Chapter 7 - Public Improvements
CHAPTER 7 - PUBLIC IMPROVEMENTS
ARTICLE 1 - IN GENERAL
15-7-101. Purposes.
(a) In addition to all other powers provided by law, any cityor town may make public improvements as follows for which bonds may be issuedto the contractor or be sold as provided in this chapter to:
(i) Pave any street or streets in front of or adjacent to anypublic hospital or institution within the city or town;
(ii) Establish, construct, purchase, extend, maintain andregulate a system of water works, for the purpose of supplying water forextinguishing fires and for domestic, manufacturing and other purposes. Tocarry out this power, or to prevent pollution or injury to the streams, springsor source of supply of its water works, ditches or reservoirs, any city or townmay go beyond its corporate limits and take, hold and acquire property bypurchase or otherwise and may take and condemn all necessary land and property.Jurisdiction of a city or town shall extend up and along the stream or sourceof supply for the entire distance occupied by such water works, ditches orreservoirs. Cities or towns may enact ordinances and make all necessary rulesand regulations for the government and protection of their water works, ditchesand reservoirs, and fix water rates and provide for their collection. All waterrent collected except the amount required to pay the expense of maintaining,extending and improving the water works, shall become a part of the water bondfund, and be applied only to the payment of the principal and interest of thebonds issued for the construction, purchase, maintaining or extension of thewater works;
(iii) Take any action necessary to establish, purchase, extend,maintain and regulate a water system for supplying water to its inhabitants andfor any other public purposes, including:
(A) Condemnation of property;
(B) Prescribing and regulating of rates for the use of water;and
(C) Enacting ordinances for their enforcement and collection.
(iv) Establish, construct, purchase, extend, maintain andregulate a system of sewerage;
(v) Establish, maintain and regulate electric light plants andelectric power plants to supply the inhabitants with electric lights and power,to light the streets, highways and public buildings, and supply power for waterworks and other municipally owned works and utilities;
(vi) Establish, construct, purchase or extend electrictransmission lines or electric power lines, to carry electric current to thecity or town, from the place the current is obtained;
(vii) Establish, construct, purchase or extend propane, butaneand natural gas distribution systems or lines and to carry propane, butane andnatural gas to the city or town, from the place of origin or where the propane,butane or natural gas is obtained;
(viii) Erect, construct or purchase buildings for housing its fireextinguishing equipment and for the use of its fire department and officers inthe transaction of their official business;
(ix) Contract for, purchase and hold lands and water rights anderect thereon amusement halls and buildings to be used for public parks andgrounds for the use, benefit and enjoyment of the public, and:
(A) Enact ordinances, and make all necessary rules andregulations for the protection, maintenance and beautification of any parklocated within or without the limits of the city or town;
(B) Establish, purchase and hold parks on lands outside thecorporate limits, if the lands are within thirty (30) miles of the city or townlimits.
(x) Designate, establish, construct, purchase, extend, maintainand regulate arterial streets and highways, highway viaducts and subways withinthe corporate limits of the city or town;
(xi) Plan, create, construct and equip liquid and solid wastefacilities. To carry out this power or to prevent pollution or injury to theenvironment, any city or town may go beyond its corporate limits and take, holdand acquire property by purchase or otherwise, or in joint effort with cities,towns, counties or special districts. Cities or towns may enact ordinances andmake all necessary rules and regulations for the government and protection ofliquid and solid waste disposal facilities, and fix rates and provide forcollection and disposal;
(xii) Establish and defray the cost of purchasing land for, andthe erection of a city library or additions to existing city libraries, or toestablish art galleries or museums;
(xiii) Establish and defray the cost of purchasing land for, andthe construction of swimming pools, wading pools and other related recreationalfacilities;
(xiv) Take any action necessary to acquire any needed or usefulproperty, or construct, maintain, repair or replace any lawful improvement,development, project or other activity of any kind or to participate, join orcooperate with other governments or political subdivisions, departments oragencies thereof, for which funds may be borrowed from the United States ofAmerica or the state of Wyoming, or any subdivision, department or agency ofeither;
(xv) Construct, extend, improve, furnish, equip or otherwiseacquire a city or town hall complex, including buildings and other structuresfor the use of city or town officers or employees in the transaction of theirofficial business, for community meeting rooms, and for all other municipal orother public purpose activities;
(xvi) Plan, create, construct and equip a fiber opticcommunications system.
15-7-102. Borrowing and issuance of bonds; generally; seweragesystems; elections.
(a) A city or town may borrow money and issue bonds in eithercoupon or registered form to any amount not exceeding the limitation providedin W.S. 15-7-109 for the purposes enumerated in this article. The amount ofbonds may be any multiple of one hundred dollars ($100.00), as provided in theordinance authorizing their issuance, and shall bear interest payable annuallyor semiannually at a rate, at a place and in the manner as the ordinanceprovides. The bonds may be redeemed before maturity at a time or times and in amanner as the governing body determines, and payable in not more than thirty(30) years after the date of their issuance, or payable serially at times inregular numerical order at annual or other designated intervals in any amountsdesignated and fixed by the governing body. However bonds issued by a city ortown to establish, construct, purchase or extend a system of sewerage maymature and be payable at any time not more than forty (40) years from theirdate or the estimated life of the improvement whichever is shorter.
