§ 16-10-105 — Ordinance or resolution for construction; required and authorized provisions

(a) If the governing body of a city, town or county
desires to establish a surface water drainage utility pursuant
to this act, a county shall do so by resolution and a city or
town shall do so by ordinance. The resolution or ordinance shall
provide for the administration of the surface water drainage
utility either by the governing body of the city, town, county,
joint powers board or other board or entity selected by the
applicable governing body, including but not limited to a board
of public utilities formed pursuant to W.S. 15-7-401. The
ordinance or resolution shall contain the specific description
of the surface water drainage area to be served by the surface
water drainage utility.
(b) Subject to voter approval as provided by subsection
(e) of this section, a city, town, county or joint powers board
may fund the surface water drainage utility by general and
special funds, revenue or other bonds and other forms of
indebtedness, service charges or a combination of these sources.
The resolution or ordinance establishing the utility, or a
resolution or ordinance later adopted by the governing body,
shall specify the means of financing the surface water drainage
utility by one (1) or more of the following sources:
(i) Revenue or other bonds may be issued meeting the
procedural requirements and provisions of W.S. 35-2-425 through
35-2-428 as provided for the issuance of bonds by hospital
districts;
(ii) Service charges may be levied by the taxing
authority having jurisdiction where the property is located
against landowners served by the surface water drainage utility.
No service charges may be levied against land assessed as
agricultural land under W.S. 39-13-101(a) without the consent of
the landowner. Proceeds of the service charges may be used to:
(A) Finance the surface water drainage utility;
and
(B) Pledge the revenues derived from any service
charges for use of the surface water drainage utility, including
but not limited to:
(I) Pay the cost of designing, planning,
constructing, reconstructing, acquiring, operating, improving,
extending and maintaining the surface water drainage system;
(II) Provide an adequate depreciation fund;
(III) If revenue bonds or other forms of
indebtedness are issued, pay the principal and interest of the
bonds issued; and
(IV) Study surface water drainage
requirements.
(iii) Any other source of revenue including the
capital facilities tax collected under W.S. 39-15-203(a)(iii)
and 39-16-203(a)(ii) if so dedicated.
(c) The governing board shall by resolution or ordinance
set the portion of costs to be charged against landowners in the
city, town, county or portion thereof, if any, to be paid by the
county, city or town as a whole.
(d) The governing body shall not levy service charges
outside its jurisdiction without the approval of the governing
body having jurisdiction of the affected areas within the
surface water drainage area.
(e) A governing body shall not fund a surface water
utility until the proposition to impose the means of financing
the surface water drainage utility has been submitted to and
adopted by the electors within the proposed surface water
drainage area under this subsection. Upon adoption of a
resolution or ordinance pursuant to subsection (a) of this
section, the proposition to impose the means of financing the
surface water drainage utility shall be submitted to the
electors within the proposed utility on an election date
determined by the governing body and authorized under W.S.