 | 2177 | | 7 |
---|
2178 | 2178 | | 8 (i) Be published |
---|
2179 | 2179 | | 9 |
---|
2180 | 2180 | | 10 once in a newspaper of general circulation in the county of |
---|
2181 | 2181 | | 11 this state in which the principal office of the terminated |
---|
2182 | 2182 | | 12 statutory foundation was located or, if the foundation does |
---|
2183 | 2183 | | 13 not have a principal office in this state, in the county in |
---|
2184 | 2184 | | 14 which the designated office of the foundation is or was |
---|
2185 | 2185 | | 15 last located; |
---|
2186 | 2186 | | 16 |
---|
2187 | 2187 | | 17 |
---|
2188 | 2188 | | 18 |
---|
2189 | 2189 | | 19 |
---|
2190 | 2190 | | 20 (d) The proposition may be submitted at any general |
---|
2191 | 2191 | | 21 election. A notice of election shall be given |
---|
2192 | 2192 | | 22 in at least one (1) |
---|
2193 | 2193 | | 23 newspaper of general circulation published in the county 2025STATE OF WYOMING25LSO-059098HB0298 |
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2194 | 2194 | | 1 wherein the election is to be held and shall specify the |
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2195 | 2195 | | 2 object of the election. |
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2196 | 2196 | | 3 |
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2197 | 2197 | | 4 |
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2198 | 2198 | | 5he notice |
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2199 | 2199 | | 6 shall be published at least once each week for a thirty |
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2200 | 2200 | | 7 (30) day period preceding the election. At the election the |
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2201 | 2201 | | 8 ballots shall contain the words "for increasing the |
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2202 | 2202 | | 9 membership of the board of county commissioners from three |
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2203 | 2203 | | 10 (3) to five (5) members", and "against increasing the |
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2204 | 2204 | | 11 membership of the board of county commissioners from three |
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2205 | 2205 | | 12 (3) to five (5) members". |
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2206 | 2206 | | 13 |
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2207 | 2207 | | 14 |
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2208 | 2208 | | 15 |
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2209 | 2209 | | 16 |
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2210 | 2210 | | 17 Each board of county commissioners at their regular July |
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2211 | 2211 | | 18 meeting shall request a statement of the receipts and |
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2212 | 2212 | | 19 expenditures of the county during the preceding twelve (12) |
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2213 | 2213 | | 20 months setting forth the source and amount of all receipts |
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2214 | 2214 | | 21 and the purpose and the amount of all expenditures to be |
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2215 | 2215 | | 22 prepared upon reconciliation of all accounts by the county |
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2216 | 2216 | | 23 treasurer and county clerk, not later than September 30. 2025STATE OF WYOMING25LSO-059099HB0298 |
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2217 | 2217 | | 1 The statement shall be signed by the chairman and clerk of |
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2218 | 2218 | | 2 the board and shall be posted on the county's designated |
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2219 | 2219 | | 3 official website in the manner provided in W.S. 18-3-516(f) |
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2220 | 2220 | | 4 and published at least once in the county's designated |
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2221 | 2221 | | 5 official newspaper, subject to W.S. 9-1-309 and 9-1-310. |
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2222 | 2222 | | 6 |
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2223 | 2223 | | 7 |
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2224 | 2224 | | 8 |
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2225 | 2225 | | 9 |
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2226 | 2226 | | 10 (a) Each board of county commissioners shall post a |
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2227 | 2227 | | 11 comprehensive summary of the entire proceedings of all |
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2228 | 2228 | | 12 regular and special meetings held by the board on the |
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2229 | 2229 | | 13 county's official website in the manner provided in |
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2230 | 2230 | | 14 subsection (f) of this section and publish the |
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2231 | 2231 | | 15 comprehensive summary of the entire proceedings of all |
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2232 | 2232 | | 16 regular and special meetings held by them one (1) time in |
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2233 | 2233 | | 17 the county's designated official newspaper |
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2234 | 2234 | | 18. The county clerk of each county shall |
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2235 | 2235 | | 19 within twelve (12) working days after adjournment of every |
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2236 | 2236 | | 20 meeting for which the next scheduled meeting will be called |
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2237 | 2237 | | 21 to order in two (2) weeks time or less, or within eighteen |
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2238 | 2238 | | 22 (18) working days after adjournment of every meeting for |
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2239 | 2239 | | 23 which the next scheduled meeting will be called to order in 2025STATE OF WYOMING25LSO-0590100HB0298 |
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2240 | 2240 | | 1 more than two (2) weeks time, furnish the paper with a copy |
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2241 | 2241 | | 2 of the proceedings. |
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2242 | 2242 | | 3 Except for salaries and wages published under subsection |
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2243 | 2243 | | 4 (b) of this section, the copy shall include any bill |
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2244 | 2244 | | 5 presented to the board stating the amount of the bill, the |
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2245 | 2245 | | 6 amount allowed, the purpose of the bill and the claimant. |
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2246 | 2246 | | 7 Claims for part-time employees may be summarized by |
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2247 | 2247 | | 8 department without listing each part-time employee. The |
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2248 | 2248 | | 9 newspaper shall publish the copy of proceedings within nine |
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2249 | 2249 | | 10 (9) days after receipt. The board shall post on its |
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2250 | 2250 | | 11 official website, and if practicable publish, notice of the |
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2251 | 2251 | | 12 time of all regular and special meetings. |
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2252 | 2252 | | 13 |
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2253 | 2253 | | 14 (f) For all publications required by statute to be |
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2254 | 2254 | | 15 posted on a county's official website, the publication |
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2255 | 2255 | | 16 shall be posted at times required for publication in a |
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2256 | 2256 | | 17 designated official newspaper, subject to W.S. 9-1-309 and |
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2257 | 2257 | | 18. Until June 30, 2016, each board of county |
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2258 | 2258 | | 19 commissioners shall cause to be published in the designated |
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2259 | 2259 | | 20 official newspaper once per month, no less than twelve (12) |
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2260 | 2260 | | 21 times per year, a general public notice pertaining to |
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2261 | 2261 | | 22 access to county information. After June 30, 2016, this 2025STATE OF WYOMING25LSO-0590101HB0298 |
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2262 | 2262 | | 1 general public notice shall be published at least once per |
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2263 | 2263 | | 2 year. |
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2264 | 2264 | | 3 |
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2265 | 2265 | | 4 |
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2266 | 2266 | | 5 |
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2267 | 2267 | | 6 |
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2268 | 2268 | | 7 (a) Legal advertising required by law to be published |
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2269 | 2269 | | 8 |
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2270 | 2270 | | 9 the amount charged by a daily newspaper at the lowest rate |
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2271 | 2271 | | 10 for display advertising or by a weekly newspaper at the |
---|
2272 | 2272 | | 11 open local display advertising rate. Weekly newspapers |
---|
2273 | 2273 | | 12 shall grant customary discounts or contractual rates to any |
---|
2274 | 2274 | | 13 local government fulfilling the requirements necessary to |
---|
2275 | 2275 | | 14 qualify for the discount or rate. Legal advertising |
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2276 | 2276 | | 15 shall be in the same type size used by that |
---|
2277 | 2277 | | 16 publisher in regular classified advertising columns, |
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2278 | 2278 | | 17 provided that such type size shall be no larger than nine |
---|
2279 | 2279 | | 18 (9) point type, with spacing between lines not to exceed |
---|
2280 | 2280 | | 19 one-half (1/2) point leading. |
---|
2281 | 2281 | | 20 |
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2282 | 2282 | | 21 |
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2283 | 2283 | | 22 |
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2284 | 2284 | | 23 2025STATE OF WYOMING25LSO-0590102HB02981 (a) The publication of any legal notice, printing or |
---|
2285 | 2285 | | 2 advertising required by law is |
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2286 | 2286 | | 3 without force or effect unless published in a newspaper |
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2287 | 2287 | | 4 which has been regularly issued at least once each week for |
---|
2288 | 2288 | | 5 a period of fifty-two (52) consecutive weeks prior to the |
---|
2289 | 2289 | | 6 date of the first publication of the notice or |
---|
2290 | 2290 | | 7 advertisement, has a paid circulation of at least five |
---|
2291 | 2291 | | 8 hundred (500) and each page is not less than ten (10) |
---|
2292 | 2292 | | 9 inches by twelve and one-half (12.5) inches in size. |
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2293 | 2293 | | 10 |
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2294 | 2294 | | 11 |
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2295 | 2295 | | 12 |
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2296 | 2296 | | 13 (a) Within twenty (20) days after the office of any |
---|
2297 | 2297 | | 14 county commissioner becomes vacant the remaining members of |
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2298 | 2298 | | 15 the board shall declare a vacancy to exist and immediately |
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2299 | 2299 | | 16 give notice of the vacancy in writing to the chairman of |
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2300 | 2300 | | 17 the county central committee of the political party which |
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2301 | 2301 | | 18 the member whose office is vacant represented at the time |
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2302 | 2302 | | 19 of his election under W.S. 22-6-120(a)(vii), or at the time |
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2303 | 2303 | | 20 of his appointment if not elected to office. The chairman |
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2304 | 2304 | | 21 of the county central committee shall within twenty (20) |
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2305 | 2305 | | 22 days after receipt of the notice call a meeting of the |
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2306 | 2306 | | 23 county central committee. At the meeting the committee 2025STATE OF WYOMING25LSO-0590103HB0298 |
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2307 | 2307 | | 1 shall select three (3) persons qualified to fill the |
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2308 | 2308 | | 2 vacancy and transmit the names to the board of county |
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2309 | 2309 | | 3 commissioners. The board of county commissioners shall fill |
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2310 | 2310 | | 4 the vacancy within twenty (20) days after receiving the |
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2311 | 2311 | | 5 list from the county central committee by appointing one |
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2312 | 2312 | | 6 (1) of the persons whose names are submitted by the county |
---|
2313 | 2313 | | 7 central committee: |
---|
2314 | 2314 | | 8 |
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2315 | 2315 | | 9 (ii) If the incumbent commissioner did not |
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2316 | 2316 | | 10 represent any political party at the time of his election |
---|
2317 | 2317 | | 11 or appointment, the board of county commissioners shall |
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2318 | 2318 | | 12 publish in a |
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2319 | 2319 | | 13 newspaper of general circulation in the county notice that |
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2320 | 2320 | | 14 within twenty (20) days after publication any qualified |
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2321 | 2321 | | 15 person may make application directly to the county |
---|
2322 | 2322 | | 16 commissioners for appointment to fill the vacancy. Within |
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2323 | 2323 | | 17 twenty (20) days after the application deadline the county |
---|
2324 | 2324 | | 18 commissioners shall fill the vacancy by appointment of one |
---|
2325 | 2325 | | 19 (1) person qualified from those submitting applications. |
---|
2326 | 2326 | | 20 |
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2327 | 2327 | | 21 |
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2328 | 2328 | | 22 2025STATE OF WYOMING25LSO-0590104HB02981 (a) Each board of county commissioners may dissolve |
---|
2329 | 2329 | | 2 any board or district created under W.S. 18-11-101, |
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2330 | 2330 | | 3 18-12-105 or chapter 9, article 1 of this title in |
---|
2331 | 2331 | | 4 accordance with the following: |
---|
2332 | 2332 | | 5 |
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2333 | 2333 | | 6 (ii) Not later than one hundred twenty (120) |
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2334 | 2334 | | 7 days before the proposed dissolution, the board of county |
---|
2335 | 2335 | | 8 commissioners shall publish |
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2336 | 2336 | | 9 |
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2337 | 2337 | | 10 than two (2) times in the newspaper designated under W.S. |
---|
2338 | 2338 | | 11 18-3-517 a plan to dissolve and terminate the board or |
---|
2339 | 2339 | | 12 district previously created. The plan shall provide for, at |
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2340 | 2340 | | 13 a minimum: |
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2341 | 2341 | | 14 |
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2342 | 2342 | | 15 |
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2343 | 2343 | | 16 |
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2344 | 2344 | | 17 (a) Whenever the location of any monument which marks |
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2345 | 2345 | | 18 the corner of any tract or tracts of land is in dispute |
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2346 | 2346 | | 19 between the owners of the adjoining lands, the monument |
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2347 | 2347 | | 20 shall be established as follows: |
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2348 | 2348 | | 21 |
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2349 | 2349 | | 22 (i) The county surveyor of the county in which |
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2350 | 2350 | | 23 the corner is located or any registered land surveyor 2025STATE OF WYOMING25LSO-0590105HB0298 |
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2351 | 2351 | | 1 employed by one of the landowners shall immediately give |
---|
2352 | 2352 | | 2 notice in writing to all parties interested in the |
---|
2353 | 2353 | | 3 establishment of the corner, giving at least thirty (30) |
---|
2354 | 2354 | | 4 days notice and naming a day when he will make the |
---|
2355 | 2355 | | 5 necessary surveys to establish or restore the corner. If |
---|
2356 | 2356 | | 6 written notice cannot be made upon the owners or their |
---|
2357 | 2357 | | 7 agents because of nonresidence, then the notice shall be |
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2358 | 2358 | | 8 published |
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2359 | 2359 | | 9 once each week for four (4) |
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2360 | 2360 | | 10 consecutive weeks in a newspaper published in the county, |
---|
2361 | 2361 | | 11 or if there is no newspaper published in the county then in |
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2362 | 2362 | | 12 a newspaper of general circulation published nearest such |
---|
2363 | 2363 | | 13 county; |
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2364 | 2364 | | 14 |
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2365 | 2365 | | 15 |
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2366 | 2366 | | 16 |
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2367 | 2367 | | 17 |
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2368 | 2368 | | 18 All taxes and licenses are payable in money, and all |
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2369 | 2369 | | 19 properly attested orders and warrants are entitled to |
---|
2370 | 2370 | | 20 preference for payment according to date of presentation |
---|
2371 | 2371 | | 21 and acceptance at the treasurer's office, the oldest date |
---|
2372 | 2372 | | 22 to have preference. The treasurer shall not refuse to pay |
---|
2373 | 2373 | | 23 any order or warrant because there are unpresented prior 2025STATE OF WYOMING25LSO-0590106HB0298 |
---|
2374 | 2374 | | 1 orders or warrants if there is sufficient money in the |
---|
2375 | 2375 | | 2 treasury to pay all prior orders or warrants, with interest |
---|
2376 | 2376 | | 3 due thereon, as well as the order then presented. When the |
---|
2377 | 2377 | | 4 total of payable, interest drawing unpresented orders, |
---|
2378 | 2378 | | 5 amounts to five hundred dollars ($500.00), the treasurer |
---|
2379 | 2379 | | 6 shall cause |
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2380 | 2380 | | 7 |
---|
2381 | 2381 | | 8 two (2) weekly notices to be |
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2382 | 2382 | | 9 inserted in the official county newspaper. The notice shall |
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2383 | 2383 | | 10 briefly |
---|
2384 | 2384 | | 11 and in whose favor drawn, notifying the holders that they |
---|
2385 | 2385 | | 12 will cease to draw interest ten (10) days after |
---|
2386 | 2386 | | 13 |
---|
2387 | 2387 | | 14 |
---|
2388 | 2388 | | 15 the second notice |
---|
2389 | 2389 | | 16. This |
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2390 | 2390 | | 17 section shall not apply to Laramie and Albany counties. |
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2391 | 2391 | | 18 |
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2392 | 2392 | | 19 |
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2393 | 2393 | | 20 |
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2394 | 2394 | | 21 The board shall give notice by posting on the county's |
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2395 | 2395 | | 22 official website in the manner provided in W.S. 18-3-516(f) 2025STATE OF WYOMING25LSO-0590107HB0298 |
---|
2396 | 2396 | | 1 and by publication in the county's designated official |
---|
2397 | 2397 | | 2 newspaper, subject to W.S. 9-1-309 and 9-1-310. |
---|
2398 | 2398 | | 3 |
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2399 | 2399 | | 4 |
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2400 | 2400 | | 5 |
---|
2401 | 2401 | | 6 The board of county commissioners shall give notice by |
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2402 | 2402 | | 7 posting on the county's official website in the manner |
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2403 | 2403 | | 8 provided in W.S. 18-3-516(f) and by publication in the |
---|
2404 | 2404 | | 9 county's designated official newspaper, subject to W.S. |
---|
2405 | 2405 | | 10. |
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2406 | 2406 | | 11 |
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2407 | 2407 | | 12 |
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2408 | 2408 | | 13 |
---|
2409 | 2409 | | 14 Any county desiring to fund, refund, pay or redeem any of |
---|
2410 | 2410 | | 15 its outstanding indebtedness as provided by W.S. 18-4-501 |
---|
2411 | 2411 | | 16 may call its indebtedness to be redeemed by advertisement |
---|
2412 | 2412 | | 17 for two (2) weeks |
---|
2413 | 2413 | | 18 in the official newspaper of |
---|
2414 | 2414 | | 19 the county. The advertisement shall notify the holders that |
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2415 | 2415 | | 20 interest will cease twenty (20) days after the date of |
---|
2416 | 2416 | | 21 notice. |
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2417 | 2417 | | 22 2025STATE OF WYOMING25LSO-0590108HB02981 |
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2418 | 2418 | | 2 |
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2419 | 2419 | | 3 |
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2420 | 2420 | | 4 |
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2421 | 2421 | | 5 (a) Each board of county commissioners shall give |
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2422 | 2422 | | 6 notice by publication |
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2423 | 2423 | | 7 in some newspaper published in the county if |
---|
2424 | 2424 | | 8 there be one otherwise by three (3) notices posted in the |
---|
2425 | 2425 | | 9 county, one (1) of which is at the courthouse door, of its |
---|
2426 | 2426 | | 10 intention to issue and negotiate the bonds and invite |
---|
2427 | 2427 | | 11 bidders therefor. he |
---|
2428 | 2428 | | 12 notice shall also be published in a newspaper of general |
---|
2429 | 2429 | | 13 circulation in Cheyenne. |
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2430 | 2430 | | 14 |
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2431 | 2431 | | 15 |
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2432 | 2432 | | 16 |
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2433 | 2433 | | 17 |
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2434 | 2434 | | 18 |
---|
2435 | 2435 | | 19 |
---|
2436 | 2436 | | 20 |
---|
2437 | 2437 | | 21 (b) The planning and zoning commission may prepare |
---|
2438 | 2438 | | 22 and amend a comprehensive plan including zoning for |
---|
2439 | 2439 | | 23 promoting the public health, safety, morals and general 2025STATE OF WYOMING25LSO-0590109HB0298 |
---|
2440 | 2440 | | 1 welfare of the unincorporated areas of the county, and |
---|
2441 | 2441 | | 2 certify the plan to the board of county commissioners. |
---|
2442 | 2442 | | 3 Before certifying its plan or amendments thereto to the |
---|
2443 | 2443 | | 4 board the commission shall hold at least one (1) public |
---|
2444 | 2444 | | 5 hearing. Notice of the time and place of hearing shall be |
---|
2445 | 2445 | | 6 given |
---|
2446 | 2446 | | 7 |
---|
2447 | 2447 | | 8 by one (1) publication in |
---|
2448 | 2448 | | 9 a newspaper of general circulation in the county at least |
---|
2449 | 2449 | | 10 thirty (30) days before the date of the hearing. Any person |
---|
2450 | 2450 | | 11 may petition the planning and zoning commission to amend |
---|
2451 | 2451 | | 12 any zoning plan adopted under the provisions of W.S. |
---|
2452 | 2452 | | 13 18-5-201 through 18-5-208. |
---|
2453 | 2453 | | 14 |
---|
2454 | 2454 | | 15 (c) The planning and zoning commission shall prepare |
---|
2455 | 2455 | | 16 recommendations to effectuate the planning and zoning |
---|
2456 | 2456 | | 17 purposes and certify its recommendations to the board of |
---|
2457 | 2457 | | 18 county commissioners. Before adopting the recommendations |
---|
2458 | 2458 | | 19 the board shall hold at least one (1) public hearing. |
---|
2459 | 2459 | | 20 Notice of the time and place of hearing shall be given |
---|
2460 | 2460 | | 21 |
---|
2461 | 2461 | | 22 |
---|
2462 | 2462 | | 23 by one (1) publication in a 2025STATE OF WYOMING25LSO-0590110HB0298 |
---|
2463 | 2463 | | 1 newspaper of general circulation in the county at least |
---|
2464 | 2464 | | 2 fourteen (14) days before the date of the hearing. After |
---|
2465 | 2465 | | 3 public hearing has been held, the board shall vote upon the |
---|
2466 | 2466 | | 4 adoption of the planning or zoning recommendation. No |
---|
2467 | 2467 | | 5 planning or zoning recommendation shall be adopted unless a |
---|
2468 | 2468 | | 6 majority of the board votes in favor thereof. |
---|
2469 | 2469 | | 7 |
---|
2470 | 2470 | | 8 |
---|
2471 | 2471 | | 9 |
---|
2472 | 2472 | | 10 (a) To obtain the permit required by W.S. 18-5-502, |
---|
2473 | 2473 | | 11 the owner or developer of a facility shall submit an |
---|
2474 | 2474 | | 12 application to the board of county commissioners. The |
---|
2475 | 2475 | | 13 application shall: |
---|
2476 | 2476 | | 14 |
---|
2477 | 2477 | | 15 (ii) Certify that notice of the proposed |
---|
2478 | 2478 | | 16 facility will be published |
---|
2479 | 2479 | | 17 |
---|
2480 | 2480 | | 18 in a newspaper |
---|
2481 | 2481 | | 19 of general circulation in all counties in which the |
---|
2482 | 2482 | | 20 facility will be located at least twenty (20) days prior to |
---|
2483 | 2483 | | 21 the public hearing required by W.S. 18-5-506. The notice |
---|
2484 | 2484 | | 22 shall include a brief summary of the facility, invite the 2025STATE OF WYOMING25LSO-0590111HB0298 |
---|
2485 | 2485 | | 1 public to submit comments and identify the time and date of |
---|
2486 | 2486 | | 2 the hearing; |
---|
2487 | 2487 | | 3 |
---|
2488 | 2488 | | 4 |
---|
2489 | 2489 | | 5 |
---|
2490 | 2490 | | 6 |
---|
2491 | 2491 | | 7 (b) If a courthouse or jail to be replaced is sold it |
---|
2492 | 2492 | | 8 shall be sold at public auction to the highest bidder for |
---|
2493 | 2493 | | 9 cash or on terms of payment as determined by the board and |
---|
2494 | 2494 | | 10 in case of deferred payments, security is required |
---|
2495 | 2495 | | 11 satisfactory to the board. No sale shall occur until public |
---|
2496 | 2496 | | 12 notice has been given by posting on the county's official |
---|
2497 | 2497 | | 13 website in the manner provided in W.S. 18-3-516(f) and by |
---|
2498 | 2498 | | 14 publishing in the county's designated official newspaper |
---|
2499 | 2499 | | 15 once a week for two (2) weeks, subject to W.S. 9-1-309 and |
---|
2500 | 2500 | | 16. The notice shall specify the time, place and terms |
---|
2501 | 2501 | | 17 of sale. All proceeds of the sale shall be paid into the |
---|
2502 | 2502 | | 18 county treasury and only expended for a site or toward the |
---|
2503 | 2503 | | 19 erection of a new building to replace the one sold. |
---|
2504 | 2504 | | 20 |
---|
2505 | 2505 | | 21 |
---|
2506 | 2506 | | 22 2025STATE OF WYOMING25LSO-0590112HB0298 |
---|
2507 | 2507 | | 1 |
---|
2508 | 2508 | | 2 |
---|
2509 | 2509 | | 3 |
---|
2510 | 2510 | | 4 (a) Whenever the board of county commissioners deems |
---|
2511 | 2511 | | 5 it in the best interest of the county to have a jail |
---|
2512 | 2512 | | 6 constructed they shall cause plans and specifications for a |
---|
2513 | 2513 | | 7 jail to be prepared by a competent architect. After the |
---|
2514 | 2514 | | 8 plans and specifications are prepared, reviewed and |
---|
2515 | 2515 | | 9 critiqued by the sheriff and adopted by the board of county |
---|
2516 | 2516 | | 10 commissioners they shall deposit them in the office of the |
---|
2517 | 2517 | | 11 county clerk for the county where they shall be available |
---|
2518 | 2518 | | 12 for the inspection of all persons. The board of county |
---|
2519 | 2519 | | 13 commissioners shall give notice that they will receive |
---|
2520 | 2520 | | 14 sealed proposals for the building of the jail according to |
---|
2521 | 2521 | | 15 the plans and specifications by posting on the county's |
---|
2522 | 2522 | | 16 official website in the manner provided in W.S. 18-3-516(f) |
---|
2523 | 2523 | | 17 and by publication in the county's designated official |
---|
2524 | 2524 | | 18 newspaper once each week for two (2) consecutive weeks |
---|
2525 | 2525 | | 19. The notices shall |
---|
2526 | 2526 | | 20 state that the commissioners will until a specified day not |
---|
2527 | 2527 | | 21 less than thirty (30) days from publication of the last |
---|
2528 | 2528 | | 22 notice receive sealed proposals for the building of all or 2025STATE OF WYOMING25LSO-0590113HB0298 |
---|
2529 | 2529 | | 1 part of the jail. Proposals shall be delivered to the |
---|
2530 | 2530 | | 2 county clerk. |
---|
2531 | 2531 | | 3 |
---|
2532 | 2532 | | 4 |
---|
2533 | 2533 | | 5 |
---|
2534 | 2534 | | 6 If the proposal to issue bonds is approved, the board of |
---|
2535 | 2535 | | 7 trustees may issue bonds in such form as they decide and |
---|
2536 | 2536 | | 8 shall give notice by publication in some newspaper |
---|
2537 | 2537 | | 9 published in the counties in which the district is located |
---|
2538 | 2538 | | 10 and in some newspaper of general circulation in Cheyenne, |
---|
2539 | 2539 | | 11 Wyoming, or on the centralized electronic notice system, of |
---|
2540 | 2540 | | 12 its intention to issue and negotiate such bonds and to |
---|
2541 | 2541 | | 13 invite bidders therefor. In no case shall the bonds be sold |
---|
2542 | 2542 | | 14 for less than their full or par value and the accrued |
---|
2543 | 2543 | | 15 interest thereon at the time of their delivery. The |
---|
2544 | 2544 | | 16 trustees may reject any bids or sell the bonds at private |
---|
2545 | 2545 | | 17 sale if they deem it for the best interest of the district. |
---|
2546 | 2546 | | 18 |
---|
2547 | 2547 | | 19 |
---|
2548 | 2548 | | 20 |
---|
2549 | 2549 | | 21 |
---|
2550 | 2550 | | 22 (b) After July 1, 2023, as an alternative to forming |
---|
2551 | 2551 | | 23 a district under subsection (a) of this section, a district 2025STATE OF WYOMING25LSO-0590114HB0298 |
---|
2552 | 2552 | | 1 to provide emergency medical services under W.S. |
---|
2553 | 2553 | | 2 18-12-112(a)(xxii) may be established by resolution of the |
---|
2554 | 2554 | | 3 board of county commissioners. A resolution under this |
---|
2555 | 2555 | | 4 subsection shall establish one (1) or more districts to |
---|
2556 | 2556 | | 5 provide emergency medical services composed of any portion |
---|
2557 | 2557 | | 6 of the county. Areas may be added to or subtracted from an |
---|
2558 | 2558 | | 7 existing district by resolution of the board of county |
---|
2559 | 2559 | | 8 commissioners. Not less than sixty (60) days before any |
---|
2560 | 2560 | | 9 resolution pursuant to this subsection is signed, the board |
---|
2561 | 2561 | | 10 of county commissioners shall hold a public hearing and |
---|
2562 | 2562 | | 11 publish the proposed resolution, including the date and |
---|
2563 | 2563 | | 12 time of the public hearing, |
---|
2564 | 2564 | | 13 in a newspaper of general circulation in |
---|
2565 | 2565 | | 14 the county. |
---|
2566 | 2566 | | 15 on the county's website. The board |
---|
2567 | 2567 | | 16 of county commissioners shall submit the proposed |
---|
2568 | 2568 | | 17 boundaries of the district to the county assessor and the |
---|
2569 | 2569 | | 18 department of revenue for review for any conflict, overlap, |
---|
2570 | 2570 | | 19 gap or other boundary issue. The assessor and the |
---|
2571 | 2571 | | 20 department may make written comments thereon to the county |
---|
2572 | 2572 | | 21 commissioners before the public hearing. The board of |
---|
2573 | 2573 | | 22 county commissioners may dissolve a district established |
---|
2574 | 2574 | | 23 under this subsection in accordance with W.S. 18-3-525. 2025STATE OF WYOMING25LSO-0590115HB02981 |
---|
2575 | 2575 | | 2 |
---|
2576 | 2576 | | 3 |
---|
2577 | 2577 | | 4 (a) At the request of the board the county clerk |
---|
2578 | 2578 | | 5 shall give notice, by advertisement |
---|
2579 | 2579 | | 6 once |
---|
2580 | 2580 | | 7 in a newspaper of general circulation in the county, to the |
---|
2581 | 2581 | | 8 owners of the property to be assessed to provide: |
---|
2582 | 2582 | | 9 |
---|
2583 | 2583 | | 10 |
---|
2584 | 2584 | | 11 |
---|
2585 | 2585 | | 12 |
---|
2586 | 2586 | | 13 (c) All names filed shall be printed on a ballot and |
---|
2587 | 2587 | | 14 furnished to each elector at each polling place on the day |
---|
2588 | 2588 | | 15 of election. Nothing in this section shall be construed to |
---|
2589 | 2589 | | 16 prevent a voter from writing in the name of any qualified |
---|
2590 | 2590 | | 17 person on the ballot. The names of all persons filing as |
---|
2591 | 2591 | | 18 candidates shall be published |
---|
2592 | 2592 | | 19 in a newspaper of general circulation in |
---|
2593 | 2593 | | 20 the county not later than the Saturday preceding the |
---|
2594 | 2594 | | 21 election. |
---|
2595 | 2595 | | 22 2025STATE OF WYOMING25LSO-0590116HB02981 |
---|
2596 | 2596 | | 2 |
---|
2597 | 2597 | | 3 |
---|
2598 | 2598 | | 4 (d) Between July 1, 2023 and the date on which a |
---|
2599 | 2599 | | 5 district is required to renew a mill levy in accordance |
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2600 | 2600 | | 6 with this chapter, a district may designate and provide |
---|
2601 | 2601 | | 7 additional senior citizen service district programs or |
---|
2602 | 2602 | | 8 services under this chapter. The provision of additional |
---|
2603 | 2603 | | 9 programs or services under this subsection shall be in |
---|
2604 | 2604 | | 10 accordance with all of the following: |
---|
2605 | 2605 | | 11 |
---|
2606 | 2606 | | 12 (i) Before providing the additional services or |
---|
2607 | 2607 | | 13 programs, the district shall: |
---|
2608 | 2608 | | 14 |
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2609 | 2609 | | 15 (C) Publish a description of the proposed |
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2610 | 2610 | | 16 additional programs or services and the date, time and |
---|
2611 | 2611 | | 17 place of the public hearing |
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2612 | 2612 | | 18 not less |
---|
2613 | 2613 | | 19 than one (1) time in a newspaper of general circulation in |
---|
2614 | 2614 | | 20 the district and not later than thirty (30) days before the |
---|
2615 | 2615 | | 21 public hearing; |
---|
2616 | 2616 | | 22 |
---|
2617 | 2617 | | 23 2025STATE OF WYOMING25LSO-0590117HB02981 |
---|
2618 | 2618 | | 2 (a) At the request of the board, the county clerk |
---|
2619 | 2619 | | 3 shall give notice, by advertisement |
---|
2620 | 2620 | | 4 once |
---|
2621 | 2621 | | 5 in a newspaper of general circulation in the county, to the |
---|
2622 | 2622 | | 6 owners of the property to be assessed to provide: |
---|
2623 | 2623 | | 7 |
---|
2624 | 2624 | | 8 |
---|
2625 | 2625 | | 9 |
---|
2626 | 2626 | | 10 (a) The board of trustees in each school district |
---|
2627 | 2627 | | 11 shall: |
---|
2628 | 2628 | | 12 |
---|
2629 | 2629 | | 13 (i) Prescribe and enforce rules, regulations and |
---|
2630 | 2630 | | 14 policies for its own government and for the government of |
---|
2631 | 2631 | | 15 the schools under its jurisdiction. Rules and regulations |
---|
2632 | 2632 | | 16 shall be consistent with the laws of the state and rules |
---|
2633 | 2633 | | 17 and regulations of the state board and the state |
---|
2634 | 2634 | | 18 superintendent and shall be open to public inspection. Any |
---|
2635 | 2635 | | 19 |
---|
2636 | 2636 | | 20 |
---|
2637 | 2637 | | 21; |
---|
2638 | 2638 | | 22 |
---|
2639 | 2639 | | 23 2025STATE OF WYOMING25LSO-0590118HB0298 |
---|
2640 | 2640 | | 1 |
---|
2641 | 2641 | | 2 (a) The treasurer of each school district within the |
---|
2642 | 2642 | | 3 state shall: |
---|
2643 | 2643 | | 4 |
---|
2644 | 2644 | | 5 (iii) Render a statement of the finances of the |
---|
2645 | 2645 | | 6 district at any time when required by the district board of |
---|
2646 | 2646 | | 7 trustees; and cause a detailed report showing the sources |
---|
2647 | 2647 | | 8 of revenue and the purposes for which moneys were expended |
---|
2648 | 2648 | | 9 to be published at the close of each fiscal year |
---|
2649 | 2649 | | 10 |
---|
2650 | 2650 | | 11 of general circulation within the school district. |
---|
2651 | 2651 | | 12 |
---|
2652 | 2652 | | 13 |
---|
2653 | 2653 | | 14 |
---|
2654 | 2654 | | 15 The secretary shall keep an accurate record showing the |
---|
2655 | 2655 | | 16 boundaries of all the districts in his county. The |
---|
2656 | 2656 | | 17 secretary shall give each member one (1) day written notice |
---|
2657 | 2657 | | 18 before each hearing or meeting and shall publish |
---|
2658 | 2658 | | 19 in a newspaper of |
---|
2659 | 2659 | | 20 general circulation within the county, notice of any |
---|
2660 | 2660 | | 21 hearing or meeting at which a change in boundaries or |
---|
2661 | 2661 | | 22 reorganization of a school district or combining of school |
---|
2662 | 2662 | | 23 districts is to be considered 2025STATE OF WYOMING25LSO-0590119HB0298 |
---|
2663 | 2663 | | 1 |
---|
2664 | 2664 | | 2 |
---|
2665 | 2665 | | 3 |
---|
2666 | 2666 | | 4 |
---|
2667 | 2667 | | 5 at least once each week for the two (2) weeks immediately |
---|
2668 | 2668 | | 6 preceding the time set for the hearing or meeting. |
---|
2669 | 2669 | | 7 |
---|
2670 | 2670 | | 8 |
---|
2671 | 2671 | | 9 |
---|
2672 | 2672 | | 10 |
---|
2673 | 2673 | | 11 (b) Except as provided in this subsection, all |
---|
2674 | 2674 | | 12 actions taken under this article shall conform to the |
---|
