Chapter 1 - General Provisions
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE 1 - POWERS AND MISCELLANEOUS MATTERS
15-1-101. Definitions.
(a) As used in W.S. 15-1-101 through 15-10-117:
(i) "Any city or town" means any incorporatedmunicipality;
(ii) "Councilman or councilmen" means the individualselected to comprise the governing body of any city or town;
(iii) "Emergency ordinance" means an ordinance operatingfor the immediate preservation of the public peace, health, safety or welfare,in which the emergency is defined;
(iv) "First class city" means any incorporatedmunicipality having a population of four thousand (4,000) or more which hasbeen declared a first class city or which has taken the necessary steps to beand has been proclaimed a first class city;
(v) "Franchise" means the grant of authority to anyperson or firm by the governing body of any city or town to carry on theoperation of a public utility;
(vi) "Governing body" means the council or commissionconstituting the elected legislative body of any city or town including themayor who is the presiding officer;
(vii) "Local improvement" means any improvement madewithin any city or town, the cost of which may be assessed against the propertyspecially benefited thereby;
(viii) "Mayor" means the person elected, either bypopular vote or by vote of the governing body, to exercise the powers of theoffice and to be presiding officer of the governing body;
(ix) "Ordinance" means a legislative enactment ofgeneral effect validly adopted by the governing body of any city or town;
(x) "Person" means any individual, firm, partnership,corporation or other business entity, or the executor, administrator, trustee,receiver, assignee or personal representative thereof;
(xi) "Public improvement" means an improvement madewithin any city or town for which general bonded obligation may be incurred;
(xii) "Qualified elector" means any person possessingthe requisite qualifications to vote in any election conducted within a city ortown for the selection of mayors or councilmen;
(xiii) "Qualified member" means any member of agoverning body who was elected or appointed thereto in accordance with allapplicable provisions of law;
(xiv) "Town" means any incorporated municipality, not afirst class city;
(xv) "This act", unless otherwise specified, meansW.S. 15-1-101 through 15-10-117.
15-1-102. Prior incorporations and elections legalized.
Allincorporations and proceedings to incorporate cities and towns and allelections held in cities and towns, whether pursuant to the laws of theterritory of Wyoming, or the state of Wyoming, are legalized, notwithstandingany irregularity that may have occurred.
15-1-103. General powers of governing bodies.
(a) The governing bodies of all cities and towns may:
(i) Sue and be sued;
(ii) Have and use a common seal;
(iii) Purchase and hold real and personal property for their useincluding real estate sold for taxes;
(iv) Sell, convey and lease any estate owned and make any ordersrespecting it deemed to be in their best interest;
(v) Perform all acts in relation to the property and concernsof the city or town necessary to the exercise of its corporate powers;
(vi) Receive bequests, gifts and donations of all kinds ofproperty in fee simple, or in trust for public, charitable or other purposesand do all things necessary to carry out their intended purpose;
(vii) Control the finances of the corporation, includingproviding by ordinance for:
(A) The preparation, maintenance and retention of requiredrecords and accounts;
(B) Any required reports to the director of the statedepartment of audit's office; and
(C) If deemed necessary the preparation of independent auditsof the financial condition of the city or town, which shall be conducted by acertified public accountant or a public accountant who has been in the practiceof public accounting for a period of five (5) years as a principal.
(viii) Appropriate money by ordinance only and pay all necessaryexpenses, including supplies, salaries of employees and debts;
(ix) Levy and collect special assessments against persons orproperty to the extent allowed by the constitution and the law;
(x) Borrow money on the credit of the corporation for corporatepurposes as allowed by the constitution and the laws and issue warrants andbonds therefor in such amounts and forms and on such conditions as theydetermine;
(xi) Take all necessary action to plan, construct or otherwiseimprove, modify, repair, maintain and regulate the use of streets, includingthe regulation of any structures thereunder, alleys, any bridges, parks, publicgrounds, cemeteries and sidewalks;
(xii) In the manner provided in W.S. 15-7-301 through 15-7-305vacate from public use any property acquired or held for park purposes, if:
(A) Repealed by Laws 1984, ch. 15, 2.
(B) Repealed by Laws 1984, ch. 15, 2.
(C) Repealed by Laws 1984, ch. 15, 2.
(D) The city or town has held title to the property for morethan ten (10) years and no substantial use has been made thereof for parkpurposes; or
(E) The property will be used for public school or publiceducational purposes after the vacation.
(xiii) License, tax and regulate any business whatsoever conductedor trafficked in within the limits of the city or town for the purpose ofraising revenue, and any license taxes imposed shall be uniform in respect tothe class of business upon which imposed;
(xiv) Regulate or prohibit the running at large within the citylimits of any animals, impose a license fee for the keeping or harboring ofdogs and establish and provide for the operation of a pound;
(xv) Regulate, license, tax or prohibit saloons and shootinggalleries or places;
(xvi) Suppress or prohibit:
(A) All gambling games or devices except antique gamblingdevices as defined in W.S. 6-7-101(a)(x) and authorize the destruction thereof;
(B) Houses of prostitution and other disorderly houses andpunish the keeper thereof and persons resorting thereto; and
(C) Other disorderly and vicious practices or conduct.
