(a) The governing body of each city and town operating underthe commission form of government consists of the mayor and two (2)commissioners, each of whom has the right to vote on all questions comingbefore the governing body. Two (2) members of the council constitute a quorum,and the affirmative vote of two (2) members is necessary to adopt any motion,resolution or ordinance, or pass any measure, unless a greater number isotherwise provided. Upon every vote the yeas and nays shall be called andrecorded, and every motion, resolution or ordinance shall be reduced to writingand read before the vote is taken thereon.
(b) The mayor has no power to veto any measure, but everyresolution or ordinance passed by the council, before it is in force, must besigned by the mayor, or by two (2) commissioners and be recorded.
(c) The mayor is president of the governing body. Thecommissioner of finances and public property is vice-president of the governingbody and shall perform the duties of the mayor in his absence.
15-4-102. Departments; powers; administrators.
(a) The executive and administrative powers, authority andduties in cities and towns adopting this form of government shall bedistributed among three (3) departments, as follows:
(i) Department of public affairs and safety, to be administeredby the mayor;
(ii) Department of accounts, finance, parks and public property,to be administered by the commissioner of finances and public property;
(iii) Department of streets and public improvements, to beadministered by the commissioner of streets and public improvements.
15-4-103. Repealed By Laws 2004, Chapter 42, 2.
15-4-104. Officers and assistants; election and removal; voterequired; duties.
(a) The governing body, at its first meeting, or as soon aspracticable thereafter, shall elect by majority vote the following officers oras many thereof as may be necessary:
(i) City clerk;
(ii) Attorney;
(iii) Treasurer;
(iv) Civil engineer;
(v) Health officer;
(vi) Chief of police;
(vii) Chief of fire department; and
(viii) Any other officers and assistants as are provided for byordinance and necessary to the proper and efficient conduct of the city'saffairs.
(b) Any officer or assistant elected or appointed may beremoved from office at any time by a majority vote of the council, and theirduties shall be fixed by ordinance.
15-4-105. Officers and employees; offices; office hours; salaries.
(a) The mayor, commissioners and other officers as provided byordinance shall have offices in the city hall and shall maintain regular officehours to be fixed by ordinance. The compensation of the city officers shall bepaid in monthly installments not to exceed the following maximum amounts peryear:
(ii) Commissioner, twenty thousand dollars ($20,000.00);
(iii) City clerk, nineteen thousand dollars ($19,000.00);
(iv) City attorney, nineteen thousand two hundred dollars($19,200.00);
(v) City engineer, twenty thousand dollars ($20,000.00);
(vi) Police judge, six thousand dollars ($6,000.00).
(b) The annual salaries specified in subsection (a) of thissection may be fixed by ordinance at any amount less than the maximum amountspecified. No salary of any elective officer may be changed during his term ofoffice. The salary or compensation of other officers and employees, except asotherwise provided by law, shall be fixed by ordinance and payable in equalmonthly installments or more often.
(c) In cities and towns having an assessed valuation of fifteenmillion dollars ($15,000,000.00) or less, the annual salaries shall not exceedthe following:
(i) Mayor, fifteen thousand three hundred dollars ($15,300.00);
(ii) Commissioner, four thousand six hundred twenty dollars($4,620.00);
(iii) City clerk, four thousand three hundred dollars($4,300.00);
(iv) City attorney, three thousand six hundred dollars ($3,600.00);
(v) City engineer, four thousand three hundred dollars($4,300.00); and
(vi) Police judge, one thousand five hundred dollars($1,500.00).
15-4-106. Officers and employees; salaries; verified payroll.
Incities operating under a commission government, payment of wages and salary ofcity officers, laborers, firemen, police officers and other employees orofficers of any city department may be made upon approval by the governing bodyof a payroll verified by the oath of the city clerk as to city officers, andthe oaths of the mayor and city commissioners as to officers and employees ofthe departments of city government which they head. Presentation and allowanceof claims as provided by law for claims of other character is not required forpayment of salaries and wages embraced in a verified payroll.
15-4-109. Finances; first commission's appropriative powers.
Thefirst commission elected in a city under the provisions of this article has thepower, by ordinance, to revise, repeal or change any appropriations made forthe current fiscal year prior to the beginning of their term of office and tomake additional appropriations.
15-4-110. Recall of officers.
(a) Any elected officer may be removed at any time by thequalified electors in the following manner: a petition signed by at leasttwenty-five percent (25%) of all the registered electors and demanding anelection of a successor of the person sought to be removed shall be filed withthe city clerk. The petition shall contain a general statement of the groundsfor removal. The signatures to the petition need not all be appended to one (1)paper, but each signer shall add to his signature his place of residence,giving the street and number. One (1) of the signers of each paper shall makeoath before a competent officer that the statements therein made are true as hebelieves, and that each signature is the genuine signature of the person whosename it purports to be. Within ten (10) days from the date of filing thepetition the clerk shall determine whether or not the petition is signed by therequisite number of qualified electors. If necessary, the commission shallallow him extra help for that purpose. The clerk shall attach to the petitionhis certificate, showing the result of his examination. If the petition isinsufficient, it shall be returned to the person who filed it, withoutprejudice to the filing of a new petition to the same effect. If the petitionis sufficient, the clerk shall submit it to the governing body without delay.The governing body shall then fix a date for holding the election, not lessthan thirty (30) days nor more than forty (40) days from the date of theclerk's certificate of sufficiency. The commission shall publish notice andarrange for holding the election, which shall be conducted in the same manneras other city elections.
(b) Any person sought to be removed may be a candidate tosucceed himself, and unless he requests otherwise in writing at least ten (10)days prior to the date of the special primary election, the clerk shall placehis name on the official ballot without nomination. On the second Tuesdaypreceding the date fixed for the special election, a special primary electionfor the selection of candidates shall be held. The special primary election andnomination are governed by the provisions of this article. If the person soughtto be removed is a candidate, one (1) opposing candidate shall be selected atthe special primary election. The special primary election shall be held ifthere are more than two (2) nominees, one (1) of whom may be incumbent. Ifthere are no candidates nominated against the officer sought to be removed, nospecial election will be held and the incumbent shall continue in office.
(c) In any removal election the candidate receiving the highestnumber of votes is elected. The incumbent shall be removed from office upon thequalification of his successor, who shall hold office during the unexpiredportion of the term for which his predecessor was elected. If the person whoreceives the highest number of votes fails to qualify within ten (10) daysafter receiving notification of election the office is vacant. This method ofremoval is in addition to any other methods provided by law.
ARTICLE 2 - CITY MANAGER
15-4-201. Council officers; election; duties; compensation.
(a) The council, at the first meeting after the first electionunder this article and at the first meeting after each regular electionthereafter, shall elect from their number a president of the council to be themayor and a vice president of the council. During the absence or disability ofthe mayor, the vice president shall perform the duties of the mayor. In theabsence or disability of both, the council shall choose from their number apresident pro tem to perform the duties of the mayor.
(b) The salary for each councilman, other than the mayor, shallbe not less than ten dollars ($10.00) nor more than one hundred fifty dollars($150.00), as the council establishes by ordinance, for actual attendance ateach regular or special meeting. The salary for the mayor shall not be morethan twice the salary of the other council members.
(a) The governing body, as soon as possible after the firstelection, shall employ a city manager and a city attorney and fix theirsalaries. The city manager shall receive no other or additional salary for theperformance of any of the duties required of him as city manager. The citymanager is an employee and serves at the pleasure of the governing body. Hissalary may be changed from year to year, and his employment may be terminatedat any time by a majority vote of the governing body.
(b) The manager shall give thirty (30) days notice in writingto the governing body before resigning from his position. If the position isvacant for any reason, the governing body shall immediately proceed to employanother person. If there is a delay in securing a new manager, the governingbody shall immediately appoint an acting manager to fill the vacancy on aninterim basis. He shall qualify the same as the manager and shall be vestedwith authority and charged with the duties and responsibilities of the manageruntil a manager is employed and qualified.
(c) The governing body may fix the salaries for the variousoffices in the city to be paid in twelve (12) or more installments per year.
(i) Repealed by Laws 1985, ch. 8, 2.
(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) Repealed by Laws 1985, ch. 8, 2.
(vi) Repealed by Laws 1985, ch. 8, 2.
(vii) Repealed by Laws 1985, ch. 8, 2.
(viii) Repealed by Laws 1985, ch. 8, 2.
(ix) Repealed by Laws 1985, ch. 8, 2.
(x) Repealed by Laws 1985, ch. 8, 2.
(xi) Repealed by Laws 1985, ch. 8, 2.
(d) The governing body shall appoint one (1) or more municipaljudges with jurisdiction to hear and determine all cases arising under theordinances of the city or town. The rules of practice before the municipaljudges shall conform as nearly as possible to the provisions of the justicecode concerning complaints, continuances and trial, but no change of venue maybe granted in any case.
