Ordinance

ORDINANCE 1, 2024

AN ORDINANCE CREATING THE VISTA GRANDE SANITARY SEWER EXTENSION LOCAL IMPROVEMENT DISTRICT, A LOCAL IMPROVEMENT DISTRICT FORMED UNDER THE LAWS OF THE STATE OF WYOMING, FOR THE CONSTRUCTION AND INSTALLATION OF SEWER LINES IN OR NEAR THE VISTA GRANDE SUBDIVISION; DESCRIBING THE SAME; DIRECTING THE ENGINEER TO PREPARE THE PLANS AND SPECIFICATIONS THEREFORE; FIXING THE BOUNDARIES OF SAID DISTRICT; AND RATIFYING ALL CONSISTENT ACTION PREVIOUSLY TAKEN CONCERNING SAID DISTRICT.

WHEREAS, on December 12, 2023, pursuant to W.S. §15-6-101, et.seq., the governing body of the Town of Pine Haven passed Resolution No. 33, 2023, declaring the intention of the governing body to create a local improvement district henceforth known as the Vista Grande Sanitary Sewer Extension Local Improvement District; and

WHEREAS, the Town Clerk gave fifteen (15) days notice to all legal owners of record of the property liable to assessment for the proposed improvements by publishing Resolution No. 33, 2023 in the Moorcroft Leader and by mailing a copy of the Resolution, postage pre-paid, to each such owner; and

WHEREAS, on January 10, 2023, said Resolution No. 33, 2023 again came before the governing body for public hearing and for purposes of considering any remonstrances and objections to the improvements proposed in said resolution; and

WHEREAS, the governing body heard verbal concerns from certain landowners within the proposed district; however, there were no written remonstrances or objections filed by any of the landowners within the proposed district; and

WHEREAS, protests against making of the improvements were not filed by legal owners of more than one half (½) of the area of the property subject to assessment therefore; and

WHEREAS, after careful consideration of the verbal comments made at the public hearing, the governing body has determined that it is in the best interest of the Town of Pine Haven to overrule any and all objections and proceed with the proposed improvements.

NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PINE HAVEN, CROOK COUNTY, WYOMING:

SECTION I. CREATION OF LOCAL IMPROVEMENT DISTRICT.

There is hereby created and established a local improvement district which shall henceforth be known as the Vista Grande Sanitary Sewer Extension Local Improvement District. Said district is created for the purpose of constructing and installing approximately 600 lineal feet of sanitary sewer lines, which will serve and/or benefit the lots and parcels of land hereinafter identified. Sanitary system improvements will also include all incidental work, including, but not limited to, pipe bedding, utility crossing, backfill and installation of any required fittings. Said improvements shall be located and installed as recommended by the Town Engineer.

SECTION II. LOCATION OF IMPROVEMENTS AND BOUNDARY OF DISTRICT.

The improvements proposed shall all be located within the boundaries of the district. The boundaries of the district shall include all property to be assessed for the improvements and shall be as follows:

Lot 13 of Glenn Vista Estates Subdivision to the Town of Pine Haven, Crook County, Wyoming According to the Amended Plat thereof recorded March 5, 1980 as Instrument Number 399392

Lot 17 of Glenn Vista Estates Subdivision to the Town of Pine Haven, Crook County, Wyoming According to the Amended Plat thereof recorded March 5, 1980 as Instrument Number 399392

Lot 18 of Glenn Vista Estates Subdivision to the Town of Pine Haven, Crook County, Wyoming According to the Amended Plat thereof recorded March 5, 1980 as Instrument Number 399392

Lot 19 of Glenn Vista Estates Subdivision to the Town of Pine Haven, Crook County, Wyoming According to the Amended Plat thereof recorded March 5, 1980 as Instrument Number 399392

Lot 21 of Glenn Vista Estates Subdivision to the Town of Pine Haven, Crook County, Wyoming According to the Amended Plat thereof recorded March 5, 1980 as Instrument Number 399392

Lot 25 of Glenn Vista Estates Subdivision to the Town of Pine Haven, Crook County, Wyoming According to the Amended Plat thereof recorded March 5, 1980 as Instrument Number 399392

Lot 26 of Glenn Vista Estates Subdivision to the Town of Pine Haven, Crook County, Wyoming According to the Amended Plat thereof recorded March 5, 1980 as Instrument Number 399392

All of the above property is located within the Town of Pine Haven, Crook County, Wyoming. The exact location of the improvements shall be as established by the Town Engineer.

SECTION III. DIRECTIVE TO TOWN ENGINEER.

The Engineer of the Town of Pine Haven is hereby directed to prepare and complete all plans and specifications necessary to facilitate completion of the improvements.

SECTION IV. ORDERING IMPROVEMENTS.

The construction of said improvements, as outlined in this Ordinance and as further detailed and specified by the Town Engineer, are hereby authorized and ordered to be completed.

SECTION V. ASSESSMENT.

The proposed sources of funds for the total intended improvement project shall be from certain ARPA Grant Funding as well as from certain improvement district assessments as follows:

ARPA Funding Grant $222,000.00

Town of Pine Haven, Sewer Reserve $159,652.00

That portion of the funds initially paid for from the Town of Pine Haven, Sewer Reserves will be assessed back to each of the properties described herein and located within the local improvement district. The Governing Body has determined that all properties within the proposed district will be benefitted equally by the improvements. Therefore, the Governing Body has not created separate assessment units within the local improvement district. Each of the properties described herein shall be assessed an equal amount of the total cost incurred by the Town of Pine Haven and not covered by the ARPA Funding Grant. Assuming a total cost to the Town of Pine Haven (not covered by the ARPA Funding Grant) of $159,652.00, the Governing Body would assess the properties within the district at $22,807.43.

The actual assessment amount to each of the properties in the district will be determined by the final cost of the project.

SECTION VI. RATIFICATION.

All action not inconsistent with the provisions of this ordinance heretofore taken by the governing body and the officers thereof shall be, and the same hereby are, ratified, approved and confirmed.

SECTION VII. SEVERABILITY.

Should the courts of this state or of the United States declare any section, provision, paragraph, clause, sentence, phrase or part thereof of this Ordinance invalid or unconstitutional or in conflict with any other section, provision, paragraph, clause, sentence, phrase, or part thereof of this Ordinance, then such decision shall affect only the section, provision, paragraph, clause, sentence, phrase or part thereof declared to be unconstitutional or unauthorized and shall not effect any other part whatsoever of this Ordinance.

SECTION VIII. REPEALING CLAUSE.

Any portion of any ordinance, order, by-law or resolution in conflict with this ordinance is hereby repealed.

Passed, approved and adopted on this 9th day of April, 2024.

TOWN OF PINE HAVEN:

By: Karla Brandenberg

Mayor

ATTEST:

Tammie McGovern

Town Clerk/Treasurer

Certificate of Posting:

I, Tammie McGovern as Town Clerk for the Town of Pine Haven, hereby certify that Ordinance #1, 2024, was posted on May 9, 2024.

Tammie McGovern

Town Clerk

First Reading: February 13, 2024

Second Reading: March 12, 2024

Third Reading: April 9, 2024

Publish: May 9, 2024