WYCODE

Revision of title. —

Laws 1980, ch. 38, § 1, revised this title, amending and renumbering §§ 15-1-101 to 15-11-18 as 15-1-101 to 15-10-117 . No detailed explanation of the changes made by the 1980 Act have been attempted, but, where appropriate, historical citations to former provisions have been added to corresponding sections in this title, and annotations from cases decided under former provisions have been placed under comparable sections in this title where it was felt they would be helpful. For tables of revised and renumbered sections, see Volume 11 of the Wyoming Statutes Annotated.

Laws 1980, ch. 38, § 2, reads: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict.” Section 3, ch. 38, Laws 1980, makes the act effective on January 1, 1981.

Chapter 1 General Provisions

Cross references. —

For provision prohibiting the legislature from delegating power to perform municipal functions, see art. 3, § 37, Wyo. Const.

For provision that no person except a qualified elector shall be elected or appointed to any civil or military office in the state, see art. 6, § 15, Wyo. Const.

As to when officer to hold over, and as to suspension of officers of state and municipality, see art. 6, § 16, Wyo. Const.

As to method of selecting officers whose election is not provided for in the constitution, see art. 6, § 18, Wyo. Const.

For provision that neither the state, nor any county, township, school district or municipality shall loan or give its credit or make donations to or in aid of any railroad or telegraph line, see art. 10, § 15, Wyo. Const.

For constitutional provisions relative to municipal corporations generally, see art. 13, §§ 1 to 5, Wyo. Const.

As to consolidation of offices in state, county and municipalities, see art. 14, § 6, Wyo. Const.

For provisions limiting city tax levy, see art. 15, § 6, Wyo. Const.

For provision that the power of taxation shall never be surrendered or suspended by any grant or contract to which the state or any county or any other municipal corporation shall be a party, see art. 15, § 14, Wyo. Const.

As to creation of municipal debt in excess of taxes for current year, see art. 16, § 4, Wyo. Const.

As to limitation on municipal debt, see art. 16, § 5, Wyo. Const.

For provision prohibiting loans or credit donations by state or any political subdivision thereof and requiring two-thirds vote of people for works of internal improvement, see art. 16, § 6, Wyo. Const.

As to eminent domain generally, see §§ 1-26-501 through 1-26-817 and Rule 71.1, W.R.C.P.

As to actions by or against the state, state agencies and political subdivisions generally, see §§ 1-35-101 to 1-35-108 .

As to exemption of state, counties and municipalities, and their departments and agencies, from requirements of depositing security for damages, etc., in any civil, criminal or special proceeding generally, see § 1-35-108 .

As to municipal courts generally, see ch. 6 of title 5.

As to unlawful conduct within governmental facilities, see §§ 6-6-301 through 6-6-307 .

For the Wyoming Community Development Authority Act, see §§ 9-7-101 through 9-7-125 .

For provision empowering local governmental units to cooperate with each other and with United States, see § 16-1-101 .

For the Wyoming Joint Powers Act, see §§ 16-1-102 through 16-1-110 .

For provisions relating to meetings of governmental agencies, see §§ 16-4-401 through 16-4-408 .

As to county government generally, see title 18.

As to municipal elections generally, see §§ 22-23-101 to 22-23-1007 .

For provisions relating to county, municipal and district health departments, see §§ 35-1-301 to 35-1-309 .

As to community human services, see §§ 35-1-611 to 35-1-628 .

As to municipal cemetery generally, see §§ 35-8-201 to 35-8-212 .

Law reviews. —

For note on home rule as a solution for municipal problems, see 16 Wyo. L.J. 47 (1961).

For article, “Governmental Immunity from Damage Actions in Wyoming,” see VII Land & Water L. Rev. 229 (1972).

Am. Jur. 2d, ALR and C.J.S. references. —

56 Am. Jur. 2d Municipal Corporations §§ 1 to 878.

Acquisition by adverse possession or use of public property held by municipal corporation or other governmental unit otherwise than for streets, alleys, parks or commons, 55 ALR2d 554.

Municipal property as subject to mechanic's lien, 51 ALR3d 657.

Article 1. Powers and Miscellaneous Matters

§ 15-1-101. Definitions.

As used in W.S. 15-1-101 through 15-11-302 :
1. “Any city or town” means any incorporated municipality;
2. “Councilman or councilmen” means the individuals elected to comprise the governing body of any city or town;
3. “Emergency ordinance” means an ordinance operating for the immediate preservation of the public peace, health, safety or welfare, in which the emergency is defined;
4. “First class city” means any incorporated municipality having a population of four thousand (4,000) or more which has been declared a first class city or which has taken the necessary steps to be and has been proclaimed a first class city;
5. “Franchise” means the grant of authority to any person or firm by the governing body of any city or town to carry on the operation of a public utility;
6. “Governing body” means the council or commission constituting the elected legislative body of any city or town including the mayor who is the presiding officer;
7. “Local improvement” means any improvement made within any city or town, the cost of which may be assessed against the property specially benefited thereby;
8. “Mayor” means the person elected, either by popular vote or by vote of the governing body, to exercise the powers of the office and to be presiding officer of the governing body;
9. “Ordinance” means a legislative enactment of general effect validly adopted by the governing body of any city or town;
10. “Person” means any individual, firm, partnership, corporation or other business entity, or the executor, administrator, trustee, receiver, assignee or personal representative thereof;
11. “Public improvement” means an improvement made within any city or town for which general bonded obligation may be incurred;
12. “Qualified elector” means any person possessing the requisite qualifications to vote in any election conducted within a city or town for the selection of mayors or councilmen;
13. “Qualified member” means any member of a governing body who was elected or appointed thereto in accordance with all applicable provisions of law;
14. “Town” means any incorporated municipality, not a first class city;
15. “This act”, unless otherwise specified, means W.S. 15-1-101 through 15-11-302 .

History. Laws 1965, ch. 112, § 1; W.S. 1957, § 15.1-1; Laws 1980, ch. 38, § 1; 1984, ch. 15, § 1; ch. 34, § 2; 2011, ch. 129, § 301.

The 2011 amendment, effective July 1, 2011, in the introductory language of (a) and in (a)(xv), substituted “15-11-302” for “15-10-117.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Authority to engage in collective bargaining. —

City's mayor and/or single council member could not negotiate with a firefighters' union because the mayor and/or single council member were not “corporate authorities,” with wage setting authority, so city council was required to negotiate with the union. Int'l Ass'n of Firefighters Local Union No. 279 v. City of Cheyenne, 2013 WY 157, 316 P.3d 1162, 2013 Wyo. LEXIS 163 (Wyo. 2013).

Convictions in municipal courts for driving while intoxicated are for violations of ordinances and not of state statutes, even if the state statute is copied verbatim in the ordinance or if it is adopted as the ordinance by reference. State ex rel. Motor Vehicle Div. v. Holtz, 674 P.2d 732, 1983 Wyo. LEXIS 394 (Wyo. 1983).

Quoted in

Carlson v. Bratton, 681 P.2d 1333, 1984 Wyo. LEXIS 291 (Wyo. 1984).

Cited in

Collier v. Hilltop Nat'l Bank, 920 P.2d 1241, 1996 Wyo. LEXIS 99 (Wyo. 1996).

§ 15-1-102. Prior incorporations and elections legalized.

All incorporations and proceedings to incorporate cities and towns and all elections held in cities and towns, whether pursuant to the laws of the territory of Wyoming, or the state of Wyoming, are legalized, notwithstanding any irregularity that may have occurred.

History. Laws 1965, ch. 112, § 2; W.S. 1957, § 15.1-2; Laws 1980, ch. 38, § 1.

§ 15-1-103. General powers of governing bodies.

History. Laws 1965, ch. 112, § 3; W.S. 1957, § 15.1-3; Laws 1967, ch. 117, § 1; ch. 151, § 1; 1969, ch. 120, § 1; 1973, ch. 206, § 1; 1977, ch. 45, § 4; 1979, ch. 85, § 1; ch. 155, § 2; 1980, ch. 38, § 1; 1981, ch. 101, § 1; ch. 174, § 2; 1984, ch. 15, § 1; ch. 34, § 2; 1985, ch. 172, §§ 1, 3; 1991, ch. 206, § 1; ch. 215, § 1; ch. 240, § 1; 1995, ch. 118, § 2; 1996, ch. 75, § 1; 1997, ch. 59, § 1; 1998, ch. 84, § 1; 1999, ch. 22, §§ 1, 2; ch. 107, § 1; 2004, ch. 42, § 1; ch. 130, § 1; 2007, ch. 50, § 1; ch. 67, § 1; ch. 139, § 2; 2009, ch. 138, § 1; 2020, ch. 85, § 2.

Cross references. —

For authority of mayor to enforce health ordinances within five miles of corporate limits of city, see § 15-3-202 .

As to public parks generally, see §§ 15-7-301 to 15-7-305 .

As to waterworks franchises to private corporations, see §§ 15-7-701 to 15-7-708 .

As to urban renewal, see §§ 15-9-101 to 15-9-137 .

As to housing, see §§ 15-10-101 to 15-10-117 .

As to officers authorized to administer oaths generally, see § 1-2-102 .

As to eminent domain generally, see §§ 1-26-501 through 1-26-817 and Rule 71.1, W.R.C.P.

As to public indecency, see § 6-4-201 .

As to disturbances of public order, see § 6-6-101 et seq.

As to offenses tending to breach the peace, see §§ 6-6-101 to 6-6-307 .

As to nuisances, see §§ 6-6-201 through 6-6-209 .

As to weapons offenses, see § 6-8-101 et seq.

As to power of cities and towns to require tuberculin tests of dairy cattle, see § 11-19-205.

As to prohibition against swine, goats or domestic elk running at large, see § 11-26-101 .

As to dogs generally, see §§ 11-31-102 through 11-31-108 .

As to municipal and district health departments generally, see §§ 35-1-301 to 35-1-309 .

As to the division of community programs of the department of health and the treatment of mental illness and other disabilities, see §§ 35-1-611 to 35-1-628 and notes thereto.

As to communicable diseases generally, see §§ 35-4-101 to 35-4-139 .

For additional authority of cities and towns to regulate nuisances, see § 35-10-408 .

The 2004 amendments. —

The first 2004 amendment, by ch. 42, § 1, in (a)(xxii)(A), substituted “municipal court” for “police court.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The second 2004 amendment, by ch. 130, § 1, in (a)(xxix)(C), substituted “35-1-628” for “35-1-625”; and in (a)(xli) inserted “of this subsection” following “provided by paragraph (xlvi).”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

See the conflicting legislation note. This section has been set out incorporating changes made by both 2004 acts.

The 2007 amendments. —

The first 2007 amendment by ch. 50, § 1, effective July 1, 2007, added (a)(l).

The second 2007 amendment, by ch. 67, § 1, effective July 1, 2007, in (a)(xii), added (E), redesignated part of the existing provisions of (xii) as (D), and made related changes.

The third 2007 amendment, by ch. 139, § 2, effective July 1, 2007, inserted “as defined by W.S. 1-26-801(c)” in (a)(xxxv).

While none of the amendments gave effect to the others, all have been set out as above.

The 2009 amendment, effective July 1, 2009, in (a)(xv), deleted “pool halls, any tables kept for hire, bowling alleys” preceding “and shooting galleries.”

The 2020 amendment, effective July 1, 2020, in the introductory language of (a)(xxxiii) added “and, for communication companies, in accordance with W.S. 15-1-131 ” following “any utility company.”

Natural Gas Policy Act. —

The Natural Gas Policy Act of 1978, referred to in subsection (c)(iv), is found at 15 U.S.C. § 3301 et seq.

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 15-1-101(a)(xv).

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Cities have only such powers as are granted by legislature, and they cannot challenge the legality of legislation passed by their creators. Wyoming State Treas. v. City of Rawlins, 510 P.2d 301, 1973 Wyo. LEXIS 160 (Wyo. 1973).

Municipalities can exercise only those powers of government which are expressly or impliedly conferred. City of Buffalo v. Joslyn, 527 P.2d 1106, 1974 Wyo. LEXIS 245 (Wyo. 1974).

And section does not alter general rule. —

Subsection 29 of former § 15-160, W.S. 1957 (similar to subsection (a)(xli) of this section), did not liberalize general rule that municipality possesses powers which are necessarily or fairly implied from powers expressly granted. Whipps v. Greybull, 56 Wyo. 355, 109 P.2d 805, 1941 Wyo. LEXIS 5 (Wyo. 1941).

Anti-abortion demonstration activities. —

Town sought to restrict an anti-abortion organization's demonstration activities in and around the town square during the Boy Scouts' annual Elk Fest. The town's asserted interest in protecting its youth gave it a sufficient stake in the outcome of the proceedings to allow it standing to bring an ex parte petition for a temporary restraining order against the organization. Operation Save Am. v. City of Jackson, 2012 WY 51, 275 P.3d 438, 2012 Wyo. LEXIS 54 (Wyo. 2012).

Fireworks. —

Nothing in the amended § 35-10-205 or the relatively newly enacted § 35-10-208 does damage to the fundamental proposition that the sales and use of fireworks may be regulated by cities within five miles of the city limits. Ford v. City of Riverton, 919 P.2d 636, 1996 Wyo. LEXIS 96 (Wyo. 1996).

Fixed rate formula in power contract held reasonable. —

Fixed rate formula agreed upon in a power contract between municipalities organizing an agency under the Wyoming Joint Powers Act, §§ 16-1-102 through 16-1-109 , to produce and distribute electric power to their inhabitants was reasonable. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Limited grant of franchise to utility. —

Even if a city may lawfully grant some franchise to a utility outside its city limits, it cannot be of any exclusive nature precluding it from extending its own lines into its own subdivisions, regularly annexed. Tri-County Elec. Ass'n v. Gillette, 584 P.2d 995, 1978 Wyo. LEXIS 227 (Wyo. 1978) (decided prior to 1980 revision).

Ordinance imposing penalties upon gas utilities operating without license or franchise was void and could not be sustained under any residual police power of the city. K N Energy, Inc. v. Casper, 755 P.2d 207, 1988 Wyo. LEXIS 78 (Wyo. 1988).

Procedure for condemnation by city prescribed by rules. —

A city has authority to exercise the right of eminent domain under paragraph (xxxv) of subsection (a); however, the procedure for condemnation provided by that paragraph has been superseded by later legislative enactment prescribing that Rule 71.1, W.R.C.P. will be followed. Tri-County Elec. Ass'n v. City of Gillette, 584 P.2d 995, 1978 Wyo. LEXIS 227 (Wyo. 1978). See § 1-26-501 .

Acquisition of land for federal agency by public subscription not ultra vires. —

A town did not commit an ultra vires act where it acquired title to a tract of land with money raised by public subscription for the benefit of a federal agency in exchange for $75,000.00 credit on a sewer system for the entire town. Amick v. Elwood, 77 Wyo. 269, 314 P.2d 944, 1957 Wyo. LEXIS 24 (Wyo. 1957) (decided under former § 15-160, W.S. 1957).

Borrowing for light and power plant. —

Town council, without approval by vote of the people, does not have authority to borrow money to pay for municipal light and power plant and to issue bonds payable solely from revenues accruing from operation of plant. Whipps v. Greybull, 56 Wyo. 355, 109 P.2d 805, 1941 Wyo. LEXIS 5 (Wyo. 1941).

Power to construct public utility plant and to borrow large sum of money necessary to pay for it cannot reasonably be implied from power to provide for lighting streets and erection of lampposts. Whipps v. Greybull, 56 Wyo. 355, 109 P.2d 805, 1941 Wyo. LEXIS 5 (Wyo. 1941).

Act of 1907 authorizing municipalities to construct light and power plants granted new power and was not merely providing method of exercising power that already existed. Whipps v. Greybull, 56 Wyo. 355, 109 P.2d 805, 1941 Wyo. LEXIS 5 (Wyo. 1941).

Borrowing for water project. —

Legislature did not intend for financing of municipal water project to be considered a “bond,” and therefore there was no statutory requirement for an election prior to town's incurring debt. Cooper v. Town of Pinedale, 1 P.3d 1197, 2000 Wyo. LEXIS 74 (Wyo. 2000).

Taxation of each lot as stated amount. —

Town council held not authorized to pass ordinance taxing each lot a stated amount, regardless of value, to furnish water for irrigation. Town Council of Hudson v. Board of Comm'rs, 37 Wyo. 160, 259 P. 1051, 1927 Wyo. LEXIS 74 (Wyo. 1927).

Provision of ordinance regulating barbershops, providing that shops must open not earlier than 8 a.m. and close not later than 6 p.m., held unreasonable and void. State ex rel. Newman v. City of Laramie, 40 Wyo. 74, 275 P. 106, 1929 Wyo. LEXIS 22 (1929).

Park-land dedication ordinances. —

The broad powers delegated by the legislature can fairly encompass the power to adopt a park-land dedication ordinance. A city can require the payment of a sum in lieu of park-land dedication in order to lessen the impact and pressure on park facilities that results from the influx of inhabitants caused by a new development. The limitation on this power is the requirement that any fees collected in lieu of land dedication must be earmarked to accounts for the purpose of acquiring needed park land and maintenance of existing park facilities. Coulter v. Rawlins, 662 P.2d 888, 1983 Wyo. LEXIS 311 (Wyo. 1983).

Territorial scope of ordinance's effect for health purposes. —

For health purposes, a city may make an ordinance effective for a distance of five miles beyond the city limits. Haddenham v. Laramie, 648 P.2d 551, 1982 Wyo. LEXIS 362 (Wyo. 1982).

City without power to establish highway through park where no express legislative authority given. —

Where land owned by city had been dedicated by it for park purposes and there was not express authority from the legislature to establish a highway through the park, the city was without power to do so since the property was held by the city for the benefit of the people as a whole. They were represented by the legislature which had sole authority concerning it. Rayor v. Cheyenne, 63 Wyo. 72, 178 P.2d 115, 1947 Wyo. LEXIS 5 (Wyo. 1947).

Estoppel to deny validity of street vacation. —

Where a town, in consideration of a lot owner's waiver of his rights under a contract to another tract of land, vacated a part of the street in front of his lots, and had built a public library on the property surrendered by him, so that it could not restore his former situation, it is estopped to deny validity of the vacation of the street. Rohrbaugh v. Mokler, 26 Wyo. 514, 188 P. 448, 1920 Wyo. LEXIS 14 (Wyo. 1920).

Defects in streets. —

Towns, having exclusive control of streets, are liable for damages resulting from failure to use reasonable care in keeping them in reasonably safe condition for public travel, and in safeguarding, by proper signal, places of danger thereon. Opitz v. Newcastle, 35 Wyo. 358, 249 P. 799, 1926 Wyo. LEXIS 23 (Wyo. 1926).

City may levy occupation tax. —

Subsection (a)(xiii) authorized city to pass an ordinance levying an occupation tax, and the fact that this section omitted the phrase “for purpose of raising revenue” will not negate that authority. City of Rawlins v. Frontier Ref. Co., 396 P.2d 740, 1964 Wyo. LEXIS 128 (Wyo. 1964).

Description of tax. —

Where license tax imposed by ordinance was purely for revenue purposes, city claiming no right under its police power to regulate defendant's business, and required license, as a receipt for tax, being only an incident, a reference in the statute and ordinance to the tax as a “license tax,” instead of denominating it an “excise,” “occupation,” or “privilege” tax, was immaterial. City of Sheridan v. Litman, 32 Wyo. 14, 228 P. 628, 1924 Wyo. LEXIS 43 (Wyo. 1924).

Regulation may not violate commerce clause nor discriminate against nonresidents. —

A town ordinance prohibiting nonresident persons from selling by sample and taking orders for the goods of their principals, to be delivered in the town, without first procuring a license, by providing that the ordinance shall not apply to those who sell exclusively to regular merchants of such town is in conflict with the United States constitution, conferring on congress power to regulate commerce among the states; and is void as discrimination against nonresidents of the state. Clements v. Town of Casper, 4 Wyo. 494, 35 P. 472, 1894 Wyo. LEXIS 5 (1894).

But nuisances may be abated. —

Municipalities have authority to decide what constitutes nuisances and to abate and punish under ordinances prescribing such nuisances. Town of Green River v. Fuller Brush Co., 65 F.2d 112, 1933 U.S. App. LEXIS 2934 (10th Cir. Wyo. 1933).

Including practice of going in private residences to sell goods. —

An ordinance declaring that the practice of going in and upon private residences by solicitors, peddlers, itinerant merchants, etc., for the purpose of soliciting orders for, or selling goods, wares and merchandise, is a nuisance and imposing a penalty is valid, and not in violation of any constitutional or statutory provision. Town of Green River v. Bunger, 50 Wyo. 52, 58 P.2d 456, 1936 Wyo. LEXIS 14 (Wyo. 1936).

Allegation of possession of business license required. —

A petition for mandamus to compel the authorities to grant permission to change location of a licensed business, which also requires a county license, without alleging that county license is possessed for the new location is demurrable (now subject to a motion to dismiss. See Rule 12, W.R.C.P.). State v. Town Council, 25 Wyo. 211, 167 P. 982, 1917 Wyo. LEXIS 20 (1917).

Comparison of ordinance as to wandering cattle with common-law rule of liability. —

Under modern conditions there is a tendency to revert to the common-law rule of liability as to the damage done by wandering livestock, and this would be appropriately applied to a city passing an ordinance pursuant to subsection 16 of former § 15-686, W.S. 1957 (similar to subsection (a)(xiv) of this section), which would prohibit cattle from wandering at large in city limits. Sowers v. Corthell, 69 Wyo. 215, 240 P.2d 891, 1952 Wyo. LEXIS 3 (Wyo. 1952).

Sale of intoxicants. —

Any discretion of county commissioners as to issuing liquor license does not include right or power on part of commissioners to refuse issuance of license solely because of opposition to operation of liquor establishments, in view of this and other sections. State ex rel. Rehder v. Board of Comm'rs, 26 Wyo. 75, 177 P. 130, 1919 Wyo. LEXIS 1 (Wyo. 1919).

Condemnation statutes apply to damage to abutting property. —

Statutes authorizing condemnation by cities of first class apply both to property physically taken and to abutting property indirectly damaged even though some provisions relating to property actually taken cannot be carried out in the latter type of case. Hirt v. Casper, 56 Wyo. 57, 103 P.2d 394, 1940 Wyo. LEXIS 25 (Wyo. 1940).

Jury trial as to compensation. —

Owner of property condemned for waterworks has the right to a jury trial on the question of compensation, if demanded within the time prescribed by statute. City of Cheyenne v. Edwards, 22 Wyo. 401, 143 P. 356, 1914 Wyo. LEXIS 26 (Wyo. 1914).

Municipalities have full authority and control over public water and sewerage systems. Coulter v. Rawlins, 662 P.2d 888, 1983 Wyo. LEXIS 311 (Wyo. 1983).

Including levy of connection and maintenance charges. —

Wyoming statutory provisions grant a city the power to levy sewer and water connection charges and to charge users of the systems in order to pay the costs of maintaining, operating and expanding them. Coulter v. Rawlins, 662 P.2d 888, 1983 Wyo. LEXIS 311 (Wyo. 1983).

Local improvements include sewers. —

The power to make “local improvements” includes the power to construct and repair sanitary sewers. Henning v. Consolidated Bldg. & Loan Co., 50 Wyo. 315, 62 P.2d 540, 1936 Wyo. LEXIS 32 (Wyo. 1936) (decided under former law).

Kinds of sewers. —

In absence of provisions limiting sewers to sanitary sewers, proposed storm ditch to carry off flood waters within city is authorized and general municipal bonds may be issued, since term “sewer” includes both storm and sanitary sewers. Anselmi v. Rock Springs, 53 Wyo. 223, 80 P.2d 419, 1938 Wyo. LEXIS 14 (Wyo. 1938) (decided under former law).

Appointment of temporary police “commander” held nullity absent emergency. —

Where there is more than sufficient evidence that the appointment of a police “commander” was not made as a temporary appointment and that an emergency did not exist, the appointment is a nullity. City of Rock Springs v. Police Protection Ass'n, 610 P.2d 975, 1980 Wyo. LEXIS 261 (Wyo. 1980).

Provision applicable to “at-will” employee. —

Subsection (a)(xxxvii), relating to positions necessary for the efficient operation of the city or town, was applicable to a municipal garbage man under an “at-will,” as opposed to a fixed-term, contract. Siebken v. Wheatland, 700 P.2d 1236, 1985 Wyo. LEXIS 490 (Wyo. 1985).

Discharge of a municipal garbage man was not in violation of this section under the following facts: (1) there was a rule against “scavenging” known to the employee prior to his discharge; (2) when the employee was discharged, he was informed of a complaint against him which caused the discharge, after which he requested a hearing before the town council, at which he presented his position, admitting that he removed material from garbage at other times and took it home; and (3) the town council took the matter under advisement and agreed that the discharge was proper. Siebken v. Wheatland, 700 P.2d 1236, 1985 Wyo. LEXIS 490 (Wyo. 1985).

Applied in

Nollsch v. City of Rock Springs, 724 P.2d 447, 1986 Wyo. LEXIS 603 (Wyo. 1986).

Quoted in

Neel v. City of Laramie, 488 P.2d 1056, 1971 Wyo. LEXIS 250 (Wyo. 1971); Carlson v. Bratton, 681 P.2d 1333, 1984 Wyo. LEXIS 291 (Wyo. 1984); Cheyenne Newspapers, Inc. v. City of Cheyenne, 2016 WY 125, 386 P.3d 329, 2016 Wyo. LEXIS 139 (Wyo. 2016).

Stated in

City Council v. Kreiling, 911 P.2d 1037, 1996 Wyo. LEXIS 24 (Wyo. 1996).

Cited in

Larsen v. City of Cheyenne, 626 P.2d 558, 1981 Wyo. LEXIS 318 (Wyo. 1981); Town of Marbleton v. Town of Big Piney, 719 P.2d 1389, 1986 Wyo. LEXIS 564 (Wyo. 1986); Kautza v. City of Cody, 812 P.2d 143, 1991 Wyo. LEXIS 102 (Wyo. 1991); City of Green River v. Debernardi Constr. Co., 816 P.2d 1287, 1991 Wyo. LEXIS 142 (Wyo. 1991); Deromedi v. Town of Thermopolis, 2002 WY 69, 45 P.3d 1150, 2002 Wyo. LEXIS 74 (Wyo. 2002); Tavern, LLC v. Town of Alpine, 2017 WY 56, 395 P.3d 167, 2017 Wyo. LEXIS 57 (Wyo. 2017).

Law reviews. —

See “Occupation Taxes and the Employee,” 3 Wyo. L.J. 242 (1949).

See “Administration of the General Property Tax in Wyoming,” 4 Wyo. L.J. 227.

For article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” see VII Land & Water L. Rev. 617 (1972).

For article, “State Jurisdiction over the Regulation of Energy Distribution and Other Public Utility Services,” see XV Land & Water L. Rev. 535 (1980).

For comment, “Solar Access Rights in Wyoming,” see XIX Land & Water L. Rev. 419 (1984).

For article, “Goodbye 3-Card Monte: The Wyoming Criminal Code of 1982” (part two), see XIX Land & Water L. Rev. 509 (1984).

For article, “The Wyoming Natural Gas Consumers' Act of 1985: An Experiment in Controlling Natural Gas Prices and a Response to Indefinite Price Escalation Clauses,” see XXI Land & Water L. Rev. 141 (1986).

For case note, “Criminal Procedure — When Should a Jury Trial Be Required in the Wyoming Municipal Courts? City of Casper v. Cheatham, 739 P.2d 1222, 1987 Wyo. LEXIS 471 (Wyo. 1987),” see XXV Land & Water L. Rev. 611 (1990).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of municipal regulation of solicitation of magazine subscriptions on streets, 9 ALR2d 728.

Public regulation and prohibition of sound amplifiers or loudspeaker broadcast in street, 10 ALR2d 627.

Granting or taking of lease by municipality as within authorization of purchase or acquisition thereof, 11 ALR2d 168.

Right of municipality or public to use of subsurface of street or highway for purpose other than sewers, pipes, conduits for wires, and the like, 11 ALR2d 180.

Exemption from taxation of municipally owned or operated stadium, auditorium and similar property, 16 ALR2d 1376.

Validity of regulations as to plumbers and plumbing, 22 ALR2d 816.

Compromise of claim for city taxes, 28 ALR2d 1425.

Release or compromise of city taxes by city attorney, 28 ALR2d 1425.

Capacity of municipality as trustee for maintenance or care of private cemetery, burial lot, tomb or monument, or erection of tomb or monument, 47 ALR2d 622.

Right to compel municipality to extend its water system, 48 ALR2d 1222.

Municipal power to condemn land for cemeteries, 54 ALR2d 1322.

Constitutionality of provisions for destruction of dogs running at large, 56 ALR2d 1024.

Exchange of real property, power of municipal corporation as to, 60 ALR2d 220.

Municipality's power to sell, lease or mortgage public utility plant or interest therein, 61 ALR2d 595.

Relative rights, as between municipality and abutting landowners, to minerals, oil and gas underlying streets, alleys or parks, 62 ALR2d 1311.

Validity of municipal regulation of storage or accumulation of lumber, straw, trash or similar inflammable material, 64 ALR2d 1040.

Right of state or its political subdivision to maintain action in another state for support and maintenance of defendant's child, parent or dependent in plaintiff's institution, 67 ALR2d 771.

Parking meters, permissible use of funds from, 83 ALR2d 625.

Pledging parking meter revenues as unlawful relinquishment of governmental power, 83 ALR2d 649.

Power of municipal corporation to submit to arbitration, 20 ALR3d 569.

Validity and construction of anti-water pollution statutes or ordinances, 32 ALR3d 215.

Power of eminent domain as between state and subdivision or agency thereof, or as between different subdivisions or agencies themselves, 35 ALR3d 1293.

Validity of municipal regulation of aircraft flight paths or altitudes, 36 ALR3d 1314.

Cost of substitute facilities as measure of compensation paid to state or municipality for condemnation of public property, 40 ALR3d 143.

Validity and construction of municipal ordinances regulating community antenna television service (CATV), 41 ALR3d 384.

Propriety of injunctive relief against diversion of water by municipal corporation or public utility, 42 ALR3d 426.