2675 | 2675 | | 13 following criteria: |
---|
2676 | 2676 | | 14 |
---|
2677 | 2677 | | 15 (vii) A public hearing or hearings shall be held |
---|
2678 | 2678 | | 16 prior to the submission of a proposal by the district |
---|
2679 | 2679 | | 17 boundary boards prior to the organization, reorganization, |
---|
2680 | 2680 | | 18 boundary adjustment or combining of school districts to |
---|
2681 | 2681 | | 19 receive and keep a record of testimony. Notice of each |
---|
2682 | 2682 | | 20 public hearing shall be published |
---|
2683 | 2683 | | 21 in a newspaper of general |
---|
2684 | 2684 | | 22 circulation in the area. If notice is published on the |
---|
2685 | 2685 | | 23 2025STATE OF WYOMING25LSO-0590120HB0298 |
---|
2686 | 2686 | | 1 |
---|
2687 | 2687 | | 2 |
---|
2688 | 2688 | | 3 at least once each |
---|
2689 | 2689 | | 4 week for the two (2) weeks immediately preceding the time |
---|
2690 | 2690 | | 5 set for each hearing. The notice shall contain a statement |
---|
2691 | 2691 | | 6 of the time and place of the hearing and a brief summary of |
---|
2692 | 2692 | | 7 its purpose. In addition, at least ten (10) days and not |
---|
2693 | 2693 | | 8 more than fourteen (14) days before the hearing, a copy of |
---|
2694 | 2694 | | 9 the notice shall be sent by mail to each school district |
---|
2695 | 2695 | | 10 trustee residing in the area involved in the hearing. A |
---|
2696 | 2696 | | 11 subcommittee composed of not less than three (3) members of |
---|
2697 | 2697 | | 12 each district boundary board involved, may hold any hearing |
---|
2698 | 2698 | | 13 required to be held under this paragraph. |
---|
2699 | 2699 | | 14 |
---|
2700 | 2700 | | 15 |
---|
2701 | 2701 | | 16 |
---|
2702 | 2702 | | 17 |
---|
2703 | 2703 | | 18 The treasurer of each school district shall on the first |
---|
2704 | 2704 | | 19 Monday in April of each year cancel all unpaid warrants of |
---|
2705 | 2705 | | 20 such school district which have been issued for a period |
---|
2706 | 2706 | | 21 exceeding twelve (12) months, and shall at the same time |
---|
2707 | 2707 | | 22 certify to the board of trustees of such school district |
---|
2708 | 2708 | | 23 the number and amount of each warrant which he has 2025STATE OF WYOMING25LSO-0590121HB0298 |
---|
2709 | 2709 | | 1 canceled. Such list of canceled warrants shall be entered |
---|
2710 | 2710 | | 2 in the minutes of the board and published |
---|
2711 | 2711 | | 3 |
---|
2712 | 2712 | | 4 at least once in a regular issue of a newspaper published |
---|
2713 | 2713 | | 5 in the county, during the month in which such warrants were |
---|
2714 | 2714 | | 6 canceled. Any person or persons holding a school district |
---|
2715 | 2715 | | 7 warrant which has been canceled under the provisions of |
---|
2716 | 2716 | | 8 this section, may present such warrant to the board of |
---|
2717 | 2717 | | 9 trustees of such school district at any subsequent time, |
---|
2718 | 2718 | | 10 not later than five (5) years after the date such warrant |
---|
2719 | 2719 | | 11 was canceled. The said board of trustees shall issue to the |
---|
2720 | 2720 | | 12 holder of such school district warrant, a new warrant |
---|
2721 | 2721 | | 13 covering the amount due on the original warrant at the time |
---|
2722 | 2722 | | 14 so canceled. |
---|
2723 | 2723 | | 15 |
---|
2724 | 2724 | | 16 |
---|
2725 | 2725 | | 17 |
---|
2726 | 2726 | | 18 If a proposed issue of bonds has been approved in the |
---|
2727 | 2727 | | 19 election and issuance thereof has been authorized by the |
---|
2728 | 2728 | | 20 school district board of trustees as provided by this |
---|
2729 | 2729 | | 21 article, the bonds shall thereafter at one (1) time or from |
---|
2730 | 2730 | | 22 time to time be sold at public or private sale. All costs |
---|
2731 | 2731 | | 23 and expenses incident to the issue and sale of the bonds 2025STATE OF WYOMING25LSO-0590122HB0298 |
---|
2732 | 2732 | | 1 may be paid out of the proceeds of the sale of the bonds. |
---|
2733 | 2733 | | 2 If the bonds are to be sold at public sale, the school |
---|
2734 | 2734 | | 3 district board of trustees shall give notice of sale |
---|
2735 | 2735 | | 4 by at least one (1) |
---|
2736 | 2736 | | 5 insertion of such notice in some newspaper of general |
---|
2737 | 2737 | | 6 circulation in the district of its intention to sell the |
---|
2738 | 2738 | | 7 bonds. The notice shall briefly describe the bonds and the |
---|
2739 | 2739 | | 8 time and place where the sale thereof will take place. If |
---|
2740 | 2740 | | 9 there is no newspaper of |
---|
2741 | 2741 | | 10 general circulation in the district, the board may publish |
---|
2742 | 2742 | | 11 the notice of sale in any newspaper published in the county |
---|
2743 | 2743 | | 12 seat of any county in which the district is wholly or |
---|
2744 | 2744 | | 13 partially located. Publication shall be made not less than |
---|
2745 | 2745 | | 14 ten (10) days nor more than thirty (30) days prior to the |
---|
2746 | 2746 | | 15 date designated for the sale of the bonds. |
---|
2747 | 2747 | | 16 |
---|
2748 | 2748 | | 17 |
---|
2749 | 2749 | | 18 |
---|
2750 | 2750 | | 19 |
---|
2751 | 2751 | | 20 (b) In addition to the levy imposed under W.S. |
---|
2752 | 2752 | | 21 21-18-304(a)(vii) and any levy imposed under W.S. |
---|
2753 | 2753 | | 22 21-18-311(f), the community college district board may |
---|
2754 | 2754 | | 23 approve up to one (1) additional mill levy on the assessed 2025STATE OF WYOMING25LSO-0590123HB0298 |
---|
2755 | 2755 | | 1 value of the district for a period not to exceed two (2) |
---|
2756 | 2756 | | 2 years for the regular support and operation of the college. |
---|
2757 | 2757 | | 3 A determination by the board shall be made at a regular or |
---|
2758 | 2758 | | 4 special meeting following a public hearing announced by the |
---|
2759 | 2759 | | 5 board. Notice of intent to levy all or a portion of the |
---|
2760 | 2760 | | 6 additional one (1) mill shall be published |
---|
2761 | 2761 | | 7 in a newspaper of |
---|
2762 | 2762 | | 8 general circulation within the district at least thirty |
---|
2763 | 2763 | | 9 (30) days before the hearing date. Upon approval, the board |
---|
2764 | 2764 | | 10 shall report the additional levy to the board of county |
---|
2765 | 2765 | | 11 commissioners of each county within the district in the |
---|
2766 | 2766 | | 12 same manner the necessary levy under W.S. 21-18-304(a)(vii) |
---|
2767 | 2767 | | 13 is reported. Any tax imposed under this subsection may be |
---|
2768 | 2768 | | 14 renewed by the board for additional two (2) year periods |
---|
2769 | 2769 | | 15 subject to public hearing requirements specified under this |
---|
2770 | 2770 | | 16 section and shall be levied, collected and distributed |
---|
2771 | 2771 | | 17 separate from the tax imposed under W.S. 21-18-304(a)(vii) |
---|
2772 | 2772 | | 18 and any additional levy imposed under W.S. 21-18-311(f). |
---|
2773 | 2773 | | 19 Revenues collected under this subsection shall not be |
---|
2774 | 2774 | | 20 restricted by the commission in any manner but shall be |
---|
2775 | 2775 | | 21 identified in the biennial funding report of the college |
---|
2776 | 2776 | | 22 under W.S. 21-18-205(b). |
---|
2777 | 2777 | | 23 2025STATE OF WYOMING25LSO-0590124HB02981 |
---|
2778 | 2778 | | 2 |
---|
2779 | 2779 | | 3 (g) The county clerk of the county wherein the |
---|
2780 | 2780 | | 4 proposed community college is to be located shall publish |
---|
2781 | 2781 | | 5 at least one (1) notice of election |
---|
2782 | 2782 | | 6 in a newspaper of general |
---|
2783 | 2783 | | 7 circulation in the proposed community college district. The |
---|
2784 | 2784 | | 8 publication shall be made no more than thirty (30) days nor |
---|
2785 | 2785 | | 9 fewer than fifteen (15) days prior to the date set for the |
---|
2786 | 2786 | | 10 election. The notice shall state that the purpose of the |
---|
2787 | 2787 | | 11 election is to determine the question of creation of a |
---|
2788 | 2788 | | 12 community college district with authority to levy a tax not |
---|
2789 | 2789 | | 13 to exceed four (4) mills on the dollar of assessed |
---|
2790 | 2790 | | 14 valuation of property located within the proposed district |
---|
2791 | 2791 | | 15 and to elect members of the initial community college |
---|
2792 | 2792 | | 16 district board. |
---|
2793 | 2793 | | 17 |
---|
2794 | 2794 | | 18 (j) Nominations to the initial community college |
---|
2795 | 2795 | | 19 district board are submitted on forms provided by the |
---|
2796 | 2796 | | 20 county clerk of the county wherein the proposed community |
---|
2797 | 2797 | | 21 college is to be located to be substantially the same as |
---|
2798 | 2798 | | 22 those required for the nomination of a candidate in a |
---|
2799 | 2799 | | 23 regular district board member election. All names so filed 2025STATE OF WYOMING25LSO-0590125HB0298 |
---|
2800 | 2800 | | 1 shall be printed in alphabetical order, without designation |
---|
2801 | 2801 | | 2 of party name or election subdistrict, on the ballot to be |
---|
2802 | 2802 | | 3 furnished the electors at each polling place on the day of |
---|
2803 | 2803 | | 4 the election by the county clerk of the county wherein the |
---|
2804 | 2804 | | 5 proposed community college is to be located. The names of |
---|
2805 | 2805 | | 6 all persons filing as candidates shall be published |
---|
2806 | 2806 | | 7 in a newspaper of |
---|
2807 | 2807 | | 8 general circulation in the proposed community college |
---|
2808 | 2808 | | 9 district not later than the Saturday preceding the date of |
---|
2809 | 2809 | | 10 the election. Nothing in this section prevents a voter |
---|
2810 | 2810 | | 11 from writing the name of any qualified person on such |
---|
2811 | 2811 | | 12 ballot. |
---|
2812 | 2812 | | 13 |
---|
2813 | 2813 | | 14 |
---|
2814 | 2814 | | 15 |
---|
2815 | 2815 | | 16 |
---|
2816 | 2816 | | 17 (d) If the proposed issue of bonds is approved in the |
---|
2817 | 2817 | | 18 election and issuance thereof is authorized by the |
---|
2818 | 2818 | | 19 community college district board the bonds may be sold at |
---|
2819 | 2819 | | 20 either public or private sale. All costs and expenses |
---|
2820 | 2820 | | 21 incident to the issue and sale of the bonds made may be |
---|
2821 | 2821 | | 22 paid out of the proceeds of the sale of the bonds. If the |
---|
2822 | 2822 | | 23 bonds are sold at public sale the community college 2025STATE OF WYOMING25LSO-0590126HB0298 |
---|
2823 | 2823 | | 1 district board must give at least one (1) notice by |
---|
2824 | 2824 | | 2 publication in some newspaper of general circulation in the |
---|
2825 | 2825 | | 3 community college district, and also in some newspaper |
---|
2826 | 2826 | | 4 published in the capital of this state, |
---|
2827 | 2827 | | 5 of its intention to |
---|
2828 | 2828 | | 6 sell the bonds, briefly describing same, and the time and |
---|
2829 | 2829 | | 7 place where the sale will take place. The publication |
---|
2830 | 2830 | | 8 shall be made not less than fifteen (15) days, nor more |
---|
2831 | 2831 | | 9 than thirty (30) days prior to the date designated for the |
---|
2832 | 2832 | | 10 sale of the bonds. |
---|
2833 | 2833 | | 11 |
---|
2834 | 2834 | | 12 |
---|
2835 | 2835 | | 13 |
---|
2836 | 2836 | | 14 |
---|
2837 | 2837 | | 15 |
---|
2838 | 2838 | | 16 (b) Except as provided by subsection (h) of this |
---|
2839 | 2839 | | 17 section, no additional tax shall be levied under this |
---|
2840 | 2840 | | 18 section until a proposition to impose the levy is submitted |
---|
2841 | 2841 | | 19 to a vote of the qualified electors of the member school |
---|
2842 | 2842 | | 20 districts comprising the board and a majority of all votes |
---|
2843 | 2843 | | 21 cast within the member districts vote in favor of imposing |
---|
2844 | 2844 | | 22 the additional tax levy. The proposition to impose the |
---|
2845 | 2845 | | 23 additional levy shall be submitted at an election held on a 2025STATE OF WYOMING25LSO-0590127HB0298 |
---|
2846 | 2846 | | 1 date authorized under W.S. 22-21-103. The board shall |
---|
2847 | 2847 | | 2 publish notice of the election |
---|
2848 | 2848 | | 3 within a newspaper of general |
---|
2849 | 2849 | | 4 circulation in the affected districts and the election |
---|
2850 | 2850 | | 5 shall be conducted in accordance with the procedures |
---|
2851 | 2851 | | 6 provided by W.S. 22-22-301 through 22-22-304. Each member |
---|
2852 | 2852 | | 7 school district shall pay all costs incident to the |
---|
2853 | 2853 | | 8 election within its district or if a concurrent election, |
---|
2854 | 2854 | | 9 an equally proportioned share of the costs as determined by |
---|
2855 | 2855 | | 10 the county clerk. |
---|
2856 | 2856 | | 11 |
---|
2857 | 2857 | | 12 |
---|
2858 | 2858 | | 13 |
---|
2859 | 2859 | | 14 (a) Between one hundred one (101) and ninety-one (91) |
---|
2860 | 2860 | | 15 days before each primary election the county clerk in each |
---|
2861 | 2861 | | 16 county shall publish at least once in a newspaper of |
---|
2862 | 2862 | | 17 general circulation in the county |
---|
2863 | 2863 | | 18 and post in the county clerk's |
---|
2864 | 2864 | | 19 office and at the place where each municipality within the |
---|
2865 | 2865 | | 20 county regularly holds its council meetings a proclamation |
---|
2866 | 2866 | | 21 setting forth the date of the election, the offices to be |
---|
2867 | 2867 | | 22 filled at the election including the terms of the offices, |
---|
2868 | 2868 | | 23 the number of persons required by law to fill the offices, 2025STATE OF WYOMING25LSO-0590128HB0298 |
---|
2869 | 2869 | | 1 the filing deadline for the offices and the requirements |
---|
2870 | 2870 | | 2 for filing statements of campaign contributions and |
---|
2871 | 2871 | | 3 expenditures. The proclamation shall also include the |
---|
2872 | 2872 | | 4 aforementioned information regarding offices to be filled |
---|
2873 | 2873 | | 5 at the general election and any other pertinent primary |
---|
2874 | 2874 | | 6 election information. In addition, the description of any |
---|
2875 | 2875 | | 7 ballot proposition submitted to the voters of the state, a |
---|
2876 | 2876 | | 8 political subdivision thereof, county or other district |
---|
2877 | 2877 | | 9 shall be included. |
---|
2878 | 2878 | | 10 |
---|
2879 | 2879 | | 11 (b) Between ninety (90) and seventy (70) days before |
---|
2880 | 2880 | | 12 each general election, the county clerk in each county |
---|
2881 | 2881 | | 13 shall publish at least once in a newspaper of general |
---|
2882 | 2882 | | 14 circulation in the county |
---|
2883 | 2883 | | 15 and post in the county clerk's office and at |
---|
2884 | 2884 | | 16 the place where each municipality within the county |
---|
2885 | 2885 | | 17 regularly holds its council meetings a proclamation setting |
---|
2886 | 2886 | | 18 forth the following: |
---|
2887 | 2887 | | 19 |
---|
2888 | 2888 | | 20 |
---|
2889 | 2889 | | 21 |
---|
2890 | 2890 | | 22 2025STATE OF WYOMING25LSO-0590129HB02981 (j) A county or city clerk may establish and maintain |
---|
2891 | 2891 | | 2 registration facilities in a public area owned or occupied |
---|
2892 | 2892 | | 3 by a political subdivision or governmental institution, |
---|
2893 | 2893 | | 4 agency or entity, after giving not less than two (2) days |
---|
2894 | 2894 | | 5 notice by publication in a newspaper of general circulation |
---|
2895 | 2895 | | 6 in the county |
---|
2896 | 2896 | | 7 and by posting such notice in such clerk's office. |
---|
2897 | 2897 | | 8 The requirements of subsection (h) of this section |
---|
2898 | 2898 | | 9 regarding the place of registration shall not apply to a |
---|
2899 | 2899 | | 10 person registering in accordance with this subsection. |
---|
2900 | 2900 | | 11 |
---|
2901 | 2901 | | 12-4- |
---|
2902 | 2902 | | 13 |
---|
2903 | 2903 | | 14 |
---|
2904 | 2904 | | 15 The county central committee shall meet and organize under |
---|
2905 | 2905 | | 16 the direction of the county chairman at the time and place |
---|
2906 | 2906 | | 17 determined by the county chairman within thirty (30) days |
---|
2907 | 2907 | | 18 after the term of its members begins. The county chairman |
---|
2908 | 2908 | | 19 shall also publish a notice of all meetings of the county |
---|
2909 | 2909 | | 20 central committee in a newspaper of general county |
---|
2910 | 2910 | | 21 circulation |
---|
2911 | 2911 | | 22 not less than two (2) days prior to a meeting. |
---|
2912 | 2912 | | 23 2025STATE OF WYOMING25LSO-0590130HB02981 |
---|
2913 | 2913 | | 2 |
---|
2914 | 2914 | | 3 |
---|
2915 | 2915 | | 4 |
---|
2916 | 2916 | | 5 The county central committee shall meet at the county seat |
---|
2917 | 2917 | | 6 each odd-numbered year at a time and place determined by |
---|
2918 | 2918 | | 7 the county chairman. The county chairman shall publish |
---|
2919 | 2919 | | 8 notice of the meeting in a newspaper of general circulation |
---|
2920 | 2920 | | 9 within the county |
---|
2921 | 2921 | | 10 not less than ten (10) days before this meeting. At |
---|
2922 | 2922 | | 11 the meeting, the county central committee shall elect the |
---|
2923 | 2923 | | 12 chairman of the county central committee, one (1) state |
---|
2924 | 2924 | | 13 committeeman and one (1) state committeewoman and other |
---|
2925 | 2925 | | 14 offices as provided by the party bylaws. A state political |
---|
2926 | 2926 | | 15 party may provide in its rules for the election of |
---|
2927 | 2927 | | 16 additional state committeemen and additional state |
---|
2928 | 2928 | | 17 committeewomen. Neither the chairman, state committeeman or |
---|
2929 | 2929 | | 18 state committeewoman need be members of the county central |
---|
2930 | 2930 | | 19 committee. |
---|
2931 | 2931 | | 20 |
---|
2932 | 2932 | | 21 |
---|
2933 | 2933 | | 22 2025STATE OF WYOMING25LSO-0590131HB0298 |
---|
2934 | 2934 | | 1 The officer providing the official ballots shall publish |
---|
2935 | 2935 | | 2 sample ballots at least once in a newspaper of general |
---|
2936 | 2936 | | 3 circulation in the district in which each primary and |
---|
2937 | 2937 | | 4 general election is held |
---|
2938 | 2938 | | 5 within two (2) weeks prior to the election. |
---|
2939 | 2939 | | 6 This notice shall also state that the names of candidates |
---|
2940 | 2940 | | 7 will be rotated on the official ballots and will not always |
---|
2941 | 2941 | | 8 appear in the order indicated in the sample ballots. |
---|
2942 | 2942 | | 9 |
---|
2943 | 2943 | | 10 |
---|
2944 | 2944 | | 11 |
---|
2945 | 2945 | | 12 (a) A precinct boundary shall not be changed unless a |
---|
2946 | 2946 | | 13 notice describing all proposed changes is posted on the |
---|
2947 | 2947 | | 14 county's official website in the manner provided in W.S. |
---|
2948 | 2948 | | 15 18-3-516(f) and published once a week for two (2) |
---|
2949 | 2949 | | 16 consecutive weeks in the designated official newspaper of |
---|
2950 | 2950 | | 17 the county, subject to W.S. 9-1-309 and 9-1-310. The board |
---|
2951 | 2951 | | 18 shall also mail by certified mail return receipt requested |
---|
2952 | 2952 | | 19 copy of this notice to the county chairman of each |
---|
2953 | 2953 | | 20 political party in the county not later than fifteen (15) |
---|
2954 | 2954 | | 21 days before the meeting at which the proposed changes will |
---|
2955 | 2955 | | 22 be discussed. A proposed change in a precinct boundary may 2025STATE OF WYOMING25LSO-0590132HB0298 |
---|
2956 | 2956 | | 1 be finalized by the board only at the designated meeting. |
---|
2957 | 2957 | | 2 Each precinct shall be designated by number. |
---|
2958 | 2958 | | 3 |
---|
2959 | 2959 | | 4 |
---|
2960 | 2960 | | 5 |
---|
2961 | 2961 | | 6 |
---|
2962 | 2962 | | 7 (a) Polling places shall be designated by the county |
---|
2963 | 2963 | | 8 clerk, who shall publish their location at least once in a |
---|
2964 | 2964 | | 9 newspaper of general circulation in the county |
---|
2965 | 2965 | | 10 within two (2) weeks |
---|
2966 | 2966 | | 11 prior to a statewide election. Polling places may be |
---|
2967 | 2967 | | 12 located outside of the precinct if the board of county |
---|
2968 | 2968 | | 13 commissioners determines and records in its minutes the |
---|
2969 | 2969 | | 14 reasons that it is required by the public convenience. |
---|
2970 | 2970 | | 15 |
---|
2971 | 2971 | | 16 (b) A polling place designated pursuant to subsection |
---|
2972 | 2972 | | 17 (a) of this section and used in the 2014 general election |
---|
2973 | 2973 | | 18 shall be not be changed unless a notice describing the |
---|
2974 | 2974 | | 19 proposed change is posted on the county's official website |
---|
2975 | 2975 | | 20 in the manner provided in W.S. 18-3-516(f) and published |
---|
2976 | 2976 | | 21 once a week for two (2) consecutive weeks in the designated |
---|
2977 | 2977 | | 22 official newspaper of the county, subject to W.S. 9-1-309 |
---|
2978 | 2978 | | 23. The notice shall include the date and place of 2025STATE OF WYOMING25LSO-0590133HB0298 |
---|
2979 | 2979 | | 1 the county commissioners' meeting where the proposed change |
---|
2980 | 2980 | | 2 will be discussed. The county clerk shall notify the county |
---|
2981 | 2981 | | 3 chairman of each political party in the county not later |
---|
2982 | 2982 | | 4 than fifteen (15) days before the meeting. A proposed |
---|
2983 | 2983 | | 5 change in the location of a polling place may be adopted by |
---|
2984 | 2984 | | 6 the county clerk at a meeting of the county commissioners |
---|
2985 | 2985 | | 7 during which the proposed change is discussed. |
---|
2986 | 2986 | | 8 |
---|
2987 | 2987 | | 9 |
---|
2988 | 2988 | | 10 |
---|
2989 | 2989 | | 11 |
---|
2990 | 2990 | | 12 (g) Not more than fourteen (14) nor less than five |
---|
2991 | 2991 | | 13 (5) days before the special election the county clerk shall |
---|
2992 | 2992 | | 14 publish at least once in a newspaper of general circulation |
---|
2993 | 2993 | | 15 in the county |
---|
2994 | 2994 | | 16 a proclamation setting forth the date of the |
---|
2995 | 2995 | | 17 election, the offices to be filled at the election |
---|
2996 | 2996 | | 18 including the terms of the offices, the number of persons |
---|
2997 | 2997 | | 19 required by law to fill the offices, the requirements for |
---|
2998 | 2998 | | 20 filing statements of campaign contributions and |
---|
2999 | 2999 | | 21 expenditures, and any other pertinent information. |
---|
3000 | 3000 | | 22 2025STATE OF WYOMING25LSO-0590134HB02981 |
---|
3001 | 3001 | | 2 |
---|
3002 | 3002 | | 3 |
---|
3003 | 3003 | | 4 (a) Any vacancy in any other elective office in the |
---|
3004 | 3004 | | 5 state except representative in congress or the board of |
---|
3005 | 3005 | | 6 trustees of a school or community college district, shall |
---|
3006 | 3006 | | 7 be filled by the governing body, or as otherwise provided |
---|
3007 | 3007 | | 8 in this section, by appointment of a temporary successor. |
---|
3008 | 3008 | | 9 The person appointed shall serve until a successor for the |
---|
3009 | 3009 | | 10 remainder of the unexpired term is elected at the next |
---|
3010 | 3010 | | 11 general election and takes office on the first Monday of |
---|
3011 | 3011 | | 12 the following January. Provided, if a vacancy in a four |
---|
3012 | 3012 | | 13 (4) year term of office occurs in the term's second or |
---|
3013 | 3013 | | 14 subsequent years after the first day for filing an |
---|
3014 | 3014 | | 15 application for nomination pursuant to W.S. 22-5-209, no |
---|
3015 | 3015 | | 16 election to fill the vacancy shall be held and the |
---|
3016 | 3016 | | 17 temporary successor appointed shall serve the remainder of |
---|
3017 | 3017 | | 18 the unexpired term. The following apply: |
---|
3018 | 3018 | | 19 |
---|
3019 | 3019 | | 20 (i) If a vacancy occurs in the office of United |
---|
3020 | 3020 | | 21 States senator or in any state office other than the |
---|
3021 | 3021 | | 22 governor, member of the state legislature, the office of |
---|
3022 | 3022 | | 23 justice of the supreme court and the office of district 2025STATE OF WYOMING25LSO-0590135HB0298 |
---|
3023 | 3023 | | 1 court judge, the governor shall immediately notify in |
---|
3024 | 3024 | | 2 writing the chairman of the state central committee of the |
---|
3025 | 3025 | | 3 political party which the last incumbent represented at the |
---|
3026 | 3026 | | 4 time of his election under W.S. 22-6-120(a)(vii), or at the |
---|
3027 | 3027 | | 5 time of his appointment if not elected to office. The |
---|
3028 | 3028 | | 6 chairman shall call a meeting of the state central |
---|
3029 | 3029 | | 7 committee to be held not later than fifteen (15) days after |
---|
3030 | 3030 | | 8 he receives notice of the vacancy. At the meeting the |
---|
3031 | 3031 | | 9 state central committee shall select and transmit to the |
---|
3032 | 3032 | | 10 governor the names of three (3) persons qualified to hold |
---|
3033 | 3033 | | 11 the office. Within five (5) days after receiving these |
---|
3034 | 3034 | | 12 three (3) names, the governor shall fill the vacancy by |
---|
3035 | 3035 | | 13 temporary appointment of one (1) of the three (3) to hold |
---|
3036 | 3036 | | 14 the office. If the incumbent who has vacated office did |
---|
3037 | 3037 | | 15 not represent a political party at the time of his |
---|
3038 | 3038 | | 16 election, or at the time of his appointment if not elected |
---|
3039 | 3039 | | 17 to office, the governor shall notify in writing the |
---|
3040 | 3040 | | 18 chairman of all state central committees of parties |
---|
3041 | 3041 | | 19 registered with the secretary of state. The state central |
---|
3042 | 3042 | | 20 committees shall submit to the governor, within fifteen |
---|
3043 | 3043 | | 21 (15) days after notice of the vacancy, the name of one (1) |
---|
3044 | 3044 | | 22 person qualified to hold the office. The governor shall |
---|
3045 | 3045 | | 23 also cause to be published in a newspaper of general 2025STATE OF WYOMING25LSO-0590136HB0298 |
---|
3046 | 3046 | | 1 circulation in the state |
---|
3047 | 3047 | | 2 |
---|
3048 | 3048 | | 3 qualified to hold the office who do not belong to a party |
---|
3049 | 3049 | | 4 may, within fifteen (15) days after publication of the |
---|
3050 | 3050 | | 5 vacancy in office, submit a petition signed by one hundred |
---|
3051 | 3051 | | 6 (100) registered voters, seeking consideration for |
---|
3052 | 3052 | | 7 appointment to the office. Within five (5) days after |
---|
3053 | 3053 | | 8 receiving the names of persons qualified to hold the |
---|
3054 | 3054 | | 9 office, the governor shall fill the vacancy by temporary |
---|
3055 | 3055 | | 10 appointment to the office, from the names submitted or from |
---|
3056 | 3056 | | 11 those petitioning for appointment; |
---|
3057 | 3057 | | 12 |
---|
3058 | 3058 | | 13 (ii) If a vacancy occurs in a county elective |
---|
3059 | 3059 | | 14 office, except as provided in W.S. 18-3-524, the board of |
---|
3060 | 3060 | | 15 county commissioners of the county in which the vacancy |
---|
3061 | 3061 | | 16 occurs shall immediately notify in writing the chairman of |
---|
3062 | 3062 | | 17 the county central committee of the political party which |
---|
3063 | 3063 | | 18 the last incumbent represented at the time of his election |
---|
3064 | 3064 | | 19 under W.S. 22-6-120(a)(vii), or at the time of his |
---|
3065 | 3065 | | 20 appointment if not elected to office. The chairman shall |
---|
3066 | 3066 | | 21 call a meeting of the county central committee to be held |
---|
3067 | 3067 | | 22 not later than fifteen (15) days after he receives notice |
---|
3068 | 3068 | | 23 of the vacancy. At the meeting the county central 2025STATE OF WYOMING25LSO-0590137HB0298 |
---|
3069 | 3069 | | 1 committee shall select and transmit to the board of county |
---|
3070 | 3070 | | 2 commissioners the names of three (3) persons qualified to |
---|
3071 | 3071 | | 3 hold the office. Within five (5) days after receiving |
---|
3072 | 3072 | | 4 these three (3) names, the board of county commissioners |
---|
3073 | 3073 | | 5 shall fill the vacancy by appointment of one (1) of the |
---|
3074 | 3074 | | 6 three (3) to hold the office. If the incumbent who has |
---|
3075 | 3075 | | 7 vacated office did not represent a political party at the |
---|
3076 | 3076 | | 8 time of his election, or at the time of his appointment if |
---|
3077 | 3077 | | 9 not elected to office, the county commissioners shall |
---|
3078 | 3078 | | 10 publish in a newspaper of general circulation in the county |
---|
3079 | 3079 | | 11, notice that |
---|
3080 | 3080 | | 12 within fifteen (15) days after publication any person |
---|
3081 | 3081 | | 13 qualified to hold the office may make application directly |
---|
3082 | 3082 | | 14 to the county commissioners for appointment to fill the |
---|
3083 | 3083 | | 15 vacancy. Within twenty (20) days after the publication of |
---|
3084 | 3084 | | 16 the vacancy in office the county commissioners shall fill |
---|
3085 | 3085 | | 17 the vacancy by appointment of one (1) person qualified to |
---|
3086 | 3086 | | 18 hold the office from those submitting applications; |
---|
3087 | 3087 | | 19 |
---|
3088 | 3088 | | 20 (iii) If a vacancy occurs in the office of a |
---|
3089 | 3089 | | 21 member of the state legislature: |
---|
3090 | 3090 | | 22 2025STATE OF WYOMING25LSO-0590138HB02981 (C) If the incumbent who has vacated office |
---|
3091 | 3091 | | 2 did not represent a political party at the time of his |
---|
3092 | 3092 | | 3 election under W.S. 22-6-120(a)(vii), or at the time of his |
---|
3093 | 3093 | | 4 appointment if not elected to office, the county |
---|
3094 | 3094 | | 5 commissioners shall proceed in accordance with the |
---|
3095 | 3095 | | 6 provisions of this subparagraph. The county commissioners |
---|
3096 | 3096 | | 7 shall publish in a newspaper of general circulation in the |
---|
3097 | 3097 | | 8 county or on the centralized electronic notice system, |
---|
3098 | 3098 | | 9 notice that within fifteen (15) days after publication, any |
---|
3099 | 3099 | | 10 person qualified to hold the office may make application |
---|
3100 | 3100 | | 11 directly to the county commissioners for appointment to |
---|
3101 | 3101 | | 12 fill the vacancy. Within twenty (20) days after |
---|
3102 | 3102 | | 13 publication of the notice of the vacancy in office, the |
---|
3103 | 3103 | | 14 county commissioners shall fill the vacancy by appointing |
---|
3104 | 3104 | | 15 one (1) person qualified to hold the office from among |
---|
3105 | 3105 | | 16 those submitting applications; |
---|
3106 | 3106 | | 17 |
---|
3107 | 3107 | | 18 |
---|
3108 | 3108 | | 19 |
---|
3109 | 3109 | | 20 |
---|
3110 | 3110 | | 21 (a) The secretary of state shall publish each |
---|
3111 | 3111 | | 22 proposed amendment and a notice that it will be submitted 2025STATE OF WYOMING25LSO-0590139HB0298 |
---|
3112 | 3112 | | 1 to the electors at the next general election, |
---|
3113 | 3113 | | 2 |
---|
3114 | 3114 | | 3 |
---|
3115 | 3115 | | 4 |
---|
3116 | 3116 | | 5 |
---|
3117 | 3117 | | 6 |
---|
3118 | 3118 | | 7nce a week for at least twelve (12) |
---|
3119 | 3119 | | 8 consecutive weeks prior to the election in a newspaper of |
---|
3120 | 3120 | | 9 general circulation published in each county and, if |
---|
3121 | 3121 | | 10 possible, once each week for three (3) consecutive weeks |
---|
3122 | 3122 | | 11 within thirty (30) days prior to the election in one (1) |
---|
3123 | 3123 | | 12 other newspaper of general circulation in each county. |
---|
3124 | 3124 | | 13 |
---|
3125 | 3125 | | 14 (b) The clerk may supplement publication thereof by |
---|
3126 | 3126 | | 15 radio or television broadcasts or both. The broadcasts |
---|
3127 | 3127 | | 16 shall identify the proposed amendment or other question, by |
---|
3128 | 3128 | | 17 letter and statement of purpose as prescribed by law, and |
---|
3129 | 3129 | | 18 shall state the name of the newspaper in which the |
---|
3130 | 3130 | | 19 published notice will appear |
---|
3131 | 3131 | | 20 |
---|
3132 | 3132 | | 21 and shall state the date on which it will appear. |
---|
3133 | 3133 | | 22 2025STATE OF WYOMING25LSO-0590140HB02981 |
---|
3134 | 3134 | | 2 |
---|
3135 | 3135 | | 3 |
---|
3136 | 3136 | | 4 Between one hundred one (101) and ninety-one (91) days |
---|
3137 | 3137 | | 5 before a bond election held in conjunction with a primary |
---|
3138 | 3138 | | 6 or other August election and between ninety (90) and |
---|
3139 | 3139 | | 7 seventy (70) days before a bond election held in |
---|
3140 | 3140 | | 8 conjunction with a May, general or other November election, |
---|
3141 | 3141 | | 9 the county clerk shall publish notice of the election at |
---|
3142 | 3142 | | 10 least once in a newspaper of general circulation in the |
---|
3143 | 3143 | | 11 political subdivision |
---|
3144 | 3144 | | 12. If |
---|
3145 | 3145 | | 13 there is no newspaper of |
---|
3146 | 3146 | | 14 general circulation in the political subdivision, notice |
---|
3147 | 3147 | | 15 shall be posted at each polling place in the political |
---|
3148 | 3148 | | 16 subdivision between ninety (90) and seventy (70) days |
---|
3149 | 3149 | | 17 before the election. Any notice of election hereunder shall |
---|
3150 | 3150 | | 18 specify the name of the political subdivision, the date, |
---|
3151 | 3151 | | 19 time and place of election, the question or questions to be |
---|
3152 | 3152 | | 20 submitted, and the fact that only qualified electors of the |
---|
3153 | 3153 | | 21 political subdivision may vote thereon. If a bond election |
---|
3154 | 3154 | | 22 is being held within a political subdivision at the same |
---|
3155 | 3155 | | 23 time and place as a regular or other election, the notice 2025STATE OF WYOMING25LSO-0590141HB0298 |
---|
3156 | 3156 | | 1 of bond election may, at the discretion of the county |
---|
3157 | 3157 | | 2 clerk, be combined with and given in the same manner as the |
---|
3158 | 3158 | | 3 notice of the regular or other election in such political |
---|
3159 | 3159 | | 4 subdivision. |
---|
3160 | 3160 | | 5 |
---|
3161 | 3161 | | 6 |
---|
3162 | 3162 | | 7 |
---|
3163 | 3163 | | 8 |
---|
3164 | 3164 | | 9 The date of a special election and the location of polling |
---|
3165 | 3165 | | 10 places shall be proclaimed by the governing body of the |
---|
3166 | 3166 | | 11 municipality not more than thirty (30) nor less than |
---|
3167 | 3167 | | 12 fifteen (15) days before the special election. The |
---|
3168 | 3168 | | 13 proclamation shall state the purpose of the election and |
---|
3169 | 3169 | | 14 shall be published at least twice in a newspaper of general |
---|
3170 | 3170 | | 15 circulation in the municipality |
---|
3171 | 3171 | | 16. The |
---|
3172 | 3172 | | 17 advertisement may be supplemented by the county or |
---|
3173 | 3173 | | 18 municipality as provided by W.S. 22-20-104(b). |
---|
3174 | 3174 | | 19 |
---|
3175 | 3175 | | 20 |
---|
3176 | 3176 | | 21 |
---|
3177 | 3177 | | 22 2025STATE OF WYOMING25LSO-0590142HB02981 (b) The ballot proposition for an initiative shall be |
---|
3178 | 3178 | | 2 published by the secretary of state in a newspaper of |
---|
3179 | 3179 | | 3 general circulation in the state in the newspaper edition |
---|
3180 | 3180 | | 4 immediately |
---|
3181 | 3181 | | 5 preceding the general election. Publication under this |
---|
3182 | 3182 | | 6 subsection shall contain the text of the initiative ballot |
---|
3183 | 3183 | | 7 and shall identify both a physical location and a web site |
---|
3184 | 3184 | | 8 address or other electronic location where the entire text |
---|
3185 | 3185 | | 9 of the initiative can be viewed. |
---|
3186 | 3186 | | 10 |
---|
3187 | 3187 | | 11 |
---|
3188 | 3188 | | 12 |
---|
3189 | 3189 | | 13 |
---|
3190 | 3190 | | 14 (b) The ballot proposition for a referendum shall be |
---|
3191 | 3191 | | 15 published by the secretary of state in a newspaper of |
---|
3192 | 3192 | | 16 general circulation in the state in the newspaper edition |
---|
3193 | 3193 | | 17 immediately |
---|
3194 | 3194 | | 18 preceding the general election. Publication under this |
---|
3195 | 3195 | | 19 subsection shall contain the text of the referendum ballot |
---|
3196 | 3196 | | 20 and shall identify both a physical location and a web site |
---|
3197 | 3197 | | 21 address or other electronic location where the entire text |
---|
3198 | 3198 | | 22 of the referendum can be viewed. |
---|
3199 | 3199 | | 23 2025STATE OF WYOMING25LSO-0590143HB02981 |
---|
3200 | 3200 | | 2 |
---|
3201 | 3201 | | 3 |
---|
3202 | 3202 | | 4 (a) A petition for formation of a district shall be |
---|
3203 | 3203 | | 5 filed with the county commissioners. Before the petition |
---|
3204 | 3204 | | 6 is filed, the county assessor and the department of revenue |
---|
3205 | 3205 | | 7 shall review, within sixty (60) days of receiving notice of |
---|
3206 | 3206 | | 8 the petition, the boundaries of the proposed district for |
---|
3207 | 3207 | | 9 any conflict, overlap, gap or other boundary issue and make |
---|
3208 | 3208 | | 10 written comments thereon to be submitted with the petition. |
---|
3209 | 3209 | | 11 Further, the petition shall be approved by any agency |
---|
3210 | 3210 | | 12 required by the principal act to approve the petition. If |
---|
3211 | 3211 | | 13 the petition satisfies all requirements of the principal |
---|
3212 | 3212 | | 14 act, the county commissioners shall: |
---|
3213 | 3213 | | 15 |
---|
3214 | 3214 | | 16 (ii) The county commissioners shall cause notice |
---|
3215 | 3215 | | 17 of the hearing to be posted in at least three (3) public |
---|
3216 | 3216 | | 18 places and published by two (2) insertions in a newspaper |
---|
3217 | 3217 | | 19 of general circulation in that county or counties in which |
---|
3218 | 3218 | | 20 all or any part of the district is proposed to be located |
---|
3219 | 3219 | | 21 |
---|
3220 | 3220 | | 22. The last of the 2025STATE OF WYOMING25LSO-0590144HB0298 |
---|
3221 | 3221 | | 1 notices shall be published at least ten (10) business days |
---|
3222 | 3222 | | 2 prior to the hearing. The notice shall state: |
---|
3223 | 3223 | | 3 |
---|
3224 | 3224 | | 4 |
---|
3225 | 3225 | | 5 |
---|
3226 | 3226 | | 6 |
---|
3227 | 3227 | | 7 (a) Between one hundred one (101) and ninety-one (91) |
---|
3228 | 3228 | | 8 days before an organizational election held in conjunction |
---|
3229 | 3229 | | 9 with a primary or other August election, between ninety |
---|
3230 | 3230 | | 10 (90) and seventy (70) days before an organizational |
---|
3231 | 3231 | | 11 election held in conjunction with a May, general, November |
---|
3232 | 3232 | | 12 or mail ballot election held at any other time, the county |
---|
3233 | 3233 | | 13 clerk shall publish at least once in a newspaper of general |
---|
3234 | 3234 | | 14 circulation in each county in which all or part of the |
---|
3235 | 3235 | | 15 proposed district is situated |
---|
3236 | 3236 | | 16 a |
---|
3237 | 3237 | | 17 proclamation setting forth the date of the election, what |
---|
3238 | 3238 | | 18 county clerk is the filing officer, the question of |
---|
3239 | 3239 | | 19 formation, what offices are to be filled including the |
---|
3240 | 3240 | | 20 terms of the offices, the filing period for the offices and |
---|
3241 | 3241 | | 21 other pertinent election information. Minor errors in the |
---|
3242 | 3242 | | 22 proclamation shall not invalidate the forthcoming election. |
---|
3243 | 3243 | | 23 2025STATE OF WYOMING25LSO-0590145HB02981 (c) The county clerk shall publish a sample ballot |
---|
3244 | 3244 | | 2 with the question of formation and candidates for directors |
---|
3245 | 3245 | | 3 together with any other ballot proposition at least once in |
---|
3246 | 3246 | | 4 a newspaper of general circulation in each county in which |
---|
3247 | 3247 | | 5 all or part of the proposed district is located or for not |
---|
3248 | 3248 | | 6 |
---|
