Chapter 15 - Senior Citizen Service Districts

CHAPTER 15 - SENIOR CITIZEN SERVICE DISTRICTS

 

18-15-101. Definition.

 

As used in this chapter"district" or "special district" means a senior citizenservice district organized under this chapter.

 

18-15-102. Formation of district; mill levy.

 

(a) A senior citizen service district, with boundaries of anyarea within county boundaries, may be formed in any county as provided by thischapter.

 

(b) Any board of county commissioners shall submit the questionof establishing a special district to the county clerk not later than the firstMonday in June in even-numbered years for submission of the question ofestablishing the special district to the resident electors of the proposeddistrict at the next primary election if:

 

(i) A majority of the board of county commissioners adopt aresolution favoring establishing a district; or

 

(ii) The board of county commissioners receives a petition forthe establishment of a special district signed by qualified electors residentin the proposed district equal in number to at least fifteen percent (15%) ofthe voters resident in the proposed district who voted in the last generalelection. The county clerk shall verify the signatures before consideration bythe board pursuant to this paragraph. The petition shall state:

 

(A) The proposed name of the district;

 

(B) A description of the territory proposed to be organized asa district, which description need not be given by metes and bounds or by legalsubdivisions, but is sufficient if generally accurate;

 

(C) A request that the board of county commissioners define theboundaries for the district. When more than one (1) petition is filed coveringparts of the same territory, the board may consolidate all or any suchpetitions, or may exclude from any petition areas in conflict with anotherpetition or petitions.

 

(c) The ballot proposition for formation of a district shallappear substantially as follows:

 

Shall the (name of district) senior citizen service district beestablished with a maximum levy of .... mills (not to exceed two (2) mills) tobe imposed on the taxable property of the district? Yes  No 

 

(d) If the proposition to authorize a mill levy is approved bythe qualified electors of the proposed district, the proposition to impose alevy in the same or at a different amount not to exceed two (2) mills, shall besubmitted to the resident electors within the proposed district at the firstgeneral election held two (2) years after the election authorizing the districtand at each general election thereafter, until defeated. If the proposition toimpose or continue a mill levy is defeated, the proposition shall not besubmitted to the electors for a period of not less than one (1) year.

 

18-15-103. When district considered established; failure to establishdistrict.

 

Ifa majority of the electors in the proposed district voting at the election votefor the establishment of the proposed district, the board of countycommissioners shall enter that fact upon its records and the district isestablished.

 

18-15-104. District a body corporate; name; powers.

 

(a) Each district established under this chapter is a bodycorporate and shall be designated by the name of "the .... senior citizenservice district."

 

(b) The district may:

 

(i) Hold property and be a party to contracts;

 

(ii) Sue and be sued;

 

(iii) Through its governing board acquire property for districtpurposes by gift, devise, bequest or purchase or contract for the acquisitionby purchase or lease of real and personal property and equipment;

 

(iv) Convey, lease and otherwise dispose of property fordistrict purposes;

 

(v) Establish sinking funds for district purposes;

 

(vi) Make rules and regulations as necessary for the properoperation of the district.

 

18-15-105. Election of trustees; generally.

 

(a) The district shall be managed by a board of five (5)trustees who shall serve without compensation.

 

(b) Members of the board shall be elected at the generalelection immediately following the primary election establishing the districtand at each general election thereafter, until the proposition establishing thedistrict is defeated.

 

18-15-106. Candidates to file petition; printing names of candidates onballot; publication of names.

 

(a) Candidates for the office of special district trustee shallfile an application in the office of the county clerk in substantially thefollowing form:

 

APPLICATIONFOR ELECTION FOR

 

SENIORCITIZEN SERVE DISTRICT TRUSTEE

 

I, the undersigned, certify that I was bornon ...., (year); and that I have been a resident of the State of Wyoming since....; that I am a registered voter of the .... senior citizen service districtand I do hereby request that my name, ...., be printed on the ballot of theelection to be held on the .... day of ...., (year), as a candidate for theoffice of .... for a term of two (2) years. I hereby declare that if I amelected, I will qualify for the office.

 

Dated: ....

 

.... (Signature of Candidate)

 

.... (Residence Address)

 

(b) Except for the election of the initial board of trustees,applications under subsection (a) of this section shall be filed not more thanninety-six (96) days and not later than seventy-four (74) days prior to theelection. For the election of the initial board of trustees, applicationsshall be filed not later than ten (10) days after the primary electionestablishing the district.