Validity and construction of state and municipal enactments regulating lobbying, 42 ALR3d 1046.

Validity and construction of statute or ordinance providing for repair or destruction of residential building by public authorities at owner's expense, 43 ALR3d 916.

Power of municipal corporation to limit exclusive use of designated lanes or streets to buses and taxicabs, 43 ALR3d 1374.

Estoppel of municipality as to encroachments upon public streets, 44 ALR3d 257.

Power of municipal corporation to lease or sublet property owned or leased by it, 47 ALR3d 19.

Standing of municipal corporation or other governmental body to attack zoning of land lying outside its borders, 49 ALR3d 1126.

Validity and construction of statute or ordinance forbidding treatment in health clubs or massage salons by person of the opposite sex, 51 ALR3d 936.

Validity of municipal regulation more restrictive than state regulation as to time for selling or serving intoxicating liquor, 51 ALR3d 1061.

Validity and construction of regulations dealing with misrepresentation in the sale of kosher food, 52 ALR3d 959.

Power of municipality to charge nonresidents higher fees than residents for use of municipal facilities, 57 ALR3d 998.

Validity of statute or ordinance making it an offense to consume or have alcoholic beverages in open package in motor vehicle, 57 ALR3d 1071.

Validity and construction of curfew statute, ordinance or proclamation, 59 ALR3d 321, 83 ALR4th 1056.

Right of municipality to refuse services provided by it to resident for failure of resident to pay for other unrelated services, 60 ALR3d 714.

Gambling: construction and application of state or municipal enactments relating to policy or numbers games, 70 ALR3d 897.

Liability for negligence in carrying out governmentally required inspection of motor vehicle, 70 ALR3d 1239.

Validity of regulation providing for reserved parking spaces or parking priority on publicly owned property for members of a designated group, 70 ALR3d 1323.

Validity and construction of statute or ordinance requiring return deposits on soft drink or similar containers, 73 ALR3d 1105.

Right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land, 95 ALR3d 752.

Bells, carillons and the like as nuisance, 95 ALR3d 1268.

Recovery of exemplary or punitive damages from municipal corporation, 1 ALR4th 448.

Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from design, construction, or failure to warn of narrow bridge, 2 ALR4th 635.

Validity and construction of statutes or ordinances prohibiting profanity or profane swearing or cursing, 5 ALR4th 956.

Right of municipal corporation to review of unfavorable decision in action or prosecution for violation of ordinance — modern status, 11 ALR4th 399.

Factors affecting award of operating certificate, franchise, or license under state cable television act, 15 ALR4th 961.

Validity of zoning or building regulations restricting mobile homes or trailers to established mobile home or trailer parks, 17 ALR4th 106.

Validity and construction of statute or ordinance protecting historical landmarks, 18 ALR4th 990.

Liability, in motor vehicle-related cases, of governmental entity for injury, death, or property damage resulting from defect or obstruction in shoulder of street or highway, 19 ALR4th 532.

State or municipal towing impounding, or destruction of motor vehicles parked or abandoned on streets or highways, 32 ALR4th 728.

Private improvement of land dedicated but not used as street as estopping public rights, 36 ALR4th 625.

Windmill as nuisance, 36 ALR4th 1159.

State and local regulation of private landowner's disposal of solid waste on own property, 37 ALR4th 635.

Liability of governmental entity to builder or developer for negligent issuance of building permit subsequently suspended or revoked, 41 ALR4th 99.

Construction of provisions of statute or ordinance governing occasion, time or manner of summary destruction of domestic animals by public authorities, 42 ALR4th 839.

Validity of state or municipal tax or license fee upon occupation of practicing law, 50 ALR4th 467.

Validity, construction and application of statutes or ordinances involved in prosecutions for possession of bookmaking paraphernalia, 51 ALR4th 796.

Validity, construction and effect of statute requiring consultation with, or approval of, local governmental unit prior to locating group home, halfway house or similar community residence for the mentally ill, 51 ALR4th 1096.

Validity, construction and application of statutes or ordinances involved in prosecutions for transmission of wagers or wagering information related to bookmaking, 53 ALR4th 801.

Landlord and tenant: violation of statute or ordinance requiring landlord to furnish specified facilities or service as ground of liability for injury resulting from tenant's attempt to deal with deficiency, 63 ALR4th 883.

State and local government liability for injury or death of bicyclist due to defect or obstruction in public bicycle path, 68 ALR4th 204.

Municipal liability for negligent fire inspection and subsequent enforcement, 69 ALR4th 739.

Liability of private landowner for vegetation obscuring view at highway or street intersection, 69 ALR4th 1092.

Validity and construction of statute, ordinance or regulation applying to specific dog breeds, such as “pit bulls” or “bull terriers,” 80 ALR4th 70.

Right of one governmental subdivision to challenge annexation proceedings by another such subdivision, 17 ALR5th 195.

Validity and construction of statute or ordinance requiring installation of automatic sprinklers, 63 ALR5th 517.

Effect of broadcaster's employment practices on renewal of broadcaster's television license, 57 ALR Fed 16.

Judicial review under § 16 of Noise Control Act of 1972 (42 USC § 4915) of action of Administrator of Environmental Protection Agency, 59 ALR Fed 705.

Closing or relocation of medical facility serving large numbers of minority citizens as violative of Title VI of Civil Rights Act of 1964 (42 USC § 2000d et seq.), 69 ALR Fed 588.

Validity, under federal constitution, of regulations, rules or statutes requiring random or mass drug testing of public employees or persons whose employment is regulated by state, local or federal government, 86 ALR Fed 420.

§ 15-1-104. Authority to carry liability insurance.

Any city or town may carry liability insurance in an amount the governing body deems necessary. The insurance shall be:
1. On standard policy forms approved by the state insurance commissioner;
2. With companies authorized to do business in Wyoming;
3. Paid out of the general fund of the city or town.

History. Laws 1965, ch. 112, § 4; W.S. 1957, § 15.1-4; Laws 1979, ch. 157, § 3; 1980, ch. 38, § 1.

Cross references. —

For substantive provisions on governmental tort liability, see Wyoming Governmental Claims Act (§ 1-39-101 et seq.).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Purchase of liability insurance is a waiver of tort immunity, at least up to the amount of the coverage. Collins v. Memorial Hosp., 521 P.2d 1339, 1974 Wyo. LEXIS 202 (Wyo. 1974).

Cited in

Lutheran Hosps. & Homes Soc'y of America v. Yepsen, 469 P.2d 409, 1970 Wyo. LEXIS 173 (Wyo. 1970).

Law reviews. —

For article, “Municipal Tort Liability: Purchase of Liability Insurance as a Waiver of Immunity,” see 18 Wyo. L.J. 220 (1964).

For case note on Lutheran Hosps. & Homes Soc'y of America v. Yepsen, 469 P.2d 409, 1970 Wyo. LEXIS 173 (Wyo. 1970), see VII Land & Water L. Rev. 717 (1972).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability or indemnity insurance carried by governmental unit as affecting immunity from tort liability, 68 ALR2d 1437.

Validity and construction of statute authorizing or requiring governmental unit to procure liability insurance covering public officers or employees for liability arising out of performance of public duties, 71 ALR3d 6.

Scope of provision in liability policy issued to municipal corporation or similar governmental body limiting coverage to injuries arising out of construction, maintenance or repair work, 30 ALR5th 699.

§ 15-1-105. Governing bodies; meetings; quorum; executive sessions.

Public meetings of the governing body shall be held in accordance with W.S. 16-4-401 through 16-4-408 . Special meetings may also be called by a majority of the qualified members of the governing body. A majority of all the qualified members of the governing body constitutes a quorum for the transaction of business, but any number may adjourn a meeting to compel the attendance of and punish absent members. If the nature of the business so requires, the governing body by a vote of two-thirds (2/3) of the members present, may go into executive session and exclude the public therefrom.

History. Laws 1965, ch. 112, § 5; W.S. 1957, § 15.1-5; Laws 1980, ch. 38, § 1; 1984, ch. 15, § 1; ch. 34, § 2; 2005, ch. 194, § 2.

The 2005 amendment, effective July 1, 2005, substituted “16-4-408” for “16-4-407.”

Cross references. —

As to ordinances and resolutions, see §§ 15-1-114 to 15-1-119 .

As to mayor's messages in first class cities, see § 15-3-202 .

As to president of governing body in first class cities, see § 15-3-203 .

As to governing body of cities operating under commission form of government, see §§ 15-4-101 and 15-4-102 .

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction and application of statutes making public proceedings open to the public, 38 ALR3d 1070, 34 ALR5th 591.

Abstention from voting of member of municipal council present at session as affecting requisite voting majority, 63 ALR3d 1072.

Emergency exception under state law making proceedings by public bodies open to the public, 33 ALR5th 731.

Attorney-client exception under state law making proceedings by public bodies open to the public, 34 ALR5th 591.

§ 15-1-106. Conduct and journal of governing body's proceedings.

The governing body shall determine the rules for the conduct of its proceedings, and shall keep a journal thereof which is a public record. The manner in which each member of the governing body votes on any matter upon which a vote is taken shall be entered in the journal.

History. Laws 1965, ch. 112, § 6; W.S. 1957, § 15.1-6; Laws 1980, ch. 38, § 1; 1984, ch. 15, § 1.

§ 15-1-107. Vacancies in offices; grounds; how filled.

A vacancy exists in the office of mayor or councilman if during the term for which elected any mayor or councilman:
1. Except as provided in W.S. 22-23-103 , fails the residency requirements as defined by local ordinance for the city, town or ward;
2. Is convicted of a felony;
3. Fails to attend four (4) or more consecutive regularly scheduled meetings of the council without an excused absence as determined by a majority of the council according to procedures adopted pursuant to subsection (b) of this section; or
4. Meets any other condition specified in W.S. 22-18-101 .
The governing body, by ordinance, shall specify the procedure for determining whether a vacancy exists.
If a vacancy is determined to exist, the governing body shall appoint an eligible person to the office who shall serve until his successor is elected at the next general municipal election and qualified. If the entire council is vacant, the district judge for the district in which the city or town is located shall appoint a person to fill each vacancy and serve until the next general municipal election at which time a successor shall be elected to fill the unexpired portion of each term.
A vacancy in the office of mayor shall be filled only from the governing body.
Vacancies in appointive offices shall be filled in the manner provided for initial appointments.

History. Laws 1965, ch. 112, § 7; W.S. 1957, § 15.1-7; Laws 1980, ch. 38, § 1; 1984, ch. 15, § 1; ch. 34, § 2; 1997, ch. 109, § 1; 2002 Sp. Sess., ch. 69, § 1.

Cross references. —

As to vacancy in office of mayor of first class city, see § 15-3-203 .

§ 15-1-108. Powers and duties of mayor; appointment of mayor pro tem.

Unless otherwise provided by statute, the mayor shall:
1. Preside at all meetings of the governing body, and in his absence a councilman shall be appointed to act as mayor pro tem;
2. Have superintending control of all officers and affairs of the city or town;
3. Take care that the ordinances and laws are complied with;
4. Administer oaths;
5. Sign commissions and appointments and all bonds, contracts and other obligations required to be signed in the name of the city or town; and
6. Have one (1) vote on all matters coming before the governing body upon which a vote is taken, except a vote:
  1. To override a veto;
  2. To confirm an appointment other than a vote to break a tie vote of the governing body; and
  3. Pursuant to a hearing for removal or discharge as provided in W.S. 15-2-102(b)(iv)(C) or 15-3-204(b)(iv)(C).
Repealed by Laws 1984, ch. 15, § 2.

History. Laws 1965, ch. 112, § 8; W.S. 1957, § 15.1-8; Laws 1980, ch. 38, § 1; 1984, ch. 15, § 2; ch. 34, § 2; 1993, ch. 124, § 1; 2004, ch. 130, § 1.

The 2004 amendment, in (a)(vi)(C), substituted “W.S. 15-2-102(b)(iv)(C) or 15-3-204(b)(iv)(C)” for “W.S. 15-2-102(b)(iv)(B) or15-3-204(b)(iv)(B).”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Conflicting legislation. —

§ 15-1-109. When clerk may administer oaths.

The clerk of any city or town may administer oaths to persons for any city or town purpose for which an oath is required or authorized by law.
In adding his jurat to any oath he administers, the clerk shall attach the official seal of the city or town to the jurat.

History. Laws 1965, ch. 112, § 9; W.S. 1957, § 15.1-9; Laws 1980, ch. 38, § 1; 1985, ch. 209, § 1.

§ 15-1-110. Minutes of meetings and titles of ordinances passed to be published; exception; contents; publication of salary information of specified officials and employees.

The governing body of any city or town shall designate a legal newspaper and publish once therein the minutes of all regular and special meetings of the governing body and the titles of all ordinances passed. If a newspaper is not published in the city or town the proceedings or ordinances shall be posted for at least ten (10) days in the city or town clerk’s office and in such other places as the governing body determines. The clerk of each city or town shall within twelve (12) days after adjournment of every meeting, furnish the newspaper a copy of the proceedings of the meeting. Except for salaries and wages published under subsection (b) of this section, the copy shall include any bill presented to the governing body stating the amount of the bill, the amount allowed, the purpose of the bill and the claimant. Claims for part-time employees may be summarized by department without listing each part-time employee. The newspaper shall publish the copy of proceedings within nine (9) days after receipt.
A city or town required to publish minutes under subsection (a) of this section shall separately publish:
1. Within sixty (60) days after the end of each fiscal year, the name, position, base annual salary of and amount of overtime pay paid to each full-time employee and each elected official. A brief statement shall accompany the salary publication specifying that all salaries are listed as base annual salaries or actual wages, not including any benefits such as health insurance costs, life insurance benefits and pension plans. The statement shall also indicate that any overtime the employee earned and was paid by the city or town is included;
2. Repealed by Laws 2014, ch. 86, § 2.
Repealed by Laws 2014, ch. 86, § 2.
Subsection (b) of this section shall not apply to undercover personnel working in the law enforcement field.

History. Laws 1965, ch. 112, § 10; W.S. 1957, § 15.1-10; Laws 1973, ch. 212, § 1; 1980, ch. 38, § 1; 1983, ch. 54, § 1; 2014, ch. 86, §§ 1, 2; 2020, ch. 36, § 1.

The 2014 amendment, effective July 1, 2014, rewrote (b)(i); and repealed former (b)(ii) and (c) which read: “(ii) During March of each year, a complete list of all chief administrative officials, assistant administrative officials, elected officials, department heads and full-time employees of the city or town specified by name and position, excluding salaries.

“(c) As used in this section, ‘department head’ means any employee responsible for the operation of a major functional area of the city or town who reports directly to the chief administrative official.”

The 2020 amendment, effective July 1, 2020, in (b)(i) substituted “position, base annual salary of and amount of overtime pay paid to each” for “position and gross monthly salary of each,” “base annual salaries or actual wages” for “gross monthly salaries or actual monthly wages,” “benefits” for “fringe benefits,” “any overtime the employee earned and was paid” for “the salaries or wages do not include any overtime the employee may earn which would be paid,” and added “is included” at the end.

Intent of legislature in enacting this section was to insure that the business of each municipality in Wyoming would be subject to public scrutiny with respect to the expenditure of funds for all acquired debts. Record-Times, Inc. v. Wheatland, 650 P.2d 297, 1982 Wyo. LEXIS 381 (Wyo. 1982).

Section requires inclusion of listing of employees' salaries in minutes. —

The language of this section requires that cities and towns include a listing of employees' salaries in the minutes of council meetings which are submitted to the designated paper for publication. Record-Times, Inc. v. Wheatland, 650 P.2d 297, 1982 Wyo. LEXIS 381 (Wyo. 1982).

Applied in

Sheridan Newspapers, Inc. v. City of Sheridan, 660 P.2d 785, 1983 Wyo. LEXIS 289 (Wyo. 1983).

Law reviews. —

For case note, “Constitutional Law — A Constitutional Right of Access to State-Held Information. Sheridan Newspapers, Inc. v. City of Sheridan, 660 P.2d 785, 1983 Wyo. LEXIS 289 (Wyo. 1983),” see XIX Land & Water L. Rev. 719 (1984).

§ 15-1-111. Appropriations for advertisement of resources authorized; exception.

The governing body of any city or town may make appropriations from the city or town general fund for:
1. Advertising the resources of the city or town;
2. Furthering its industrial development; or
3. Encouraging exhibits at fairs, expositions and conventions.
No appropriation may be for the express aid of any private citizen, firm or corporation.

History. Laws 1965, ch. 112, § 11; W.S. 1957, § 15.1-11; Laws 1979, ch. 85, § 1; 1980, ch. 38, § 1.

Cross references. —

As to advertising county resources, see § 18-3-521 .

§ 15-1-112. Manner of disposing of municipal property; when advertising and bids not necessary.

Except as otherwise provided in subsection (b) of this section and W.S. 15-1-113(a), before the sale of any property of any city or town valued at five hundred dollars ($500.00) or more, an advertisement of the intended sale, describing the property and the terms of the sale, shall be published at least once each week for three (3) consecutive weeks in a newspaper having general circulation in the community, announcing a public auction or calling for sealed bids for purchase of the property. The property shall be sold to the highest responsible bidder, unless the governing body of the city or town rejects all bids. The responsibility of the bidders shall be determined by the governing body of the city or town.
Any city or town, upon terms the governing body thereof determines, without advertising the sale or calling for bids, and after a public hearing, notice of which shall include the appraised value of all real properties involved and notice of proposed terms of any contract with an independent agency pursuant to paragraph (iii) of this subsection and is published at least once each week for three (3) consecutive weeks in a newspaper of general circulation in the county in which the city or town is located, may:
1. Sell any property to:
  1. The state of Wyoming for the use of any agency or instrumentality thereof;
  2. Any agency or instrumentality of the state or federal government authorized to hold property in its own name;
  3. Any political subdivision of the state;
  4. Any person acquiring the property for a use which the governing body determines will benefit the economic development of the municipality.
2. Trade any real property the city or town owns for any other real property;
3. Contract with an independent agent to sell individual parcels of land for development as reasonable cost housing alternatives for prospective homeowners, provided the parcels have not been previously developed beyond the installation of basic utilities and a foundation.

History. Laws 1965, ch. 112, § 12; W.S. 1957, § 15.1-12; Laws 1980, ch. 38, § 1; 1985, ch. 209, § 1; 1995, ch. 51, § 1; 1996, ch. 62, § 1; 1998, ch. 96, § 1.

Cross references. —

As to power of cities and towns to convey property, see § 15-1-103 .

Council's discretion. —

In any sale of property made by the city, the council has the right to take into consideration its best economic, financial and industrial interests. Quackenbush v. Cheyenne, 52 Wyo. 146, 70 P.2d 577, 1937 Wyo. LEXIS 40 (Wyo. 1937).

Equity will not interfere with suit to restrain municipal officers in exercise of their discretionary power over control or disposition of municipal property, in the absence of illegality, fraud or clear abuse of authority. Quackenbush v. Cheyenne, 52 Wyo. 146, 70 P.2d 577, 1937 Wyo. LEXIS 40 (Wyo. 1937).

Taxpayers' suit not authorized. —

Mere fact that lots should have been sold for a somewhat higher figure and that sale was improvident does not, in absence of illegality, fraud or clear abuse of discretion authorize a suit on behalf of taxpayers, for the reason that sale of the property is by statute left to judgment of council. Quackenbush v. Cheyenne, 52 Wyo. 146, 70 P.2d 577, 1937 Wyo. LEXIS 40 (Wyo. 1937).

Exchange of land covered by section. —

Even if the power of a municipal corporation to buy and sell land includes the right to exchange land, the procedures outlined in this section would apply to the exchange. City of Buffalo v. Joslyn, 527 P.2d 1106, 1974 Wyo. LEXIS 245 (Wyo. 1974).

Avoiding appearance of unfairness. —

Even where the city officials are so well informed on the matter of a sale or exchange of land that no possible additional information could come to their attention by the advertisement of the intended disposition of city property, it is important to the officials of a city and the residents thereof that any appearance of unfairness be guarded against by complying with the provisions of this section. City of Buffalo v. Joslyn, 527 P.2d 1106, 1974 Wyo. LEXIS 245 (Wyo. 1974).

§ 15-1-113. Contracts for public improvements.

All contracts for any type of public improvement, excluding contracts for professional services or where the primary purpose is emergency work or maintenance, for any city or town or joint powers board wherein at least one (1) member is a municipality shall be advertised for bid or for response if a request for proposal or qualification for construction manager agent, construction manager at risk or design-builder is used, if the estimated cost, including all related costs, exceeds a bid threshold of thirty-five thousand dollars ($35,000.00), except that a contract for the purchase or lease of a new automobile or truck shall be advertised regardless of cost and if there is an automobile or truck for trade-in, it shall be included as a part of the advertisement and bid. The requirements of W.S. 15-1-112(a) do not apply to any city or town trading in an automobile or truck on the purchase of a new automobile or truck.
The advertisement shall be published on two (2) different occasions, at least seven (7) days apart, in a newspaper having general circulation in the city or town, or if a joint powers board in any city or town which is a member of the board. The published notice shall state the place, date and time when the bids or proposals will be received and bids will be publicly opened and the place where interested persons may obtain complete specifications of work to be performed.
If the contract is let for bid, the contract shall be let to the lowest bidder who shall be determined qualified and responsible in the sole discretion of the governing body. The governing body may use alternate design and construction delivery methods as defined under W.S. 16-6-701 if deemed appropriate. The governing body may reject all bids or responses submitted if it finds that none of them would serve the public interest. For contracts in excess of five hundred thousand dollars ($500,000.00), cities, towns and joint powers boards may prequalify contractors who wish to submit bids or responses based on such criteria as the project type and experience, expertise, professional qualifications, past performance, staff proposed, schedule proposed, financial strength, qualification of supervisors proposed to be used, technical solutions proposed or references.
Every contract shall be executed by the mayor or in his absence or disability, by the president or other presiding officer of the governing body and by the clerk or designee of the governing body. The successful bidder or respondent shall furnish to the city, town or joint powers board a bond or other form of guarantee in accordance with W.S. 16-6-112 .
Before advertising for a bid for any work on the construction of any public improvements and except as provided under W.S. 16-6-707 for alternate design and construction delivery methods, detailed plans and specifications shall be prepared, together with an estimate of the probable cost and a form of the proposed contract. A city, town or joint powers board may withhold a percentage of the calculated value of any work completed as retainage in accordance with W.S. 16-6-702(b). No progress payment may be made until the city or town engineer or designated local official has furnished the estimate, together with a certificate that the amount of work estimated to have been done conforms in all material respects with the requirements of the contract. A joint powers board may designate an official of any member city or town to perform the functions required by this subsection.
In advertising for any bid, the forms of guarantee required under this section and approved by the city, town or joint powers board shall be specified. In addition, bidders shall be required to accompany each bid with a bid bond or if the bid is one hundred fifty thousand dollars ($150,000.00) or less, any other form of bid guarantee approved by the city, town or joint powers board, equal to at least five percent (5%) of the total bid amount, with sufficient surety and payable to the city, town or joint powers board. The bid guarantee shall be forfeited as liquidated damages if the bidder, upon the letting of the contract to him, fails to enter into the contract within thirty (30) days after it is presented to him for that purpose or fails to proceed with the performance of the contract. The bid guarantee shall be retained by the city, town or joint powers board until proper bond or other form of security satisfactory to the city, town or joint powers board to secure performance of the contract has been filed and approved. The right to reject any bid is reserved in all bid advertisements. All bids shall be numbered consecutively before they are opened and no further bids may be received after the advertised time of opening bids and any bid is publicly opened. The city, town or joint powers board shall give all persons who desire an opportunity to inspect all bids when they are opened. No bid may be considered unless accompanied by a bid guarantee in the required amount.
No contract for which a bond or other form of financial guarantee approved by the city, town or joint powers board is required may be assigned or transferred in any manner except by operation of law or consent of the governing body endorsed on the contract. Assignment by any other means renders the contract null and void as to any further performance by the contractor or the assignee, without any act on the part of the city, town or joint powers board. The city, town or joint powers board may at once proceed to relet the contract or may at its discretion proceed to complete the contract as agent at the expense of the contractor and his sureties.
The city, town or joint powers board shall issue payments to contractors in accordance with W.S. 16-6-116(a).
Any officer or employee of the city, town or joint powers board who aids any bidder or respondent in securing a contract to furnish labor, material or supplies at a higher or lower price than that proposed by any other bidder or respondent, or who favors one bidder or respondent over another by giving or withholding information, or who willfully misleads any bidder or respondent in regard to the character of the material or supplies called for, or who knowingly certifies to a greater amount or different kind of material or supplies than has been actually received, is guilty of malfeasance, which renders his office vacant.
If an officer or employee is charged under subsection (j) of this section:
1. The officer or employee:
  1. Is entitled to a hearing before the governing body;
  2. Shall be served a copy of the charge at least ten (10) working days before the hearing;
  3. May present a defense in person or by counsel; and
  4. May have the finding of the governing body appealed to the district court.
2. The governing body of the city, town or joint powers board shall hold a hearing on its own motion or when the charge is signed by at least ten (10) qualified electors of the city or town, or in the case of a joint powers board ten (10) qualified electors of any member city or town and:
  1. May compel attendance and testimony of witnesses and production of papers;
  2. Shall make findings of fact and conclusions of law; and
  3. Shall render a conclusive decision upon a majority vote of the governing body.
Any officer or employee of the city, town or joint powers board found guilty of malfeasance with regard to a contract shall be punished by a fine of not more than one thousand dollars ($1,000.00).
If any person to whom a contract has been awarded has colluded with any person to prevent any other competing bids being made, or has entered into an agreement by which he has made a higher or lower bid than some other person for the purpose of dividing the contract or profits therefrom between two (2) or more bidders, the contract is null and void, and the mayor or manager or joint powers board shall advertise for new bids or upon approval of the governing body provide for the work to be done under the mayor’s, manager’s or board’s own supervision and control.
Any contract made in violation of the provisions of this section is void, and any money paid on account of the contract by the city, town or joint powers board may be recovered without restitution of the property or benefits received or retained.
Every contract of the kind specified in this section shall contain a provision expressly referring to this section and making it a part of the contract.
A public improvement shall not be divided into smaller units for the sole purpose of avoiding the advertising requirement of this section.
For purposes of this section “related costs” includes, but are not limited to, labor, labor burden, materials, transportation, storage, equipment, associated overhead and associated depreciation.
As used in this section, a contract for public improvement shall not include an arrangement in which a municipality can accomplish an energy or water efficiency project without upfront capital costs or capital appropriations by compensating an energy or water efficiency contractor over time from guaranteed savings in energy or water costs that result from the project.

History. Laws 1965, ch. 112, § 13; W.S. 1957, § 15.1-13; Laws 1969, ch. 163, § 1; 1973, ch. 72, § 1; 1979, ch. 72, § 1; 1980, ch. 38, § 1; 1984, ch. 15, § 1; ch. 33, § 1; 1985, ch. 209, § 1; 1987, ch. 206, § 1; 1989, ch. 158, § 2; 1999, ch. 178, § 1; 2006, ch. 98, § 2; 2007, ch. 128, § 1; 2008, ch. 117, § 1; 2009, ch. 123, § 2; 2012, ch. 106, § 1; 2020, ch. 31, § 1.

The 2006 amendment, effective July 1, 2006, inserted “or for response if a request for proposal or qualification for construction manager agent or construction manager at risk is used” in (a); inserted “or proposals” and “bids will be” in (b); in (c), added “If the contract is let for bid,” inserted the second sentence, inserted “or responses” in two places; inserted “or respondent” in (d) and (j); and inserted the exception language in (e).

The 2007 amendment, effective July 1, 2007, inserted “or design-builder” in (a), and made a related change.

The 2008 amendment, effective July 1, 2008, substituted “thirty-five thousand dollars ($35,000.00)” for “twenty thousand dollars ($20,000.00)” in (a).

The 2009 amendment, effective July 1, 2009, added (s).

The 2012 amendment, substituted “one hundred fifty thousand dollars ($150,000.00)” for “one hundred thousand dollars ($100,000.00)” in (d) and (f).

Laws 2012, ch. 106, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 21, 2012.

The 2020 amendment, effective July 1, 2020, in (d) substituted “a bond or other form of guarantee in accordance with W.S. 16-6-112 ” for “a bond as specified in the advertisement, or if the contract price is one hundred fifty thousand dollars ($150,000.00) or less, any other form of financial guarantee satisfactory to the city, town or joint powers board. The bond or other form of financial guarantee shall meet the requirements of W.S. 16-6-112 ”; in (e) deleted the second sentence, which read “Except as provided under W.S. 16-6-701 through 16-6-706 , no contract may provide for the monthly retention of more than ten percent (10%) of the contract price on the amount of work done during the month, as shown by the estimate of the city or town engineer or designated local official” and added a new second sentence; and rewrote (h), which read “Before any contractor or his representative receives a final payment on any contract for which a bond or other financial guarantee is required, the city, town or joint powers board shall publish in a newspaper of general circulation in the city or town, or in the case of a joint powers board in any member city or town, at least ten (10) days prior to the final payment, a notice to the effect that persons having claims for labor and material furnished the contractor shall present them to the city, town or joint powers board prior to the date specified for payment.”

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Section is a general statute. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

But only one applicable to cities and towns. —

The only state statute pertaining to advertising for bids and appearing in those statutes applicable to cities and towns is this section. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Provisions of section are mandatory, and a contract let in violation hereof is void. Tobin v. Town Council of Sundance, 45 Wyo. 219, 17 P.2d 666, 1933 Wyo. LEXIS 5 (Wyo. 1933).

Members of city board of public utilities are fiduciaries and trustees of the public interest, and they must always strive to secure specified services for the people for the least money. Centric Corp. v. Barbarossa & Sons, 521 P.2d 874, 1974 Wyo. LEXIS 200 (Wyo. 1974).

Material departure from bid specifications invalidates bid. —

While the city board of public utilities by statute must accept the lowest responsible bid, any material departure from the bid specifications invalidates a bid, and the defaulting party cannot be classed as a bidder. Centric Corp. v. Barbarossa & Sons, 521 P.2d 874, 1974 Wyo. LEXIS 200 (Wyo. 1974).