3249 | 3249 | | 7, at least ten (10) business days prior to the |
---|
3250 | 3250 | | 8 election. |
---|
3251 | 3251 | | 9 |
---|
3252 | 3252 | | 10 |
---|
3253 | 3253 | | 11 |
---|
3254 | 3254 | | 12 (c) Not more than one hundred twenty (120) and not |
---|
3255 | 3255 | | 13 less than one hundred (100) days before the election, the |
---|
3256 | 3256 | | 14 secretary of the district shall publish at least once in a |
---|
3257 | 3257 | | 15 newspaper of general circulation in each county in which |
---|
3258 | 3258 | | 16 all or part of the district is situated |
---|
3259 | 3259 | | 17 |
---|
3260 | 3260 | | 18, a proclamation setting forth the date of the |
---|
3261 | 3261 | | 19 election, what district officer is the filing officer, what |
---|
3262 | 3262 | | 20 offices are to be elected and the terms of office, the |
---|
3263 | 3263 | | 21 filing period for the offices and other pertinent election |
---|
3264 | 3264 | | 22 information. |
---|
3265 | 3265 | | 23 2025STATE OF WYOMING25LSO-0590146HB02981 (e) The name of all qualified candidates shall be |
---|
3266 | 3266 | | 2 published in a newspaper of general circulation in each |
---|
3267 | 3267 | | 3 county in which the district is located |
---|
3268 | 3268 | | 4 not later than ten |
---|
3269 | 3269 | | 5 (10) business days prior to the date of such election. |
---|
3270 | 3270 | | 6 |
---|
3271 | 3271 | | 7 |
---|
3272 | 3272 | | 8 |
---|
3273 | 3273 | | 9 (b) The directors shall not adopt a resolution for a |
---|
3274 | 3274 | | 10 district name change without publishing notice once of the |
---|
3275 | 3275 | | 11 proposed name change in a newspaper of general circulation |
---|
3276 | 3276 | | 12 in the county or on the centralized electronic notice |
---|
3277 | 3277 | | 13. |
---|
3278 | 3278 | | 14 |
---|
3279 | 3279 | | 15 |
---|
3280 | 3280 | | 16 |
---|
3281 | 3281 | | 17 |
---|
3282 | 3282 | | 18 (a) On and after January 1, 1924, all roads within |
---|
3283 | 3283 | | 19 this state shall be highways, which have been or may be |
---|
3284 | 3284 | | 20 declared by law to be state or county highways. It shall be |
---|
3285 | 3285 | | 21 the duty of the several boards of county commissioners, |
---|
3286 | 3286 | | 22 within their respective counties, prior to said date, to |
---|
3287 | 3287 | | 23 determine what, if any, such roads now or heretofore 2025STATE OF WYOMING25LSO-0590147HB0298 |
---|
3288 | 3288 | | 1 traveled but not heretofore officially established and |
---|
3289 | 3289 | | 2 recorded, are necessary or important for the public use as |
---|
3290 | 3290 | | 3 permanent roads, and to cause such roads to be recorded, or |
---|
3291 | 3291 | | 4 if need be laid out, established and recorded, and all |
---|
3292 | 3292 | | 5 roads recorded as aforesaid, shall be highways. No other |
---|
3293 | 3293 | | 6 roads, except roads located on federal public lands prior |
---|
3294 | 3294 | | 7 to October, 1976 which provide access for a private |
---|
3295 | 3295 | | 8 residence or agricultural operation shall be highways upon |
---|
3296 | 3296 | | 9 acceptance by the board of county commissioners of the |
---|
3297 | 3297 | | 10 county where the road is located, shall be highways unless |
---|
3298 | 3298 | | 11 and until lawfully established as such by official |
---|
3299 | 3299 | | 12 authority. Except, nothing contained herein shall be |
---|
3300 | 3300 | | 13 construed as preventing the creation or establishment of a |
---|
3301 | 3301 | | 14 public highway right-of-way with reference to state and |
---|
3302 | 3302 | | 15 county highways under the common-law doctrines of adverse |
---|
3303 | 3303 | | 16 possession or prescription either prior to or subsequent to |
---|
3304 | 3304 | | 17 the enactment hereof. If any such board shall resolve the |
---|
3305 | 3305 | | 18 creation or establishment of a public highway right-of-way |
---|
3306 | 3306 | | 19 based upon the common-law doctrines of adverse possession |
---|
3307 | 3307 | | 20 or prescription, it shall, following the filing of a plat |
---|
3308 | 3308 | | 21 and accurate survey required in accordance with the terms |
---|
3309 | 3309 | | 22 and provisions of W.S. 24-3-109, proceed with the |
---|
3310 | 3310 | | 23 publication of the proposed road for 2025STATE OF WYOMING25LSO-0590148HB0298 |
---|
3311 | 3311 | | 1 |
---|
3312 | 3312 | | 2 three (3) successive weeks in three (3) successive issues |
---|
3313 | 3313 | | 3 of some official newspaper published in the county, if any |
---|
3314 | 3314 | | 4 such there be, and if no newspaper be published therein, |
---|
3315 | 3315 | | 5 such notice shall be posted in at least three (3) public |
---|
3316 | 3316 | | 6 places along the line of the proposed road, which notice |
---|
3317 | 3317 | | 7 shall be exclusive of all other notices and may be in the |
---|
3318 | 3318 | | 8 following form: |
---|
3319 | 3319 | | 9 |
---|
3320 | 3320 | | 10 To all whom it may concern: The board of county |
---|
3321 | 3321 | | 11 commissioners of .... county has resolved the creation and |
---|
3322 | 3322 | | 12 establishment of a public highway right-of-way under the |
---|
3323 | 3323 | | 13 common-law doctrine of prescription in that the road was |
---|
3324 | 3324 | | 14 constructed or substantially maintained by the (either the |
---|
3325 | 3325 | | 15 state or county) for general public use for a period of |
---|
3326 | 3326 | | 16 (ten years or longer) said road commencing at .... in .... |
---|
3327 | 3327 | | 17 county, Wyoming, running thence (here describe in general |
---|
3328 | 3328 | | 18 terms the points and courses thereof), and terminating at |
---|
3329 | 3329 | | 19 .... |
---|
3330 | 3330 | | 20 |
---|
3331 | 3331 | | 21 All objections thereto must be filed in writing with |
---|
3332 | 3332 | | 22 the county clerk of said county before noon on the .... day 2025STATE OF WYOMING25LSO-0590149HB0298 |
---|
3333 | 3333 | | 1 of .... A.D., ...., or such road will be established |
---|
3334 | 3334 | | 2 without reference to such objections. |
---|
3335 | 3335 | | 3 |
---|
3336 | 3336 | | 4 .... County Clerk |
---|
3337 | 3337 | | 5 |
---|
3338 | 3338 | | 6 Dated .... A.D. |
---|
3339 | 3339 | | 7 |
---|
3340 | 3340 | | 8 |
---|
3341 | 3341 | | 9 |
---|
3342 | 3342 | | 10 |
---|
3343 | 3343 | | 11 (e) The board of county commissioners of any county |
---|
3344 | 3344 | | 12 or governing body of any city or town shall cause notices |
---|
3345 | 3345 | | 13 of the contract to be let to be published for two (2) |
---|
3346 | 3346 | | 14 consecutive weeks in a newspaper having general circulation |
---|
3347 | 3347 | | 15 within the state |
---|
3348 | 3348 | | 16 |
---|
3349 | 3349 | | 17 means available to achieve as wide a notice as possible, |
---|
3350 | 3350 | | 18 but in no case shall any letting of the contract be held |
---|
3351 | 3351 | | 19 within fifteen (15) days of the last published notice. |
---|
3352 | 3352 | | 20 |
---|
3353 | 3353 | | 21 |
---|
3354 | 3354 | | 22 |
---|
3355 | 3355 | | 23 2025STATE OF WYOMING25LSO-0590150HB02981 (a) Notice shall be published of the proposed |
---|
3356 | 3356 | | 2 location or alteration of any road by posting on the |
---|
3357 | 3357 | | 3 county's official website in the manner provided in W.S. |
---|
3358 | 3358 | | 4 18-3-516(f) and by publication for two (2) successive weeks |
---|
3359 | 3359 | | 5 in the designated official newspaper of the county, |
---|
3360 | 3360 | | 6 |
---|
3361 | 3361 | | 7 |
---|
3362 | 3362 | | 8 notice |
---|
3363 | 3363 | | 9 may be in the following form: |
---|
3364 | 3364 | | 10 |
---|
3365 | 3365 | | 11 To all to whom it may concern: The Board of County |
---|
3366 | 3366 | | 12 Commissioners have decided to locate (or alter, as the case |
---|
3367 | 3367 | | 13 may be) a road commencing at .... in .... County, Wyoming, |
---|
3368 | 3368 | | 14 running thence (here describe in general terms the points |
---|
3369 | 3369 | | 15 and courses thereof), and terminating at .... . |
---|
3370 | 3370 | | 16 |
---|
3371 | 3371 | | 17 All objections thereto or claims for damages by reason |
---|
3372 | 3372 | | 18 thereof must be filed in writing with the county clerk of |
---|
3373 | 3373 | | 19 said county, before noon on the .... day of .... A.D. .... |
---|
3374 | 3374 | | 20 or such road will be established (or altered) without |
---|
3375 | 3375 | | 21 reference to such objections or claims for damages. |
---|
3376 | 3376 | | 22 |
---|
3377 | 3377 | | 23 ........... County Clerk 2025STATE OF WYOMING25LSO-0590151HB02981 |
---|
3378 | 3378 | | 2 Dated .... A.D. |
---|
3379 | 3379 | | 3 |
---|
3380 | 3380 | | 4 |
---|
3381 | 3381 | | 5 |
---|
3382 | 3382 | | 6 (a) Prior to adoption of a resolution identifying |
---|
3383 | 3383 | | 7 county roads in any area in the county, notice of the |
---|
3384 | 3384 | | 8 proposed identification shall be posted on the county's |
---|
3385 | 3385 | | 9 official website in the manner provided in W.S. 18-3-516(f) |
---|
3386 | 3386 | | 10 and published for two (2) successive weeks in the |
---|
3387 | 3387 | | 11 designated official newspaper of the county, subject to |
---|
3388 | 3388 | | 12 |
---|
3389 | 3389 | | 13 |
---|
3390 | 3390 | | 14 |
---|
3391 | 3391 | | 15 in substantially the following form: |
---|
3392 | 3392 | | 16 |
---|
3393 | 3393 | | 17 NOTICE OF IDENTIFICATION OF COUNTY ROADS UNDER |
---|
3394 | 3394 | | 18 |
---|
3395 | 3395 | | 19 W.S. 24-3-201 THROUGH 24-3-206 |
---|
3396 | 3396 | | 20 |
---|
3397 | 3397 | | 21 TO WHOM IT MAY CONCERN: The Board of County |
---|
3398 | 3398 | | 22 Commissioners intends to identify county roads in the |
---|
3399 | 3399 | | 23 following areas of .... (name of county) county under the 2025STATE OF WYOMING25LSO-0590152HB0298 |
---|
3400 | 3400 | | 1 identification procedure contained in W.S. 24-3-201 through |
---|
3401 | 3401 | | 2 24-3-206: (general description of areas described in the |
---|
3402 | 3402 | | 3 map, i.e. USGS Quad map, section, township, range, etc.) |
---|
3403 | 3403 | | 4 |
---|
3404 | 3404 | | 5 The only county roads in the township which shall |
---|
3405 | 3405 | | 6 exist after this identification procedure are described as |
---|
3406 | 3406 | | 7 follows: |
---|
3407 | 3407 | | 8 |
---|
3408 | 3408 | | 9 (Road name, road number or petition number) ......... |
---|
3409 | 3409 | | 10 |
---|
3410 | 3410 | | 11 All other county roads within the area identified in |
---|
3411 | 3411 | | 12 the map which are not described above shall be accordingly |
---|
3412 | 3412 | | 13 vacated upon adoption of the resolution for identification. |
---|
3413 | 3413 | | 14 All objections to or claims for damage by reason of this |
---|
3414 | 3414 | | 15 identification procedure shall be filed in writing with the |
---|
3415 | 3415 | | 16 county clerk of this county before 12:00 noon on the .... |
---|
3416 | 3416 | | 17 day of .... (not less than thirty (30) days after |
---|
3417 | 3417 | | 18 publication of the second notice) or the county roads will |
---|
3418 | 3418 | | 19 be vacated as indicated without reference to the objections |
---|
3419 | 3419 | | 20 or claims. |
---|
3420 | 3420 | | 21 |
---|
3421 | 3421 | | 22 |
---|
3422 | 3422 | | 23 2025STATE OF WYOMING25LSO-0590153HB0298 |
---|
3423 | 3423 | | 1 |
---|
3424 | 3424 | | 2 (a) Notice shall be published of the proposed |
---|
3425 | 3425 | | 3 location of such road by posting on the county's official |
---|
3426 | 3426 | | 4 website in the manner provided in W.S. 18-3-516(f) and by |
---|
3427 | 3427 | | 5 publishing once weekly for two (2) successive weeks in the |
---|
3428 | 3428 | | 6 designated official newspaper of the county, |
---|
3429 | 3429 | | 7 |
---|
3430 | 3430 | | 8 |
---|
3431 | 3431 | | 9 notice shall be |
---|
3432 | 3432 | | 10 in the following form: |
---|
3433 | 3433 | | 11 |
---|
3434 | 3434 | | 12 TO WHOM IT MAY CONCERN: The Board of the County |
---|
3435 | 3435 | | 13 Commissioners have decided to locate a road commencing at |
---|
3436 | 3436 | | 14 .... in .... County, Wyoming, running thence (here describe |
---|
3437 | 3437 | | 15 in general terms the points and courses thereof), and |
---|
3438 | 3438 | | 16 terminating at ..... All objections thereto or claims for |
---|
3439 | 3439 | | 17 damages by reason thereof must be filed in writing with the |
---|
3440 | 3440 | | 18 County Clerk of said county, before noon on the .... day of |
---|
3441 | 3441 | | 19 ...., (year), or such road will be established without |
---|
3442 | 3442 | | 20 reference to such objections or claims for damages. |
---|
3443 | 3443 | | 21 |
---|
3444 | 3444 | | 22 Dated .... County Clerk............. |
---|
3445 | 3445 | | 23 2025STATE OF WYOMING25LSO-0590154HB02981 |
---|
3446 | 3446 | | 2 |
---|
3447 | 3447 | | 3 |
---|
3448 | 3448 | | 4 The state treasurer shall give notice by publication in not |
---|
3449 | 3449 | | 5 less than three (3) newspapers published in the state and |
---|
3450 | 3450 | | 6 at least one (1) newspaper published outside the state, |
---|
3451 | 3451 | | 7 of his |
---|
3452 | 3452 | | 8 intention to issue and negotiate bonds in all cases where |
---|
3453 | 3453 | | 9 the same are not purchased out of state funds and the bonds |
---|
3454 | 3454 | | 10 shall be sold at not less than the par value thereof to the |
---|
3455 | 3455 | | 11 highest responsible bidder in response to such |
---|
3456 | 3456 | | 12 advertisement. The state treasurer, however, may reject any |
---|
3457 | 3457 | | 13 or all bids. |
---|
3458 | 3458 | | 14 |
---|
3459 | 3459 | | 15 |
---|
3460 | 3460 | | 16 |
---|
3461 | 3461 | | 17 |
---|
3462 | 3462 | | 18 (c) The commissioner shall publish notice of any |
---|
3463 | 3463 | | 19 suspension, revocation or refusal to continue in a |
---|
3464 | 3464 | | 20 newspaper in general circulation |
---|
3465 | 3465 | | 21 |
---|
3466 | 3466 | | 22 2025STATE OF WYOMING25LSO-0590155HB02981 |
---|
3467 | 3467 | | 2 |
---|
3468 | 3468 | | 3 |
---|
3469 | 3469 | | 4 (a) The commissioner shall: |
---|
3470 | 3470 | | 5 |
---|
3471 | 3471 | | 6 (iii) Require that the association notify the |
---|
3472 | 3472 | | 7 insolvent insurer's insureds and any other interested |
---|
3473 | 3473 | | 8 parties of the insolvency determination and of their rights |
---|
3474 | 3474 | | 9 under this chapter. The notification shall be by mail at |
---|
3475 | 3475 | | 10 their last known address, if available, but if sufficient |
---|
3476 | 3476 | | 11 information for notification by mail is not available, |
---|
3477 | 3477 | | 12 notice by publication in a newspaper of general circulation |
---|
3478 | 3478 | | 13 |
---|
3479 | 3479 | | 14 sufficient. |
---|
3480 | 3480 | | 15 |
---|
3481 | 3481 | | 16 |
---|
3482 | 3482 | | 17 |
---|
3483 | 3483 | | 18 |
---|
3484 | 3484 | | 19 (b) Upon determining the prevailing hourly rate of |
---|
3485 | 3485 | | 20 wages under subsection (a) of this section, the department |
---|
3486 | 3486 | | 21 shall provide notice of its determination to: |
---|
3487 | 3487 | | 22 2025STATE OF WYOMING25LSO-0590156HB02981 (i) The general public by publication in a |
---|
3488 | 3488 | | 2 newspaper of general circulation within each locality for |
---|
3489 | 3489 | | 3 which a prevailing wage rate is determined or on the |
---|
3490 | 3490 | | 4 |
---|
3491 | 3491 | | 5 |
---|
3492 | 3492 | | 6 |
---|
3493 | 3493 | | 7 |
---|
3494 | 3494 | | 8 |
---|
3495 | 3495 | | 9 |
---|
3496 | 3496 | | 10 |
---|
3497 | 3497 | | 11 (a) A sale shall be made at public auction. The |
---|
3498 | 3498 | | 12 lienholder shall first give ten (10) days notice in any |
---|
3499 | 3499 | | 13 newspaper published in the county where the notice of lien |
---|
3500 | 3500 | | 14 is filed . If |
---|
3501 | 3501 | | 15 |
---|
3502 | 3502 | | 16 |
---|
3503 | 3503 | | 17 notice shall be posted for two (2) weeks in at least three |
---|
3504 | 3504 | | 18 (3) public places in the county, one (1) of which shall be |
---|
3505 | 3505 | | 19 at the front door of the courthouse. The notice shall: |
---|
3506 | 3506 | | 20 |
---|
3507 | 3507 | | 21 |
---|
3508 | 3508 | | 22 |
---|
3509 | 3509 | | 23 2025STATE OF WYOMING25LSO-0590157HB0298 |
---|
3510 | 3510 | | 1 |
---|
3511 | 3511 | | 2 The state mining council shall examine applicants for |
---|
3512 | 3512 | | 3 certification as mine foreman and mine examiner, and shall |
---|
3513 | 3513 | | 4 issue certificates of competency to qualified applicants |
---|
3514 | 3514 | | 5 who pass the examination. The council shall meet at least |
---|
3515 | 3515 | | 6 annually in May at Rock Springs to examine applicants for |
---|
3516 | 3516 | | 7 certificates and may meet at other times and places. The |
---|
3517 | 3517 | | 8 council shall decide the day and place of all meetings. At |
---|
3518 | 3518 | | 9 least fifteen (15) days notice of the place and date of |
---|
3519 | 3519 | | 10 every meeting of the council held for the purpose of |
---|
3520 | 3520 | | 11 examining applicants shall be given by publication in a |
---|
3521 | 3521 | | 12 newspaper published in the area where the examination is to |
---|
3522 | 3522 | | 13 be held or on the centralized electronic notice system, and |
---|
3523 | 3523 | | 14 by posting copies of the published notice at all mines in |
---|
3524 | 3524 | | 15 the vicinity of said place. A meeting held pursuant to |
---|
3525 | 3525 | | 16 this section may be held in conjunction with regular |
---|
3526 | 3526 | | 17 council meetings required by W.S. 30-2-303. |
---|
3527 | 3527 | | 18 |
---|
3528 | 3528 | | 19 |
---|
3529 | 3529 | | 20 |
---|
3530 | 3530 | | 21 |
---|
3531 | 3531 | | 22 (d) Notice of all hearings before the commission |
---|
3532 | 3532 | | 23 shall be given by the commission by one (1) publication in 2025STATE OF WYOMING25LSO-0590158HB0298 |
---|
3533 | 3533 | | 1 a newspaper of general circulation in Natrona county, and |
---|
3534 | 3534 | | 2 by one (1) publication in a newspaper of general |
---|
3535 | 3535 | | 3 circulation in the county where the land affected, or some |
---|
3536 | 3536 | | 4 part thereof, is situated, or by publication for not less |
---|
3537 | 3537 | | 5 |
---|
3538 | 3538 | | 6. In all cases where there is an application for the |
---|
3539 | 3539 | | 7 entry of a pooling order, the commission, in addition to |
---|
3540 | 3540 | | 8 such publication notice, shall cause notice of the hearing |
---|
3541 | 3541 | | 9 to be mailed to all owners whose interests are sought to be |
---|
3542 | 3542 | | 10 pooled. In all cases where a complaint is made by the |
---|
3543 | 3543 | | 11 commission, or by the state oil and gas supervisor or by |
---|
3544 | 3544 | | 12 any party that any provision of this act, or any rule, |
---|
3545 | 3545 | | 13 regulation or order of the commission is being violated, |
---|
3546 | 3546 | | 14 notice of the hearing on such complaint shall be served on |
---|
3547 | 3547 | | 15 the parties charged with such violation by any officer |
---|
3548 | 3548 | | 16 authorized by law to serve summons in civil actions or by |
---|
3549 | 3549 | | 17 an agent authorized and directed by the commission or its |
---|
3550 | 3550 | | 18 secretary, in the same manner as is provided in the code of |
---|
3551 | 3551 | | 19 civil procedure for service of process in civil actions in |
---|
3552 | 3552 | | 20 the district courts of this state; proof of such service by |
---|
3553 | 3553 | | 21 an officer shall be in the form provided by law with |
---|
3554 | 3554 | | 22 respect to civil process and proof of such service by an |
---|
3555 | 3555 | | 23 agent shall be by such agent's affidavit. 2025STATE OF WYOMING25LSO-0590159HB0298 |
---|
3556 | 3556 | | 1 |
---|
3557 | 3557 | | 2 |
---|
3558 | 3558 | | 3 |
---|
3559 | 3559 | | 4 |
---|
3560 | 3560 | | 5 (b) The fiscal officer shall publish or cause to be |
---|
3561 | 3561 | | 6 published an annual summary of all traffic violation |
---|
3562 | 3562 | | 7 notices issued by the traffic enforcement agency and the |
---|
3563 | 3563 | | 8 dispositions thereof in at least one (1) local daily |
---|
3564 | 3564 | | 9 newspaper of general circulation or for not less than one |
---|
3565 | 3565 | | 10. |
---|
3566 | 3566 | | 11 |
---|
3567 | 3567 | | 12 |
---|
3568 | 3568 | | 13 |
---|
3569 | 3569 | | 14 |
---|
3570 | 3570 | | 15 All vehicles seized under W.S. 31-11-111 remaining |
---|
3571 | 3571 | | 16 unclaimed after ninety (90) days from the date of seizure, |
---|
3572 | 3572 | | 17 shall be sold by the department or its authorized |
---|
3573 | 3573 | | 18 representative, at public auction, to the highest bidder. |
---|
3574 | 3574 | | 19 Notice of sale shall be published not less than ten (10) |
---|
3575 | 3575 | | 20 days preceding the date of the sale, in a newspaper of |
---|
3576 | 3576 | | 21 general circulation in the county where the vehicle is to |
---|
3577 | 3577 | | 22 be sold , |
---|
3578 | 3578 | | 23 giving a full description of the vehicle together with 2025STATE OF WYOMING25LSO-0590160HB0298 |
---|
3579 | 3579 | | 1 engine or serial numbers or marks, if any. All expenses |
---|
3580 | 3580 | | 2 incident to the sale and storage of the vehicle shall be |
---|
3581 | 3581 | | 3 first paid from the receipts from the sale, and any residue |
---|
3582 | 3582 | | 4 shall be paid by the department to the state treasurer for |
---|
3583 | 3583 | | 5 credit to the general fund. Should any claimant prove |
---|
3584 | 3584 | | 6 ownership of a vehicle sold by the department under this |
---|
3585 | 3585 | | 7 act within six (6) months after the date of sale, the state |
---|
3586 | 3586 | | 8 auditor shall upon proper proof of ownership approved by |
---|
3587 | 3587 | | 9 the department, draw a warrant upon the state treasurer in |
---|
3588 | 3588 | | 10 favor of the claimant for the amount which was paid into |
---|
3589 | 3589 | | 11 the state treasury. |
---|
3590 | 3590 | | 12 |
---|
3591 | 3591 | | 13 |
---|
3592 | 3592 | | 14 |
---|
3593 | 3593 | | 15 |
---|
3594 | 3594 | | 16 (b) The notice required by W.S. 31-13-104, if the |
---|
3595 | 3595 | | 17 identity of the vehicle owner of record or lienholders of |
---|
3596 | 3596 | | 18 record, if any, cannot be determined or if the registration |
---|
3597 | 3597 | | 19 contains no address for the owner, shall be by one (1) |
---|
3598 | 3598 | | 20 publication in a newspaper of general circulation in the |
---|
3599 | 3599 | | 21 county where the vehicle was abandoned |
---|
3600 | 3600 | | 22. Notice by publication |
---|
3601 | 3601 | | 23 may contain multiple listings of abandoned vehicles. Any 2025STATE OF WYOMING25LSO-0590161HB0298 |
---|
3602 | 3602 | | 1 notice shall be in compliance with the provisions of |
---|
3603 | 3603 | | 2 subsection (a) of this section. |
---|
3604 | 3604 | | 3 |
---|
3605 | 3605 | | 4 |
---|
3606 | 3606 | | 5 |
---|
3607 | 3607 | | 6 |
---|
3608 | 3608 | | 7 |
---|
3609 | 3609 | | 8 (a) As to vehicles impounded by a police officer |
---|
3610 | 3610 | | 9 having a fair market value of two thousand dollars |
---|
3611 | 3611 | | 10 ($2,000.00) or more after thirty (30) days have elapsed |
---|
3612 | 3612 | | 11 from the date notice was given as provided in W.S. |
---|
3613 | 3613 | | 12 31-13-106, the sheriff shall sell the vehicle and its |
---|
3614 | 3614 | | 13 contents, if any, at public auction to the highest bidder |
---|
3615 | 3615 | | 14 or cause an action to be filed pursuant to W.S. |
---|
3616 | 3616 | | 15 31-13-112(e). Notice of the sale shall be published once in |
---|
3617 | 3617 | | 16 a newspaper of general circulation in the county where the |
---|
3618 | 3618 | | 17 vehicle is impounded |
---|
3619 | 3619 | | 18 not less than ten |
---|
3620 | 3620 | | 19 (10) days preceding the date of the sale, giving a full |
---|
3621 | 3621 | | 20 description of the vehicle together with engine or serial |
---|
3622 | 3622 | | 21 numbers or marks, if any, and the amount of money claimed |
---|
3623 | 3623 | | 22 to be due thereon and the time and place of sale. All |
---|
3624 | 3624 | | 23 expenses incident to the removal, preservation, custody, 2025STATE OF WYOMING25LSO-0590162HB0298 |
---|
3625 | 3625 | | 1 sale and storage of the vehicle shall be paid and any |
---|
3626 | 3626 | | 2 proceeds shall be distributed pursuant to W.S. 31-13-111. |
---|
3627 | 3627 | | 3 After any vehicle has been sold under this section, the |
---|
3628 | 3628 | | 4 former owner, any lienholder or person entitled to |
---|
3629 | 3629 | | 5 possession of the vehicle has no further right, title, |
---|
3630 | 3630 | | 6 claim or interest in or to the vehicle or its contents, and |
---|
3631 | 3631 | | 7 all liens, encumbrances and security interests are |
---|
3632 | 3632 | | 8 extinguished. |
---|
3633 | 3633 | | 9 |
---|
3634 | 3634 | | 10 |
---|
3635 | 3635 | | 11 |
---|
3636 | 3636 | | 12 |
---|
3637 | 3637 | | 13 |
---|
3638 | 3638 | | 14 (d) The owner or person in lawful control of the |
---|
3639 | 3639 | | 15 property shall give a written notice of sale after the |
---|
3640 | 3640 | | 16 thirty (30) day time period provided in subsection (a) of |
---|
3641 | 3641 | | 17 this section expires but not less than ten (10) days |
---|
3642 | 3642 | | 18 preceding the date of sale to the sheriff of the county in |
---|
3643 | 3643 | | 19 which the vehicle is sold and by certified mail, return |
---|
3644 | 3644 | | 20 receipt requested, to the owner and any lienholder of |
---|
3645 | 3645 | | 21 record, if they are identified through reasonable efforts. |
---|
3646 | 3646 | | 22 The owner or person in lawful control of the property shall |
---|
3647 | 3647 | | 23 publish notice of the sale 2025STATE OF WYOMING25LSO-0590163HB0298 |
---|
3648 | 3648 | | 1 |
---|
3649 | 3649 | | 2 for two (2) consecutive weeks in a newspaper of general |
---|
3650 | 3650 | | 3 circulation in the county where the vehicle is abandoned. |
---|
3651 | 3651 | | 4 The notice shall contain the following: |
---|
3652 | 3652 | | 5 |
---|
3653 | 3653 | | 6 |
---|
3654 | 3654 | | 7 |
---|
3655 | 3655 | | 8 |
---|
3656 | 3656 | | 9 All fees under chapter 18 of title 31, diesel fuel taxes, |
---|
3657 | 3657 | | 10 penalty or interest under title 39 or commercial vehicle |
---|
3658 | 3658 | | 11 registration fees under title 31 become delinquent if not |
---|
3659 | 3659 | | 12 paid as provided for by law from the date due. Delinquent |
---|
3660 | 3660 | | 13 diesel fuel taxes, penalties, interest or commercial |
---|
3661 | 3661 | | 14 vehicle registration fees are a lien on all motor vehicles |
---|
3662 | 3662 | | 15 owned or operated in this state by the person liable for |
---|
3663 | 3663 | | 16 payment of the taxes, penalties, interest or fees. If any |
---|
3664 | 3664 | | 17 such taxes, penalties, interest or fees remain delinquent |
---|
3665 | 3665 | | 18 for thirty (30) days or if any vehicle subject to the lien |
---|
3666 | 3666 | | 19 is about to be removed from the state, the department or |
---|
3667 | 3667 | | 20 its authorized enforcement agent may seize and sell the |
---|
3668 | 3668 | | 21 vehicle subject to all existing liens and security |
---|
3669 | 3669 | | 22 interests held by others, at public auction upon notice to |
---|
3670 | 3670 | | 23 the owner and lienholder of record as provided by Rule 4 of 2025STATE OF WYOMING25LSO-0590164HB0298 |
---|
3671 | 3671 | | 1 the Wyoming Rules of Civil Procedure, and upon four (4) |
---|
3672 | 3672 | | 2 weeks notice of the sale in a newspaper published in the |
---|
3673 | 3673 | | 3 counties in which the vehicle is titled and registered or |
---|
3674 | 3674 | | 4. The department |
---|
3675 | 3675 | | 5 may bring suit in any court of competent jurisdiction to |
---|
3676 | 3676 | | 6 collect any delinquent fees or taxes, penalties and |
---|
3677 | 3677 | | 7 interest under this section. |
---|
3678 | 3678 | | 8 |
---|
3679 | 3679 | | 9 |
---|
3680 | 3680 | | 10 |
---|
3681 | 3681 | | 11 |
---|
3682 | 3682 | | 12 (a) Notice that the mortgage will be foreclosed by a |
---|
3683 | 3683 | | 13 sale of the mortgaged premises, or some part of them, shall |
---|
3684 | 3684 | | 14 be given by publishing the notice for four (4) consecutive |
---|
3685 | 3685 | | 15 weeks |
---|
3686 | 3686 | | 16 |
---|
3687 | 3687 | | 17 |
---|
3688 | 3688 | | 18 at least once in each week, in |
---|
3689 | 3689 | | 19 a newspaper printed in the county where the premises |
---|
3690 | 3690 | | 20 included in the mortgage and intended to be sold, or some |
---|
3691 | 3691 | | 21 part of them, are situated, if there be one; and if no |
---|
3692 | 3692 | | 22 newspaper be printed in the county, then notice shall be |
---|
3693 | 3693 | | 23 published in a paper printed in the state and of general 2025STATE OF WYOMING25LSO-0590165HB0298 |
---|
3694 | 3694 | | 1 circulation in the county. Prior to first date of |
---|
3695 | 3695 | | 2 publication, a copy of the notice shall be served by |
---|
3696 | 3696 | | 3 certified mail with return receipt requested upon the |
---|
3697 | 3697 | | 4 record owner, the person in possession of mortgaged |
---|
3698 | 3698 | | 5 premises, if different than the record owner, and all |
---|
3699 | 3699 | | 6 holders of recorded mortgages and liens subordinate to the |
---|
3700 | 3700 | | 7 mortgage being foreclosed, which appear of record at least |
---|
3701 | 3701 | | 8 twenty-five (25) days before the scheduled foreclosure |
---|
3702 | 3702 | | 9 sale. The notice shall be sent to the last known address |
---|
3703 | 3703 | | 10 for the addressee, which shall be the address set forth in |
---|
3704 | 3704 | | 11 the mortgage or lien filed of record unless another address |
---|
3705 | 3705 | | 12 has been recorded in the real estate records or has been |
---|
3706 | 3706 | | 13 provided to the foreclosing mortgagee or lienholder. Proof |
---|
3707 | 3707 | | 14 of compliance with this section shall be made by affidavit |
---|
3708 | 3708 | | 15 of an authorized representative of the foreclosing |
---|
3709 | 3709 | | 16 mortgagee or lienholder. A person or entity who acts in |
---|
3710 | 3710 | | 17 reliance upon the affidavit without knowledge that the |
---|
3711 | 3711 | | 18 representations contained therein are incorrect shall not |
---|
3712 | 3712 | | 19 be liable to any person for so acting and may assume |
---|
3713 | 3713 | | 20 without inquiry the existence of the facts contained in the |
---|
3714 | 3714 | | 21 affidavit. |
---|
3715 | 3715 | | 22 |
---|
3716 | 3716 | | 23 2025STATE OF WYOMING25LSO-0590166HB0298 |
---|
3717 | 3717 | | 1 |
---|
3718 | 3718 | | 2 A foreclosure sale may be postponed from time to time by |
---|
3719 | 3719 | | 3 inserting a notice of the postponement as soon as |
---|
3720 | 3720 | | 4 practicable |
---|
3721 | 3721 | | 5 in the newspaper in which the original advertisement was |
---|
3722 | 3722 | | 6 published and continuing the publication until the time to |
---|
3723 | 3723 | | 7 which the sale shall be postponed, at the expense of the |
---|
3724 | 3724 | | 8 party requesting the postponement, provided that the |
---|
3725 | 3725 | | 9 original advertisement is published |
---|
3726 | 3726 | | 10 |
---|
3727 | 3727 | | 11 |
---|
3728 | 3728 | | 12 |
---|
3729 | 3729 | | 13 four (4) consecutive weeks, and |
---|
3730 | 3730 | | 14 the notice of postponement is published |
---|
3731 | 3731 | | 15 |
---|
3732 | 3732 | | 16 two (2) consecutive weeks. |
---|
3733 | 3733 | | 17 |
---|
3734 | 3734 | | 18 |
---|
3735 | 3735 | | 19 |
---|
3736 | 3736 | | 20 |
---|
3737 | 3737 | | 21 |
---|
3738 | 3738 | | 22 |
---|
3739 | 3739 | | 23 2025STATE OF WYOMING25LSO-0590167HB02981 |
---|
3740 | 3740 | | 2 |
---|
3741 | 3741 | | 3 (b) A claim for relief with respect to a fraudulent |
---|
3742 | 3742 | | 4 transfer or obligation under this act involving qualified |
---|
3743 | 3743 | | 5 transfers to a qualified spendthrift trust as provided by |
---|
3744 | 3744 | | 6 W.S. 4-10-510 through 4-10-515 or involving transfers to an |
---|
3745 | 3745 | | 7 irrevocable discretionary trust, provided that the trustee |
---|
3746 | 3746 | | 8 may only make discretionary distributions under W.S. |
---|
3747 | 3747 | | 9 4-10-506(c), is extinguished unless an action is brought: |
---|
3748 | 3748 | | 10 |
---|
3749 | 3749 | | 11 (ii) With respect to a creditor not known to the |
---|
3750 | 3750 | | 12 settlor, one hundred twenty (120) days after the date on |
---|
3751 | 3751 | | 13 which notice of the transfer is first published in a |
---|
3752 | 3752 | | 14 newspaper of general circulation in the county in which the |
---|
3753 | 3753 | | 15 settlor resides |
---|
3754 | 3754 | | 16, provided that the notice includes the information |
---|
3755 | 3755 | | 17 required in paragraph (i) of this subsection; |
---|
3756 | 3756 | | 18 |
---|
3757 | 3757 | | 19 |
---|
3758 | 3758 | | 20 |
---|
3759 | 3759 | | 21 (c) Notice to a lender by a museum shall be deemed |
---|
3760 | 3760 | | 22 given under this chapter if sent by certified mail to the |
---|
3761 | 3761 | | 23 lender's address, return receipt requested. If the lender's 2025STATE OF WYOMING25LSO-0590168HB0298 |
---|
3762 | 3762 | | 1 address is not available to the museum or if proof of |
---|
3763 | 3763 | | 2 receipt is not received by the museum, notice shall be by |
---|
3764 | 3764 | | 3 publication |
---|
3765 | 3765 | | 4 at |
---|
3766 | 3766 | | 5 least once a week for three (3) successive weeks in a |
---|
3767 | 3767 | | 6 newspaper of general circulation in both the county in |
---|
3768 | 3768 | | 7 which the museum is located and the county of the lender's |
---|
3769 | 3769 | | 8 address, if any. |
---|
3770 | 3770 | | 9 |
---|
3771 | 3771 | | 10 |
---|
3772 | 3772 | | 11 |
---|
3773 | 3773 | | 12 (a) Except as provided in subsections (b) and (c) of |
---|
3774 | 3774 | | 13 this section, the administrator, within three (3) years |
---|
3775 | 3775 | | 14 after the receipt of abandoned property, shall sell it to |
---|
3776 | 3776 | | 15 the highest bidder at public sale in whatever city in the |
---|
3777 | 3777 | | 16 state affords in the judgment of the administrator the most |
---|
3778 | 3778 | | 17 favorable market for the property involved. The |
---|
3779 | 3779 | | 18 administrator may decline the highest bid and reoffer the |
---|
3780 | 3780 | | 19 property for sale if in the judgment of the administrator |
---|
3781 | 3781 | | 20 the bid is insufficient. If in the judgment of the |
---|
3782 | 3782 | | 21 administrator the probable cost of sale exceeds the value |
---|
3783 | 3783 | | 22 of the property, it need not be offered for sale. Any sale |
---|
3784 | 3784 | | 23 held under this section shall be preceded by a single 2025STATE OF WYOMING25LSO-0590169HB0298 |
---|
3785 | 3785 | | 1 publication of notice, at least three (3) weeks in advance |
---|
3786 | 3786 | | 2 of sale, in a newspaper of general circulation in the |
---|
3787 | 3787 | | 3 county in which the property is to be sold |
---|
3788 | 3788 | | 4 |
---|
3789 | 3789 | | 5 |
---|
3790 | 3790 | | 6 |
---|
3791 | 3791 | | 7 |
---|
3792 | 3792 | | 8 (b) A warehouse may enforce its lien on goods, other |
---|
3793 | 3793 | | 9 than goods stored by a merchant in the course of its |
---|
3794 | 3794 | | 10 business, only if the following requirements are satisfied: |
---|
3795 | 3795 | | 11 |
---|
3796 | 3796 | | 12 (v) After the expiration of the time given in |
---|
3797 | 3797 | | 13 the notification, an advertisement of the sale shall be |
---|
3798 | 3798 | | 14 published |
---|
3799 | 3799 | | 15 one (1) time per week for two |
---|
3800 | 3800 | | 16 (2) weeks consecutively in a newspaper of general |
---|
3801 | 3801 | | 17 circulation where the sale is to be held. The advertisement |
---|
3802 | 3802 | | 18 shall include a description of the goods, the name of the |
---|
3803 | 3803 | | 19 person on whose account the goods are being held, and the |
---|
3804 | 3804 | | 20 time and place of the sale. The sale shall take place at |
---|
3805 | 3805 | | 21 least fifteen (15) days after the first publication. If |
---|
3806 | 3806 | | 22 |
---|
3807 | 3807 | | 23 there is no 2025STATE OF WYOMING25LSO-0590170HB0298 |
---|
3808 | 3808 | | 1 newspaper of general circulation where the sale is to be |
---|
3809 | 3809 | | 2 held, the advertisement shall be posted at least ten (10) |
---|
3810 | 3810 | | 3 days before the sale in not fewer than six (6) conspicuous |
---|
3811 | 3811 | | 4 places in the neighborhood of the proposed sale. |
---|
3812 | 3812 | | 5 |
---|
3813 | 3813 | | 6 |
---|
3814 | 3814 | | 7 |
---|
3815 | 3815 | | 8 |
---|
3816 | 3816 | | 9 |
---|
3817 | 3817 | | 10 The commissioner shall prepare and submit to the surgeon |
---|
3818 | 3818 | | 11 general a state plan which shall include the hospital and |
---|
3819 | 3819 | | 12 medical facilities construction program developed under |
---|
3820 | 3820 | | 13 W.S. 35-2-320 through 35-2-322 and which shall provide for |
---|
3821 | 3821 | | 14 the establishment, administration, and operation of the |
---|
3822 | 3822 | | 15 hospital and medical facilities construction activities in |
---|
3823 | 3823 | | 16 accordance with the requirements of the federal act and |
---|
3824 | 3824 | | 17 regulations thereunder. The commissioner shall, prior to |
---|
3825 | 3825 | | 18 the submission of such plan to the surgeon general, give |
---|
3826 | 3826 | | 19 adequate publicity to a general description of all the |
---|
3827 | 3827 | | 20 provisions proposed to be included therein, and hold a |
---|
3828 | 3828 | | 21 public hearing at which all persons or organizations with a |
---|
3829 | 3829 | | 22 legitimate interest in such plan may be given an |
---|
3830 | 3830 | | 23 opportunity to express their views. After approval of the 2025STATE OF WYOMING25LSO-0590171HB0298 |
---|
3831 | 3831 | | 1 plan by the surgeon general, the commissioner shall publish |
---|
3832 | 3832 | | 2 a general description of the provisions thereof in at least |
---|
3833 | 3833 | | 3 one (1) newspaper having general circulation in each county |
---|
3834 | 3834 | | 4 in the state |
---|
3835 | 3835 | | 5, and shall make the plan, or a copy thereof, |
---|
3836 | 3836 | | 6 available upon request to all interested persons or |
---|
3837 | 3837 | | 7 organizations. The commissioner shall from time to time |
---|
3838 | 3838 | | 8 review the hospital and medical facilities construction |
---|
3839 | 3839 | | 9 program and submit to the surgeon general any modifications |
---|
3840 | 3840 | | 10 thereof which he may find necessary and may submit to the |
---|
3841 | 3841 | | 11 surgeon general such modifications of the state plan, not |
---|
3842 | 3842 | | 12 inconsistent with the requirements of the federal act, as |
---|
3843 | 3843 | | 13 he may deem advisable. |
---|
3844 | 3844 | | 14 |
---|
3845 | 3845 | | 15 |
---|
3846 | 3846 | | 16 |
---|
3847 | 3847 | | 17 |
---|
3848 | 3848 | | 18 If the proposal to issue said bonds shall be approved, the |
---|
3849 | 3849 | | 19 board of trustees may issue such bonds in such form as the |
---|
3850 | 3850 | | 20 board may direct and shall give notice by publication in |
---|
3851 | 3851 | | 21 some newspaper published in the counties in which said |
---|
3852 | 3852 | | 22 district is located and in some newspaper of general |
---|
3853 | 3853 | | 23 circulation in the capital of this state 2025STATE OF WYOMING25LSO-0590172HB0298 |
---|
3854 | 3854 | | 1 of its intention to |
---|
3855 | 3855 | | 2 issue and negotiate such bonds, and to invite bidders |
---|
3856 | 3856 | | 3 therefor; provided that in no case shall such bonds be sold |
---|
3857 | 3857 | | 4 for less than their full or par value and the accrued |
---|
3858 | 3858 | | 5 interest thereon at the time of their delivery. And the |
---|
3859 | 3859 | | 6 said trustees are authorized to reject any bids, and to |
---|
3860 | 3860 | | 7 sell said bonds at private sale, if they deem it for the |
---|
3861 | 3861 | | 8 best interests of the district. |
---|
3862 | 3862 | | 9 |
---|
3863 | 3863 | | 10 |
---|
3864 | 3864 | | 11 |
---|
3865 | 3865 | | 12 (b) If the proposal to issue bonds is approved, the |
---|
3866 | 3866 | | 13 board of trustees may issue bonds in such form as the board |
---|
3867 | 3867 | | 14 directs, provided any bonds issued under this article shall |