(e) Except as otherwise provided in this subsection, themanager may require any appointive officers and any employees to perform dutiesand services in one (1) or more departments of the city or town. No personshall receive compensation in addition to the salary of his position for theperformance of any required duties. The city attorney is not required toperform any service other than legal service. In cities and towns having apopulation of more than ten thousand (10,000), policemen and firemen are notrequired to perform any service other than that normally considered to be withintheir departments. Salaries of the members of the police and fire departmentsshall be established in conformity with the civil service laws of the state andordinances of the city applicable to those departments.
(f) The governing body may employ experts to perform unusual orspecial service upon the recommendation of the manager or otherwise. Subject toequal qualifications, preference shall be given to bona fide residents of thecity or town in employing applicants for positions.
(g) Except for the city manager, attorney and municipal judges,all employees shall be employed by the city manager, be selected on merit andserve at his pleasure. He shall fix their salaries by and with the consent ofthe governing body. Nothing in this section shall be construed as affecting orsuperseding the provisions of chapter 5 of this title.
15-4-203. Manager; duties; generally.
(a) In addition to his specific duties, the manager shall:
(i) See that all laws and ordinances are observed and enforced;
(ii) Attend all meetings of the governing body and may recommendnecessary and expedient measures;
(iii) Prepare and submit to the governing body reports requiredby it, or that he considers advisable;
(iv) Keep the governing body fully advised of the city'sfinancial condition and its future needs;
(v) Serve as the city's purchasing agent;
(vi) Perform all duties imposed upon him; and
(vii) Recommend rules and regulations necessary for the efficientand economical conduct of the business of the city or town subject to theprovisions of this article.
15-4-204. Manager; duties; public health; garbage.
Themanager shall enforce all statutes, ordinances and regulations relative to thepublic health, comfort and safety. If the owner or occupant of propertydeposits or allows the accumulation of garbage, offal, manure or rubbish of anykind upon it, or in the streets or alleys upon which it abuts, or permits weedsto grow and remain on the property, in violation of any statute or ordinance,the manager shall serve notice upon the occupant, or the owner or his agent, toremove the rubbish or weeds. If they are not removed within one (1) day afterservice of notice, the manager shall have them removed. The cost of removalshall be assessed against the property and constitutes a lien thereon. Theowner shall be notified of the amount assessed, and if it is not paid, it shallbe collected in the same manner as other special assessments.
15-4-205. Management and control of municipal public utility.
Unlessa board of public utilities has been established as provided in chapter 7,article 4, the manager shall control and manage any public utility owned andoperated by the city or town. Subject to the laws relating to publicutilities, he shall implement all rates and compensation as the governing bodyestablishes to be paid by consumers of water, gas, electric current or anyservice furnished by any other public utility, owned or operated by the city ortown, provided they are equal and uniform to all persons within the classserved. He shall make and enforce all necessary rules, regulations andpenalties to enforce their collection, or for the protection of the propertyand rights pertaining to public utilities. At the end of each month, or withinthree (3) days thereafter, he shall file with the clerk a report showing thereceipts and disbursements in the management of all public utilities during themonth.
15-4-206. Management and control of municipal public utility; powersand duties as to employees; exception.
(a) The manager shall control and manage the fire departmentand the police department and may appoint a chief of the fire department, achief of the police department and any other employees necessary in thosedepartments.
(b) The manager shall appoint a city clerk. He may alsoappoint a city engineer and a city treasurer. The city clerk may be appointedto act as treasurer, but he shall not receive more than the salary of one (1)position. The manager may appoint and remove any other necessary employees andfix their compensation within the limits specified by the governing body andthe law. Except as otherwise provided by law, he shall prescribe the powersand duties of all employees and may require any employee to perform duties intwo (2) or more departments. He shall file with the clerk a list of the namesof all employees together with a statement of the salary or compensation eachis to receive.
15-4-207. Repealed by Laws 1985, ch. 152, 4.
15-4-208. Repealed by Laws 1985, ch. 209, 3.
15-4-209. Renumbered by Laws 1985, ch. 209, 2.
15-4-210. Renumbered as 15-4-301 by Laws 2007, Ch. 124, 1.
15-4-242. Renumbered as 15-4-305 by Laws 2007, Ch. 124, 1.
15-4-243. Repealed by Laws 1984, ch. 33, 2.
15-4-244. Renumbered as 15-4-306 by Laws 2007, Ch. 124, 1.
15-4-245. Renumbered as 15-4-307 by Laws 2007, Ch. 124, 1.
15-4-246. Renumbered as 15-4-308 by Laws 2007, Ch. 124, 1.
15-4-247. Renumbered as 15-4-309 by Laws 2007, Ch. 124, 1.
15-4-248. Renumbered as 15-4-310 by Laws 2007, Ch. 124, 1.
15-4-249. Renumbered as 15-4-311 by Laws 2007, Ch. 124, 1.
15-4-250. Renumbered as 15-4-312 by Laws 2007, Ch. 124, 1.
15-4-251. Renumbered as 15-4-313 by Laws 2007, Ch. 124, 1.
ARTICLE 3 - PROPERTY, FINANCIAL AFFAIRS, CONTRACTS, STREETS,SUBDIVISIONS AND UTILITIES
15-4-301. Officers and employees; public property; delivery tosuccessor; penalty; enforcement.
Everyperson, upon the expiration of his term of office or employment, shall deliverto his successor in office all property in his possession belonging to the cityor town, or pertaining to the office held. Any person failing to do so withinfive (5) days after being notified and requested by the manager or president ofthe governing body, shall forfeit and pay for the use of the city five hundreddollars ($500.00) and all damages caused by his neglect or refusal to deliver. The amount may be recovered in an action brought for that purpose, and the citymay by action in the nature of replevin, or mandamus proceedings, enforce thedelivery of such property.
15-4-302. Finances; warrants; use for disbursements; exception;limitations; contents; procedure.
(a) Except as otherwise provided by law, all disbursementsshall be made by check or warrant signed by the manager and countersigned bythe mayor. No check or warrant may be drawn in payment of a claim of more thanfifty dollars ($50.00) until the claim is certified by the manager and allowedby resolution of the governing body. Each check or warrant shall specify itspurpose and shall be made payable to the order of the person in whose favor itis drawn.
(b) Repealed by Laws 1985, ch. 152, 4.
15-4-303. Finances; issuance and sale of bonds generally; purposes;amounts; limitations; exception.
(a) The city or town may by ordinance issue and sell bonds orcertificates of indebtedness as follows:
(i) To pay, fund or refund any of its debts;
(ii) To purchase, construct, extend, improve and maintain publicutility plants named in the ordinance authorizing the issue of the bonds orcertificates of indebtedness;
(iii) Not to exceed a total outstanding issue of one hundredfifty thousand dollars ($150,000.00) for the benefit of the permanentimprovement revolving fund;
(iv) For defraying the cost of making local improvements:
(A) In intersections of streets and alleys; and
(B) In front of property exempt by law from specialassessments, and property owned by the city or town.
(v) For defraying the cost of establishing and maintaining ageneral system of sewers and of maintaining, altering, relaying and extendingexisting systems of sewers;
(vi) For the purchase, erection and improvement of necessarypublic buildings;
(vii) For establishing garbage crematories or other means ofgarbage disposal, hospitals, schools, libraries, museums and art galleries;
(viii) For changing, controlling or bridging streams or ravinesand constructing and repairing bridges within the corporate limits;
(ix) Not to exceed forty thousand dollars ($40,000.00), to runnot longer than ten (10) years, for the benefit of the general fund in case ofa failure of the anticipated revenue from sources other than taxation;
(x) To purchase real property for future public use, if theacquisition of the land in the opinion of the governing body is necessary toconform to a master plan adopted and certified for the physical development ofthe municipality under W.S. 15-1-501 through 15-1-512.
(b) No bonds except those specified in paragraph (a)(i) of thissection may be issued or sold unless the governing body is first authorized todo so by a majority of the electors of the city or town voting thereon at anelection called, conducted, canvassed and returned in the manner provided forbond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101through 22-21-112.
(c) Bonds issued and sold under this section shall not be soldfor less than par value and shall bear interest at a rate established byordinance.
(d) The funded indebtedness other than that provided insubsection (a)(v) of this section shall not exceed four percent (4%) of theassessed value of the taxable property of the city. When determining indebtednessfor the purpose of fixing that limit, bonds issued for the purpose of supplyingwater shall not be counted. Bonds issued under subsection (a)(v) of thissection shall not exceed four percent (4%) of the assessed value of the taxableproperty of the city or town.
(e) The limitations expressed in this section have noapplication to refunding public securities issued pursuant to the GeneralObligation Public Securities Refunding Law except as otherwise provided in thatact.
15-4-304. Claims; appeals; exception; definition.
Exceptas provided by W.S. 1-39-101 through 1-39-121, if any claim against the city isdisallowed in whole or in part, the claimant may appeal from the decision ofthe governing body to the district court of the district in which the city ortown is situated pursuant to Rule 12 of the Wyoming Rules of AppellateProcedure. "Claim" as used in this section means claims as arepresented for audit and not claims for salaries of officers and employees orother fixed charges against the city or town, nor claims covered by W.S.1-39-101 through 1-39-121.