But minor irregularity does not justify rejection of lowest bid. —

A minor technical defect or irregularity which does not affect the substance of the bid does not justify the rejection of the lowest bid. Centric Corp. v. Barbarossa & Sons, 521 P.2d 874, 1974 Wyo. LEXIS 200 (Wyo. 1974).

One consideration given to determination whether departure from bid specifications is material is whether or not a variation would give a bidder an advantage or benefit not allowed to other bidders so as to destroy the competitive character of the bidding process. Centric Corp. v. Barbarossa & Sons, 521 P.2d 874, 1974 Wyo. LEXIS 200 (Wyo. 1974).

Omission of material to be filed with a bid was minor and inconsequential so as not to affect the substance of the bid justifying its rejection by the city board of public utilities. Centric Corp. v. Barbarossa & Sons, 521 P.2d 874, 1974 Wyo. LEXIS 200 (Wyo. 1974).

Court cannot require city board to accept bid. —

Although a court concludes that an omission with a bid was minor and inconsequential, it cannot require that the city board of public utilities must accept the bid. All the court can require is that the board cannot reject the bid on the basis of the omission where the bid submitted is the lowest. Centric Corp. v. Barbarossa & Sons, 521 P.2d 874, 1974 Wyo. LEXIS 200 (Wyo. 1974).

No recession of bid because of mistake. —

A construction company that had submitted a bid to a city for the construction of a fire station was not entitled to rescind its bid without penalty because of a mistake in computing the amount of the bid. However, pursuant to an agreement made in the course of a declaratory judgment action, the city stated they would abide by the decision of the district court with respect to the company's right to rescind. When the district court ruled the company was entitled to rescind its bid, this ruling, though erroneous, was upheld, because of a strong public policy in favor of settlement of litigation. City of Cheyenne v. Reiman Corp., 869 P.2d 125, 1994 Wyo. LEXIS 21 (Wyo. 1994).

Fixed rate formula in power contract held reasonable. —

Effect of violation of section on parties. —

Where contract was let in violation of this section for street improvements, contractor could not recover on the theory that municipality ratified contract by accepting work and was therefore estopped to deny its liability. Tobin v. Town Council of Sundance, 45 Wyo. 219, 17 P.2d 666, 1933 Wyo. LEXIS 5 (Wyo. 1933).

Where a contract was let in violation of the competitive bidding and expenditures in excess of appropriation statute and was held void, town, accepting and retaining benefit of street improvements, under the circumstances, cannot recover back money paid under the void contract. Tobin v. Town Council of Sundance, 45 Wyo. 219, 17 P.2d 666, 1933 Wyo. LEXIS 5 (Wyo. 1933).

Contractor could not recover upon implied contract for work and material. Tobin v. Town Council of Sundance, 45 Wyo. 219, 17 P.2d 666, 1933 Wyo. LEXIS 5 (Wyo. 1933).

Contractor could not recover though city officers testified they could not find anyone else who would, or could, do the work. Tobin v. Town Council of Sundance, 45 Wyo. 219, 17 P.2d 666, 1933 Wyo. LEXIS 5 (Wyo. 1933).

Cited in

State ex rel. Wyo. Workers' Comp. Div. v. Bergeron, 948 P.2d 1367, 1997 Wyo. LEXIS 151 (Wyo. 1997).

Law reviews. —

For comment, “Competitive Bidding on Public Works in Wyoming: Determination of Responsibility and Preference,” see XI Land & Water L. Rev. 243 (1976).

Am. Jur. 2d, ALR and C.J.S. references. —

Public works or contract, right of public authorities to reject all bids for, 31 ALR2d 469., 52 ALR4th 186.

Revocation, prior to execution of formal written contract, of vote for decision of public body awarding contract to bidder, 3 ALR3d 864.

Right of municipal corporation to recover back from contractor payments made under contract violating competitive bidding statute, 33 ALR3d 397.

Liability of municipality on quasi contract for value of property or work furnished without compliance with bidding requirements, 33 ALR3d 1164.

Waiver of competitive bidding requirements for state and local public building and construction contracts, 40 ALR4th 968.

Public contracts: authority of state or its subdivision to reject all bids, 52 ALR4th 186.

Construction and effect of “changed conditions” clause in public works or construction contract with state or its subdivision, 56 ALR4th 1042.

Public contracts: low bidder's monetary relief against state or local agency for nonaward of contract, 65 ALR4th 93.

Standing of disappointed bidder on public contract to seek damages under 42 USC § 1983 for public authorities' alleged violation of bidding procedures, 86 ALR Fed 904.

§ 15-1-114. Ordinances; required for legislation; exceptions; how proved.

All municipal legislation shall be by ordinance, unless provided otherwise by law, except that licenses may be granted by resolution.
All ordinances may be proved by the certificate of the clerk, under the seal of the city or town, and when printed or published in book or pamphlet form, and purporting to be published by authority of the city or town, shall be read and received in all courts and places without further proof.

History. Laws 1965, ch. 112, §§ 14, 19; W.S. 1957, §§ 15.1-14, 15.1-19; W.S. 1977, §§ 15-1-114 , 15-1-119 ; Laws 1980, ch. 38, § 1.

Meaning of “legislation.” —

Absent a specific requirement that it act by ordinance, town was empowered to act by resolution in authorizing debt for municipal water project. Cooper v. Town of Pinedale, 1 P.3d 1197, 2000 Wyo. LEXIS 74 (Wyo. 2000).

Admissibility of ordinance in evidence. —

Under the direct provisions of this section, a municipal ordinance, certified by the clerk under the seal of the town, is admissible in evidence. Meldrum v. State, 23 Wyo. 12, 146 P. 596, 1915 Wyo. LEXIS 9 (Wyo. 1915).

§ 15-1-115. Ordinances; form and style; presumption; manner of enactment; vote required.

All ordinances shall be in writing and passed pursuant to rules and regulations adopted by the governing body. No ordinance, except one making appropriations or one for the codification or general revision of ordinances, may contain more than one (1) subject which shall be expressed clearly in the title. Ordinances making appropriations and ordinances relating to codification or general revision of ordinances shall be limited to those subjects. The style of all ordinances shall be: “Be it ordained by the governing body of the city (town) of . . . . . ”.
Every ordinance relating to the codification or general revision of ordinances which has been passed and adopted prior to the effective date of this section, and is otherwise in conformance with this section, is deemed to meet the requirement that an ordinance shall not contain more than one (1) subject which shall be expressed clearly in the title.
Every ordinance shall be publicly read on three (3) different days. Public reading may be by title only. At least ten (10) days shall elapse between the introduction and final passage of every ordinance. For an emergency ordinance, the requirements of this section may be suspended by the affirmative vote of three-fourths (3/4) of the qualified members of the governing body. No franchise may be granted by emergency ordinance.
Passage of an ordinance requires the affirmative vote of the majority of the qualified members of the governing body. Passage of an emergency ordinance requires the affirmative vote of three-fourths (3/4) of the qualified members of the governing body.

History. Laws 1965, ch. 112, § 15; W.S. 1957, § 15.1-15; Laws 1959, ch. 159, § 1; 1979, ch. 28, § 1; 1980, ch. 38, § 1; 1984, ch. 15, § 1.

Cross references. —

For provision that ordinances, etc., shall remain in effect upon city or town becoming first class city, see § 15-3-103 .

As to veto power of mayor, see § 15-3-201 .

As to right of person whose rights are affected by a municipal ordinance, etc., to obtain a declaration of rights, status or other legal relation thereunder, see § 1-37-103 .

As to parties generally in proceedings under Uniform Declaratory Judgments Act involving validity of ordinance or franchise, see § 1-37-113 .

Stated in

Blount v. City of Laramie, 510 P.2d 294, 1973 Wyo. LEXIS 159 (Wyo. 1973).

§ 15-1-116. Ordinances; publication required; exception; attestation; recodification or revision.

Every ordinance before becoming effective shall be published at least once in a newspaper of general circulation, which maintains a physical office at which advertisements are accepted and which is open to the public during regularly set business hours within the boundaries of the city or town. The newspaper shall publish the ordinance within nine (9) days from the date of receipt. If there is no such newspaper, the ordinance shall be posted for at least ten (10) days in the city clerk’s office and in such other places as the governing body determines. Emergency ordinances are effective upon proclamation of the mayor, and as soon thereafter as is practicable they shall be published and posted in the manner required of other ordinances.
Every ordinance, within a reasonable time after passage, shall be signed by the mayor, attested by the clerk and recorded in a book kept for that purpose. The attestation of the clerk shall show that the ordinance was duly published and posted.
A recodification or revision of ordinances shall be published by title only together with a brief summary of the recodification or revision, in the manner provided in subsection (a) of this section for newspaper publication, provided that a copy of the recodification or revision shall be available to the public at all reasonable hours in the office of the city or town clerk.
Ordinances adopted by the governing bodies of all incorporated cities and towns prior to the effective date of this act, which were posted for at least ten (10) days in the city clerk’s office and in such other places as the governing body determined, are deemed to be in compliance with the requirements of this section.

History. Laws 1965, ch. 112, § 16; W.S. 1957, § 15.1-16; Laws 1969, ch. 159, § 2; 1980, ch. 38, § 1; 1984, ch. 15, § 1; 1985, ch. 209, § 1; 2005, ch. 131, § 1.

The 2005 amendment, in (a), inserted “which maintains a physical office at which advertisements are accepted and which is open to the public during regularly set business hours”, and substituted “boundaries of the city or town” for “city or town”; added (d).

Laws 2005, ch. 131, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2005.

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 15-1-101(a)(xv).

Stated in

Uhls v. State ex rel. City of Cheyenne, 429 P.2d 74, 1967 Wyo. LEXIS 161 (Wyo. 1967); Powers v. City of Cheyenne, 435 P.2d 448, 1967 Wyo. LEXIS 191 (Wyo. 1967).

§ 15-1-117. Ordinances; amendment and repeal.

Amendments and repeals of ordinances, or sections thereof, shall be by ordinance. An amending ordinance shall set forth the entire ordinance or section as amended. No vote of the governing body may be reconsidered or rescinded at any meeting unless there are as many members present as there were when the vote was originally taken.

History. Laws 1965, ch. 112, § 17; W.S. 1957, § 15.1-17; Laws 1980, ch. 38, § 1.

§ 15-1-118. Effect of governmental change on ordinances.

If any city or town acquires a new classification or changes its form of government, all ordinances, bylaws and resolutions shall continue in force until amended or repealed, except insofar as they may be inconsistent with the provisions of the law governing the new class or form of government.

History. Laws 1965, ch. 112, § 18; W.S. 1957, § 15.1-18; Laws 1980, ch. 38, § 1.

§ 15-1-119. Adoption of state traffic laws and other provisions by reference authorized; procedure; effect.

Any city or town may adopt by reference all or part of The Uniform Act Regulating Traffic on Highways (W.S. 31-5-101 through 31-5-1214 ) and any national fire prevention, building, plumbing and electrical codes, and the Wyoming public works standard specifications published by the Wyoming public works council.
If any acts, codes or standard specifications are adopted by reference, the ordinance shall state whether all of an act, code or standard specifications is adopted or describe the parts or sections adopted by specific reference to sections.
It is not necessary for the city or town to publish the act, code or standard specifications adopted by reference, but the ordinance shall state that a copy of the act, code or standard specifications is on file in the office of the clerk of the city or town. The clerk shall keep on file in his office a copy thereof for examination.
If any act, code or standard specifications, or part thereof, is adopted by reference, it constitutes an adoption of the act, code or standard specifications as then enacted. Any subsequent additions or amendments to the code adopted by reference are not effective until adopted by ordinance.

History. Laws 1965, ch. 112, § 20; W.S. 1957, § 15.1-20; W.S. 1977, § 15-1-120 ; Laws 1980, ch. 38, § 1; 1984, ch. 15, § 1; 1997, ch. 104, § 1.

Cited in

Lapp v. City of Worland, 612 P.2d 868, 1980 Wyo. LEXIS 283 (Wyo. 1980); Ruhs v. Pacific Power & Light, 671 F.2d 1268, 1982 U.S. App. LEXIS 21320 (10th Cir. 1982).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of hotel or motel operator for injury or death of guest or privy resulting from condition in plumbing or bathroom of room, 93 ALR3d 253.

Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from design, construction, or failure to warn of narrow bridge, 2 ALR4th 635.

§ 15-1-120. Effect of governmental change on territorial limits.

If any city or town changes its form of government, the territorial limits and all rights, powers and property under the former organization shall remain the same under the new organization. No existing right or liability, or suit or prosecution may be affected by a change in the form of government unless otherwise provided by law.

History. Laws 1965, ch. 112, § 53; W.S. 1957, § 15.1-53; W.S. 1977, § 15-1-401 ; Laws 1980, ch. 38, § 1.

Cross references. —

As to procedure for change of government, see § 15-11-301 .

§ 15-1-121. Fire protection agreements authorized; limitation; liability.

Every city, town and county may enter into negotiations with each other or with the board of directors of a fire district for the purpose of:
1. Establishing a mutual aid agreement for fire protection; or
2. Executing a contract in which the city, town or county agrees unilaterally to provide fire protection for another city, town or fire district upon conditions and for consideration as may be agreed upon by the contracting parties.
At no time under any agreement or contract executed pursuant to this section shall any city, town, county or fire district entirely deplete its fire defenses in providing assistance unless specifically authorized to do so by its governing body.
No city or town is liable for damages to persons or property resulting from the operation or presence of fire fighting equipment outside the corporate limits pursuant to an agreement or contract under this section.
Entry into an agreement or contract pursuant to this section does not create a new or reorganized taxing entity as provided in W.S. 39-13-104(m).

History. Laws 1979, ch. 127, § 1; 1980, ch. 38, § 1; 1984, ch. 34, § 2; 2007, ch. 29, § 1; 2008, ch. 56, § 1.

The 2007 amendment, effective July 1, 2007, in (a) deleted “contiguous” preceding “fire district.”

The 2008 amendment, added (d).

Laws 2008, ch. 56 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 7, 2008.

Editor's notes. —

Laws 2008, ch. 56, § 2 provides: “This act shall apply to all ad valorem taxes assessed and levied on any property on and after January 1, 2008.”

§ 15-1-122. Special charters repealed; rights preserved.

All special charters in effect on July 1, 1965 are repealed. However, any property right or vested interest that may have accrued by virtue of its charter is preserved to the city or town.

History. Laws 1965, ch. 112, § 490; W.S. 1957, § 15.1-490; W.S. 1977, § 15-9-101 ; Laws 1980, ch. 38, § 1.

§ 15-1-123. Prospective operation; existing transactions saved.

This act applies to transactions entered into and events occurring after July 1, 1965, but may not be construed to affect any substantive or vested right.
Transactions validly entered into before July 1, 1965, and the rights, duties and interests flowing therefrom remain valid thereafter and may be terminated, consummated or enforced as required or permitted by any statute or other law repealed by this act as though the repeal had not occurred, or at the option of the governing body, under this act as if commenced hereunder.

History. Laws 1965, ch. 112, § 492; W.S. 1957, § 15.1-492; W.S. 1977, § 15-9-102(a), (b); Laws 1980, ch. 38, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a) and twice in subsection (b), see § 15-1-101(a)(xv).

§ 15-1-124. Employee bonds.

The governing body of any city or town shall require the treasurer and may require any other official or employee to post bonds for the performance of their duties. The bonds shall be from a surety company licensed to do business in this state, in an amount as the governing body determines, payable to the city or town, and shall be filed with the city or town clerk. The city or town shall pay the bond costs and any filing costs.

History. Laws 1985, ch. 152, § 1.

§ 15-1-125. Presentation and payment of claims; when warrant draws interest; exception.

All claims and demands against any city or town shall be presented to the governing body by itemized invoice or other document from the vendor with a full account of the quantity and total cost for each item or for the services rendered. No payment shall be approved by the governing body unless the claim is certified under penalty of perjury by the vendor or by an authorized person employed by the city or town receiving the items or for whom the services were rendered. No claim or demand may be audited or allowed unless presented and certified as provided in this section, and no suit may be instituted against a city or town for any claim unless it has been first presented to the governing body and a reasonable time given to act upon the claim.
Upon the allowance of any claim or demand by the governing body, the treasurer shall issue a check or warrant for the correct amount. The check or warrant shall be signed by the mayor and countersigned by the treasurer or any other person the governing body designates to countersign checks or warrants in the treasurer’s absence. If there is not sufficient money in the treasury to pay the warrant, the treasurer shall endorse on the warrant the date and a statement that it has been presented for payment but has not been paid for want of funds. Thereafter, the warrant shall draw interest at the rate of ten percent (10%) per year.
This section does not apply to claims under W.S. 1-39-101 through 1-39-119 [§ 1-39-120 ].

History. Laws 1965, ch. 112, § 158; W.S. 1957, §§ 15.1-155, 15.1-158; W.S. 1977, §§ 15-2-202 , 15-2-205; Laws 1979, ch. 157, § 2; 1980, ch. 38, § 1; 1985, ch. 152, § 3.

Compliance with provisions necessary. —

Statutes of this kind must be complied with before bringing an action, regardless of whether statute in specific terms prohibits bringing an action without compliance therewith. Utah Constr. Co. v. State Highway Comm'n, 45 Wyo. 403, 19 P.2d 951, 1933 Wyo. LEXIS 15 (Wyo. 1933).

Presentation to town of verified claim is necessary before commencement of action thereon against the town. Town Council of Hudson v. Ladd, 37 Wyo. 419, 263 P. 703, 1928 Wyo. LEXIS 15 (Wyo. 1928).

And failure to do so constitutes waiver. —

Plaintiff's failure to present claim to town board, where not raised by demurrer (now motion to dismiss) or answer, was waived in an action against the town for damages resulting from changing channel of river. Town Council of Hudson v. Ladd, 37 Wyo. 419, 263 P. 703, 1928 Wyo. LEXIS 15 (Wyo. 1928).

Am. Jur. 2d, ALR and C.J.S. references. —

Estoppel as to claim against municipality, 1 ALR2d 338.

Compromise of claim, power of city as to, 15 ALR2d 1359.

Interest on claim against a governmental unit in absence of provision in contract or express statutory provision, 24 ALR2d 928.

§ 15-1-126. Collecting city or town monies; settlement date.

Every officer and employee collecting or receiving monies belonging to the city or town shall settle with the treasurer on or before the last day of each month, or as directed by the governing body, and immediately pay all money into the treasury for the benefit of the funds to which the monies belong. If the last day of the month falls on Sunday, or a legal holiday, the payment shall be made on the next preceding business day.

History. Laws 1965, ch. 112, § 251; W.S. 1957, §§ 15.1-231, 15.1-251; W.S. 1977, §§ 15-4-225 , 15-4-254; Laws 1980, ch. 38, § 1; 1985, ch. 152, § 3.

Transmitting money to agent without security for payment ofbonds. —

The failure of the council in its contract with fiscal agent to demand security relieved city treasurer from duty of making such demand, thus he was justified in transmitting funds to such agent to pay bonds and coupons and was not liable for any loss sustained by the failure of such agent to do so. City of Casper v. Joyce, 54 Wyo. 198, 88 P.2d 467, 1939 Wyo. LEXIS 6 (Wyo. 1939).

§ 15-1-127. Prohibitions; interest in contracts; exception; extra pay; compensation to nonofficers; exception.

No qualified member of the governing body of any city or town or any member of that qualified member’s immediate family may receive any monetary or other economic benefit from any contract to which the city or town or anyone for its benefit is a party. The obligation on the part of the city or town is void in any contract in which a monetary or other economic benefit will be received by a qualified member of the governing body or his family who does not comply with subsection (b) of this section. Any money paid on the contract may be recovered by the city or town from any persons by an action brought in the name of the city or town.
Subsection (a) of this section does not apply to any qualified member of a governing body or any member of that qualified member’s immediate family who may receive any monetary or other economic benefit from any contract made by the governing body if the qualified member complies with the following:
1. The qualified member:
  1. Shall not participate in the consideration or discussion relating to the contract;
  2. Shall not attempt to influence the other members of the governing body in any way relating to the contract;
  3. Shall reveal the nature and extent of any monetary or other economic benefit he or any member of his immediate family may receive to the other members of the governing body prior to consideration of the contract;
  4. Shall not vote on the matter of granting the contract;
  5. Shall absent himself during the consideration, discussion and vote on the contract; and
  6. Shall not act, directly or indirectly, for the governing body in inspection, operation, administration or securing performance under the contract in which he or any member of his immediate family may receive any monetary or other economic benefit.
The governing body, by ordinance, shall prescribe requirements governing conflicts of interest by any employee and any member of his immediate family and procedures by which any employee and any member of his immediate family may be exempt from those requirements.
No qualified member of the governing body, officer or employee may receive any pay or perquisites from the city other than his salary for any work coming within the scope of his duties as provided by ordinance and the law. The governing body shall not pay or appropriate any money or other valuable thing to any person not a qualified member of the governing body, officer or employee for the performance of any act, service or duty which is within the proper scope of the duties of any qualified member of the governing body, officer or employee of the city or town, unless specially appropriated and ordered by a vote of three-fourths (3/4) of all members elected to the governing body.

History. Laws 1965, ch. 112, § 176; W.S. 1957, § 15.1-176; Laws 1969, ch. 151, § 1; W.S. 1977, § 15-3-206 ; Laws 1980, ch. 38, § 1; 1985, ch. 209, § 2.

Town attorney. —

Town attorney's action in petitioning for annexation and applying for liquor license was not a conflict of interest in violation of this section. Kroenlein v. Eddington, 2001 WY 115, 35 P.3d 1207, 2001 Wyo. LEXIS 141 (Wyo. 2001).

§ 15-1-128. Officers and employees; prohibitions; gratuities; exceptions; violations; results therefrom.

No officer or employee of any city or town shall:
1. Solicit or receive any pay, commission, money or thing of value, or derive any benefit, profit or advantage, directly or indirectly, from or by reason of any improvement, alteration or repair required by authority of the city or town, or any contract to which it is a party, except his lawful compensation as an officer or employee and except as otherwise provided in W.S. 15-1-127(b) and (c);
2. Solicit, accept or receive, directly or indirectly, from any public service corporation, or the owner of any public utility or franchise of the city, any pass, frank, free ticket, free service or any other favor upon terms more favorable than those granted the public generally, except that councilmen who are regularly employed by any public service corporation or owner of a public utility or franchise may receive free service or favor as is given to all other similar employees.
Any officer or employee who violates this section shall be subject to removal from his position or other disciplinary action after hearing.

History. Laws 1965, ch. 112, § 235; W.S. 1957, §§ 15-298, 15.1-235; W.S. 1977, §§ 15-4-209 , 15-4-229 ; Laws 1980, ch. 38, § 1; 1985, ch. 209, § 2.

§ 15-1-129. Contracts to house prisoners.

The governing body of any city or town may contract with the sheriff of any county in Wyoming to house prisoners charged or sentenced for municipal ordinance violations in the county jail.

History. Laws 1995, ch. 122, § 1.

§ 15-1-130. Prohibitions; amateur radio antenna regulation.

No city or town shall enact or enforce an ordinance or regulation that fails to conform to the limited preemption entitled “Amateur Radio Preemption, 101 FCC 2d 952 (1985)” issued by the federal communications commission. Ordinances or regulations may be adopted by a city or town with respect to amateur radio antennas which shall conform to the limited federal preemption entitled “Amateur Radio Preemption, 101 FCC 2d 952 (1985)” which states local regulations that involve placement, screening or height of antennas based on health, safety or aesthetic considerations shall be crafted to reasonably accommodate amateur communications. No ordinance or regulation adopted by a city or town under this section shall establish a maximum height for an amateur radio antenna of less than seventy (70) feet above ground.

History. Laws 1997, ch. 76, § 1; 1998, ch. 34, § 1.

§ 15-1-131. Communications companies franchise agreements authorized; limitations; procedure; exceptions.

The governing body of a city or town may enter into a franchise agreement with a communications company, as defined by W.S. 1-26-813(b), for access to its public rights-of-way if the governing body deems the franchise agreement to be proper and the agreement meets the requirements of this section.
All franchise agreements entered into by a governing body with a communications company under this section or with a cable company pursuant to 47 U.S.C. § 541 et seq. shall:
1. Be fair and reasonable;
2. Be competitively neutral and nondiscriminatory;
3. Comply with all requirements of applicable federal and state laws and ordinance;
4. Not unreasonably impair or inhibit the deployment of communications services;
5. To the extent practical encourage the deployment of communications services to serve consumers.
Franchise fees assessed under a franchise agreement entered into pursuant to this section shall:
1. Be passed through to customers unless otherwise agreed;
2. Not be assessed on revenues from internet access service.
A communications company assessed a franchise fee on local exchange services by a governing body may not be assessed any additional franchise fees by that governing body, including an assessment on any other communications services.
A communications company proposing to enter into a franchise agreement shall provide to the governing body of the city or town a request for negotiations. Negotiations between the governing body and a proposed franchisee shall not exceed one hundred eighty (180) days unless agreed to by the parties in writing. A request made under this subsection shall include, at a minimum, the date of the request for negotiations, the proposed date for the start of negotiations, the date by which negotiations shall terminate and the contact information for the proposed franchisee.
Any holder of a cable franchise pursuant to 47 U.S.C. § 541 et seq. shall be exempt from subsections (a), (c) and (e) of this section. Subject to federal law and the provisions of this subsection, a governing body may assess a franchise fee on gross revenues as determined in accordance with generally accepted accounting principles for the provision of cable service over a cable system operated by a holder of a cable franchise pursuant to 47 U.S.C. § 541 et seq. As used in this subsection, “gross revenues” shall not include any taxes, fees or assessments collected by a holder of a cable franchise from subscribers that are passed through to a government agency, including the user fee assessed by the federal communications commission, franchise fees, sales taxes and utility taxes. Nothing in this subsection shall be construed to prohibit or alter any decision by a governing body to not impose the franchise fee authorized by this section or any decision by a governing body to enter into an agreement with a holder of a cable franchise to impose a franchise fee on only a portion of the gross revenues from the provision of cable service subject to franchise fees under federal law and the provisions of this subsection.

History. Laws 2020, ch. 85, § 1.

Effective date. — Laws 2020, ch. 85, § 4, makes the act effective July 1, 2020.

§ 15-1-132. City and town prohibitions on utility connections.

No city or town shall enact or implement any ordinance or policy that prohibits, or has the effect of prohibiting, the connection or reconnection of an electric, natural gas, propane or other energy utility service provided by a public utility, municipality or cooperative utility.

History. Laws 2021, ch. 153, § 1.

Effective date. —

Laws 2021, ch. 153, § 2, makes the act effective July 1, 2021.

Article 2. Incorporation

Cross references. —

For constitutional provision relative to incorporation, see art. 13, § 1, Wyo. Const.

For provision requiring the consent of the electors with reference to organization of municipalities, see art. 13, § 2, Wyo. Const.

Statutory procedure and records exclusive. —

If the statute provides the means and procedure by which a town may become incorporated, or by which annexation may be made, that method and procedure is exclusive, and, in the same kind, the records made under that procedure are exclusive of any other binding record. Griffin v. Pine Bluffs, 366 P.2d 993, 1961 Wyo. LEXIS 135 (Wyo. 1961), reh'g denied, 368 P.2d 132, 1962 Wyo. LEXIS 63 (Wyo. 1962).

Am. Jur. 2d, ALR and C.J.S. references. —

56 Am. Jur. 2d Municipal Corporations §§ 28 to 43.

62 C.J.S. Municipal Corporations § 11.

§ 15-1-201. Territories which may incorporate.

Any territory, including multiple territories within one (1) mile of each other and which are connected to a common culinary water system, not included in any incorporated city or town and not ineligible for incorporation under the provisions of W.S. 15-1-411 , having a total resident population of not less than two hundred (200) persons and containing within its boundaries an area with a density of at least seventy (70) persons per square mile, may be incorporated as a town in the manner provided in this article. When territories connected to a common culinary water system are incorporated under this act, the pipelines connecting the territories shall be included in the town limits.
For purposes of this article:
1. “Census” means the census conducted pursuant to W.S. 15-1-202(a);
2. “Population” means the population as determined by the census conducted pursuant to W.S. 15-1-202(a).

History. Laws 1965, ch. 112, § 21; W.S. 1957, § 15.1-21; Laws 1980, ch. 38, § 1; 1989, ch. 6, § 1; 1999, ch. 91, § 1; 2005, ch. 138, § 1; 2009, ch. 170, § 1.

The 2005 amendment, effective July 1, 2005, rewrote the section to allow territories to incorporate if they are connected to a common culinary water supply.

The 2009 amendment, effective July 1, 2009, designated the existing language as (a) and added (b).

Editor's notes. —

Laws 2009, ch. 170, § 3, effective July 1, 2009, provides: “(a) No authority to issue any license based upon population shall be diminished by application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census.

“(b) No distribution of funding shall be diminished or increased based upon application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census. To the extent any entity's share of funding would be reduced or increased by application of this act before that time, the distribution of funds shall be administered in accordance with the provisions of law prior to the amendment or repeal of such law by this act.”

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 15-1-101(a)(xv).

Proceeding void where land included in previously incorporatedarea. —

If the election proceeding included lands already within an incorporated area, that election would be in contravention of this section and therefore illegal, invalid and completely null and void. Anderson v. Rees, 393 P.2d 807, 1964 Wyo. LEXIS 111 (Wyo. 1964).

Section covers all classes of government. —

Cities which have adopted commission form of government do not form an additional class to those authorized by art. 13, § 1, Wyo. Const. and formed under provisions of this article. State ex rel. Diers v. Sheldon, 29 Wyo. 233, 213 P. 92, 1923 Wyo. LEXIS 11 (Wyo. 1923).

§ 15-1-202. Survey, map and census; contents; affidavits.