(b) No bonds may be issued for the purposes provided in thisarticle until the proposition to issue them has been submitted to and approvedby the qualified electors of the city or town at an election which shall becalled, conducted, canvassed and returned in the manner provided for bondelections by the Political Subdivision Bond Election Law, W.S. 22-21-101through 22-21-112.
(c) Notwithstanding any provision of W.S. 22-21-101 through22-21-112, for purposes of this section, where repayment of funds borrowed fromthe United States of America or from the state of Wyoming, or from anysubdivision, agency or department of either, is to be made solely from revenuesgenerated by the enterprise with which the financed public improvement projectis associated and where security for the loan is restricted to a claim on therevenues generated from the enterprise with which the proposed publicimprovement project is associated and to the assets of that enterprise, anydocument evidencing the agreement to repay the borrowed funds shall not beconsidered a bond and no election shall be required.
15-7-103. Borrowing and issuance of bonds; recreational facilities.
A city or town may borrow money and issuecoupon bonds in an amount which, together with the municipal indebtedness, butnot including sewerage, water supply and school bonds, does not exceed fourpercent (4%) of the assessed valuation of the city or town to acquire, lease,purchase, equip, construct, develop, improve or enlarge public recreational facilities. The bonds shall be in the denomination of one hundred dollars ($100.00), ormultiples thereof and bear interest payable semiannually at a rate, at a placeand in the manner the governing body provides. The bonds shall be in a serialform with last maturity not more than twenty (20) years after the date of issueand are redeemable at the option of the city or town at a time to be designatedby the governing body as provided in W.S. 16-5-302.
15-7-104. Borrowing and issuance of bonds; fire prevention.
Acity or town may borrow money and issue the coupon bonds in an amount notexceeding at one (1) time, four percent (4%) of the assessed valuation of thecity or town to acquire and purchase supplies, equipment and apparatus for fireprevention and control and to erect, construct or purchase buildings forhousing its fire extinguishing equipment and for the use of its fire departmentin the transaction of its official business. The bonds shall bear interestpayable semiannually, be of the denomination and be payable at a rate, at aplace and in the manner the governing body provides. The bonds shall beredeemable after ten (10) years and payable in not more than thirty (30) yearsafter the time they are issued or payable serially, as provided in W.S.16-5-302.
15-7-105. Bonds; endorsed certificate; registration book.
(a) The clerk of the city or town shall endorse a certificateupon every bond or evidence of debt issued, stating that it is within thelawful debt limit of the city or town and is issued according to law. He shallsign the certificate in his official character.
(b) The city or town treasurer shall keep a book in which shallbe registered all bonds issued, showing the number of the bond, the date ofissue, to whom issued, the amount, date of redemption and payment of interest.The book shall be open to all persons for examination in accordance with W.S.16-4-202.
15-7-106. Bonds; notice; receiving bids; exception; limitation;private sale.
(a) After any bonds to be issued for any of the purposes setforth in this article, other than special improvement bonds, have been approvedby a vote of the people, the governing body shall give notice by advertisementfor three (3) consecutive weeks in a newspaper published in the city or town,if there is one, and if not, then in some newspaper of general circulation inthe city or town, and in any newspaper published in other places as may bedeemed expedient. The notice shall state that the city or town will receivebids for the sale of the bonds and shall give the time and place where bidswill be received and opened. No bonds may be sold for less than their parvalue.
(b) Bonds issued by a city or town to establish, construct,purchase or extend a system of sewerage may be sold to the state of Wyoming orthe United States of America at a private sale, without advertisement, for notless than par and accrued interest.
15-7-107. Bonds; tax; interest; sinking fund; redemption.
Atax to be fixed by ordinance shall be levied each year to pay the interest onthe bonds and to create a sinking fund for their redemption. The money thatmay be on hand at any time belonging to the sinking fund, until there are bondsredeemable, may be loaned or invested by the governing body in any public securitiesof the state, any subdivision thereof, or of the United States, and theinterest that accrues shall be added to the sinking fund. If at any time afterten (10) years from the issue of the bonds the sum in the sinking fund equalsor exceeds five hundred dollars ($500.00), and from time to time thereafterwhen it accrues, the city or town treasurer shall publish a notice in anewspaper in the city or town that, thirty (30) days from the date of thenotice, he will redeem the amount of bonds then payable, giving their numberand giving preference to the oldest issue. If at the expiration of thirty (30)days the holder of those bonds fails to present them for payment, the interestthereon ceases, but the treasurer shall redeem them on presentation. A copy ofthe notice shall be sent to the bank designated as the place of payment of theinterest on the bonds.
15-7-108. Bonds; cancellation.
Thecity or town treasurer shall, as soon as the coupons of bonds are paid, causethe word "paid" to be cut into them, and when the bonds are paidcause the word "paid" to be cut in the body of the bond.
15-7-109. Limitations on indebtedness; exceptions.
Nodebt in excess of the taxes for the current year may be created by any city ortown, except local improvements as provided by law, unless the proposition tocreate the debt is approved by a vote of the people. No city or town may createany indebtedness exceeding four percent (4%) of the assessed valuation of thetaxable property except an additional indebtedness not exceeding four percent(4%) of the assessed valuation of the property may be created to build andconstruct sewerage systems. This limitation does not apply to the construction,establishing, extending and maintaining of water works and supplying water forthe use of the city or town and its inhabitants.
15-7-110. Custody of funds.