(xvii) Restrain and punish vagrants, mendicants and prostitutes;
(xviii) Regulate, prevent or suppress riots, disturbances,disorderly assemblies or parades, or any other conduct which disturbs orjeopardizes the public health, safety, peace or morality, in any public orprivate place;
(xix) Declare and abate nuisances and impose fines upon partieswho create, continue or permit nuisances to exist;
(xx) Compel the attendance of witnesses for the investigation ofmatters before it and the presiding officer may administer the requisite oaths;
(xxi) Purchase, lease or rent land within or without thecorporate limits for the deposit of refuse matter, govern the use of the landand make reasonable rules and requirements for hauling refuse;
(xxii) Establish and regulate parks, zoological gardens andrecreation areas within the city limits and upon land owned, leased orcontrolled outside of the city limits provided:
(A) The municipal court of the city or town has jurisdiction topunish any violator of the ordinances of the city or town governing thoseareas;
(B) The state game and fish commission is authorized to furnishto any city or town any game or animals requested, and the city or town shallpay the necessary expenses.
(xxiii) Provide for the organization, support and equipping of afire department and:
(A) Prescribe rules, regulations and penalties for governingthe department;
(B) Establish regulations for the prevention of andextinguishing of fires;
(C) Make cooperative agreements or execute contracts for fireprotection in accordance with W.S. 15-1-121.
(xxiv) Prevent the dangerous construction and condition ofchimneys, fireplaces and any other heating appliance or apparatus used in andabout dwellings, factories and other buildings, and cause any such dangerouscondition or appliance to be removed or replaced in a safe condition, regulateand prevent the carrying on of manufacturing likely to cause fires and preventthe deposit of ashes in unsafe places;
(xxv) Prescribe the thickness, strength and manner ofconstructing any buildings and the construction of fire escapes therein, andprovide for their inspection;
(xxvi) Provide for the repair, removal or destruction of anydangerous building or enclosure;
(xxvii) Define fire limits and prescribe limits within which nobuilding may be constructed except of brick, stone, or other incombustiblematerial, without permission and cause the destruction or removal of anybuilding constructed or repaired in violation of any ordinance;
(xxviii) Regulate or prevent the storage, use and transportation ofany combustible or explosive material within the corporate limits or within agiven distance thereof;
(xxix) Appoint a board of health and prescribe its powers andduties and:
(A) Establish quarantine ordinances;
(B) Own and regulate convalescent homes, rest homes and hospitals;
(C) Contract for treatment and preventive services for thementally ill, substance abuser and developmentally disabled as provided in W.S.35-1-611 through 35-1-628.
(xxx) Divide the city or town into suitable districts forestablishing a system of drainage including surface water drainage, sanitarysewers and water mains and:
(A) Provide and regulate the construction, repair and use ofsewers and drains;
(B) Provide penalties for violations of regulations;
(C) Assess against the property concerned any penalty or costsand expenses in compliance with regulations.
(xxxi) Take any action to establish, alter and regulate as deemednecessary the channels of streams, water courses and any other public watersources or supplies within the city;
(xxxii) Establish, maintain and in a manner the governing bodydetermines provide for the housing of public libraries and reading rooms and inconnection therewith or separately public museums and:
(A) Purchase books and other appropriate material;
(B) Purchase and receive as gifts or on loan any books,pictures, articles or artifacts relating to the history, resources anddevelopment of the United States and its parts and lands;
(C) Place a museum temporarily in charge of donors; and
(D) Receive donations and bequests for the museum, in trust orotherwise, and make contracts and regulations for the care, protection andgovernment thereof.
(xxxiii) Grant franchises for such terms as the governing body deemsproper to any utility company, provided no franchise may be entered into withany person in which that person is given an exclusive right for any purposewhatsoever and:
(A) Grant to any franchisee utility company the privilege toinstall and maintain necessary installations under or over any streets, alleysor avenues;
(B) Contract for a specified time period with any franchiseeelectric light or gas company for the necessary energy and service for thelighting of streets, public buildings or other requirements of the city ortown;
(C) Upon renewal or initial grant or renewal after condemnationof a franchise, may provide in the franchise that the franchisee shall furnisha gas distribution system through which any supplier, including the franchisee,may sell and distribute natural gas as provided by subsection (b) of thissection, to any person served by the distribution system, provided that beforeany city or town implements this subparagraph, the question of whether or notto do so shall be submitted to and approved by a majority of the electors ofthe city or town voting on the question at a one-time election called for thatpurpose.
(xxxiv) Establish and regulate a police department, pass ordinancesrelating to the department and adopt job descriptions for all departmentpersonnel;
(xxxv) Exercise the power of eminent domain and take property forpublic use within and without the city limits for any necessary or authorizedpublic purpose as defined by W.S. 1-26-801(c);
(xxxvi) Require all buildings to be numbered by the owners,lessees, occupants or agents and in case of failure to comply with suchrequirements, cause the numbering to be done and assess the costs against theproperty or premises numbered;
(xxxvii) In addition to the appointed officers and employeesprovided by law, establish other positions as are necessary for the efficientoperation of the city or town and:
(A) Prescribe duties and rules of all appointees;
(B) Determine working conditions or pay scales andsupplementary benefits, as long as those provisions are not in conflict withexisting statutes;
(C) During an emergency or special conditions warranting, makeadditional temporary appointments;
(D) Specify by ordinance that if any person is removed fromoffice for incompetency, neglect of duty or otherwise for cause, the chargesagainst that person shall be specified and the person removed shall be providedan opportunity for a hearing on the charges under procedures established in theordinance;
(E) Make the cause of removal a matter of record.