Any person intending to apply for the incorporation of a town shall:
1. Have prepared an accurate survey and map of the territory intended to be embraced within its limits, which shall be made by a land surveyor registered under the laws of Wyoming and shall show the courses and distances of the boundaries of the territory, the quantity of land embraced and be accompanied by the affidavit of the surveyor. In preparing an accurate survey and map of the territory intended to be embraced within the town limits, a land surveyor registered under the laws of Wyoming may reference or adopt courses and distances of the boundaries of the territory from subdivision plats made by a land surveyor registered under the laws of Wyoming, platted in accordance with the provisions of W.S. 34-12-101 through 34-12-104 ;
2. Not more than forty (40) days prior to the time of presenting the application to the board of county commissioners, cause an accurate census to be taken of the resident population of the territory which shall show the name of every head of a family residing within the territory on the day the census was taken, the number of persons then belonging to every family and be accompanied by the affidavit of the census taker.

History. Laws 1965, ch. 112, §§ 22, 23; W.S. 1957, §§ 15.1-22, 15.1-23; W.S. 1977, §§ 15-1-202 , 15-1-203 ; Laws 1980, ch. 38, § 1; 2005, ch. 139, § 1.

Cross references. —

As to platting and dedicating, see §§ 34-12-101 to 34-12-115 .

The 2005 amendment, effective July 1, 2005, in (a)(i), added the last sentence.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Incorporation not invalidated by delay between filing of platand completion of proceedings. —

A delay of 23 years between the dedication and filing of the town plat and the completion of the incorporation proceedings did not invalidate the incorporation. Anderson v. Rees, 393 P.2d 124, 1964 Wyo. LEXIS 106 (Wyo.), reh'g denied, 393 P.2d 807, 1964 Wyo. LEXIS 111 (Wyo. 1964).

§ 15-1-203. Survey, map and census; examination; filing; notice.

The survey, map and census, when completed and verified, shall be left at some convenient place within the territory for not less than twenty (20) days for examination by anyone having an interest in the application. A copy of the survey, map and census shall be filed in the office of the county clerk of the county in which the territory is situated. A notice which sets forth the boundaries of the territory, the time of making application and the place where the survey, map and census may be examined shall be posted in three (3) public places in the territory.

History. Laws 1965, ch. 112, § 24; W.S. 1957, § 15.1-24; W.S. 1977, § 15-1-204 ; Laws 1980, ch. 38, § 1.

§ 15-1-204. Application; contents.

The application for incorporation shall be by petition subscribed by the applicant and not less than a majority of the electors residing within the territory proposed to be incorporated. The petition shall:
1. Set forth the boundaries and quantity of land according to the survey, the resident population according to the census and the name proposed for the city or town;
2. Have attached thereto the affidavits of not less than three (3) of the electors verifying the facts alleged;
3. Be presented to the board of county commissioners of the county in which the territory is located at the time stated in the notice of application, or as soon as possible thereafter;
4. Be accompanied by a copy of the notice required to be posted and by an affidavit showing compliance with the posting requirements.

History. Laws 1965, ch. 112, § 25; W.S. 1957, § 15.1-25; W.S. 1977, § 15-1-205 ; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Constitution not self-executing. —

Article 13, § 2, Wyo. Const., was not self-executing, and did not, without legislation to carry it into effect, by implication repeal the then existing law authorizing incorporation of towns on the application of 30 electors. State ex rel. Vidal v. Lamoureux, 3 Wyo. 731, 30 P. 243, 1892 Wyo. LEXIS 15 (Wyo. 1892).

§ 15-1-205. Application; hearing; appointment of election inspectors; duties thereof; style of ballots.

The board of county commissioners shall hear all parties interested in the application who appear and ask to be heard. If the board, after hearing, is satisfied that all the requirements of this article have been complied with and that the territory contains the required population, it shall make an order appointing three (3) inspectors.
The inspectors shall:
1. Call an election of all qualified electors residing within the territory to be held at some convenient place within its limits. The board of county commissioners shall determine the election date, which may be a date authorized under W.S. 22-21-103 or another date which is not less than thirty (30) days after the entry of the order under subsection (a) of this section;
2. Provide for a notice of the election which shall:
  1. Be published at least once a week for three (3) consecutive weeks in some newspaper published within the territory, and posted in five (5) places within the territory, with the posting and publication occurring not less than three (3) weeks prior to the election;
  2. If there is no newspaper published within the territory, be posted not less than three (3) weeks prior to the election in eight (8) public places therein;
  3. Specify the place and time of the election; and
  4. Contain a description of the limits of the proposed city or town.
3. Act as judges and clerks of the election and shall qualify as required by law for judges and clerks at city and town elections;
4. Report the result of the ballot to the board of county commissioners by filing it with the county clerk.
The ballots used at the election shall state “for incorporation” or “against incorporation”.

History. Laws 1965, ch. 112, § 26; W.S. 1957, § 15.1-26; W.S. 1977, § 15-1-206 ; Laws 1980, ch. 38, § 1; 1996, ch. 97, § 2.

§ 15-1-206. Notice of election results; filing thereof; completion date.

If a majority of the ballots cast at the election are in favor of incorporation, the county clerk, immediately after the report has been filed in his office, shall publish the result in a newspaper published within the county, or if there is none, the clerk shall post the result in five (5) public places within the limits of the proposed city or town. A copy of the notice with proof of its publication or posting shall be filed in the office of the county clerk with the other documents relating to the incorporation.
The incorporation is complete when all requirements have been complied with and officers for the city or town have been elected and qualified.

History. Laws 1965, ch. 112, § 27; W.S. 1957, § 15.1-27; W.S. 1977, § 15-1-207 ; Laws 1980, ch. 38, § 1.

§ 15-1-207. Procedure where territory to be incorporated lies within two or more counties.

If the territory to be incorporated lies within two (2) or more counties, the residents thereof may incorporate by following the procedure specified in this article, except that applications, notices, petitions, records and certificates shall be made to or by all counties within whose boundaries the territory to be incorporated lies.
If the territory to be incorporated lies within two (2) or more counties, the board of county commissioners of each county shall appoint one (1) or more of the election inspectors, or the boards of county commissioners meeting together shall appoint the election inspectors.

History. Laws 1965, ch. 112, § 28; W.S. 1957, § 15.1-28; W.S. 1977, § 15-1-208; Laws 1980, ch. 38, § 1.

Article 3. Public Lands

§§ 15-1-301 through 15-1-312. [Repealed.]

Repealed by Laws 1984, ch. 15, § 2.

Editor's notes. —

These sections, which derived from Laws 1965, ch. 112, §§ 35 to 38, 40 to 46, related to public lands.

Article 4. Annexation; Determination of Boundaries; Addition and Exclusionof Land

Cross references. —

As to power of cities and towns to establish and maintain zoological gardens within or without the corporate limits, see § 15-1-103 .

As to territories which may incorporate as towns, see § 15-1-201 .

As to agreements by cities and towns for extension of water systems, see § 15-7-601 .

As to extension of water systems beyond corporate limits of city, see § 15-7-602 .

For provisions that all maps, plats, plans or designs necessary to be filed in all city or town offices shall be made and certified by a professional engineer or land surveyor, see § 33-29-139.

As to platting and dedications generally, see §§ 34-12-101 to 34-12-115 .

For duty of city or village annexing sanitary and improvement districts to assume and pay the bonds and other obligations outstanding at the time of annexation, see § 35-3-114 .

Am. Jur. 2d, ALR and C.J.S. references. —

56 Am. Jur. 2d Municipal Corporations §§ 41 to 43, 51 to 96, 532 to 559.

Capacity to attack the fixing or extension of municipal limits or boundary, 13 ALR2d 1279.

Proper remedy or procedure for attacking legality of proceedings annexing territory to municipal corporation, 18 ALR2d 1255.

What land is contiguous or adjacent to municipality so as to be subject to annexation, 49 ALR3d 589.

Right of one governmental subdivision to challenge annexation proceedings by another such subdivision, 17 ALR5th 195.

Refusal of municipality to annex impoverished area as violative of federal law, 22 ALR Fed 272.

62 C.J.S. Municipal Corporations § 44 et seq.

§ 15-1-401. Definitions.

As used in this article:
1. “Business day” means any day other than Saturday, Sunday or legal holiday as established by the annexing municipality;
2. “Landowner” means the owner of real property in the territory proposed to be annexed who in the last calendar year was liable for a property tax thereon or was exempt by law from the payment of taxes on the property. Anyone having a right to purchase land under a written contract is the owner of that land for annexation purposes. For purposes of W.S. 15-1-402 , 15-1-404 and 15-1-405 “landowner” shall include persons owning property which, as a result of the proposed annexation would then be brought within one-half (1/2) mile of the corporate limits of a city which has exercised the authority granted under W.S. 15-3-202(b)(ii);
3. “Petition” means a legibly written document.

History. Laws 1965, ch. 112, § 54; W.S. 1957, § 15.1-54; W.S. 1977, § 15-1-501 ; Laws 1980, ch. 38, § 1; 1997, ch. 158, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Applicability for purposes of challenging annexation. —

Even though adjoining landowners were not included in Wyo. Stat. Ann. § 15-1-409 by virtue of the definition of landowner under Wyo. Stat. Ann. § 15-1-401(a)(ii), they still had standing to challenge the annexation of property pursuant to Wyo. Stat. Ann. § 1-37-103 of the Uniform Declaratory Judgments Act because they had an interest in the annexation, given that the annexation brought the landowners' property under the city's control, and the annexation facilitated the annexation of the landowners' property. Cox v. City of Cheyenne, 2003 WY 146, 79 P.3d 500, 2003 Wyo. LEXIS 177 (Wyo. 2003).

§ 15-1-402. Annexing territories; findings required; when contiguity not deemed affected; annexation report.

Before any territory is eligible for annexation, the governing body of any city or town at a hearing as provided in W.S. 15-1-405 shall find that:
1. An annexation of the area is for the protection of the health, safety and welfare of the persons residing in the area and in the city or town;
2. The urban development of the area sought to be annexed would constitute a natural, geographical, economical and social part of the annexing city or town;
3. The area sought to be annexed is a logical and feasible addition to the annexing city or town and the extension of basic and other services customarily available to residents of the city or town shall, within reason, be available to the area proposed to be annexed;
4. The area sought to be annexed is contiguous with or adjacent to the annexing city or town, or the area meets the requirements of W.S. 15-1-407 ;
5. If the city or town does not own or operate its own electric utility, its governing body is prepared to issue one (1) or more franchises as necessary to serve the annexed area pursuant to W.S. 15-1-410 ; and
6. The annexing city or town, not less than twenty (20) business days prior to the public hearing required by W.S. 15-1-405 (a), has sent by certified mail to all landowners and affected public utilities within the territory a summary of the proposed annexation report as required under subsection (c) of this section and notice of the time, date and location of the public hearing required by W.S. 15-1-405(a).
Contiguity will not be adversely affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way, a lake, stream, reservoir or other natural or artificial waterway located between the annexing city or town and the land sought to be annexed.
An annexing municipality shall prepare a proposed annexation report as specified in this subsection. The report shall, at a minimum, contain:
1. A map of the area proposed to be annexed showing identifiable landmarks and boundaries and the area which will, as a result of the annexation then be brought within one-half (1/2) mile of the new corporate limits of the city, if it has exercised the authority granted under W.S. 15-3-202(b)(ii);
2. The total estimated cost of infrastructure improvements required of all landowners by the annexing municipality related to the annexation;
3. A list of basic and other services customarily available to residents of the city or town and a timetable when those services will reasonably be available to the area proposed to be annexed;
4. A projected annual fee or service cost for services described in paragraph (iii) of this subsection;
5. The current and projected property tax mill levies imposed by the municipality; and
6. The cost of infrastructure improvements required within the existing boundaries of the municipality to accommodate the proposed annexation.
For annexations initiated under W.S. 15-1-403 , the city or town may collect the cost of preparing the proposed annexation report from the petitioning landowners.
Before any territory is eligible for annexation the governing body shall prepare for each landowner and affected public utility so requesting in writing, the estimated cost of infrastructure improvements required of the landowner and affected public utility related to the annexation. The request shall be made to the clerk of the annexing municipality not less than ten (10) days prior to the public hearing required by W.S. 15-1-405(a). The estimate shall be provided to the landowner and affected public utility prior to the hearing.

History. Laws 1965, ch. 112, § 55; W.S. 1957, § 15.1-55; W.S. 1977, § 15-1-502 ; Laws 1980, ch. 38, § 1; 1989, ch. 198, § 1; 1997, ch. 158, § 2; 2001, ch. 68, § 1; 2003, ch. 65, § 1.

Standing. —

When neighbors of a parcel proposed for annexation to a city contested the validity of the city's ordinance approving the annexation under this section, the neighbors could only seek a declaratory judgment under Wyo. Stat. Ann. § 1-37-103 , contesting the ordinance's validity, because the neighbors owned no land in the parcel proposed for annexation or the city. BJ Hough, LLC v. City of Cheyenne, 2012 WY 140, 287 P.3d 761, 2012 Wyo. LEXIS 146 (Wyo. 2012).

Administrative procedures inapplicable. —

The determinations required by this section do not resolve legal rights, duties or privileges so as to make applicable the Scarlett v. Town Council, 463 P.2d 26, 1969 Wyo. LEXIS 173 (Wyo. 1969).

State legislatures may alter or change corporate boundaries, annexing or detaching territory as they will, with or without the consent of the inhabitants, subject only to constitutional limitations. Scarlett v. Town Council, 463 P.2d 26, 1969 Wyo. LEXIS 173 (Wyo. 1969).

Constitutional rights ordinarily not invaded. —

The fixing of territorial boundaries of a municipal corporation will not ordinarily constitute an invasion of federal constitutional rights. Scarlett v. Town Council, 463 P.2d 26, 1969 Wyo. LEXIS 173 (Wyo. 1969).

Mere act of annexation does not take away property from an owner nor affect his private right. It may bring it into another jurisdiction, and affect the civil relation of the owner towards the public, but, as between individual and individual, his rights will remain equal with others under the same circumstances. Scarlett v. Town Council, 463 P.2d 26, 1969 Wyo. LEXIS 173 (Wyo. 1969).

No one has a vested right to be either included or excluded from a local governmental unit. Scarlett v. Town Council, 463 P.2d 26, 1969 Wyo. LEXIS 173 (Wyo. 1969).

But municipal corporations are bound by restrictions placed upon them by legislature in making annexations. Scarlett v. Town Council, 463 P.2d 26, 1969 Wyo. LEXIS 173 (Wyo. 1969).

Prerequisites to adoption of annexation ordinance. —

Following the hearing, where necessary, in a proceeding initiated by petition or in a proceeding initiated by the city or town itself, § 15-1-406 provides that if the governing body finds that the conditions prescribed by this section exist and the required procedures met, an ordinance shall be adopted annexing the territory involved. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Boundaries of annexed area must be definitely fixed by a legal description. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Fulfillment of requirements. —

The requirements under subsection (a)(iii) that the “area sought to be annexed is a logical and feasible addition to the annexing … town and that the extension of basic services … can reasonably be furnished to the area proposed to be annexed” are fulfilled at least in part by a showing that certain services had been previously furnished and were feasible. Scarlett v. Town Council, 463 P.2d 26, 1969 Wyo. LEXIS 173 (Wyo. 1969).

Only requirement with respect to scope and extent of area to be annexed is that it must be contiguous to the annexing city or town. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Size and shape of the area to be annexed is a political question. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Neither general law nor statute requires that an area proposed for annexation to a city or town be of any particular size or shape. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Courts are not concerned with wisdom or expediency of altering boundaries of a city or town by annexation. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Determination of question of arbitrary or unreasonable action by city council is largely factual and dependent upon the facts and circumstances presented in each proceeding, keeping in mind that each relevant factor is to be considered and weighed along with other relevant factors and with no single factor a legal absolute in the sense that it is conclusive. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Reasonableness of action taken by governing body is presumed, and the burden is on the landowner attacking the ordinance on that basis clearly to show by substantial evidence that such action was unreasonable. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Where evidence of compliance found. —

Where there was substantial evidence of the council's compliance with the provisions of this article, particularly with this section and § 15-1-409 , the judgment of the trial court was adequately supported. Scarlett v. Town Council, 463 P.2d 26, 1969 Wyo. LEXIS 173 (Wyo. 1969).

Applied in

Cox v. City of Cheyenne, 2003 WY 146, 79 P.3d 500, 2003 Wyo. LEXIS 177 (Wyo. 2003).

Cited in

Town of Wheatland v. Allison, 577 P.2d 1006, 1978 Wyo. LEXIS 288 (Wyo. 1978).

§ 15-1-403. Annexing territories; initiation of proceedings; by landowners' petition; validity of signatures; determinations.

The proceedings for annexation of eligible territory may be initiated by a written petition filed with the clerk of the city or town to which annexation of the territory is proposed, after compliance with the following conditions and procedures:
1. The petition is signed and dated by a majority of the landowners owning a majority of the area sought to be annexed, excluding public streets and alleys and tax exempt property;
2. The petition contains the following detailed information:
  1. A legal description of the area sought to be annexed;
  2. A request that the described territory be annexed;
  3. A statement that each signer is an owner of land and a description of his land within the area proposed to be annexed; and
  4. A map of the area.
No signature on the petition is valid if it is dated more than one hundred eighty (180) days prior to the date of filing the petition with the clerk. No person signing a petition for annexation may withdraw his signature from the petition after it has been filed with the clerk.
The clerk shall within ten (10) days from the date the petition is filed, determine if the petition substantially complies with this article.
If the petition complies, the clerk shall certify compliance, and the procedure outlined in W.S. 15-1-402 , 15-1-405 and 15-1-406 shall then be followed. If it does not comply the petitioner shall be notified that no further action will be taken on the petition until compliance is made.

History. Laws 1965, ch. 112, § 56; W.S. 1957, § 15.1-56; W.S. 1977, § 15-1-503 ; Laws 1980, ch. 38, § 1; 1997, ch. 158, § 2; 2003, ch. 65, § 1.

Statutes prescribe several methods of procedure for initiatingannexation proceedings. —

This section prescribes the procedure to be followed in a proceeding initiated by landowners of an area proposed to be annexed. Section 15-1-404 prescribes a procedure whereby the governing body of the city or town may of its own volition initiate the proceeding by resolution and proceed with a hearing upon the matter if minimum compliance as prescribed by § 15-1-402 is shown. A third method prescribed by § 15-1-407 , insofar as landowners are concerned, permits annexation without the necessity of a resolution or public hearing in the event the owner or owners of all of the area sought to be annexed petition the city or town to annex such area. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Section 15-1-407 provides for an annexation method that does not require identifying “landowners” or applying the petition compliance procedures found in this section, but forgoes those procedures and chooses instead to solely rely upon the requirement that the ordinance provide a statement that all owners of the territory have signed a petition requesting annexation; an annexation ordinance that fails to comply with this requirement would be subject to district court review and could be declared void under § 15-1-409(b). Kroenlein v. Eddington, 2001 WY 115, 35 P.3d 1207, 2001 Wyo. LEXIS 141 (Wyo. 2001).

Description in petition should be sufficient to ascertain territory sought to be annexed. Miller v. Mills, 590 P.2d 378, 1979 Wyo. LEXIS 360 (Wyo. 1979).

Map defining area sufficient. —

Where the petition does not contain a proper “legal” description of the entire area, but a map defining the area to be annexed, which is attached to the petition, this is sufficient. Miller v. Mills, 590 P.2d 378, 1979 Wyo. LEXIS 360 (Wyo. 1979).

Sufficiency of signatures must be tested when petition is signed and filed with the appropriate official and not at some other and later time. Miller v. Mills, 590 P.2d 378, 1979 Wyo. LEXIS 360 (Wyo. 1979).

Compliance with dating requirement. —

Where each page of petition is dated and there is no showing that the dates are either incorrect or the method of dating faulty, the dating requirement has been complied with. Miller v. Mills, 590 P.2d 378, 1979 Wyo. LEXIS 360 (Wyo. 1979).

Jurisdiction vests in the town when the petition is filed, and neither the town's deletion of land nor the constructive withdrawal of the petitioners' names can affect the integrity of the petition for purposes of determining the town's jurisdiction to act thereon. Miller v. Mills, 590 P.2d 378, 1979 Wyo. LEXIS 360 (Wyo. 1979).

Prerequisites to adoption of annexation ordinance. —

Following the hearing, where necessary, in a proceeding initiated by petition or in a proceeding initiated by the city or town itself, § 15-1-406 provides that if the governing body finds that the conditions prescribed by § 15-1-402 exist and the required procedures met, an ordinance shall be adopted annexing the territory involved. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Standard of review on appeal. —

Before the supreme court can declare the ordinance of annexation void, it has to find the landowners' petition to be so irregular and defective that, pitted against a standard of minimum compliance, the town council's exercise of its discretion amounted to arbitrary and capricious action. Miller v. Mills, 590 P.2d 378, 1979 Wyo. LEXIS 360 (Wyo. 1979).

Word “minimum,” for purposes of deciding whether the landowner's petition meets the statutory mandate of minimum compliance, is defined as the least quantity assignable, admissible or possible in a given case — opposed to “maximum.” Miller v. Mills, 590 P.2d 378, 1979 Wyo. LEXIS 360 (Wyo. 1979).

§ 15-1-404. Annexing territories; initiation of proceedings; by governing bodies; determination.

The governing body of any city or town may initiate proceedings to annex territory by the following procedure:
1. Reasonable evidence shall be procured by the governing body indicating that a specific area meets the conditions and limitations of W.S. 15-1-402 ;
2. The governing body shall:
  1. Cause to be prepared a legal description, a listing of the current mailing address of each landowner as shown in the records of the county assessor and a map showing identifiable landmarks and boundaries of the area considered for annexation and the area which will, as a result of the annexation then be brought within one-half (1/2) mile of the new corporate limits of the city, if it has exercised the authority granted under W.S. 15-3-202(b)(ii);
  2. Determine if the area considered for annexation complies with W.S. 15-1-402 ;
  3. Prepare a proposed annexation report as required by W.S. 15-1-402(c);
  4. Prepare for each landowner or public utility so requesting in writing, the foreseeable changes to zoning, animal control and other health and safety requirements requiring immediate compliance by the landowner or public utility at the time of annexation. The request shall be made to the clerk of the annexing municipality not less than ten (10) days prior to the public hearing required under W.S. 15-1-405(a). The foreseeable changes shall be provided to the landowner or public utility prior to the hearing.
If the area complies with W.S. 15-1-402 , the governing body shall adopt a resolution certifying compliance, and the procedure outlined in W.S. 15-1-405 and 15-1-406 shall then be followed. If the area does not comply, no further action shall be taken on the proposed annexation.

History. Laws 1965, ch. 112, § 57; W.S. 1957, § 15.1-57; W.S. 1977, § 15-1-504 ; Laws 1980, ch. 38, § 1; 1995, ch. 196, § 1; 1997, ch. 158, §§ 2, 4.

Statutes prescribe several methods of procedure for initiatingannexation proceedings. —

Section 15-1-403 prescribes the procedure to be followed in a proceeding initiated by landowners of an area proposed to be annexed. This section prescribes a procedure whereby the governing body of the city or town may of its own volition initiate the proceeding by resolution and proceed with a hearing upon the matter if minimum compliance as prescribed by § 15-1-402 is shown. A third method prescribed by § 15-1-407 , insofar as landowners are concerned, permits annexation without the necessity of a resolution or public hearing in the event the owner or owners of all of the area sought to be annexed petition the city or town to annex such area. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Prerequisites to adoption of annexation ordinance. —

Following the hearing, where necessary, in a proceeding initiated by petition or in a proceeding initiated by the city or town itself, § 15-1-406 provides that if the governing body finds that the conditions prescribed by § 15-1-402 exist and the required procedures met, an ordinance shall be adopted annexing the territory involved. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Applied in

Cox v. City of Cheyenne, 2003 WY 146, 79 P.3d 500, 2003 Wyo. LEXIS 177 (Wyo. 2003).

Cited in

Town of Marbleton v. Town of Big Piney, 719 P.2d 1389, 1986 Wyo. LEXIS 564 (Wyo. 1986).

§ 15-1-405. Annexing territories; public hearing required; notice thereof.

In any annexation proceeding the governing body shall establish a date, time and place for a public hearing to determine if the proposed annexation complies with W.S. 15-1-402 . The hearing shall be held not less than thirty (30) days nor more than one hundred eighty (180) days after the petition has been certified to be complete.
The clerk shall give notice of the public hearing by publishing a notice at least twice in a newspaper of general circulation in the territory sought to be annexed. The first notice shall be given at least fifteen (15) business days prior to the date of the public hearing. The notice shall contain a location map which includes identifiable landmarks and boundaries of the area sought to be annexed and the area which will, as a result of the annexation then be brought within one-half (1/2) mile of the new corporate limits of the city, if it has exercised the authority granted under W.S. 15-3-202(b)(ii). The notice shall include a summary of the proposed annexation report prepared pursuant to W.S. 15-1-402(c). Upon written request to the clerk of the annexing municipality, the clerk shall provide a legal description of the area and the names of the persons owning property within the area.

History. Laws 1965, ch. 112, § 58; W.S. 1957, § 15.1-58; W.S. 1977, § 15-1-505 ; Laws 1980, ch. 38, § 1; 1997, ch. 158, § 2; 2001, ch. 68, § 1; 2003, ch. 65, § 1.

Prerequisites to adoption of annexation ordinance. —

Following the hearing, where necessary, in a proceeding initiated by petition or in a proceeding initiated by the city or town itself, § 15-1-406 provides that if the governing body finds that the conditions prescribed by § 15-1-402 exist and the required procedures met, an ordinance shall be adopted annexing the territory involved. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Standard of review on appeal. —

Applied in

Cox v. City of Cheyenne, 2003 WY 146, 79 P.3d 500, 2003 Wyo. LEXIS 177 (Wyo. 2003).

§ 15-1-406. Annexing territories; annexation ordinance; objections; exception; prohibition.

If after the hearing the governing body finds that the conditions required by W.S. 15-1-402 exist and that the required procedures have been met, it shall by ordinance annex the territory. Upon completion of annexation procedures, the clerk of the annexing municipality shall file with the county clerk a map of the area to be annexed and a copy of the ordinance approved by the governing body of the annexing municipality.
If more than fifty percent (50%) of the landowners, or if a landowner or landowners owning more than fifty percent (50%) of the area to be annexed file written objections with the clerk of the annexing municipality within twenty (20) business days after the hearing under W.S. 15-1-405(a) no further action under W.S. 15-1-404 may be taken on any area within the proposed annexation within two (2) years.
If seventy-five percent (75%) or more of the perimeter of the area to be annexed is contiguous to the corporate limits of the annexing city or town, the provisions of subsection (b) of this section do not apply.
No annexation under W.S. 15-1-404 shall create an area which is situated entirely within the boundaries of the city or town but is not annexed.

History. Laws 1965, ch. 112, § 59; W.S. 1957, § 15.1-59; W.S. 1977, § 15-1-506 ; Laws 1980, ch. 38, § 1; 1993, ch. 14, § 1; 1997, ch. 158, § 2.

Standard of review on appeal. —

§ 15-1-407. Annexing territories; when notice and public hearing not necessary; statement required.

If the city is the sole owner of any territory whether or not contiguous that it desires to annex, the governing body, by ordinance, may annex the territory to the city or town without notice or public hearing as provided in W.S. 15-1-405 and without preparing the annexation report or providing the estimates required by W.S. 15-1-402(c) and (e) and 15-1-404(a)(ii)(C) and (D). All ordinances annexing territory without notice and public hearing shall contain a statement that the territory is solely owned by the petitioning city or town.

History. Laws 1965, ch. 112, § 60; W.S. 1957, § 15.1-60; W.S. 1977, § 15-1-507 ; Laws 1980, ch. 38, § 1; 1997, ch. 158, § 2; 2001, ch. 68, § 1.

Cross references. —

As to vacation of parks, playgrounds and recreational areas and subsequent disposal of such property in cities and towns generally, see §§ 15-7-301 to 15-7-305 .

For authority of cities and towns to borrow money or issue bonds for, among other purposes, acquiring recreational facilities, see § 15-7-103 .

As to acquisition and operation of recreational systems by municipalities and other legal subdivisions, see §§ 18-9-201 , 18-9-202 .

Statutes prescribe several methods of procedure for initiatingannexation proceedings. —

Section 15-1-403 prescribes the procedure to be followed in a proceeding initiated by landowners of an area proposed to be annexed. Section 15-1-404 prescribes a procedure whereby the governing body of the city or town may of its own volition initiate the proceeding by resolution and proceed with a hearing upon the matter if minimum compliance as prescribed by § 15-1-402 is shown. A third method prescribed by this section prior to the 2001 amendment permits annexation without the necessity of a resolution or public hearing in the event the owner or owners of all of the area sought to be annexed petition the city or town to annex such area. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Wyo. Stat. Ann. § 15-1-407 provides for an annexation method that does not require identifying “landowners” or applying the petition compliance procedures found in § 15-1-403 , but foregoes those procedures and chooses instead to solely rely upon the requirement that the ordinance provide a statement that all owners of the territory have signed a petition requesting annexation; an annexation ordinance that fails to comply with this requirement would be subject to district court review and could be declared void under § 15-1-409(b). Kroenlein v. Eddington, 2001 WY 115, 35 P.3d 1207, 2001 Wyo. LEXIS 141 (Wyo. 2001).

§ 15-1-408. Annexing territories; effective dates.

The annexation of any territory is effective upon publication of the ordinance, unless another date is specified in the ordinance. The effective date of the annexation ordinance shall not be less than twenty (20) business days after the public hearing required by W.S. 15-1-405(a). For purposes of real and personal property taxation, the annexation is not effective until January 1 next following the effective date of the ordinance. If an appeal is filed and perfected by a person other than a utility, the effective date is January 1 next following the court’s final decision of the matter. If an appeal of the franchise decision is filed and perfected by a utility, the annexation is effective upon the publication of the ordinance unless another date is specified in the ordinance, but the appealing utility shall be permitted to continue its present service in the annexed area until the court’s final decision of the matter.

History. Laws 1965, ch. 112, § 61; W.S. 1957, § 15.1-61; W.S. 1977, § 15-1-508 ; Laws 1980, ch. 38, § 1; 1997, ch. 158, § 2.

§ 15-1-409. Annexing territories; appeal; determination; time for review; exclusiveness of appeal remedy.