Thecity or town treasurer is the custodian of all monies arising from the sale ofbonds issued pursuant to this chapter. He shall give any additional bond or bondsas the governing body requires for safekeeping and disbursing of all suchfunds.
15-7-111. Bonds for municipal improvements; exception; procedure.
(a) Any city or town may issue and sell revenue bonds for thepurpose of creating, purchasing, leasing, constructing, maintaining, expandingor improving the following types of municipal improvements:
(i) Municipal auditoriums or community meeting facilities;
(ii) Land, equipment, municipal incinerators and other necessaryimprovements and facilities to be used for or in conjunction with municipalsolid waste management systems;
(iii) Municipally operated recreational facilities of a type forwhich a charge is or may be made to the general public and because of thecharge they are or may be self-liquidating in nature;
(iv) Municipally owned and operated propane, butane and naturalgas distribution systems and lines, except no revenue bonds shall be issued orsold for the purpose of purchasing or in any manner acquiring the ownership ofan existing natural gas distribution system or lines;
(v) Electrical systems and any facilities located within orwithout the state for the generation, transmission or distribution ofelectrical energy, provided that this paragraph shall only apply to thosemunicipalities that owned their electrical systems prior to March 1, 1975. Norevenue bonds shall be issued or sold for the purpose of purchasing or in anymanner acquiring the ownership of an existing electrical system.
(b) Any city or town desiring to issue revenue bonds shalladopt and follow the procedure prescribed for the issuance by municipalities ofrevenue bonds for sewerage systems.
15-7-112. Borrowing and issuance of bonds for airports; generally.
Inaddition to all other powers, a city or town may borrow money and issue couponbonds in an amount not exceeding, at one (1) time, four percent (4%) of theassessed valuation of the city or town to acquire, lease, purchase, equip,develop, improve or enlarge municipal airports, landing fields or other airnavigation facilities. The bonds shall be of the denomination of five hundreddollars ($500.00), or multiples thereof, and bear interest at a rate payablesemiannually, at the place and in the manner provided by the governing body. The bonds shall be in serial form with last maturity not more than thirty (30)years after the date of issue. The bonds are redeemable at a time designatedby the governing body as provided in W.S. 16-5-302.
15-7-113. Borrowing and issuance of bonds for airports; notice;receiving bids.
Ifa majority of the votes are "for the bonds," the governing body shallpublish a notice in a newspaper of general circulation in the city or town, andany other newspapers published in other places as deemed expedient, to theeffect that the city or town will receive bids for the sale of the bonds andstating the time and place where bids will be received and opened.
15-7-114. Borrowing and issuance of bonds for airports; tax; payment;cancellation.
(a) A tax to be fixed by ordinance shall be levied for eachyear to pay the interest and principal of the bonds as they become due andpayable.
(b) If any bonds or coupons are paid, the treasurer shall causethe word "paid" to be cut in them and otherwise cancel the bonds andcoupons so paid.
ARTICLE 2 - ELECTRIC CURRENT
15-7-201. Supplying consumers outside corporate limits.
Anycity or town which may acquire or construct an electric light or power plantmay supply electric current to persons, corporations and municipal corporationsoutside the corporate limits and enter into the necessary contracts upon theterms and under any rules and regulations as agreed upon by the parties.
15-7-202. Joint board; agreement; purpose; powers; prohibition.
(a) Two (2) or more cities or towns may enter into an agreementpursuant to W.S. 16-1-102 through 16-1-109 for a joint powers board to supplytheir need for electric power. The joint powers board may expand, finance oroperate electrical systems owned by municipalities prior to March 1, 1975, andconstruct and operate any facilities located within or without the state forthe generation or transmission of electrical energy to supply those electricalsystems. No loans under W.S. 16-1-109 shall be granted for facilities to beconstructed or operated outside the state.
(b) The joint powers board may acquire a percentage undividedinterest as a tenant in common with any other public or private entities in anysuch facility and may designate one (1) of the other participating entities asits agent, or may act as agent for any other participating entity in connectionwith the planning, acquisition, construction or operation of any such facility.
15-7-203. Existing contracts ratified.
Anycontracts entered into by any city or town for supplying electric currentoutside its corporate limits are ratified and confirmed as valid and bindingcontracts, any other act or law to the contrary notwithstanding.
15-7-204. General powers.
(a) Any city or town may:
(i) Purchase electric current from outside its corporate limitsupon terms and conditions agreed upon by the parties;
(ii) Construct an electric transmission line or electric powerline upon and over all public roads and state highways if it does not interferewith the public in the use of the public roads and state highways;
(iii) Enact ordinances necessary to exercise the powers grantedin this article and establish rules and regulations for the conduction,maintenance and operation of any electric transmission line constructed, purchased,extended or maintained and providing for the rates to be charged consumers ofelectric current either for lights, power or other purposes and for theircollection.
15-7-205. Line fund established; use.
Allfunds derived from the sale of electricity or electric current shall be placedin a separate fund to be known as "electric line fund," and be usedonly for paying the expenses of operating, maintaining or extending theelectric transmission line, including the transformers and other appurtenancesnecessary to its operation, until all of the bonds issued by the city or townfor those purposes have been fully paid. However, any surplus in that fund,over and above the operating expenses and the expenses of extending andrepairing the plants in any one (1) year, may be used to provide a sinking fundfor the payment of bonds or to pay the interest or principal on the bonds.
