§ 22-29-109 — County commissioners' action on formation petition

(a) A petition for formation of a district shall be filed
with the county commissioners. Before the petition is filed,
the county assessor and the department of revenue shall review,
within sixty (60) days of receiving notice of the petition, the
boundaries of the proposed district for any conflict, overlap,
gap or other boundary issue and make written comments thereon to
be submitted with the petition. Further, the petition shall be
approved by any agency required by the principal act to approve
the petition. If the petition satisfies all requirements of the
principal act, the county commissioners shall:
(i) Set a date for a hearing on the petition. The
hearing shall be held not less than forty-five (45) days nor
more than ninety (90) days after the date the petition is filed;
(ii) The county commissioners shall cause notice of
the hearing to be posted in at least three (3) public places and
published by two (2) insertions in a newspaper of general
circulation in that county or counties in which all or any part
of the district is proposed to be located. The last of the
notices shall be published at least ten (10) business days prior
to the hearing. The notice shall state:
(A) The purpose for which the district is to be
formed;
(B) The name and boundaries of the proposed
district;
(C) The time and place of the hearing on the
petition; and
(D) That all interested persons may appear and
be heard.
(b) Any person may appear at the hearing and shall be
heard concerning any and all matters affecting the creation of
the district, and a record of the proceedings shall be made and
kept as a part of the public records of the board of county
commissioners.
(c) At the time stated in the notice, the county
commissioners shall hear the petition and determine if the area
could be benefited by the formation of the district. It may
adjourn the hearing from time to time, but not exceeding four
(4) weeks in all unless additional notice is given. The county
commissioners may alter the boundaries set forth in the petition
to either include or exclude territory. In determining the
boundaries of the proposed district, the board shall consider
the benefit the proposed district will have within the territory
in or out of the proposed district. The commissioners shall not
modify the boundaries so as to exclude from the proposed
district any land which could be benefited by its formation, nor
shall there be included any land which will not, in the judgment
of the board, be benefited. In no event shall property which may
be subject to a district assessment be included in the
boundaries of a district if the owner of the assessed property
is precluded by applicable state or federal law, rule or
regulation from using the services provided by the formation of
the district.
(d) If the county commissioners determine, after
consultation with the county assessor, that any land has been
improperly omitted from the proposed district and that the owner
has not appeared at the hearing, the commissioners shall
continue the hearing and shall order notice given to the
nonappearing owner requiring the owner to appear before it and
show cause, if any, why the land of the owner should not be
included in the proposed district. The notice shall be given
either by posting and publication, in the same manner as notice
of the original hearing and for the same period, or by personal
service on each nonappearing owner. If notice is given by
personal service, service shall be made at least ten (10)
business days prior to the date fixed for the further hearing.
(e) If within thirty (30) days after adjournment of the
hearing, written protests, signed by the owners of at least
thirty-five percent (35%) of assessed valuation of property
included in the proposed district, are presented to the board of
county commissioners, the proposal and the district shall fail.
(f) If the county commissioners approve the petition for
formation, as presented or as modified, the county commissioners
shall enter an order declaring its approval. The order shall set
forth the name of the proposed district and a description of the
boundaries. Upon the entering of this order, the commissioners
shall direct that the question of formation of the district and
the election of the initial directors be submitted to the
electors of the proposed district to be held in their respective
counties by mail ballot or on the next election date authorized
under W.S. 22-21-103 which is at least one hundred ten (110)
days after the expiration of the thirty (30) day period
described in subsection (e) of this section.
(g) Any errors or changes on the map or in the legal
description shall be corrected, and the corrected version shall
be displayed at the polls on election day or included in each
mail ballot package. The map shall be developed after
consultation with the county assessor for each affected county
to ensure accuracy.