If any landowner in the territory proposed to be annexed or any owner of real property in the annexing city or town, or utility is aggrieved by the acts of the governing body, he may appeal to the district court for a review of the acts or findings thereof.
If the court determines that the action taken was capricious or arbitrary, or if it appears from the evidence that the landowner’s right in his property is being unwarrantedly invaded or that the governing body abused its discretion, the court shall declare the annexing ordinance void. If the court determines the action of the governing body was proper and valid, it shall sustain the ordinance.
All proceedings to review the findings and the decisions of the governing body or actions to determine the validity of the annexation ordinance pursuant to the Uniform Declaratory Judgments Act shall be brought within sixty (60) days of the effective date of the annexation ordinance, and if not brought within that time are forever barred.

History. Laws 1965, ch. 112, § 62; W.S. 1957, § 15.1-62; W.S. 1977, § 15-1-509 ; Laws 1980, ch. 38, § 1; 1997, ch. 158, § 2; 2004, ch. 59, § 1.

The 2004 amendment, effective June 1, 2004, in (c), inserted “or actions to determine the validity of the annexation ordinance pursuant to the Uniform Declaratory Judgments Act” after “the decisions of the governing body,” and substituted “sixty (60) days” for “ten (10) days.”

Uniform Declaratory Judgments Act. —

See title 1, ch. 37.

Prospective operation. —

Laws 2004, ch. 59, § 2, provides: “This act shall not affect any litigation pending in a court in this state prior to June 1, 2004.”

Section expresses general rule recognized by courts. —

This section grants the right of appeal to the district court by an aggrieved landowner directly affected by an annexation proceeding and, among other things, charging that the action of the governing body of a city or town was arbitrary, capricious or an abuse of discretion. This section expresses the rule generally recognized by the courts. In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969).

Statutes prescribe several methods of procedure for initiating annexation proceedings. —

Section 15-1-407 , provides for an annexation method that does not require identifying “landowners” or applying the petition compliance procedures found in § 15-1-403 ; it foregoes those procedures and chooses instead to solely rely upon the requirement that the ordinance provide a statement that all owners of the territory have signed a petition requesting annexation but an annexation ordinance that fails to comply with this requirement would be subject to district court review and could be declared void under subsection (b) of this section. Kroenlein v. Eddington, 2001 WY 115, 35 P.3d 1207, 2001 Wyo. LEXIS 141 (Wyo. 2001).

Non-annexing town, not owning property to be annexed, lacks standing. —

Town lacked standing, either express or implied, to challenge an annexation, where it was neither an owner of the property to be annexed nor a landowner in the annexing town. Town of Marbleton v. Town of Big Piney, 719 P.2d 1389, 1986 Wyo. LEXIS 564 (Wyo. 1986).

Standard of review on appeal to supreme court. —

Standing of resident property owners. —

Subsection (a) provides standing to resident property owners if they are aggrieved by the acts of the governing body because of a failure to comply with the annexation statutes. Kroenlein v. Eddington, 2001 WY 115, 35 P.3d 1207, 2001 Wyo. LEXIS 141 (Wyo. 2001).

Standing of adjoining landowners. —

Landowner defined. —

The definition of landowner provided in Wyo. Stat. Ann. § 15-1-401(a)(ii) includes in some instances those whose land after the annexation would be within 1/2 mile of the city limits and expressly states that the expanded definition of landowner applies for the purposes of Wyo. Stat. Ann. §§ 15-1-402 , 15-1-404 , 15-1-405 . The expanded definition including those within 1/2 mile of the city limits after annexation does not apply to Wyo. Stat. Ann. § 15-1-409 .Cox v. City of Cheyenne, 2003 WY 146, 79 P.3d 500, 2003 Wyo. LEXIS 177 (Wyo. 2003).

Statute of limitations. —

The 10-day (now 60-day) statute of limitations in this section applies to those landowners granted specific notice and a right of review; it does not apply to adjoining landowners who bring a declaratory action to challenge the validity of an annexation ordinance. Cox v. City of Cheyenne, 2003 WY 146, 79 P.3d 500, 2003 Wyo. LEXIS 177 (Wyo. 2003).

Judicial review. —

The judicial review role in an annexation proceeding is limited to determining whether, in exercising discretion, the governing body has acted capriciously or arbitrarily, the landowner's right in his property has been unwarrantedly invaded, or that the governing body has abused its discretion; a review of whether the governing body has acted arbitrarily or capriciously would necessarily include reviewing whether the governing body's action was illegal, fraudulent, or a clear abuse of authority. Kroenlein v. Eddington, 2001 WY 115, 35 P.3d 1207, 2001 Wyo. LEXIS 141 (Wyo. 2001).

Where evidence of compliance found. —

Where there was substantial evidence of the council's compliance with the provisions of this article, particularly with § 15-1-402 and this section, the judgment of the trial court was adequately supported. Scarlett v. Town Council, 463 P.2d 26, 1969 Wyo. LEXIS 173 (Wyo. 1969).

§ 15-1-410. Annexing territories; extension of laws and rights; extension of public utility service.

The territory and inhabitants of any annexed area are subject to all the laws, ordinances, rules and regulations of the city or town to which they are annexed and are entitled to all the rights, privileges and franchises or other services afforded the inhabitants thereof. The services shall be provided in accordance with the timetable provided pursuant to W.S. 15-1-402(c)(iii). Notwithstanding any other provision of law, no law, ordinance, rule or regulation of a municipality annexing property under W.S. 15-1-404 shall restrict the continuous use of the property by a current or subsequent owner of an interest in the property, if the use was existing at any time within the year prior to the date of annexation and was lawful at the time the property was annexed. For purposes of this subsection, a use which has been discontinued for any one (1) year period after the date of annexation shall not be considered continuous and shall not thereafter be reestablished unless in conformance with current law, ordinance, rule or regulation.
The governing body of the annexing municipality shall, within thirty (30) days after the date of the annexation, give written notice of the annexation to all public electric utilities presently providing service within the annexed area and, except in the case of an annexing municipality which owns or operates its own electric utility, any area adjacent to the annexed area. Except in the case of an annexing municipality which owns or operates its own electric utility, any of those public utilities required to be notified may, within sixty (60) days after the date of annexation, petition the governing body of the annexing city or town for a franchise to serve additional portions within the annexed area or the entire annexed area. Except in the case of a municipality which owns or operates its own electric utility, any petitioning utility which does not currently hold a certificate of public convenience and necessity for the annexed area shall petition the public service commission for a certificate to include the annexed area, and if two (2) or more public electric utilities have been granted or are seeking a certificate of public convenience and necessity to serve the annexed area, the public service commission shall determine, following a hearing, which utility or utilities should be certificated in the public interest to provide service to the annexed area. No recipient of a certificate of public convenience and necessity shall serve any portion of the annexed area without the consent of the governing body of the annexing city or town and provided that the entire annexed area is served under one (1) or more certificates of public convenience and necessity.
Except in the case of an annexing municipality which owns or operates its own electric utility, the governing body of the annexing municipality shall hold an appropriate public hearing and, upon determining that one (1) or more petitioning public utilities can meet the terms and conditions of a franchise, issue franchises to one (1) or more utilities to serve portions of or the entire annexed area.
Notwithstanding any other provision of law, nothing contained in this section shall limit the right of a municipality which owns or operates its own electric utility to extend its electric service into any area annexed by the municipality, and nothing contained in this section shall subject any such municipality to the jurisdiction of the public service commission.

History. Laws 1965, ch. 112, § 63; W.S. 1957, § 15.1-63; W.S. 1977, § 15-1-510 ; Laws 1980, ch. 38, § 1; 1989, ch. 198, § 1; 1997, ch. 158, § 2.

Interest in annexation found. —

Adjoining landowners had standing to bring a declaratory judgment action regarding a municipal ordinance annexing certain property because, among other things, the annexation brought their land within the city's control and, should annexation occur, additional restrictions such as continual use to maintain the “grandfather” status created an interest in the annexation. Cox v. City of Cheyenne, 2003 WY 146, 79 P.3d 500, 2003 Wyo. LEXIS 177 (Wyo. 2003).

Extension of utility into annexed territory without franchise.—

When new territory is brought into a city, its ordinances and any pertinent state statutes immediately go into effect in the new area it has annexed, but until such time as a private utility receives a franchise from the city, it is not entitled to extend its service to other than those of its customers or members served at the time of annexation. Tri-County Elec. Ass'n v. Gillette, 584 P.2d 995, 1978 Wyo. LEXIS 227 (Wyo. 1978).

Cited in

Tri-County Elec. Ass'n v. City of Gillette, 525 P.2d 3, 1974 Wyo. LEXIS 226 (Wyo. 1974); Town of Wheatland v. Allison, 577 P.2d 1006, 1978 Wyo. LEXIS 288 (Wyo. 1978).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of municipal bond issue as against owners of property annexation of which to municipality became effective after date of election at which issue was approved by voters, 10 ALR2d 559.

What zoning regulations are applicable to territory annexed to a municipality, 41 ALR2d 1463.

§ 15-1-411. Incorporation of territory within potential urban area.

All territory within one (1) mile of an incorporated city or town, as it now exists or may hereafter be established, is potentially an urban area. No territory within a potential urban area may be incorporated as a city or town unless the governing body of the city or town causing the potential urbanized area to exist, by resolution, approves the proposed incorporation.

History. Laws 1965, ch. 112, § 64; W.S. 1957, § 15.1-64; W.S. 1977, § 15-1-511 ; Laws 1980, ch. 38, § 1.

Interest where annexation brings property within city's control.—

Adjoining landowners had standing to bring a declaratory judgment action regarding a municipal ordinance annexing certain property because, among other things, the annexation brought their land within the city's control under this section. Cox v. City of Cheyenne, 2003 WY 146, 79 P.3d 500, 2003 Wyo. LEXIS 177 (Wyo. 2003).

Authority to disapprove proposed subdivision within one mileof city limits. —

City had authority to approve or disapprove a proposed subdivision because it was within one mile of the city's limits pursuant to Wyo. Stat. Ann. § 34-12-103 and Wyo. Stat. Ann. § 15-1-411 ; also, property owners did not point to any law establishing that the city had a ministerial duty that was plainly defined and required by law such that mandamus relief was warranted. Gose v. City of Douglas, 2008 WY 126, 193 P.3d 1159, 2008 Wyo. LEXIS 129 (Wyo. 2008), overruled in part, Brown v. City of Casper, 2011 WY 35, 248 P.3d 1136, 2011 Wyo. LEXIS 36 (Wyo. 2011).

Quoted in

In re West Laramie, 457 P.2d 498, 1969 Wyo. LEXIS 149 (Wyo. 1969); Town of Marbleton v. Town of Big Piney, 719 P.2d 1389, 1986 Wyo. LEXIS 564 (Wyo. 1986).

§ 15-1-412. When written consent of landowners required for annexation; exception.

No tract of land or any part thereof, whether consisting of one (1) parcel or two (2) or more contiguous parcels owned by one (1) landowner or owned jointly by two (2) or more landowners as cotenants, which comprises forty (40) acres or more and which together with the buildings or improvements situated thereon has an assessed valuation in excess of forty thousand dollars ($40,000.00) as of the current assessment for property tax purposes, may be annexed without the written consent of the landowner or landowners, unless the tract of land is situated entirely within the boundaries of the annexing city or town.

History. Laws 1965, ch. 112, § 65; W.S. 1957, § 15.1-65; W.S. 1977, § 15-1-512 ; Laws 1980, ch. 38, § 1.

§ 15-1-413. Survey of boundaries; when and how to be made; presumption once recorded.

If the boundaries of any city or town are uncertain or incapable of ascertainment and upon the change in boundaries of any city or town pursuant to any annexation under this chapter, the governing body, by ordinance, shall provide for a survey thereof. When the survey is made, the boundaries shall be marked by substantial monuments, and the person making the survey shall report to the governing body describing the boundaries by metes and bounds. The description as nearly as possible shall refer, if upon surveyed lands, to the corners or lines of the United States surveys. The person making the survey shall also file with the city or town clerk the field notes of his survey. The city or town clerk shall then file a copy of the report and a copy of the field notes certified by the mayor and clerk with the county clerk for the county in which the city or town is located.
Any survey made and recorded as provided in subsection (a) of this section is presumptive of the boundaries of the city or town, and any copy thereof certified by the county clerk shall be received in evidence in any court of this state.
The city or town clerk shall file a copy of an official map or legal description designating the geographical boundaries of the city or town or the changes to its geographical boundaries with the department of revenue, the county assessor and the county clerk in the county or counties within which the city or town is located in accordance with the department’s rules adopted pursuant to W.S. 39-11-102(c)(xxiv) regarding tax districts, with any special district affected by the boundary change and as follows:
1. Within ten (10) days after the effective date of formation; and
2. Within thirty (30) days if a city or town has changes to its geographical boundaries by annexation or de-annexation.

History. Laws 1965, ch. 112, §§ 66, 68; W.S. 1957, §§ 15.1-66, 15.1-68; W.S. 1977, §§ 15-1-513, 15-1-515; Laws 1980, ch. 38, § 1; 1997, ch. 158, § 2; 2005, ch. 108, § 2; 2007, ch. 28, § 1; 2010, ch. 69, § 207.

The 2005 amendment, added (c).

Laws 2005, ch. 108, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2005.

The 2007 amendment, effective July 1, 2007, in (a) in the first sentence, inserted “and upon the change in boundaries of any city or town pursuant to any annexation under this chapter,”, substituted “shall” for “may”, and deleted “or perambulation, in the second sentence, substituted “When” for “If” and deleted “or perambulation”; in (c) inserted “, with any special district affected by the boundary change” preceding “and as follows:”; in (c)(ii) substituted “Within thirty (30) days” for “Annually, by a date determined by the department”; and deleted “in the preceding year” at the end.

The 2010 amendment, effective July 1, 2010, in (b), substituted “Any survey made” for “Any survey or perambulation made.”

§ 15-1-414. Survey of boundaries; oath required; filing thereof.

Any person making the survey who is not an officer of the city or town, before entering upon the work, shall subscribe an oath to:
1. Faithfully, diligently and to the best of his ability make the survey;
2. Make field notes and report accurately the results of the survey and the description of the boundaries.
The oath shall be filed with the city or town clerk and a copy thereof shall be attached to the certificate filed with the county clerk.

History. Laws 1965, ch. 112, § 67; W.S. 1957, § 15.1-67; W.S. 1977, § 15-1-514; Laws 1980, ch. 38, § 1; 1997, ch. 158, § 2; 2007, ch. 28, § 1.

The 2007 amendment, effective July 1, 2007, in (a) and (a)(i) deleted “or perambulation” following “the survey” and made a stylistic change.

§ 15-1-415. Additions to cities or towns by subdividing landowners; plat requirements; filing and effect thereof; controlling layout of streets.

The owner of any land within or contiguous to any city or town may subdivide the land into lots, blocks, streets, avenues and alleys and other grounds under the name of . . . . . addition to the city (town) of . . . . . An accurate map or plat shall be made designating the subdivided land and particularly describing the lots, blocks, streets, avenues and alleys and other grounds of the addition. The lots must be designated by numbers, and the streets, avenues and other grounds by name or numbers.
The plat shall:
1. Be acknowledged before some officer authorized to acknowledge deeds;
2. Have appended a survey made by a land surveyor registered under the laws of this state with a certificate that he has accurately surveyed the addition, and that the parts thereof are accurately staked off and marked with an appropriate metal monument including magnetic iron, inscribed at least with the registration number of the land surveyor to provide source identification, at all lot corners and survey control points of the addition.
When the map or plat is made out, acknowledged, certified and approved by the governing body, it shall be filed and recorded in the office of the county clerk. When filed it is equivalent to a deed in fee simple to the city or town from the owner, of all streets, avenues, alleys, public squares, parks and commons and of that portion of the land set apart for public and city use, or dedicated to charitable, religious or educational purposes. All additions thus laid out are a part of the city or town for all purposes, and the inhabitants of the addition are entitled to all the rights and privileges and subject to all the laws, ordinances, rules and regulations of the city or town.
The governing body, by ordinance, may compel the owner of any addition to lay out streets, avenues and alleys to correspond in width and direction and be continuations of the streets, ways and alleys in the city or town or other additions thereto. No addition is valid unless the terms and conditions of the ordinance are complied with and the plat submitted and approved by the governing body.

History. Laws 1965, ch. 112, § 69; W.S. 1957, § 15.1-69; W.S. 1977, § 15-1-516; Laws 1980, ch. 38, § 1; 1987, ch. 2, § 1.

Cross references. —

As to acknowledgment of conveyances, see § 34-1-113 .

Approval by governing body of city becomes statutory prerequisite to the validity of dedication. Prudential Trust Co. v. Laramie, 492 P.2d 971, 1972 Wyo. LEXIS 217 (Wyo. 1972).

City may set reasonable requirements for approval of plat.—

The right and duty of the city to approve a plat necessarily carries with it the right to set reasonable and just prerequisites and requirements for approval of the plat, and in particular in the area of bringing the plat into conformity with other areas with respect to lots, blocks, streets and the like. Prudential Trust Co. v. Laramie, 492 P.2d 971, 1972 Wyo. LEXIS 217 (Wyo. 1972).

City does not obtain title in fee simple by dedication. —

While the acknowledgment and recording by a city of dedication is equivalent to a deed in fee simple, it is not a deed in fee simple, and does not give the public the same right to sell or dispose of the same that a private party has to land for which he holds the title to fee simple. Payne v. Laramie, 398 P.2d 557, 1965 Wyo. LEXIS 121 (Wyo. 1965).

And cannot reconvey dedicated property for some other use.—

It could not be contended that, if a private owner dedicates a street or a block in a city to public use, the public could convey it to a private party and have the property placed to some other use or purpose than that for which it was originally dedicated. Payne v. Laramie, 398 P.2d 557, 1965 Wyo. LEXIS 121 (Wyo. 1965).

“Arbitrary and capricious” standard applicable under section.—

The general rule that administrative officers and boards will not be permitted to act in an arbitrary or capricious manner, and that courts will restrain such action, applies to such actions as those of a city council when it deals with the platting of land. Prudential Trust Co. v. Laramie, 492 P.2d 971, 1972 Wyo. LEXIS 217 (Wyo. 1972).

Quoted in

Ahearn v. Town of Wheatland, 2002 WY 12, 39 P.3d 409, 2002 Wyo. LEXIS 13 (Wyo. 2002).

Am. Jur. 2d, ALR and C.J.S. references. —

Enforceability, by landowner, of subdivision developer's oral promise to construct or improve roads, 41 ALR4th 573.

§ 15-1-416. Landowner petition to exclude tract from city or town; disposition thereof; exclusion of land for highway purposes.

and (b) Repealed by Laws 1997, ch. 158, § 3.
The governing body may exclude from any city or town land sufficient for the construction of state highways. Notice of the intended action and the time and place of public hearing for objections shall be published once each week for four (4) consecutive weeks prior to the hearing in a newspaper of general circulation within the city or town. No action may be taken by the governing body to exclude land for highway purposes over the objection of any owner of property to be excluded.

History. Laws 1965, ch. 112, § 70; W.S. 1957, § 15.1-70; W.S. 1977, § 15-1-517; Laws 1980, ch. 38, § 1; 1997, ch. 158, § 3.

§ 15-1-417. Annexing contiguous cities or towns; procedure.

When any city or town desires to be annexed to another contiguous city or town, their governing bodies shall meet to determine the terms and conditions on which the proposed annexation might be made. If the governing body of each city or town approves of the terms and conditions proposed, the governing body of the city or town to be annexed shall circulate a written petition requesting annexation subject to the terms and conditions set forth in W.S. 15-1-403 among the city’s or town’s qualified registered electors. Once the petition is signed by at least a majority of the qualified registered electors residing in the city or town, as determined by the records of the county clerk, it shall be filed with the clerk of the annexing city or town.
No signature on the petition is valid if it is dated more than one hundred eighty (180) days prior to the date of filing the petition for annexation with the clerk. No person signing a petition for annexation may withdraw his signature from the petition after it has been filed with the clerk.
The clerk shall refer the petition to the governing body which shall then, without undue delay, take appropriate steps to comply with W.S. 15-1-402 , 15-1-404 and 15-1-405 and determine if the petition is in compliance with subsection (a) of this section.
If the petition is not in minimum compliance, the governing body of the city or town desiring to be annexed shall be notified that no further action will be taken on the petition until compliance is made.
As an alternative to the circulation of the petition as provided by subsection (a) of this section the town to be annexed may hold a special election on the question in accordance with W.S. 22-23-801 through 22-23-809 .

History. Laws 1979, ch. 143, § 1; W.S. 1977; § 15-1-518; Laws 1980, ch. 38, § 1; 1997, ch. 158, § 2.

§ 15-1-418. Annexing contiguous cities or towns; annexation ordinance; filing.

If after the hearing, the governing body of the annexing city or town finds that the conditions and procedures required by W.S. 15-1-402 , 15-1-404 and 15-1-405 have been met and the terms and conditions in the written petition exist, it may by ordinance annex the city or town.
A certified copy of the annexation ordinance including a legal description of the area and the map prepared pursuant to W.S. 15-1-402(c)(i) and in accordance with W.S. 33-29-801 shall be filed with the county clerk of the county in which the action has taken place.

History. Laws 1979, ch. 143, § 1; W.S. 1977, § 15-1-519; Laws 1980, ch. 38, § 1; 1987, ch. 2, § 1; 1997, ch. 158, § 2; 2013, ch. 11, § 2.

The 2013 amendment, effective July 1, 2013, substituted “W.S. 33-29-801 ” for “W.S. 33-29-139” in (b).

§ 15-1-419. Annexing contiguous cities or towns; effective dates; appeals.

The annexation of any city or town is effective upon the publication date of the annexing city or town’s annexation ordinance, unless a different date is specified in the ordinance. Thereafter the city or town to which the annexation is made shall pass ordinances, not inconsistent with law, as will carry into effect the terms and conditions of the annexation. For purposes of taxation, the annexation does not become effective until January 1 next following the effective date of the ordinance, unless an appeal is filed and perfected, in which case the effective date is January 1 next following the court’s final decision.
Appeals to the district court and limitations thereon are governed by W.S. 15-1-409 except that any registered and qualified elector as of the date of adoption of the ordinance shall also be able to appeal to the district court.

History. Laws 1979, ch. 143, § 1; W.S. 1977, § 15-1-520; Laws 1980, ch. 38, § 1; 1997, ch. 158, § 2.

§ 15-1-420. Annexing contiguous cities or towns; how governed; extension of laws, rights and utilities; dissolution of annexed city or town; disposition of assets and liabilities.

After the effective date of annexation, the city or town annexed shall be governed as part of the city or town to which it is annexed. The territory and inhabitants of the city or town annexed are subject to all the laws, ordinances, rules and regulations of the city or town to which annexed and are entitled to all the rights, privileges and franchise services afforded the inhabitants thereof including fire protection, sanitary facilities and utility service. If the inhabitants of the annexing city or town are furnished any utility service by the annexing city or town or under franchise, the annexed area may receive the same service.
The annexed city’s or town’s municipal corporate assets including money, real and personal property, and rights, titles and interests of any nature, upon the effective date of annexation, without further conveyance, are the assets of the annexing city or town. The annexed city or town, without further action, shall be dissolved and the annexation ordinance shall so provide. The annexing city or town shall make provision for meeting all liabilities of the annexed city or town through assumption or by other lawful means. No such assumption or other action taken under this act shall materially impair existing obligations of contract of either the annexing or annexed city or town. Liabilities to be assumed by the annexing city or town shall include all revenue bonds and other special obligations which by their terms are not payable from ad valorem taxes. The revenue bonds and special obligations shall not become general obligations of the annexing city or town.
The annexing city or town in the annexation ordinance shall allocate equitably the debts of the annexed and annexing city or town. The equitable allocation shall be according to benefits received by the annexed and annexing city or town from additional assets being brought into the combined city or town.
Any such bonded indebtedness may be refunded by the annexing city or town under the laws of Wyoming existing at the time of this refunding.

History. Laws 1979, ch. 143, § 1; W.S. 1977, § 15-1-521; Laws 1980, ch. 38, § 1.

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 15-1-101(a)(xv).

§ 15-1-421. Municipal de-annexation.

Any landowner within a city or town may petition the governing body of the city or town to have his land or a portion of it de-annexed and the boundaries of the city or town redrawn so their land is outside the city or town boundaries. The landowner shall file the petition with the clerk of the affected city or town and shall also provide a copy of the petition to the county commissioners of the affected county. The county commissioners shall, within sixty (60) days, prepare a report on the impact of the de-annexation. The affected city or town may not take any action on the petition for de-annexation until after the sixty (60) day period. The commissioners may establish rules and regulations for the area to be de-annexed which are consistent with county land use plans and zoning ordinances.
The petitioner shall be responsible for publishing a public notice of the petition in a newspaper of general circulation in the affected municipality no more than ten (10) days after filing the petition with the municipal clerk. The notice shall also include a map showing identifiable landmarks and boundaries.
The governing body of the city or town may by ordinance provide for this de-annexation and redrawing of boundaries provided that:
1. The owners of all the land to be de-annexed either sign the petition for de-annexation or consent to the de-annexation within one hundred twenty (120) days after the final passage of the de-annexation ordinance and before its effective date. The passage of the ordinance shall serve as the consent of the city or town for any land owned by the city or town within the area to be de-annexed;
2. The ordinance is adopted within one hundred twenty (120) days after the receipt of the de-annexation petition and within one hundred eighty (180) days after the landowner’s signature of the petition, unless a further consent of all the landowners is obtained before the effective date of the ordinance; and
3. If the de-annexation causes land within the city or town boundaries to no longer be contiguous with the rest of the city or town, the de-annexation ordinance may be adopted only with the consent of all the owners of the land to be isolated by the de-annexation.
If the city or town owns any rights-of-way, easements, streets or other property or improvements within the area to be de-annexed it may:
1. Vacate or abandon them;
2. Transfer them to the county government with the consent of the county commissioners;
3. Agree to transfer them to another city or town upon completion of the annexation of all or part of the de-annexed land to that other city or town;
4. Retain ownership of them.
No de-annexation shall create an area which is situated entirely within the municipality but is not a part of the municipality.
The landowner petitioning to have land de-annexed and his successors and assigns shall remain liable for any assessments incurred or levied while the land was within the city or town boundaries and for all mill levies necessary to repay any indebtedness that was outstanding at any time the property was within the city or town boundaries. Neither the de-annexation nor subsequent annexation to or incorporation as another city shall increase or decrease these liabilities.

History. Laws 1989, ch. 79, § 1; 1997, ch. 158, § 2.

Cited in

Gose v. City of Douglas, 2008 WY 126, 193 P.3d 1159, 2008 Wyo. LEXIS 129 (Oct. 13, 2008).

§ 15-1-422. Prohibited acts.

The granting of an exception to the area wide waste treatment management plan by any city or town to any person may not be conditioned upon any agreement by that person to annexation under this article.

History. Laws 1997, ch. 158, § 1.

§ 15-1-423. Municipal growth management agreements.

Following a public hearing which may be held jointly between the affected cities or towns, any city or town may mutually agree with one (1) or more cities or towns defining the future geographical growth and expansion areas for each respective city or town. Any agreement under this section shall be reduced to writing and approved by the governing body of each city or town which is a party to the agreement. No agreement under this section shall be amended, terminated or voided by any party thereto after its execution except by the mutual written agreement of the parties to the agreement.
Any agreement entered into by and between any cities or towns under this section shall provide that the parties to the agreement shall not annex real property located in any other party’s defined growth and expansion area unless the nonannexing city or town’s governing body consents, in writing, to any such annexation.
Any agreement entered into by and between any cities or towns defining their respective future geographical growth and expansion areas prior to July 1, 2007 is hereby ratified and approved and may only be amended, terminated or voided by the mutual written agreement of the governing bodies of the parties thereto.
Nothing in this section shall supercede other requirements for annexation under this article.

History. Laws 2007, ch. 83, § 1.

Effective dates. —

Laws 2007, ch. 83, § 2, makes the act effective July 1, 2007.

Article 5. Planning

Cross references. —

As to zoning, see §§ 15-1-601 to 15-1-611 .

Law reviews. —

For article, “Wyoming's Local Governments and the Quality of Growth — A Preliminary Discussion,” see XIV Land & Water L. Rev. 491 (1979).

§ 15-1-501. Definitions.

For the purposes of this article:
1. “Commission” means the planning commission authorized by W.S. 15-1-502 ;
2. “Street” includes streets, highways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements and rights-of-way and other ways;
3. “Subdivision” means the division of a tract or parcel of land into three (3) or more parts for immediate or future sale or building development.

History. Laws 1965, ch. 112, § 71; W.S. 1957, § 15.1-71; W.S. 1977, § 15-1-601 ; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Quoted in

Ahearn v. Town of Wheatland, 2002 WY 12, 39 P.3d 409, 2002 Wyo. LEXIS 13 (Wyo. 2002).

Law reviews. —

As to the development of land use planning in Wyoming, see XII Land & Water L. Rev. 73 (1977).

§ 15-1-502. Commission authorized; organization and procedure; compensation; staff; consultants; expenditures.

Each city and town may have a planning commission. The number and terms of the members and any other details relating to its organization and procedure shall be determined by the governing body. The members shall be appointed by the mayor with the consent of the governing body and shall serve without compensation, except for reasonable expenses. The commission may appoint employees and staff necessary for its work and may contract with city planners and other consultants, including any appropriate agencies or departments of the state of Wyoming, for any service it requires. Commission expenditures shall not exceed the amount of funds appropriated by the governing body or obtained through gifts or otherwise.

History. Laws 1965, ch. 112, § 72; W.S. 1957, § 15.1-72; W.S. 1977, § 15-1-602 ; Laws 1980, ch. 38, § 1; 1984, ch. 34, § 2.

Cited in

Coulter v. City of Rawlins, 662 P.2d 888, 1983 Wyo. LEXIS 311 (Wyo. 1983).

§ 15-1-503. Master plan; adoption; concurrent action; contents; amendment.