---|
3868 | 3868 | | 15 be in registered or bearer form and shall otherwise comply |
---|
3869 | 3869 | | 16 with W.S. 16-5-501 through 16-5-504. The board of trustees |
---|
3870 | 3870 | | 17 shall give notice by publication in some newspaper |
---|
3871 | 3871 | | 18 published in the counties in which the district is located |
---|
3872 | 3872 | | 19 |
---|
3873 | 3873 | | 20 intention to issue and negotiate the bonds and to invite |
---|
3874 | 3874 | | 21 bidders therefor. In no case shall the bonds be sold for |
---|
3875 | 3875 | | 22 less than their full or par value and the accrued interest |
---|
3876 | 3876 | | 23 thereon at the time of their delivery. The trustees are 2025STATE OF WYOMING25LSO-0590173HB0298 |
---|
3877 | 3877 | | 1 authorized to reject any bids, and to sell the bonds at |
---|
3878 | 3878 | | 2 private sale, if they deem it for the best interests of the |
---|
3879 | 3879 | | 3 district. |
---|
3880 | 3880 | | 4 |
---|
3881 | 3881 | | 5 |
---|
3882 | 3882 | | 6 |
---|
3883 | 3883 | | 7 |
---|
3884 | 3884 | | 8 |
---|
3885 | 3885 | | 9 The board of trustees shall elect one (1) of their members |
---|
3886 | 3886 | | 10 clerk and have the power to appoint, employ and pay an |
---|
3887 | 3887 | | 11 engineer, who shall be removable at pleasure. The clerk may |
---|
3888 | 3888 | | 12 be paid not to exceed five hundred dollars ($500.00) per |
---|
3889 | 3889 | | 13 year by said board. The board shall have power to pass all |
---|
3890 | 3890 | | 14 necessary ordinances, orders, rules and regulations for the |
---|
3891 | 3891 | | 15 necessary conduct of its business and to carry into effect |
---|
3892 | 3892 | | 16 the objects for which such sanitary and improvement |
---|
3893 | 3893 | | 17 district is formed. Immediately after each regular and |
---|
3894 | 3894 | | 18 special meeting of said board, it shall cause to be |
---|
3895 | 3895 | | 19 published in one (1) newspaper of general circulation in |
---|
3896 | 3896 | | 20 the district or on the centralized electronic notice |
---|
3897 | 3897 | | 21, a brief statement of its proceedings, including an |
---|
3898 | 3898 | | 22 itemized list of bills and claims allowed, specifying the |
---|
3899 | 3899 | | 23 amount of each, to whom paid and for what purpose; 2025STATE OF WYOMING25LSO-0590174HB0298 |
---|
3900 | 3900 | | 1 provided, no publication shall be required unless the same |
---|
3901 | 3901 | | 2 can be done at an expense not exceeding one-third of the |
---|
3902 | 3902 | | 3 rate for publication of legal notices. |
---|
3903 | 3903 | | 4 |
---|
3904 | 3904 | | 5 |
---|
3905 | 3905 | | 6 |
---|
3906 | 3906 | | 7 |
---|
3907 | 3907 | | 8 |
---|
3908 | 3908 | | 9 If the electors of the district, equal in number to forty |
---|
3909 | 3909 | | 10 percent (40%) of the electors of the district voting at the |
---|
3910 | 3910 | | 11 last general state election, file written objections to the |
---|
3911 | 3911 | | 12 proposed issuance of the bonds with the clerk of the board |
---|
3912 | 3912 | | 13 of trustees within twenty (20) days after the first |
---|
3913 | 3913 | | 14 publication of notice, the board of trustees shall submit |
---|
3914 | 3914 | | 15 the proposition of issuing the bonds to the electors of the |
---|
3915 | 3915 | | 16 district at an election on a date as determined by the |
---|
3916 | 3916 | | 17 board of county commissioners and authorized under W.S. |
---|
3917 | 3917 | | 18 22-21-103, notice of which shall be given by publication in |
---|
3918 | 3918 | | 19 a legal newspaper published or of general circulation in |
---|
3919 | 3919 | | 20 the district three (3) consecutive weeks |
---|
3920 | 3920 | | 21 |
---|
3921 | 3921 | | 22. If a majority of the qualified electors |
---|
3922 | 3922 | | 23 of the district, voting upon the proposition, vote in favor 2025STATE OF WYOMING25LSO-0590175HB0298 |
---|
3923 | 3923 | | 1 of issuing bonds, the board of trustees may issue and sell |
---|
3924 | 3924 | | 2 bonds and, if revenue bonds are issued, pledge for the |
---|
3925 | 3925 | | 3 payment of same the revenues and earnings of the |
---|
3926 | 3926 | | 4 improvements as proposed in the notice, and enter into |
---|
3927 | 3927 | | 5 contracts in connection therewith as may be necessary or |
---|
3928 | 3928 | | 6 proper. The bonds shall draw interest from and after the |
---|
3929 | 3929 | | 7 date of the issuance thereof, at a rate determined by the |
---|
3930 | 3930 | | 8 board. In the event the electors fail to approve the |
---|
3931 | 3931 | | 9 proposition by majority vote, the proposition shall not be |
---|
3932 | 3932 | | 10 again submitted to the electors for their consideration |
---|
3933 | 3933 | | 11 until five (5) months have elapsed from the date of the |
---|
3934 | 3934 | | 12 election. |
---|
3935 | 3935 | | 13 |
---|
3936 | 3936 | | 14 |
---|
3937 | 3937 | | 15 |
---|
3938 | 3938 | | 16 |
---|
3939 | 3939 | | 17 |
---|
3940 | 3940 | | 18 (c) Such notice shall be signed by the clerk of the |
---|
3941 | 3941 | | 19 board of trustees and be published three (3) consecutive |
---|
3942 | 3942 | | 20 weeks in a legal newspaper published or of general |
---|
3943 | 3943 | | 21 circulation in the district |
---|
3944 | 3944 | | 22. |
---|
3945 | 3945 | | 23 2025STATE OF WYOMING25LSO-0590176HB02981 |
---|
3946 | 3946 | | 2 |
---|
3947 | 3947 | | 3 |
---|
3948 | 3948 | | 4 Any city, town or special cemetery district may declare |
---|
3949 | 3949 | | 5 abandoned the ownership of any unoccupied lots or parcels |
---|
3950 | 3950 | | 6 of land in municipally owned cemeteries, created under and |
---|
3951 | 3951 | | 7 by virtue of W.S. 35-8-201 through 35-8-211, inclusive, or |
---|
3952 | 3952 | | 8 any special cemetery district whenever there has been no |
---|
3953 | 3953 | | 9 contact with or knowledge of the owners, heirs, or assigns, |
---|
3954 | 3954 | | 10 as the case may be, of such lots or parcels for more than |
---|
3955 | 3955 | | 11 twenty-five (25) years. Prior to declaring such |
---|
3956 | 3956 | | 12 abandonment, notice shall be served by registered mail at |
---|
3957 | 3957 | | 13 the last known address of such owner, heirs, or assigns. In |
---|
3958 | 3958 | | 14 the event that the address cannot be ascertained, notice |
---|
3959 | 3959 | | 15 shall be given by one (1) publication in the official |
---|
3960 | 3960 | | 16 newspaper of the municipality or special cemetery district |
---|
3961 | 3961 | | 17 in which the cemetery is located |
---|
3962 | 3962 | | 18. Said notice shall allow thirty |
---|
3963 | 3963 | | 19 (30) days for the owner, heirs, or assigns to advise the |
---|
3964 | 3964 | | 20 city or town or special cemetery district of his identity |
---|
3965 | 3965 | | 21 and address; and if he does so, the city or town or special |
---|
3966 | 3966 | | 22 cemetery district shall not declare the abandonment. Upon |
---|
3967 | 3967 | | 23 the failure of the owner, heirs, or assigns to so 2025STATE OF WYOMING25LSO-0590177HB0298 |
---|
3968 | 3968 | | 1 communicate with the city or town, it may by resolution |
---|
3969 | 3969 | | 2 declare such lots or parcels abandoned. Thereafter, it may |
---|
3970 | 3970 | | 3 resell such lots or parcels, but shall place in trust an |
---|
3971 | 3971 | | 4 amount of money equivalent to the original selling price of |
---|
3972 | 3972 | | 5 such lots or parcels for payment to the owner, heirs, or |
---|
3973 | 3973 | | 6 assigns. Said trust fund shall be placed in legal |
---|
3974 | 3974 | | 7 investments, and the interest received therefrom shall |
---|
3975 | 3975 | | 8 annually be deposited to the city's or town's general fund |
---|
3976 | 3976 | | 9 or the general fund of the special cemetery district. Money |
---|
3977 | 3977 | | 10 received from the resale of such lots and parcels and |
---|
3978 | 3978 | | 11 deposited in said trust fund may be withdrawn by the cities |
---|
3979 | 3979 | | 12 or towns or the special cemetery district and placed in |
---|
3980 | 3980 | | 13 their general fund if not claimed by the owner, heirs, or |
---|
3981 | 3981 | | 14 assigns within twenty-five (25) years after being so |
---|
3982 | 3982 | | 15 deposited. So long as such lots or parcels remain unsold, |
---|
3983 | 3983 | | 16 the owners, heirs, or assigns may reclaim them by |
---|
3984 | 3984 | | 17 identifying themselves and establishing their right to such |
---|
3985 | 3985 | | 18 lots or parcels. |
---|
3986 | 3986 | | 19 |
---|
3987 | 3987 | | 20 |
---|
3988 | 3988 | | 21 |
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3989 | 3989 | | 22 2025STATE OF WYOMING25LSO-0590178HB0298 |
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3990 | 3990 | | 1 If the proposal to issue said bonds shall be approved, the |
---|
3991 | 3991 | | 2 board of trustees may issue such bonds in such form as the |
---|
3992 | 3992 | | 3 board may direct and shall give notice by publication in |
---|
3993 | 3993 | | 4 some newspaper published in the counties in which said |
---|
3994 | 3994 | | 5 district is located and in some newspaper of general |
---|
3995 | 3995 | | 6 circulation in the capital of this state of its intention |
---|
3996 | 3996 | | 7 to issue and negotiate such bonds, |
---|
3997 | 3997 | | 8 and to invite bidders therefor; |
---|
3998 | 3998 | | 9 provided that in no case shall such bonds be sold for less |
---|
3999 | 3999 | | 10 than their full or par value and the accrued interest |
---|
4000 | 4000 | | 11 thereon at the time of their delivery. And the said |
---|
4001 | 4001 | | 12 trustees are authorized to reject any bids, and to sell |
---|
4002 | 4002 | | 13 said bonds at private sale, if they deem it for the best |
---|
4003 | 4003 | | 14 interests of the district. |
---|
4004 | 4004 | | 15 |
---|
4005 | 4005 | | 16 |
---|
4006 | 4006 | | 17 |
---|
4007 | 4007 | | 18 If the proposal to issue said bonds shall be approved, the |
---|
4008 | 4008 | | 19 board of directors must issue such bonds in such form as |
---|
4009 | 4009 | | 20 the board may direct and shall give notice by publication |
---|
4010 | 4010 | | 21 in some newspaper published in the counties in which said |
---|
4011 | 4011 | | 22 district is located and in some newspaper of general |
---|
4012 | 4012 | | 23 circulation in the capital of the state of its intention to 2025STATE OF WYOMING25LSO-0590179HB0298 |
---|
4013 | 4013 | | 1 issue and negotiate such bonds, |
---|
4014 | 4014 | | 2 and to invite bidders therefor; |
---|
4015 | 4015 | | 3 provided that in no case shall such bonds be sold for less |
---|
4016 | 4016 | | 4 than their full or par value and the accrued interest |
---|
4017 | 4017 | | 5 thereon at the time of their delivery. And the said |
---|
4018 | 4018 | | 6 trustees are authorized to reject any bids, and to sell |
---|
4019 | 4019 | | 7 said bonds at private sale, if they deem it for the best |
---|
4020 | 4020 | | 8 interests of the district. |
---|
4021 | 4021 | | 9 |
---|
4022 | 4022 | | 10 |
---|
4023 | 4023 | | 11 |
---|
4024 | 4024 | | 12 (f) The administrator of the water quality division |
---|
4025 | 4025 | | 13 of the department of environmental quality, after receiving |
---|
4026 | 4026 | | 14 public comment and after consultation with the state |
---|
4027 | 4027 | | 15 geologist, the Wyoming oil and gas conservation commission |
---|
4028 | 4028 | | 16 and the advisory board created under this act, shall |
---|
4029 | 4029 | | 17 recommend to the director rules, regulations and standards |
---|
4030 | 4030 | | 18 for: |
---|
4031 | 4031 | | 19 |
---|
4032 | 4032 | | 20 (ii) Requirements for the content of |
---|
4033 | 4033 | | 21 applications for geologic sequestration permits. Such |
---|
4034 | 4034 | | 22 applications shall include: |
---|
4035 | 4035 | | 23 2025STATE OF WYOMING25LSO-0590180HB02981 (N) Proof of notice to surface owners, |
---|
4036 | 4036 | | 2 mineral claimants, mineral owners, lessees and other owners |
---|
4037 | 4037 | | 3 of record of subsurface interests as to the contents of |
---|
4038 | 4038 | | 4 such notice. Notice requirements shall at a minimum |
---|
4039 | 4039 | | 5 require: |
---|
4040 | 4040 | | 6 |
---|
4041 | 4041 | | 7 (I) The publishing of notice of the |
---|
4042 | 4042 | | 8 application |
---|
4043 | 4043 | | 9 in a newspaper of general |
---|
4044 | 4044 | | 10 circulation in each county of the proposed operation at |
---|
4045 | 4045 | | 11 weekly intervals for four (4) consecutive weeks; |
---|
4046 | 4046 | | 12 |
---|
4047 | 4047 | | 13 |
---|
4048 | 4048 | | 14 |
---|
4049 | 4049 | | 15 |
---|
4050 | 4050 | | 16 (g) After the application is determined complete, the |
---|
4051 | 4051 | | 17 applicant shall publish a notice of the filing of the |
---|
4052 | 4052 | | 18 application |
---|
4053 | 4053 | | 19 once each week for two (2) |
---|
4054 | 4054 | | 20 consecutive weeks in a newspaper of general circulation in |
---|
4055 | 4055 | | 21 the locality of the proposed mining site. |
---|
4056 | 4056 | | 22 2025STATE OF WYOMING25LSO-0590181HB02981 (j) The applicant shall cause notice of the |
---|
4057 | 4057 | | 2 application to be published |
---|
4058 | 4058 | | 3 |
---|
4059 | 4059 | | 4 |
---|
4060 | 4060 | | 5 in a newspaper of general circulation in |
---|
4061 | 4061 | | 6 the locality of the proposed mining site once a week for |
---|
4062 | 4062 | | 7 four (4) consecutive weeks commencing within fifteen (15) |
---|
4063 | 4063 | | 8 days after being notified by the administrator. The notice |
---|
4064 | 4064 | | 9 shall contain information regarding the identity of the |
---|
4065 | 4065 | | 10 applicant, the location of the proposed operation, the |
---|
4066 | 4066 | | 11 proposed dates of commencement and completion of the |
---|
4067 | 4067 | | 12 operation, the proposed future use of the affected land, |
---|
4068 | 4068 | | 13 the location at which information about the application may |
---|
4069 | 4069 | | 14 be obtained, and the location and final date for filing |
---|
4070 | 4070 | | 15 objections to the application. For initial applications or |
---|
4071 | 4071 | | 16 additions of new lands the applicant shall also mail a copy |
---|
4072 | 4072 | | 17 of the notice within five (5) days after first publication |
---|
4073 | 4073 | | 18 to all surface owners of record of the land within the |
---|
4074 | 4074 | | 19 permit area, to surface owners of record of immediately |
---|
4075 | 4075 | | 20 adjacent lands, and to any surface owners within one-half |
---|
4076 | 4076 | | 21 (1/2) mile of the proposed mining site. The applicant shall |
---|
4077 | 4077 | | 22 mail a copy of the application mining plan map within five |
---|
4078 | 4078 | | 23 (5) days after first publication to the Wyoming oil and gas 2025STATE OF WYOMING25LSO-0590182HB0298 |
---|
4079 | 4079 | | 1 commission. Proof of notice and sworn statement of mailing |
---|
4080 | 4080 | | 2 shall be attached to and become part of the application. |
---|
4081 | 4081 | | 3 |
---|
4082 | 4082 | | 4 (p) The following objection procedure shall apply to |
---|
4083 | 4083 | | 5 applications for mining permits for coal: |
---|
4084 | 4084 | | 6 |
---|
4085 | 4085 | | 7 (ii) If an informal conference is requested by |
---|
4086 | 4086 | | 8 the applicant or objector, the director shall hold the |
---|
4087 | 4087 | | 9 informal conference in the locality of the proposed |
---|
4088 | 4088 | | 10 operation within thirty (30) days after the final date for |
---|
4089 | 4089 | | 11 filing objections under paragraph (i) of this subsection |
---|
4090 | 4090 | | 12 unless a different period is stipulated to by the parties. |
---|
4091 | 4091 | | 13 The director shall publish notice of the time, date and |
---|
4092 | 4092 | | 14 location of the informal conference in a newspaper of |
---|
4093 | 4093 | | 15 general circulation in the locality of the proposed |
---|
4094 | 4094 | | 16 operation at |
---|
4095 | 4095 | | 17 least two (2) weeks before the date of the informal |
---|
4096 | 4096 | | 18 conference; |
---|
4097 | 4097 | | 19 |
---|
4098 | 4098 | | 20 |
---|
4099 | 4099 | | 21 2025STATE OF WYOMING25LSO-0590183HB02981 (b) The operator, pursuant to an approved surface |
---|
4100 | 4100 | | 2 mining permit and mining plan and reclamation plan, or any |
---|
4101 | 4101 | | 3 approved revisions thereto, shall: |
---|
4102 | 4102 | | 4 |
---|
4103 | 4103 | | 5 (xi) For surface coal mining operations, insure |
---|
4104 | 4104 | | 6 that explosives are used only in accordance with existing |
---|
4105 | 4105 | | 7 state and federal law and the rules and regulations |
---|
4106 | 4106 | | 8 promulgated by the council, which shall include but are not |
---|
4107 | 4107 | | 9 limited to provisions to: |
---|
4108 | 4108 | | 10 |
---|
4109 | 4109 | | 11 (A) Provide adequate advance written notice |
---|
4110 | 4110 | | 12 to local governments and residents who might be affected by |
---|
4111 | 4111 | | 13 the use of these explosives by publication of the planned |
---|
4112 | 4112 | | 14 blasting schedule in a newspaper of general circulation in |
---|
4113 | 4113 | | 15 the locality |
---|
4114 | 4114 | | 16 and by mailing a copy of the proposed blasting schedule to |
---|
4115 | 4115 | | 17 every resident within one-half (1/2) mile of the proposed |
---|
4116 | 4116 | | 18 blasting site and by providing daily notice to the resident |
---|
4117 | 4117 | | 19 or occupiers in these areas prior to any blasting; |
---|
4118 | 4118 | | 20 |
---|
4119 | 4119 | | 21 |
---|
4120 | 4120 | | 22 |
---|
4121 | 4121 | | 23 2025STATE OF WYOMING25LSO-0590184HB02981 (g) After the application is determined complete, the |
---|
4122 | 4122 | | 2 applicant shall give written notice of the application to |
---|
4123 | 4123 | | 3 the county where the applicant plans to locate the facility |
---|
4124 | 4124 | | 4 and to any municipalities which may be affected by the |
---|
4125 | 4125 | | 5 facility. The applicant shall simultaneously cause to be |
---|
4126 | 4126 | | 6 published |
---|
4127 | 4127 | | 7 once a week for two (2) |
---|
4128 | 4128 | | 8 consecutive weeks in a newspaper of general circulation |
---|
4129 | 4129 | | 9 within the county where the applicant plans to locate the |
---|
4130 | 4130 | | 10 facility, notice of the proposed location, method and |
---|
4131 | 4131 | | 11 length of operation, and such other information as the |
---|
4132 | 4132 | | 12 council may require by rule and regulation. In addition, |
---|
4133 | 4133 | | 13 the council may by rule require an applicant for a proposed |
---|
4134 | 4134 | | 14 permit or for amendment to an existing permit to notify |
---|
4135 | 4135 | | 15 other affected persons of the application and any other |
---|
4136 | 4136 | | 16 information required by the council. |
---|
4137 | 4137 | | 17 |
---|
4138 | 4138 | | 18 (j) The applicant shall give written notice of the |
---|
4139 | 4139 | | 19 proposed permit to the governing board of any county where |
---|
4140 | 4140 | | 20 the applicant plans to locate the facility and to any |
---|
4141 | 4141 | | 21 governing board of municipalities which may be affected by |
---|
4142 | 4142 | | 22 the facility. The applicant shall simultaneously cause |
---|
4143 | 4143 | | 23 notice of the proposed permit to be published in a 2025STATE OF WYOMING25LSO-0590185HB0298 |
---|
4144 | 4144 | | 1 newspaper of general circulation within the county where |
---|
4145 | 4145 | | 2 the applicant plans to locate the facility |
---|
4146 | 4146 | | 3 |
---|
4147 | 4147 | | 4he notice shall be published |
---|
4148 | 4148 | | 5 once a week for two (2) consecutive weeks commencing within |
---|
4149 | 4149 | | 6 fifteen (15) days after being notified by the administrator |
---|
4150 | 4150 | | 7 that the application is suitable for publication. |
---|
4151 | 4151 | | 8 |
---|
4152 | 4152 | | 9 |
---|
4153 | 4153 | | 10 |
---|
4154 | 4154 | | 11 |
---|
4155 | 4155 | | 12 The notice shall contain |
---|
4156 | 4156 | | 13 information regarding the identity of the applicant, the |
---|
4157 | 4157 | | 14 location of the proposed operation, the method and length |
---|
4158 | 4158 | | 15 of the operation, the location at which information about |
---|
4159 | 4159 | | 16 the application may be obtained, and the location and final |
---|
4160 | 4160 | | 17 date for filing objections to the application. In |
---|
4161 | 4161 | | 18 addition, the council may by rule require an applicant for |
---|
4162 | 4162 | | 19 a proposed permit or for amendment of an existing permit to |
---|
4163 | 4163 | | 20 notify other affected persons as authorized under |
---|
4164 | 4164 | | 21 subsection (g) of this section. |
---|
4165 | 4165 | | 22 2025STATE OF WYOMING25LSO-0590186HB02981 (k) Any interested person has the right to file |
---|
4166 | 4166 | | 2 written objections to the proposed permit with the director |
---|
4167 | 4167 | | 3 within thirty (30) days after the last publication of the |
---|
4168 | 4168 | | 4 notice given pursuant to subsection (j) of this section. If |
---|
4169 | 4169 | | 5 substantial written objections are filed, a public hearing |
---|
4170 | 4170 | | 6 shall be held within twenty (20) days after the final date |
---|
4171 | 4171 | | 7 for filing objections unless a different period is deemed |
---|
4172 | 4172 | | 8 necessary by the council. The council or director shall |
---|
4173 | 4173 | | 9 publish notice of the time, date and location of the |
---|
4174 | 4174 | | 10 hearing in a newspaper of general circulation in the county |
---|
4175 | 4175 | | 11 where the applicant plans to locate the facility once a |
---|
4176 | 4176 | | 12 week for two (2) consecutive weeks immediately prior to the |
---|
4177 | 4177 | | 13 hearing |
---|
4178 | 4178 | | 14. |
---|
4179 | 4179 | | 15 The hearing shall be conducted as a contested case in |
---|
4180 | 4180 | | 16 accordance with the Wyoming Administrative Procedure Act, |
---|
4181 | 4181 | | 17 and right of judicial review shall be afforded as provided |
---|
4182 | 4182 | | 18 in that act. |
---|
4183 | 4183 | | 19 |
---|
4184 | 4184 | | 20 |
---|
4185 | 4185 | | 21 |
---|
4186 | 4186 | | 22 |
---|
4187 | 4187 | | 23 2025STATE OF WYOMING25LSO-0590187HB02981 (a) No construction shall commence of, nor shall any |
---|
4188 | 4188 | | 2 wastes be accepted or received at, any commercial solid |
---|
4189 | 4189 | | 3 waste management facility, or any commercial waste |
---|
4190 | 4190 | | 4 incineration or disposal facility subject to regulation |
---|
4191 | 4191 | | 5 under W.S. 35-12-102(a)(vii) unless the facility has been |
---|
4192 | 4192 | | 6 approved by resolution of the board of county commissioners |
---|
4193 | 4193 | | 7 of the county where the proposed facility is to be located. |
---|
4194 | 4194 | | 8 The county commissioners shall hold one (1) or more public |
---|
4195 | 4195 | | 9 hearings before making their decision. The county |
---|
4196 | 4196 | | 10 commissioners shall publish notice of each hearing in a |
---|
4197 | 4197 | | 11 newspaper of general circulation in the area of the |
---|
4198 | 4198 | | 12 proposed facility once each week for at least two (2) |
---|
4199 | 4199 | | 13 consecutive weeks prior to the hearing |
---|
4200 | 4200 | | 14 |
---|
4201 | 4201 | | 15. The board of county |
---|
4202 | 4202 | | 16 commissioners may authorize a proposed facility upon |
---|
4203 | 4203 | | 17 considering that the facility: |
---|
4204 | 4204 | | 18 |
---|
4205 | 4205 | | 19 |
---|
4206 | 4206 | | 20 |
---|
4207 | 4207 | | 21 |
---|
4208 | 4208 | | 22 (a) Any person who owns or is in control of any real |
---|
4209 | 4209 | | 23 or personal property, any plant, building, structure, 2025STATE OF WYOMING25LSO-0590188HB0298 |
---|
4210 | 4210 | | 1 process or equipment may apply to the administrator of the |
---|
4211 | 4211 | | 2 appropriate division for a variance from any rule, |
---|
4212 | 4212 | | 3 regulation, standard or permit promulgated under this act. |
---|
4213 | 4213 | | 4 A variance may be granted upon notice and hearing. |
---|
4214 | 4214 | | 5 |
---|
4215 | 4215 | | 6he administrator shall give public notice |
---|
4216 | 4216 | | 7 of the request for a variance in the county in which such |
---|
4217 | 4217 | | 8 real or personal property, plant, building, structure, |
---|
4218 | 4218 | | 9 process or equipment is in existence for which the variance |
---|
4219 | 4219 | | 10 is sought. The notice shall designate who has applied for |
---|
4220 | 4220 | | 11 the variance and the nature of the variance requested and |
---|
4221 | 4221 | | 12 the time and place of hearing and shall be published in a |
---|
4222 | 4222 | | 13 newspaper of general circulation in said county once a week |
---|
4223 | 4223 | | 14 for four (4) consecutive weeks prior to the date of the |
---|
4224 | 4224 | | 15 hearing |
---|
4225 | 4225 | | 16 |
---|
4226 | 4226 | | 17. The cost of publication shall be paid by the |
---|
4227 | 4227 | | 18 person applying for the variance. The administrator of the |
---|
4228 | 4228 | | 19 division shall promptly investigate the request, consider |
---|
4229 | 4229 | | 20 the views of the persons who may be affected by the grant |
---|
4230 | 4230 | | 21 of the variance, and all facts bearing on the request, and |
---|
4231 | 4231 | | 22 make a decision with the approval of the director within 2025STATE OF WYOMING25LSO-0590189HB0298 |
---|
4232 | 4232 | | 1 sixty (60) days from the date the hearing for a variance is |
---|
4233 | 4233 | | 2 held. |
---|
4234 | 4234 | | 3 |
---|
4235 | 4235 | | 4 |
---|
4236 | 4236 | | 5 |
---|
4237 | 4237 | | 6 (b) Prior to entry, notice shall be given by mail to |
---|
4238 | 4238 | | 7 the owners, if known, or if not known, by posting notice |
---|
4239 | 4239 | | 8 upon the premises and advertising once in a newspaper of |
---|
4240 | 4240 | | 9 general circulation in the locality of the land or for not |
---|
4241 | 4241 | | 10 |
---|
4242 | 4242 | | 11. |
---|
4243 | 4243 | | 12 |
---|
4244 | 4244 | | 13 |
---|
4245 | 4245 | | 14 |
---|
4246 | 4246 | | 15 (a) Following any determination by the department |
---|
4247 | 4247 | | 16 that a site is an eligible site, or following the |
---|
4248 | 4248 | | 17 submission of any application to modify an existing remedy |
---|
4249 | 4249 | | 18 agreement, the owner or operator shall give written notice |
---|
4250 | 4250 | | 19 to all surface owners of record of land which is contiguous |
---|
4251 | 4251 | | 20 to the site, and to all known adjacent surface owners of |
---|
4252 | 4252 | | 21 record of land, and shall publish notice once per week for |
---|
4253 | 4253 | | 22 four (4) consecutive weeks in a newspaper of general |
---|
4254 | 4254 | | 23 circulation in the county in which the site is located or 2025STATE OF WYOMING25LSO-0590190HB0298 |
---|
4255 | 4255 | | 1 |
---|
4256 | 4256 | | 2. The notice published in a newspaper |
---|
4257 | 4257 | | 3 shall be a |
---|
4258 | 4258 | | 4 display advertisement. The notice to individual landowners |
---|
4259 | 4259 | | 5 and the notice published in a newspaper |
---|
4260 | 4260 | | 6 shall identify the |
---|
4261 | 4261 | | 7 site, provide a summary of the criterion in W.S. 35-11-1602 |
---|
4262 | 4262 | | 8 which makes the site eligible for participation in the |
---|
4263 | 4263 | | 9 voluntary remediation program under this article, describe |
---|
4264 | 4264 | | 10 the process for the public to request the development of a |
---|
4265 | 4265 | | 11 public participation plan under subsection (b) of this |
---|
4266 | 4266 | | 12 section, and provide a thirty (30) day period for the |
---|
4267 | 4267 | | 13 public to request that a public participation plan be |
---|
4268 | 4268 | | 14 developed. |
---|
4269 | 4269 | | 15 |
---|
4270 | 4270 | | 16 (d) At a minimum for any eligible site regardless of |
---|
4271 | 4271 | | 17 whether a public participation plan has been required, |
---|
4272 | 4272 | | 18 prior to entering into a remedy agreement, the owner shall |
---|
4273 | 4273 | | 19 give written notice of the proposed remedy agreement to all |
---|
4274 | 4274 | | 20 surface owners of record of land adjacent to the site, and |
---|
4275 | 4275 | | 21 publish notice once per week for four (4) consecutive weeks |
---|
4276 | 4276 | | 22 in a newspaper of general circulation in the county in |
---|
4277 | 4277 | | 23 which the site is located 2025STATE OF WYOMING25LSO-0590191HB0298 |
---|
4278 | 4278 | | 1. The notice |
---|
4279 | 4279 | | 2 shall be of a form and content prescribed by the |
---|
4280 | 4280 | | 3 department, and shall summarize the proposed remedy |
---|
4281 | 4281 | | 4 agreement, provide a description of the site, provide for a |
---|
4282 | 4282 | | 5 thirty (30) day public comment period after the date of the |
---|
4283 | 4283 | | 6 last publication, and provide an opportunity for an oral |
---|
4284 | 4284 | | 7 hearing. An oral hearing on the proposed remedy agreement |
---|
4285 | 4285 | | 8 shall be held if the department finds sufficient interest. |
---|
4286 | 4286 | | 9 The department may enter into a remedy agreement following |
---|
4287 | 4287 | | 10 the public comment period or any hearing, whichever is |
---|
4288 | 4288 | | 11 later. |
---|
4289 | 4289 | | 12 |
---|
4290 | 4290 | | 13 |
---|
4291 | 4291 | | 14 |
---|
4292 | 4292 | | 15 |
---|
4293 | 4293 | | 16 |
---|
4294 | 4294 | | 17 (d) Upon submission of a petition for long term use |
---|
4295 | 4295 | | 18 restrictions, the governmental entity to whom the use area |
---|
4296 | 4296 | | 19 designation petition has been submitted shall cause the |
---|
4297 | 4297 | | 20 owner to give written notice of the petition to all surface |
---|
4298 | 4298 | | 21 owners of record of land contiguous to the site, and to |
---|
4299 | 4299 | | 22 publish notice of the petition and a public hearing once |
---|
4300 | 4300 | | 23 per week for four (4) consecutive weeks in a newspaper of 2025STATE OF WYOMING25LSO-0590192HB0298 |
---|
4301 | 4301 | | 1 general circulation in the county in which the site is |
---|
4302 | 4302 | | 2 located |
---|
4303 | 4303 | | 3. The notice shall |
---|
4304 | 4304 | | 4 identify the property, generally describe the petition and |
---|
4305 | 4305 | | 5 proposed use restrictions, direct that comments may be |
---|
4306 | 4306 | | 6 submitted to the governmental entity or entities to whom |
---|
4307 | 4307 | | 7 the petition has been submitted, and provide the date, time |
---|
4308 | 4308 | | 8 and place of a public hearing. The public hearing shall be |
---|
4309 | 4309 | | 9 held no sooner than thirty (30) days after the first |
---|
4310 | 4310 | | 10 publication of the notice. After the public hearing has |
---|
4311 | 4311 | | 11 been held, the governing board, commission or council shall |
---|
4312 | 4312 | | 12 vote upon the creation of the use control area in |
---|
4313 | 4313 | | 13 accordance with applicable rules, regulations and |
---|
4314 | 4314 | | 14 procedures. No use control area shall be created except |
---|
4315 | 4315 | | 15 upon petition of the owner and a majority vote of the |
---|
4316 | 4316 | | 16 appropriate board, commission or council. |
---|
4317 | 4317 | | 17 |
---|
4318 | 4318 | | 18 |
---|
4319 | 4319 | | 19 |
---|
4320 | 4320 | | 20 |
---|
4321 | 4321 | | 21 (c) Within five (5) days after completion of the |
---|
4322 | 4322 | | 22 review, the state engineer shall render a preliminary |
---|
4323 | 4323 | | 23 opinion as to the quantity of water available for the 2025STATE OF WYOMING25LSO-0590193HB0298 |
---|
4324 | 4324 | | 1 proposed facility. The preliminary opinion, or a reasonable |
---|
4325 | 4325 | | 2 summary, shall be published for three (3) consecutive weeks |
---|
4326 | 4326 | | 3 in a newspaper of general circulation in the county in |
---|
4327 | 4327 | | 4 which the proposed facility is to be located |
---|
4328 | 4328 | | 5 |
---|
4329 | 4329 | | 6. The expense of the publication shall be borne by |
---|
4330 | 4330 | | 7 the applicant. |
---|
4331 | 4331 | | 8 |
---|
4332 | 4332 | | 9 |
---|
4333 | 4333 | | 10 |
---|
4334 | 4334 | | 11 |
---|
4335 | 4335 | | 12 (a) If required by W.S. 35-24-107, the director shall |
---|
4336 | 4336 | | 13 order a contested case hearing. The director shall publish |
---|
4337 | 4337 | | 14 notice of the time, date and location of the hearing in a |
---|
4338 | 4338 | | 15 newspaper of general circulation |
---|
4339 | 4339 | | 16 at least a week prior to the |
---|
4340 | 4340 | | 17 hearing. |
---|
4341 | 4341 | | 18 |
---|
4342 | 4342 | | 19 |
---|
4343 | 4343 | | 20 |
---|
4344 | 4344 | | 21 Before any selection of lands granted to the state is made, |
---|
4345 | 4345 | | 22 it shall be the duty of the director to publish in at least |
---|
4346 | 4346 | | 23 one (1) newspaper of general circulation in each county in 2025STATE OF WYOMING25LSO-0590194HB0298 |
---|
4347 | 4347 | | 1 the state a |
---|
4348 | 4348 | | 2 notice giving the area of the said lands so to be selected, |
---|
4349 | 4349 | | 3 and the time on or about when the director will receive |
---|
4350 | 4350 | | 4 applications for and begin the selection of said lands, and |
---|
4351 | 4351 | | 5 before any lands so selected shall be leased, sold or |
---|
4352 | 4352 | | 6 otherwise disposed of, a description of such lands together |
---|
4353 | 4353 | | 7 with the name of the person for whom selected, shall be |
---|
4354 | 4354 | | 8 published at least once in a newspaper of general |
---|
4355 | 4355 | | 9 circulation in each county wherein said lands are located, |
---|
4356 | 4356 | | 10 and such |
---|
4357 | 4357 | | 11 lands shall thereafter be sold, leased or otherwise |
---|
4358 | 4358 | | 12 disposed of in the same manner and under the same |
---|
4359 | 4359 | | 13 restrictions as provided by law for the disposition of |
---|
4360 | 4360 | | 14 other state lands. |
---|
4361 | 4361 | | 15 |
---|
4362 | 4362 | | 16 |
---|
4363 | 4363 | | 17 |
---|
4364 | 4364 | | 18 |
---|
4365 | 4365 | | 19 |
---|
4366 | 4366 | | 20 (d) The board shall promulgate rules and regulations |
---|
4367 | 4367 | | 21 implementing policies, procedures and standards for the |
---|
4368 | 4368 | | 22 long-term leasing of state lands for industrial, commercial |
---|
4369 | 4369 | | 23 and recreational purposes under the provisions of W.S. 2025STATE OF WYOMING25LSO-0590195HB0298 |
---|
4370 | 4370 | | 1 36-5-114 through 36-5-117, including provisions requiring |
---|
4371 | 4371 | | 2 compliance with all applicable land use planning and zoning |
---|
4372 | 4372 | | 3 laws and permitting the board to terminate a lease for good |
---|
4373 | 4373 | | 4 cause shown. When the office of state lands and investments |
---|
4374 | 4374 | | 5 initiates a request for a proposed leasing of state lands, |
---|
4375 | 4375 | | 6 the office shall require not less than thirty (30) days |
---|
4376 | 4376 | | 7 notice be provided: |
---|
4377 | 4377 | | 8 |
---|
4378 | 4378 | | 9 (ii) In a newspaper of general circulation in |
---|
4379 | 4379 | | 10 the county or counties where the state lands are to be |
---|
4380 | 4380 | | 11 leased or on the centralized electronic notice system; and |
---|
4381 | 4381 | | 12 |
---|
4382 | 4382 | | 13 |
---|
4383 | 4383 | | 14 |
---|
4384 | 4384 | | 15 |
---|
4385 | 4385 | | 16 Upon the failure of any parties, having contracts with the |
---|
4386 | 4386 | | 17 state for the construction of irrigation works, to begin |
---|
4387 | 4387 | | 18 the same within the time specified by the contract, or to |
---|
4388 | 4388 | | 19 complete the same within the time or in accordance with the |
---|
4389 | 4389 | | 20 specifications of the contract with the state, it shall be |
---|
4390 | 4390 | | 21 the duty of the director to give such parties written |
---|
4391 | 4391 | | 22 notice of such failure, and if, after a period of sixty |
---|
4392 | 4392 | | 23 (60) days from the sending of such notice, they shall have 2025STATE OF WYOMING25LSO-0590196HB0298 |
---|
4393 | 4393 | | 1 failed to proceed with the work, or to conform to the |
---|
4394 | 4394 | | 2 specifications of their contract with the state, unless |
---|
4395 | 4395 | | 3 said parties shall show to the satisfaction of the board |
---|
4396 | 4396 | | 4 good and sufficient reason for such delay and failure to |
---|
4397 | 4397 | | 5 complete said works or conform to said specifications and |
---|
4398 | 4398 | | 6 demonstrate to the satisfaction of said board their |
---|
4399 | 4399 | | 7 financial ability and intentions to proceed with said work |
---|
4400 | 4400 | | 8 in good faith, the bond and contract of such parties and |
---|
4401 | 4401 | | 9 all work constructed thereunder shall be at once and |
---|
4402 | 4402 | | 10 thereby forfeited to the state, and it shall be the duty of |
---|
4403 | 4403 | | 11 the board at once so to declare and to give notice once |
---|
4404 | 4404 | | 12 each week, for a period of four (4) weeks, in some |
---|
4405 | 4405 | | 13 newspaper of general circulation in the county in which the |
---|
4406 | 4406 | | 14 work is situated, and in one (1) newspaper at the state |
---|
4407 | 4407 | | 15 capital, in like manner and for a like period, of the |
---|
4408 | 4408 | | 16 forfeiture of said contract, |
---|
4409 | 4409 | | 17 and that |
---|
4410 | 4410 | | 18 upon a day fixed, proposals will be received at the office |
---|
4411 | 4411 | | 19 of state lands and investments in the capitol at Cheyenne, |
---|
4412 | 4412 | | 20 for the purchase of the incompleted works and for the |
---|
4413 | 4413 | | 21 completion of said contract; the time for receiving said |
---|
4414 | 4414 | | 22 bids to be at least sixty (60) days subsequent to the |
---|
4415 | 4415 | | 23 issuing of the last notice of forfeiture. The money 2025STATE OF WYOMING25LSO-0590197HB0298 |
---|
4416 | 4416 | | 1 received from the sale of partially completed works under |
---|
4417 | 4417 | | 2 the provisions of W.S. 36-7-321, shall first be applied to |
---|
4418 | 4418 | | 3 the expenses incurred by the state in their forfeiture and |
---|
4419 | 4419 | | 4 disposal; secondly, to satisfying the bond; and the |
---|
4420 | 4420 | | 5 surplus, if any exists, shall be paid to the original |
---|
4421 | 4421 | | 6 contractors with the state; provided, however, that the |
---|
4422 | 4422 | | 7 board may, in its discretion, accept from any parties |
---|
4423 | 4423 | | 8 unable for any reason to fulfill the terms of their |
---|
4424 | 4424 | | 9 contract with the state, the full release, relinquishment |
---|
4425 | 4425 | | 10 and surrender of any rights acquired from the state under |
---|
4426 | 4426 | | 11 and by virtue of said contract, and may thereupon abrogate |
---|
4427 | 4427 | | 12 the same and release said parties from the conditions of |
---|
4428 | 4428 | | 13 the said contract and bond, and may proceed in its |
---|
4429 | 4429 | | 14 discretion to enter into a new contract with other parties, |
---|
4430 | 4430 | | 15 if such there be, for the completion of the works so |
---|
4431 | 4431 | | 16 surrendered. |
---|
4432 | 4432 | | 17 |
---|
4433 | 4433 | | 18 |
---|
4434 | 4434 | | 19 |
---|
4435 | 4435 | | 20 Upon receipt of notice by the contracting company that |
---|
4436 | 4436 | | 21 water for beneficial irrigation can be furnished for all or |
---|
4437 | 4437 | | 22 any part of the lands in any segregation list at stated |
---|
4438 | 4438 | | 23 time, it being shown to the satisfaction of the board that 2025STATE OF WYOMING25LSO-0590198HB0298 |
---|
4439 | 4439 | | 1 the contracting company will be able to deliver water at |
---|
4440 | 4440 | | 2 the said time, it shall be the duty of the board, by |
---|
4441 | 4441 | | 3 publication, at the expense of the contracting company, in |
---|
4442 | 4442 | | 4 one (1) newspaper in the county in which said lands are |
---|
4443 | 4443 | | 5 situated and such other newspaper or newspapers as may be |
---|
4444 | 4444 | | 6 designated by the contracting company, |
---|
4445 | 4445 | | 7 to give notice that |
---|
4446 | 4446 | | 8 certain lands, generally described, are open for |
---|
4447 | 4447 | | 9 settlement; that the land will be sold at fifty cents |
---|
4448 | 4448 | | 10 ($.50) per acre by the state and that proportionate |
---|