15-7-206. Sale of power plant; election procedure; ballot; voterequired.
(a) If a written proposal to purchase a city or town ownedworks or plant for generating or distributing electrical energy for light, heator power, is filed with the city or town clerk by any bona fide manufacturer ordistributor of electricity in the state of Wyoming, the governing body, if intheir judgment it appears to be in the best interests of the inhabitants of thecity or town to sell the works or plant, may provide for submitting thequestion to the qualified electors of the city or town. The question shall besubmitted to both property and nonproperty owners either at the next regularmunicipal election or at a special election called for that purpose. Theelection shall be called and conducted in the same manner as other city or townelections, except as otherwise provided in this section.
(b) The official ballot shall contain the words "For Saleof Municipal Light Plant" and "Against Sale of Municipal LightPlant" and shall have a square to the right of each proposition. Theelector shall express his vote by putting a cross in the square opposite theproposition he favors. If a majority of the legal votes cast upon theproposition in each ballot box are for the sale, the proposition is approved bythe people, and the governing body shall take appropriate proceedings toconsummate the sale. If the majority of ballots in either box is against theproposed sale, it shall not be concluded.
15-7-207. Election procedure; notice.
Ifthe governing body of the city or town decides to submit the question of thesale of the property to a vote of the qualified electors, they shall publish,for a period of at least three (3) weeks before the election in a newspaper ofgeneral circulation in the city or town, a notice specifying the amount of thebid and the general terms and conditions contained in the proposal. A copy ofthe notice shall be posted for three (3) weeks immediately preceding theelection in three (3) public places in the city or town.
15-7-208. Contents of proposal.
Insubmitting a written proposal for the purchase of any municipally ownedelectric light or power plant, the prospective purchaser shall specify theamount of his bid and the general terms and conditions of his offer.
15-7-209. Sale of power plant; disposition of monies received.
Allmonies received from the sale of property under this article shall be kept in aseparate fund and be first used as necessary to pay current bills and unsecuredobligations outstanding on account of the operation of the plant until it isturned over to the purchaser. The remainder of the proceeds of the sale shallbe used for redemption of any bonds issued by the city or town for the purchaseor erection and construction of the works or plant. The money shall not beexpended or mixed with other funds of the city or town but shall be appliedwholly towards the redemption of the bonds, together with the accumulatedinterest. If the property sold brings an amount in excess of the currentbills, unsecured obligations and the outstanding bonds, the excess shall beplaced in a sinking fund to retire any existing bonded indebtedness of themunicipality. If there is no existing bonded indebtedness, the excess shall beplaced in the municipal general fund and expended for general municipalpurposes.
ARTICLE 3 - PUBLIC PARKS
15-7-301. Definition.
Asused in this article "public park" means any public ground of anycity or town dedicated to public use and maintained as a municipal park,playground or recreation area.
15-7-302. Vacation from public use; authorization.
Thegoverning body of any city or town may vacate from public use any public parkor part thereof located within the corporate limits of the city or town in themanner provided in this article.
15-7-303. Vacation from public use; hearing; notice; contents;objections.
Ifthe governing body considers it to be in the public interest to vacate anypublic park or part thereof from the public use to which it was dedicated, itshall set a time and place for a public hearing upon the proposal to vacate. Notice of the hearing shall be published for three (3) consecutive weeks priorto the hearing in a newspaper published in the county in which the city or townis located, or if there is no newspaper published in that county, then in anewspaper published in this state and of general circulation in that county. The notice shall contain a statement of the time, place and purpose of thehearing, the reason for the proposed vacation and shall provide that any personobjecting to the proposed vacation shall file his objections with the city ortown clerk in writing at least twenty-four (24) hours before the time of thehearing.
15-7-304. Vacation from public use; hearing; how conducted; order;record.
Anyresident of the city or town, having filed his objections, may appear at thehearing and protest the proposed vacation. Any other resident of the city ortown may appear at the hearing and offer evidence in support of the proposedvacation. If the governing body then finds that the vacation of the propertyfrom public use is in the best interests of the city or town and its residents,it may order the vacation by ordinance. The record of the proceedings of thepublic hearing, including the findings of the governing body, shall be made apart of the minutes of the regular or special meeting of the governing body atwhich the hearing was conducted.
15-7-305. Vacation from public use; cessation of duties; disposal.
Uponthe passage of an ordinance vacating the property from public use, the city ortown is relieved of all obligations to the public for maintaining the propertyas a public park, and it may dispose of the property in any manner provided bylaw.
ARTICLE 4 - BOARD OF PUBLIC UTILITIES
15-7-401. Establishment; powers and duties generally.
Anycity or town which owns and operates a municipal waterworks, a sanitary sewersystem, a sewage disposal plant or an electric utility distribution system mayestablish a board of commissioners to be known as the board of publicutilities. The board of public utilities shall manage, operate, maintain andcontrol such plants and make all rules and regulations necessary for theirsafe, economical and efficient operation and management. The board may alsoimprove, extend or enlarge the plants as provided in this article.
15-7-402. Appointment, qualifications, terms and removal of members;vacancies.