The commission, after holding public hearings, shall adopt and certify to the governing body a master plan for the physical development of the municipality. If the plan involves territory outside the city or town, action shall be taken with the concurrence of the board of county commissioners or county planning commission, or other municipal legislative body concerned. The master plan, with the accompanying maps, plats, charts and descriptive and explanatory matter shall show the:
1. Commission’s recommendations for the development and may include the general location, character and extent of streets, bridges, viaducts, parks, waterways and waterfront developments, playgrounds, airports and other public ways, grounds, places and spaces;
2. General location of public buildings and other public property;
3. General location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication and other purposes;
4. Acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, or change of use of any public ways, grounds, places, spaces, buildings, properties, utilities or terminals;
5. Zoning plan for the regulation of the height, area, bulk, location and use of private and public structures and premises, and of population density;
6. General location, character, layout and extent of community centers and neighborhood units; and
7. General character, extent and layout of the replanning of blighted districts and slum areas.
The commission may amend, extend or add to the plan or carry any part or subject matter into greater detail.

History. Laws 1965, ch. 112, § 73; W.S. 1957, § 15.1-73; W.S. 1977, § 15-1-603 ; Laws 1980, ch. 38, § 1.

Park-land dedication ordinances. —

Cited in

Snake River Brewing Co. v. Town of Jackson, 2002 WY 11, 39 P.3d 397, 2002 Wyo. LEXIS 12 (Wyo. 2002).

Law reviews. —

For comment, “County and Municipal Flood Plain Zoning Under Existing Wyoming Legislation,” see VII Land & Water L. Rev. 103 (1972).

§ 15-1-504. Master plan; preparatory surveys and studies; general purpose.

In preparing the master plan, the commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the municipality and its environs. The plan shall be made for the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the municipality which will best promote the general welfare as well as efficiency and economy in the process of development.

History. Laws 1965, ch. 112, § 74; W.S. 1957, § 15.1-74; W.S. 1977, § 15-1-604 ; Laws 1980, ch. 38, § 1.

Quoted in

Snake River Brewing Co. v. Town of Jackson, 2002 WY 11, 39 P.3d 397, 2002 Wyo. LEXIS 12 (Wyo. 2002).

§ 15-1-505. Master plan; manner of adopting generally; certification thereof.

The commission may adopt the master plan in parts as the plan progresses or as a whole. Any part of the plan shall correspond generally with one (1) or more of the functional subdivisions of the subject matter thereof. The adoption of the plan or any part, amendment or addition shall be by resolution carried by the affirmative vote of not less than a majority of the commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the commission to form the whole or part of the plan. The action taken shall be recorded on the adopted plan or part thereof over the signature of the secretary of the commission. A copy of the plan or part thereof shall be certified to the governing body.

History. Laws 1965, ch. 112, § 75; W.S. 1957, § 15.1-75; W.S. 1977, § 15-1-605 ; Laws 1980, ch. 38, § 1.

§ 15-1-506. Master plan; construction to conform, be approved; overruling disapproval; time limitation.

If the governing body has adopted the master plan or any part thereof, no street, park or other public way, ground, place or space, public building or structure or public utility, whether publicly or privately owned, may be constructed until its location and extent conform to the plan and have been approved by the commission. If disapproved, the commission shall communicate its reasons to the governing body which by a vote of not less than a majority of its membership may overrule the disapproval. If overruled, the governing body or the appropriate board or officer may proceed. However, if the public way, ground, place, space, building, structure or utility is one which the governing body, or other body or official of the municipality may not authorize or finance, then the submission to the commission shall be by the board or official having that jurisdiction, and the commission’s disapproval may be overruled by that board by a majority vote or by that official. The acceptance, widening, removal, extension, relocating, narrowing, vacation, abandonment, change of use, acquisition of land for, or sale or lease of any street or other public way, ground, place, property or structure may be similarly overruled.
If the commission fails to act within thirty (30) days after the proposal has been submitted to it, the proposal is deemed approved, unless a longer period is granted by the governing body or other submitting body, board or official.

History. Laws 1965, ch. 112, § 76; W.S. 1957, § 15.1-76; W.S. 1977, § 15-1-606 ; Laws 1980, ch. 38, § 1.

§ 15-1-507. General powers of commission.

The commission has all powers necessary to perform its functions and promote municipal planning and may:
1. Make reports and recommendations relating to the plan and development of the municipality to public officials and agencies, other organizations and citizens;
2. Recommend to the executive or legislative officials programs for public improvement and their financing.

History. Laws 1965, ch. 112, § 77; W.S. 1957, § 15.1-77; W.S. 1977, § 15-1-607 ; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Law reviews. —

For article, “Wyoming's Local Governments and the Quality of Growth — A Preliminary Discussion,” see XIV Land & Water L. Rev. 491 (1979).

§ 15-1-508. Major street plan; official map; contents; procedure; effect; recording ordinance.

After the commission has adopted a major street plan, the governing body may establish an official map of the whole or any part of the existing public streets. The map may also show the location of the lines of streets on plats of subdivisions which the commission has approved. The governing body may make other additions to or modifications of the official map by extending the lines of proposed new streets or street extensions, widenings, narrowings or vacations which have been accurately surveyed and definitely located. Before taking any such action the governing body shall hold a public hearing thereon. Any proposed addition to or modification of the official map shall be submitted to the commission for its approval. If the commission disapproves, approval of the addition or modification then requires an affirmative vote of not less than a majority of the governing body.
The placing of any street or street lines upon the official map does not of itself constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.
The governing body shall direct that the adopted ordinance creating the official map be recorded in the office of the county clerk.

History. Laws 1965, ch. 112, § 78; W.S. 1957, § 15.1-78; W.S. 1977, § 15-1-608 ; Laws 1980, ch. 38, § 1.

§ 15-1-509. Major street plan; preserving integrity of map; building permits; necessary findings; specifications.

To preserve the integrity of the official map, the governing body may provide by ordinance, subject to appropriate eminent domain proceeding, that no permit may be issued for any building or structure which encroaches upon land located within the lines of any street as shown on the official map. The ordinance shall provide that the board of adjustment, which the governing body may create by ordinance, has the power, upon an appeal filed with it by the owner of any such land, to authorize a permit for a building or structure within any mapped-street location when it finds that:
1. The property of the appellant a portion of which lies within the street lines will not yield a reasonable return to the owner unless the permit is granted; or
2. Balancing the interest of the municipality in preserving the integrity of the official map and the interest of the owner in the use and benefits of the property, the grant of the permit is required by justice and equity.
Before taking any action, the board shall hold a public hearing thereon. If the board decides to authorize a building permit, it may specify the exact location, ground area, height and other details and conditions of extent and character and also the duration of the building or structure to be permitted.

History. Laws 1965, ch. 112, § 79; W.S. 1957, § 15.1-79; W.S. 1977, § 15-1-609 ; Laws 1980, ch. 38, § 1.

§ 15-1-510. Major street plan; subdivision plats; approval required; preparation and adoption of governing regulations.

If any commission adopts a major street plan and certifies it to the governing body, no plat of a subdivision of land lying within the municipality may be filed or recorded in the office of the county clerk until it has been submitted to and approved by the governing body and its approval entered in writing on the plat by the clerk of the governing body. No county clerk may file or record a plat of a subdivision without approval by the governing body and any unapproved filing or recording is void.
The commission shall prepare regulations governing the subdivision of land within the municipality. The governing body may adopt the regulations for the municipality after a public hearing thereon.

History. Laws 1965, ch. 112, § 80; W.S. 1957, § 15.1-80; W.S. 1977, § 15-1-610 ; Laws 1980, ch. 38, § 1; 1993, ch. 31, § 1.

Quoted in

Town of Wheatland v. Allison, 577 P.2d 1006, 1978 Wyo. LEXIS 288 (Wyo. 1978); Ahearn v. Town of Wheatland, 2002 WY 12, 39 P.3d 409, 2002 Wyo. LEXIS 13 (Wyo. 2002).

§ 15-1-511. Major street plan; subdivision plats; when penalty for not preparing; exception; enforcement.

Subject to appropriate eminent domain proceedings, if anyone transfers or sells any land located within any area for which a major street plan has been adopted by the commission and the governing body, except for land located in a recorded subdivision, without first preparing a subdivision plat and having it approved by the commission and governing body and recorded in the office of the county clerk, he shall pay a penalty of one hundred dollars ($100.00) for each lot transferred or sold. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring does not exempt the transaction from such penalties. The municipality may enjoin the transfer or sale or may recover the penalty by civil action.

History. Laws 1965, ch. 112, § 81; W.S. 1957, § 15.1-81; W.S. 1977, § 15-1-611 ; Laws 1980, ch. 38, § 1.

Quoted in

Ahearn v. Town of Wheatland, 2002 WY 12, 39 P.3d 409, 2002 Wyo. LEXIS 13 (Wyo. 2002).

§ 15-1-512. Violations of provisions deemed misdemeanor; remedies.

Violation of any of the provisions of this article is a misdemeanor. The municipality, or any owner of real estate within the district in which the offending building, structure or land is located, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove any unlawful erection, construction, alteration, maintenance or use.

History. Laws 1965, ch. 112, § 82; W.S. 1957, § 15.1-82; W.S. 1977, § 15-1-612; Laws 1980, ch. 38, § 1.

Article 6. Zoning

Law reviews. —

For article, “Wyoming's Local Governments and the Quality of Growth — A Preliminary Discussion,” see XIV Land & Water L. Rev. 491 (1979).

Am. Jur. 2d, ALR and C.J.S. references. —

83 Am. Jur. 2d Zoning and Planning § 1 et seq.

Zoning: what constitutes “incidental” or “accessory” use of property zoned, and primarily used, for business or commercial purposes, 60 ALR4th 907.

Construction and effect of statute requiring that zoning application be treated as approved if not acted on within specified period of time, 66 ALR4th 1012.

101A C.J.S. Zoning and Land Planning § 1 et seq.

§ 15-1-601. Regulations; scope and purpose; uniformity within authorized districts; to follow plan; objectives.

The governing body of any city or town, by ordinance, may:
1. Regulate and restrict the:
  1. Height, number of stories and size of buildings and other structures;
  2. Percentage of lot that may be occupied;
  3. Size of yards, courts and other open spaces;
  4. Density of population; and
  5. Location and use of buildings, structures and land for trade, industry, residence or other purposes.
2. Establish setback building lines.
The governing body may divide the city or town into districts of such number, shape and area as it deems necessary, and within those districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.
Regulations may differ from one (1) district to another but shall be uniform for each class or kind of buildings within a district.
All regulations shall be made:
1. In accordance with a comprehensive plan and designed to:
  1. Lessen congestion in the streets;
  2. Secure safety from fire, panic and other dangers;
  3. Promote health and general welfare;
  4. Provide adequate light and air;
  5. Prevent the overcrowding of land;
  6. Avoid undue concentration of population; and
  7. Facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements.
2. With reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses;
3. With a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city or town; and
4. With consideration given to the historic integrity of certain neighborhoods or districts and a view to preserving, rehabilitating and maintaining historic properties and encouraging compatible uses within the neighborhoods or districts, but no regulation made to carry out the purposes of this paragraph is valid to the extent it constitutes an unconstitutional taking without compensation.

History. Laws 1965, ch. 112, §§ 83, 84, 85; W.S. 1957, §§ 15.1-83 to 15.1-85; W.S. 1977, §§ 15-1-701 to 15-1-703 ; Laws 1980, ch. 38, § 1; 1984, ch. 6, § 1; 2006, ch. 114, § 1.

Cross references. —

As to planning in cities and towns, see §§ 15-1-501 to 15-1-512 .

As to eminent domain, see art. 1, §§ 32 and 33, Wyo. Const.

As to eminent domain generally, see §§ 1-26-501 through 1-26-817 and Rule 71.1 W.R.C.P.

As to municipal airports and zoning regulations, see §§ 10-5-301 , 10-5-302 .

As to county planning and zoning generally, see §§ 18-5-101 to 18-5-208 .

As to platting and dedication generally, see §§ 34-12-101 to 34-12-115 .

The 2006 amendment, in (d), added “and” at the end of (iii); and made a related change in (ii).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become a law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Municipalities have full authority and control over public water and sewerage systems. Coulter v. Rawlins, 662 P.2d 888, 1983 Wyo. LEXIS 311 (Wyo. 1983).

Park-land dedication ordinances. —

Use restrictions must be justified under some aspect of police power exerted for the public welfare. Unless the particular regulation bears a substantial relation to the public health, safety, morals, comfort, convenience or the general good and welfare in the proper sense, it is an invasion of the constitutional right of private property. The inquiry in such case is whether the restraint thus put upon property passes the bounds of reason and assumes the character of a merely arbitrary fiat. State ex rel. George v. Hull, 65 Wyo. 251, 199 P.2d 832, 1948 Wyo. LEXIS 26 (Wyo. 1948).

Statutory authority permitting zoning in incorporated cities and towns of state is the police power of the state thus delegated, but such authority, relative to a residence district, which is to preserve rather than to disrupt existing conditions, must be reasonably exercised, which was not done when it deprived plaintiff of beneficial use of his property, amid surrounding business properties, of which defendant city had sufficient notice; hence enforcement of ordinance zoning for residence purposes only would be enjoined. Weber v. Cheyenne, 55 Wyo. 202, 97 P.2d 667, 1940 Wyo. LEXIS 2 (Wyo. 1940).

Non-conforming use. —

Only reasonable interpretation of a town's zoning ordinances was that all the choices under a parking option remained available to a brewery as non-conforming use; it would have violated paragraph (d)(iv) to declare that the parking options were no longer available to the brewery, as such a result would have rendered valueless the brewery's substantial business investment. Snake River Brewing Co. v. Town of Jackson, 2002 WY 11, 39 P.3d 397, 2002 Wyo. LEXIS 12 (Wyo. 2002).

Standing to restrain enforcement of zoning ordinance. —

One who had paid $500.00 on contract for purchase of lots was present owner of a substantial interest and of a right sought to be enforced, and, as such, was “a real party in interest,” as plaintiff, in action to restrain enforcement of city ordinance zoning same for residence purposes, even though he had orally agreed with third party for their sale for filling station purposes, conditional upon plaintiff's obtaining proper zoning authority. Weber v. Cheyenne, 55 Wyo. 202, 97 P.2d 667, 1940 Wyo. LEXIS 2 (Wyo. 1940).

Town’s authority to enact zoning ordinance. —

Landowner's claim that a town did not have the authority to adopt an ordinance that banned the installation of any manufactured home older than 10 years at the time of the relevant permit application failed because the town had authority to enact the ordinance since the ordinance did not conflict with this section, which listed various zoning measures that were within a municipality's power to enact. Schanzenbach v. Town of La Barge, 706 F.3d 1277, 2013 U.S. App. LEXIS 2672 (10th Cir. Wyo. 2013).

Quoted in

Ahearn v. Town of Wheatland, 2002 WY 12, 39 P.3d 409, 2002 Wyo. LEXIS 13 (Wyo. 2002).

Law reviews. —

For note, “The Aesthetic as a Factor Considered in Zoning,” see 15 Wyo. L.J. 77 (1960).

For comment, “County and Municipal Flood Plain Zoning Under Existing Wyoming Legislation,” see VII Land & Water L. Rev. 103 (1972).

As to the development of land use planning in Wyoming, see XII Land & Water L. Rev. 73 (1977).

For article, “Wyoming's Local Governments and the Quality of Growth — A Preliminary Discussion,” see XIV Land & Water L. Rev. 491 (1979).

Am. Jur. 2d, ALR and C.J.S. references. —

Garage as part of house with which it is physically connected within zoning regulations, 7 ALR2d 593.

Constitutionality of zoning based on size of commercial or industrial enterprises or units, 7 ALR2d 1007.

Validity of building height regulations, 8 ALR2d 963.

Exclusion from municipality of industrial activity that is inconsistent with residential character, 9 ALR2d 683.

Zoning regulations in respect of intoxicating liquor, 9 ALR2d 877., 65 ALR4th 555.

Change in ownership of nonconforming business or use as affecting right to continuance thereof, 9 ALR2d 1039.

Zoning regulations applicable to tourist or trailer camps, motor courts or motels, 22 ALR2d 774.

Zoning regulations as to privately owned parking places, 29 ALR2d 856.

Injuries or death, violation of zoning ordinance or regulation as affecting or creating liability for, 31 ALR2d 1469.

Validity of zoning regulation prohibiting residential use of industrial district, 38 ALR2d 1141.

Validity of zoning regulations with respect to uncertainty and indefiniteness of district boundary lines, 39 ALR2d 766.

Nurseries and greenhouses, permissible activities under zoning laws permitting, 40 ALR2d 1459.

Territory annexed to a municipality, what zoning regulations are applicable to, 41 ALR2d 1463.

Exclusionary zoning, 48 ALR3d 1210.

Cemetery, validity of public prohibition or regulation of location of, 50 ALR2d 905.

Spot zoning to permit neighborhood shopping centers, 51 ALR2d 263.

What is a “club” or “clubhouse” within provisions of zoning regulations, 52 ALR2d 1098.

Zoning regulations as to business of selling motor vehicles, 57 ALR2d 1265.

Attack on validity of zoning statute on ground of improper delegation of authority to board or officer, 58 ALR2d 1083.

Applicability of zoning regulations to governmental projects or activities, 61 ALR2d 970.

Applicability of zoning regulations as to governmental hospitals, 61 ALR2d 970.

Access to industrial, commercial, or business premises over premises differently zoned, 63 ALR2d 1446.

Lodging house or boardinghouse within provision of zoning ordinance or regulation, 64 ALR2d 1167.

Accountants, zoning regulations as to, 70 ALR2d 433.

“Home occupation” or the like within accessory use provision of zoning regulation, 73 ALR2d 439.

Refusal of use of residentially zoned land for business access by abutter to street or highway, 73 ALR2d 652.

Validity and construction of zoning regulation requiring garage or parking space, 74 ALR2d 418.

Gasoline filling stations, zoning regulations as to, 75 ALR2d 168.

Shopping centers, zoning regulations as to, 76 ALR2d 1172.

Effect of provision in real-estate option or land sale contract making the contract subject to zoning or rezoning of the property, 76 ALR2d 1195.

Airport, validity of zoning ordinance limiting use of land near or surrounding, 77 ALR2d 1355.

Restaurants, diners, “drive-ins,” or the like, zoning regulations as forbidding or restricting, 82 ALR2d 989.

“Racing” or “race track” within zoning regulation forbidding such activity, 83 ALR2d 877.

Dancing schools, zoning regulations as applied to, 85 ALR2d 1150.

Zoning regulation of self-service laundries, 87 ALR2d 1007.

Construction and effect of clause making lease contingent or conditional upon the lessee obtaining a use permit from public building or zoning authorities, 90 ALR2d 1031.

Zoning regulations relating to private residential swimming pools, 92 ALR2d 1283.

Validity of front setback provision in zoning ordinance or regulation, 93 ALR2d 1223.

Construction of front setback provisions in zoning ordinance or regulation, 93 ALR2d 1244.

Construction of zoning regulations requiring side or rear yards, 94 ALR2d 419.

Validity of zoning regulations prescribing minimum area for house lots or requiring area proportionate to number of families to be housed, 95 ALR2d 716.

Construction of zoning regulations prescribing minimum area for house lots or requiring an area proportionate to number of families to be housed, 95 ALR2d 761.

Use of trailer or similar structure for residence purposes as within zoning provision, 96 ALR2d 232, 17 ALR4th 106.

Width or frontage for residence lots, 96 ALR2d 1367.

Maximum percentage of residential lot area which may be occupied by buildings, 96 ALR2d 1396.

Research and laboratory facilities, application of zoning requirements to, 98 ALR2d 225.

Validity, construction, and effect of zoning regulations as regards “garden-type apartments” and “row housing,” 99 ALR2d 873.

Construction of provisions precluding sale of intoxicating liquors within specified distance from another establishment selling such liquors, 7 ALR3d 809.

Construction and application of zoning regulations in connection with bomb or fallout shelters, 7 ALR3d 1443.

Zoning as a factor in determination of damages in eminent domain, 9 ALR3d 291.

Prohibiting or regulating removal or exploitation of oil and gas, minerals, soil, or other natural products within municipal limits, 10 ALR3d 1226.

Application of zoning regulations to automatic vending machines, 11 ALR3d 1004.

Meaning of term “garage” as used in zoning regulation, 11 ALR3d 1187.

Purchaser of real property as precluded from attacking validity of zoning regulation existing at the time of the purchase and affecting the purchased property, 17 ALR3d 743.

Aesthetic objectives or considerations as affecting validity of zoning ordinance, 21 ALR3d 1222.

Validity of provisions or amortization of nonconforming uses, 22 ALR3d 1134.

Application of zoning regulations to motels or motor courts, 23 ALR3d 1210.

Construction and effect of zoning provision permitting accessory use for “professional office,” 24 ALR3d 1128.

Application of zoning regulations to college fraternities or sororities, 25 ALR3d 921.

Validity and construction of zoning regulations expressly referring to hospitals, sanitariums, nursing homes, 27 ALR3d 1022.

Meaning of the term “hotel” as used in zoning ordinances, 28 ALR3d 1240.

Validity and effect of “interim” zoning ordinance, 30 ALR3d 1196.

Application of zoning regulations to golf courses, swimming pools, tennis courts, or the like, 32 ALR3d 424.

Rights between landlord and tenant as affected by zoning regulations restricting contemplated use of premises, 37 ALR3d 1018.

Zoning or other public restrictions on the use of property as affecting rights and remedies of parties to contract for the sale thereof, 39 ALR3d 362.

Requirement that zoning variances or exceptions be made in accordance with comprehensive plan, 40 ALR3d 372.

Validity and construction of “zoning with compensation” regulation, 41 ALR3d 636.

Validity and construction of zoning ordinance regulating architectural style or design of structure, 41 ALR3d 1397.

Validity and application of zoning regulations relating to mobile home or trailer parks, 42 ALR3d 598.

Planned-unit, cluster, or greenbelt zoning, 43 ALR3d 888.

Validity, construction, and application of enactments restricting land development by dredging or filling, 46 ALR3d 1422.

Buffer provision in zoning ordinance as applicable to abutting land in adjoining municipality, 48 ALR3d 1303.

Retroactive effect of effect of zoning regulation, in absence of saving clause, on validly issued building permit, 49 ALR3d 13.

Standing of municipal corporation or other governmental body to attack zoning of land lying outside its borders, 49 ALR3d 1126.

Zoning provisions protecting landowners who applied for or received building permit prior to change in zoning, 49 ALR3d 1150.

Retroactive effect of zoning regulation in absence of saving clause, on pending application for building permit, 50 ALR3d 596.

Validity, construction, and application of zoning ordinance relating to operation of junkyard or scrap metal processing plant, 50 ALR3d 837.

Validity of ordinance zoning the entire municipality for residential use, 54 ALR3d 1282.

Right to resume nonconforming use of premises after involuntary break in the continuity of nonconforming use caused by difficulties unrelated to governmental activity, 56 ALR3d 14.

Right to resume nonconforming use of premises after involuntary break in the continuity of nonconforming use caused by governmental activity, 56 ALR3d 138.

Validity of regulations restricting height of free-standing advertising signs, 56 ALR3d 1207.

Right to resume nonconforming use of premises after voluntary or unexplained break in the continuity of nonconforming use, 57 ALR3d 279.

Right to repair or reconstruct building operating as nonconforming use, after damage or destruction by fire or other casualty, 57 ALR3d 419.

Validity and construction of zoning regulation respecting permissible use as affected by division of lot or parcel by zone boundary line, 58 ALR3d 1241.

Applicability of zoning regulations to waste disposal facilities of state or local governmental entities, 59 ALR3d 1244.

What constitutes “church,” “religious use,” or the like within zoning ordinance, 62 ALR3d 197.

Validity and construction of zoning ordinance requiring developer to devote specified part of development to low and moderate income housing, 62 ALR3d 880.

What constitutes “school,” “educational use,” or the like within zoning ordinance, 64 ALR3d 1087.

Zoning regulations as applied to colleges, universities or similar institutions for higher education, 64 ALR3d 1138.

Standing of owner of property adjacent to zoned property, but not within territory of zoning authority, to attack zoning, 69 ALR3d 805.

Validity, construction, and effect of agreement to rezone, or amendment to zoning ordinance, creating special restrictions or conditions not applicable to other property similarly zoned, 70 ALR3d 125.

What constitutes a “family” within meaning of zoning regulation or restrictive covenant, 71 ALR3d 693.

Zoning or building regulations as applied to condominiums, 71 ALR3d 866.

Adoption of zoning ordinance or amendment thereto through initiative process, 72 ALR3d 991.

Zoning regulations as applied to private and parochial schools below the college level, 74 ALR3d 14.

Zoning regulations as applied to public elementary and high schools, 74 ALR3d 136.

Zoning: regulations creating and placing “floating zones,” 80 ALR3d 95.

Classification and maintenance of advertising structure as nonconforming use, 80 ALR3d 630.

Validity and construction of state or local regulation prohibiting off-premises advertising structures, 81 ALR3d 486.

Validity and construction of state or local regulation prohibiting the erection or maintenance of advertising structures within a specified distance of street or highway, 81 ALR3d 564.

Application of zoning regulation to radio or television facilities, 81 ALR3d 1086.

Validity of zoning for senior citizen communities, 83 ALR3d 1084.

Zoning regulations as applied to homes or housing for the elderly, 83 ALR3d 1103.

Applicability of zoning regulations to nongovernmental lessee of government-owned property, 84 ALR3d 1187.

Applicability of zoning regulations to projects of nongovernmental public utility as affected by utility's having power of eminent domain, 87 ALR3d 1265.

Validity of municipality's ban on construction until public facilities comply with specific standards, 92 ALR3d 1073.

Validity of ordinance restricting number of unrelated persons who can live together in residential zone, 12 ALR4th 238.

Validity and construction of statute or ordinance protecting historical landmarks, 18 ALR4th 990.

Applicability and application of zoning regulations to single residences employed for group living of mentally retarded persons, 32 ALR4th 1018.

Zoning: occupation of less than all dwelling units as discontinuance or abandonment of multifamily dwelling nonconforming use, 40 ALR4th 1012.

Zoning: what constitutes “incidental” or “accessory” use of property zoned, and primarily used, for residential purposes, 54 ALR4th 1034.

Addition of another activity to existing nonconforming use as violation of zoning ordinance, 61 ALR4th 724.

Change in volume, intensity or means of performing nonconforming use as violation of zoning ordinance, 61 ALR4th 806.

Change in type of activity of nonconforming use as violation of zoning ordinance, 61 ALR4th 902.

Zoning: residential off-street parking requirements, 71 ALR4th 529.

Laches as defense in suit by governmental entity to enjoin zoning violation, 73 ALR4th 870.

Construction and application of zoning laws setting minimum lot size requirements, 2 ALR5th 553.

Validity of ordinances restricting location of “adult entertainment” or sex-oriented businesses, 10 ALR5th 538.

Zoning authority as estopped from revoking legally issued building permit, 26 ALR5th 736.

Applicability of zoning regulations to governmental projects or activities, 53 ALR5th 1.

Application of zoning regulations to golf courses, swimming pools, tennis courts, or the like, 63 ALR5th 607.

Determination whether zoning or rezoning of particular parcel constitutes illegal spot zoning, 73 ALR5th 223.

What is “mobile home,” “house trailer,” “trailer house,” or “trailer” within meaning of restrictive covenant, 83 ALR5th 651.

Relief under Federal Civil Rights Act of 1871 (42 U.S.C. § 1983) against denial of building permit or zoning change for privately sponsored low- or moderate-income housing projects on grounds of racial discrimination, 12 ALR Fed 964.

Right of real property owner to relief under Federal Civil Rights Acts against amendment of zoning ordinance increasing minimum lot requirements, 25 ALR Fed 850.

What are “land-use and transportation controls” which may be imposed, under § 100(a)(2)(B) of Clean Air Act of 1970 (42 U.S.C. § 1857c-5 (a)(2)(B) [42 U.S.C. § 7410]), to insure maintenance of national primary ambient air quality standards, 30 ALR Fed 156.

§ 15-1-602. Regulations; powers of governing body; public hearing; notice.

The governing body shall specify how regulations, restrictions and the district boundaries are to be determined, established, enforced, amended, supplemented or otherwise changed. No governing body shall require that a land use or physical development be consistent with a local land use plan unless the applicable provisions of the local land use plan have been incorporated into the local zoning regulations.
No regulation, restriction or boundary is effective until after a public hearing. At least fifteen (15) days notice of the time and place of the hearing shall be published in a newspaper of general circulation in the city or town.

History. Laws 1965, ch. 112, § 86; W.S. 1957, § 15.1-86; W.S. 1977, § 15-1-704 ; Laws 1980, ch. 38, § 1; 2021, ch. 161, § 1.

The 2021 amendment , effective July 1, 2021, added the second sentence in (a).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of zoning ordinance or similar public regulation requiring consent of neighboring property owners to permit or sanction specified uses or construction of buildings, 21 ALR2d 551.

Inquiry, upon review of zoning regulation, into motive of members of municipal authority approving or adopting it, 71 ALR2d 568.

Validity of statutory notice requirements prerequisite to adoption on amendment of zoning ordinance, 96 ALR2d 449.

Inclusion or exclusion of first and last days in computing time for giving notice of zoning hearing which must be given a certain number of days before a known future date, 98 ALR2d 1331.

Right to cross-examination of witnesses in hearings before administrative zoning authorities, 27 ALR3d 1304.

§ 15-1-603. Regulations; protest makes change ineffective; exception; hearing and notice.

If there is a protest against a change in the regulations, restrictions or district boundaries signed by the owners of twenty percent (20%) or more of the area of the lots included in the proposed change, or of those immediately adjacent within a distance of one hundred forty (140) feet, the change is not effective except upon the affirmative vote of three-fourths (3/4) of all the members of the governing body. In determining the one hundred forty (140) feet, the width of any intervening street or alley shall not be included.
The provisions for public hearings and notice specified in W.S. 15-1-602 apply to all changes.

History. Laws 1965, ch. 112, § 87; W.S. 1957, § 15.1-87; W.S. 1977, § 15-1-705 ; Laws 1980, ch. 38, § 1.