4449 | 4449 | | 11 interests in the irrigation system for a perpetual water |
---|
4450 | 4450 | | 12 supply can be purchased at the price named and water for |
---|
4451 | 4451 | | 13 beneficial irrigation can be furnished on the date named, |
---|
4452 | 4452 | | 14 and such other information as the board shall deem |
---|
4453 | 4453 | | 15 advisable. |
---|
4454 | 4454 | | 16 |
---|
4455 | 4455 | | 17 |
---|
4456 | 4456 | | 18 |
---|
4457 | 4457 | | 19 |
---|
4458 | 4458 | | 20 All sales shall be advertised |
---|
4459 | 4459 | | 21 in a |
---|
4460 | 4460 | | 22 newspaper of general circulation, published in the county |
---|
4461 | 4461 | | 23 where said land and water right is situate for six (6) 2025STATE OF WYOMING25LSO-0590199HB0298 |
---|
4462 | 4462 | | 1 consecutive weeks, and shall be sold to the highest bidder |
---|
4463 | 4463 | | 2 at the front door of the courthouse of the county, or such |
---|
4464 | 4464 | | 3 place as may be agreed upon by the terms of the aforesaid |
---|
4465 | 4465 | | 4 contract. And the sheriff of said county shall in all such |
---|
4466 | 4466 | | 5 cases give all notices of sale and shall sell all such land |
---|
4467 | 4467 | | 6 and water rights and shall make and execute a certificate |
---|
4468 | 4468 | | 7 of sale to the purchaser thereof, and at such sale no |
---|
4469 | 4469 | | 8 person, company of persons, association or incorporated |
---|
4470 | 4470 | | 9 company, owning and holding any lien shall bid in or |
---|
4471 | 4471 | | 10 purchase any land or water right at a greater price than |
---|
4472 | 4472 | | 11 the amount due on said deferred payment for said water |
---|
4473 | 4473 | | 12 right and land, and the costs incurred in making the sale |
---|
4474 | 4474 | | 13 of said land and water right. |
---|
4475 | 4475 | | 14 |
---|
4476 | 4476 | | 15 |
---|
4477 | 4477 | | 16 |
---|
4478 | 4478 | | 17 All sales of state lands under this act shall be advertised |
---|
4479 | 4479 | | 18 for four (4) consecutive weeks |
---|
4480 | 4480 | | 19 in some newspaper in the county |
---|
4481 | 4481 | | 20 in which such land is situated, if there be such paper; if |
---|
4482 | 4482 | | 21 not, then in some paper published in an adjoining county. |
---|
4483 | 4483 | | 22 Advertisements of such sales may be made in other papers, |
---|
4484 | 4484 | | 23 as the board may direct. The advertisement shall state the 2025STATE OF WYOMING25LSO-0590200HB0298 |
---|
4485 | 4485 | | 1 time, place, description of land, and terms of sale, and |
---|
4486 | 4486 | | 2 the price at which the land was appraised by the board for |
---|
4487 | 4487 | | 3 each parcel. |
---|
4488 | 4488 | | 4 |
---|
4489 | 4489 | | 5 |
---|
4490 | 4490 | | 6 |
---|
4491 | 4491 | | 7 |
---|
4492 | 4492 | | 8 (e) Where a certificate for the construction and |
---|
4493 | 4493 | | 9 operation of a high voltage electric transmission line of |
---|
4494 | 4494 | | 10 230 KV or greater is required, the public service |
---|
4495 | 4495 | | 11 commission shall publish notice of application in a |
---|
4496 | 4496 | | 12 newspaper of general circulation in each county where the |
---|
4497 | 4497 | | 13 line will be constructed |
---|
4498 | 4498 | | 14. The public service commission shall give |
---|
4499 | 4499 | | 15 actual notice of hearing on the application by registered |
---|
4500 | 4500 | | 16 mail at the applicant's expense to each landowner who may |
---|
4501 | 4501 | | 17 be affected. The notice of hearing shall be given at least |
---|
4502 | 4502 | | 18 thirty (30) days before the hearing is held and shall |
---|
4503 | 4503 | | 19 contain a summary of the pertinent facts about the |
---|
4504 | 4504 | | 20 application. |
---|
4505 | 4505 | | 21 |
---|
4506 | 4506 | | 22 |
---|
4507 | 4507 | | 23 2025STATE OF WYOMING25LSO-0590201HB02981 (g) Prior to exercising any rights or powers granted |
---|
4508 | 4508 | | 2 to it in this section except for activities related to the |
---|
4509 | 4509 | | 3 administration of pipeline capacity contracted with an |
---|
4510 | 4510 | | 4 entity operating under the jurisdiction of the federal |
---|
4511 | 4511 | | 5 energy regulatory commission or a successor agency, the |
---|
4512 | 4512 | | 6 authority shall publish in a newspaper of general |
---|
4513 | 4513 | | 7 circulation in Wyoming, and in a newspaper in the area |
---|
4514 | 4514 | | 8 where the authority contemplates providing facilities or |
---|
4515 | 4515 | | 9 services, |
---|
4516 | 4516 | | 10 in the manner prescribed by law, a notice describing the |
---|
4517 | 4517 | | 11 acts, facilities or services contemplated by the authority. |
---|
4518 | 4518 | | 12 Private persons, firms or corporations wishing to perform |
---|
4519 | 4519 | | 13 the acts, construct the facilities or provide the services |
---|
4520 | 4520 | | 14 described in the notice shall have ninety (90) days from |
---|
4521 | 4521 | | 15 the date of last publication of the notice within which to |
---|
4522 | 4522 | | 16 notify the authority of their intention to perform the |
---|
4523 | 4523 | | 17 acts, construct the facilities or provide the services |
---|
4524 | 4524 | | 18 described in the notice. A person or entity giving notice |
---|
4525 | 4525 | | 19 to the authority shall include an anticipated timeline for |
---|
4526 | 4526 | | 20 completion of the acts, construction or services. In the |
---|
4527 | 4527 | | 21 absence of notification by a private person, firm or |
---|
4528 | 4528 | | 22 corporation, or if a person, firm or corporation, having |
---|
4529 | 4529 | | 23 given notice of intention to perform the acts, construct 2025STATE OF WYOMING25LSO-0590202HB0298 |
---|
4530 | 4530 | | 1 the facilities or provide the services contemplated by the |
---|
4531 | 4531 | | 2 authority, fails to commence the same within one hundred |
---|
4532 | 4532 | | 3 eighty (180) days from the date of last publication, the |
---|
4533 | 4533 | | 4 authority may proceed to perform the acts, construct the |
---|
4534 | 4534 | | 5 facilities or provide the services for which notice was |
---|
4535 | 4535 | | 6 given. A private person, firm or corporation that has made |
---|
4536 | 4536 | | 7 necessary applications to acquire any federal, state, local |
---|
4537 | 4537 | | 8 or private permits, certificates or other authorizations |
---|
4538 | 4538 | | 9 necessary to perform the acts, construct the facilities or |
---|
4539 | 4539 | | 10 provide the services included in the authority's notice |
---|
4540 | 4540 | | 11 within the time required is deemed to have commenced the |
---|
4541 | 4541 | | 12 same. When a private person, firm or corporation has given |
---|
4542 | 4542 | | 13 notice of intent to perform or is performing the acts, |
---|
4543 | 4543 | | 14 constructing the facilities or providing the services that |
---|
4544 | 4544 | | 15 the authority contemplated, the authority may conduct |
---|
4545 | 4545 | | 16 hearings or meetings with the person, firm or corporation |
---|
4546 | 4546 | | 17 to assess progress toward completion of the intended acts |
---|
4547 | 4547 | | 18 to be performed, the facilities to be constructed or the |
---|
4548 | 4548 | | 19 services to be provided. If it appears to the authority |
---|
4549 | 4549 | | 20 that progress or completion of any or all of the intended |
---|
4550 | 4550 | | 21 acts may be delayed for one (1) year or more, the authority |
---|
4551 | 4551 | | 22 may proceed to perform the acts, construct the facilities |
---|
4552 | 4552 | | 23 or provide the services originally contemplated. 2025STATE OF WYOMING25LSO-0590203HB0298 |
---|
4553 | 4553 | | 1 |
---|
4554 | 4554 | | 2 |
---|
4555 | 4555 | | 3 |
---|
4556 | 4556 | | 4 (h) Any resolution of the authority authorizing the |
---|
4557 | 4557 | | 5 issuance of bonds shall be published once in a newspaper of |
---|
4558 | 4558 | | 6 general circulation published in Wyoming, and in a |
---|
4559 | 4559 | | 7 newspaper in the area where the facility or services are |
---|
4560 | 4560 | | 8 contemplated, or for not less than one (1) day on the |
---|
4561 | 4561 | | 9. For a period of |
---|
4562 | 4562 | | 10 thirty (30) days from the date of the publication any |
---|
4563 | 4563 | | 11 person in interest may contest the legality of the |
---|
4564 | 4564 | | 12 resolution and of the bonds to be issued under the |
---|
4565 | 4565 | | 13 resolution and the provisions securing the bonds, including |
---|
4566 | 4566 | | 14 the validity of any lease or other contract pledged to the |
---|
4567 | 4567 | | 15 payment thereof. After the expiration of thirty (30) days |
---|
4568 | 4568 | | 16 from the date of the publication no one shall have any |
---|
4569 | 4569 | | 17 right of action to contest the validity of the bonds, the |
---|
4570 | 4570 | | 18 validity of the security pledged to the payment thereof or |
---|
4571 | 4571 | | 19 the provisions of the resolution under which the bonds were |
---|
4572 | 4572 | | 20 issued, and all the bonds and all related proceedings shall |
---|
4573 | 4573 | | 21 be conclusively presumed to be legal. |
---|
4574 | 4574 | | 22 2025STATE OF WYOMING25LSO-0590204HB02981 |
---|
4575 | 4575 | | 2 |
---|
4576 | 4576 | | 3 |
---|
4577 | 4577 | | 4 Upon the filing of said report, the court or judge thereof |
---|
4578 | 4578 | | 5 shall make and enter an order fixing the time and place |
---|
4579 | 4579 | | 6 when and where all persons interested may appear and |
---|
4580 | 4580 | | 7 remonstrate against the confirmation thereof, and the clerk |
---|
4581 | 4581 | | 8 of said court shall cause notice of the time and place of |
---|
4582 | 4582 | | 9 such hearing to be given to all parties interested which |
---|
4583 | 4583 | | 10 notice shall contain a brief description of the lands |
---|
4584 | 4584 | | 11 benefited and damaged, together with the net damage awarded |
---|
4585 | 4585 | | 12 the several tracts, parcels, easements and corporations to |
---|
4586 | 4586 | | 13 which damages are awarded, and the sum in each case |
---|
4587 | 4587 | | 14 assessed for benefits, and cost of construction against |
---|
4588 | 4588 | | 15 said several benefited parcels, tracts, easements and |
---|
4589 | 4589 | | 16 corporations, and the benefits apportioned to each parcel, |
---|
4590 | 4590 | | 17 tract, easement or corporation in the district. Said notice |
---|
4591 | 4591 | | 18 shall be published at least three (3) successive weeks, |
---|
4592 | 4592 | | 19 prior to the day set for the hearing in one newspaper |
---|
4593 | 4593 | | 20 published in each county in which said lands, or any part |
---|
4594 | 4594 | | 21 thereof within said district are situate (and if no |
---|
4595 | 4595 | | 22 newspaper is published in said county, in some newspaper in |
---|
4596 | 4596 | | 23 an adjoining county), 2025STATE OF WYOMING25LSO-0590205HB0298 |
---|
4597 | 4597 | | 1 and by serving a |
---|
4598 | 4598 | | 2 copy of such notice on each of the persons, or |
---|
4599 | 4599 | | 3 corporations, by said report recommended, to be assessed, |
---|
4600 | 4600 | | 4 or whose lands are by said report recommended to be |
---|
4601 | 4601 | | 5 included in said district and who resides in any of the |
---|
4602 | 4602 | | 6 counties in which any lands of the proposed district are |
---|
4603 | 4603 | | 7 situated, at least twelve (12) days before the day of |
---|
4604 | 4604 | | 8 hearing in the same manner that a summons is required to be |
---|
4605 | 4605 | | 9 served; provided, absence from the county of such person or |
---|
4606 | 4606 | | 10 corporation shall excuse personal service, whereupon due |
---|
4607 | 4607 | | 11 publication of such notice shall be sufficient service. |
---|
4608 | 4608 | | 12 |
---|
4609 | 4609 | | 13 |
---|
4610 | 4610 | | 14 |
---|
4611 | 4611 | | 15 |
---|
4612 | 4612 | | 16 |
---|
4613 | 4613 | | 17 In all cases where the work to be done at any one time |
---|
4614 | 4614 | | 18 under the directions of the commissioners will, in their |
---|
4615 | 4615 | | 19 opinion, cost to exceed twenty-five hundred dollars |
---|
4616 | 4616 | | 20 ($2,500.00), the same shall be let to the lowest |
---|
4617 | 4617 | | 21 responsible bidder, and the commissioners shall advertise |
---|
4618 | 4618 | | 22 for sealed bids, by notice published in some newspaper |
---|
4619 | 4619 | | 23 published in the county in which the petition is filed, and 2025STATE OF WYOMING25LSO-0590206HB0298 |
---|
4620 | 4620 | | 1 may advertise in one (1) or more newspapers published |
---|
4621 | 4621 | | 2 elsewhere, or by notice published on the centralized |
---|
4622 | 4622 | | 3. If |
---|
4623 | 4623 | | 4 there no |
---|
4624 | 4624 | | 5 newspaper published in the county in which the petition is |
---|
4625 | 4625 | | 6 filed, they shall advertise in some newspaper published in |
---|
4626 | 4626 | | 7 an adjoining county, which said notice shall particularly |
---|
4627 | 4627 | | 8 set forth the time and place when and where the bids |
---|
4628 | 4628 | | 9 advertised will be opened, the kind of work to be let and |
---|
4629 | 4629 | | 10 the terms of payment. Said commissioners may continue the |
---|
4630 | 4630 | | 11 letting from time to time, if in their judgment the same |
---|
4631 | 4631 | | 12 shall be necessary, and shall reserve the right to reject |
---|
4632 | 4632 | | 13 any and all bids. This section shall not be construed to |
---|
4633 | 4633 | | 14 apply to the employment of superintendent, engineer, |
---|
4634 | 4634 | | 15 attorney or other employee engaged in the general work of |
---|
4635 | 4635 | | 16 the district. |
---|
4636 | 4636 | | 17 |
---|
4637 | 4637 | | 18 |
---|
4638 | 4638 | | 19 |
---|
4639 | 4639 | | 20 |
---|
4640 | 4640 | | 21 Notice of a public hearing on the proposed assessment |
---|
4641 | 4641 | | 22 resolution shall be given. At least twenty (20) days before |
---|
4642 | 4642 | | 23 the date fixed for the hearing, the notice shall be 2025STATE OF WYOMING25LSO-0590207HB0298 |
---|
4643 | 4643 | | 1 published one (1) time in a newspaper in which the first |
---|
4644 | 4644 | | 2 notice of hearing was published |
---|
4645 | 4645 | | 3. Notice |
---|
4646 | 4646 | | 4 shall also be mailed to each owner of real property whose |
---|
4647 | 4647 | | 5 property will be assessed for part of the cost of the |
---|
4648 | 4648 | | 6 improvement at the last known address of the owner as shown |
---|
4649 | 4649 | | 7 on the last completed real property assessment rolls of the |
---|
4650 | 4650 | | 8 county wherein the affected property is located. In |
---|
4651 | 4651 | | 9 addition, a copy of the notice shall be addressed and |
---|
4652 | 4652 | | 10 mailed to "owner" at the street number of each piece of |
---|
4653 | 4653 | | 11 property affected by the assessment. Each notice shall |
---|
4654 | 4654 | | 12 state that at the specified time and place the governing |
---|
4655 | 4655 | | 13 body will hold a hearing upon the proposed assessments and |
---|
4656 | 4656 | | 14 that the owner of any property to be assessed pursuant to |
---|
4657 | 4657 | | 15 the resolution will be heard on the question of whether his |
---|
4658 | 4658 | | 16 property will be benefited by the proposed improvement to |
---|
4659 | 4659 | | 17 the amount of the proposed assessment against his property |
---|
4660 | 4660 | | 18 and whether the amount assessed against his property |
---|
4661 | 4661 | | 19 constitutes more than his proper proportional share of the |
---|
4662 | 4662 | | 20 total cost of the improvement. The notice shall further |
---|
4663 | 4663 | | 21 state that the owner or owners of any property assessed |
---|
4664 | 4664 | | 22 must file a written objection pursuant to section 37-303 [§ |
---|
4665 | 4665 | | 23 37-13-131] of the statutes if the owner or owners wish to 2025STATE OF WYOMING25LSO-0590208HB0298 |
---|
4666 | 4666 | | 1 do the trenching and backfilling on their own property |
---|
4667 | 4667 | | 2 outside of utility easements and thereby not be obligated |
---|
4668 | 4668 | | 3 to pay the public utility therefor, if such is permitted by |
---|
4669 | 4669 | | 4 the district and public utility tariff. The notice shall |
---|
4670 | 4670 | | 5 further state where a copy of the proposed resolution |
---|
4671 | 4671 | | 6 levying the assessments against all real property in the |
---|
4672 | 4672 | | 7 district is on file for public inspection, and that subject |
---|
4673 | 4673 | | 8 to such changes and corrections as may be made by the |
---|
4674 | 4674 | | 9 governing body, it is proposed to adopt the resolution at |
---|
4675 | 4675 | | 10 the conclusion of the hearing. The published notice shall |
---|
4676 | 4676 | | 11 describe the boundaries or area of the district with |
---|
4677 | 4677 | | 12 sufficient particularity to permit each owner of real |
---|
4678 | 4678 | | 13 property therein to ascertain that his property lies in the |
---|
4679 | 4679 | | 14 district. The mailed notice may refer to the district by |
---|
4680 | 4680 | | 15 name and date of creation and shall state the amount of the |
---|
4681 | 4681 | | 16 assessment proposed to be levied against the real property |
---|
4682 | 4682 | | 17 of the person to whom the notice is mailed. In the absence |
---|
4683 | 4683 | | 18 of fraud, the failure to mail any notice does not |
---|
4684 | 4684 | | 19 invalidate any assessment or any proceeding under this |
---|
4685 | 4685 | | 20 chapter. |
---|
4686 | 4686 | | 21 |
---|
4687 | 4687 | | 22 |
---|
4688 | 4688 | | 23 2025STATE OF WYOMING25LSO-0590209HB02981 (b) Any sale shall be conducted only after notice has |
---|
4689 | 4689 | | 2 been given, describing the property and stating that the |
---|
4690 | 4690 | | 3 treasurer will on the day specified sell the property at |
---|
4691 | 4691 | | 4 the front door of the building in which the governing body |
---|
4692 | 4692 | | 5 holds its sessions, between the hours of 10:00 a.m. and |
---|
4693 | 4693 | | 6 4:00 p.m. The notice shall be published at least five (5) |
---|
4694 | 4694 | | 7 times in a daily newspaper published within the district, |
---|
4695 | 4695 | | 8 or if there is none, at least twice in a newspaper of |
---|
4696 | 4696 | | 9 general circulation in the district, or for not less than |
---|
4697 | 4697 | | 10. |
---|
4698 | 4698 | | 11 The sale cannot be less than fifteen (15) days after the |
---|
4699 | 4699 | | 12 date of the last publication of the notice. |
---|
4700 | 4700 | | 13 |
---|
4701 | 4701 | | 14 |
---|
4702 | 4702 | | 15 |
---|
4703 | 4703 | | 16 |
---|
4704 | 4704 | | 17 |
---|
4705 | 4705 | | 18 No special assessment shall be declared void or set aside |
---|
4706 | 4706 | | 19 in consequence of any error or irregularity permitted or |
---|
4707 | 4707 | | 20 appearing in any of the proceedings under this chapter, but |
---|
4708 | 4708 | | 21 any party feeling aggrieved by any special assessment or |
---|
4709 | 4709 | | 22 proceeding may bring a civil action to adjudicate the |
---|
4710 | 4710 | | 23 grievance if the action is commenced prior to the 2025STATE OF WYOMING25LSO-0590210HB0298 |
---|
4711 | 4711 | | 1 expiration of thirty (30) days after adoption of the |
---|
4712 | 4712 | | 2 assessment ordinance. Every person whose property is |
---|
4713 | 4713 | | 3 subject to the special assessment and who fails to appear |
---|
4714 | 4714 | | 4 during the public hearings on assessments to raise his |
---|
4715 | 4715 | | 5 objection to the tax shall be deemed to have waived all |
---|
4716 | 4716 | | 6 objection to the assessment except the objection that the |
---|
4717 | 4717 | | 7 governing body lacks jurisdiction to levy the tax, which |
---|
4718 | 4718 | | 8 objection must be raised within thirty (30) days after |
---|
4719 | 4719 | | 9 adoption of the assessment ordinance. Whenever any |
---|
4720 | 4720 | | 10 enactment authorizing the issuance of any bonds pursuant to |
---|
4721 | 4721 | | 11 the improvement contemplated is adopted, the resolution |
---|
4722 | 4722 | | 12 shall be published once in a newspaper in which the |
---|
4723 | 4723 | | 13 original notice of hearing was published |
---|
4724 | 4724 | | 14. For twenty (20) days |
---|
4725 | 4725 | | 15 thereafter, any person whose property has been assessed and |
---|
4726 | 4726 | | 16 any taxpayer in the district may institute litigation for |
---|
4727 | 4727 | | 17 the purpose of questioning or attacking the legality of |
---|
4728 | 4728 | | 18 such bonds. After the expiration of twenty (20) days, all |
---|
4729 | 4729 | | 19 proceedings by the governing body, the bonds to be issued |
---|
4730 | 4730 | | 20 pursuant thereto, and the special assessments from which |
---|
4731 | 4731 | | 21 the bonds are to be paid, shall be final and no suit |
---|
4732 | 4732 | | 22 challenging the legality thereof may be instituted in this 2025STATE OF WYOMING25LSO-0590211HB0298 |
---|
4733 | 4733 | | 1 state, and no court shall have the authority to inquire |
---|
4734 | 4734 | | 2 into such matters. |
---|
4735 | 4735 | | 3 |
---|
4736 | 4736 | | 4 |
---|
4737 | 4737 | | 5 |
---|
4738 | 4738 | | 6 (a) As used in this article: |
---|
4739 | 4739 | | 7 |
---|
4740 | 4740 | | 8 (iii) "Notification" or "written notice" means |
---|
4741 | 4741 | | 9 publication in a newspaper of general circulation within |
---|
4742 | 4742 | | 10 the area served by the cooperative electric utility, |
---|
4743 | 4743 | | 11 or in a newsletter |
---|
4744 | 4744 | | 12 distributed by the cooperative electric utility, or sent |
---|
4745 | 4745 | | 13 with a billing statement by the utility; |
---|
4746 | 4746 | | 14 |
---|
4747 | 4747 | | 15 |
---|
4748 | 4748 | | 16 |
---|
4749 | 4749 | | 17 (e) Tax sales. The following shall apply: |
---|
4750 | 4750 | | 18 |
---|
4751 | 4751 | | 19 (ii) The following shall apply to sales of real |
---|
4752 | 4752 | | 20 property: |
---|
4753 | 4753 | | 21 |
---|
4754 | 4754 | | 22 (A) If the county treasurer proceeds to |
---|
4755 | 4755 | | 23 collect delinquent taxes by sale of real property, he shall 2025STATE OF WYOMING25LSO-0590212HB0298 |
---|
4756 | 4756 | | 1 advertise notice of all sales of real property by |
---|
4757 | 4757 | | 2 publication thereof, once a week for three (3) weeks in a |
---|
4758 | 4758 | | 3 legal newspaper in the county |
---|
4759 | 4759 | | 4, the |
---|
4760 | 4760 | | 5 first publication to be at least four (4) weeks prior to |
---|
4761 | 4761 | | 6 the day of sale and prior to the first week in September. |
---|
4762 | 4762 | | 7 If |
---|
4763 | 4763 | | 8 there is no legal newspaper published in |
---|
4764 | 4764 | | 9 the county, the county treasurer shall post a written |
---|
4765 | 4765 | | 10 notice of the sale at least thirty (30) days prior to the |
---|
4766 | 4766 | | 11 date of the sale within and near the front door of the |
---|
4767 | 4767 | | 12 courthouse and in three (3) public places in the county in |
---|
4768 | 4768 | | 13 which the major portion of the real property to be sold is |
---|
4769 | 4769 | | 14 situated; |
---|
4770 | 4770 | | 15 |
---|
4771 | 4771 | | 16 (v) The following shall apply to tax deeds to |
---|
4772 | 4772 | | 17 purchasers: |
---|
4773 | 4773 | | 18 |
---|
4774 | 4774 | | 19 (B) Holders of certificates of purchase of |
---|
4775 | 4775 | | 20 real property sold for delinquent taxes, including a |
---|
4776 | 4776 | | 21 holder's or county's assigns, upon application for a tax |
---|
4777 | 4777 | | 22 deed therefor shall furnish proof to the county treasurer: |
---|
4778 | 4778 | | 23 2025STATE OF WYOMING25LSO-0590213HB02981 (II) If no person is in actual |
---|
4779 | 4779 | | 2 possession or occupancy of the property and if the person |
---|
4780 | 4780 | | 3 in whose name the property was taxed or assessed cannot be |
---|
4781 | 4781 | | 4 found in the county, that notice was published in a |
---|
4782 | 4782 | | 5 newspaper printed in the county, or if no newspaper is |
---|
4783 | 4783 | | 6 printed in the county, then in a newspaper printed in |
---|
4784 | 4784 | | 7 Wyoming nearest to the county seat of the county in which |
---|
4785 | 4785 | | 8 the property is located, or on the centralized electronic |
---|
4786 | 4786 | | 9. |
---|
4787 | 4787 | | 10 notice shall be published once a week for three (3) weeks, |
---|
4788 | 4788 | | 11 the first publication not more than five (5) months and the |
---|
4789 | 4789 | | 12 last publication not less than three (3) months prior to |
---|
4790 | 4790 | | 13 the application. If notice is provided on the centralized |
---|
4791 | 4791 | | 14 |
---|
4792 | 4792 | | 15 |
---|
4793 | 4793 | | 16 |
---|
4794 | 4794 | | 17 |
---|
4795 | 4795 | | 18; and |
---|
4796 | 4796 | | 19 |
---|
4797 | 4797 | | 20 |
---|
4798 | 4798 | | 21 |
---|
4799 | 4799 | | 22 (e) Tax sales. The following shall apply: |
---|
4800 | 4800 | | 23 2025STATE OF WYOMING25LSO-0590214HB02981 (i) The tax due together with interest, |
---|
4801 | 4801 | | 2 penalties and costs may be collected by appropriate |
---|
4802 | 4802 | | 3 judicial proceedings or the department, with board |
---|
4803 | 4803 | | 4 approval, or its representative, may seize and sell at |
---|
4804 | 4804 | | 5 public auction so much of the person's property as will pay |
---|
4805 | 4805 | | 6 all the tax, interest, penalties and costs. Notice of the |
---|
4806 | 4806 | | 7 auction must be published for four (4) weeks in a newspaper |
---|
4807 | 4807 | | 8 published in the resident county of the persons involved |
---|
4808 | 4808 | | 9 |
---|
4809 | 4809 | | 10 |
---|
4810 | 4810 | | 11 |
---|
4811 | 4811 | | 12 |
---|
4812 | 4812 | | 13 |
---|
4813 | 4813 | | 14 (a) Taxable event. The following shall apply: |
---|
4814 | 4814 | | 15 |
---|
4815 | 4815 | | 16 (i) The following provisions apply to imposition |
---|
4816 | 4816 | | 17 of the general purpose excise tax under W.S. |
---|
4817 | 4817 | | 18 39-15-204(a)(i): |
---|
4818 | 4818 | | 19 |
---|
4819 | 4819 | | 20 (C) The proposition may be submitted at an |
---|
4820 | 4820 | | 21 election held on a date authorized under W.S. 22-21-103. A |
---|
4821 | 4821 | | 22 notice of election shall be given in at least one (1) |
---|
4822 | 4822 | | 23 newspaper of general circulation published in the county in 2025STATE OF WYOMING25LSO-0590215HB0298 |
---|
4823 | 4823 | | 1 which the election is to be held, |
---|
4824 | 4824 | | 2 and the notice shall specify the |
---|
4825 | 4825 | | 3 object of the election. |
---|
4826 | 4826 | | 4he notice shall be published at least once each |
---|
4827 | 4827 | | 5 week for a thirty (30) day period preceding the election. |
---|
4828 | 4828 | | 6 |
---|
4829 | 4829 | | 7 |
---|
4830 | 4830 | | 8 At the election the |
---|
4831 | 4831 | | 9 ballots shall contain the words "for the county sales and |
---|
4832 | 4832 | | 10 use tax" and "against the county sales and use tax". If a |
---|
4833 | 4833 | | 11 portion of the proceeds from the tax will be used for |
---|
4834 | 4834 | | 12 economic development as provided by W.S. 39-15-211(a)(i), |
---|
4835 | 4835 | | 13 the ballot shall contain the words "a portion (or specific |
---|
4836 | 4836 | | 14 percentage) of the tax proceeds shall be used for economic |
---|
4837 | 4837 | | 15 development" in a clear and appropriate manner. If the |
---|
4838 | 4838 | | 16 proposition is approved the same proposition shall be |
---|
4839 | 4839 | | 17 submitted at subsequent general elections as provided in |
---|
4840 | 4840 | | 18 this subparagraph until the proposition is defeated. If |
---|
4841 | 4841 | | 19 the tax proposed is approved after July 1, 1989, the same |
---|
4842 | 4842 | | 20 proposition shall be submitted at every other subsequent |
---|
4843 | 4843 | | 21 general election until the proposition is defeated. However |
---|
4844 | 4844 | | 22 in those counties where the tax is not in effect, the |
---|
4845 | 4845 | | 23 county commissioners with the concurrence of the governing 2025STATE OF WYOMING25LSO-0590216HB0298 |
---|
4846 | 4846 | | 1 bodies of fifty percent (50%) of the municipalities may |
---|
4847 | 4847 | | 2 establish the initial term of the tax at four (4) years. |
---|
4848 | 4848 | | 3 The term of the tax shall be stated in the proposition |
---|
4849 | 4849 | | 4 submitted to the voters. If a proposition establishing the |
---|
4850 | 4850 | | 5 term of the tax at four (4) years is approved, the |
---|
4851 | 4851 | | 6 proposition shall be submitted at the second general |
---|
4852 | 4852 | | 7 election following the election at which the proposition |
---|
4853 | 4853 | | 8 was initially approved and at the general election held |
---|
4854 | 4854 | | 9 every four (4) years thereafter until the proposition is |
---|
4855 | 4855 | | 10 defeated; |
---|
4856 | 4856 | | 11 |
---|
4857 | 4857 | | 12 (ii) The following provisions apply to |
---|
4858 | 4858 | | 13 imposition of the lodging excise tax under W.S. |
---|
4859 | 4859 | | 14 39-15-204(a)(ii): |
---|
4860 | 4860 | | 15 |
---|
4861 | 4861 | | 16 (D) The proposition may be submitted at an |
---|
4862 | 4862 | | 17 election held on a date authorized under W.S. 22-21-103. A |
---|
4863 | 4863 | | 18 notice of election shall be given in at least one (1) |
---|
4864 | 4864 | | 19 newspaper of general circulation published in the county in |
---|
4865 | 4865 | | 20 which the election is to be held or in the city or town if |
---|
4866 | 4866 | | 21 only a city wide or town wide tax is proposed, |
---|
4867 | 4867 | | 22 |
---|
4868 | 4868 | | 23 specify the object of the election. 2025STATE OF WYOMING25LSO-0590217HB0298 |
---|
4869 | 4869 | | 1he notice shall be published at |
---|
4870 | 4870 | | 2 least once each week for a thirty (30) day period preceding |
---|
4871 | 4871 | | 3 the election. |
---|
4872 | 4872 | | 4 |
---|
4873 | 4873 | | 5 |
---|
4874 | 4874 | | 6 At the election the ballots shall contain the |
---|
4875 | 4875 | | 7 words "for the county (or city or town) lodging tax" and |
---|
4876 | 4876 | | 8 "against the county (or city or town) lodging tax". If the |
---|
4877 | 4877 | | 9 proposition is approved the same proposition shall be |
---|
4878 | 4878 | | 10 submitted at subsequent general elections as provided in |
---|
4879 | 4879 | | 11 this subparagraph until the proposition is defeated. If the |
---|
4880 | 4880 | | 12 proposition to impose the lodging tax pursuant to W.S. |
---|
4881 | 4881 | | 13 39-15-204(a)(ii) is approved, the same proposition shall be |
---|
4882 | 4882 | | 14 submitted, until defeated, at the second general election |
---|
4883 | 4883 | | 15 following the election at which the proposition was |
---|
4884 | 4884 | | 16 initially approved and at the general election held every |
---|
4885 | 4885 | | 17 four (4) years thereafter. If a county, city or town has in |
---|
4886 | 4886 | | 18 place a lodging tax pursuant to W.S. 39-15-204(a)(ii), |
---|
4887 | 4887 | | 19 either through a petition or by request of the county, city |
---|
4888 | 4888 | | 20 or town, the proposition posed at the next election may |
---|
4889 | 4889 | | 21 contain a larger tax not to exceed two percent (2%); |
---|
4890 | 4890 | | 22 2025STATE OF WYOMING25LSO-0590218HB02981 (v) The following provisions apply to imposition |
---|
4891 | 4891 | | 2 of the excise tax under W.S. 39-15-204(a)(vi) the purpose |
---|
4892 | 4892 | | 3 of which is economic development: |
---|
4893 | 4893 | | 4 |
---|
4894 | 4894 | | 5 (C) The proposition may be submitted at an |
---|
4895 | 4895 | | 6 election held on a date authorized under W.S. 22-21-103. A |
---|
4896 | 4896 | | 7 notice of election shall be given in at least one (1) |
---|
4897 | 4897 | | 8 newspaper of general circulation published in the county in |
---|
4898 | 4898 | | 9 which the election is to be held, |
---|
4899 | 4899 | | 10 and the notice shall specify the |
---|
4900 | 4900 | | 11 object of the election. |
---|
4901 | 4901 | | 12he notice shall be published at least once each |
---|
4902 | 4902 | | 13 week for a thirty (30) day period preceding the election. |
---|
4903 | 4903 | | 14 |
---|
4904 | 4904 | | 15 |
---|
4905 | 4905 | | 16 At the election the |
---|
4906 | 4906 | | 17 ballots shall contain the words "for the county sales and |
---|
4907 | 4907 | | 18 use tax for economic development" and "against the county |
---|
4908 | 4908 | | 19 sales and use tax for economic development". If the tax |
---|
4909 | 4909 | | 20 proposed is approved, the same proposition shall be |
---|
4910 | 4910 | | 21 submitted at every other subsequent general election until |
---|
4911 | 4911 | | 22 the proposition is defeated. However, the county |
---|
4912 | 4912 | | 23 commissioners with the concurrence of the governing bodies 2025STATE OF WYOMING25LSO-0590219HB0298 |
---|
4913 | 4913 | | 1 of fifty percent (50%) of the municipalities may establish |
---|
4914 | 4914 | | 2 the initial term of the tax at four (4) years. The term of |
---|
4915 | 4915 | | 3 the tax shall be stated in the proposition submitted to the |
---|
4916 | 4916 | | 4 voters. If a proposition establishing the term of the tax |
---|
4917 | 4917 | | 5 at four (4) years is approved, the proposition shall be |
---|
4918 | 4918 | | 6 submitted at the second general election following the |
---|
4919 | 4919 | | 7 election at which the proposition was initially approved |
---|
4920 | 4920 | | 8 and at the general election held every four (4) years |
---|
4921 | 4921 | | 9 thereafter until the proposition is defeated; |
---|
4922 | 4922 | | 10 |
---|
4923 | 4923 | | 11 (vi) The following provisions apply to |
---|
4924 | 4924 | | 12 imposition of the municipal tax under W.S. |
---|
4925 | 4925 | | 13 39-15-204(a)(vii): |
---|
4926 | 4926 | | 14 |
---|
4927 | 4927 | | 15 (E) A notice of election shall be given in |
---|
4928 | 4928 | | 16 at least one (1) newspaper of general circulation published |
---|
4929 | 4929 | | 17 in the county in which the election is to be held, |
---|
4930 | 4930 | | 18 and the notice |
---|
4931 | 4931 | | 19 shall specify the proposition that will be considered at |
---|
4932 | 4932 | | 20 the election. |
---|
4933 | 4933 | | 21he notice shall be published at least once each week for a |
---|
4934 | 4934 | | 22 thirty (30) day period preceding the election. |
---|
4935 | 4935 | | 23 2025STATE OF WYOMING25LSO-0590220HB0298 |
---|
4936 | 4936 | | 1 |
---|
4937 | 4937 | | 2 At the election for each |
---|
4938 | 4938 | | 3 proposition, the ballots shall contain the words "for the |
---|
4939 | 4939 | | 4 municipal sales and use tax" and "against the municipal |
---|
4940 | 4940 | | 5 sales and use tax". The ballot shall describe the purposes |
---|
4941 | 4941 | | 6 of the tax in a clear and appropriate manner; |
---|
4942 | 4942 | | 7 |
---|
4943 | 4943 | | 8 |
---|
4944 | 4944 | | 9 |
---|
4945 | 4945 | | 10 (b) For all revenue collected by the department from |
---|
4946 | 4946 | | 11 the taxes imposed by W.S. 39-15-204(a)(iii) the department |
---|
4947 | 4947 | | 12 shall: |
---|
4948 | 4948 | | 13 |
---|
4949 | 4949 | | 14 (iv) If taxes collected exceed the amount |
---|
4950 | 4950 | | 15 necessary for the approved purpose, the excess funds shall |
---|
4951 | 4951 | | 16 be retained by the county treasurer for one (1) year for |
---|
4952 | 4952 | | 17 refund of overpayments of the tax imposed pursuant to this |
---|
4953 | 4953 | | 18 act upon order of the department. After one (1) year any |
---|
4954 | 4954 | | 19 interest earned on the excess funds and the excess funds |
---|
4955 | 4955 | | 20 less any refunds ordered shall be deposited in the |
---|
4956 | 4956 | | 21 applicable reserve account authorized by W.S. |
---|
4957 | 4957 | | 22 39-15-203(a)(iii)(H) or transferred to the county or |
---|
4958 | 4958 | | 23 municipality as specified in the resolution adopted 2025STATE OF WYOMING25LSO-0590221HB0298 |
---|
4959 | 4959 | | 1 pursuant to W.S. 39-15-203(a)(iii)(A). If the resolution |
---|
4960 | 4960 | | 2 fails to specify how excess funds will be expended and |
---|
4961 | 4961 | | 3 after all approved purposes have been completed, the county |
---|
4962 | 4962 | | 4 treasurer shall transfer the excess funds less any refunds |
---|
4963 | 4963 | | 5 ordered to each city and town within the county in the |
---|
4964 | 4964 | | 6 proportion the population of the city or town bears to the |
---|
4965 | 4965 | | 7 population of the county and to the county in the |
---|
4966 | 4966 | | 8 proportion that the population of the unincorporated areas |
---|
4967 | 4967 | | 9 of the county bears to the population of the county. After |
---|
4968 | 4968 | | 10 a public hearing, with notice of the public hearing |
---|
4969 | 4969 | | 11 published in a newspaper of general circulation in the |
---|
4970 | 4970 | | 12 county |
---|
4971 | 4971 | | 13 least thirty (30) days before the public hearing, the |
---|
4972 | 4972 | | 14 governing body of the county and each municipality may |
---|
4973 | 4973 | | 15 appropriate its proportion of excess funds for other |
---|
4974 | 4974 | | 16 specific purposes authorized by a majority vote of the |
---|
4975 | 4975 | | 17 governing body, which shall not include the ordinary |
---|
4976 | 4976 | | 18 operations of local government. Excess funds collected on |
---|
4977 | 4977 | | 19 the propositions approved prior to January 1, 1989, and any |
---|
4978 | 4978 | | 20 interest earned shall be retained by the county treasurer |
---|
4979 | 4979 | | 21 for use in any purposes approved by the electors in |
---|
4980 | 4980 | | 22 accordance with procedures set forth in this section and |
---|
4981 | 4981 | | 23 for refunds of overpayment of taxes imposed pursuant to 2025STATE OF WYOMING25LSO-0590222HB0298 |
---|
4982 | 4982 | | 1 this act upon the order of the department, except that, |
---|
4983 | 4983 | | 2 with the approval of the governing bodies adopting the |
---|
4984 | 4984 | | 3 initial resolution, the excess funds and any interest |
---|
4985 | 4985 | | 4 earned may be used for the needs of the project for which |
---|
4986 | 4986 | | 5 the tax was approved. |
---|
4987 | 4987 | | 6 |
---|
4988 | 4988 | | 7 |
---|
4989 | 4989 | | 8 |
---|
4990 | 4990 | | 9 (e) Tax sales. At any time following a delinquency |
---|
4991 | 4991 | | 10 the department with board approval may seize and sell at |
---|
4992 | 4992 | | 11 public auction any property owned by the delinquent |
---|
4993 | 4993 | | 12 taxpayer to pay all taxes, penalty and interest due plus |
---|
4994 | 4994 | | 13 the cost involved in seizing and selling the property. |
---|
4995 | 4995 | | 14 Notice of the sale showing its time and place shall be |
---|
4996 | 4996 | | 15 mailed to the delinquent taxpayer at least ten (10) days |
---|
4997 | 4997 | | 16 prior to the sale. The notice shall also be printed in a |
---|
4998 | 4998 | | 17 newspaper of general circulation published in the county |
---|
4999 | 4999 | | 18 wherein the seized property is to be sold |
---|
5000 | 5000 | | 19 at least ten (10) |
---|
5001 | 5001 | | 20 days prior to the sale. If |
---|
5002 | 5002 | | 21 no newspaper is |
---|
5003 | 5003 | | 22 published in the county the notice shall be posted in three |
---|
5004 | 5004 | | 23 (3) public places ten (10) days prior to the sale. The 2025STATE OF WYOMING25LSO-0590223HB0298 |
---|
5005 | 5005 | | 1 notice shall contain a description of the property to be |
---|
5006 | 5006 | | 2 sold, a statement of the entire amount due, the name of the |
---|
5007 | 5007 | | 3 delinquent taxpayer and a statement that unless the amount |
---|
5008 | 5008 | | 4 due is paid on or before the time of sale, the property or |
---|
5009 | 5009 | | 5 so much thereof as necessary shall be sold. The department, |
---|
5010 | 5010 | | 6 with board approval, shall give the purchaser a bill of |
---|
5011 | 5011 | | 7 sale for personal property or a deed for real property |
---|
5012 | 5012 | | 8 purchased at the sale. Any unsold property seized may be |
---|
5013 | 5013 | | 9 left at the sale at the risk of the delinquent taxpayer. If |
---|
5014 | 5014 | | 10 the monies received at the sale are in excess of the amount |
---|
5015 | 5015 | | 11 due the excess shall be given to the delinquent taxpayer |
---|
5016 | 5016 | | 12 upon his receipt therefor. If a receipt by the delinquent |
---|