Theboard of public utilities shall consist of five (5) members to be appointed bythe mayor with the advice and consent of the governing body. Members appointedshall be persons of business experience, not less than thirty (30) years ofage, citizens of the United States and for five (5) years immediately precedingtheir appointment residents of the city or town. One (1) member of the boardshall be appointed for a term of two (2) years, two (2) for a term of four (4)years and two (2) for a term of six (6) years. Thereafter each member shall beappointed for a term of six (6) years. Any member of the board may be removedby the mayor with the concurrence of the governing body for cause other thanpolitics or religion after public hearing. The mayor shall fill any vacancy byappointment for the unexpired term only.
15-7-403. Officers; meetings; records; salaries.
Theboard shall elect from their own number a president and a secretary and holdmeetings at least once a month, and at the call of the president or three (3)members of the board. The board shall adopt its own rules of procedure andkeep a record of its proceedings. All meetings, records and accounts of theboard are public. Three (3) members constitute a quorum for the transaction ofbusiness. The salaries of the members of the board shall be fixed byordinance, but may not exceed six hundred dollars ($600.00) each per year.
15-7-404. Specific powers and duties; vouchers; civil service orpension system.
(a) The board of public utilities has exclusive control of allmunicipally owned waterworks, sanitary sewer systems and sewage disposalplants, or any of them, as specified by ordinance. The board is charged withproducing and supplying the city or town and its inhabitants with water fordomestic and industrial purposes, and for public use, and may sell and disposeof any surplus outside of the city or town. The board may also furnish surplussanitary sewer facilities to persons outside of the city or town.
(b) The board may:
(i) Hire and discharge all employees and agents of thesedepartments and fix their compensation;
(ii) Purchase all machinery, tools and other appliances and allmaterials and supplies necessary for the purposes of the departments;
(iii) In the name of the city or town take and hold by lease,purchase, gift, devise, bequest or otherwise such franchises and property,either within or without the city or town, as may be necessary or convenientfor carrying out the purposes of the board, including office space andequipment for carrying on the business of these departments;
(iv) Establish all reasonable rules and regulations to protectthe rights and property vested in the city or town and under control of theboard;
(v) Issue vouchers or warrants in payment of all claims andaccounts incurred by the board for its departments. When the vouchers orwarrants are approved by the board the city or town treasurer shall pay andcharge them against the proper funds.
(c) The board may:
(i) Provide for either civil service status or pension system,or both, for its employees, which shall be under the supervision and subject tothe order of the board;
(ii) Withhold two percent (2%) of the wages of its employees tobe placed in a fund to be known as "utilities department pensionfund";
(iii) Set aside and place in the pension fund each month, anamount not to exceed three (3) times the total amount of two percent (2%)deducted each month from employees' wages for pension purposes.
(d) Disbursements from the pension fund shall be made in thesame manner as other disbursements and payments made pursuant to this article.
15-7-405. Director of utilities; superintendent; office manager; utilityattorney.
(a) The board of public utilities may select and appoint andfix the salaries of the following persons, who serve at the board's pleasure:
(i) A director of utilities;
(ii) A superintendent;
(iii) An office manager; and
(iv) A utility attorney, who shall not be required to performany service other than legal service.
(b) Each appointee shall:
(i) Be a competent person thoroughly qualified for his positionby training and experience as the board requires;
(ii) Give a good and sufficient surety bond to the city or townin the sum fixed and approved by the board conditioned upon the faithfulperformance of his duties. The cost of each bond shall be paid out of therevenue of these plants. If the board is operating more than one (1) plant thecost of the bond shall be paid pro rata out of the revenue of the plants;
(iii) Perform all duties as prescribed and required by the board.
(c) The director of utilities, if one is appointed, has generalsupervision over all activities, property and employees of the board. The boardmay delegate its authority to the director of utilities to make appointments,including those of office manager and superintendent, and to hire, promote,transfer, demote and discharge employees of the departments. He shall fix theirsalaries with the consent of the board.
(d) Under direction of the board and of the director ofutilities, if one is appointed, the superintendent shall:
(i) Manage and control the water plant and its distribution system,the sanitary sewer system including sewage disposal plant or plants and theelectric utility distribution system;
(ii) Supervise and inspect all parts of the plants and see thatthey are maintained in good condition for use and that all employees attend totheir respective duties;
(iii) Keep in good repair all machinery and other property; and
(iv) Advise the board and director of utilities, if one isappointed, as to the needs of the plants.
(e) All employees, servants and agents of these plants, whenappointed by the board, are under the immediate control and management of thedirector of utilities and the superintendent.
(f) Under direction of the board and of the director ofutilities, if one is appointed, the office manager shall keep a regular set ofbooks for the water department, the sanitary sewer department and the electricutility distribution system showing in detail their business transactions.Immediately following the close of each month he shall make any reports to theboard, the director of utilities and the governing body of the city or town, asthey require, showing the transactions of the preceding month and the financialconditions of the departments. The reports shall include a correct account ofall collections, appropriations, expenditures and approved claims entitled topayment. The board may appoint assistants to the office manager as it deemsnecessary.
15-7-406. Agents, servants and employees.
(a) The board shall make all appointments and hire all agents,servants and employees of the departments, fix their compensation and determinetheir qualifications, considering only the relative capacity of applicants,their moral, physical and health qualifications and when appropriate, theirqualifications for manual labor. All appointments shall be made on the basis ofmerit alone, and no appointment may be made on account of political services oraffiliations. All agents, servants and employees shall hold their offices atthe board's pleasure.
(b) The board may delegate the authority to hire, promote,transfer, demote and discharge its employees to a director of utilities, if oneis appointed.
