Chapter 3 - First Class Cities
CHAPTER 3 - FIRST CLASS CITIES
ARTICLE 1 - IN GENERAL
15-3-101. Population requirement; issuance of proclamation; receipt asevidence.
Ifit is ascertained that any city or town has attained a population of more thanfour thousand (4,000) inhabitants and that fact is certified to the governor bythe mayor of the city or town, attested by its seal, the governor, by publicproclamation, shall declare the city or town to be a city of the first class. The proclamation shall be published by the city for three (3) consecutive weeksin a newspaper of general circulation in the city. A certified copy of theproclamation shall be recorded in the office of the county clerk of the countyin which the city is situated. The record of the proclamation shall bereceived as evidence of the organization and corporate existence of the city asa city of the first class in any court within the state.
15-3-102. Name; service of process.
Thecorporate name of each first class city is the city of ...., and the city bythat name has perpetual succession. All process whatever affecting any suchcity shall be served upon the mayor or acting mayor, or, in the absence ofboth, upon the city clerk.
15-3-103. Rights to remain in effect.
Noright of property accrued to any city or town, corporation or person under anylaw previously in force is affected by a city or town becoming a first classcity. All ordinances not in conflict with this chapter shall continue in forceuntil amended or repealed by the governing body. Any city or town becoming afirst class city retains all its trusts, rights, privileges and indebtedness. All actions commenced by or against any city or town which becomes a firstclass city shall be continued to final judgment and satisfaction as if itsstatus had not changed.
15-3-104. Temporary continuation of existing government.
Thegovernment of the city shall continue in authority until the reorganization,which shall be effected by the holding of a regular election under theprovisions of law. The governing body may divide the city into not less thanthree (3) wards to take effect prior to the election.
ARTICLE 2 - OFFICERS
15-3-201. Mayoral veto; overriding thereof; failure to act.
Themayor is entitled to sign or veto any ordinance passed by the governing bodyand to sign or veto any order, bylaw, resolution, award or vote to enter intoany contract, or the allowance of any claim. A veto may be overridden by a voteof two-thirds (2/3) of all the qualified members of the council. If the mayorneglects or refuses to sign any ordinance and fails to return it with hisobjections in writing at the next regular meeting of the governing body, itbecomes law without his signature. The mayor may veto any item of anyappropriation ordinance and approve the remainder thereof. The items vetoed maybe passed over the veto as in other cases. The mayor does not have a vote inany matter involving the override of a veto.
15-3-202. Mayoral veto; messages; jurisdiction beyond corporatelimits; exception.
(a) The mayor, from time to time, shall communicate to thegoverning body such information and recommend such measures as in his opinionmay tend to improve the finances of the city, the police, health, comfort andgeneral prosperity of the city.
(b) The mayor has such jurisdiction as may be vested in him byordinance:
(i) Over all places within five (5) miles of the corporatelimits of the city for the enforcement of health, or quarantine ordinance andregulation thereof; and
(ii) In all matters excepting taxation within one-half (1/2)mile of the corporate limits of the city.
15-3-203. President of governing body; acting president; election;duties.
Thegoverning body may elect from their number a president who, in the absence ofthe mayor, shall preside at all meetings of the governing body. If the officeof mayor is vacant, the president shall occupy the office until the vacancy isfilled. The governing body may elect one (1) councilman to serve temporarilyas acting president in the president's absence. The president and actingpresident, when occupying the place of the mayor, may exercise all of thepowers of that office and have the same privileges as other members of thegoverning body. All acts of the president or acting president, while soacting, are as binding upon the council and upon the city as if done by themayor.
15-3-204. Appointed officers; removal; conditions for appointiveoffice or position.
(a) Unless otherwise provided by ordinance, the clerk,treasurer, engineer, attorney, fire chief, police chief, municipal judges anddepartment heads as specified by ordinance shall be appointed by the mayor withthe consent of the governing body and may be removed by the mayor. All otherappointments, except the appointment of members of a board or commission, andremovals shall be made by the mayor without consent of the governing bodyunless consent is required by separate statute. The governing body shalldetermine the method of appointing members of a board or commission, unless themethod of appointing such members is specified by separate statute. The mayorhas the power to remove any officer appointed under W.S. 15-1-101 through15-10-117 for incompetency or neglect of duty.
(b) The governing body, by ordinance or resolution, may specifyconditions for any office or position to which a person is appointed under thissection including:
(i) Level or range of salary;
(ii) A description of the duties and responsibilities of theposition;
(iii) Term of appointment;
(iv) Requirements for:
(A) Promotions;
(B) Suspension; and
(C) Hearing of appeals from decisions of the mayor to remove ordischarge an appointee other than members of a board or commission, after whichthe governing body may affirm, modify or reverse the decision of the mayor; and
(v) Other matters which are part of the personnel policies ofthe city.