(xxxviii) Cause compilations, codifications and comprehensiverevisions to be made of all ordinances in force and provide for theirdistribution, sale and exchange;
(xxxix) Lease lands owned or possessed outside the corporate limitswhich contain caves, caverns, or other natural formations to any person for thedevelopment and use of the natural formations on terms and conditions approvedby the governing body;
(xl) With written permission of the landowner or governmentalagency involved, reclaim for beneficial use substandard lands by fillingexcavations and other depressions with refuse from the cities and towns,provided the deposit of refuse and the reclamation of the lands shall be donein a manner approved by the landowner, adjoining landowners and in accordancewith any applicable laws or ordinances;
(xli) Adopt ordinances, resolutions and regulations, includingregulations not in conflict with this act and necessary for the health, safetyand welfare of the city or town, necessary to give effect to the powersconferred by this act and, except as provided by paragraph (xlvi) of thissubsection, enforce all ordinances by imposing fines not exceeding sevenhundred fifty dollars ($750.00), or imprisonment not exceeding six (6) months,or both. The governing body of a city or town may by ordinance impose a term ofprobation for battery which may exceed the maximum term of imprisonmentestablished for the offense provided the term of probation, together with anyextension thereof, shall in no case exceed one (1) year;
(xlii) Subject to subsection (d) of this section, take any actionnecessary to acquire any needed or useful property, or to construct, maintain,repair or replace any lawful improvement, development, project or otheractivity of any kind, or to participate, join or cooperate with othergovernments or political subdivisions, or departments or agencies thereof, forwhich funds may be borrowed from, granted or made available in whole or inpart, on a matching basis or otherwise, by the United States of America or thestate of Wyoming, or any subdivision, department or agency of either;
(xliii) License and regulate pawnbrokers and junk or secondhanddealers and provide for the examination of premises and business property ofsuch persons pursuant to law for the purpose of discovering stolen property;
(xliv) Take into custody abandoned, or junk motor vehicles andparts or remains thereof which are nuisances and are on public property or onpublic streets, alleys and ways and:
(A) Remove and store the vehicles or parts at the expense ofthe owner;
(B) Permit redemption of the vehicles or parts;
(C) If not redeemed after giving public notice sell thevehicles or parts without warranty;
(D) Pay expenses from the sale; and
(E) After lapse of a reasonable length of time, depositunclaimed proceeds from the sale of vehicles or parts into the general fund ofthe municipality.
(xlv) Contract with nonprofit corporations, hospitals and clinicsto provide human services for persons within its jurisdiction;
(xlvi) Adopt ordinances establishing pretreatment standards andrequirements for municipal waste water collection systems and provide forenforcement of the standards and requirements through:
(A) Injunctive relief; and
(B) The assessment against industrial users of civil orcriminal penalties for violations of, or noncompliance with, the pretreatmentstandards and requirements, provided the civil penalty shall not be less thanone thousand dollars ($1,000.00) and shall not exceed ten thousand dollars($10,000.00) a day for each day of violation. The proceeds of any civil penaltyimposed by a district court under any ordinance adopted pursuant to thisparagraph shall be deposited in the general fund of the city or town.
(xlvii) By ordinance, prohibit or authorize and regulate theoperation of golf carts as defined under W.S. 31-5-102(a)(lxi) on publicstreets and roadways within the corporate boundaries of the city or town;
(xlviii) Repealed By Laws 1999, ch. 22, 2.
(xlix) Unless specifically prohibited by statute, acceptnegotiable paper in payment of any tax, assessment, license, permit, fee, fineor other money owing to the city or town or collectible by the city or town onbehalf of the state or other unit of government, or in payment of any baildeposit or other trust deposit. As used in this paragraph, negotiable papermeans money orders, paper arising from the use of a lender credit card asdefined in W.S. 40-14-140(a)(ix), checks and drafts, including, withoutlimitation, sales drafts and checks and drafts signed by a holder of a lendercredit card issued by a bank maintaining a revolving loan account as defined inW.S. 40-14-308, for lender credit card holders. The acceptance of negotiable paperby the governing body under this subsection shall be in accordance with andsubject to the same terms and conditions provided by W.S. 18-3-505. Any feesassessed for processing a credit card payment may be borne by the governingbody of the city or town or person tendering payment. Any fees assessed forprocessing a credit card payment collected on behalf of the state shall beborne by the governing body of the city or town or person tendering payment andnot by the state;
(l) Appoint special municipal officers, who are not certifiedas peace officers, to issue citations to individuals for the limited purpose ofenforcing ordinances, resolutions and regulations in the areas of animalcontrol, parking and municipal code enforcement. Special municipal officersare not law enforcement officers:
(A) For purposes of employee benefits provided in title 9 ofWyoming statutes;
(B) Are not peace officers for purposes of title 6 or title 7of Wyoming statutes;
(C) Are not peace officers for purposes of W.S. 1-39-112;
(D) Shall not be required to carry a firearm;
(E) Shall not have the power of arrest;
(F) Shall not be issued a peace officer's badge; and
(G) Shall not represent themselves to be peace officers.