15-7-407. Consumer rates; depreciation.
(a) The board shall fix the rates for water, sanitary sewerservices and electric service furnished to customers, and any revision thereofis subject to the local governing body's review, modification and approval. Therates shall secure an income sufficient to:
(i) Pay the interest charges and principal payments on allbonds issued to pay the purchase price, construction cost, extensions andenlargements of the respective systems as they are due;
(ii) Pay all salaries and wages of the officers and employees;
(iii) Cover the cost of all materials and supplies used in theoperation of the plants;
(iv) Cover all miscellaneous expenses;
(v) Cover all usual extensions and enlargements, together witha reasonable allowance for emergency and unforeseen expenses; and
(vi) Provide and maintain a depreciation fund for each department.
(b) The board shall account for the depreciation of the waterplant and of the sanitary sewer system, including sewage disposal plant orplants, using rates of depreciation approved by the board and the localgoverning body. The depreciation fund shall be used only to pay forreplacements and additions to the waterworks, sanitary sewer systems and sewagedisposal plants. Replacements and additions shall be capitalized and thecapital value added to the value of the systems to establish the value of theplants for depreciation purposes. The local governing body may by ordinance fixspecial rates for water, electric or sanitary sewer services furnished to thegoverning body of the city or town for public purposes, or to organizedinstitutions of charity, or to any person who is eligible for assistance underW.S. 39-11-109(c)(ii) through (vii).
15-7-408. Use of surplus water or sewage funds.
Theboard of public utilities shall use any surplus funds arising from the sale ofwater or sewage services for the purchase and cancellation of any bonds issuedto pay the purchase price of the water or sewer plants or the cost of theirconstruction, extension and enlargement. The board shall not pay for any bondsany sum greater than par, plus a premium of not to exceed fifty percent (50%)of the face value on all unearned interest coupons attached to any bondpurchased, or pay more than the actual market price of the bonds at the time ofpurchasing them. Any surplus after the purchase of bonds shall be paid intothe general fund of the city or town.
15-7-409. Meter deposit fund; investment; interest; repayment.
Theboard of public utilities of any city or town engaged in the business ofsupplying water or electricity to its inhabitants which requires deposits to bemade on water meters or electric meters furnished its customers, shall placeall monies received from the deposits in a separate fund. The fund may beinvested in securities as provided by law for trust funds of cities or towns.Any interest or income earned by or accruing to the fund, not otherwise pledgedfor the payment of general obligations or revenue bonds, may annually betransferred and paid into the general fund of the city or town. Any person whohas made or makes a deposit on a water meter or electric meter is entitled onlyto the repayment of the principal amount of his deposit.
15-7-410. Treasurer; duties; bond.
Thetreasurer of the city or town is ex officio treasurer of the board of publicutilities. All funds and property in his hands belonging to these departmentsare subject to the board's control, and he shall receive and receipt for themoney collected by the employees of the board and pay out those funds whenordered by the board upon warrants signed by its president and countersigned bythe office manager, certifying that the warrant is issued by the board'sauthority. He shall also cooperate with the office manager and supply him withofficial information to permit the making of the monthly reports provided forin W.S. 15-7-405, and any other information the board requires. As ex officiotreasurer to the board, he shall give a surety bond in the sum approved by theboard. The board shall pay the cost of the bond in the same manner as providedfor other bonds in this article.
15-7-411. Duty of city clerk.
Theclerk of the city or town shall furnish the board with copies of allordinances, resolutions, agreements, contracts and other records the boardrequires.
15-7-412. Additional powers and duties.
Inso far as applicable the board of public utilities shall exercise all otherpowers and duties under acts and part of acts relating to water plants andsanitary sewer systems, including sewage disposal plants, in cities and towns.
ARTICLE 5 - SEWERAGE SYSTEMS
15-7-501. Definition.
Asused in this article, "sewerage system" means a sewerage treatmentplant, or plants, collecting, intercepting and outlet sewers, force mains,conduits, pumping stations, ejector stations and all other appurtenances orimprovements, or any of them, necessary or useful and convenient for thecollection, treatment and disposal, in a sanitary manner, of sewage andindustrial wastes.
15-7-502. General powers and duties; bonds and contracts generally.
(a) Any city or town may:
(i) Construct, reconstruct, improve and extend, or acquire,improve, extend and operate a sewerage system, within or without its corporatelimits and may apply for and accept loans or grants or any other aid from theUnited States of America or any agency or instrumentality thereof under anyfederal law to aid in the prevention and abatement of water pollution, or mayborrow money from any other source;
(ii) Issue its revenue bonds for the purposes specified inparagraph (i) of this subsection, payable solely from the revenues derived fromthe operation of the sewerage system;
(iii) Enter into contracts and agreements with other local publicbodies covering the joint construction, operation and maintenance of a seweragesystem;
(iv) Accept contributions and other aid from commercial,industrial and other establishments to aid in the prevention or abatement ofwater pollution, and in furtherance of that purpose enter into contracts andagreements with commercial, industrial and other establishments covering the:
(A) Collection, treatment and disposal of sewage and industrialwastes from any commercial, industrial and other establishments;
(B) Use and operation by any city or town of seweragecollection, treatment and disposal facilities owned by any commercial,industrial and other establishment; and
(C) Coordination of the sewage collection, treatment anddisposal facilities of the city or town with the sewage collection, treatment,and disposal facilities of commercial, industrial and other establishments.