5017 | 5017 | | 13 taxpayer is not given the department shall deposit the |
---|
5018 | 5018 | | 14 excess with the state treasurer as trustee for the |
---|
5019 | 5019 | | 15 delinquent taxpayer. |
---|
5020 | 5020 | | 16 |
---|
5021 | 5021 | | 17 |
---|
5022 | 5022 | | 18 |
---|
5023 | 5023 | | 19 (a) Taxable event. The following shall apply: |
---|
5024 | 5024 | | 20 |
---|
5025 | 5025 | | 21 (i) The following provisions apply to imposition |
---|
5026 | 5026 | | 22 of the general purpose excise tax under W.S. |
---|
5027 | 5027 | | 23 39-16-204(a)(i): 2025STATE OF WYOMING25LSO-0590224HB0298 |
---|
5028 | 5028 | | 1 |
---|
5029 | 5029 | | 2 (C) The proposition may be submitted at an |
---|
5030 | 5030 | | 3 election held on a date authorized under W.S. 22-21-103. A |
---|
5031 | 5031 | | 4 notice of election shall be given in at least one (1) |
---|
5032 | 5032 | | 5 newspaper of general circulation published in the county in |
---|
5033 | 5033 | | 6 which the election is to be held, |
---|
5034 | 5034 | | 7 and the notice shall specify the |
---|
5035 | 5035 | | 8 object of the election. |
---|
5036 | 5036 | | 9he notice shall be published at least once each |
---|
5037 | 5037 | | 10 week for a thirty (30) day period preceding the election. |
---|
5038 | 5038 | | 11 |
---|
5039 | 5039 | | 12 |
---|
5040 | 5040 | | 13 At the election the |
---|
5041 | 5041 | | 14 ballots shall contain the words "for the county sales and |
---|
5042 | 5042 | | 15 use tax" and "against the county sales and use tax". If a |
---|
5043 | 5043 | | 16 portion of the proceeds from the tax will be used for |
---|
5044 | 5044 | | 17 economic development as provided by W.S. 39-16-211(a)(i), |
---|
5045 | 5045 | | 18 the ballot shall contain the words "a portion (or specific |
---|
5046 | 5046 | | 19 percentage) of the proceeds will be used for economic |
---|
5047 | 5047 | | 20 development" in a clear and appropriate manner. If the |
---|
5048 | 5048 | | 21 proposition is approved the same proposition shall be |
---|
5049 | 5049 | | 22 submitted at subsequent general elections as provided in |
---|
5050 | 5050 | | 23 this subparagraph until the proposition is defeated. If the 2025STATE OF WYOMING25LSO-0590225HB0298 |
---|
5051 | 5051 | | 1 tax proposed is approved after July 1, 1989, the same |
---|
5052 | 5052 | | 2 proposition shall be submitted at every other subsequent |
---|
5053 | 5053 | | 3 general election until the proposition is defeated. However |
---|
5054 | 5054 | | 4 in those counties where the tax is not in effect, the |
---|
5055 | 5055 | | 5 county commissioners with the concurrence of the governing |
---|
5056 | 5056 | | 6 bodies of fifty percent (50%) of the municipalities may |
---|
5057 | 5057 | | 7 establish the initial term of the tax at four (4) years. |
---|
5058 | 5058 | | 8 The term of the tax shall be stated in the proposition |
---|
5059 | 5059 | | 9 submitted to the voters. If a proposition establishing the |
---|
5060 | 5060 | | 10 term of the tax at four (4) years is approved, the |
---|
5061 | 5061 | | 11 proposition shall be submitted at the second general |
---|
5062 | 5062 | | 12 election following the election at which the proposition |
---|
5063 | 5063 | | 13 was initially approved and at the general election held |
---|
5064 | 5064 | | 14 every four (4) years thereafter until the proposition is |
---|
5065 | 5065 | | 15 defeated; |
---|
5066 | 5066 | | 16 |
---|
5067 | 5067 | | 17 (iv) The following provisions apply to |
---|
5068 | 5068 | | 18 imposition of the excise tax under W.S. 39-16-204(a)(v) the |
---|
5069 | 5069 | | 19 purpose of which is economic development: |
---|
5070 | 5070 | | 20 |
---|
5071 | 5071 | | 21 (C) The proposition may be submitted at an |
---|
5072 | 5072 | | 22 election held on a date authorized under W.S. 22-21-103. A |
---|
5073 | 5073 | | 23 notice of election shall be given in at least one (1) 2025STATE OF WYOMING25LSO-0590226HB0298 |
---|
5074 | 5074 | | 1 newspaper of general circulation published in the county in |
---|
5075 | 5075 | | 2 which the election is to be held, |
---|
5076 | 5076 | | 3 and the notice shall specify the |
---|
5077 | 5077 | | 4 object of the election. |
---|
5078 | 5078 | | 5he notice shall be published at least once each |
---|
5079 | 5079 | | 6 week for a thirty (30) day period preceding the election. |
---|
5080 | 5080 | | 7 |
---|
5081 | 5081 | | 8 |
---|
5082 | 5082 | | 9 At the election the |
---|
5083 | 5083 | | 10 ballots shall contain the words "for the county sales and |
---|
5084 | 5084 | | 11 use tax for economic development" and "against the county |
---|
5085 | 5085 | | 12 sales and use tax for economic development". If the tax |
---|
5086 | 5086 | | 13 proposed is approved the same proposition shall be |
---|
5087 | 5087 | | 14 submitted at every other subsequent general election until |
---|
5088 | 5088 | | 15 the proposition is defeated. However, the county |
---|
5089 | 5089 | | 16 commissioners with the concurrence of the governing bodies |
---|
5090 | 5090 | | 17 of fifty percent (50%) of the municipalities may establish |
---|
5091 | 5091 | | 18 the initial term of the tax at four (4) years. The term of |
---|
5092 | 5092 | | 19 the tax shall be stated in the proposition submitted to the |
---|
5093 | 5093 | | 20 voters. If a proposition establishing the term of the tax |
---|
5094 | 5094 | | 21 at four (4) years is approved, the proposition shall be |
---|
5095 | 5095 | | 22 submitted at the second general election following the |
---|
5096 | 5096 | | 23 election at which the proposition was initially approved 2025STATE OF WYOMING25LSO-0590227HB0298 |
---|
5097 | 5097 | | 1 and at the general election held every four (4) years |
---|
5098 | 5098 | | 2 thereafter until the proposition is defeated; |
---|
5099 | 5099 | | 3 |
---|
5100 | 5100 | | 4 (v) The following provisions apply to imposition |
---|
5101 | 5101 | | 5 of the municipal tax under W.S. 39-16-204(a)(vi): |
---|
5102 | 5102 | | 6 |
---|
5103 | 5103 | | 7 (E) A notice of election shall be given in |
---|
5104 | 5104 | | 8 at least one (1) newspaper of general circulation published |
---|
5105 | 5105 | | 9 in the county in which the election is to be held, |
---|
5106 | 5106 | | 10 and the notice |
---|
5107 | 5107 | | 11 shall specify the proposition that will be considered at |
---|
5108 | 5108 | | 12 the election. |
---|
5109 | 5109 | | 13he notice shall be published at least once each week for a |
---|
5110 | 5110 | | 14 thirty (30) day period preceding the election. |
---|
5111 | 5111 | | 15 |
---|
5112 | 5112 | | 16 |
---|
5113 | 5113 | | 17 At the election for each |
---|
5114 | 5114 | | 18 proposition, the ballots shall contain the words "for the |
---|
5115 | 5115 | | 19 municipal sales and use tax" and "against the municipal |
---|
5116 | 5116 | | 20 sales and use tax". The ballot shall describe the purposes |
---|
5117 | 5117 | | 21 of the tax in a clear and appropriate manner; |
---|
5118 | 5118 | | 22 |
---|
5119 | 5119 | | 23 2025STATE OF WYOMING25LSO-0590228HB0298 |
---|
5120 | 5120 | | 1 |
---|
5121 | 5121 | | 2 (b) For all revenue collected by the department from |
---|
5122 | 5122 | | 3 the taxes imposed by W.S. 39-16-204(a)(ii), the department |
---|
5123 | 5123 | | 4 shall: |
---|
5124 | 5124 | | 5 |
---|
5125 | 5125 | | 6 (iv) If taxes collected exceed the amount |
---|
5126 | 5126 | | 7 necessary for the approved purpose, the excess funds shall |
---|
5127 | 5127 | | 8 be retained by the county treasurer for one (1) year for |
---|
5128 | 5128 | | 9 refund of overpayments of the tax imposed pursuant to this |
---|
5129 | 5129 | | 10 act upon order of the department. After one (1) year any |
---|
5130 | 5130 | | 11 interest earned on the excess funds and the excess funds |
---|
5131 | 5131 | | 12 less any refunds ordered shall be deposited in the |
---|
5132 | 5132 | | 13 applicable reserve account authorized by W.S. |
---|
5133 | 5133 | | 14 39-16-203(a)(ii)(H) or transferred to the county or |
---|
5134 | 5134 | | 15 municipality as specified in the resolution adopted |
---|
5135 | 5135 | | 16 pursuant to W.S. 39-16-203(a)(ii)(A). If the resolution |
---|
5136 | 5136 | | 17 fails to specify how excess funds will be expended and |
---|
5137 | 5137 | | 18 after all approved purposes have been completed, the county |
---|
5138 | 5138 | | 19 treasurer shall transfer the excess funds less any refunds |
---|
5139 | 5139 | | 20 ordered to each city and town within the county in the |
---|
5140 | 5140 | | 21 proportion the population of the city or town bears to the |
---|
5141 | 5141 | | 22 population of the county and to the county in the |
---|
5142 | 5142 | | 23 proportion that the population of the unincorporated areas 2025STATE OF WYOMING25LSO-0590229HB0298 |
---|
5143 | 5143 | | 1 of the county bears to the population of the county. After |
---|
5144 | 5144 | | 2 a public hearing, with notice of the public hearing |
---|
5145 | 5145 | | 3 published in a newspaper of general circulation in the |
---|
5146 | 5146 | | 4 county at |
---|
5147 | 5147 | | 5 least thirty (30) days before the public hearing, the |
---|
5148 | 5148 | | 6 governing body of the county and each municipality may |
---|
5149 | 5149 | | 7 appropriate its proportion of excess funds for other |
---|
5150 | 5150 | | 8 specific purposes authorized by a majority vote of the |
---|
5151 | 5151 | | 9 governing body, which shall not include the ordinary |
---|
5152 | 5152 | | 10 operations of local government. Excess funds collected on |
---|
5153 | 5153 | | 11 the propositions approved prior to January 1, 1989, and any |
---|
5154 | 5154 | | 12 interest earned shall be retained by the county treasurer |
---|
5155 | 5155 | | 13 for use in any purposes approved by the electors in |
---|
5156 | 5156 | | 14 accordance with procedures set forth in this section and |
---|
5157 | 5157 | | 15 for refunds of overpayment of taxes imposed pursuant to |
---|
5158 | 5158 | | 16 this act upon the order of the department, except that, |
---|
5159 | 5159 | | 17 with the approval of the governing bodies adopting the |
---|
5160 | 5160 | | 18 initial resolution, the excess funds and any interest |
---|
5161 | 5161 | | 19 earned may be used for the needs of the project for which |
---|
5162 | 5162 | | 20 the tax was approved. |
---|
5163 | 5163 | | 21 2025STATE OF WYOMING25LSO-0590230HB02981 |
---|
5164 | 5164 | | 2 |
---|
5165 | 5165 | | 3 |
---|
5166 | 5166 | | 4 |
---|
5167 | 5167 | | 5 (d) It is the policy of the state to encourage |
---|
5168 | 5168 | | 6 exchanges. The state engineer shall not issue an exchange |
---|
5169 | 5169 | | 7 order if the rights of other appropriators will be |
---|
5170 | 5170 | | 8 injuriously affected thereby, or if the proposed exchange |
---|
5171 | 5171 | | 9 would, in the opinion of the state engineer, be too |
---|
5172 | 5172 | | 10 difficult to administer or would be adverse to the public |
---|
5173 | 5173 | | 11 interest. The state engineer shall cause to be published, |
---|
5174 | 5174 | | 12 at the petitioner's expense, once a week for at least two |
---|
5175 | 5175 | | 13 (2) consecutive weeks in a newspaper of general circulation |
---|
5176 | 5176 | | 14 in each county where the water rights subject to the |
---|
5177 | 5177 | | 15 exchange petition are located, or by publishing notice for |
---|
5178 | 5178 | | 16 |
---|
5179 | 5179 | | 17, a notice of the filing of the exchange |
---|
5180 | 5180 | | 18 petition which identifies the place where the exchange |
---|
5181 | 5181 | | 19 petition is available for public inspection. The last date |
---|
5182 | 5182 | | 20 of publication shall occur not less than thirty (30) days |
---|
5183 | 5183 | | 21 before the state engineer enters the order to grant the |
---|
5184 | 5184 | | 22 exchange. All exchanges are subject to the requirements of |
---|
5185 | 5185 | | 23 beneficial use and equality of water exchanged, and no 2025STATE OF WYOMING25LSO-0590231HB0298 |
---|
5186 | 5186 | | 1 exchange will be allowed unless a sufficient quantity of |
---|
5187 | 5187 | | 2 makeup water is introduced to replace the water diverted |
---|
5188 | 5188 | | 3 and withdrawn under the exchange. In making the |
---|
5189 | 5189 | | 4 determination of equality and sufficiency of the makeup |
---|
5190 | 5190 | | 5 water introduced, the state engineer may consider relative |
---|
5191 | 5191 | | 6 consumptive uses and transmission losses. |
---|
5192 | 5192 | | 7 |
---|
5193 | 5193 | | 8 |
---|
5194 | 5194 | | 9 |
---|
5195 | 5195 | | 10 |
---|
5196 | 5196 | | 11 (b) After receipt of a petition for such change the |
---|
5197 | 5197 | | 12 state board of control shall cause a public hearing to be |
---|
5198 | 5198 | | 13 held on the petition before the superintendent of the water |
---|
5199 | 5199 | | 14 division in which such appropriation is located, with |
---|
5200 | 5200 | | 15 notice of the hearing to be advertised in at least one (1) |
---|
5201 | 5201 | | 16 issue of a newspaper having general circulation in the |
---|
5202 | 5202 | | 17 community where the water right involved is located |
---|
5203 | 5203 | | 18. The petitioner |
---|
5204 | 5204 | | 19 shall pay the cost of publication prior to the time of |
---|
5205 | 5205 | | 20 hearing and shall provide a stenographic record of the |
---|
5206 | 5206 | | 21 proceedings, which shall be transmitted by the division |
---|
5207 | 5207 | | 22 superintendent to the state board of control with his |
---|
5208 | 5208 | | 23 report. A fee not to exceed fifty dollars ($50.00) for 2025STATE OF WYOMING25LSO-0590232HB0298 |
---|
5209 | 5209 | | 1 issuance and recording of each amended certificate of |
---|
5210 | 5210 | | 2 appropriation of water shall be collected by the state |
---|
5211 | 5211 | | 3 board of control at the time of filing of the petition and |
---|
5212 | 5212 | | 4 the board shall also require a deposit of sufficient funds |
---|
5213 | 5213 | | 5 to cover the cost of preparing and recording a certified |
---|
5214 | 5214 | | 6 copy of the order of the board granting the petition. |
---|
5215 | 5215 | | 7 |
---|
5216 | 5216 | | 8 |
---|
5217 | 5217 | | 9 |
---|
5218 | 5218 | | 10 |
---|
5219 | 5219 | | 11 (f) The state engineer or the superintendent shall |
---|
5220 | 5220 | | 12 set a hearing on the petition and require the petitioner to |
---|
5221 | 5221 | | 13 provide thirty (30) days notice by certified mail with |
---|
5222 | 5222 | | 14 return receipt requested of the time and place of the |
---|
5223 | 5223 | | 15 hearing to any owners of appropriations which divert |
---|
5224 | 5224 | | 16 between the old and new points of diversion and any owners |
---|
5225 | 5225 | | 17 or users of ditches or facilities to be affected by the |
---|
5226 | 5226 | | 18 proposed change. If the state engineer or the state board |
---|
5227 | 5227 | | 19 of control determines that at least twenty (20) owners of |
---|
5228 | 5228 | | 20 appropriations or owners or users of ditches or facilities |
---|
5229 | 5229 | | 21 require notice of the hearing, the state engineer or the |
---|
5230 | 5230 | | 22 state board of control, in lieu of requiring notice by |
---|
5231 | 5231 | | 23 certified mail with return receipt requested, may allow the 2025STATE OF WYOMING25LSO-0590233HB0298 |
---|
5232 | 5232 | | 1 petitioner to provide notice of the hearing by regular mail |
---|
5233 | 5233 | | 2 and publication. Notice by publication under this |
---|
5234 | 5234 | | 3 subsection shall be accomplished by publishing notice for |
---|
5235 | 5235 | | 4 two (2) consecutive weeks in a newspaper of general |
---|
5236 | 5236 | | 5 circulation in the county where the new point of diversion |
---|
5237 | 5237 | | 6 is located |
---|
5238 | 5238 | | 7. The last |
---|
5239 | 5239 | | 8 date of publication shall occur not less than ten (10) days |
---|
5240 | 5240 | | 9 and not more than thirty (30) days prior to the hearing. |
---|
5241 | 5241 | | 10 The petitioner shall provide the superintendent with a |
---|
5242 | 5242 | | 11 record of the proceedings which shall be transmitted to the |
---|
5243 | 5243 | | 12 state board of control with the superintendent's report. |
---|
5244 | 5244 | | 13 The state board of control or the state engineer may make |
---|
5245 | 5245 | | 14 such other regulations as may be found necessary. No |
---|
5246 | 5246 | | 15 petition shall be granted if the right of other |
---|
5247 | 5247 | | 16 appropriators will be injuriously affected. The attorney |
---|
5248 | 5248 | | 17 general shall represent the state board of control or the |
---|
5249 | 5249 | | 18 state engineer in any appeal. |
---|
5250 | 5250 | | 19 |
---|
5251 | 5251 | | 20 |
---|
5252 | 5252 | | 21 |
---|
5253 | 5253 | | 22 2025STATE OF WYOMING25LSO-0590234HB02981 (o) Upon completion of the state engineer's review, |
---|
5254 | 5254 | | 2 the state engineer shall issue a preliminary analysis of |
---|
5255 | 5255 | | 3 the application. The analysis shall address the factors set |
---|
5256 | 5256 | | 4 forth in subsection (r) of this section, contain a summary |
---|
5257 | 5257 | | 5 of the application and any other information the state |
---|
5258 | 5258 | | 6 engineer deems relevant. The preliminary opinion, or a |
---|
5259 | 5259 | | 7 reasonable summary, shall be published, at the applicant's |
---|
5260 | 5260 | | 8 expense, for three (3) consecutive weeks in a newspaper of |
---|
5261 | 5261 | | 9 general circulation in the county where the proposed |
---|
5262 | 5262 | | 10 appropriation of water is located |
---|
5263 | 5263 | | 11 |
---|
5264 | 5264 | | 12. At the conclusion of the publication period, the |
---|
5265 | 5265 | | 13 state engineer shall hold a public hearing, at the |
---|
5266 | 5266 | | 14 applicant's expense, in the county where the proposed |
---|
5267 | 5267 | | 15 appropriation is located. |
---|
5268 | 5268 | | 16 |
---|
5269 | 5269 | | 17 |
---|
5270 | 5270 | | 18 |
---|
5271 | 5271 | | 19 It shall be the duty of the board of control at its next |
---|
5272 | 5272 | | 20 regular meeting following the receipt of such petition to |
---|
5273 | 5273 | | 21 examine same and ascertain if it sets forth all the facts |
---|
5274 | 5274 | | 22 required by W.S. 41-3-210, and the validity of the water |
---|
5275 | 5275 | | 23 right granted by the adjoining state. Upon it being made to 2025STATE OF WYOMING25LSO-0590235HB0298 |
---|
5276 | 5276 | | 1 appear to the satisfaction of the board of control that the |
---|
5277 | 5277 | | 2 requirements of law and the regulations of the board have |
---|
5278 | 5278 | | 3 been complied with and that the petitioner is entitled to |
---|
5279 | 5279 | | 4 make the proposed changes, the said petition shall be |
---|
5280 | 5280 | | 5 referred to the division superintendent of the proper water |
---|
5281 | 5281 | | 6 division for a public hearing to be held not later than one |
---|
5282 | 5282 | | 7 hundred and twenty (120) days, following the date so |
---|
5283 | 5283 | | 8 referred. The said superintendent shall, by order, require |
---|
5284 | 5284 | | 9 all persons interested to appear on said certain day to |
---|
5285 | 5285 | | 10 show cause why the petition should not be granted. The said |
---|
5286 | 5286 | | 11 order shall be published for four (4) consecutive weeks in |
---|
5287 | 5287 | | 12 a newspaper having general circulation in the county where |
---|
5288 | 5288 | | 13 the proposed change of point of diversion is located |
---|
5289 | 5289 | | 14 |
---|
5290 | 5290 | | 15; provided, that the consent of all owners of |
---|
5291 | 5291 | | 16 intervening diversions be secured, or that those not |
---|
5292 | 5292 | | 17 secured shall be notified by registered mail at least |
---|
5293 | 5293 | | 18 thirty (30) days prior to the hearing date. Any party who |
---|
5294 | 5294 | | 19 may claim injury on account of said proposed change of |
---|
5295 | 5295 | | 20 point of diversion shall have the right to appear before |
---|
5296 | 5296 | | 21 the superintendent at the public hearing as ordered, and |
---|
5297 | 5297 | | 22 present evidence in support of said claim. The evidence of |
---|
5298 | 5298 | | 23 such hearing shall be confined to the subjects enumerated 2025STATE OF WYOMING25LSO-0590236HB0298 |
---|
5299 | 5299 | | 1 in the notice for hearing. Upon completion of the taking of |
---|
5300 | 5300 | | 2 testimony in such hearing, it shall be the duty of the |
---|
5301 | 5301 | | 3 division superintendent to transmit same to the office of |
---|
5302 | 5302 | | 4 the board of control together with a written report setting |
---|
5303 | 5303 | | 5 forth the procedure followed and the results accomplished. |
---|
5304 | 5304 | | 6 At the next regular meeting, the board shall consider the |
---|
5305 | 5305 | | 7 evidence transmitted and enter a proper order either |
---|
5306 | 5306 | | 8 granting or denying the petition. |
---|
5307 | 5307 | | 9 |
---|
5308 | 5308 | | 10 |
---|
5309 | 5309 | | 11 |
---|
5310 | 5310 | | 12 |
---|
5311 | 5311 | | 13 (c) The superintendent shall notify the holders of |
---|
5312 | 5312 | | 14 water rights sought to be abandoned by certified mail that |
---|
5313 | 5313 | | 15 a hearing will be held. The hearing shall be conducted |
---|
5314 | 5314 | | 16 pursuant to all applicable provisions of the Wyoming |
---|
5315 | 5315 | | 17 Administrative Procedure Act. All notices shall advise |
---|
5316 | 5316 | | 18 interested parties of the time, place and purpose of the |
---|
5317 | 5317 | | 19 hearing. Parties initiating abandonment actions are |
---|
5318 | 5318 | | 20 designated as contestants. Water right holders or other |
---|
5319 | 5319 | | 21 persons with interests in the rights allegedly abandoned |
---|
5320 | 5320 | | 22 are designated as contestees. In any case where notice by |
---|
5321 | 5321 | | 23 certified mail cannot be accomplished an advertisement 2025STATE OF WYOMING25LSO-0590237HB0298 |
---|
5322 | 5322 | | 1 published once a week for three (3) consecutive weeks in a |
---|
5323 | 5323 | | 2 newspaper of general circulation in the county in which the |
---|
5324 | 5324 | | 3 abandonment is alleged to have occurred, |
---|
5325 | 5325 | | 4 |
---|
5326 | 5326 | | 5 naming the parties in the case and setting forth |
---|
5327 | 5327 | | 6 the time, place and purpose of the hearing is sufficient. |
---|
5328 | 5328 | | 7 Cost of advertising shall be paid by the contestant. |
---|
5329 | 5329 | | 8 |
---|
5330 | 5330 | | 9 |
---|
5331 | 5331 | | 10 |
---|
5332 | 5332 | | 11 |
---|
5333 | 5333 | | 12 (b) The superintendent shall send notices, by |
---|
5334 | 5334 | | 13 certified mail, of the time, place, and purpose of the |
---|
5335 | 5335 | | 14 hearing to all owners of lands covered by the |
---|
5336 | 5336 | | 15 appropriations involved in the forfeiture proceeding. Such |
---|
5337 | 5337 | | 16 persons shall be joined as parties to the forfeiture |
---|
5338 | 5338 | | 17 proceedings as contestees. The state shall be designated as |
---|
5339 | 5339 | | 18 contestant. In a case where notice by certified mail cannot |
---|
5340 | 5340 | | 19 be accomplished, an advertisement published once a week for |
---|
5341 | 5341 | | 20 three (3) consecutive weeks in a newspaper of general |
---|
5342 | 5342 | | 21 circulation in the county in which the forfeiture is |
---|
5343 | 5343 | | 22 alleged to have occurred, |
---|
5344 | 5344 | | 23 naming 2025STATE OF WYOMING25LSO-0590238HB0298 |
---|
5345 | 5345 | | 1 the parties in the case and setting forth the time, place, |
---|
5346 | 5346 | | 2 and purpose of the hearing, and a general description of |
---|
5347 | 5347 | | 3 the water rights whose status is under consideration, shall |
---|
5348 | 5348 | | 4 answer the requirements of notice. Notice by certified mail |
---|
5349 | 5349 | | 5 shall first be attempted before notice by advertisement is |
---|
5350 | 5350 | | 6 employed. Advertisement costs shall be paid by the state |
---|
5351 | 5351 | | 7 engineer. In addition, whenever it appears necessary for |
---|
5352 | 5352 | | 8 full and proper notice, the superintendent may post a |
---|
5353 | 5353 | | 9 notice of the hearing in a conspicuous place on the land or |
---|
5354 | 5354 | | 10 at the place where the water rights are attached or |
---|
5355 | 5355 | | 11 utilized, or on the point of diversion. |
---|
5356 | 5356 | | 12 |
---|
5357 | 5357 | | 13 |
---|
5358 | 5358 | | 14 |
---|
5359 | 5359 | | 15 (a) This act may be known and cited as "Water |
---|
5360 | 5360 | | 16 Conservancy Act"; the districts created hereunder may be |
---|
5361 | 5361 | | 17 termed "water conservancy districts"; and the bonds which |
---|
5362 | 5362 | | 18 may be issued hereunder may be called "water conservancy |
---|
5363 | 5363 | | 19 bonds", and such designation may be engraved or printed on |
---|
5364 | 5364 | | 20 their face. Wherever the term "publication" is used in this |
---|
5365 | 5365 | | 21 act and no manner specified therefor, it shall be taken to |
---|
5366 | 5366 | | 22 mean once a week for three (3) consecutive weeks in at |
---|
5367 | 5367 | | 23 least one (1) newspaper of general circulation in each 2025STATE OF WYOMING25LSO-0590239HB0298 |
---|
5368 | 5368 | | 1 county wherein such publication is to be made |
---|
5369 | 5369 | | 2 |
---|
5370 | 5370 | | 3. t shall not |
---|
5371 | 5371 | | 4 be necessary that publication be made on the same day of |
---|
5372 | 5372 | | 5 the week in each of the three (3) weeks, but not less than |
---|
5373 | 5373 | | 6 fourteen (14) days (excluding the day of the first |
---|
5374 | 5374 | | 7 publication), shall intervene between the first publication |
---|
5375 | 5375 | | 8 and the last publication, and the publication shall be |
---|
5376 | 5376 | | 9 complete on the date of the last publication. |
---|
5377 | 5377 | | 10 |
---|
5378 | 5378 | | 11 |
---|
5379 | 5379 | | 12 |
---|
5380 | 5380 | | 13 |
---|
5381 | 5381 | | 14 The resolution provided in W.S. 41-3-754 shall be published |
---|
5382 | 5382 | | 15 once a week for two (2) consecutive weeks, the last |
---|
5383 | 5383 | | 16 publication of which shall be at least ten (10) days prior |
---|
5384 | 5384 | | 17 to the date set for said election, in a newspaper of |
---|
5385 | 5385 | | 18 general circulation printed and published within the |
---|
5386 | 5386 | | 19 district, |
---|
5387 | 5387 | | 20 |
---|
5388 | 5388 | | 21 |
---|
5389 | 5389 | | 22 and no other or further notice of such |
---|
5390 | 5390 | | 23 election or publication of the names of election officers 2025STATE OF WYOMING25LSO-0590240HB0298 |
---|
5391 | 5391 | | 1 or of the precincts or polling places need be given or |
---|
5392 | 5392 | | 2 made. |
---|
5393 | 5393 | | 3 |
---|
5394 | 5394 | | 4 |
---|
5395 | 5395 | | 5 |
---|
5396 | 5396 | | 6 |
---|
5397 | 5397 | | 7 The board may, in its discretion, at any time file a |
---|
5398 | 5398 | | 8 petition in the court, praying a judicial examination and |
---|
5399 | 5399 | | 9 determination of any power conferred hereby or by any |
---|
5400 | 5400 | | 10 amendment hereto or of any tax or assessment levied or of |
---|
5401 | 5401 | | 11 any act, proceeding or contract of the district, whether or |
---|
5402 | 5402 | | 12 not said contract shall have been executed, including |
---|
5403 | 5403 | | 13 proposed contracts for the acquisition, construction, |
---|
5404 | 5404 | | 14 maintenance and/or operation of works for the district. |
---|
5405 | 5405 | | 15 Such petition shall set forth the facts whereon the |
---|
5406 | 5406 | | 16 validity of such power, assessment, act, proceeding or |
---|
5407 | 5407 | | 17 contract is founded and shall be verified by the president |
---|
5408 | 5408 | | 18 of the board. Notice of the filing of said petition shall |
---|
5409 | 5409 | | 19 be given by the clerk of the court, under the seal thereof, |
---|
5410 | 5410 | | 20 stating in brief outline the contents of the petition and |
---|
5411 | 5411 | | 21 showing where a full copy of any contract or contracts, |
---|
5412 | 5412 | | 22 therein mentioned, may be examined. Said notice shall be |
---|
5413 | 5413 | | 23 served by publication in at least five (5) consecutive 2025STATE OF WYOMING25LSO-0590241HB0298 |
---|
5414 | 5414 | | 1 issues of a weekly newspaper of general circulation |
---|
5415 | 5415 | | 2 published in the county in which the principal office of |
---|
5416 | 5416 | | 3 the district is located, |
---|
5417 | 5417 | | 4 and by posting |
---|
5418 | 5418 | | 5 the same in the office of the district at least thirty (30) |
---|
5419 | 5419 | | 6 days prior to the date fixed in said notice for the hearing |
---|
5420 | 5420 | | 7 on said petition. Any owner of property in the district or |
---|
5421 | 5421 | | 8 person interested in the contract or proposed contract may |
---|
5422 | 5422 | | 9 appear and demur to or answer said petition at any time |
---|
5423 | 5423 | | 10 prior to the date fixed for said hearing or within such |
---|
5424 | 5424 | | 11 further time as may be allowed by the court; and the |
---|
5425 | 5425 | | 12 petition shall be taken as confessed by all persons who |
---|
5426 | 5426 | | 13 fail so to appear. The said petition and notice shall be |
---|
5427 | 5427 | | 14 sufficient to give the court jurisdiction and upon hearing, |
---|
5428 | 5428 | | 15 the court shall examine into and determine all matters and |
---|
5429 | 5429 | | 16 things affecting the question submitted, shall make such |
---|
5430 | 5430 | | 17 findings, with reference thereto, and render such judgment |
---|
5431 | 5431 | | 18 and decree thereon as the case warrants. Costs may be |
---|
5432 | 5432 | | 19 divided or apportioned among the contesting parties in the |
---|
5433 | 5433 | | 20 discretion of the trial court. Review of the judgment of |
---|
5434 | 5434 | | 21 the court may be had as in other similar cases, except that |
---|
5435 | 5435 | | 22 such review must be applied for within thirty (30) days |
---|
5436 | 5436 | | 23 after the time of the rendition of such judgment, or within 2025STATE OF WYOMING25LSO-0590242HB0298 |
---|
5437 | 5437 | | 1 such additional time as may be allowed by the court within |
---|
5438 | 5438 | | 2 thirty (30) days. The Code of Civil Procedure shall govern |
---|
5439 | 5439 | | 3 in matters of pleading and practice where not otherwise |
---|
5440 | 5440 | | 4 specified herein. The court shall disregard any error, |
---|
5441 | 5441 | | 5 irregularity or omission which does not affect the |
---|
5442 | 5442 | | 6 substantial rights of the parties. |
---|
5443 | 5443 | | 7 |
---|
5444 | 5444 | | 8 |
---|
5445 | 5445 | | 9 |
---|
5446 | 5446 | | 10 (b) The secretary of the board shall cause notice of |
---|
5447 | 5447 | | 11 the filing of such petition to be given and published once |
---|
5448 | 5448 | | 12 each week for two (2) successive weeks, in a newspaper |
---|
5449 | 5449 | | 13 published in the county in which said municipality is |
---|
5450 | 5450 | | 14 situated, |
---|
5451 | 5451 | | 15 which notice shall |
---|
5452 | 5452 | | 16 state the filing of such petition and giving notice to all |
---|
5453 | 5453 | | 17 persons interested to appear at the office of the board, at |
---|
5454 | 5454 | | 18 a time named in said notice and show cause, in writing, if |
---|
5455 | 5455 | | 19 any they have, why the petition should not be granted. |
---|
5456 | 5456 | | 20 |
---|
5457 | 5457 | | 21 |
---|
5458 | 5458 | | 22 2025STATE OF WYOMING25LSO-0590243HB02981 (a) Prior to the third Monday in July of each year in |
---|
5459 | 5459 | | 2 which assessments are made, the board shall appoint a time |
---|
5460 | 5460 | | 3 and place or places where it will meet within the district |
---|
5461 | 5461 | | 4 for the purposes of hearing objections to assessments and |
---|
5462 | 5462 | | 5 prior notice of such hearing shall be given by publication |
---|
5463 | 5463 | | 6 |
---|
5464 | 5464 | | 7 in two (2) issues a week apart, in some |
---|
5465 | 5465 | | 8 newspaper of general circulation published in each county; |
---|
5466 | 5466 | | 9 provided that if there is any county in the district in |
---|
5467 | 5467 | | 10 which there is no newspaper published, then such notice |
---|
5468 | 5468 | | 11 shall be published in an adjoining county. Said notice |
---|
5469 | 5469 | | 12 shall notify the owners of property in the district that in |
---|
5470 | 5470 | | 13 the secretary's office may be found and examined a |
---|
5471 | 5471 | | 14 description of the property so assessed, the amount of the |
---|
5472 | 5472 | | 15 assessment thereon fixed by the board, and the time and |
---|
5473 | 5473 | | 16 place or places fixed by the board for the hearing of |
---|
5474 | 5474 | | 17 objections to such assessments. It shall not be necessary |
---|
5475 | 5475 | | 18 for said notice to contain separate descriptions of the |
---|
5476 | 5476 | | 19 lots or tracts of real estate, but it shall be sufficient |
---|
5477 | 5477 | | 20 if the notice shall contain such descriptions as will |
---|
5478 | 5478 | | 21 inform the owner whether or not his real estate is covered |
---|
5479 | 5479 | | 22 by such descriptions, and to inform the owners where can be |
---|
5480 | 5480 | | 23 found of record the amount of assessments. If in the 2025STATE OF WYOMING25LSO-0590244HB0298 |
---|
5481 | 5481 | | 1 opinion of any person whose property is assessed, his |
---|
5482 | 5482 | | 2 property has been assessed too high, or has been |
---|
5483 | 5483 | | 3 erroneously or illegally assessed, he may at any time |
---|
5484 | 5484 | | 4 before the date of such hearing, file written objections to |
---|
5485 | 5485 | | 5 such assessments, stating the grounds of such objections, |
---|
5486 | 5486 | | 6 which statement shall be verified by the affidavit of said |
---|
5487 | 5487 | | 7 person or his agent. In such hearing the board shall hear |
---|
5488 | 5488 | | 8 such evidence and arguments as may be offered concerning |
---|
5489 | 5489 | | 9 the correctness or legality of such assessment and may |
---|
5490 | 5490 | | 10 modify or amend the same. Any owner of property desiring to |
---|
5491 | 5491 | | 11 appeal from the findings of the board as to assessment |
---|
5492 | 5492 | | 12 shall, within thirty (30) days from the finding of the |
---|
5493 | 5493 | | 13 board, file with the clerk of the court a written notice |
---|
5494 | 5494 | | 14 making demand for trial by the court. The appellant at the |
---|
5495 | 5495 | | 15 same time shall file a bond with good and sufficient |
---|
5496 | 5496 | | 16 security to be approved by the clerk of said court in the |
---|
5497 | 5497 | | 17 sum not exceeding two hundred dollars ($200.00) to the |
---|
5498 | 5498 | | 18 effect that if the finding of the court be not more |
---|
5499 | 5499 | | 19 favorable to the appellant than the finding of the board, |
---|
5500 | 5500 | | 20 the appellant will pay the cost of the appeal. The |
---|
5501 | 5501 | | 21 appellant shall state definitely from what part of the |
---|
5502 | 5502 | | 22 order the appeal is taken. In case more than one (1) appeal |
---|
5503 | 5503 | | 23 is taken, the court may upon its showing that the same may 2025STATE OF WYOMING25LSO-0590245HB0298 |
---|
5504 | 5504 | | 1 be consolidated without injury to the interests of any one, |
---|
5505 | 5505 | | 2 consolidate and try the same together. |
---|
5506 | 5506 | | 3 |
---|
5507 | 5507 | | 4 |
---|
5508 | 5508 | | 5 |
---|
5509 | 5509 | | 6 |
---|
5510 | 5510 | | 7 (b) The state engineer shall notify the division |
---|
5511 | 5511 | | 8 advisory committee of the division in which the control |
---|
5512 | 5512 | | 9 area is located, of the designation or redesignation of the |
---|
5513 | 5513 | | 10 control area. Within twenty (20) days of notification, the |
---|
5514 | 5514 | | 11 division advisory committee shall select a nominating |
---|
5515 | 5515 | | 12 committee of not less than three (3) persons entitled to |
---|
5516 | 5516 | | 13 vote in the election of the control area advisory board. |
---|
5517 | 5517 | | 14 The nominating committee shall nominate not less than five |
---|
5518 | 5518 | | 15 (5) persons for election to the control area advisory board |
---|
5519 | 5519 | | 16 or, if board member districts have been established, it |
---|
5520 | 5520 | | 17 shall nominate at least one (1) person for election in each |
---|
5521 | 5521 | | 18 district. Within thirty (30) days of its selection, the |
---|
5522 | 5522 | | 19 nominating committee shall report its nominations to the |
---|
5523 | 5523 | | 20 division advisory committee. The division advisory |
---|
5524 | 5524 | | 21 committee shall call an election of members of the control |
---|
5525 | 5525 | | 22 area advisory board, to be held within forty (40) days from |
---|
5526 | 5526 | | 23 the date of the report. The call of the election shall 2025STATE OF WYOMING25LSO-0590246HB0298 |
---|
5527 | 5527 | | 1 state the time, the place within the control area, the |
---|
5528 | 5528 | | 2 purpose of the election, and the names of persons nominated |
---|
5529 | 5529 | | 3 for election. It shall be published for two (2) consecutive |
---|
5530 | 5530 | | 4 weeks at least twenty (20) days prior to the election in a |
---|
5531 | 5531 | | 5 newspaper of general circulation in each county in which a |
---|
5532 | 5532 | | 6 part of the control area or board member district lies |
---|
5533 | 5533 | | 7 |
---|
5534 | 5534 | | 8 |
---|
5535 | 5535 | | 9. |
---|
5536 | 5536 | | 10 |
---|
5537 | 5537 | | 11 |
---|
5538 | 5538 | | 12 |
---|
5539 | 5539 | | 13 (a) After the boundaries of any control area have |
---|
5540 | 5540 | | 14 been determined by the board, the appropriate |
---|
5541 | 5541 | | 15 superintendent shall proceed with the adjudication of |
---|
5542 | 5542 | | 16 unadjudicated wells within the control area. After |
---|
5543 | 5543 | | 17 completing the adjudication, the superintendent shall hold |
---|
5544 | 5544 | | 18 evidence of the adjudication open for inspection by the |
---|
5545 | 5545 | | 19 public at a time and place to be fixed by the |
---|
5546 | 5546 | | 20 superintendent, and notice thereof shall be published in |
---|
5547 | 5547 | | 21 two (2) issues of a newspaper of general circulation in the |
---|
5548 | 5548 | | 22 county or counties where the control area is situated 2025STATE OF WYOMING25LSO-0590247HB0298 |
---|
5549 | 5549 | | 1 |
---|
5550 | 5550 | | 2. |
---|
5551 | 5551 | | 3 |
---|
5552 | 5552 | | 4 |
---|
5553 | 5553 | | 5 |
---|
5554 | 5554 | | 6 |
---|
5555 | 5555 | | 7 |
---|
5556 | 5556 | | 8 (a) After designation of an area as a control area by |
---|
5557 | 5557 | | 9 the board, the state engineer may temporarily adopt any of |
---|
5558 | 5558 | | 10 the corrective controls provided for by this section, where |
---|
5559 | 5559 | | 11 it appears that immediate regulation is required. After the |
---|
5560 | 5560 | | 12 well adjudication procedure has been completed, the state |
---|
5561 | 5561 | | 13 engineer may, on his own motion, and shall on the petition |
---|
5562 | 5562 | | 14 of twenty (20) appropriators or of one-tenth of the |
---|
5563 | 5563 | | 15 appropriators of water from a control area, cause a hearing |
---|
5564 | 5564 | | 16 to be held before the state engineer and the control area |
---|
5565 | 5565 | | 17 advisory board to determine whether the underground water |
---|
5566 | 5566 | | 18 in the area is adequate for the needs of all appropriators |
---|
5567 | 5567 | | 19 of underground water in such area. Public notice of the |
---|
5568 | 5568 | | 20 time and place of the hearing shall be published once in a |
---|
5569 | 5569 | | 21 newspaper circulated in the area |
---|
5570 | 5570 | | 22 not more than thirty (30) days |
---|
5571 | 5571 | | 23 before the time set for the meeting. If the state engineer 2025STATE OF WYOMING25LSO-0590248HB0298 |
---|
5572 | 5572 | | 1 finds after the hearing, and after receiving the advice of |
---|
5573 | 5573 | | 2 the control area advisory board, that the underground water |
---|
5574 | 5574 | | 3 in the control area is insufficient for all of the |
---|
5575 | 5575 | | 4 appropriators, he may by order adopt one (1) or more of the |
---|
5576 | 5576 | | 5 following corrective controls: |
---|
5577 | 5577 | | 6 |