(b) Any franchise granted pursuant to subparagraph(a)(xxxiii)(C) of this section is subject to the following:
(i) The franchise agreement shall specify who is responsiblefor deliverability;
(ii) The distribution system shall continue to be a publicutility whose charges are regulated by the public service commission. Thecharges shall reflect the reasonable nongas costs subject to management auditas the public service commission deems necessary plus a reasonable return oninvestment;
(iii) Any city or town or its authorized representative shall actas an agent for any person served by the system in negotiating terms andconditions for the supply of natural gas to that person, and the franchiseedistribution system shall accept for delivery to any person served by thesystem, natural gas from any supplier;
(iv) The public service commission shall designate a place orplaces in the vicinity of the distribution system for the acceptance of naturalgas not supplied by franchisee;
(v) The public service commission shall adopt and enforceminimum quality standards for all gas delivered to the distribution system. These standards shall reflect the practices of the operators of thedistribution system unless good cause is shown for different standards. Thestandards shall be designed to facilitate the commingling of gas from differentsuppliers;
(vi) As soon as there are at least two (2) suppliers offeringnatural gas to all customers served by the franchisee and as soon as theadditional supplier or suppliers are capable of delivering gas in at leastone-third (1/3) of the volume required by the entire distribution systemprovided that the public service commission finds that the suppliers own orcontrol, and have committed to guaranteed delivery, reserves of natural gassufficient to supply ten (10) years of demand at that level, then all personssupplying gas shall have the authority to set their own prices. The proposedsupplier has the burden of proving adequate reserves and deliverability. TheWyoming oil and gas commission shall report to the public service commission onthe adequacy and deliverability when a utility gas supply is proposed to bedisplaced under this act;
(vii) Subject to the availability of pipeline capacity and therequirements of federal law and regulations the public service commission may,after notice and hearing if necessary, designate any point in the state on agas pipeline operated for the purpose of delivering gas to the distributionsystem or its parent or subsidiary company as a point for receipt of gas to thesystem and regulate the charges for shipping gas from that point to thesystem. If a pipeline has insufficient capacity the public service commissionconsistent with W.S. 30-5-125 may require it to accept gas that has a lowerprice to the consumer in preference to higher price gas. The public servicecommission may impose any conditions or requirements pursuant to thissubsection that are necessary to protect the public health, safety and welfare,to ensure the efficient operation of the natural gas distribution and supplysystem and to ensure the lowest possible price to retail customers, includingbut not limited to proper assignment of costs of connecting suppliers to thesystem;
(viii) When a city renews or grants a franchise for the supply ofnatural gas under subparagraph (a)(xxxiii)(C) of this section, the publicservice commission may require that the distribution of gas in surroundingunincorporated areas also be made subject to the terms of the same franchise;
(ix) If a distribution system has only one (1) supplier ofnatural gas all prices charged in that franchise are subject to W.S. 37-2-121and 37-2-122;
(x) All suppliers of gas to the distribution system shallannually report to the public service commission the annual consumption ofnatural gas by their customers of record at the date of the report and theirnatural gas reserves. If their natural gas reserves are less than a five (5)year supply, the public service commission may forbid any supplier from servingnew customers until the reserves are equal to a five (5) year supply for allcustomers;
(xi) Any supplier entering the system under this subsection isliable for injuries, damages or other losses to the extent to which theinjuries, damages or other losses are proximately caused by the supplier'soperations within the system and are due to failure of the supplier to exercisethat standard of care which a reasonable, prudent person would exercise underthe same or similar circumstances to avoid an undue risk of harm or are due tothe supplier's failure to deliver contracted amounts of natural gas.
(c) Any provision in a gas purchase contract which contains orcreates an indefinite escalator clause, otherwise known as a "favorednation treaty" provision, is contrary to the public policy of the stateand is void and unenforceable if:
(i) The contract is to sell gas to the holders of amunicipality franchise which supplies retail customers in the state;
(ii) The contract provides for the sale in the state of gasproduced within the state;
(iii) The contract gas price is in excess of the general marketprice which would otherwise exist in the absence of the indefinite escalatorclause; and
(iv) The higher price resulting from the application of the escalatorclause is not required by any enforceable provision of statutes or regulationsenacted or adopted pursuant to the Natural Gas Policy Act of 1978 or otherappropriate statutes and regulations of the United States.
(d) Before the governing body of a city or town enters into anagreement to borrow money from the United States of America or from the stateof Wyoming, or from any subdivision, agency or department of either, to fund apublic improvement project to be repaid solely from revenues generated by theenterprise with which the financed project is associated, the proposal to enterinto the loan agreement shall be submitted to and approved by the electors ofthe city or town in the same manner and pursuant to the same procedures asprovided for bond issues under the Political Subdivision Bond Election Law, ifthe total amount to be borrowed for the project exceeds the greater of:
(i) Five million dollars ($5,000,000.00); or
(ii) An amount calculated by multiplying the number ofindividuals to be served by the proposed public improvement project times onethousand two hundred dollars ($1,200.00).
15-1-104. Authority to carry liability insurance.
(a) Any city or town may carry liability insurance in an amountthe governing body deems necessary. The insurance shall be:
(i) On standard policy forms approved by the state insurancecommissioner;
(ii) With companies authorized to do business in Wyoming;
(iii) Paid out of the general fund of the city or town.
15-1-105. Governing bodies; meetings; quorum; executive sessions.
