§ 15-1-410 — Annexing territories; extension of laws and rights; extension of public utility service

Wyoming § 15-1-410

• Jurisdiction: Wyoming
• Title 15: Cities and Towns
• Ch. 1: GENERAL PROVISIONS
• Art. 4: ANNEXATION; DETERMINATION OF BOUNDARIES

Text

(a) The territory and inhabitants of any annexed area are
subject to all the laws, ordinances, rules and regulations of
the city or town to which they are annexed and are entitled to
all the rights, privileges and franchises or other services
afforded the inhabitants thereof. The services shall be provided
in accordance with the timetable provided pursuant to W.S.
15-1-402(c)(iii). Notwithstanding any other provision of law,
no law, ordinance, rule or regulation of a municipality annexing
property under W.S. 15-1-404 shall restrict the continuous use
of the property by a current or subsequent owner of an interest
in the property, if the use was existing at any time within the
year prior to the date of annexation and was lawful at the time
the property was annexed. For purposes of this subsection, a
use which has been discontinued for any one (1) year period
after the date of annexation shall not be considered continuous
and shall not thereafter be reestablished unless in conformance
with current law, ordinance, rule or regulation.
(b) The governing body of the annexing municipality shall,
within thirty (30) days after the date of the annexation, give
written notice of the annexation to all public electric
utilities presently providing service within the annexed area
and, except in the case of an annexing municipality which owns
or operates its own electric utility, any area adjacent to the
annexed area. Except in the case of an annexing municipality
which owns or operates its own electric utility, any of those
public utilities required to be notified may, within sixty (60)
days after the date of annexation, petition the governing body
of the annexing city or town for a franchise to serve additional
portions within the annexed area or the entire annexed area.
Except in the case of a municipality which owns or operates its
own electric utility, any petitioning utility which does not
currently hold a certificate of public convenience and necessity
for the annexed area shall petition the public service
commission for a certificate to include the annexed area, and if
two (2) or more public electric utilities have been granted or
are seeking a certificate of public convenience and necessity to
serve the annexed area, the public service commission shall
determine, following a hearing, which utility or utilities
should be certificated in the public interest to provide service
to the annexed area. No recipient of a certificate of public
convenience and necessity shall serve any portion of the annexed
area without the consent of the governing body of the annexing
city or town and provided that the entire annexed area is served
under one (1) or more certificates of public convenience and
necessity.
(c) Except in the case of an annexing municipality which
owns or operates its own electric utility, the governing body of
the annexing municipality shall hold an appropriate public
hearing and, upon determining that one (1) or more petitioning
public utilities can meet the terms and conditions of a
franchise, issue franchises to one (1) or more utilities to
serve portions of or the entire annexed area.
(d) Notwithstanding any other provision of law, nothing
contained in this section shall limit the right of a
municipality which owns or operates its own electric utility to
extend its electric service into any area annexed by the
municipality, and nothing contained in this section shall
subject any such municipality to the jurisdiction of the public
service commission.