---|
5578 | 5578 | | 7 (d) Any agreement approved by the state engineer may |
---|
5579 | 5579 | | 8 be terminated by the terms of the agreement, by the consent |
---|
5580 | 5580 | | 9 of the parties, or by order of the state engineer if he |
---|
5581 | 5581 | | 10 finds, after investigation and a public hearing before the |
---|
5582 | 5582 | | 11 control area advisory board, held at least two (2) weeks |
---|
5583 | 5583 | | 12 after one (1) published notice in a newspaper of general |
---|
5584 | 5584 | | 13 circulation in each county in which a part of the control |
---|
5585 | 5585 | | 14 area lies, |
---|
5586 | 5586 | | 15 |
---|
5587 | 5587 | | 16 that the agreement is not being |
---|
5588 | 5588 | | 17 substantially complied with by the parties, or that changed |
---|
5589 | 5589 | | 18 conditions have made the agreement inequitable, or that the |
---|
5590 | 5590 | | 19 continuance of the agreement is no longer consistent with |
---|
5591 | 5591 | | 20 the intent, purpose and requirements of this act, or is a |
---|
5592 | 5592 | | 21 detriment to the public interest or to the rights of other |
---|
5593 | 5593 | | 22 persons not parties to the agreement. |
---|
5594 | 5594 | | 23 2025STATE OF WYOMING25LSO-0590249HB02981 |
---|
5595 | 5595 | | 2 |
---|
5596 | 5596 | | 3 |
---|
5597 | 5597 | | 4 |
---|
5598 | 5598 | | 5 (a) Upon the filing of a petition to amend an |
---|
5599 | 5599 | | 6 existing water right or an application to appropriate |
---|
5600 | 5600 | | 7 underground water for any use other than domestic, |
---|
5601 | 5601 | | 8 stockwatering or miscellaneous purposes where the quantity |
---|
5602 | 5602 | | 9 of water to be appropriated is twenty-five (25) gallons of |
---|
5603 | 5603 | | 10 water per minute or less, from an area designated as a |
---|
5604 | 5604 | | 11 control area by the state board of control, the state |
---|
5605 | 5605 | | 12 engineer shall cause to be published, at applicant's |
---|
5606 | 5606 | | 13 expense, |
---|
5607 | 5607 | | 14 in a newspaper |
---|
5608 | 5608 | | 15 of general circulation in the county wherein the proposed |
---|
5609 | 5609 | | 16 well or requested change will be located, for at least once |
---|
5610 | 5610 | | 17 a week for three (3) consecutive weeks, a notice of the |
---|
5611 | 5611 | | 18 filing of the application or requested changes and that |
---|
5612 | 5612 | | 19 objections to the granting thereof may be filed within ten |
---|
5613 | 5613 | | 20 (10) days after the last publication of the notice, on the |
---|
5614 | 5614 | | 21 grounds that there is no unappropriated water in the |
---|
5615 | 5615 | | 22 proposed source of supply or that the granting of the |
---|
5616 | 5616 | | 23 application would be detrimental to the public interest. If 2025STATE OF WYOMING25LSO-0590250HB0298 |
---|
5617 | 5617 | | 1 objections are filed within the time specified in the |
---|
5618 | 5618 | | 2 notice, the state engineer shall set a date for a hearing |
---|
5619 | 5619 | | 3 on the application or requested changes and the objections |
---|
5620 | 5620 | | 4 thereto and shall notify the applicant or petitioner and |
---|
5621 | 5621 | | 5 the objectors thereof. If the applicant or petitioner |
---|
5622 | 5622 | | 6 questions the standing of the objector, the state engineer |
---|
5623 | 5623 | | 7 shall make written findings of fact on the issue and may |
---|
5624 | 5624 | | 8 overrule the objection on that basis. The hearing shall be |
---|
5625 | 5625 | | 9 before the control area advisory board and the state |
---|
5626 | 5626 | | 10 engineer, and shall be held in an appropriate place within |
---|
5627 | 5627 | | 11 the county in which the proposed well or requested change |
---|
5628 | 5628 | | 12 is to be located. The state engineer, for good cause, may |
---|
5629 | 5629 | | 13 impose costs of the hearing proportionally upon the |
---|
5630 | 5630 | | 14 applicant or petitioner and the objectors. The hearing |
---|
5631 | 5631 | | 15 under this subsection shall be a contested case hearing |
---|
5632 | 5632 | | 16 conducted in conformance with and subject to the provisions |
---|
5633 | 5633 | | 17 of the Wyoming Administrative Procedure Act. A decision by |
---|
5634 | 5634 | | 18 the state engineer granting or denying an application or |
---|
5635 | 5635 | | 19 petition under this subsection may be appealed to the board |
---|
5636 | 5636 | | 20 of control within thirty (30) days of the date of receipt |
---|
5637 | 5637 | | 21 of notice of the decision. Upon appeal and based on the |
---|
5638 | 5638 | | 22 contested case record and upon additional evidence, if any, |
---|
5639 | 5639 | | 23 taken at the direction of the board, the board may affirm, 2025STATE OF WYOMING25LSO-0590251HB0298 |
---|
5640 | 5640 | | 1 modify or reverse the findings of the state engineer. An |
---|
5641 | 5641 | | 2 appeal from an order of the board of control may be taken |
---|
5642 | 5642 | | 3 to the district court pursuant to the Wyoming |
---|
5643 | 5643 | | 4 Administrative Procedure Act. |
---|
5644 | 5644 | | 5 |
---|
5645 | 5645 | | 6 (b) If no objections are filed against the |
---|
5646 | 5646 | | 7 application or petition under subsection (a) of this |
---|
5647 | 5647 | | 8 section but the state engineer is of the opinion that the |
---|
5648 | 5648 | | 9 application or petition may be detrimental to the public |
---|
5649 | 5649 | | 10 interest, or desires to obtain the recommendations of the |
---|
5650 | 5650 | | 11 control area advisory board, he shall set a date for a |
---|
5651 | 5651 | | 12 public hearing on the application or petition and shall |
---|
5652 | 5652 | | 13 notify the applicant or petitioner of the time and place |
---|
5653 | 5653 | | 14 thereof. Not less than fifteen (15) days prior to the |
---|
5654 | 5654 | | 15 hearing the state engineer shall cause notice of the |
---|
5655 | 5655 | | 16 hearing to be published, at the expense of the applicant or |
---|
5656 | 5656 | | 17 petitioner, |
---|
5657 | 5657 | | 18 in at least one (1) newspaper having general circulation in |
---|
5658 | 5658 | | 19 the county in which the proposed well or requested change |
---|
5659 | 5659 | | 20 is to be located. The state engineer shall notify the |
---|
5660 | 5660 | | 21 applicant or petitioner of the time and place of the |
---|
5661 | 5661 | | 22 hearing. The public hearing shall be held before the |
---|
5662 | 5662 | | 23 control area advisory board and the state engineer in an 2025STATE OF WYOMING25LSO-0590252HB0298 |
---|
5663 | 5663 | | 1 appropriate place in the county in which the proposed well |
---|
5664 | 5664 | | 2 or requested change is to be located. In making any |
---|
5665 | 5665 | | 3 determination required by this section, the state engineer |
---|
5666 | 5666 | | 4 may rely upon records and information on file in his office |
---|
5667 | 5667 | | 5 or in the office of the board of control. In the event a |
---|
5668 | 5668 | | 6 hearing is held he shall make known the records and |
---|
5669 | 5669 | | 7 information upon which he relies at least fifteen (15) days |
---|
5670 | 5670 | | 8 before the hearing. A decision by the state engineer under |
---|
5671 | 5671 | | 9 this subsection may be appealed by the applicant or |
---|
5672 | 5672 | | 10 petitioner to the board of control within thirty (30) days |
---|
5673 | 5673 | | 11 of the date of receipt of notice of the decision. Upon |
---|
5674 | 5674 | | 12 appeal the board of control shall conduct a contested case |
---|
5675 | 5675 | | 13 hearing in accordance with its rules and regulations and |
---|
5676 | 5676 | | 14 the Wyoming Administrative Procedure Act. An appeal from an |
---|
5677 | 5677 | | 15 order of the board of control may be taken to the district |
---|
5678 | 5678 | | 16 court pursuant to the Wyoming Administrative Procedure Act. |
---|
5679 | 5679 | | 17 |
---|
5680 | 5680 | | 18 |
---|
5681 | 5681 | | 19 |
---|
5682 | 5682 | | 20 |
---|
5683 | 5683 | | 21 (d) The applicant for an instream flow water right |
---|
5684 | 5684 | | 22 shall publish a notice of the application and hearing |
---|
5685 | 5685 | | 23 2025STATE OF WYOMING25LSO-0590253HB0298 |
---|
5686 | 5686 | | 1 |
---|
5687 | 5687 | | 2 in a newspaper of general |
---|
5688 | 5688 | | 3 circulation in the area near the proposed reservoir site or |
---|
5689 | 5689 | | 4 stream segment, once each week for at least two (2) |
---|
5690 | 5690 | | 5 consecutive weeks prior to the hearing provided by |
---|
5691 | 5691 | | 6 subsection (e) of this section which notice shall briefly |
---|
5692 | 5692 | | 7 describe the application. |
---|
5693 | 5693 | | 8 |
---|
5694 | 5694 | | 9 |
---|
5695 | 5695 | | 10 |
---|
5696 | 5696 | | 11 |
---|
5697 | 5697 | | 12 The said board shall prepare a notice, setting forth the |
---|
5698 | 5698 | | 13 date when the engineer will begin a measurement of the |
---|
5699 | 5699 | | 14 stream, and the ditches diverting the water therefrom, and |
---|
5700 | 5700 | | 15 a place, and a day certain, when the superintendent of the |
---|
5701 | 5701 | | 16 water division in which the stream to be adjudicated is |
---|
5702 | 5702 | | 17 situated, shall begin the taking of testimony as to the |
---|
5703 | 5703 | | 18 rights of the parties claiming water therefrom. Said notice |
---|
5704 | 5704 | | 19 shall be published |
---|
5705 | 5705 | | 20 in two (2) issues |
---|
5706 | 5706 | | 21 of a newspaper having general circulation in the county in |
---|
5707 | 5707 | | 22 which such stream is situated, the publication of said |
---|
5708 | 5708 | | 23 notice to be at least thirty (30) days prior to the 2025STATE OF WYOMING25LSO-0590254HB0298 |
---|
5709 | 5709 | | 1 beginning of taking testimony by said division |
---|
5710 | 5710 | | 2 superintendent, or for the measurement of the stream by the |
---|
5711 | 5711 | | 3 state engineer, or his assistant; and the superintendent |
---|
5712 | 5712 | | 4 taking such testimony shall have the power to adjourn the |
---|
5713 | 5713 | | 5 taking of evidence from time to time, and from place to |
---|
5714 | 5714 | | 6 place; provided, all places appointed and adjourned to by |
---|
5715 | 5715 | | 7 the superintendent shall be so situated, as related to the |
---|
5716 | 5716 | | 8 streams, as shall best suit the proper convenience of the |
---|
5717 | 5717 | | 9 persons interested in the determination of such priorities |
---|
5718 | 5718 | | 10 and appropriations. |
---|
5719 | 5719 | | 11 |
---|
5720 | 5720 | | 12 |
---|
5721 | 5721 | | 13 |
---|
5722 | 5722 | | 14 |
---|
5723 | 5723 | | 15 Upon the completion of the taking of evidence by the |
---|
5724 | 5724 | | 16 division superintendent, it shall be his duty to at once |
---|
5725 | 5725 | | 17 give notice, |
---|
5726 | 5726 | | 18 in one (1) issue of |
---|
5727 | 5727 | | 19 some newspaper of general circulation in the county where |
---|
5728 | 5728 | | 20 such determination is, and by registered mail to the |
---|
5729 | 5729 | | 21 various claimants, that upon a certain day, and a place |
---|
5730 | 5730 | | 22 named in the notice, all of said evidence shall be open to |
---|
5731 | 5731 | | 23 the inspection of the various claimants, and said 2025STATE OF WYOMING25LSO-0590255HB0298 |
---|
5732 | 5732 | | 1 superintendent shall keep said evidence open to inspection |
---|
5733 | 5733 | | 2 at said place, not less than one (1) day and not more than |
---|
5734 | 5734 | | 3 five (5) days. |
---|
5735 | 5735 | | 4 |
---|
5736 | 5736 | | 5 |
---|
5737 | 5737 | | 6 |
---|
5738 | 5738 | | 7 |
---|
5739 | 5739 | | 8 |
---|
5740 | 5740 | | 9 Whenever the state board of control shall, as provided by |
---|
5741 | 5741 | | 10 law, proceed to adjudicate and determine the rights of the |
---|
5742 | 5742 | | 11 various claimants to the use of water upon any stream or |
---|
5743 | 5743 | | 12 other body of water, it shall be the duty of all claimants |
---|
5744 | 5744 | | 13 interested in such stream or other body of water to appear |
---|
5745 | 5745 | | 14 and submit proof of their respective appropriations, at the |
---|
5746 | 5746 | | 15 time and in the manner required by law; and any such |
---|
5747 | 5747 | | 16 claimant who shall fail to appear in such proceedings and |
---|
5748 | 5748 | | 17 submit proof of his appropriations shall be barred and |
---|
5749 | 5749 | | 18 estopped from subsequently asserting any rights theretofore |
---|
5750 | 5750 | | 19 acquired upon the stream or other body of water embraced in |
---|
5751 | 5751 | | 20 such proceedings, and shall be held to have forfeited all |
---|
5752 | 5752 | | 21 rights to the use of said stream theretofore claimed by |
---|
5753 | 5753 | | 22 him. Provided, that any person claiming the right to the |
---|
5754 | 5754 | | 23 use of water of any stream heretofore adjudicated by the 2025STATE OF WYOMING25LSO-0590256HB0298 |
---|
5755 | 5755 | | 1 board of control who, having been or claiming to have been |
---|
5756 | 5756 | | 2 at the time an appropriator therefrom, shall have failed to |
---|
5757 | 5757 | | 3 appear and submit proof of his claim shall be permitted |
---|
5758 | 5758 | | 4 within one (1) year after the passage of this act, but not |
---|
5759 | 5759 | | 5 thereafter, to apply for a hearing and an adjudication of |
---|
5760 | 5760 | | 6 his rights in the manner hereinafter provided; and |
---|
5761 | 5761 | | 7 provided, further, that any claimant upon whom no other |
---|
5762 | 5762 | | 8 service shall be made than by publication in the newspaper, |
---|
5763 | 5763 | | 9 |
---|
5764 | 5764 | | 10 of the notice of such proceedings and taking of testimony, |
---|
5765 | 5765 | | 11 may, within one (1) year after the entry of the order or |
---|
5766 | 5766 | | 12 decree of the board, determining the rights of the various |
---|
5767 | 5767 | | 13 claimants upon any particular stream or other body of |
---|
5768 | 5768 | | 14 water, have the same opened and be let in to give proof of |
---|
5769 | 5769 | | 15 his appropriation; but before the decree of the board can |
---|
5770 | 5770 | | 16 be opened in such case, the applicant shall give notice to |
---|
5771 | 5771 | | 17 all other persons interested in the water of the stream or |
---|
5772 | 5772 | | 18 other body of water in question, and shall with his |
---|
5773 | 5773 | | 19 petition file the same kind of proof as required of |
---|
5774 | 5774 | | 20 claimants in original hearings and make it appear to the |
---|
5775 | 5775 | | 21 satisfaction of the board that during the pendency of the |
---|
5776 | 5776 | | 22 proceedings he had no actual notice thereof in time to |
---|
5777 | 5777 | | 23 appear and make proof of his claim; and all parties 2025STATE OF WYOMING25LSO-0590257HB0298 |
---|
5778 | 5778 | | 1 interested may present affidavits as to the matter of |
---|
5779 | 5779 | | 2 actual notice of the applicant. |
---|
5780 | 5780 | | 3 |
---|
5781 | 5781 | | 4-4- |
---|
5782 | 5782 | | 5 |
---|
5783 | 5783 | | 6 |
---|
5784 | 5784 | | 7 |
---|
5785 | 5785 | | 8 Whenever the state engineer places his endorsement of |
---|
5786 | 5786 | | 9 approval on any application for a water permit, he shall |
---|
5787 | 5787 | | 10 require that actual construction work be completed within |
---|
5788 | 5788 | | 11 the time set by him in the permit. The time set for |
---|
5789 | 5789 | | 12 completion shall not exceed a period of five (5) years |
---|
5790 | 5790 | | 13 after the date of approval of application. In the case of |
---|
5791 | 5791 | | 14 an application for a ditch permit, he shall further require |
---|
5792 | 5792 | | 15 that the application of the water to beneficial use must be |
---|
5793 | 5793 | | 16 completed before the date which he shall specify, and which |
---|
5794 | 5794 | | 17 shall not be earlier than the date specified for the |
---|
5795 | 5795 | | 18 completion of construction; and that final proof of |
---|
5796 | 5796 | | 19 appropriation must be submitted within five (5) years after |
---|
5797 | 5797 | | 20 the date specified for the completion of the application of |
---|
5798 | 5798 | | 21 the water to beneficial use. He may limit the application |
---|
5799 | 5799 | | 22 to a less period of time for the completion of construction |
---|
5800 | 5800 | | 23 and application of water to beneficial use than is asked 2025STATE OF WYOMING25LSO-0590258HB0298 |
---|
5801 | 5801 | | 1 for in the application. For good cause shown, the state |
---|
5802 | 5802 | | 2 engineer may at any time, or from time to time, before the |
---|
5803 | 5803 | | 3 date of expiration, extend any or all of these periods. An |
---|
5804 | 5804 | | 4 extension of time for compliance with any of the specified |
---|
5805 | 5805 | | 5 requirements shall be construed to automatically extend for |
---|
5806 | 5806 | | 6 a like period the time for compliance with any of the |
---|
5807 | 5807 | | 7 specific requirements in relation to which the time expires |
---|
5808 | 5808 | | 8 thereafter. Default by the holder of the permit in any of |
---|
5809 | 5809 | | 9 the specified requirements shall work a forfeiture of the |
---|
5810 | 5810 | | 10 water right involved. The state engineer may upon such |
---|
5811 | 5811 | | 11 default cancel the permit. The state engineer shall, at |
---|
5812 | 5812 | | 12 least three (3) months before default in any of these |
---|
5813 | 5813 | | 13 requirements shall be operative, notify the permit holder |
---|
5814 | 5814 | | 14 when the time allowed will expire. Notification may be |
---|
5815 | 5815 | | 15 delivered by United States postal service, by other |
---|
5816 | 5816 | | 16 generally accepted mail delivery method to the post-office |
---|
5817 | 5817 | | 17 address given by the permit holder or by email or other |
---|
5818 | 5818 | | 18 electronic means that provides actual notice to the permit |
---|
5819 | 5819 | | 19 holder. If the permit holder cannot be reached by mail or |
---|
5820 | 5820 | | 20 by email, the state engineer shall notify the permit holder |
---|
5821 | 5821 | | 21 by certified mail to the permit holder's last known address |
---|
5822 | 5822 | | 22 and shall publish notice of the default on the state |
---|
5823 | 5823 | | 23 engineer's official website and for three (3) 2025STATE OF WYOMING25LSO-0590259HB0298 |
---|
5824 | 5824 | | 1 weeks |
---|
5825 | 5825 | | 2 in a newspaper of general circulation published in the |
---|
5826 | 5826 | | 3 county, or in case there is no newspaper of general |
---|
5827 | 5827 | | 4 circulation published in the county, then in a newspaper |
---|
5828 | 5828 | | 5 published in the state of Wyoming and in general |
---|
5829 | 5829 | | 6 circulation in the county, the last publication |
---|
5830 | 5830 | | 7 to |
---|
5831 | 5831 | | 8 be at least two (2) months before cancellation of the |
---|
5832 | 5832 | | 9 permit. |
---|
5833 | 5833 | | 10 |
---|
5834 | 5834 | | 11 |
---|
5835 | 5835 | | 12 |
---|
5836 | 5836 | | 13 |
---|
5837 | 5837 | | 14 Whenever an appropriation of water has been perfected in |
---|
5838 | 5838 | | 15 accordance with any permit issued by the state engineer, |
---|
5839 | 5839 | | 16 the appropriator may submit final proof of appropriation of |
---|
5840 | 5840 | | 17 water at any time within the time specified by W.S. |
---|
5841 | 5841 | | 18 41-4-506, to the superintendent of the water division in |
---|
5842 | 5842 | | 19 which the water right involved is situated, or, when more |
---|
5843 | 5843 | | 20 expedient, before the superintendent of another water |
---|
5844 | 5844 | | 21 division or the state engineer, or before a water |
---|
5845 | 5845 | | 22 commissioner in accordance with the provisions of W.S. |
---|
5846 | 5846 | | 23 41-4-308. Proof shall be made by appropriators under oath 2025STATE OF WYOMING25LSO-0590260HB0298 |
---|
5847 | 5847 | | 1 upon forms furnished by the state board of control. The |
---|
5848 | 5848 | | 2 superintendent shall collect for each proof taken a fee not |
---|
5849 | 5849 | | 3 to exceed one hundred dollars ($100.00), which fee shall be |
---|
5850 | 5850 | | 4 transmitted to the secretary of the board of control |
---|
5851 | 5851 | | 5 together with the several proofs taken. The secretary of |
---|
5852 | 5852 | | 6 the board of control shall use the fee to pay the |
---|
5853 | 5853 | | 7 appropriate amount for the county recording fee for the |
---|
5854 | 5854 | | 8 recording of the certificate of appropriation in the office |
---|
5855 | 5855 | | 9 of the county clerk of the county in which the water right |
---|
5856 | 5856 | | 10 is situated and the newspaper advertising fee |
---|
5857 | 5857 | | 11 for advertising the several proofs as provided |
---|
5858 | 5858 | | 12 in this section. The remainder of the fee shall be remitted |
---|
5859 | 5859 | | 13 to the state treasurer to the credit of the general fund. |
---|
5860 | 5860 | | 14 If the board of control rejects any proof, the fee shall be |
---|
5861 | 5861 | | 15 returned to the person, association or corporation |
---|
5862 | 5862 | | 16 submitting such proof. At least thirty (30) days prior to |
---|
5863 | 5863 | | 17 any regular meeting of the state board of control the |
---|
5864 | 5864 | | 18 superintendent of each water division shall cause all |
---|
5865 | 5865 | | 19 proofs taken by him to be advertised |
---|
5866 | 5866 | | 20 |
---|
5867 | 5867 | | 21 newspaper having general circulation in the community where |
---|
5868 | 5868 | | 22 the water right involved is situated, such advertisement to |
---|
5869 | 5869 | | 23 contain in each case the permit number, the date of 2025STATE OF WYOMING25LSO-0590261HB0298 |
---|
5870 | 5870 | | 1 priority, the name of the ditch, canal or reservoir, the |
---|
5871 | 5871 | | 2 name of the appropriator, the name of the stream from which |
---|
5872 | 5872 | | 3 the appropriation is made, and the amount of the |
---|
5873 | 5873 | | 4 appropriation expressed in acres for ditches designed for |
---|
5874 | 5874 | | 5 the irrigation of lands and in acre-feet for reservoirs, or |
---|
5875 | 5875 | | 6 in cubic feet per second or gallons per minute when the |
---|
5876 | 5876 | | 7 appropriation is for domestic, stock, municipal, |
---|
5877 | 5877 | | 8 industrial, manufacturing, fish hatchery or power purposes. |
---|
5878 | 5878 | | 9 Advertisements shall state the time when, and the place |
---|
5879 | 5879 | | 10 where, the proofs of appropriation of water taken by the |
---|
5880 | 5880 | | 11 superintendent will be open for public inspection for a |
---|
5881 | 5881 | | 12 period of not less than one (1) or more than five (5) days, |
---|
5882 | 5882 | | 13 and the last day of the period shall not be less than |
---|
5883 | 5883 | | 14 fifteen (15) days prior to the meeting of the board. Any |
---|
5884 | 5884 | | 15 party claiming an interest in any water right from the |
---|
5885 | 5885 | | 16 stream or streams to which the advertised proofs refer, |
---|
5886 | 5886 | | 17 shall have the right to contest the proposed adjudications |
---|
5887 | 5887 | | 18 according to the provisions of W.S. 41-4-312 through |
---|
5888 | 5888 | | 19 41-4-315. Upon the completion of the taking of proofs of |
---|
5889 | 5889 | | 20 appropriation and the advertising, the superintendent of |
---|
5890 | 5890 | | 21 each water division shall transmit to the office of the |
---|
5891 | 5891 | | 22 state board of control in Cheyenne the several proofs |
---|
5892 | 5892 | | 23 taken, together with fees collected, and shall accompany 2025STATE OF WYOMING25LSO-0590262HB0298 |
---|
5893 | 5893 | | 1 the same with affidavits of publication as evidence of the |
---|
5894 | 5894 | | 2 required advertisement. At its next regular meeting the |
---|
5895 | 5895 | | 3 board shall consider all proofs of appropriation received |
---|
5896 | 5896 | | 4 from the division superintendents and if satisfied that |
---|
5897 | 5897 | | 5 there are no conflicts and that any appropriation involved |
---|
5898 | 5898 | | 6 has been perfected in accordance with the permit issued by |
---|
5899 | 5899 | | 7 the state engineer, the state board of control by the hand |
---|
5900 | 5900 | | 8 of its president, attested under seal, shall issue a |
---|
5901 | 5901 | | 9 certificate of appropriation of water as described in W.S. |
---|
5902 | 5902 | | 10 41-4-325 and send the certificate to the county clerk of |
---|
5903 | 5903 | | 11 the county in which the use of water has been made to be |
---|
5904 | 5904 | | 12 recorded by the clerk as provided in W.S. 41-4-325. |
---|
5905 | 5905 | | 13 |
---|
5906 | 5906 | | 14 |
---|
5907 | 5907 | | 15 |
---|
5908 | 5908 | | 16 |
---|
5909 | 5909 | | 17 |
---|
5910 | 5910 | | 18 (b) The state engineer may hold a public hearing on a |
---|
5911 | 5911 | | 19 petition under subsection (a) of this section to gather |
---|
5912 | 5912 | | 20 facts to determine if other appropriators will be |
---|
5913 | 5913 | | 21 injuriously affected. The state engineer shall hold a |
---|
5914 | 5914 | | 22 public hearing on a petition under subsection (a) of this |
---|
5915 | 5915 | | 23 section if requested to do so by any affected appropriator. 2025STATE OF WYOMING25LSO-0590263HB0298 |
---|
5916 | 5916 | | 1 If the state engineer holds a public hearing, the state |
---|
5917 | 5917 | | 2 engineer shall cause to be published no less than fifteen |
---|
5918 | 5918 | | 3 (15) days before the hearing a notice of the hearing. |
---|
5919 | 5919 | | 4 |
---|
5920 | 5920 | | 5 advertised |
---|
5921 | 5921 | | 6 in at least one (1) issue of any newspaper having general |
---|
5922 | 5922 | | 7 circulation in the community where the water right or valid |
---|
5923 | 5923 | | 8 permit involved is situated. The petitioner shall pay the |
---|
5924 | 5924 | | 9 cost of the advertisement prior to the time |
---|
5925 | 5925 | | 10 of hearing, and provide a record of proceedings to be |
---|
5926 | 5926 | | 11 transmitted to the state engineer. Following receipt of the |
---|
5927 | 5927 | | 12 record, the state engineer shall promptly review the record |
---|
5928 | 5928 | | 13 and issue a written order granting or denying the permit |
---|
5929 | 5929 | | 14 amendment. |
---|
5930 | 5930 | | 15 |
---|
5931 | 5931 | | 16 (e) Upon petition for an amended certificate of |
---|
5932 | 5932 | | 17 appropriation of water, the state board of control may |
---|
5933 | 5933 | | 18 cause a public hearing to be held on the petition before |
---|
5934 | 5934 | | 19 the superintendent of the water division in which such |
---|
5935 | 5935 | | 20 appropriation is located, with notice of the hearing to be |
---|
5936 | 5936 | | 21 |
---|
5937 | 5937 | | 22 advertised in at least one (1) |
---|
5938 | 5938 | | 23 issue of a newspaper having general circulation in the 2025STATE OF WYOMING25LSO-0590264HB0298 |
---|
5939 | 5939 | | 1 community where the water right involved is situated. The |
---|
5940 | 5940 | | 2 state board of control shall hold a public hearing if |
---|
5941 | 5941 | | 3 requested to do so by any affected appropriator. The |
---|
5942 | 5942 | | 4 petitioner shall pay the cost of the publication prior to |
---|
5943 | 5943 | | 5 the time of hearing and provide a record of proceedings to |
---|
5944 | 5944 | | 6 be transmitted by the division superintendent to the state |
---|
5945 | 5945 | | 7 board of control, together with his report. At the time the |
---|
5946 | 5946 | | 8 petition is filed a fee not to exceed fifty dollars |
---|
5947 | 5947 | | 9 ($50.00) for each amended certificate issued shall be |
---|
5948 | 5948 | | 10 collected by the state board of control with a deposit of |
---|
5949 | 5949 | | 11 sufficient funds to cover the cost of preparing and |
---|
5950 | 5950 | | 12 recording a certified copy of the order. The fees for |
---|
5951 | 5951 | | 13 recording shall be returned to the petitioner in case the |
---|
5952 | 5952 | | 14 petition is not granted. |
---|
5953 | 5953 | | 15 |
---|
5954 | 5954 | | 16 |
---|
5955 | 5955 | | 17 |
---|
5956 | 5956 | | 18 |
---|
5957 | 5957 | | 19 (a) On such petition being filed the court or judge |
---|
5958 | 5958 | | 20 thereof shall make an order fixing the time and place of |
---|
5959 | 5959 | | 21 the hearing thereon and ordering notice; thereupon the |
---|
5960 | 5960 | | 22 clerk of said circuit court, for the county in which the 2025STATE OF WYOMING25LSO-0590265HB0298 |
---|
5961 | 5961 | | 1 proceedings are instituted, shall cause twenty (20) days |
---|
5962 | 5962 | | 2 notice of the filing of such petition to be given: |
---|
5963 | 5963 | | 3 |
---|
5964 | 5964 | | 4 (ii) By publishing a copy thereof |
---|
5965 | 5965 | | 5 |
---|
5966 | 5966 | | 6 at least once a week for three |
---|
5967 | 5967 | | 7 (3) consecutive weeks in some newspaper published in each |
---|
5968 | 5968 | | 8 county within which any of the lands of the district are |
---|
5969 | 5969 | | 9 situated. If |
---|
5970 | 5970 | | 10 there be no newspaper in any |
---|
5971 | 5971 | | 11 such county, such notice may be published in a newspaper |
---|
5972 | 5972 | | 12 published in an adjoining county. |
---|
5973 | 5973 | | 13 |
---|
5974 | 5974 | | 14 |
---|
5975 | 5975 | | 15 |
---|
5976 | 5976 | | 16 |
---|
5977 | 5977 | | 17 If it shall be found before the hearing on the petition for |
---|
5978 | 5978 | | 18 the organization of an irrigation district, that one (1) or |
---|
5979 | 5979 | | 19 more of the persons owning or entitled to possession of |
---|
5980 | 5980 | | 20 land in said district have not been duly served with notice |
---|
5981 | 5981 | | 21 of hearing on said petition, the court or presiding judge |
---|
5982 | 5982 | | 22 shall not thereby lose jurisdiction. The court or presiding |
---|
5983 | 5983 | | 23 judge in such case shall adjourn the hearing, make an order 2025STATE OF WYOMING25LSO-0590266HB0298 |
---|
5984 | 5984 | | 1 directing the serving of said notice upon said person or |
---|
5985 | 5985 | | 2 persons, and fixing the time and manner of service of such |
---|
5986 | 5986 | | 3 notice, which notice shall notify him to appear at said |
---|
5987 | 5987 | | 4 adjourned time and place and be heard on said petition. |
---|
5988 | 5988 | | 5 Said notice shall be served personally or by leaving at the |
---|
5989 | 5989 | | 6 last usual place of abode of said unserved persons, as in |
---|
5990 | 5990 | | 7 W.S. 41-7-204 provided, not less than eight (8) days before |
---|
5991 | 5991 | | 8 said adjourned hearing, or published not less than fourteen |
---|
5992 | 5992 | | 9 (14) days before said adjourned hearing, |
---|
5993 | 5993 | | 10 |
---|
5994 | 5994 | | 11 the county in which said persons' lands lie, or if no |
---|
5995 | 5995 | | 12 newspaper may be published in said county, then in some |
---|
5996 | 5996 | | 13 newspaper published in an adjoining county. Upon the |
---|
5997 | 5997 | | 14 adjourned day the same proceedings, adjournments, trial, |
---|
5998 | 5998 | | 15 findings and orders may be had as in case of complete |
---|
5999 | 5999 | | 16 service of notice in the first instance. In case of failure |
---|
6000 | 6000 | | 17 to mail said notice as herein required, the court or judge |
---|
6001 | 6001 | | 18 may order the same mailed later and shall adjourn said |
---|
6002 | 6002 | | 19 hearing so that said notice shall be mailed at least |
---|
6003 | 6003 | | 20 fourteen (14) days before said adjourned hearing. In case |
---|
6004 | 6004 | | 21 of failure to publish or post notice, as in this act |
---|
6005 | 6005 | | 22 required, the court or judge may adjourn said hearing for |
---|
6006 | 6006 | | 23 sufficient time to permit the due posting and publication 2025STATE OF WYOMING25LSO-0590267HB0298 |
---|
6007 | 6007 | | 1 of said notice, and order said notice posted or published |
---|
6008 | 6008 | | 2 as in section 4 hereof directed. In case of adjournment to |
---|
6009 | 6009 | | 3 permit notice to be given, the notice shall state the fact |
---|
6010 | 6010 | | 4 of such adjournment and the time and place of hearing |
---|
6011 | 6011 | | 5 pursuant to said adjournment. |
---|
6012 | 6012 | | 6 |
---|
6013 | 6013 | | 7 |
---|
6014 | 6014 | | 8 |
---|
6015 | 6015 | | 9 |
---|
6016 | 6016 | | 10 Upon the filing of the said report, the court or judge |
---|
6017 | 6017 | | 11 thereof, shall make and enter an order fixing the time and |
---|
6018 | 6018 | | 12 place when and where all persons interested may appear and |
---|
6019 | 6019 | | 13 object to the confirmation thereof. All objections shall be |
---|
6020 | 6020 | | 14 in writing and shall clearly specify the grounds of |
---|
6021 | 6021 | | 15 objection and shall be filed in the office of the clerk of |
---|
6022 | 6022 | | 16 court wherein said report is filed at least five (5) days |
---|
6023 | 6023 | | 17 prior to the date set for the hearing. The clerk of said |
---|
6024 | 6024 | | 18 court shall cause notice of the time and place of such |
---|
6025 | 6025 | | 19 hearing to be given to all parties interested, which notice |
---|
6026 | 6026 | | 20 shall contain a brief description of the lands benefited |
---|
6027 | 6027 | | 21 and damaged, together with the net damage awarded the |
---|
6028 | 6028 | | 22 several tracts, parcels, easements and corporations to |
---|
6029 | 6029 | | 23 which damages are awarded, and the sum in each case 2025STATE OF WYOMING25LSO-0590268HB0298 |
---|
6030 | 6030 | | 1 assessed for benefits and cost of construction against the |
---|
6031 | 6031 | | 2 several benefited parcels, tracts, easements and |
---|
6032 | 6032 | | 3 corporations, and the amount of water apportioned to each |
---|
6033 | 6033 | | 4 acre of land in the district. Said notice shall be |
---|
6034 | 6034 | | 5 published for at least three (3) consecutive weeks, prior |
---|
6035 | 6035 | | 6 to the day set for the hearing, |
---|
6036 | 6036 | | 7 in one (1) newspaper published |
---|
6037 | 6037 | | 8 in each county in which said lands, or any part thereof |
---|
6038 | 6038 | | 9 within said district are situate (and if no newspaper is |
---|
6039 | 6039 | | 10 published in said county, in some newspaper in an adjoining |
---|
6040 | 6040 | | 11 county), and by serving a copy of such notice on each of |
---|
6041 | 6041 | | 12 the persons or corporations by said report recommended to |
---|
6042 | 6042 | | 13 be assessed, or whose lands are by said report recommended |
---|
6043 | 6043 | | 14 to be included in said district, and who resides in any of |
---|
6044 | 6044 | | 15 the counties in which any lands of the proposed district |
---|
6045 | 6045 | | 16 are situated, at least twelve (12) days before the day of |
---|
6046 | 6046 | | 17 hearing in the same manner that a summons is required to be |
---|
6047 | 6047 | | 18 served; provided, absence from the county of such person, |
---|
6048 | 6048 | | 19 or corporation shall excuse personal service, whereupon due |
---|
6049 | 6049 | | 20 publication of such notice shall be sufficient service. |
---|
6050 | 6050 | | 21 |
---|
6051 | 6051 | | 22 |
---|
6052 | 6052 | | 23 2025STATE OF WYOMING25LSO-0590269HB0298 |
---|
6053 | 6053 | | 1 |
---|
6054 | 6054 | | 2 In all cases where the work to be done at any one (1) time |
---|
6055 | 6055 | | 3 under the direction of the commissioners will, in their |
---|
6056 | 6056 | | 4 opinion, cost to exceed seven thousand five hundred dollars |
---|
6057 | 6057 | | 5 ($7,500.00), the same shall be let to the lowest |
---|
6058 | 6058 | | 6 responsible bidder, and the commissioner shall advertise |
---|
6059 | 6059 | | 7 for sealed bids, by notice published |
---|
6060 | 6060 | | 8 in some newspaper published in |
---|
6061 | 6061 | | 9 the county in which the petition is filed, and may |
---|
6062 | 6062 | | 10 advertise in one (1) or more newspapers published |
---|
6063 | 6063 | | 11 elsewhere. If |
---|
6064 | 6064 | | 12 there no newspaper |
---|
6065 | 6065 | | 13 published in the county in which the petition is filed, |
---|
6066 | 6066 | | 14 they shall advertise in some newspaper published in an |
---|
6067 | 6067 | | 15 adjoining county, which said notice shall particularly set |
---|
6068 | 6068 | | 16 forth the time and place when and where the bids advertised |
---|
6069 | 6069 | | 17 will be opened, the kind of work to be let and the terms of |
---|
6070 | 6070 | | 18 payment. Said commissioners may continue the letting from |
---|
6071 | 6071 | | 19 time to time, if in their judgment the same shall be |
---|
6072 | 6072 | | 20 necessary, and shall reserve the right to reject any and |
---|
6073 | 6073 | | 21 all bids. This section shall not be construed to apply to |
---|
6074 | 6074 | | 22 the employment of superintendent, engineer, attorney or |
---|
6075 | 6075 | | 23 other employee engaged in the general work of the district. 2025STATE OF WYOMING25LSO-0590270HB0298 |
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6076 | 6076 | | 1 |
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6077 | 6077 | | 2 |
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6078 | 6078 | | 3 |
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6079 | 6079 | | 4 |
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6080 | 6080 | | 5 Whenever the commissioners of an irrigation district, after |
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6081 | 6081 | | 6 their appointment and qualification, shall wish to avail |
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6082 | 6082 | | 7 themselves of the provisions of W.S. 41-7-501, they shall |
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6083 | 6083 | | 8 file in the district court wherein such district was |
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6084 | 6084 | | 9 organized, a petition for authority to issue |
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6085 | 6085 | | 10 interest-bearing warrants, setting out the necessity for |
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6086 | 6086 | | 11 such issuance, the amounts of warrants to be issued and the |
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6087 | 6087 | | 12 purpose thereof; the judge of said court shall thereupon, |
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6088 | 6088 | | 13 by order, set a date for hearing said petition and notice |
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6089 | 6089 | | 14 of such hearing, setting out briefly the purpose thereof, |
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6090 | 6090 | | 15 shall be published for one (1) consecutive week |
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6091 | 6091 | | 16 in a newspaper of |
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6092 | 6092 | | 17 general circulation in the county wherein the district or |
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6093 | 6093 | | 18 the greater portion thereof is situate, the last |
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6094 | 6094 | | 19 publication of said notice shall be at least ten (10) days |
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6095 | 6095 | | 20 prior to the date set for said hearing and any protests or |
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6096 | 6096 | | 21 objections to the said petition must be in writing, setting |
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6097 | 6097 | | 22 out the grounds of such protest or objection, signed and |
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6098 | 6098 | | 23 verified by the protestant or objector, and filed in the 2025STATE OF WYOMING25LSO-0590271HB0298 |
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6099 | 6099 | | 1 proceeding at least five (5) days prior to the date set for |
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6100 | 6100 | | 2 said hearing. |
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6101 | 6101 | | 3 |
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6102 | 6102 | | 4 |
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6103 | 6103 | | 5 |
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6104 | 6104 | | 6 |
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6105 | 6105 | | 7 Whenever any contract between the United States and an |
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6106 | 6106 | | 8 irrigation district so provides, the assessment or |