Public meetings of the governing body shallbe held in accordance with W.S. 16-4-401 through 16-4-408. Special meetingsmay also be called by a majority of the qualified members of the governingbody. A majority of all the qualified members of the governing body constitutesa quorum for the transaction of business, but any number may adjourn a meetingto compel the attendance of and punish absent members. If the nature of thebusiness so requires, the governing body by a vote of two-thirds (2/3) of themembers present, may go into executive session and exclude the publictherefrom.
15-1-106. Conduct and journal of governing body's proceedings.
Thegoverning body shall determine the rules for the conduct of its proceedings,and shall keep a journal thereof which is a public record. The manner in whicheach member of the governing body votes on any matter upon which a vote istaken shall be entered in the journal.
15-1-107. Vacancies in offices; grounds; how filled.
(a) A vacancy exists in the office of mayor or councilman ifduring the term for which elected any mayor or councilman:
(i) Except as provided in W.S. 22-23-103, fails the residencyrequirements as defined by local ordinance for the city, town or ward;
(ii) Is convicted of a felony;
(iii) Fails to attend four (4) or more consecutive regularlyscheduled meetings of the council without an excused absence as determined by amajority of the council according to procedures adopted pursuant to subsection(b) of this section; or
(iv) Meets any other condition specified in W.S. 22-18-101.
(b) The governing body, by ordinance, shall specify theprocedure for determining whether a vacancy exists.
(c) If a vacancy is determined to exist, the governing bodyshall appoint an eligible person to the office who shall serve until hissuccessor is elected at the next general municipal election and qualified. Ifthe entire council is vacant, the district judge for the district in which thecity or town is located shall appoint a person to fill each vacancy and serveuntil the next general municipal election at which time a successor shall beelected to fill the unexpired portion of each term.
(d) A vacancy in the office of mayor shall be filled only fromthe governing body.
(e) Vacancies in appointive offices shall be filled in themanner provided for initial appointments.
15-1-108. Powers and duties of mayor; appointment of mayor pro tem.
(a) Unless otherwise provided by statute, the mayor shall:
(i) Preside at all meetings of the governing body, and in hisabsence a councilman shall be appointed to act as mayor pro tem;
(ii) Have superintending control of all officers and affairs ofthe city or town;
(iii) Take care that the ordinances and laws are complied with;
(iv) Administer oaths;
(v) Sign commissions and appointments and all bonds, contractsand other obligations required to be signed in the name of the city or town;and
(vi) Have one (1) vote on all matters coming before the governingbody upon which a vote is taken, except a vote:
(A) To override a veto;
(B) To confirm an appointment other than a vote to break a tievote of the governing body; and
(C) Pursuant to a hearing for removal or discharge as providedin W.S. 15-2-102(b)(iv)(C) or 15-3-204(b)(iv)(C).
(b) Repealed by Laws 1984, ch. 15, 2.
15-1-109. When clerk may administer oaths.
(a) The clerk of any city or town may administer oaths topersons for any city or town purpose for which an oath is required orauthorized by law.
(b) In adding his jurat to any oath he administers, the clerkshall attach the official seal of the city or town to the jurat.
15-1-110. Minutes of meetings and titles of ordinances passed to bepublished; exception; contents; publication of names, salaries and wages ofspecified officials and employees; "department head" defined.
(a) The governing body of any city or town shall designate alegal newspaper and publish once therein the minutes of all regular and specialmeetings of the governing body and the titles of all ordinances passed. If anewspaper is not published in the city or town the proceedings or ordinancesshall be posted for at least ten (10) days in the city or town clerk's officeand in such other places as the governing body determines. The clerk of eachcity or town shall within twelve (12) days after adjournment of every meeting,furnish the newspaper a copy of the proceedings of the meeting. Except forsalaries and wages published under subsection (b) of this section, the copyshall include any bill presented to the governing body stating the amount ofthe bill, the amount allowed, the purpose of the bill and the claimant. Claimsfor part-time employees may be summarized by department without listing eachpart-time employee. The newspaper shall publish the copy of proceedings withinnine (9) days after receipt.
(b) A city or town required to publish minutes under subsection(a) of this section shall separately publish:
(i) During January and July of each year, the name, positionand gross monthly salary of each chief administrative official, assistantadministrative official and department head including elected officials. Thepublication shall also include a list of all other full-time positions employedby the city or town without the name of the current employee, including thegross monthly salary for each position. A brief statement shall accompany thesalary publication specifying that all salaries are listed as gross monthlysalaries or actual monthly wages, not including any fringe benefits such ashealth insurance costs, life insurance benefits and pension plans. Thestatement shall also indicate that the salaries or wages do not include anyovertime the employee may earn which would be paid by the city or town; and
(ii) During March of each year, a complete list of all chiefadministrative officials, assistant administrative officials, electedofficials, department heads and full-time employees of the city or townspecified by name and position, excluding salaries.
(c) As used in this section, "department head" meansany employee responsible for the operation of a major functional area of thecity or town who reports directly to the chief administrative official.
(d) Subsection (b) of this section shall not apply toundercover personnel working in the law enforcement field.
15-1-111. Appropriations for advertisement of resources authorized;exception.
(a) The governing body of any city or town may makeappropriations from the city or town general fund for:
(i) Advertising the resources of the city or town;
(ii) Furthering its industrial development; or
(iii) Encouraging exhibits at fairs, expositions and conventions.
(b) No appropriation may be for the express aid of any privatecitizen, firm or corporation.