Thegoverning body has the exclusive power and, by ordinance, may vacate anyhighway, street, lane or alley, or portion thereof. No vacation may be orderedexcept upon petition of a majority of the owners owning a majority of theproperty abutting on the portion proposed to be vacated and extending threehundred (300) feet in either direction from the portion proposed to bevacated. The city or town may demand and receive the value of the land vacatedas consideration for the vacation.
15-4-306. Construction or reconstruction of sidewalks and curbs;landowner's duties; notice; assessment; establishing grade and parking width.
(a) All owners of land adjoining any street, lane or alleyshall construct or reconstruct a sidewalk and curb along the street, lane oralley next to the land when ordered to do so by the manager. All sidewalks andcurbs shall be constructed as designated by the manager. However, the managershall not require any person to construct a walk or curb in a different manner,or of a different material, than is required of other persons in the same blockfronting the street. It is the duty of landowners to keep any sidewalk or curbnow constructed, or which may hereafter be constructed in front of the land, ingood repair and in safe condition.
(b) If the manager considers it necessary that a sidewalk orcurb be constructed, reconstructed or repaired, notice shall be served upon theowner of the land along which it is to be constructed or repaired specifyingthe manner in which it is to be constructed or repaired and the estimated costwhich may be assessed if the city or town does the work. The notice shall beserved personally upon the owner, or if he is not to be found within the cityor town, it shall be sent to him by registered or certified mail, requesting areturn receipt, if his address is known. Otherwise it shall be published oncein the official newspaper of the city or town. Unless the owner within two (2)weeks after service, mailing or publication of the notice, begins theconstruction or repair and completes it without delay, the manager shall havethe work done at the expense of the permanent improvement revolving fund. Uponcompletion of the work, the manager shall certify the cost thereof to the clerkof the city or town. The governing body shall then fix a date for hearing uponthe costs. The procedure for notice and hearing shall be as set forth in W.S.15-6-405. Upon confirmation of the assessment by the governing body, the chargelevied is a lien upon the property as set forth in W.S. 15-6-406. The governingbody may levy and collect the assessment and provide for the manner of sale, redemptionand conveyance of lands sold for nonpayment of the assessment in the mannerprovided in W.S. 15-6-401 through 15-6-448. When collected the assessment shallbe paid into the revolving fund. The manager, upon proper showing made to him,may extend the time within which the construction or repair shall begin or becompleted.
(c) Before ordering the construction of any new sidewalk orcurb, the manager shall establish its grade and the width of the parking.
15-4-307. Construction or reconstruction of sidewalks and curbs;conditions causing injury; liability and proceedings generally.
Anyperson who renders a street insufficient or unsafe for travel by anyexcavations or obstructions not authorized by law or ordinance, or is negligentin the management of any authorized excavation or obstruction, or fails tomaintain proper guards or lights is liable for all damages recovered by anyperson injured as a result of the obstruction or negligence. No action may bemaintained against the city or town for damages unless the person or personscreating the condition are joined as parties defendant. In case of judgmentagainst the defendants, execution shall at first issue only against thedefendant causing the insufficiency or danger, and the city or town is notrequired to pay the judgment until that execution is returned unsatisfied. Ifthe city or town pays the judgment, it is the owner thereof and may enforce itspayment from the other defendants. The city or town is also entitled toexecution against them and to take such other proceedings as judgment creditorsare entitled to take.
15-4-308. Conditions causing injury; defects.
Noaction may be maintained against the city or town on account of injuriesreceived by means of any defect in the condition of any bridge, street,sidewalk or thoroughfare except as provided by W.S. 1-39-101 through 1-39-119.
15-4-309. Conditions causing injury; obstructions by railways.
Norailway company or street railway company, when cleaning their track, may pileup snow or other material and leave it piled upon any street in the city ortown. Any such company is liable to any person injured as a result of theobstruction for all damages sustained. If damages are recovered against thecity or town for injuries caused by the obstruction, the city may recover fromthe company responsible.
15-4-310. Subdividing; survey and plat required; procedure; streets;layout and grading.
(a) If any person subdivides any parcel of ground within thecity or town into building lots for the purpose of sale, he shall have itsurveyed and platted in accordance with the general laws. When the survey andplats are completed and acknowledged, a copy shall be presented to the cityengineer, who shall advise the manager whether it should be accepted orrejected, or a modification directed. The manager shall then present it to thegoverning body with the recommendation.
(b) When any plat is accepted by the governing body, the clerkshall so certify upon the face of the plat, and it may then be recorded asprovided by the general laws relating to the making and filing of plats. Except as otherwise provided by law, all provisions of the general lawsrelating to the making and filing of plats apply to the city. No person isentitled to damages for laying out or extension of any street or alley over anylot or parcel of land sold or offered for sale contrary to law.
(c) The acceptance of the plat or addition of any ground,either within or outside the limits of the city or town, does not make itliable to grade the streets therein designated, or responsible for aninsufficiency in a street, until the governing body directs they be graded andopened for travel.
Ifthe owners or occupants of property within the city fail to promptly removeaccumulations of snow or other obstructions from the sidewalks, or streets oralleys on which their property abuts, when required to do so by ordinance, themanager may have it removed and the cost of removal assessed against theproperty. The cost of removal constitutes a lien against the property to becollected in the same manner as special assessments.
15-4-312. Public utilities; installation.
Thecity or town may install, purchase, construct and operate any street railwayand any gas, water, ice, heat, power, light or other plant for the furnishingof any commodity or service, or other public utility, and engage in themanufacture, production, purchase and sale of gas, water, ice, coal, heat, power,light or other commodities.
15-4-313. Public utilities; manner of disposal.
Nopublic utility owned by the city, whether acquired prior to the adoption ofthis article or thereafter, may be sold, leased or otherwise disposed of and noreal property may be sold unless the full terms of the sale or otherdisposition, together with the price to be paid, is published in the officialpaper of the city or town once a week for three (3) consecutive weeks, beforefinal action of the governing body. The proposition shall then be submitted toa vote of the people for ratification or rejection at the next generalmunicipal election and ratified by at least two-thirds (2/3) majority vote ofelectors voting upon the question.
15-4-314. Applicability of article.
The provisions of this article shall applyto any form of alternative city government authorized under this chapter.
(a) The governing body of each city and town operating underthe commission form of government consists of the mayor and two (2)commissioners, each of whom has the right to vote on all questions comingbefore the governing body. Two (2) members of the council constitute a quorum,and the affirmative vote of two (2) members is necessary to adopt any motion,resolution or ordinance, or pass any measure, unless a greater number isotherwise provided. Upon every vote the yeas and nays shall be called andrecorded, and every motion, resolution or ordinance shall be reduced to writingand read before the vote is taken thereon.
(b) The mayor has no power to veto any measure, but everyresolution or ordinance passed by the council, before it is in force, must besigned by the mayor, or by two (2) commissioners and be recorded.
(c) The mayor is president of the governing body. Thecommissioner of finances and public property is vice-president of the governingbody and shall perform the duties of the mayor in his absence.
15-4-102. Departments; powers; administrators.
(a) The executive and administrative powers, authority andduties in cities and towns adopting this form of government shall bedistributed among three (3) departments, as follows:
(i) Department of public affairs and safety, to be administeredby the mayor;
(ii) Department of accounts, finance, parks and public property,to be administered by the commissioner of finances and public property;
(iii) Department of streets and public improvements, to beadministered by the commissioner of streets and public improvements.
15-4-103. Repealed By Laws 2004, Chapter 42, 2.
15-4-104. Officers and assistants; election and removal; voterequired; duties.
(a) The governing body, at its first meeting, or as soon aspracticable thereafter, shall elect by majority vote the following officers oras many thereof as may be necessary:
(i) City clerk;
(ii) Attorney;
(iii) Treasurer;
(iv) Civil engineer;
(v) Health officer;
(vi) Chief of police;
(vii) Chief of fire department; and
(viii) Any other officers and assistants as are provided for byordinance and necessary to the proper and efficient conduct of the city'saffairs.
(b) Any officer or assistant elected or appointed may beremoved from office at any time by a majority vote of the council, and theirduties shall be fixed by ordinance.
15-4-105. Officers and employees; offices; office hours; salaries.
(a) The mayor, commissioners and other officers as provided byordinance shall have offices in the city hall and shall maintain regular officehours to be fixed by ordinance. The compensation of the city officers shall bepaid in monthly installments not to exceed the following maximum amounts peryear:
(ii) Commissioner, twenty thousand dollars ($20,000.00);
(iii) City clerk, nineteen thousand dollars ($19,000.00);
(iv) City attorney, nineteen thousand two hundred dollars($19,200.00);
(v) City engineer, twenty thousand dollars ($20,000.00);
(vi) Police judge, six thousand dollars ($6,000.00).
(b) The annual salaries specified in subsection (a) of thissection may be fixed by ordinance at any amount less than the maximum amountspecified. No salary of any elective officer may be changed during his term ofoffice. The salary or compensation of other officers and employees, except asotherwise provided by law, shall be fixed by ordinance and payable in equalmonthly installments or more often.