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6107 | 6107 | | 9 assessments for benefits and construction against the |
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6108 | 6108 | | 10 individual tracts of land in the district, as now required |
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6109 | 6109 | | 11 under W.S. 41-7-401, may be dispensed with, and in such |
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6110 | 6110 | | 12 case the board of commissioners of the district, at any |
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6111 | 6111 | | 13 time, or after an election as provided by law has resulted |
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6112 | 6112 | | 14 in the approval of such contract, may file in the district |
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6113 | 6113 | | 15 court of the county embracing the largest acreage of the |
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6114 | 6114 | | 16 district, a petition praying in effect, that the contract |
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6115 | 6115 | | 17 and the proceedings leading up to the execution of same and |
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6116 | 6116 | | 18 the assessment for benefits and construction as requested |
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6117 | 6117 | | 19 therein may be examined, approved and confirmed by the |
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6118 | 6118 | | 20 court. The petition shall state generally that the |
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6119 | 6119 | | 21 irrigation district was duly authorized, that due and |
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6120 | 6120 | | 22 lawful proceedings were taken to execute a contract with |
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6121 | 6121 | | 23 the United States which incurred a district indebtedness 2025STATE OF WYOMING25LSO-0590272HB0298 |
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6122 | 6122 | | 1 for construction charges to the United States in a maximum |
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6123 | 6123 | | 2 amount to be stated, and that the assessments to be levied |
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6124 | 6124 | | 3 against the individual tracts of land under the contract do |
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6125 | 6125 | | 4 not exceed the benefits to accrue to such tracts of land, |
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6126 | 6126 | | 5 respectively, by reason of such contract. The court shall, |
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6127 | 6127 | | 6 upon presentation of such a petition, fix a time for the |
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6128 | 6128 | | 7 hearing of said petition and shall order the clerk of the |
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6129 | 6129 | | 8 court to give and publish notice of the filing of the said |
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6130 | 6130 | | 9 petition, and of the time and place fixed for the hearing |
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6131 | 6131 | | 10 thereon. The notice of such hearing shall be published |
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6132 | 6132 | | 11 |
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6133 | 6133 | | 12 three (3) consecutive weeks in a newspaper |
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6134 | 6134 | | 13 of general circulation in each county in which such |
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6135 | 6135 | | 14 district is located and shall state the time and place |
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6136 | 6136 | | 15 fixed for the hearing of the petition, the prayer thereof, |
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6137 | 6137 | | 16 and that any person interested in the subject matter of the |
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6138 | 6138 | | 17 petition may, on or before three (3) days prior to the day |
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6139 | 6139 | | 18 fixed for the hearing thereof, answer or otherwise plead |
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6140 | 6140 | | 19 thereto, and no other notice shall be required to be given |
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6141 | 6141 | | 20 of the time and place of the hearing thereon. Upon the |
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6142 | 6142 | | 21 hearing on such proceedings, the court shall disregard |
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6143 | 6143 | | 22 every error, irregularity, or omission which does not |
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6144 | 6144 | | 23 affect the substantial rights of any party, and the court 2025STATE OF WYOMING25LSO-0590273HB0298 |
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6145 | 6145 | | 1 may make an order confirming and approving the proceedings |
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6146 | 6146 | | 2 taken to ratify and confirm such contract and the |
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6147 | 6147 | | 3 assessments for benefits and construction as required |
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6148 | 6148 | | 4 therein. The costs of the proceedings may be allowed and |
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6149 | 6149 | | 5 apportioned among the parties thereto in the discretion of |
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6150 | 6150 | | 6 the court. |
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6151 | 6151 | | 7 |
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6152 | 6152 | | 8 |
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6153 | 6153 | | 9 |
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6154 | 6154 | | 10 (a) Immediately after the adoption of the resolution |
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6155 | 6155 | | 11 by the board the secretary of the district shall proceed to |
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6156 | 6156 | | 12 give notice of the time and place of holding such election |
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6157 | 6157 | | 13 in the manner following: |
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6158 | 6158 | | 14 |
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6159 | 6159 | | 15 (ii) By publishing a copy of said notice |
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6160 | 6160 | | 16 |
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6161 | 6161 | | 17 at least once a week for three (3) |
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6162 | 6162 | | 18 consecutive weeks in some newspaper published in each |
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6163 | 6163 | | 19 county within which any of the lands of the district are |
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6164 | 6164 | | 20 situated, giving the time, place and object of said |
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6165 | 6165 | | 21 election; |
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6166 | 6166 | | 22 |
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6167 | 6167 | | 23 2025STATE OF WYOMING25LSO-0590274HB0298 |
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6168 | 6168 | | 1 |
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6169 | 6169 | | 2 The clerk of said court shall give notice of the filing of |
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6170 | 6170 | | 3 said petition and of the time and place of hearing thereon |
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6171 | 6171 | | 4 to any and all persons interested therein by publishing a |
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6172 | 6172 | | 5 copy of said order |
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6173 | 6173 | | 6 at least once a |
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6174 | 6174 | | 7 week for three (3) consecutive weeks in a newspaper |
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6175 | 6175 | | 8 published in each county within which any of the lands of |
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6176 | 6176 | | 9 the said irrigation district is situated. If |
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6177 | 6177 | | 10 |
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6178 | 6178 | | 11 there no newspaper in any such county, such notice |
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6179 | 6179 | | 12 may be published in a newspaper published in an adjoining |
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6180 | 6180 | | 13 county. |
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6181 | 6181 | | 14 |
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6182 | 6182 | | 15 |
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6183 | 6183 | | 16 |
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6184 | 6184 | | 17 Notice designating the bonds called for redemption shall be |
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6185 | 6185 | | 18 published |
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6186 | 6186 | | 19 once a week for three (3) |
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6187 | 6187 | | 20 successive weeks in a newspaper of general circulation |
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6188 | 6188 | | 21 printed and published in the office county. |
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6189 | 6189 | | 22 |
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6190 | 6190 | | 23 2025STATE OF WYOMING25LSO-0590275HB0298 |
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6191 | 6191 | | 1 |
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6192 | 6192 | | 2 The board of commissioners shall give notice of the sale by |
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6193 | 6193 | | 3 posting on the county's official website in the manner |
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6194 | 6194 | | 4 provided in W.S. 18-3-516(f) and by publication for at |
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6195 | 6195 | | 5 least two (2) weeks in the designated official newspaper of |
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6196 | 6196 | | 6 the county and in any other newspaper at its discretion, |
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6197 | 6197 | | 7. |
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6198 | 6198 | | 8 |
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6199 | 6199 | | 9 |
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6200 | 6200 | | 10 |
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6201 | 6201 | | 11 |
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6202 | 6202 | | 12 |
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6203 | 6203 | | 13 |
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6204 | 6204 | | 14 |
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6205 | 6205 | | 15 The resolution together with a notice stating that the time |
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6206 | 6206 | | 16 fixed by the board of commissioners for the consideration |
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6207 | 6207 | | 17 of the resolution shall be published |
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6208 | 6208 | | 18 |
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6209 | 6209 | | 19 once a week for at least two (2) successive weeks |
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6210 | 6210 | | 20 in a newspaper published in the office county. |
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6211 | 6211 | | 21 |
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6212 | 6212 | | 22 |
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6213 | 6213 | | 23 2025STATE OF WYOMING25LSO-0590276HB0298 |
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6214 | 6214 | | 1 |
---|
6215 | 6215 | | 2 A copy of such order to show cause shall be published for |
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6216 | 6216 | | 3 |
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6217 | 6217 | | 4 four (4) |
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6218 | 6218 | | 5 successive weeks prior to said hearing in a newspaper |
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6219 | 6219 | | 6 published in each county in which said district is |
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6220 | 6220 | | 7 situated. |
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6221 | 6221 | | 8 |
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6222 | 6222 | | 9 |
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6223 | 6223 | | 10 |
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6224 | 6224 | | 11 (d) "Due notice", for provisions other than election |
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6225 | 6225 | | 12 and referendum provisions, means notice published |
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6226 | 6226 | | 13 |
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6227 | 6227 | | 14 at least twice, with an |
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6228 | 6228 | | 15 interval of at least six (6) days between the two (2) |
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6229 | 6229 | | 16 publication dates, in a newspaper of general circulation |
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6230 | 6230 | | 17 within the boundaries of the proposed or organized |
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6231 | 6231 | | 18 district. The notice of any hearing required to be held |
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6232 | 6232 | | 19 under this act shall fix the time, place and purpose |
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6233 | 6233 | | 20 thereof, which time shall be not less than ten (10) or more |
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6234 | 6234 | | 21 than fifteen (15) days after the first publication or first |
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6235 | 6235 | | 22 posting of such notice. At any hearing held pursuant to |
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6236 | 6236 | | 23 such notice, at the time and place designated in such 2025STATE OF WYOMING25LSO-0590277HB0298 |
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6237 | 6237 | | 1 notice, adjournment may be made from time to time without |
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6238 | 6238 | | 2 the necessity of renewing such notice for such adjourned |
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6239 | 6239 | | 3 dates. Notice for any election or referendum required by |
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6240 | 6240 | | 4 this act shall be as specifically provided in this act, or |
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6241 | 6241 | | 5 if not specifically provided in this act, as required in |
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6242 | 6242 | | 6 the Special District Elections Act of 1994. |
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6243 | 6243 | | 7 |
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6244 | 6244 | | 8 |
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6245 | 6245 | | 9 |
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6246 | 6246 | | 10 |
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6247 | 6247 | | 11 (a) On such petition being filed the court or judge |
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6248 | 6248 | | 12 thereof shall make an order fixing a time and place of |
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6249 | 6249 | | 13 hearing thereon and ordering notice; thereupon the clerk of |
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6250 | 6250 | | 14 said court, for the county in which the proceedings are |
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6251 | 6251 | | 15 instituted, shall cause twenty (20) days notice of the |
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6252 | 6252 | | 16 filing of such petition to be given: |
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6253 | 6253 | | 17 |
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6254 | 6254 | | 18 (ii) By publishing a copy thereof |
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6255 | 6255 | | 19 |
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6256 | 6256 | | 20 at least once a week for three (3) successive |
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6257 | 6257 | | 21 weeks in some newspaper published in each county from which |
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6258 | 6258 | | 22 any part of the district is proposed to be taken. If |
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6259 | 6259 | | 23 2025STATE OF WYOMING25LSO-0590278HB0298 |
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6260 | 6260 | | 1 no newspaper in any such county, |
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6261 | 6261 | | 2 such notice may be published in a newspaper published in an |
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6262 | 6262 | | 3 adjoining county. |
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6263 | 6263 | | 4 |
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6264 | 6264 | | 5 |
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6265 | 6265 | | 6 |
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6266 | 6266 | | 7 |
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6267 | 6267 | | 8 Said notice shall be served personally or by leaving at the |
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6268 | 6268 | | 9 last usual place of abode of said unserved owners, as in |
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6269 | 6269 | | 10 W.S. 41-9-104; provided, not less than eight (8) days |
---|
6270 | 6270 | | 11 before said adjourned hearing, or published not less than |
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6271 | 6271 | | 12 fourteen (14) days before said adjourned hearing, |
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6272 | 6272 | | 13 in some newspaper |
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6273 | 6273 | | 14 published in the county in which said owners' lands lie, or |
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6274 | 6274 | | 15 if no newspaper be published in said county, then in some |
---|
6275 | 6275 | | 16 newspaper published in an adjoining county. |
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6276 | 6276 | | 17 |
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6277 | 6277 | | 18 |
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6278 | 6278 | | 19 |
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6279 | 6279 | | 20 Upon the filing of the preliminary report the court or the |
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6280 | 6280 | | 21 presiding judge thereof shall by order fix a time and place |
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6281 | 6281 | | 22 when and where the same shall be heard at some general or |
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6282 | 6282 | | 23 special term of said court, not less than thirty (30) days 2025STATE OF WYOMING25LSO-0590279HB0298 |
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6283 | 6283 | | 1 from the filing of said report. Notice of the time and |
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6284 | 6284 | | 2 place of hearing upon said preliminary report shall be |
---|
6285 | 6285 | | 3 given to all interested persons by publishing a brief |
---|
6286 | 6286 | | 4 notice of the filing of said report, including a brief |
---|
6287 | 6287 | | 5 statement of the substance of said report, |
---|
6288 | 6288 | | 6 |
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6289 | 6289 | | 7 |
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6290 | 6290 | | 8 in one (1) or more newspapers published in each |
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6291 | 6291 | | 9 county in which any land in said proposed drainage district |
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6292 | 6292 | | 10 shall be situated (or if no newspaper is published in said |
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6293 | 6293 | | 11 county, in one (1) or more newspapers in an adjoining |
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6294 | 6294 | | 12 county) once in each week for three (3) successive weeks |
---|
6295 | 6295 | | 13 prior to the day appointed for hearing thereon. Said notice |
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6296 | 6296 | | 14 shall describe all lands by said report included in said |
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6297 | 6297 | | 15 district, which were not included therein by the petition, |
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6298 | 6298 | | 16 and state that such lands are to be included in said |
---|
6299 | 6299 | | 17 district, and shall describe all lands excluded from said |
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6300 | 6300 | | 18 district which were by the petition included therein and |
---|
6301 | 6301 | | 19 shall state that such lands are to be excluded from said |
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6302 | 6302 | | 20 district. |
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6303 | 6303 | | 21 |
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6304 | 6304 | | 22 |
---|
6305 | 6305 | | 23 2025STATE OF WYOMING25LSO-0590280HB0298 |
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6306 | 6306 | | 1 |
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6307 | 6307 | | 2 Said notice shall be published |
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6308 | 6308 | | 3 |
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6309 | 6309 | | 4 |
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6310 | 6310 | | 5 for at least three (3) successive weeks, prior to the |
---|
6311 | 6311 | | 6 day set for the hearing in one (1) newspaper published in |
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6312 | 6312 | | 7 each county in which said lands, or any part thereof within |
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6313 | 6313 | | 8 said district are situate (and if no newspaper is published |
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6314 | 6314 | | 9 in said county, in some newspaper in an adjoining county), |
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6315 | 6315 | | 10 and by serving a copy of such notice on each of the persons |
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6316 | 6316 | | 11 or corporations, by said report recommended to be assessed, |
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6317 | 6317 | | 12 or whose lands are by said report recommended to be |
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6318 | 6318 | | 13 included in said district, and who resides in any of the |
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6319 | 6319 | | 14 counties out of which the proposed district is formed, at |
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6320 | 6320 | | 15 least twenty (20) days before the day of hearing in the |
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6321 | 6321 | | 16 same manner that a summons is required to be served; |
---|
6322 | 6322 | | 17 provided, absence from the county of such person or |
---|
6323 | 6323 | | 18 corporation shall excuse personal service, whereupon due |
---|
6324 | 6324 | | 19 publication of such notice shall be sufficient service. |
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6325 | 6325 | | 20 |
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6326 | 6326 | | 21 |
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6327 | 6327 | | 22 2025STATE OF WYOMING25LSO-0590281HB0298 |
---|
6328 | 6328 | | 1 If in the first assessment for construction the |
---|
6329 | 6329 | | 2 commissioners shall have reported to the court a smaller |
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6330 | 6330 | | 3 sum than is needed to complete the work of construction, or |
---|
6331 | 6331 | | 4 if in any year an additional sum is necessary to pay the |
---|
6332 | 6332 | | 5 principal of or interest on lawful indebtedness of said |
---|
6333 | 6333 | | 6 drainage district, further or additional assessments on the |
---|
6334 | 6334 | | 7 lands and corporations benefited, proportioned on the last |
---|
6335 | 6335 | | 8 assessment of benefits which has been approved by the |
---|
6336 | 6336 | | 9 court, shall be made by the commissioners of said drainage |
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6337 | 6337 | | 10 district under the order of the court or presiding judge |
---|
6338 | 6338 | | 11 thereof. Notice of hearing of the application for such |
---|
6339 | 6339 | | 12 additional assessment shall be published |
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6340 | 6340 | | 13 |
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6341 | 6341 | | 14 at least once each week for three (3) consecutive weeks in |
---|
6342 | 6342 | | 15 one (1) newspaper published in each county in which said |
---|
6343 | 6343 | | 16 lands, or any part thereof, within said district are |
---|
6344 | 6344 | | 17 situated which further or additional assessments may be |
---|
6345 | 6345 | | 18 made payable in installments, as specified in W.S. |
---|
6346 | 6346 | | 19 41-9-241, and shall be treated and collected in the same |
---|
6347 | 6347 | | 20 manner as the original assessments for construction |
---|
6348 | 6348 | | 21 confirmed by the court, in said drainage district. |
---|
6349 | 6349 | | 22 |
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6350 | 6350 | | 23 2025STATE OF WYOMING25LSO-0590282HB0298 |
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6351 | 6351 | | 1 |
---|
6352 | 6352 | | 2 In all cases where the work to be done at any one time |
---|
6353 | 6353 | | 3 under the direction of the commissioners shall, in their |
---|
6354 | 6354 | | 4 opinion, cost to exceed five hundred dollars ($500.00), the |
---|
6355 | 6355 | | 5 same shall be let to the lowest responsible bidder, and the |
---|
6356 | 6356 | | 6 commissioner shall advertise for sealed bids, by notice |
---|
6357 | 6357 | | 7 published in |
---|
6358 | 6358 | | 8 some newspaper published in the county in which the |
---|
6359 | 6359 | | 9 petition is filed, and may advertise in one (1) or more |
---|
6360 | 6360 | | 10 newspapers published elsewhere. If |
---|
6361 | 6361 | | 11 there |
---|
6362 | 6362 | | 12 no newspaper published in the county in which the petition |
---|
6363 | 6363 | | 13 is filed, they shall advertise in some newspaper published |
---|
6364 | 6364 | | 14 in an adjoining county, which said notice shall |
---|
6365 | 6365 | | 15 particularly set forth the time and place when and where |
---|
6366 | 6366 | | 16 the bids advertised will be opened, the kind of work to be |
---|
6367 | 6367 | | 17 let and the terms of payment. Said commissioners may |
---|
6368 | 6368 | | 18 continue the letting from time to time, if in their |
---|
6369 | 6369 | | 19 judgment the same shall be necessary, and shall reserve the |
---|
6370 | 6370 | | 20 right to reject any and all bids. |
---|
6371 | 6371 | | 21 |
---|
6372 | 6372 | | 22 |
---|
6373 | 6373 | | 23 2025STATE OF WYOMING25LSO-0590283HB0298 |
---|
6374 | 6374 | | 1 |
---|
6375 | 6375 | | 2 (a) On such petition being filed, the court or judge |
---|
6376 | 6376 | | 3 thereof shall make an order fixing the time and place for a |
---|
6377 | 6377 | | 4 hearing thereon, and ordering notice; thereupon the clerk |
---|
6378 | 6378 | | 5 of said court shall cause twenty (20) days notice of the |
---|
6379 | 6379 | | 6 filing of said petition to be given: |
---|
6380 | 6380 | | 7 |
---|
6381 | 6381 | | 8 (iii) By publishing a notice thereof |
---|
6382 | 6382 | | 9 |
---|
6383 | 6383 | | 10 at least once a week for three (3) successive |
---|
6384 | 6384 | | 11 weeks in some newspaper published in the county in which |
---|
6385 | 6385 | | 12 any part of the district is located. If |
---|
6386 | 6386 | | 13 |
---|
6387 | 6387 | | 14 there no newspaper in any such county, such notice |
---|
6388 | 6388 | | 15 shall be published in a newspaper published in the |
---|
6389 | 6389 | | 16 adjoining county nearest the land in said district. |
---|
6390 | 6390 | | 17 |
---|
6391 | 6391 | | 18 |
---|
6392 | 6392 | | 19 |
---|
6393 | 6393 | | 20 A copy of such order to show cause shall be published for |
---|
6394 | 6394 | | 21 |
---|
6395 | 6395 | | 22 four (4) |
---|
6396 | 6396 | | 23 successive weeks prior to said hearing in a newspaper 2025STATE OF WYOMING25LSO-0590284HB0298 |
---|
6397 | 6397 | | 1 published in each county in which lands embraced in said |
---|
6398 | 6398 | | 2 district be situated. |
---|
6399 | 6399 | | 3 |
---|
6400 | 6400 | | 4 |
---|
6401 | 6401 | | 5 |
---|
6402 | 6402 | | 6 (a) As used in this act the following words or |
---|
6403 | 6403 | | 7 phrases shall be defined as follows: |
---|
6404 | 6404 | | 8 |
---|
6405 | 6405 | | 9 (xiv) "Publication" or "publish" for provisions |
---|
6406 | 6406 | | 10 other than election provisions, shall mean publication for |
---|
6407 | 6407 | | 11 |
---|
6408 | 6408 | | 12 at least once a |
---|
6409 | 6409 | | 13 week for three (3) consecutive weeks by three (3) weekly |
---|
6410 | 6410 | | 14 insertions in at least one (1) newspaper of general |
---|
6411 | 6411 | | 15 circulation in the district, the first publication |
---|
6412 | 6412 | | 16 in |
---|
6413 | 6413 | | 17 the district being at least fifteen (15) days prior to the |
---|
6414 | 6414 | | 18 designated time or event. |
---|
6415 | 6415 | | 19t shall not be necessary that publication be |
---|
6416 | 6416 | | 20 made on the same day of the week in each of the three (3) |
---|
6417 | 6417 | | 21 calendar weeks, but not less than fourteen (14) days shall |
---|
6418 | 6418 | | 22 intervene between the first publication and the last |
---|
6419 | 6419 | | 23 publication, and publication shall be complete on the day 2025STATE OF WYOMING25LSO-0590285HB0298 |
---|
6420 | 6420 | | 1 of the last publication. Publication requirements for any |
---|
6421 | 6421 | | 2 election under this act shall be as specifically provided |
---|
6422 | 6422 | | 3 in this act, or if not specifically provided in this act, |
---|
6423 | 6423 | | 4 as required in the Special District Elections Act of 1994; |
---|
6424 | 6424 | | 5 |
---|
6425 | 6425 | | 6 |
---|
6426 | 6426 | | 7 |
---|
6427 | 6427 | | 8 (g) The district shall be subject to an audit or |
---|
6428 | 6428 | | 9 oversight of its accounts by the director of the state |
---|
6429 | 6429 | | 10 department of audit or his designee as required by W.S. |
---|
6430 | 6430 | | 11 9-1-507(a)(iii). The board of directors shall cause an |
---|
6431 | 6431 | | 12 audit or other oversight to be made of all financial |
---|
6432 | 6432 | | 13 affairs of the district during each fiscal year ending June |
---|
6433 | 6433 | | 14 30, during the next succeeding six (6) months. If an audit |
---|
6434 | 6434 | | 15 is required, a summary of the financial statement shall be |
---|
6435 | 6435 | | 16 certified by the person making the audit, which shall be |
---|
6436 | 6436 | | 17 published |
---|
6437 | 6437 | | 18 in a newspaper of |
---|
6438 | 6438 | | 19 general circulation in the district, one (1) issue during |
---|
6439 | 6439 | | 20 the next succeeding two (2) weeks following the audit. |
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6440 | 6440 | | 21 Except as provided in W.S. 9-1-507(d), the audit, if |
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6441 | 6441 | | 22 required, shall be made by a certified public accountant, |
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6442 | 6442 | | 23 who is not otherwise employed by the district. 2025STATE OF WYOMING25LSO-0590286HB0298 |
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6443 | 6443 | | 1 |
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6444 | 6444 | | 2 |
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6445 | 6445 | | 3 |
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6446 | 6446 | | 4 |
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6447 | 6447 | | 5 |
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6448 | 6448 | | 6 |
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6449 | 6449 | | 7 The board may provide for the publication |
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6450 | 6450 | | 8 once in a newspaper |
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6451 | 6451 | | 9 of general circulation in the district of any resolution or |
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6452 | 6452 | | 10 other proceedings adopted by the board ordering the |
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6453 | 6453 | | 11 issuance of any bonds. For a period of thirty (30) days |
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6454 | 6454 | | 12 after the date of such publication, any person in interest |
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6455 | 6455 | | 13 shall have the right to contest the legality of any bond |
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6456 | 6456 | | 14 which may be authorized thereby (except for any bond |
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6457 | 6457 | | 15 delivered for value, containing a recital therein that it |
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6458 | 6458 | | 16 is issued under authority of this act, and thus being |
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6459 | 6459 | | 17 incontestable for any cause whatsoever, as herein |
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6460 | 6460 | | 18 provided), and of the provisions made for the security and |
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6461 | 6461 | | 19 payment of any such bonds, and of any other provisions in |
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6462 | 6462 | | 20 such resolution or proceedings; and after the expiration of |
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6463 | 6463 | | 21 such thirty (30) day period no one shall have any cause of |
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6464 | 6464 | | 22 action to contest the regularity, formality, or legality |
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6465 | 6465 | | 23 thereof for any cause whatsoever. 2025STATE OF WYOMING25LSO-0590287HB0298 |
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6466 | 6466 | | 1 |
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6467 | 6467 | | 2 |
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6468 | 6468 | | 3 |
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6469 | 6469 | | 4 |
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6470 | 6470 | | 5 (c) The state engineer shall publish a reasonable |
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6471 | 6471 | | 6 summary of the application for three (3) consecutive weeks |
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6472 | 6472 | | 7 in at least three (3) newspapers of general circulation |
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6473 | 6473 | | 8 within the state and if the proposed point of diversion is |
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6474 | 6474 | | 9 within Wyoming, publish the notice in at least one (1) |
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6475 | 6475 | | 10 newspaper of general circulation in the county where the |
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6476 | 6476 | | 11 diversion point is to be located, or the state engineer |
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6477 | 6477 | | 12 |
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6478 | 6478 | | 13 |
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6479 | 6479 | | 14. |
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6480 | 6480 | | 15 |
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6481 | 6481 | | 16. The secretary of state shall establish the |
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6482 | 6482 | | 17 centralized electronic notice system and promulgate all |
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6483 | 6483 | | 18 rules necessary to implement the provisions of this act not |
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6484 | 6484 | | 19 later than January 1, 2026. |
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6485 | 6485 | | 20 |
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6486 | 6486 | | 21There is appropriated two hundred fifty |
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6487 | 6487 | | 22 thousand dollars ($250,000.00) from the general fund to the |
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6488 | 6488 | | 23 secretary of state's office for the purpose of creating and 2025STATE OF WYOMING25LSO-0590288HB0298 |
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6489 | 6489 | | 1 maintaining the centralized electronic notice system as |
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6490 | 6490 | | 2 required by section 1 of this act. This appropriation shall |
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6491 | 6491 | | 3 be for the period beginning with the effective date of this |
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6492 | 6492 | | 4 act and ending June 30, 2026. This appropriation shall not |
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6493 | 6493 | | 5 be transferred or expended for any other purpose and any |
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6494 | 6494 | | 6 unexpended, unobligated funds remaining from this |
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6495 | 6495 | | 7 appropriation shall revert as provided by law on June 30, |
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6496 | 6496 | | 8 2026. It is the intent of the legislature that the |
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6497 | 6497 | | 9 secretary of state include the portion of this |
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6498 | 6498 | | 10 appropriation that is necessary for the maintenance of the |
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6499 | 6499 | | 11 centralized electronic notice system in the secretary of |
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6500 | 6500 | | 12 state's standard budget request for the immediately |
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6501 | 6501 | | 13 succeeding fiscal biennium. |
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6502 | 6502 | | 14 2025STATE OF WYOMING25LSO-0590289HB02981. |
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6503 | 6503 | | 2 |
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6504 | 6504 | | 3 (a) Except as provided in subsection (b) of this |
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6505 | 6505 | | 4 section, this act is effective January 1, 2026 |
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6506 | 6506 | | 5 |
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6507 | 6507 | | 6 (b) Sections 3, 4 and 5 of this act are effective |
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6508 | 6508 | | 7 immediately upon completion of all acts necessary for a |
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6509 | 6509 | | 8 bill to become law as provided by Article 4, Section 8 of |
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6510 | 6510 | | 9 the Wyoming Constitution. |
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6511 | 6511 | | 10 |
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6512 | 6512 | | 11 (END) |
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