§ 35-3-120 — Bonds; judicial examination and approval; powers of court; confirmation or disapproval of issue; cost; history of proceedings; endorsement and registration

Wyoming § 35-3-120

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 3: SANITARY AND IMPROVEMENT DISTRICTS

Text

Upon the hearing of such special proceedings, the court shall
have power and jurisdiction to examine and determine the
legality and validity of, and approve and confirm or disapprove
and disaffirm each and all of the proceedings for the
organization of such district under the provisions of this act,
from and including the petition for the organization of the
district, and all other proceedings which may affect the
legality or validity of the bonds and the order of sale and the
sale thereof. The court in inquiring into the regularity,
legality or correctness of such proceedings, must disregard an
error, irregularity or omission which does not affect the
substantial rights of the parties to such special proceedings.
It may approve and confirm such proceedings in part and
disapprove and declare illegal or invalid other and subsequent
parts of the proceedings. The court shall find and determine
whether the notice of the filing of the petition has been duly
given and published for the time and in the manner prescribed in
W.S. 35-3-118. The costs of the special proceedings may be
allowed and apportioned between the parties in the discretion of
the court. If the court shall determine the proceedings for the
organization of the district and for the voting and issuing of
the bonds legal and valid, the board of trustees shall then
prepare a written statement beginning with the filing of the
petition for the organization of the district, including all
subsequent proceedings for the organization of the district and
voting and issuing of the bonds, and ending with the decree of
the court finding the proceedings for the organization of the
district and the proceedings for the voting and issuing of the
bonds legal and valid, and shall present such written statement
and the bonds to the director of the state department of audit.
The written statement shall be certified under oath by the board
of trustees of the district, and the director shall then examine
the statements and the bonds so submitted to him and if he is
satisfied that the bonds have been voted in conformity to law
and are in all respects in due form, he shall record the
statement and register the bonds in his office. No such bonds
shall be issued or be valid unless they shall be so registered
and have endorsed thereon a certificate of the examiner showing
that such bonds are issued pursuant to law, the data filed in
the office of the director being the basis of such certificate.