 

(c) All names filed shall be printed on a ballot and furnishedto each elector at each polling place on the day of election. Nothing in thissection shall be construed to prevent a voter from writing in the name of anyqualified person on the ballot. The names of all persons filing as candidatesshall be published in a newspaper of general circulation in the county notlater than the Saturday preceding the election.

 

(d) The official ballot shall contain the followinginformation:

 

(i) The name of the district;

 

(ii) The number of offices to be filled, the length of term foreach office and the number and names of candidates for each office for whomeach voter is entitled to vote.

 

(e) The names of candidates shall appear without partydesignation, one (1) name to a line. The names of candidates shall be rotatedby precinct. Sufficient blank lines for write-in candidates shall be providedfor each office.

 

(f) Unless otherwise provided, a district election shall begoverned by the laws regulating statewide elections and be conducted andcanvassed by the same election officials, using the same poll lists and at thesame times and polling places, as county elections.

 

18-15-107. Vacancies on district board of trustees.

 

If a vacancy occurs on any district boardof trustees, the vacancy shall be filled by appointment made by the board oftrustees. The appointee shall hold the office until his successor is electedand qualified.

 

18-15-108. Oath of trustees; bond.

 

(a) All trustees shall, within ten (10) days after theirelection, appear before a person qualified to administer oaths and take an oathfor the faithful performance of their duties in accordance with law and shalltransmit a written copy of the oath to the county clerk for the first electionand to the secretary of the district thereafter.

 

(b) Any district trustee authorized to handle funds, prior toentering upon the duties of his office, shall execute and file with the countyclerk his bond with one (1) or more sureties to be approved by the countyclerk, payable to the state of Wyoming in the penal sum of five thousanddollars ($5,000.00), conditioned upon the faithful performance by the trusteeof his official duties and the faithful accounting by him for all funds andproperty of the district that shall come into his possession or control duringhis term of office. The premium, if any, on any bond shall be paid out of thefunds of the district.

 

18-15-109. Selection of officers of board of trustees; quorum; trusteesnot to be interested in contracts, work done or property purchased by district.

 

(a) Annually, not later than December 1, the board of trusteesshall choose from their number a president, a treasurer and a secretary of thedistrict.

 

(b) The board of trustees may hold regular, special or recessedmeetings as the board determines. All meetings shall be in accordance withW.S. 16-4-401 through 16-4-408.

 

(c) A majority of trustees constitutes a quorum for thetransaction of board business.

 

(d) No trustee shall be directly or indirectly interestedfinancially in any contract, work done or property purchased by the district.

 

18-15-110. Administration of finances; assessment and levy of taxes.

 

(a) The board of trustees shall administer the finances of thedistrict in accordance with W.S. 16-4-101 through 16-4-124.

 

(b) The board of county commissioners, at the time of makingthe levy for county purposes, shall levy a tax for that year upon the taxableproperty in the district for necessary expenses of the district as determinedby the district board. In no case shall the tax for the district exceed in anyone (1) year the amount of two (2) mills on each dollar of assessed valuation. The taxes shall be collected at the same time and in the same manner as stateand county taxes. The tax levy provided by this section is not part of the generalcounty mill levy.

 

18-15-111. Fund; disposition of revenue; contract requirements.

 

(a) The revenues collected under the tax levy authorized byW.S. 18-15-110 shall be remitted by the county treasurer to the district to aseparate account and shall be used solely for senior citizen programs and forthe payment of bond premiums authorized by W.S. 18-15-108(b), but shall not beused for the purchase of real property or for capital constructionexpenditures. Senior citizen programs may include:

 

(i) Establishment or maintenance of programs or services forsenior citizen centers;

 

(ii) The expansion of existing senior citizen centers to provideprograms of nutrition, health or transportation if other sources of grant fundsare not available.

 

(b) The district may provide directly or contract for theprovision of senior citizen programs. Contracts for the provision of seniorcitizen programs shall:

 

(i) Require the provider, if an organization or agency, to beincorporated under the laws of this state as a nonprofit corporation prior tothe receipt of any funds;

 

(ii) Specify the manner in which the funds are expended and theservices provided; and

 

(iii) Require the provider of the programs to present an annualbudget for review to determine compliance with this chapter and for approval bythe district.