(v) Provide for the operation as a single enterprise of itswaterworks and sewerage systems;
(vi) Issue refunding revenue bonds to refund, pay or dischargeall or any part of its outstanding sewer revenue bonds, including interest, ifany, in arrears or about to become due, provided the relevant provisions ofthis article pertaining to revenue bonds for sewerage systems are applicable inthe authorization and issuance of refunding revenue bonds, including theirterms and security, the bond ordinance, rates and other aspects of the bonds,except it is not necessary to submit the proposition of issuing refundingrevenue bonds to a vote of the people of the city or town.
(b) The bonds specified in paragraph (a)(ii) of this sectionmay be issued with maturities not exceeding forty (40) years and in the amountsnecessary to provide sufficient funds to pay all the costs of construction,improvement, reconstruction, extension or acquisition, extension andimprovements of the sewerage system, including engineering, legal and otherexpenses, together with interest to a date six (6) months after the estimateddate of completion. The bonds shall bear interest at a designated rate or ratespayable annually, semiannually or at other designated intervals and shallmature at a time or serially at times in regular numerical order at annual orother designated intervals in amounts designated and fixed by the governingbody. Bonds issued under the provisions of this article are negotiableinstruments and shall be executed by the mayor and clerk and sealed with thecorporate seal of the city or town. If an officer whose signature appears onthe bonds or coupons ceased [ceases] to be an officer before delivery of thebonds, the signatures remain valid and sufficient for all purposes the same asif the officer had remained in office until their delivery.
(c) Repealed by Laws 1985, ch. 209, 3.
(d) If the governing body determines to operate its waterworksand sewerage system as a single enterprise pursuant to paragraph (a)(v) of thissection, it may issue revenue bonds in the manner provided in this article,payable solely from the revenue derived from the operation of the combinedwaterworks and sewerage system to pay for improvements, additions and extensionsto the combined waterworks and sewer systems. If there are any outstandingbonds payable solely from the revenue of the waterworks or sewerage systems, orfrom the combined waterworks systems, the new bonds may include an amountsufficient to retire the outstanding bonds or may be made subordinate to theoutstanding bonds with respect to the payment of principal, interest andsecurity. Any law which requires that revenue derived from the operation of awaterworks system by a city or town applies only to the payment of theprincipal and interest of water bonds is inapplicable if the municipalityoperates its waterworks and sewerage system as a single enterprise, and in thatcase the revenues derived from operation of the water system may be used toretire either water bonds or sewerage system bonds.
15-7-503. Ordinance for construction; required and authorizedprovisions; existing bonds validated.
(a) If the governing body determines to construct, reconstruct,acquire, improve or extend a sewerage system and to issue bonds under theprovisions of this article to pay the costs, it shall adopt an ordinancegenerally describing the contemplated project and refer to its plans andspecifications which are open for public inspection. The ordinance shall:
(i) Set out the estimated cost of the project;
(ii) Determine the period of its usefulness;
(iii) Fix the:
(A) Amount of revenue bonds proposed to be issued;
(B) Maturity or maturities;
(C) Interest rate; and
(D) Other details in connection with the bonds.
(iv) Pledge the revenues derived from the operation of thesewerage system to:
(A) Pay the cost of operation and maintenance of the system;
(B) Provide an adequate depreciation fund; and
(C) Pay the principal and interest of the bonds.
(b) The ordinance may:
(i) Provide that the bonds, or those specified, to the extentand in the manner prescribed, shall be subordinated to any other bonds payablefrom the revenues of the sewerage system as are specified in the ordinance;
(ii) Contain any covenants and restrictions upon the issuance ofadditional revenue bonds, which share equally from the revenues of the system,as may be necessary or advisable to assure the payment of the bonds authorized;
(iii) Provide that the revenue bonds or any part thereof may besold to the state of Wyoming or the United States of America or any agency orinstrumentality thereof at a private sale, without advertisement, for not lessthan par and accrued interest;
(iv) Provide that the bonds are redeemable with or withoutpremium at the time or place the governing body provides;
(v) Provide that the governing body may discontinue the watersupply of any person for nonpayment of the sewer service charge.
(c) All revenue bonds issued pursuant to this article, whichare outstanding on the effective date of this act, the right to the payment ofwhich has not been barred by any pertinent statute of limitations, and all actsand proceedings heretofore had or taken, or purportedly had or taken by or onbehalf of any city or town under law or under color of law preliminary to andin the authorization, execution, sale, issuance and payment (or any combinationthereof) of those revenue bonds, are validated, including but not necessarilylimited to the terms, provisions, conditions and covenants of any resolution orordinance appertaining thereto. Those outstanding revenue bonds are bindingand enforceable obligations of the city or town issuing them in accordance withtheir terms and their authorizing proceedings.
15-7-504. Refunding revenue bonds; purpose; required procedure;exceptions thereto.
(a) Any city or town may issue refunding revenue bonds:
(i) To refund and discharge or extend or shorten the maturitiesof all or any part of the outstanding bonds of any one (1) or more issues,including any interest thereon in arrears or about to become due;
(ii) For the purpose of reducing interest costs or effectingother economies; or
(iii) For the purpose of modifying or eliminating restrictivecontractual limitations as pertained to the issues of additional bonds,otherwise concerning the outstanding bonds or to any facilities as pertainedthereto.