(c) In cities and towns having an assessed valuation of fifteenmillion dollars ($15,000,000.00) or less, the annual salaries shall not exceedthe following:
(i) Mayor, fifteen thousand three hundred dollars ($15,300.00);
(ii) Commissioner, four thousand six hundred twenty dollars($4,620.00);
(iii) City clerk, four thousand three hundred dollars($4,300.00);
(iv) City attorney, three thousand six hundred dollars ($3,600.00);
(v) City engineer, four thousand three hundred dollars($4,300.00); and
(vi) Police judge, one thousand five hundred dollars($1,500.00).
15-4-106. Officers and employees; salaries; verified payroll.
Incities operating under a commission government, payment of wages and salary ofcity officers, laborers, firemen, police officers and other employees orofficers of any city department may be made upon approval by the governing bodyof a payroll verified by the oath of the city clerk as to city officers, andthe oaths of the mayor and city commissioners as to officers and employees ofthe departments of city government which they head. Presentation and allowanceof claims as provided by law for claims of other character is not required forpayment of salaries and wages embraced in a verified payroll.
15-4-109. Finances; first commission's appropriative powers.
Thefirst commission elected in a city under the provisions of this article has thepower, by ordinance, to revise, repeal or change any appropriations made forthe current fiscal year prior to the beginning of their term of office and tomake additional appropriations.
15-4-110. Recall of officers.
(a) Any elected officer may be removed at any time by thequalified electors in the following manner: a petition signed by at leasttwenty-five percent (25%) of all the registered electors and demanding anelection of a successor of the person sought to be removed shall be filed withthe city clerk. The petition shall contain a general statement of the groundsfor removal. The signatures to the petition need not all be appended to one (1)paper, but each signer shall add to his signature his place of residence,giving the street and number. One (1) of the signers of each paper shall makeoath before a competent officer that the statements therein made are true as hebelieves, and that each signature is the genuine signature of the person whosename it purports to be. Within ten (10) days from the date of filing thepetition the clerk shall determine whether or not the petition is signed by therequisite number of qualified electors. If necessary, the commission shallallow him extra help for that purpose. The clerk shall attach to the petitionhis certificate, showing the result of his examination. If the petition isinsufficient, it shall be returned to the person who filed it, withoutprejudice to the filing of a new petition to the same effect. If the petitionis sufficient, the clerk shall submit it to the governing body without delay.The governing body shall then fix a date for holding the election, not lessthan thirty (30) days nor more than forty (40) days from the date of theclerk's certificate of sufficiency. The commission shall publish notice andarrange for holding the election, which shall be conducted in the same manneras other city elections.
(b) Any person sought to be removed may be a candidate tosucceed himself, and unless he requests otherwise in writing at least ten (10)days prior to the date of the special primary election, the clerk shall placehis name on the official ballot without nomination. On the second Tuesdaypreceding the date fixed for the special election, a special primary electionfor the selection of candidates shall be held. The special primary election andnomination are governed by the provisions of this article. If the person soughtto be removed is a candidate, one (1) opposing candidate shall be selected atthe special primary election. The special primary election shall be held ifthere are more than two (2) nominees, one (1) of whom may be incumbent. Ifthere are no candidates nominated against the officer sought to be removed, nospecial election will be held and the incumbent shall continue in office.
(c) In any removal election the candidate receiving the highestnumber of votes is elected. The incumbent shall be removed from office upon thequalification of his successor, who shall hold office during the unexpiredportion of the term for which his predecessor was elected. If the person whoreceives the highest number of votes fails to qualify within ten (10) daysafter receiving notification of election the office is vacant. This method ofremoval is in addition to any other methods provided by law.
ARTICLE 2 - CITY MANAGER
15-4-201. Council officers; election; duties; compensation.
(a) The council, at the first meeting after the first electionunder this article and at the first meeting after each regular electionthereafter, shall elect from their number a president of the council to be themayor and a vice president of the council. During the absence or disability ofthe mayor, the vice president shall perform the duties of the mayor. In theabsence or disability of both, the council shall choose from their number apresident pro tem to perform the duties of the mayor.
(b) The salary for each councilman, other than the mayor, shallbe not less than ten dollars ($10.00) nor more than one hundred fifty dollars($150.00), as the council establishes by ordinance, for actual attendance ateach regular or special meeting. The salary for the mayor shall not be morethan twice the salary of the other council members.
(a) The governing body, as soon as possible after the firstelection, shall employ a city manager and a city attorney and fix theirsalaries. The city manager shall receive no other or additional salary for theperformance of any of the duties required of him as city manager. The citymanager is an employee and serves at the pleasure of the governing body. Hissalary may be changed from year to year, and his employment may be terminatedat any time by a majority vote of the governing body.
(b) The manager shall give thirty (30) days notice in writingto the governing body before resigning from his position. If the position isvacant for any reason, the governing body shall immediately proceed to employanother person. If there is a delay in securing a new manager, the governingbody shall immediately appoint an acting manager to fill the vacancy on aninterim basis. He shall qualify the same as the manager and shall be vestedwith authority and charged with the duties and responsibilities of the manageruntil a manager is employed and qualified.
(c) The governing body may fix the salaries for the variousoffices in the city to be paid in twelve (12) or more installments per year.
(i) Repealed by Laws 1985, ch. 8, 2.
(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) Repealed by Laws 1985, ch. 8, 2.
(vi) Repealed by Laws 1985, ch. 8, 2.
(vii) Repealed by Laws 1985, ch. 8, 2.
(viii) Repealed by Laws 1985, ch. 8, 2.
(ix) Repealed by Laws 1985, ch. 8, 2.
(x) Repealed by Laws 1985, ch. 8, 2.
(xi) Repealed by Laws 1985, ch. 8, 2.
(d) The governing body shall appoint one (1) or more municipaljudges with jurisdiction to hear and determine all cases arising under theordinances of the city or town. The rules of practice before the municipaljudges shall conform as nearly as possible to the provisions of the justicecode concerning complaints, continuances and trial, but no change of venue maybe granted in any case.
(e) Except as otherwise provided in this subsection, themanager may require any appointive officers and any employees to perform dutiesand services in one (1) or more departments of the city or town. No personshall receive compensation in addition to the salary of his position for theperformance of any required duties. The city attorney is not required toperform any service other than legal service. In cities and towns having apopulation of more than ten thousand (10,000), policemen and firemen are notrequired to perform any service other than that normally considered to be withintheir departments. Salaries of the members of the police and fire departmentsshall be established in conformity with the civil service laws of the state andordinances of the city applicable to those departments.
(f) The governing body may employ experts to perform unusual orspecial service upon the recommendation of the manager or otherwise. Subject toequal qualifications, preference shall be given to bona fide residents of thecity or town in employing applicants for positions.
(g) Except for the city manager, attorney and municipal judges,all employees shall be employed by the city manager, be selected on merit andserve at his pleasure. He shall fix their salaries by and with the consent ofthe governing body. Nothing in this section shall be construed as affecting orsuperseding the provisions of chapter 5 of this title.
15-4-203. Manager; duties; generally.
(a) In addition to his specific duties, the manager shall:
(i) See that all laws and ordinances are observed and enforced;
(ii) Attend all meetings of the governing body and may recommendnecessary and expedient measures;
(iii) Prepare and submit to the governing body reports requiredby it, or that he considers advisable;
(iv) Keep the governing body fully advised of the city'sfinancial condition and its future needs;
(v) Serve as the city's purchasing agent;
(vi) Perform all duties imposed upon him; and
(vii) Recommend rules and regulations necessary for the efficientand economical conduct of the business of the city or town subject to theprovisions of this article.
15-4-204. Manager; duties; public health; garbage.
Themanager shall enforce all statutes, ordinances and regulations relative to thepublic health, comfort and safety. If the owner or occupant of propertydeposits or allows the accumulation of garbage, offal, manure or rubbish of anykind upon it, or in the streets or alleys upon which it abuts, or permits weedsto grow and remain on the property, in violation of any statute or ordinance,the manager shall serve notice upon the occupant, or the owner or his agent, toremove the rubbish or weeds. If they are not removed within one (1) day afterservice of notice, the manager shall have them removed. The cost of removalshall be assessed against the property and constitutes a lien thereon. Theowner shall be notified of the amount assessed, and if it is not paid, it shallbe collected in the same manner as other special assessments.
15-4-205. Management and control of municipal public utility.
Unlessa board of public utilities has been established as provided in chapter 7,article 4, the manager shall control and manage any public utility owned andoperated by the city or town. Subject to the laws relating to publicutilities, he shall implement all rates and compensation as the governing bodyestablishes to be paid by consumers of water, gas, electric current or anyservice furnished by any other public utility, owned or operated by the city ortown, provided they are equal and uniform to all persons within the classserved. He shall make and enforce all necessary rules, regulations andpenalties to enforce their collection, or for the protection of the propertyand rights pertaining to public utilities. At the end of each month, or withinthree (3) days thereafter, he shall file with the clerk a report showing thereceipts and disbursements in the management of all public utilities during themonth.
15-4-206. Management and control of municipal public utility; powersand duties as to employees; exception.
(a) The manager shall control and manage the fire departmentand the police department and may appoint a chief of the fire department, achief of the police department and any other employees necessary in thosedepartments.