15-1-112. Manner of disposing of municipal property; when advertisingand bids not necessary.
(a) Except as otherwise provided in subsection (b) of thissection and W.S. 15-1-113(a), before the sale of any property of any city ortown valued at five hundred dollars ($500.00) or more, an advertisement of theintended sale, describing the property and the terms of the sale, shall bepublished at least once each week for three (3) consecutive weeks in anewspaper having general circulation in the community, announcing a publicauction or calling for sealed bids for purchase of the property. The propertyshall be sold to the highest responsible bidder, unless the governing body ofthe city or town rejects all bids. The responsibility of the bidders shall bedetermined by the governing body of the city or town.
(b) Any city or town, upon terms the governing body thereofdetermines, without advertising the sale or calling for bids, and after apublic hearing, notice of which shall include the appraised value of all realproperties involved and notice of proposed terms of any contract with anindependent agency pursuant to paragraph (iii) of this subsection and ispublished at least once each week for three (3) consecutive weeks in anewspaper of general circulation in the county in which the city or town islocated, may:
(i) Sell any property to:
(A) The state of Wyoming for the use of any agency orinstrumentality thereof;
(B) Any agency or instrumentality of the state or federalgovernment authorized to hold property in its own name;
(C) Any political subdivision of the state;
(D) Any person acquiring the property for a use which thegoverning body determines will benefit the economic development of themunicipality.
(ii) Trade any real property the city or town owns for any otherreal property;
(iii) Contract with an independent agent to sell individualparcels of land for development as reasonable cost housing alternatives forprospective homeowners, provided the parcels have not been previously developedbeyond the installation of basic utilities and a foundation.
15-1-113. Contracts for public improvements.
(a) All contracts for any type of public improvement, excludingcontracts for professional services or where the primary purpose is emergencywork or maintenance, for any city or town or joint powers board wherein atleast one (1) member is a municipality shall be advertised for bid or forresponse if a request for proposal or qualification for construction manageragent, construction manager at risk or design-builder is used, if the estimatedcost, including all related costs, exceeds a bid threshold of thirty-fivethousand dollars ($35,000.00), except that a contract for the purchase or leaseof a new automobile or truck shall be advertised regardless of cost and ifthere is an automobile or truck for trade-in, it shall be included as a part ofthe advertisement and bid. The requirements of W.S. 15-1-112(a) do not applyto any city or town trading in an automobile or truck on the purchase of a newautomobile or truck.
(b) The advertisement shall be published on two (2) differentoccasions, at least seven (7) days apart, in a newspaper having generalcirculation in the city or town, or if a joint powers board in any city or townwhich is a member of the board. The published notice shall state the place,date and time when the bids or proposals will be received and bids will bepublicly opened and the place where interested persons may obtain complete specificationsof work to be performed.
(c) If the contract is let for bid, the contract shall be letto the lowest bidder who shall be determined qualified and responsible in thesole discretion of the governing body. The governing body may use alternate designand construction delivery methods as defined under W.S. 16-6-701 if deemedappropriate. The governing body may reject all bids or responses submitted ifit finds that none of them would serve the public interest. For contracts inexcess of five hundred thousand dollars ($500,000.00), cities, towns and jointpowers boards may prequalify contractors who wish to submit bids or responsesbased on such criteria as the project type and experience, expertise,professional qualifications, past performance, staff proposed, scheduleproposed, financial strength, qualification of supervisors proposed to be used,technical solutions proposed or references.
(d) Every contract shall be executed by the mayor or in hisabsence or disability, by the president or other presiding officer of thegoverning body and by the clerk or designee of the governing body. Thesuccessful bidder or respondent shall furnish to the city, town or joint powersboard a bond as specified in the advertisement, or if the contract price is onehundred thousand dollars ($100,000.00) or less, any other form of financialguarantee satisfactory to the city, town or joint powers board. The bond orother form of financial guarantee shall meet the requirements of W.S. 16-6-112.
(e) Before advertising for a bid for any work on theconstruction of any public improvements and except as provided under W.S.16-6-707 for alternate design and construction delivery methods, detailed plansand specifications shall be prepared, together with an estimate of the probablecost and a form of the proposed contract. Except as provided under W.S.16-6-701 through 16-6-706, no contract may provide for the monthly retention ofmore than ten percent (10%) of the contract price on the amount of work doneduring the month, as shown by the estimate of the city or town engineer ordesignated local official. No progress payment may be made until the city ortown engineer or designated local official has furnished the estimate, togetherwith a certificate that the amount of work estimated to have been done conformsin all material respects with the requirements of the contract. A joint powersboard may designate an official of any member city or town to perform thefunctions required by this subsection.
(f) In advertising for any bid, the forms of guarantee requiredunder this section and approved by the city, town or joint powers board shallbe specified. In addition, bidders shall be required to accompany each bidwith a bid bond or if the bid is one hundred thousand dollars ($100,000.00) orless, any other form of bid guarantee approved by the city, town or jointpowers board, equal to at least five percent (5%) of the total bid amount, withsufficient surety and payable to the city, town or joint powers board. The bidguarantee shall be forfeited as liquidated damages if the bidder, upon theletting of the contract to him, fails to enter into the contract within thirty(30) days after it is presented to him for that purpose or fails to proceedwith the performance of the contract. The bid guarantee shall be retained bythe city, town or joint powers board until proper bond or other form ofsecurity satisfactory to the city, town or joint powers board to secureperformance of the contract has been filed and approved. The right to rejectany bid is reserved in all bid advertisements. All bids shall be numberedconsecutively before they are opened and no further bids may be received afterthe advertised time of opening bids and any bid is publicly opened. The city,town or joint powers board shall give all persons who desire an opportunity toinspect all bids when they are opened. No bid may be considered unlessaccompanied by a bid guarantee in the required amount.