Limited review of zoning authority acting in legislative capacity.—

When zoning or rezoning an area within its boundaries, a zoning authority, such as the city council, is acting within its legislative capacity, and its decisions thereon are not reviewable by the district court under the Administrative Procedure Act. McGann v. City Council, 581 P.2d 1104, 1978 Wyo. LEXIS 219 (Wyo. 1978).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of zoning ordinance or similar public regulation requiring consent of neighboring property owners to permit or sanction specified uses or construction of buildings, 21 ALR2d 551.

What zoning regulations are applicable to territory annexed to municipality, 41 ALR2d 1463.

Constitutionality of zoning ordinance authorizing boards, commissions, etc., to vary provisions thereof, 58 ALR2d 1083.

Validity and construction of statutory notice requirements prerequisite to adoption or amendment of zoning ordinance or regulation, 96 ALR2d 449.

Power to terminate lawful nonconforming use existing when zoning ordinance was passed, after use has been permitted to continue, 22 ALR3d 1134.

Adoption of zoning ordinance or amendment thereto as subject of referendum, 72 ALR3d 1030.

§ 15-1-604. Zoning commission; appointment; duties; effect on governing body.

The mayor, with the consent of the governing body, shall appoint a zoning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. The commission shall make a preliminary report and hold public hearings before submitting its final report. The governing body shall not hold its public hearings or take action until it has received the commission’s final report. If a city planning commission already exists, it may be appointed as the zoning commission.

History. Laws 1965, ch. 112, § 88; W.S. 1957, § 15.1-88; W.S. 1977, § 15-1-706 ; Laws 1980, ch. 38, § 1; 1984, ch. 34, § 2.

§ 15-1-605. Board of adjustment; appointment; composition; terms; removal; vacancies.

The mayor, with the consent of the governing body, may appoint a board of adjustment consisting of not less than five (5) nor more than seven (7) members. Each member shall be appointed for a term of three (3) years, except that the initial appointments shall be:
1. Two (2) for one (1) year;
2. Two (2) for two (2) years; and
3. The remaining member or members for three (3) years.
The governing body may remove any board member for cause upon written charges after public hearing. Vacancies shall be filled for the unexpired portion of a term.
The mayor, with the consent of the governing body, may appoint the city or town planning commission as the board of adjustment.

History. Laws 1965, ch. 112, § 89; W.S. 1957, § 15.1-89(a); Laws 1971, ch. 256, §§ 1, 2; W.S. 1977, § 15-1-707(a); Laws 1980, ch. 38, § 1; 1984, ch. 34, § 2.

Cited in

V-1 Oil Co. v. City of Rock Springs, 823 P.2d 1176, 1991 Wyo. LEXIS 200 (Wyo. 1991).

§ 15-1-606. Board of adjustment; meetings; procedure; records.

Board meetings shall be held at the call of the chairman and at such other times as the board determines. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All board meetings are open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question or if the member was absent or failed to vote. The board shall also keep records of its examinations and other official actions. All minutes are public records and shall be filed in the board’s office.

History. Laws 1965, ch. 112, § 89; W.S. 1957, § 15.1-89; W.S. 1977, § 15-1-707(b); Laws 1980, ch. 38, § 1.

§ 15-1-607. Board of adjustment; appeals to board; grounds; how conducted; stay of proceedings.

Any aggrieved person or any officer, department, board or bureau of the city or town affected by any decision of the administrative officer may appeal to the board. Appeals shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds therefor. The officer from whom the appeal is taken shall immediately transmit to the board the complete record of the action from which the appeal is taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board that by reason of facts stated in the certificate a stay, in his opinion, would cause imminent peril to life or property. In such cases proceedings shall not be stayed other than by a restraining order granted by the district court for the district, or a judge thereof, on notice to the officer from whom the appeal is taken, and on due cause shown.

History. Laws 1965, ch. 112, § 89; W.S. 1957, § 15.1-89; W.S. 1977, § 15-1-707(c), (d); Laws 1980, ch. 38, § 1.

Writ of mandamus. —

Landowners were precluded from seeking relief from a decision of a city building inspector by way of a petition for writ of mandamus because they had an adequate remedy at law in the form of judicial review of the decision. State ex rel. Baker v. Strange, 960 P.2d 1016, 1998 Wyo. LEXIS 96 (Wyo. 1998).

Am. Jur. 2d, ALR and C.J.S. references. —

Standing of lot owner to challenge validity or regularity of zoning changes dealing with neighboring property, 37 ALR2d 1143.

Standing of civic or property owners' association to challenge zoning board decision (as aggrieved party), 8 ALR4th 1087.

Circumstances in which indefinite stay of proceedings in federal civil case constitutes abuse of discretion or is otherwise unlawful, 150 ALR Fed 577.

§ 15-1-608. Board of adjustment; powers and duties; vote required.

The board shall:
1. Hear and decide:
  1. Appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to this article;
  2. All matters referred to it or upon which it is required to pass under any such ordinance.
2. Fix a reasonable time for hearing an appeal, give public notice, adequate notice to the parties in interest and decide the appeal within a reasonable time. Any party may appear in person at a hearing or by agent or attorney;
3. Adopt rules in accordance with the provisions of any ordinance adopted pursuant to this article.
The board has the power to:
1. Hear and decide special exemptions to the terms of the ordinance upon which the board is required to pass under the ordinance;
  1. Repealed by Laws 1984, ch. 15, § 2.
2. Vary or adjust the strict application of any of the requirements of any ordinance adopted pursuant to this article in the case of any physical condition applying to a lot or building if the strict application would deprive the owner of the reasonable use of the land or building involved. No adjustment in the strict application of any provision of an ordinance may be granted unless:
  1. There are special circumstances or conditions, fully described in the board’s findings, which are peculiar to the land or building for which the adjustment is sought and do not apply generally to land or buildings in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of the ordinance;
  2. For reasons fully set forth in the board’s findings, the circumstances or conditions are such that the strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of the land or building, the granting of the adjustment is necessary for the reasonable use thereof and the adjustment as granted is the minimum adjustment that will accomplish this purpose; and
  3. The granting of the adjustment is in harmony with the general purposes and intent of the ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
3. Grant exceptions and variances upon request after a showing that an illegal construction or a nonconforming building or use existed for a period of at least five (5) years in violation of local ordinance and the city or town has not taken steps toward enforcement;
4. Reverse or affirm wholly or partly the order, requirement, decision or determination as necessary, but no power exercised under this paragraph shall exceed the power or authority vested in the administrative officer from whom the appeal is taken.
The concurring vote of a majority of the board is necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the application on any matter upon which it is required to pass under any ordinance or to effect any variation in the ordinance.

History. Laws 1965, ch. 112, § 89; W.S. 1957, § 15.1-89(g); 1971, ch. 256, §§ 1, 2; W.S. 1977, § 15-1-707(e), (f), (g); Laws 1980, ch. 38, § 1; 1984, ch. 15, §§ 1, 2; 1985, ch. 209, § 1.

Editor's notes. —

There is no subparagraph (b)(i)(B) in this section as it appears in the printed acts.

Zoning board order denying challenger's petition for rehearing was not appealable final order since the board lacked authority to rehear its original decision, which granted a use permit. Further, the filing of the petition for rehearing did not toll the running of the time period for filing a notice of appeal of final agency action under Rule 12.04, W.R.A.P. Rosenberger v. City of Casper Bd. of Adjustment, 765 P.2d 367, 1988 Wyo. LEXIS 176 (Wyo. 1988).

Minimum adjustment necessary to accomplish purpose of variance.—

Board of adjustment's findings of fact did not provide a reasonable basis for board's conclusion that variance granted for fence construction was the minimal adjustment necessary to accomplish its purpose, which was to allow owners to obtain liability insurance. Ebzery v. City of Sheridan, 982 P.2d 1251, 1999 Wyo. LEXIS 107 (Wyo. 1999), reh'g denied, 1999 Wyo. LEXIS 126 (Wyo. July 20, 1999).

Findings of fact and conclusions of law required. —

Where the Board of Adjustment failed to provide findings of fact and conclusions of law with its decision pursuant to subsection (b)(ii) of this section, its decision to grant the variance was not in accordance with the law of § 16-3-114(c)(ii)(A). Juroszek v. City of Sheridan Bd. of Adjustment, 948 P.2d 1370, 1997 Wyo. LEXIS 162 (Wyo. 1997).

Applied in

Cook v. Zoning Bd. of Adjustment, 776 P.2d 181, 1989 Wyo. LEXIS 148 (Wyo. 1989).

Law reviews. —

For comment, “Solar Access Rights in Wyoming,” see XIX Land & Water L. Rev. 419 (1984).

For article, “No Home On the Range For Home Rule,” see XXXI Land & Water L. Rev. 791 (1996).

Am. Jur. 2d, ALR and C.J.S. references. —

Judgment denying permit for use of premises under zoning regulations as bar to subsequent application, 71 ALR2d 1362.

Who may apply for variance, special exception, or use permit, 89 ALR2d 663.

Imposing restriction as to hours or days of operation of business as condition of allowance of special zoning exception or variance, 99 ALR2d 227.

Disqualification for bias or interest of administrative officer sitting in zoning proceeding, 10 ALR3d 694.

Construction and application of statute or ordinance requiring notice as prerequisite to granting variance or exception to zoning requirement, 38 ALR3d 167.

Authority of zoning commission to impose, as condition of allowance of special zoning exception, permit, or variance, requirements as to highway and traffic changes, 49 ALR3d 492.

Zoning board's grant of new application for zoning change, variance, or special exception after denial of previous application covering same property or part thereof, 52 ALR3d 494.

§ 15-1-609. Board of adjustment; review of decisions.

The decision of the board may be reviewed by the district court pursuant to Rule 12 of the Wyoming Rules of Appellate Procedure.

History. Laws 1965, ch. 112, § 89; W.S. 1957, § 15.1-89; W.S. 1977, § 15-1-707(h), (j), (k), (m); Laws 1980, ch. 38, § 1.

Cited in

Bd. of County Comm'rs v. Crow, 2003 WY 40, 65 P.3d 720, 2003 Wyo. LEXIS 50 (Wyo. 2003).

Am. Jur. 2d, ALR and C.J.S. references. —

Intervention in court review of zoning proceeding, right as to, 46 ALR2d 1059.

§ 15-1-610. Action to prevent violations authorized.

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or if any building, structure or land is used in violation of this article or of any ordinance or other regulation made under its authority, the proper authorities of the city or town, in addition to other remedies prescribed by ordinance, may institute any appropriate action to prevent:
1. The violation;
2. The occupancy of the building, structure or land; or
3. Any illegal act, conduct, business or use in or about the premises.

History. Laws 1965, ch. 112, § 90; W.S. 1957, § 15.1-90; W.S. 1977, § 15-1-708 ; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Am. Jur. 2d, ALR and C.J.S. references. —

Violation of zoning ordinance or regulation as affecting or creating liability for injuries or death, 31 ALR2d 1469.

Remedies to compel municipal officials to enforce zoning regulations, 35 ALR2d 1135.

Mandamus to compel zoning officials to cancel permit granted in violation of zoning regulation, 68 ALR3d 166.

Change in area or location of nonconforming use as violation of zoning ordinance, 56 ALR4th 769.

Alteration, extension, reconstruction or repair of nonconforming structure or structure devoted to nonconforming use as violation of zoning ordinance, 63 ALR4th 275.

§ 15-1-611. Higher standards govern in conflicts.

If the regulations made under this article conflict with any statutes or local ordinances or other regulations, the statutes, ordinances or regulations imposing the higher standards govern.

History. Laws 1965, ch. 112, § 91; W.S. 1957, § 15.1-91; W.S. 1977, § 15-1-709 ; Laws 1980, ch. 38, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Change in ownership of nonconforming business or use as affecting right to continuance thereof, 9 ALR2d 1039.

Zoning regulation of intoxicating liquor as pre-empted by state law, 65 ALR4th 555.

Article 7. Industrial Development Projects

Law reviews. —

For article, “Wyoming's Local Governments and the Quality of Growth — A Preliminary Discussion,” see XIV Land & Water L. Rev. 491 (1979).

Am. Jur. 2d, ALR and C.J.S. references. —

Eminent domain: industrial park or similar development as public use justifying condemnation of private property, 62 ALR4th 1183.

§ 15-1-701. Definitions; vesting of powers and privileges.

As used in this article:
1. “Mortgage” means any security device;
2. “Project” means any land, building, pollution control facility or other improvement and all necessary and appurtenant real and personal properties, whether or not in existence, suitable for manufacturing, industrial, commercial or business enterprises or for health care facilities. Project may also mean an undivided interest as a tenant in common in an electrical generating facility or in pollution control facilities in connection therewith. Project may also mean an energy improvements program;
3. “Property” means real or personal property, or any interest in property, including any undivided interest as a tenant in common in an electrical generating facility or in pollution control facilities in connection therewith;
4. “Energy improvements program” means a program authorizing energy efficiency or renewable energy improvements in a program adopted by a municipality, county or joint powers board.
In order to facilitate and promote the local health and general welfare, the sound economic growth of the state of Wyoming, the development of its natural resources, the protection of its natural environment, provision of health care services, energy improvements and to promote employment opportunities for the citizens of Wyoming by creating or encouraging the expansion of manufacturing, industrial plants, processing facilities and all kinds of business which contribute payrolls and tax base to the state of Wyoming, and by attracting to and encouraging the location or the expansion within this state of such plants, facilities and businesses all of which are hereby declared to be and constitute public purposes, the counties and municipalities of the state of Wyoming are vested with the powers and privileges hereafter set forth in this article.

History. Laws 1965, ch. 112, § 92; W.S. 1957, § 15.1-92; Laws 1967, ch. 95, § 1; 1973, ch. 17, § 1; 1976, ch. 27, § 1; W.S. 1977, § 15-1-801 ; Laws 1980, ch. 38, § 1; 1982, ch. 33, § 1; 2004, ch. 130, § 1; 2011, ch. 152, § 1.

The 2004 amendment, in (a)(ii), deleted “having received an approved state certificate of need for said project in accordance with W.S. 35-2-201 through 35-2-214” following “enterprises or for health care facilities,” and made stylistic changes.

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2011 amendment, effective July 1, 2011, in (a)(ii), added the present last sentence; added (a)(iv); and in (b), added “energy improvements.”

Conflicting legislation. —

Industrial development projects provisions held constitutional.—

See Reed v. Cheyenne, 429 P.2d 69, 1967 Wyo. LEXIS 160 (Wyo. 1967); Uhls v. State, 429 P.2d 74, 1967 Wyo. LEXIS 161 (Wyo. 1967); Powers v. City of Cheyenne, 435 P.2d 448, 1967 Wyo. LEXIS 191 (Wyo. 1967).

Quoted in

Foster's Inc. v. City of Laramie, 718 P.2d 868, 1986 Wyo. LEXIS 541 (Wyo. 1986).

Cited in

Kautza v. City of Cody, 812 P.2d 143, 1991 Wyo. LEXIS 102 (Wyo. 1991).

§ 15-1-702. Powers of municipalities and counties; limitations.

In addition to all other powers each municipality, county, and multi-county joint powers board has without any other authority the power to:
1. Acquire one (1) or more projects located within the territorial limits of the municipality or within the territorial limits of the county wherein the municipality is situated, if acquired by a municipality, or located within the county, if acquired by a county, or located within multiple counties if acquired by a joint powers board formed under W.S. 16-1-101 et seq.;
2. Lease any or all of its projects upon terms and conditions fixed by the governing body and consistent with the provisions of this article;
3. Issue revenue bonds to defray the cost of acquiring or improving any project and secure the payment of the bonds as provided in this article. Revenue bonds may be issued in two (2) or more series or issues, if necessary, and each series or issue may contain different maturity dates, interest rates, priorities on revenues available for payment, priorities on securities available for guaranteeing payment, and other terms and conditions deemed necessary and consistent with the provisions of this article; and
4. Sell and convey any property acquired under paragraph (a)(i) of this section and make any order respecting that property in the best interest of the municipality or county. The governing body of the municipality or county may establish terms and conditions as appear to be in the best interest of the municipality or county, including the deferment of payment of the purchase price for not to exceed ten (10) years. If payment of the purchase price is deferred, the municipality or county, at the time of completing the sale, shall take or retain a security interest in the property sold. The security interest, by vote of the governing body, may be subordinated to an obligation incurred by the purchaser for the construction of buildings or improvements on or in connection with the property sold, but the subordination agreement shall require that in the event of default by the purchaser in the payment of the deferred sale price, the holder of the obligation to which the payment of the deferred sale price is subordinated shall pay any unpaid deferred balance. The sale or conveyance of property is subject to the terms of any lease but free and clear of any other encumbrance.
No municipality or county may operate any project referred to in this section as a business or in any manner except as the lessor or holder of a security interest, nor acquire any such project or any part thereof by condemnation.
A municipality, county or joint powers board may designate an energy improvements area and establish an energy improvements program to make loans to owners of real property within the area for cost-effective energy improvements to existing residential, commercial or industrial buildings on the property. Not less than thirty (30) days prior to the designation under this subsection, the governing body shall provide an explanation of the proposed program to any utility which distributes electricity or natural gas in the area in which the proposed program will operate. A governing body which establishes an energy improvements program may secure a loan under the program with a lien on the benefited property and enforce the lien in the same manner as provided for special assessments under W.S. 15-6-401 et seq. Additionally, the governing body may require any other security for a loan it deems reasonable and necessary. The designation may establish:
1. A loan application process that includes an energy audit of the building proposed to be improved and other requirements to ensure that the loan will be used for energy improvements which are cost effective and otherwise consistent with the purpose of the program;
2. The loan terms, including interest rates;
3. The application and loan fees sufficient to pay the administrative and financing costs of the program, included costs associated with loan delinquencies; and
4. Any requirements and conditions to ensure timely repayment of loans and fees imposed under the program.

History. Laws 1965, ch. 112, § 93; W.S. 1957, § 15.1-93; Laws 1967, ch. 95, § 2; 1971, ch. 49, § 1; W.S. 1977, § 15-1-802 ; Laws 1980, ch. 38, § 1; 2001, ch. 136, § 1; 2011, ch. 152, § 1.

Cross references. —

As to powers of cities and towns generally, see § 15-1-103 .

As to powers and duties of counties, see §§ 18-2-101 to 18-2-115 .

The 2011 amendment, effective July 1, 2011, added (c).

Proceedings subject to court review. —

Proceedings under the Wyoming Industrial Development Projects Act do not require a trial-type hearing as may be involved in a contested case, nor are they governed by the proceedings applicable to rule making; but, such proceedings are reviewable, at least with respect to minimum compliance with the statutory requirements providing for the issuance of bonds, within the Administrative Procedure Act's (§§ 16-3-101 through 16-3-115 ) definition of “other agency action.” Holding's Little Am. v. Board of County Comm'rs, 670 P.2d 699, 1983 Wyo. LEXIS 370 (Wyo. 1983).

Resolutions and findings should be specific. —

Where a final resolution which is adopted by a board of county commissioners states that a project complies with the public purposes and provisions set forth in the Wyoming Industrial Development Projects Act, and the determinations made in the final resolution merely recite the statutory factors to be considered, this is insufficient to permit adequate judicial review in order to determine whether or not the commissioners acted arbitrarily, capriciously, or abused their discretion. Holding's Little Am. v. Board of County Comm'rs, 670 P.2d 699, 1983 Wyo. LEXIS 370 (Wyo. 1983).

§ 15-1-703. Bonds; limitations; terms and conditions; sale; expenses; negotiability.

No bonds issued by a municipality or county under this article may be general obligations of the municipality or county. Bonds and interest coupons do not constitute nor give rise to a pecuniary liability of the municipality or county or a charge against its general credit or taxing powers. These limitations shall be stated clearly on the face of each bond.
The bonds may be executed and delivered at any time, in such form and denominations, be of such tenor, in registered or bearer form either as to principal or interest or both, payable in installments at any place and at any time not exceeding thirty (30) years from their date, bear interest at any rate, be redeemable prior to maturity with or without premium and contain any provisions not inconsistent with this section, if deemed in the best interest of the municipality or county and if provided for by the governing body at the time of authorization.
Any bonds issued under this article may be sold at public or private sale in a manner and at a time set by the governing body. The municipality or county shall pay all necessary expenses, premiums and commissions in connection with the authorization, sale and issuance of the bonds from the proceeds of the sale or from the revenues of the projects.
All bonds and interest coupons are negotiable instruments, although payable solely from a specified source.

History. Laws 1965, ch. 112, § 94; W.S. 1957, § 15.1-94; Laws 1967, ch. 95, § 3; W.S. 1977, § 15-1-803; Laws 1980, ch. 38, § 1.

§ 15-1-704. Bonds; sources of security and limitations; mortgage provisions and limitations.

The principal and interest on any bonds issued under this article shall be secured by a pledge of the revenues of the project for which the bonds were issued and may be secured by a mortgage covering all or any part of the project by a pledge of the lease of the project, or by other security devices deemed advantageous that do not constitute a general obligation of the municipality or county. A municipality or county shall not obligate itself except with respect to the project and the application of its revenues, and shall not incur a pecuniary liability or a charge upon its general credit or against its taxing power.
Any mortgage given to secure the bonds may contain any agreement and provisions customarily contained in instruments securing bonds, including provisions respecting the fixing and collection of rents for any project covered, the terms of the lease of the project, the maintenance and insurance of the project, the creation and maintenance of special funds from the revenues of the project and the rights and remedies available in the event of a default to the bondholders or to the trustee under a mortgage.
Any mortgage securing the bonds may provide that:
1. In the event of a default in the payment of the principal or interest or in the performance of any of the terms of the agreement or mortgage, payment and performance may be enforced by mandamus or by the appointment of a receiver with power to charge and collect rents and to apply the revenues from the project in accordance with the agreement or mortgage;
2. In the event of a default in the payment or the violation of any agreement contained in the mortgage, the mortgage may be foreclosed and sold in any manner permitted by law;
3. Any trustee under the mortgage or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale.
No breach of any agreement specified in this section may impose any pecuniary liability upon a municipality or county or any charge upon their general credit or against their taxing powers.

History. Laws 1965, ch. 112, § 95; W.S. 1957, § 15.1-95; W.S. 1977, § 15-1-804; Laws 1980, ch. 38, § 1.

§ 15-1-705. Leasing; prior determinations; record; agreement required; provisions thereof.

Before leasing any project the governing body shall determine the:
1. Project furthers the public purpose of providing health care facilities in the state or meets the following public purposes:
  1. Creating new or additional employment opportunities;
  2. Expanding the tax base and increasing sales, property or other tax revenues to the municipality or county;
  3. Maintaining and promoting a stable, balanced and diversified economy among agriculture, natural resource development, business, commerce and trade;
  4. Promoting or developing use of agricultural, manufactured, commercial or natural resource products within or without the state.
2. Amount necessary to pay the principal and interest on the bonds proposed to finance the project;
3. Amount necessary to be paid into any reserve funds which the governing body establishes in connection with the retirement of the proposed bonds and the maintenance of the project;
4. Estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms under which the project is to be leased provide that the lessee shall maintain and carry all proper insurance on the project;
5. Manner in which the amount necessary to pay any charges negotiated as hereinafter set forth, in lieu of taxes shall be determined.
No bonds shall be issued pursuant to the provisions of this article to acquire, construct or improve a project unless the governing body makes the determinations and findings required by paragraph (a)(i) of this section. However, in the case of bonds issued to acquire, construct or improve a pollution control facility or to acquire an undivided interest as a tenant in common in pollution control facilities and any land, building, other improvement and real or personal property necessary and appurtenant thereto, the governing body shall not be required to make the determinations and findings required by paragraph (a)(i) of this section but shall be authorized to issue bonds upon determining the project will assist in reducing, preventing, abating or eliminating pollution in the municipality or county and will facilitate and promote the protection of the natural environment of the municipality or county. The determinations and findings of the governing body shall be set forth in the record of proceedings at which the proposed bonds are authorized. Before issuing the bonds the municipality or county shall lease the project under an agreement conditioned upon completion of the project and providing for payment of such rentals as, upon the basis of the determinations and findings are sufficient to pay the:
1. Principal and interest on the bonds;
2. Any charges negotiated as hereinafter set forth, in lieu of taxes, to build up and maintain any necessary reserves; and
3. The costs of maintaining the project in good repair and keeping it properly insured, unless the lease obligates the lessees to pay for the maintenance and insurance of the project.
Subject to the limitations of this article, the lease or its extensions or modifications may contain other terms and conditions mutually acceptable to the parties, and notwithstanding any other provisions of law relating to the sale of property owned by municipalities and counties, the lease may contain an option for the lessees to purchase the project.

History. Laws 1965, ch. 112, § 96; W.S. 1957, § 15.1-96; Laws 1967, ch. 95, § 4; W.S. 1977, § 15-1-805; Laws 1979, ch. 107, § 1; 1980, ch. 38, § 1; 1981, ch. 124, § 1; 1982, ch. 33, § 1.

Provisions cannot be compared with the Wyoming community development provisions, § 9-7-101 et seq., because, under this article, it is absolutely clear that only the revenues of the project are responsible for payment of the revenue bonds and the tax revenues and the taxing powers of the city are not under any circumstances subjected to appropriation to satisfy the indebtedness. This article does not have the same tax implications and manipulations of public tax money which are found so openly referred to and relied upon to back up and pay off the proposed bonds as in the Wyoming Community Development Act. Witzenburger v. State, 575 P.2d 1100, 1978 Wyo. LEXIS 266 (Wyo.), reh'g denied, 577 P.2d 1386, 1978 Wyo. LEXIS 289 (Wyo. 1978).

Evidence of area's current economic base required to determinewhether project promotes economy. —

In order to determine that a project helps to maintain and promote “a stable, balanced and diversified economy,” as called for by subparagraph (a)(i)(C), there must be evidence concerning the area's current economic base. Evidence must be presented relating to the area's economic sectors of agriculture or natural resource development. Without such evidence, the governing body's actions must be set aside as an abuse of discretion. Holding's Little Am. v. Board of County Comm'rs, 712 P.2d 331, 1985 Wyo. LEXIS 617 (Wyo. 1985).

§ 15-1-706. Refunding bonds; general procedure; limitations.

Any municipality or county may refund at any time any bonds issued under this article and outstanding, including without limitation short-term bonds issued in anticipation of the issuance of long-term bonds, by issuing refunding bonds in an amount sufficient to refund the principal together with any unpaid interest and any necessary premiums and commissions. An issue of refunding bonds may be combined with an issue of additional revenue bonds on any project if consistent with the requirements of W.S. 15-1-705 . Any refunding may be effected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds in payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of any bonds to be refunded are not compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are by their terms subject to redemption by option or otherwise. Any refunding bonds are subject to the provisions of W.S. 15-1-703 and may be secured as provided in W.S. 15-1-704 . The principal proceeds from the sale of any refunding bonds shall be applied only as follows:
1. To the immediate payment and retirement of the bonds being refunded; or
2. To the extent not required for the immediate payment of the bonds being refunded then the proceeds shall be deposited in trust to provide for the payment and retirement of the bonds being refunded and to pay any expenses incurred in connection with refunding but provision may be made for the pledging and disposition of any surplus, including, without limitation, provision for the pledging of any surplus to the payment of the principal of and interest on any issue or series of refunding bonds. Money in any trust fund may be invested in direct obligations of or obligations the principal of and interest on which are guaranteed by the United States government or obligations of any agency or instrumentality of the United States government. Nothing in this paragraph shall be construed as a limitation on the duration of any deposit in trust for the retirement of bonds being refunded but which shall not have matured and which shall not be presently redeemable or if presently redeemable, shall not have been called for redemption.

History. Laws 1965, ch. 112, § 97; W.S. 1957, § 15.1-97; W.S. 1977, § 15-1-806; Laws 1980, ch. 38, § 1; 1981, ch. 124, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 15-1-707. Use of bond proceeds for certain purposes; actual project costs.

The proceeds from the sale of any bonds issued under this article shall be applied only for the purpose for which the bonds were issued. Any accrued interest and premiums received on the sale shall be applied to the payment of the principal or the interest on the bonds sold. If any portion of the proceeds is not needed for the purpose for which the bonds were issued, then the unneeded portion shall be applied to the payment of the principal or the interest on the bonds. The cost of acquiring or improving any project shall include the actual cost of:
1. Acquiring or improving the real estate;
2. Construction of all or any part of the project, including architects’ and engineers’ fees;
3. All expenses in connection with the authorization, sale and issuance of the bonds to finance the acquisition or improvement; and
4. Interest on the bonds for a reasonable time prior to construction, during construction and for not more than six (6) months after completion of construction.

History. Laws 1965, ch. 112, § 98; W.S. 1957, § 15.1-98; W.S. 1977, § 15-1-807; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 15-1-708. Taxation or imposition of fee; amount; general procedure.

Notwithstanding that title to a project may be in a municipality or county, any project initiated or proceedings instituted prior to February 16, 1967, by the execution of a contract between any municipality and a lessee or proposed lessee for the acquisition of a project, are subject to taxation to the same extent, in the same manner and under the same procedures as privately owned property in similar circumstances if the projects are leased to or held by private interests on both the assessment date and the date the levy is made in any year, unless the governing body and the lessee or proposed lessee agree upon an annual fee pursuant to the provisions of subsection (b) of this section. The projects are not subject to taxation if they are not leased to or held by private interests on both the assessment date and the date the levy is made in any year. If personal property owned by a municipality or county is taxed under this section and the taxes are delinquent, levy by distress warrant for collection of the delinquent taxes may be made only on the personal property against which the taxes were levied.
Projects initiated after February 16, 1967, are exempt from ad valorem taxes, but the governing body shall negotiate with the proposed lessee an annual fee in lieu of taxes, which shall fully compensate the state, the political subdivisions and other recipients of ad valorem taxes for the share each would have received had this exemption not been authorized. The annual fee, if payable to a municipality, shall be remitted by the municipality to the county treasurer of the county wherein the project is located before January 1 of the year following the year for which the fee is collected. The county treasurer shall distribute the fee together with similar fees collected from county projects to the state, the political subdivisions and other recipients of ad valorem taxes in the same manner and proportions as the ad valorem tax revenues received by the county are distributed as by law provided.

History. Laws 1965, ch. 112, § 99; W.S. 1957, § 15.1-99; Laws 1967, ch. 95, § 5; W.S. 1977, § 15-1-808; Laws 1980, ch. 38, § 1.