(b) The manager shall appoint a city clerk. He may alsoappoint a city engineer and a city treasurer. The city clerk may be appointedto act as treasurer, but he shall not receive more than the salary of one (1)position. The manager may appoint and remove any other necessary employees andfix their compensation within the limits specified by the governing body andthe law. Except as otherwise provided by law, he shall prescribe the powersand duties of all employees and may require any employee to perform duties intwo (2) or more departments. He shall file with the clerk a list of the namesof all employees together with a statement of the salary or compensation eachis to receive.
15-4-207. Repealed by Laws 1985, ch. 152, 4.
15-4-208. Repealed by Laws 1985, ch. 209, 3.
15-4-209. Renumbered by Laws 1985, ch. 209, 2.
15-4-210. Renumbered as 15-4-301 by Laws 2007, Ch. 124, 1.
15-4-242. Renumbered as 15-4-305 by Laws 2007, Ch. 124, 1.
15-4-243. Repealed by Laws 1984, ch. 33, 2.
15-4-244. Renumbered as 15-4-306 by Laws 2007, Ch. 124, 1.
15-4-245. Renumbered as 15-4-307 by Laws 2007, Ch. 124, 1.
15-4-246. Renumbered as 15-4-308 by Laws 2007, Ch. 124, 1.
15-4-247. Renumbered as 15-4-309 by Laws 2007, Ch. 124, 1.
15-4-248. Renumbered as 15-4-310 by Laws 2007, Ch. 124, 1.
15-4-249. Renumbered as 15-4-311 by Laws 2007, Ch. 124, 1.
15-4-250. Renumbered as 15-4-312 by Laws 2007, Ch. 124, 1.
15-4-251. Renumbered as 15-4-313 by Laws 2007, Ch. 124, 1.
ARTICLE 3 - PROPERTY, FINANCIAL AFFAIRS, CONTRACTS, STREETS,SUBDIVISIONS AND UTILITIES
15-4-301. Officers and employees; public property; delivery tosuccessor; penalty; enforcement.
Everyperson, upon the expiration of his term of office or employment, shall deliverto his successor in office all property in his possession belonging to the cityor town, or pertaining to the office held. Any person failing to do so withinfive (5) days after being notified and requested by the manager or president ofthe governing body, shall forfeit and pay for the use of the city five hundreddollars ($500.00) and all damages caused by his neglect or refusal to deliver. The amount may be recovered in an action brought for that purpose, and the citymay by action in the nature of replevin, or mandamus proceedings, enforce thedelivery of such property.
15-4-302. Finances; warrants; use for disbursements; exception;limitations; contents; procedure.
(a) Except as otherwise provided by law, all disbursementsshall be made by check or warrant signed by the manager and countersigned bythe mayor. No check or warrant may be drawn in payment of a claim of more thanfifty dollars ($50.00) until the claim is certified by the manager and allowedby resolution of the governing body. Each check or warrant shall specify itspurpose and shall be made payable to the order of the person in whose favor itis drawn.
(b) Repealed by Laws 1985, ch. 152, 4.
15-4-303. Finances; issuance and sale of bonds generally; purposes;amounts; limitations; exception.
(a) The city or town may by ordinance issue and sell bonds orcertificates of indebtedness as follows:
(i) To pay, fund or refund any of its debts;
(ii) To purchase, construct, extend, improve and maintain publicutility plants named in the ordinance authorizing the issue of the bonds orcertificates of indebtedness;
(iii) Not to exceed a total outstanding issue of one hundredfifty thousand dollars ($150,000.00) for the benefit of the permanentimprovement revolving fund;
(iv) For defraying the cost of making local improvements:
(A) In intersections of streets and alleys; and
(B) In front of property exempt by law from specialassessments, and property owned by the city or town.
(v) For defraying the cost of establishing and maintaining ageneral system of sewers and of maintaining, altering, relaying and extendingexisting systems of sewers;
(vi) For the purchase, erection and improvement of necessarypublic buildings;
(vii) For establishing garbage crematories or other means ofgarbage disposal, hospitals, schools, libraries, museums and art galleries;
(viii) For changing, controlling or bridging streams or ravinesand constructing and repairing bridges within the corporate limits;
(ix) Not to exceed forty thousand dollars ($40,000.00), to runnot longer than ten (10) years, for the benefit of the general fund in case ofa failure of the anticipated revenue from sources other than taxation;
(x) To purchase real property for future public use, if theacquisition of the land in the opinion of the governing body is necessary toconform to a master plan adopted and certified for the physical development ofthe municipality under W.S. 15-1-501 through 15-1-512.
(b) No bonds except those specified in paragraph (a)(i) of thissection may be issued or sold unless the governing body is first authorized todo so by a majority of the electors of the city or town voting thereon at anelection called, conducted, canvassed and returned in the manner provided forbond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101through 22-21-112.
(c) Bonds issued and sold under this section shall not be soldfor less than par value and shall bear interest at a rate established byordinance.
(d) The funded indebtedness other than that provided insubsection (a)(v) of this section shall not exceed four percent (4%) of theassessed value of the taxable property of the city. When determining indebtednessfor the purpose of fixing that limit, bonds issued for the purpose of supplyingwater shall not be counted. Bonds issued under subsection (a)(v) of thissection shall not exceed four percent (4%) of the assessed value of the taxableproperty of the city or town.
(e) The limitations expressed in this section have noapplication to refunding public securities issued pursuant to the GeneralObligation Public Securities Refunding Law except as otherwise provided in thatact.
15-4-304. Claims; appeals; exception; definition.
Exceptas provided by W.S. 1-39-101 through 1-39-121, if any claim against the city isdisallowed in whole or in part, the claimant may appeal from the decision ofthe governing body to the district court of the district in which the city ortown is situated pursuant to Rule 12 of the Wyoming Rules of AppellateProcedure. "Claim" as used in this section means claims as arepresented for audit and not claims for salaries of officers and employees orother fixed charges against the city or town, nor claims covered by W.S.1-39-101 through 1-39-121.
Thegoverning body has the exclusive power and, by ordinance, may vacate anyhighway, street, lane or alley, or portion thereof. No vacation may be orderedexcept upon petition of a majority of the owners owning a majority of theproperty abutting on the portion proposed to be vacated and extending threehundred (300) feet in either direction from the portion proposed to bevacated. The city or town may demand and receive the value of the land vacatedas consideration for the vacation.
15-4-306. Construction or reconstruction of sidewalks and curbs;landowner's duties; notice; assessment; establishing grade and parking width.
(a) All owners of land adjoining any street, lane or alleyshall construct or reconstruct a sidewalk and curb along the street, lane oralley next to the land when ordered to do so by the manager. All sidewalks andcurbs shall be constructed as designated by the manager. However, the managershall not require any person to construct a walk or curb in a different manner,or of a different material, than is required of other persons in the same blockfronting the street. It is the duty of landowners to keep any sidewalk or curbnow constructed, or which may hereafter be constructed in front of the land, ingood repair and in safe condition.
(b) If the manager considers it necessary that a sidewalk orcurb be constructed, reconstructed or repaired, notice shall be served upon theowner of the land along which it is to be constructed or repaired specifyingthe manner in which it is to be constructed or repaired and the estimated costwhich may be assessed if the city or town does the work. The notice shall beserved personally upon the owner, or if he is not to be found within the cityor town, it shall be sent to him by registered or certified mail, requesting areturn receipt, if his address is known. Otherwise it shall be published oncein the official newspaper of the city or town. Unless the owner within two (2)weeks after service, mailing or publication of the notice, begins theconstruction or repair and completes it without delay, the manager shall havethe work done at the expense of the permanent improvement revolving fund. Uponcompletion of the work, the manager shall certify the cost thereof to the clerkof the city or town. The governing body shall then fix a date for hearing uponthe costs. The procedure for notice and hearing shall be as set forth in W.S.15-6-405. Upon confirmation of the assessment by the governing body, the chargelevied is a lien upon the property as set forth in W.S. 15-6-406. The governingbody may levy and collect the assessment and provide for the manner of sale, redemptionand conveyance of lands sold for nonpayment of the assessment in the mannerprovided in W.S. 15-6-401 through 15-6-448. When collected the assessment shallbe paid into the revolving fund. The manager, upon proper showing made to him,may extend the time within which the construction or repair shall begin or becompleted.
(c) Before ordering the construction of any new sidewalk orcurb, the manager shall establish its grade and the width of the parking.
15-4-307. Construction or reconstruction of sidewalks and curbs;conditions causing injury; liability and proceedings generally.
Anyperson who renders a street insufficient or unsafe for travel by anyexcavations or obstructions not authorized by law or ordinance, or is negligentin the management of any authorized excavation or obstruction, or fails tomaintain proper guards or lights is liable for all damages recovered by anyperson injured as a result of the obstruction or negligence. No action may bemaintained against the city or town for damages unless the person or personscreating the condition are joined as parties defendant. In case of judgmentagainst the defendants, execution shall at first issue only against thedefendant causing the insufficiency or danger, and the city or town is notrequired to pay the judgment until that execution is returned unsatisfied. Ifthe city or town pays the judgment, it is the owner thereof and may enforce itspayment from the other defendants. The city or town is also entitled toexecution against them and to take such other proceedings as judgment creditorsare entitled to take.