(g) No contract for which a bond or other form of financialguarantee approved by the city, town or joint powers board is required may beassigned or transferred in any manner except by operation of law or consent ofthe governing body endorsed on the contract. Assignment by any other meansrenders the contract null and void as to any further performance by thecontractor or the assignee, without any act on the part of the city, town orjoint powers board. The city, town or joint powers board may at once proceed torelet the contract or may at its discretion proceed to complete the contract asagent at the expense of the contractor and his sureties.
(h) Before any contractor or his representative receives afinal payment on any contract for which a bond or other financial guarantee isrequired, the city, town or joint powers board shall publish in a newspaper ofgeneral circulation in the city or town, or in the case of a joint powers boardin any member city or town, at least ten (10) days prior to the final payment,a notice to the effect that persons having claims for labor and materialfurnished the contractor shall present them to the city, town or joint powersboard prior to the date specified for payment.
(j) Any officer or employee of the city, town or joint powersboard who aids any bidder or respondent in securing a contract to furnishlabor, material or supplies at a higher or lower price than that proposed byany other bidder or respondent, or who favors one bidder or respondent overanother by giving or withholding information, or who willfully misleads anybidder or respondent in regard to the character of the material or suppliescalled for, or who knowingly certifies to a greater amount or different kind ofmaterial or supplies than has been actually received, is guilty of malfeasance,which renders his office vacant.
(k) If an officer or employee is charged under subsection (j)of this section:
(i) The officer or employee:
(A) Is entitled to a hearing before the governing body;
(B) Shall be served a copy of the charge at least ten (10)working days before the hearing;
(C) May present a defense in person or by counsel; and
(D) May have the finding of the governing body appealed to thedistrict court.
(ii) The governing body of the city, town or joint powers boardshall hold a hearing on its own motion or when the charge is signed by at leastten (10) qualified electors of the city or town, or in the case of a jointpowers board ten (10) qualified electors of any member city or town and:
(A) May compel attendance and testimony of witnesses andproduction of papers;
(B) Shall make findings of fact and conclusions of law; and
(C) Shall render a conclusive decision upon a majority vote ofthe governing body.
(m) Any officer or employee of the city, town or joint powers boardfound guilty of malfeasance with regard to a contract shall be punished by afine of not more than one thousand dollars ($1,000.00).
(n) If any person to whom a contract has been awarded hascolluded with any person to prevent any other competing bids being made, or hasentered into an agreement by which he has made a higher or lower bid than someother person for the purpose of dividing the contract or profits therefrombetween two (2) or more bidders, the contract is null and void, and the mayor ormanager or joint powers board shall advertise for new bids or upon approval ofthe governing body provide for the work to be done under the mayor's, manager'sor board's own supervision and control.
(o) Any contract made in violation of the provisions of thissection is void, and any money paid on account of the contract by the city,town or joint powers board may be recovered without restitution of the propertyor benefits received or retained.
(p) Every contract of the kind specified in this section shallcontain a provision expressly referring to this section and making it a part ofthe contract.
(q) A public improvement shall not be divided into smallerunits for the sole purpose of avoiding the advertising requirement of thissection.
(r) For purposes of this section "related costs"includes, but are not limited to, labor, labor burden, materials,transportation, storage, equipment, associated overhead and associateddepreciation.
(s) As used in this section, a contract for public improvementshall not include an arrangement in which a municipality can accomplish anenergy or water efficiency project without upfront capital costs or capitalappropriations by compensating an energy or water efficiency contractor overtime from guaranteed savings in energy or water costs that result from theproject.
15-1-114. Ordinances; required for legislation; exceptions; howproved.
(a) All municipal legislation shall be by ordinance, unlessprovided otherwise by law, except that licenses may be granted by resolution.
(b) All ordinances may be proved by the certificate of theclerk, under the seal of the city or town, and when printed or published inbook or pamphlet form, and purporting to be published by authority of the cityor town, shall be read and received in all courts and places without furtherproof.
15-1-115. Ordinances; form and style; presumption; manner ofenactment; vote required.
(a) All ordinances shall be in writing and passed pursuant torules and regulations adopted by the governing body. No ordinance, except onemaking appropriations or one for the codification or general revision ofordinances, may contain more than one (1) subject which shall be expressedclearly in the title. Ordinances making appropriations and ordinances relatingto codification or general revision of ordinances shall be limited to thosesubjects. The style of all ordinances shall be: "Be it ordained by thegoverning body of the city (town) of ....".
(b) Every ordinance relating to the codification or generalrevision of ordinances which has been passed and adopted prior to the effectivedate of this section, and is otherwise in conformance with this section, isdeemed to meet the requirement that an ordinance shall not contain more thanone (1) subject which shall be expressed clearly in the title.