15-3-205. Salaries; minimum amounts.
(a) The salaries of all officers shall be fixed by ordinancebut the salaries of the following officers shall not be less than the followingamounts per year:
(i) Mayor, six hundred dollars ($600.00);
(ii) Repealed by Laws 1985, ch. 8, 2.
(iii) Repealed by Laws 1985, ch. 8, 2.
(iv) Repealed by Laws 1985, ch. 8, 2.
(v) Each councilman, ten dollars ($10.00) for actual attendanceat each regular or special meeting of the governing body or any committeemeeting.
(vi) Repealed by Laws 1985, ch. 8, 2.
(b) All other officers of the city shall receive thecompensation fixed by ordinance except as otherwise provided by law.
15-3-206. Renumbered by Laws 1985, ch. 209, 1.
15-3-207. Elected officers; qualifications; bonds.
Allelected officers shall be qualified electors of the city entitled to vote atall elections therein. Each officer shall give bond in an amount and uponconditions as are provided by ordinance.
15-3-208. Treasurer; failure to provide required reports; removal;vacancy.
(a) Repealed by Laws 1985, ch. 152, 4.
(b) If the treasurer neglects or fails to provide financialreports as required by the governing body, the mayor may declare the officevacant and fill the vacancy by appointment according to W.S. 15-3-204.
15-3-209. Treasurer; receiving monies; books and accounts.
Thecity treasurer shall receive all monies belonging to the city. The clerk and treasurershall keep their books and accounts in the manner prescribed by W.S. 16-4-101through 16-4-124. The books and accounts may be inspected at any time by themayor, councilmen and other persons designated by law.
15-3-210. Treasurer; handling monies; restrictions; removal; vacancy.
Thetreasurer shall not, either directly or indirectly, use the corporation moneyor warrants in his custody for his own use and benefit or that of any otherperson. If anyone violates this provision, the mayor may remove him from officeimmediately and declare the office vacant. If an office is declared vacant, themayor shall fill the vacancy by appointment according to W.S. 15-3-204.
15-3-211. Repealed by Laws 1985, ch. 152, 4.
15-3-212. Engineer; duties; other employees; outside work.
Thecity engineer shall keep records of all work done for the city and any otherrecords the governing body requires. All such records are public recordsbelonging to the city and shall be turned over to any successor to the office.Before the governing body makes any contract for any work or improvementexceeding two hundred dollars ($200.00), the city engineer shall submit to thegoverning body an estimate of the cost thereof. The city may employ otherengineers or assistants for any work for the city either within or without thecity limits. Any work done by the city engineer for the city, outside thelimits thereof, shall be expressly provided by ordinance.
15-3-213. Change of emoluments during term prohibited.
Theemoluments of any elective officer shall not be increased or diminished duringthe term for which he was elected. No person who has resigned or vacated anyoffice is eligible to the same office during the time for which he was electedor appointed, if during the same time the emoluments have been increased.
ARTICLE 3 - FINANCES
15-3-301. Repealed by Laws 1985, ch. 152, 4.
15-3-302. Repealed by Laws 1985, ch. 152, 4.
15-3-303. Repealed by Laws 1985, ch. 152, 4.
15-3-304. Repealed by Laws 1985, ch. 152, 4.
15-3-305. Repealed by Laws 1985, ch. 152, 4.
15-3-306. Financial statements to be published.
Thegoverning body shall cause to be published a semiannual interim financialstatement and an annual statement of the financial condition of the city.
ARTICLE 4 - ACTIONS AND CLAIMS
15-3-401. Actions; when showing legal compliance required.
Ifany suit is instituted by or against any city under the law governing cities ofthe first class, in any of the courts of this state, the city is not requiredto show its compliance with the provisions thereof, as to its organization orthe passage, adoption or publication of its ordinances, unless they arecontroverted by affidavit.
15-3-402. Actions; recovering penalty or fine; generally.
Allactions brought to recover any penalty or fine shall be brought in thecorporate name of the city and the recoveries, when collected, shall be paidinto the city treasury. The process in every such action shall be a warrant,and the person named therein shall be arrested and taken before the municipalcourt for trial.
15-3-403. Actions; recovering penalty or fine; statement ofcomplaining act.
Inactions brought to recover a penalty or fine under any law pertaining to citiesof the first class, it is not necessary to file with the affidavit or complainta copy of the ordinances or bylaws or sections alleged to have been violated. It is sufficient to state in plain and concise language the act complained ofand to recite in the affidavit or complaint the number of the section of theordinance alleged to have been violated and the date of passage or adoptionthereof.
15-3-404. Repealed by Laws 1985, ch. 152, 4.