15-4-308. Conditions causing injury; defects.
Noaction may be maintained against the city or town on account of injuriesreceived by means of any defect in the condition of any bridge, street,sidewalk or thoroughfare except as provided by W.S. 1-39-101 through 1-39-119.
15-4-309. Conditions causing injury; obstructions by railways.
Norailway company or street railway company, when cleaning their track, may pileup snow or other material and leave it piled upon any street in the city ortown. Any such company is liable to any person injured as a result of theobstruction for all damages sustained. If damages are recovered against thecity or town for injuries caused by the obstruction, the city may recover fromthe company responsible.
15-4-310. Subdividing; survey and plat required; procedure; streets;layout and grading.
(a) If any person subdivides any parcel of ground within thecity or town into building lots for the purpose of sale, he shall have itsurveyed and platted in accordance with the general laws. When the survey andplats are completed and acknowledged, a copy shall be presented to the cityengineer, who shall advise the manager whether it should be accepted orrejected, or a modification directed. The manager shall then present it to thegoverning body with the recommendation.
(b) When any plat is accepted by the governing body, the clerkshall so certify upon the face of the plat, and it may then be recorded asprovided by the general laws relating to the making and filing of plats. Except as otherwise provided by law, all provisions of the general lawsrelating to the making and filing of plats apply to the city. No person isentitled to damages for laying out or extension of any street or alley over anylot or parcel of land sold or offered for sale contrary to law.
(c) The acceptance of the plat or addition of any ground,either within or outside the limits of the city or town, does not make itliable to grade the streets therein designated, or responsible for aninsufficiency in a street, until the governing body directs they be graded andopened for travel.
Ifthe owners or occupants of property within the city fail to promptly removeaccumulations of snow or other obstructions from the sidewalks, or streets oralleys on which their property abuts, when required to do so by ordinance, themanager may have it removed and the cost of removal assessed against theproperty. The cost of removal constitutes a lien against the property to becollected in the same manner as special assessments.
15-4-312. Public utilities; installation.
Thecity or town may install, purchase, construct and operate any street railwayand any gas, water, ice, heat, power, light or other plant for the furnishingof any commodity or service, or other public utility, and engage in themanufacture, production, purchase and sale of gas, water, ice, coal, heat, power,light or other commodities.
15-4-313. Public utilities; manner of disposal.
Nopublic utility owned by the city, whether acquired prior to the adoption ofthis article or thereafter, may be sold, leased or otherwise disposed of and noreal property may be sold unless the full terms of the sale or otherdisposition, together with the price to be paid, is published in the officialpaper of the city or town once a week for three (3) consecutive weeks, beforefinal action of the governing body. The proposition shall then be submitted toa vote of the people for ratification or rejection at the next generalmunicipal election and ratified by at least two-thirds (2/3) majority vote ofelectors voting upon the question.
15-4-314. Applicability of article.
The provisions of this article shall applyto any form of alternative city government authorized under this chapter.
(a) The governing body of each city and town operating underthe commission form of government consists of the mayor and two (2)commissioners, each of whom has the right to vote on all questions comingbefore the governing body. Two (2) members of the council constitute a quorum,and the affirmative vote of two (2) members is necessary to adopt any motion,resolution or ordinance, or pass any measure, unless a greater number isotherwise provided. Upon every vote the yeas and nays shall be called andrecorded, and every motion, resolution or ordinance shall be reduced to writingand read before the vote is taken thereon.
(b) The mayor has no power to veto any measure, but everyresolution or ordinance passed by the council, before it is in force, must besigned by the mayor, or by two (2) commissioners and be recorded.
(c) The mayor is president of the governing body. Thecommissioner of finances and public property is vice-president of the governingbody and shall perform the duties of the mayor in his absence.
15-4-102. Departments; powers; administrators.
(a) The executive and administrative powers, authority andduties in cities and towns adopting this form of government shall bedistributed among three (3) departments, as follows:
(i) Department of public affairs and safety, to be administeredby the mayor;
(ii) Department of accounts, finance, parks and public property,to be administered by the commissioner of finances and public property;
(iii) Department of streets and public improvements, to beadministered by the commissioner of streets and public improvements.
15-4-103. Repealed By Laws 2004, Chapter 42, 2.
15-4-104. Officers and assistants; election and removal; voterequired; duties.
(a) The governing body, at its first meeting, or as soon aspracticable thereafter, shall elect by majority vote the following officers oras many thereof as may be necessary:
(i) City clerk;
(ii) Attorney;
(iii) Treasurer;
(iv) Civil engineer;
(v) Health officer;
(vi) Chief of police;
(vii) Chief of fire department; and
(viii) Any other officers and assistants as are provided for byordinance and necessary to the proper and efficient conduct of the city'saffairs.
(b) Any officer or assistant elected or appointed may beremoved from office at any time by a majority vote of the council, and theirduties shall be fixed by ordinance.
15-4-105. Officers and employees; offices; office hours; salaries.
(a) The mayor, commissioners and other officers as provided byordinance shall have offices in the city hall and shall maintain regular officehours to be fixed by ordinance. The compensation of the city officers shall bepaid in monthly installments not to exceed the following maximum amounts peryear:
(ii) Commissioner, twenty thousand dollars ($20,000.00);
(iii) City clerk, nineteen thousand dollars ($19,000.00);
(iv) City attorney, nineteen thousand two hundred dollars($19,200.00);
(v) City engineer, twenty thousand dollars ($20,000.00);
(vi) Police judge, six thousand dollars ($6,000.00).
(b) The annual salaries specified in subsection (a) of thissection may be fixed by ordinance at any amount less than the maximum amountspecified. No salary of any elective officer may be changed during his term ofoffice. The salary or compensation of other officers and employees, except asotherwise provided by law, shall be fixed by ordinance and payable in equalmonthly installments or more often.
(c) In cities and towns having an assessed valuation of fifteenmillion dollars ($15,000,000.00) or less, the annual salaries shall not exceedthe following:
(i) Mayor, fifteen thousand three hundred dollars ($15,300.00);
(ii) Commissioner, four thousand six hundred twenty dollars($4,620.00);
(iii) City clerk, four thousand three hundred dollars($4,300.00);
(iv) City attorney, three thousand six hundred dollars ($3,600.00);
(v) City engineer, four thousand three hundred dollars($4,300.00); and
(vi) Police judge, one thousand five hundred dollars($1,500.00).
15-4-106. Officers and employees; salaries; verified payroll.
Incities operating under a commission government, payment of wages and salary ofcity officers, laborers, firemen, police officers and other employees orofficers of any city department may be made upon approval by the governing bodyof a payroll verified by the oath of the city clerk as to city officers, andthe oaths of the mayor and city commissioners as to officers and employees ofthe departments of city government which they head. Presentation and allowanceof claims as provided by law for claims of other character is not required forpayment of salaries and wages embraced in a verified payroll.
15-4-109. Finances; first commission's appropriative powers.
Thefirst commission elected in a city under the provisions of this article has thepower, by ordinance, to revise, repeal or change any appropriations made forthe current fiscal year prior to the beginning of their term of office and tomake additional appropriations.
15-4-110. Recall of officers.
(a) Any elected officer may be removed at any time by thequalified electors in the following manner: a petition signed by at leasttwenty-five percent (25%) of all the registered electors and demanding anelection of a successor of the person sought to be removed shall be filed withthe city clerk. The petition shall contain a general statement of the groundsfor removal. The signatures to the petition need not all be appended to one (1)paper, but each signer shall add to his signature his place of residence,giving the street and number. One (1) of the signers of each paper shall makeoath before a competent officer that the statements therein made are true as hebelieves, and that each signature is the genuine signature of the person whosename it purports to be. Within ten (10) days from the date of filing thepetition the clerk shall determine whether or not the petition is signed by therequisite number of qualified electors. If necessary, the commission shallallow him extra help for that purpose. The clerk shall attach to the petitionhis certificate, showing the result of his examination. If the petition isinsufficient, it shall be returned to the person who filed it, withoutprejudice to the filing of a new petition to the same effect. If the petitionis sufficient, the clerk shall submit it to the governing body without delay.The governing body shall then fix a date for holding the election, not lessthan thirty (30) days nor more than forty (40) days from the date of theclerk's certificate of sufficiency. The commission shall publish notice andarrange for holding the election, which shall be conducted in the same manneras other city elections.
(b) Any person sought to be removed may be a candidate tosucceed himself, and unless he requests otherwise in writing at least ten (10)days prior to the date of the special primary election, the clerk shall placehis name on the official ballot without nomination. On the second Tuesdaypreceding the date fixed for the special election, a special primary electionfor the selection of candidates shall be held. The special primary election andnomination are governed by the provisions of this article. If the person soughtto be removed is a candidate, one (1) opposing candidate shall be selected atthe special primary election. The special primary election shall be held ifthere are more than two (2) nominees, one (1) of whom may be incumbent. Ifthere are no candidates nominated against the officer sought to be removed, nospecial election will be held and the incumbent shall continue in office.