(c) Every ordinance shall be publicly read on three (3)different days. Public reading may be by title only. At least ten (10) daysshall elapse between the introduction and final passage of every ordinance. Foran emergency ordinance, the requirements of this section may be suspended bythe affirmative vote of three-fourths (3/4) of the qualified members of thegoverning body. No franchise may be granted by emergency ordinance.
(d) Passage of an ordinance requires the affirmative vote ofthe majority of the qualified members of the governing body. Passage of anemergency ordinance requires the affirmative vote of three-fourths (3/4) of thequalified members of the governing body.
15-1-116. Ordinances; publication required; exception; attestation;recodification or revision.
(a) Every ordinance before becoming effective shall bepublished at least once in a newspaper of general circulation, which maintainsa physical office at which advertisements are accepted and which is open to thepublic during regularly set business hours within the boundaries of the city ortown. The newspaper shall publish the ordinance within nine (9) days from thedate of receipt. If there is no such newspaper, the ordinance shall be postedfor at least ten (10) days in the city clerk's office and in such other placesas the governing body determines. Emergency ordinances are effective uponproclamation of the mayor, and as soon thereafter as is practicable they shallbe published and posted in the manner required of other ordinances.
(b) Every ordinance, within a reasonable time after passage,shall be signed by the mayor, attested by the clerk and recorded in a book keptfor that purpose. The attestation of the clerk shall show that the ordinancewas duly published and posted.
(c) A recodification or revision of ordinances shall bepublished by title only together with a brief summary of the recodification orrevision, in the manner provided in subsection (a) of this section fornewspaper publication, provided that a copy of the recodification or revisionshall be available to the public at all reasonable hours in the office of thecity or town clerk.
(d) Ordinances adopted by the governing bodies of allincorporated cities and towns prior to the effective date of this act, whichwere posted for at least ten (10) days in the city clerk's office and in suchother places as the governing body determined, are deemed to be in compliancewith the requirements of this section.
15-1-117. Ordinances; amendment and repeal.
Amendmentsand repeals of ordinances, or sections thereof, shall be by ordinance. Anamending ordinance shall set forth the entire ordinance or section as amended. No vote of the governing body may be reconsidered or rescinded at any meetingunless there are as many members present as there were when the vote wasoriginally taken.
15-1-118. Effect of governmental change on ordinances.
Ifany city or town acquires a new classification or changes its form ofgovernment, all ordinances, bylaws and resolutions shall continue in forceuntil amended or repealed, except insofar as they may be inconsistent with theprovisions of the law governing the new class or form of government.
15-1-119. Adoption of state traffic laws and other provisions byreference authorized; procedure; effect.
(a) Any city or town may adopt by reference all or part of TheUniform Act Regulating Traffic on Highways (W.S. 31-5-101 through 31-5-1214)and any national fire prevention, building, plumbing and electrical codes, andthe Wyoming public works standard specifications published by the Wyomingpublic works council.
(b) If any acts, codes or standard specifications are adoptedby reference, the ordinance shall state whether all of an act, code or standardspecifications is adopted or describe the parts or sections adopted by specificreference to sections.
(c) It is not necessary for the city or town to publish theact, code or standard specifications adopted by reference, but the ordinanceshall state that a copy of the act, code or standard specifications is on filein the office of the clerk of the city or town. The clerk shall keep on filein his office a copy thereof for examination.
(d) If any act, code or standard specifications, or partthereof, is adopted by reference, it constitutes an adoption of the act, codeor standard specifications as then enacted. Any subsequent additions oramendments to the code adopted by reference are not effective until adopted byordinance.
15-1-120. Effect of governmental change on territorial limits.
Ifany city or town changes its form of government, the territorial limits and allrights, powers and property under the former organization shall remain the sameunder the new organization. No existing right or liability, or suit orprosecution may be affected by a change in the form of government unlessotherwise provided by law.
15-1-121. Fire protection agreements authorized; limitation;liability.
(a) Every city, town and county may enter into negotiationswith each other or with the board of directors of a fire district for thepurpose of:
(i) Establishing a mutual aid agreement for fire protection; or
(ii) Executing a contract in which the city, town or countyagrees unilaterally to provide fire protection for another city, town or firedistrict upon conditions and for consideration as may be agreed upon by thecontracting parties.
(b) At no time under any agreement or contract executedpursuant to this section shall any city, town, county or fire district entirelydeplete its fire defenses in providing assistance unless specificallyauthorized to do so by its governing body.
(c) No city or town is liable for damages to persons orproperty resulting from the operation or presence of fire fighting equipmentoutside the corporate limits pursuant to an agreement or contract under thissection.
(d) Entry into an agreement or contract pursuant to thissection does not create a new or reorganized taxing entity as provided in W.S.39-13-104(m).
15-1-122. Special charters repealed; rights preserved.
Allspecial charters in effect on July 1, 1965 are repealed. However, any propertyright or vested interest that may have accrued by virtue of its charter ispreserved to the city or town.
15-1-123. Prospective operation; existing transactions saved.
(a) This act applies to transactions entered into and eventsoccurring after July 1, 1965, but may not be construed to affect anysubstantive or vested right.
(b) Transactions validly entered into before July 1, 1965, andthe rights, duties and interests flowing therefrom remain valid thereafter andmay be terminated, consummated or enforced as required or permitted by anystatute or other law repealed by this act as though the repeal had notoccurred, or at the option of the governing body, under this act as ifcommenced hereunder.
15-1-124. Employee bonds.
Thegoverning body of an