(b) Any refunding specified in subsection (a) of this sectionshall be accomplished in the manner prescribed by W.S. 16-5-102 through16-5-119, as from time to time amended, except that refunding revenue bonds soauthorized do not constitute a debt of the city or town within the meaning ofany constitutional or statutory limitation, nor shall any tax be levied orother revenue be pledged for the payment thereof, except for the special fundsauthorized under this article.
15-7-505. Repealed by Laws 1981, ch. 62, 2.
15-7-506. Bonds payable from revenues and not considered indebtedness.
Allbonds issued under the provisions of this article are payable solely from therevenues derived from the operation of the sewerage system and do notconstitute an indebtedness of the city or town within the meaning of anyconstitutional or statutory provision. The face of each bond shall state thatit has been issued under the provisions of this article, and that it does notconstitute an indebtedness of the city or town within any constitutional orstatutory limitation.
15-7-507. Revenues; deposit in fund; uses thereof.
(a) All revenues derived from the operation of the seweragesystem shall be set aside as collected and deposited in a special fund to beused only for:
(i) Paying the cost of operating and maintaining the system;
(ii) Providing an adequate depreciation fund; and
(iii) Paying the principal and interest on the bonds issued underthis article.
15-7-508. Rates; general; amounts; special.
(a) Any city or town borrowing money or receiving grants andimproving, constructing or acquiring and improving a sewerage system, shallcollect a charge from the users of the system at a rate sufficient to:
(i) Pay the cost of operating and maintaining the system;
(ii) Provide an adequate depreciation fund;
(iii) Pay the principal and interest on the bonds issued; and
(iv) Repay grants.
(b) Any city or town owning and operating a sewerage systemconstructed or acquired under the provisions of any law may provide byordinance that the users of the system pay a service rate sufficient to pay thecost of operating and maintaining the system and to provide an adequatedepreciation fund.
(c) Any city or town may fix special rates as provided in W.S.15-7-407.
15-7-509. Change of rates; recovery of unpaid charges; accounts.
(a) The charges for the use of the sewerage system may bechanged from time to time and except as otherwise provided in W.S. 15-7-407shall be fixed at a rate which equitably distributes the cost of service amongthe users. If any service charge is not paid within thirty (30) days after itis due, the amount thereof, together with a penalty of ten percent (10%), and areasonable attorney's fee, may be recovered in a civil action by the city ortown.
(b) Any city or town issuing bonds under this article shall maintaina proper system of accounts showing the amount of revenue received from thesewerage system and its application. At least once each year the accounts shallbe properly audited and a report of the audit shall be open for inspection atall proper times to any taxpayer, sewerage system user or any holder of anybond issued under this article, or their respective representatives.
15-7-510. Compelling officials to perform duties.
Theholder of any bond issued under this article, or of any coupon representinginterest accrued thereon, by proper suit, may compel the officials of the cityor town to perform all duties imposed upon them by this article.
15-7-511. Issuance of revenue bonds.
Revenuebonds under this article shall be issued in accordance with the requirements ofW.S. 15-7-102 insofar as it refers to submitting the proposition to a vote ofthe people and when not in conflict with the provisions of this article.
15-7-512. Special assessments; purposes; property included; amount;unplatted areas; nonpayment.
(a) Any city or town may make special assessments for theconstruction of sewers and water mains. The assessments shall be made on alllots and pieces of ground to the center of the block, or if the sewers or watermains are constructed in an alley, then on all lots and pieces of ground to thenearest street or avenue on each side of the alley, extending along the street,avenue or alley, the distance of the improvement, according to the area of thelots or pieces of ground without regard to the buildings or improvements. Theamount to be paid by each property holder shall be determined by dividing theexpenses of the construction of the proposed sewer or water main among all theproperty holders for the benefit of whose property the sewer or water main isto be constructed. In the case of unplatted acreage within the city limits, thecity or town shall consider that only the first seventy-five (75) feet in eachdirection from the sewer or water main is benefited and so assessed. However,if any property in an unplatted area is later connected to or receives servicefrom the sewer or water main, that property shall be assessed its proportionateshare. The amount to be assessed against each property holder shall be inproportion to the number of square feet each owns to the entire number ofsquare feet assessed for the expense of the construction.
(b) The city or town may adopt ordinances providing for themanner of sale, redemption and conveyance of lands sold for nonpayment of thespecial assessments.
15-7-513. Repealed by Laws 1981, ch. 174, 3.
15-7-514. Provisions cumulative.
Theprovisions of this article are cumulative, conferring additional power oncities and towns and are not limitations upon their powers to construct, acquireand improve and operate sewerage systems.
15-7-515. Repealed By Laws 2010, Ch. 69, 204.
ARTICLE 6 - AGREEMENTS TO FURNISH WATER
15-7-601. Extension of system; within corporate limits.
Anycity or town owning its municipal water system or plant may enter intoagreements with the owners of lands who desire to have the water systemextended to their property within the corporate limits of the city or town. Theland owners shall agree to pay to the city or town a stipulated amount, ininstallments as may be agreed upon, for a period not to exceed ten (10) years,regardless of the use or nonuse of water during the period, and to making thecharges a lien upon their respective lands. When the agreement has been filedwith the city or town clerk, the charges become a lien upon the lands. Any cityor town, by ordinance, may prescribe the rules and regulations governing theagreements and provide for the enforcement of the lien.