(c) In any removal election the candidate receiving the highestnumber of votes is elected. The incumbent shall be removed from office upon thequalification of his successor, who shall hold office during the unexpiredportion of the term for which his predecessor was elected. If the person whoreceives the highest number of votes fails to qualify within ten (10) daysafter receiving notification of election the office is vacant. This method ofremoval is in addition to any other methods provided by law.
ARTICLE 2 - CITY MANAGER
15-4-201. Council officers; election; duties; compensation.
(a) The council, at the first meeting after the first electionunder this article and at the first meeting after each regular electionthereafter, shall elect from their number a president of the council to be themayor and a vice president of the council. During the absence or disability ofthe mayor, the vice president shall perform the duties of the mayor. In theabsence or disability of both, the council shall choose from their number apresident pro tem to perform the duties of the mayor.
(b) The salary for each councilman, other than the mayor, shallbe not less than ten dollars ($10.00) nor more than one hundred fifty dollars($150.00), as the council establishes by ordinance, for actual attendance ateach regular or special meeting. The salary for the mayor shall not be morethan twice the salary of the other council members.
(a) The governing body, as soon as possible after the firstelection, shall employ a city manager and a city attorney and fix theirsalaries. The city manager shall receive no other or additional salary for theperformance of any of the duties required of him as city manager. The citymanager is an employee and serves at the pleasure of the governing body. Hissalary may be changed from year to year, and his employment may be terminatedat any time by a majority vote of the governing body.
(b) The manager shall give thirty (30) days notice in writingto the governing body before resigning from his position. If the position isvacant for any reason, the governing body shall immediately proceed to employanother person. If there is a delay in securing a new manager, the governingbody shall immediately appoint an acting manager to fill the vacancy on aninterim basis. He shall qualify the same as the manager and shall be vestedwith authority and charged with the duties and responsibilities of the manageruntil a manager is employed and qualified.
(c) The governing body may fix the salaries for the variousoffices in the city to be paid in twelve (12) or more installments per year.
(i) Repealed by Laws 1985, ch. 8, 2.
(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) Repealed by Laws 1985, ch. 8, 2.
(vi) Repealed by Laws 1985, ch. 8, 2.
(vii) Repealed by Laws 1985, ch. 8, 2.
(viii) Repealed by Laws 1985, ch. 8, 2.
(ix) Repealed by Laws 1985, ch. 8, 2.
(x) Repealed by Laws 1985, ch. 8, 2.
(xi) Repealed by Laws 1985, ch. 8, 2.
(d) The governing body shall appoint one (1) or more municipaljudges with jurisdiction to hear and determine all cases arising under theordinances of the city or town. The rules of practice before the municipaljudges shall conform as nearly as possible to the provisions of the justicecode concerning complaints, continuances and trial, but no change of venue maybe granted in any case.
(e) Except as otherwise provided in this subsection, themanager may require any appointive officers and any employees to perform dutiesand services in one (1) or more departments of the city or town. No personshall receive compensation in addition to the salary of his position for theperformance of any required duties. The city attorney is not required toperform any service other than legal service. In cities and towns having apopulation of more than ten thousand (10,000), policemen and firemen are notrequired to perform any service other than that normally considered to be withintheir departments. Salaries of the members of the police and fire departmentsshall be established in conformity with the civil service laws of the state andordinances of the city applicable to those departments.
(f) The governing body may employ experts to perform unusual orspecial service upon the recommendation of the manager or otherwise. Subject toequal qualifications, preference shall be given to bona fide residents of thecity or town in employing applicants for positions.
(g) Except for the city manager, attorney and municipal judges,all employees shall be employed by the city manager, be selected on merit andserve at his pleasure. He shall fix their salaries by and with the consent ofthe governing body. Nothing in this section shall be construed as affecting orsuperseding the provisions of chapter 5 of this title.
15-4-203. Manager; duties; generally.
(a) In addition to his specific duties, the manager shall:
(i) See that all laws and ordinances are observed and enforced;
(ii) Attend all meetings of the governing body and may recommendnecessary and expedient measures;
(iii) Prepare and submit to the governing body reports requiredby it, or that he considers advisable;
(iv) Keep the governing body fully advised of the city'sfinancial condition and its future needs;
(v) Serve as the city's purchasing agent;
(vi) Perform all duties imposed upon him; and
(vii) Recommend rules and regulations necessary for the efficientand economical conduct of the business of the city or town subject to theprovisions of this article.
15-4-204. Manager; duties; public health; garbage.
Themanager shall enforce all statutes, ordinances and regulations relative to thepublic health, comfort and safety. If the owner or occupant of propertydeposits or allows the accumulation of garbage, offal, manure or rubbish of anykind upon it, or in the streets or alleys upon which it abuts, or permits weedsto grow and remain on the property, in violation of any statute or ordinance,the manager shall serve notice upon the occupant, or the owner or his agent, toremove the rubbish or weeds. If they are not removed within one (1) day afterservice of notice, the manager shall have them removed. The cost of removalshall be assessed against the property and constitutes a lien thereon. Theowner shall be notified of the amount assessed, and if it is not paid, it shallbe collected in the same manner as other special assessments.
15-4-205. Management and control of municipal public utility.
Unlessa board of public utilities has been established as provided in chapter 7,article 4, the manager shall control and manage any public utility owned andoperated by the city or town. Subject to the laws relating to publicutilities, he shall implement all rates and compensation as the governing bodyestablishes to be paid by consumers of water, gas, electric current or anyservice furnished by any other public utility, owned or operated by the city ortown, provided they are equal and uniform to all persons within the classserved. He shall make and enforce all necessary rules, regulations andpenalties to enforce their collection, or for the protection of the propertyand rights pertaining to public utilities. At the end of each month, or withinthree (3) days thereafter, he shall file with the clerk a report showing thereceipts and disbursements in the management of all public utilities during themonth.
15-4-206. Management and control of municipal public utility; powersand duties as to employees; exception.
(a) The manager shall control and manage the fire departmentand the police department and may appoint a chief of the fire department, achief of the police department and any other employees necessary in thosedepartments.
(b) The manager shall appoint a city clerk. He may alsoappoint a city engineer and a city treasurer. The city clerk may be appointedto act as treasurer, but he shall not receive more than the salary of one (1)position. The manager may appoint and remove any other necessary employees andfix their compensation within the limits specified by the governing body andthe law. Except as otherwise provided by law, he shall prescribe the powersand duties of all employees and may require any employee to perform duties intwo (2) or more departments. He shall file with the clerk a list of the namesof all employees together with a statement of the salary or compensation eachis to receive.
15-4-207. Repealed by Laws 1985, ch. 152, 4.
15-4-208. Repealed by Laws 1985, ch. 209, 3.
15-4-209. Renumbered by Laws 1985, ch. 209, 2.
15-4-210. Renumbered as 15-4-301 by Laws 2007, Ch. 124, 1.
15-4-242. Renumbered as 15-4-305 by Laws 2007, Ch. 124, 1.
15-4-243. Repealed by Laws 1984, ch. 33, 2.
15-4-244. Renumbered as 15-4-306 by Laws 2007, Ch. 124, 1.
15-4-245. Renumbered as 15-4-307 by Laws 2007, Ch. 124, 1.
15-4-246. Renumbered as 15-4-308 by Laws 2007, Ch. 124, 1.
15-4-247. Renumbered as 15-4-309 by Laws 2007, Ch. 124, 1.
15-4-248. Renumbered as 15-4-310 by Laws 2007, Ch. 124, 1.
15-4-249. Renumbered as 15-4-311 by Laws 2007, Ch. 124, 1.
15-4-250. Renumbered as 15-4-312 by Laws 2007, Ch. 124, 1.
15-4-251. Renumbered as 15-4-313 by Laws 2007, Ch. 124, 1.
ARTICLE 3 - PROPERTY, FINANCIAL AFFAIRS, CONTRACTS, STREETS,SUBDIVISIONS AND UTILITIES
15-4-301. Officers and employees; public property; delivery tosuccessor; penalty; enforcement.
Everyperson, upon the expiration of his term of office or employment, shall deliverto his successor in office all property in his possession belonging to the cityor town, or pertaining to the office held. Any person failing to do so withinfive (5) days after being notified and requested by the manager or president ofthe governing body, shall forfeit and pay for the use of the city five hundreddollars ($500.00) and all damages caused by his neglect or refusal to deliver. The amount may be recovered in an action brought for that purpose, and the citymay by action in the nature of replevin, or mandamus proceedings, enforce thedelivery of such property.
15-4-302. Finances; warrants; use for disbursements; exception;limitations; contents; procedure.
(a) Except as otherwise provided by law, all disbursementsshall be made by check or warrant signed by the manager and countersigned bythe mayor. No check or warrant may be drawn in payment of a claim of more thanfifty dollars ($50.00) until the claim is certified by the manager and allowedby resolution of the governing body. Each check or warrant shall specify itspurpose and shall be made payable to the order of the person in whose favor itis drawn.
(b) Repealed by Laws 1985, ch. 152, 4.
15-4-303. Finances; issuance and sale of bonds generally; purposes;amounts; limitations; exception.
(a) The city or town may by ordinance issue and sell bonds orcertificates of indebtedness as follows:
(i) To pay, fund or refund any of its debts;
(ii) To purchase, construct, extend, improve and maintain publicutility plants named in the ordinance authorizing the issue of the bonds orcertificates of indebtedness;
(iii) Not to exceed a total outstanding issue of one hundredfifty thousand dollars ($150,000.00) for the benefit of the permanentimprovement revolving fund;
(iv) For defraying the cost of making local improvements:
(A) In intersections of streets and alleys; and
(B) In front of property exempt by law from specialassessments, and property owned by the city or town.
(v) For defraying the cost of establishing and maintaining ageneral system of sewers and of maintaining, altering, relaying and extendingexisting systems of sewers;
(vi) For the purchase, erection and improvement of necessarypublic buildings;
(vii) For establishing garbage crematories or other means ofgarbage disposal, hospitals, schools, libraries, museums and art galleries;
(viii) For changing, controlling or bridging streams or ravinesand constructing and repairing bridges within the corporate limits;
(ix) Not to exceed forty thousand dollars ($40,000.00), to runnot longer than ten (10) years, for the benefit of the general fund in case ofa failure of the anticipated revenue from sources other than taxation;
(x) To purchase real property for future public use, if theacquisition of the land in the opinion of the governing body is necessary toconform to a master plan adopted and certified for the physical development ofthe municipality under W.S. 15-1-501 through 15-1-512.
(b) No bonds except those specified in paragraph (a)(i) of thissection may be issued or sold unless the governing body is first authorized todo so by a majority of the electors of the city or town voting thereon at anelection called, conducted, canvassed and returned in the manner provided forbond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101through 22-21-112.
(c) Bonds issued and sold under this section shall not be soldfor less than par value and shall bear interest at a rate established byordinance.
(d) The funded indebtedness other than that provided insubsection (a)(v) of this section shall not exceed four percent (4%) of theassessed value of the taxable property of the city. When determining indebtednessfor the purpose of fixing that limit, bonds issued for the purpose of supplyingwater shall not be counted. Bonds issued under subsection (a)(v) of thissection shall not exceed four percent (4%) of the assessed value of the taxableproperty of the city or town.
(e) The limitations expressed in this section have noapplication to refunding public securities issued pursuant to the GeneralObligation Public Securities Refunding Law except as otherwise provided in thatact.
15-4-304. Claims; appeals; exception; definition.
Exceptas provided by W.S. 1-39-101 through 1-39-121, if any claim against the city isdisallowed in whole or in part, the claimant may appeal from the decision ofthe governing body to the district court of the district in which the city ortown is situated pursuant to Rule 12 of the Wyoming Rules of AppellateProcedure. "Claim" as used in this section means claims as arepresented for audit and not claims for salaries of officers and employees orother fixed charges against the city or town, nor claims covered by W.S.1-39-101 through 1-39-121.
Thegoverning body has the exclusive power and, by ordinance, may vacate anyhighway, street, lane or alley, or portion thereof. No vacation may be orderedexcept upon petition of a majority of the owners owning a majority of theproperty abutting on the portion proposed to be vacated and extending threehundred (300) feet in either direction from the portion proposed to bevacated. The city or town may demand and receive the value of the land vacatedas consideration for the vacation.
15-4-306. Construction or reconstruction of sidewalks and curbs;landowner's duties; notice; assessment; establishing grade and parking width.
(a) All owners of land adjoining any street, lane or alleyshall construct or reconstruct a sidewalk and curb along the street, lane oralley next to the land when ordered to do so by the manager. All sidewalks andcurbs shall be constructed as designated by the manager. However, the managershall not require any person to construct a walk or curb in a different manner,or of a different material, than is required of other persons in the same blockfronting the street. It is the duty of landowners to keep any sidewalk or curbnow constructed, or which may hereafter be constructed in front of the land, ingood repair and in safe condition.
(b) If the manager considers it necessary that a sidewalk orcurb be constructed, reconstructed or repaired, notice shall be served upon theowner of the land along which it is to be constructed or repaired specifyingthe manner in which it is to be constructed or repaired and the estimated costwhich may be assessed if the city or town does the work. The notice shall beserved personally upon the owner, or if he is not to be found within the cityor town, it shall be sent to him by registered or certified mail, requesting areturn receipt, if his address is known. Otherwise it shall be published oncein the official newspaper of the city or town. Unless the owner within two (2)weeks after service, mailing or publication of the notice, begins theconstruction or repair and completes it without delay, the manager shall havethe work done at the expense of the permanent improvement revolving fund. Uponcompletion of the work, the manager shall certify the cost thereof to the clerkof the city or town. The governing body shall then fix a date for hearing uponthe costs. The procedure for notice and hearing shall be as set forth in W.S.15-6-405. Upon confirmation of the assessment by the governing body, the chargelevied is a lien upon the property as set forth in W.S. 15-6-406. The governingbody may levy and collect the assessment and provide for the manner of sale, redemptionand conveyance of lands sold for nonpayment of the assessment in the mannerprovided in W.S. 15-6-401 through 15-6-448. When collected the assessment shallbe paid into the revolving fund. The manager, upon proper showing made to him,may extend the time within which the construction or repair shall begin or becompleted.
(c) Before ordering the construction of any new sidewalk orcurb, the manager shall establish its grade and the width of the parking.
15-4-307. Construction or reconstruction of sidewalks and curbs;conditions causing injury; liability and proceedings generally.
Anyperson who renders a street insufficient or unsafe for travel by anyexcavations or obstructions not authorized by law or ordinance, or is negligentin the management of any authorized excavation or obstruction, or fails tomaintain proper guards or lights is liable for all damages recovered by anyperson injured as a result of the obstruction or negligence. No action may bemaintained against the city or town for damages unless the person or personscreating the condition are joined as parties defendant. In case of judgmentagainst the defendants, execution shall at first issue only against thedefendant causing the insufficiency or danger, and the city or town is notrequired to pay the judgment until that execution is returned unsatisfied. Ifthe city or town pays the judgment, it is the owner thereof and may enforce itspayment from the other defendants. The city or town is also entitled toexecution against them and to take such other proceedings as judgment creditorsare entitled to take.
15-4-308. Conditions causing injury; defects.
Noaction may be maintained against the city or town on account of injuriesreceived by means of any defect in the condition of any bridge, street,sidewalk or thoroughfare except as provided by W.S. 1-39-101 through 1-39-119.
15-4-309. Conditions causing injury; obstructions by railways.
Norailway company or street railway company, when cleaning their track, may pileup snow or other material and leave it piled upon any street in the city ortown. Any such company is liable to any person injured as a result of theobstruction for all damages sustained. If damages are recovered against thecity or town for injuries caused by the obstruction, the city may recover fromthe company responsible.
15-4-310. Subdividing; survey and plat required; procedure; streets;layout and grading.
(a) If any person subdivides any parcel of ground within thecity or town into building lots for the purpose of sale, he shall have itsurveyed and platted in accordance with the general laws. When the survey andplats are completed and acknowledged, a copy shall be presented to the cityengineer, who shall advise the manager whether it should be accepted orrejected, or a modification directed. The manager shall then present it to thegoverning body with the recommendation.
(b) When any plat is accepted by the governing body, the clerkshall so certify upon the face of the plat, and it may then be recorded asprovided by the general laws relating to the making and filing of plats. Except as otherwise provided by law, all provisions of the general lawsrelating to the making and filing of plats apply to the city. No person isentitled to damages for laying out or extension of any street or alley over anylot or parcel of land sold or offered for sale contrary to law.
(c) The acceptance of the plat or addition of any ground,either within or outside the limits of the city or town, does not make itliable to grade the streets therein designated, or responsible for aninsufficiency in a street, until the governing body directs they be graded andopened for travel.
Ifthe owners or occupants of property within the city fail to promptly removeaccumulations of snow or other obstructions from the sidewalks, or streets oralleys on which their property abuts, when required to do so by ordinance, themanager may have it removed and the cost of removal assessed against theproperty. The cost of removal constitutes a lien against the property to becollected in the same manner as special assessments.
15-4-312. Public utilities; installation.
Thecity or town may install, purchase, construct and operate any street railwayand any gas, water, ice, heat, power, light or other plant for the furnishingof any commodity or service, or other public utility, and engage in themanufacture, production, purchase and sale of gas, water, ice, coal, heat, power,light or other commodities.
15-4-313. Public utilities; manner of disposal.
Nopublic utility owned by the city, whether acquired prior to the adoption ofthis article or thereafter, may be sold, leased or otherwise disposed of and noreal property may be sold unless the full terms of the sale or otherdisposition, together with the price to be paid, is published in the officialpaper of the city or town once a week for three (3) consecutive weeks, beforefinal action of the governing body. The proposition shall then be submitted toa vote of the people for ratification or rejection at the next generalmunicipal election and ratified by at least two-thirds (2/3) majority vote ofelectors voting upon the question.
15-4-314. Applicability of article.
The provisions of this article shall applyto any form of alternative city government authorized under this chapter.