§ 15-1-709. Advice and information.

The executive director of the Wyoming business council and the University of Wyoming shall furnish advice and information in connection with a project when requested to do so by a county or municipality.

History. Laws 1965, ch. 112, § 100; W.S. 1957, § 15.1-100; Laws 1969, ch. 94, § 24; W.S. 1977, § 15-1-809; Laws 1980, ch. 38, § 1; 2010, ch. 69, § 301.

The 2010 amendment, effective July 1, 2010, substituted “Wyoming business council” for “department of economic planning and development.”

§ 15-1-710. Alternative procedures authorized; other provisions applicable; form of transaction; exceptions.

Pursuant to this section and as an alternative to the procedures set forth in W.S. 15-1-701 through 15-1-708 , a municipality or county may issue revenue bonds to defray the cost of acquiring, constructing or improving any project regardless of whether or not the municipality or county acquires any ownership interest in the project. The municipality or county may authorize the user of the project, or an agent of the user or a trustee, to disburse the proceeds of the revenue bonds to pay only those costs of the project specified in W.S. 15-1-707 and only upon the conditions that the user agrees to complete the acquisition or construction of the project and pay to the municipality or county an amount sufficient to pay, when due, the principal, interest and premium, if any, on the revenue bonds, and any other expenses incurred by the municipality or county in connection therewith. The revenue bonds are payable solely from the revenues derived from payments to the municipality or county by the user of the project. These revenues may be pledged and assigned to a trustee for the benefit of the bondholders. The revenues are not deemed to be revenues of any project.
If the project is financed pursuant to this section, the provisions of W.S. 15-1-701 through 15-1-708 apply. However, the procedures shall contemplate and authorize a transaction in the form provided in this section rather than a transaction in the form of a lease or sale of a project, except that:
1. The revenue bonds issued pursuant to this section are not subject to the provisions of W.S. 15-1-704(a), but shall be secured by a pledge of the agreement of the user enterprise to pay principal, interest and premium, if any, on the bonds and any and all other expenses in connection with the bonds, and may be secured by any other agreement or obligation of the user enterprise or any other person;
2. The governing body of the municipality or county shall make similar determinations and findings as and where required by W.S. 15-1-705 before issuing bonds under this section;
3. Title to or in the project may at all times remain in the user or in any other person; and
4. The agreement or contract of the user with the municipality or county may include provisions the municipality or county deems appropriate to effect the financing of the proposed undertaking.

History. Laws 1975, ch. 196, § 1; W.S. 1957, § 15.1-100.1; W.S. 1977, § 15-1-810; Laws 1980, ch. 38, § 1; 1981, ch. 124, § 1.

Article 8. Off-Street Parking

§ 15-1-801. Construction authorized; financing; security.

The governing body of any city or town may construct and provide off-street parking facilities to reduce street congestion.
A city or town may:
1. Appropriate by ordinance all or any portion of the revenues derived from the use of parking meters for the creation, purchase, lease, construction and maintenance of off-street parking facilities;
2. Pledge on-street parking meter funds, or proceeds of gasoline taxes in the manner and subject to the limitations prescribed by W.S. 15-6-437 , as additional security for the bonds authorized in paragraph (iii) of this subsection;
3. Issue revenue bonds for the creation, purchase, lease, construction and maintenance of off-street parking facilities, or refunding revenue bonds to refund, pay or discharge all or a part of its off-street parking facility revenue bonds, including interest. The procedure for issuing revenue or refunding revenue bonds is the same as that prescribed by W.S. 35-2-424 through 35-2-436 , as from time to time amended;
4. If parking meters are not used, use any other funds available to carry out the provisions of this article.

History. Laws 1965, ch. 112, §§ 101, 102, 103, 104; W.S. 1957, §§ 15.1-101, 15.1-102, 15.1-103, 15.1-104; Laws 1967, ch. 146, § 1; 1971, ch. 169, § 1; 1973, ch. 121, § 1; W.S. 1977, §§ 15-1-901 to 15-1-904 ; Laws 1980, ch. 38, § 1; 1981, ch. 143, § 1.

Cross references. —

As to eminent domain generally, see §§ 1-26-501 through 1-26-817 and Rule 71.1, W.R.C.P.

As to powers of local authorities relative to motor vehicles and traffic generally, see §§ 31-5-109 and 31-5-110 .

As to stopping, standing and parking generally, see §§ 31-5-501 to 31-5-512 .

Procedure. —

City's use of a resolution, rather than an ordinance, to authorize revenue bonds to finance construction of a parking facility, was in compliance with Wyo. Stat. Ann. § 15-1-801 , which unambiguously authorizes the city to issue revenue bonds for parking facilities by following the procedures set forth in Wyo. Stat. Ann. §§ 35-2-424 through 35-2-436 . Mathewson v. City of Cheyenne, 2003 WY 10, 61 P.3d 1229, 2003 Wyo. LEXIS 10 (Wyo. 2003).

Applied in

Town of Lovell v. Menhall, 386 P.2d 109, 1963 Wyo. LEXIS 117 (Wyo. 1963).

Am. Jur. 2d, ALR and C.J.S. references. —

Establishment or operation of off-street public parking facilities, 8 ALR2d 373.

Permissible use of funds from parking meters, 83 ALR2d 625.

§ 15-1-802. [Repealed.]

Repealed by Laws 1995, ch. 178, § 1.

Editor's notes. —

This section, which derived from Laws 1965, ch. 112, § 105, related to prohibited products and services.

Article 9. Band Concerts

§ 15-1-901. Concerts and payment authorized; membership.

Any city or town may provide public band concerts for the entertainment of their residents and pay the expense out of any monies in the general fund. The band concerts shall be given at a place designated by the governing body.

History. Laws 1965, ch. 112, § 106; W.S. 1957, § 15.1-106; W.S. 1977, § 15-1-1001 ; Laws 1980, ch. 38, § 1; 2007, ch. 58, § 1.

Cross references. —

As to public parks, recreational areas, etc., generally, see §§ 15-7-301 to 15-7-305 .

The 2007 amendment, deleted the last sentence, which read: “No band may be employed to give concerts other than a regularly organized band whose members are residents of the city or town where the concert is given.”

Laws 2007, ch. 58, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 16, 2007.

§ 15-1-902. Tax levy.

Any city or town when authorized may levy each year for band concerts, a tax not exceeding one (1) mill on the dollar of all taxable property within its boundaries. The revenue obtained therefrom shall be used only for band concerts.

History. Laws 1965, ch. 112, §§ 107, 111; W.S. 1957, §§ 15.1-107, 15.1-111; W.S. 1977, §§ 15-1-1002 , 15-1-1006 ; Laws 1980, ch. 38, § 1.

Law reviews. —

See “Administration of the General Property Tax in Wyoming,” 4 Wyo. L.J. 227.

§ 15-1-903. Tax levy; petition for election thereon; form of question; vote required; limitation.

If a petition signed by fifteen percent (15%) of the qualified electors who are real property holders within the city or town is filed with the clerk requesting that the question of a levy for band purposes be submitted to the election of the city or town, the governing body shall submit the question to the voters at the next general municipal election as follows: “Shall a tax not exceeding . . . . . . . . . . . . . . . . . . . . mill be levied each year on all taxable property within the boundaries of the . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . for the purpose of providing a fund for the maintenance or employment of a municipal band for musical purposes?”
If a majority of votes cast favor the proposition, the governing body shall in each subsequent year levy the tax as approved by the electors in the petition but not exceeding one (1) mill on the dollar on all taxable property within the city or town.

History. Laws 1965, ch. 112, §§ 108, 109; W.S. 1957, §§ 15.1-108, 15.1-109; W.S. 1977, §§ 15-1-1003 , 15-1-1004 ; Laws 1980, ch. 38, § 1.

§ 15-1-904. Tax levy; petition for election on discontinuing; form of question; vote required.

If a petition signed by fifteen percent (15%) of the qualified electors who are real property holders within the city or town is filed with the clerk requesting that the question of discontinuing the levy for band concerts be submitted to the voters, the governing body shall submit the question at the next general municipal election as follows: “Shall the levy of a tax for the purpose of providing a fund for the maintenance or employment of a municipal band for municipal purposes be discontinued?”
If a majority of the votes are in the affirmative, the levy shall be discontinued.

History. Laws 1965, ch. 112, § 110; W.S. 1957, § 15.1-110; W.S. 1977, § 15-1-1005 ; Laws 1980, ch. 38, § 1.

Article 10. Dissolution

§ 15-1-1001. When authorized; vote required; transfer of assets.

If the population residing within the corporate limits of any city or town is thirty-five (35) persons or less according to an accurate census made in the manner specified in this article, three-fourths (3/4) of the members of the governing body or if there is no governing body, a majority of those persons living within the county in which the municipality is situated who were members of the last governing body, may resolve to dissolve its municipal corporate status. Those persons may give, transfer, convey or assign all or any part of the municipal corporate assets, including money, property and rights, titles and interests of any nature to the nearest city or town within the same county.

History. Laws 1965, ch. 112, § 112; W.S. 1957, § 15.1-112; W.S. 1977, § 15-1-1101 ; Laws 1980, ch. 38, § 1.

§ 15-1-1002. Census; when taken; affidavit.

In order to determine whether its resident corporate population is thirty-five (35) persons or less, the governing body or the persons of the last governing body shall cause an accurate census to be taken of the resident population of the city or town on some day not more than forty (40) days prior to the date of passage of the resolution to dissolve its municipal corporate status. The census shall name every head of a family residing within the municipality on that day and the number of persons then belonging to every family. The person or persons taking the census shall verify it by affidavit.

History. Laws 1965, ch. 112, § 113; W.S. 1957, § 15.1-113; W.S. 1977, § 15-1-1102 ; Laws 1980, ch. 38, § 1.

§ 15-1-1003. Disposition of assets; use by receiving city or town.

The city or town receiving the assets becomes the absolute and unconditional owner of that property. The receiving city or town shall deposit all money so received to its general fund and may make expenditures thereof for any lawful purpose. All other assets may be managed or disposed of in any manner provided by law.

History. Laws 1965, ch. 112, § 114; W.S. 1957, § 15.1-114; W.S. 1977, § 15-1-1103 ; Laws 1980, ch. 38, § 1.

§ 15-1-1004. Disposition of assets; resolution and statement; when filed; contents.

Any city or town disposing of all or any part of its assets, within sixty (60) days after the date of the first of such transfers, shall file a certified copy of its resolution of dissolution in the office of the secretary of state. The resolution shall be accompanied by a true and correct verified statement of the mayor, president of the council or clerk of the governing body, or of the chairman or mayor of the last governing body, setting forth the nature, description and extent of the assets, the date or dates on which transfers were made, the recipient of the assets, a certified copy of the census and all proper instruments of conveyance necessary to transfer any remaining assets to the state of Wyoming.

History. Laws 1965, ch. 112, § 115; W.S. 1957, § 15.1-115; W.S. 1977, § 15-1-1104; Laws 1980, ch. 38, § 1.

§ 15-1-1005. Certificate of dissolution; issuance and filing thereof; date of dissolution.

The secretary of state shall thereafter issue to the mayor, president of the council, or clerk or chairman of the former governing body a certificate of dissolution, together with a certified copy thereof which shall be filed in the office of the county clerk of the county in which the city or town was situated.
The municipal corporate status shall be dissolved upon the date the secretary of state issues a certificate of dissolution, if a certified copy of the certificate is filed in the office of the county clerk of the county in which the municipality was situated within ten (10) days after that date. Otherwise the date of dissolution is the date upon which the certified copy of the certificate of dissolution is filed in the proper county office.

History. Laws 1965, ch. 112, §§ 116, 117; W.S. 1957, §§ 15.1-116, 15.1-117; W.S. 1977, §§ 15-1-1105, 15-1-1106; Laws 1980, ch. 38, § 1.

§ 15-1-1006. Certificate of dissolution; presumption upon filing; escheat of assets.

If the certified copy of the certificate of dissolution is filed, it is presumed that the dispositions of all municipal corporate assets was made in substantial compliance with this article. All other assets belonging to the city or town not described in the statement or instrument of conveyance filed with the secretary of state shall escheat to the state in the manner and for the uses and purposes provided by law.

History. Laws 1965, ch. 112, § 118; W.S. 1957, § 15.1-118; W.S. 1977, § 15-1-1107; Laws 1980, ch. 38, § 1.

Article 11. Quasi-Municipal Districts

§ 15-1-1101. Definition.

As used in this article, “quasi-municipal district” means any sanitary and improvement district organized pursuant to W.S. 35-3-101 through 35-3-107 and 35-3-109 through 35-3-121 or any water district, sewer district or water and sewer district organized pursuant to W.S. 41-10-101 through 41-10-151 .

History. Laws 1969, ch. 167, § 1; W.S. 1957, § 15.1-118.1; W.S. 1977, § 15-1-1201; Laws 1980, ch. 38, § 1.

§ 15-1-1102. Validation of prior organizations; generally.

The organization or reorganization of any quasi-municipal district by decree, order or amendment thereof entered prior to March 5, 1969, is validated.
All acts and proceedings prior to March 5, 1969, by or on behalf of any quasi-municipal district under law or under color of law, including but not limited to the terms, provisions, conditions and covenants of any resolution or motion appertaining to the authorization or issuance of bonds or coupons, are validated, notwithstanding any lack of power or authority, or any defects and irregularities in the acts and proceedings.

History. Laws 1969, ch. 167, §§ 2, 3; W.S. 1957, §§ 15.1-118.2, 15.1-118.3; W.S. 1977, §§ 15-1-1202, 15-1-1203; Laws 1980, ch. 38, § 1.

§ 15-1-1103. Validation of prior organizations; legislative authority; exceptions.

This article provides necessary legislative authority to validate any organization or reorganization or act or proceeding which the legislature could have authorized in the laws under which the organization or reorganization was accomplished and pursuant to which the acts or proceedings were taken. This article does not validate the organization or reorganization of any quasi-municipal district, or any act, proceeding or other matter the legality of which is being contested or inquired into in any legal proceeding now pending and undetermined and does not validate the organization or reorganization of any quasi-municipal district, or any act, proceeding or other matter which has been determined in any legal proceeding to be illegal, void or ineffective.

History. Laws 1969, ch. 167, § 4; W.S. 1957, § 15.1-118.4; W.S. 1977, § 15-1-1204; Laws 1980, ch. 38, § 1.

Chapter 2 Incorporated Towns

Cross references. —

For general provisions applicable to cities and towns, see §§ 15-1-101 to 15-1-1103 .

As to definition of “town,” see § 15-1-101 .

As to powers of governing bodies of cities and towns generally, see § 15-1-103 .

For constitutional provisions as to municipal corporations generally, see art. 13, §§ 1 to 5, Wyo. Const.

As to county organization, see §§ 18-1-301 to 18-1-320 .

Am. Jur. 2d, ALR and C.J.S. references. —

56 Am. Jur. 2d Municipal Corporations § 1 et seq.

Article 1. In General

Cross references. —

For provision that no person except a qualified elector shall be elected or appointed to any civil or military office in the state, see art. 6, § 15, Wyo. Const.

As to consolidation of offices in state, county and municipalities, see art. 14, § 6, Wyo. Const.

§ 15-2-101. Governing body generally.

The governing body when organized is a body corporate and politic with perpetual succession, to be known by the name designated and is capable of suing and being sued and of pleading and being impleaded in all courts and places.

History. Laws 1965, ch. 112, § 119; W.S. 1957, § 15.1-119; Laws 1980, ch. 38, § 1.

Law reviews. —

For article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” see VII Land & Water L. Rev. 617 (1972).

§ 15-2-102. Officers; election, appointment and removal; conditions for appointive office or position.

The officers of a town are a mayor and four (4) councilmen, all of whom shall be elected. Unless otherwise provided by ordinance, the clerk, treasurer, marshal, attorney, municipal judge and department heads as specified by ordinance shall be appointed by the mayor with the consent of the governing body and may be removed by the mayor for incompetency or neglect of duty. All other appointments, except the appointment of members of a board or commission, and removals shall be made by the mayor without consent of the governing body, unless consent is required by separate statute. The governing body shall determine the method of appointing members of a board or commission, unless the method of appointing such members is specified by separate statute.
The governing body, by ordinance or resolution, may specify conditions for any office or position to which a person is appointed under this section including:
1. Level or range of salary;
2. A description of the duties and responsibilities of the office or position;
3. Term of appointment;
4. Requirements for:
  1. Promotion;
  2. Suspension; and
  3. Hearing of appeals from decisions of the mayor to remove or discharge an appointee other than members of a board or commission, after which the governing body may affirm, modify or reverse the mayor’s decision; and
5. Other matters which are part of the personnel policies of the town.

History. Laws 1965, ch. 112, § 120; W.S. 1957, § 15.1-120; Laws 1980, ch. 38, § 1; 1984, ch. 34, § 2; 1985, ch. 42, § 1; 1993, ch. 124, § 1; 1997, ch. 68, § 1.

Cross references. —

As to powers and duties of mayor, see § 15-1-108 .

For elective officers of first class city and their terms of office, see § 15-11-103 .

Town employees possess constitutionally protected propertyright. —

Former employees of a town who held positions as chief of police, city clerk, treasurer, and supervisor of public works, possessed a constitutionally protected property right in continued employment; however, that right extended only until the end of their term of office, at which time the incoming mayor and town council had the option to replace them by authority granted by subsection (a). Farnsworth v. Pinedale, 968 F.2d 1054, 1992 U.S. App. LEXIS 15225 (10th Cir. Wyo. 1992).

Due process right to pretermination notice and hearing. —

A municipal judge has an identifiable property right in his office and, therefore, has a federal constitutional right to due process of law that demands notice of the cause for his discharge and a hearing on the existence of the cause prior to termination of his appointment to office. Art. 1, § 6, Wyo. Const., affords equivalent protection in such a case. Town of Upton v. Whisler, 824 P.2d 545, 1992 Wyo. LEXIS 4 (Wyo. 1992).

Town mayor and council properly eliminated police department, thereby terminating the plaintiff's employment as a police officer with the town, where the defendant town officials showed good cause, as required by the town's personnel policies by stating that the police department was eliminated for financial reasons; allegations were insufficient to allow a reasonable jury to conclude that the elimination of the police department was pretextual or due to personal animosity between the mayor and the police chief, in light of the financial savings which were realized and the fact that the defendants were simply fulfilling publicly made campaign promises. Farnsworth v. Pinedale, 968 F.2d 1054, 1992 U.S. App. LEXIS 15225 (10th Cir. Wyo. 1992).

§ 15-2-103. Officers; salaries.

The governing body shall fix the salaries for the mayor and councilmen in towns not operating under the commission or city manager form of government. The salaries shall be fixed before their terms begin and shall not change during the term for which they are elected. The salary for mayor shall be paid in twelve (12) or more installments and may not exceed the maximum of twenty-four thousand dollars ($24,000.00) per year. The salary for each councilman shall be not less than ten dollars ($10.00) nor more than one hundred fifty dollars ($150.00) for actual attendance at each regular or special meeting. All appointed officers shall receive the salary or compensation as provided by law or ordinance.

History. Laws 1965, ch. 112, § 123; W.S. 1957, § 15.1-123; Laws 1980, ch. 38, § 1; 1983, ch. 66, § 1; 2002 Sp. Sess., ch. 8, § 1.

Cross references. —

For constitutional provisions that all state, city, county, town and school officers (with certain exceptions) shall be paid fixed and definite salaries, and for duty of such officers to pay all fees collected into the proper treasury, see art. 14, §§ 1 and 2, Wyo. Const.

§ 15-2-104. Mayoral veto; overriding thereof; failure to act.

The mayor is entitled to sign or veto any ordinance passed by the governing body and to sign or veto any order, bylaw, resolution, award or vote to enter into any contract or the allowance of any claim. A veto may be overridden by a vote of two-thirds (2/3) of the qualified members of the council. If the mayor neglects or refuses to sign any ordinance and fails to return it with his objections in writing at the next regular meeting of the governing body, it becomes law without his signature. The mayor may veto any item of any appropriation ordinance and approve the remainder thereof. The items vetoed may be passed over the veto as in other cases. The mayor does not have a vote in any matter involving the override of a veto.

History. Laws 1984, ch. 34, § 1.

Cross references. —

As to mayoral veto power in first class cities, see § 15-3-201 .

Article 2. Finances and Claims

§ 15-2-201. Fiscal year; appropriations; taxes; certification; expenditures; contracts and expenses; exception.

The fiscal year of each town begins July 1 in each year. Except as provided in W.S. 16-4-104(h), the governing body, within the last quarter of each fiscal year, shall pass an annual appropriation ordinance for the next fiscal year in which it may appropriate an amount of money necessary to defray all expenses and liabilities of the town. The ordinance shall specify the objects and purposes for which the appropriations are made and the amount appropriated for each object or purpose. No further appropriation may be made at any other time within the fiscal year, except as provided in W.S. 16-4-112 through 16-4-114 . The total amount appropriated shall not exceed the probable amount of revenue that will be collected during the fiscal year.
The governing body of each incorporated town, prior to adoption of the budget, shall determine the amount of general taxes necessary to provide for the current expenses of the town and determine the amount of any special tax or assessment levies.
After the governing body has passed an ordinance fixing the amount of taxes necessary as provided by subsection (b) of this section, the town clerk under the supervision of the mayor shall certify the amount of money to be collected to the county clerk.
Repealed by Laws 1985, ch. 152, § 4.
No contract or expenditure shall be made by the governing body or any committee or member thereof, or any of the officers of the town, unless an appropriation therefor has been previously made.
The provisions of this section do not apply to towns during the first year of their corporate existence.

History. Laws 1965, ch. 112, §§ 154 to 157; W.S. 1957, §§ 15.1-154 to 15.1-157; W.S. 1977, §§ 15-2-201 to 15-2-204 ; Laws 1977, ch. 45, § 2; 1980, ch. 38, § 1; 1985, ch. 152, §§ 2, 4; 2001, ch. 194, § 1; 2009, ch. 90, § 2.

Cross references. —

As to power of cities and towns to levy and collect taxes, assessments, etc., for general revenue and other purposes, see § 15-1-103 .

As to fiscal year of state, see § 9-4-101 .

The 2009 amendment, effective July 1, 2009, substituted “begins July 1 in each year” for “begins May 1 in each year or at such other time fixed by ordinance” in the first sentence.

Editor's notes. —

Laws 2009, ch. 90, § 4, effective July 1, 2009, provides: “It is the intent of this act to impose a fiscal year of July 1 through June 30 on all governmental entities in this state, including all agencies, boards, commissions, institutions, instrumentalities, political subdivisions and special districts, no matter how formed, unless specifically exempted or otherwise authorized by law. The intent of this act is to repeal any noncodified provision which conflicts with the provisions of this act, including but not limited to earlier adopted government reorganization acts. Any entity required to change its current fiscal year of operation may elect to extend its current fiscal year or shorten its current fiscal year and commence its next fiscal year on July 1, 2009 or July 1, 2010, as it finds most convenient and efficient for its circumstances.”

Power to exceed appropriation limited. —

Where there were no dangerous conditions when a contract for street improvements was let, municipal authorities cannot exceed the annual appropriation. Tobin v. Town Council of Sundance, 45 Wyo. 219, 17 P.2d 666, 1933 Wyo. LEXIS 5 (Wyo. 1933).

But sums spent in violation of section not recoverable. —

Where contract was let in violation of competitive bidding and expenditures were in excess of appropriation statute and the contract was held void, the town accepting and retaining the benefit of street improvements, under the circumstances, cannot recover back money paid under the void contract. Tobin v. Town Council of Sundance, 45 Wyo. 219, 17 P.2d 666, 1933 Wyo. LEXIS 5 (Wyo. 1933).

City could not avoid contractual obligation by refusing toappropriate funds.

Summary judgment should not have been granted in favor of the city, but instead should have been granted in favor of the union, because the collective bargaining agreement was ambiguous, it was undisputed that the five firefighters were eligible for step increases in pay, the union presented evidence of past practices indicating that the agreement should be interpreted to require step increases for all eligible firefighters, and the city offered no evidence refuting that of the union; moreover, there was no merit in the city's suggestion that it could avoid a contractual obligation by refusing to appropriate funds to pay that obligation. Sheridan Fire Fighters Local No. 276 v. City of Sheridan, 2013 WY 36, 303 P.3d 1110, 2013 Wyo. LEXIS 40 (Wyo. 2013).

Appellate review limited. —

Finding by trial court on conflicting evidence that no emergency existed authorizing town in exceeding its annual appropriation bill will not be disturbed by the supreme court, as the trial court's findings are binding. Tobin v. Town Council of Sundance, 45 Wyo. 219, 17 P.2d 666, 1933 Wyo. LEXIS 5 (Wyo. 1933).

§ 15-2-202. [Renumbered.]

Renumbered by Laws 1985, ch. 152, § 3.

Cross references. —

For present provisions as to presentation and payment of claims, see § 15-1-125 .

§ 15-2-203. Treasurer's accounts; contents; report.

The treasurer of the town shall keep his accounts so as to show when and from what sources all monies paid to him have been derived and to whom and when the monies or any part thereof have been paid out. His books, accounts and vouchers are at all times subject to examination by the governing body or any elector of the town. It is the duty of the treasurer to provide the governing body with a financial report at such times, but not less than quarterly, and in a form as the governing body requires.

History. Laws 1965, ch. 112, § 159; W.S. 1957, § 15.1-159; W.S. 1977, § 15-2-206; Laws 1979, ch. 157, § 2; 1980, ch. 38, § 1; 1985, ch. 152, § 2.

Notice of claim. —

Construction company seeking damages for breach of contract complied with the service requirements of Wyo. Const. art. 16, 7 when it served its notice of claim on the town's mayor, administrator, attorney, and project engineer. The construction company was not required to serve the notice of claim on the town treasurer under this section. Excel Constr., Inc. v. Town of Lovell, 2011 WY 166, 268 P.3d 238, 2011 Wyo. LEXIS 170 (Wyo. 2011).

Language of this section cannot be stretched to find even an obligation for a town treasurer to perform an auditing function, let alone to find an interpretation that makes a town treasurer the sole town official upon whom a governmental claim may be served. It imposes only obligations with respect to how a town's accounts must be maintained, their availability for inspection and a town treasurer's reporting frequency. Excel Constr., Inc. v. Town of Lovell, 2011 WY 166, 268 P.3d 238, 2011 Wyo. LEXIS 170 (Wyo. 2011).

§ 15-2-204. Notice of receipts and expenditures; contents.

Immediately after the end of the fiscal year, the governing body shall publish in a newspaper, if one is published in the town, or if there is none then by posting in three (3) or more public places, an exhibit of the receipts and expenditures specifying:
1. The amount budgeted and actual receipts for all revenue sources;
2. The specific amount and purpose of each appropriation; and
3. The actual expenditures made against each appropriation.
4. Repealed by Laws 1985, ch. 152, § 4.

History. Laws 1965, ch. 112, § 160; W.S. 1957, § 15.1-160; W.S. 1977, § 15-2-207; Laws 1980, ch. 38, § 1; 1985, ch. 152, §§ 2, 4.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Chapter 3 First Class Cities

Cross references. —

As to definition of “first class city,” see § 15-1-101 .

As to powers of cities and towns generally, see § 15-1-103 .

As to annexation, determination of boundaries and addition and exclusion of land, see §§ 15-1-401 through 15-1-422 .

As to planning, see §§ 15-1-501 to 15-1-512 .

As to zoning, see §§ 15-1-601 to 15-1-611 .

For constitutional provisions as to municipal corporations generally, see art. 13, §§ 1 to 5, Wyo. Const.

As to joint city and county buildings, see § 18-2-104 .

For authority of county commissioners to maintain and regulate highway viaducts or subways on any highway including city or town streets within the county, see § 18-4-401 .

For authority of governing body of cities, towns, etc., to establish and maintain recreational facilities and playgrounds, see §§ 18-9-201 and 18-9-202 .

Article 1. In General

Article is a classification of cities within meaning of state constitution (art. 13, § 1, Wyo. Const.) State ex rel. Diers v. Sheldon, 29 Wyo. 233, 213 P. 92, 1923 Wyo. LEXIS 11 (Wyo. 1923).

Cited in

V-1 Oil Co. v. City of Rock Springs, 823 P.2d 1176, 1991 Wyo. LEXIS 200 (Wyo. 1991).

Am. Jur. 2d, ALR and C.J.S. references. —

56 Am. Jur. 2d Municipal Corporations §§ 1 to 878.

62 C.J.S. Municipal Corporations §§ 2, 12 and 35.

§ 15-3-101. Population requirement; issuance of proclamation; receipt as evidence.

If it is ascertained that any city or town has attained a population of more than four thousand (4,000) inhabitants and that fact is certified to the governor by the mayor of the city or town, attested by its seal, the governor, by public proclamation, shall declare the city or town to be a city of the first class. The proclamation shall be published by the city for three (3) consecutive weeks in a newspaper of general circulation in the city. A certified copy of the proclamation shall be recorded in the office of the county clerk of the county in which the city is situated. The record of the proclamation shall be received as evidence of the organization and corporate existence of the city as a city of the first class in any court within the state.

History. Laws 1965, ch. 112, § 161; W.S. 1957, § 15.1-161; Laws 1980, ch. 38, § 1.

Annexation. —

Adjoining landowners had standing to bring a declaratory judgment action regarding a municipal ordinance annexing certain property because, among other things, the annexation brought their land within the city's control given that the city was a city of the first class. Cox v. City of Cheyenne, 2003 WY 146, 79 P.3d 500, 2003 Wyo. LEXIS 177 (Wyo. 2003).

Cited in

Collier v. Hilltop Nat'l Bank, 920 P.2d 1241, 1996 Wyo. LEXIS 99 (Wyo. 1996).

§ 15-3-102. Name; service of process.

The corporate name of each first class city is the city of . . . . . . . . . . . . . . . . . . . . , and the city by that name has perpetual succession. All process whatever affecting any such city shall be served upon the mayor or acting mayor, or, in the absence of both, upon the city clerk.

History. Laws 1965, ch. 112, § 162; W.S. 1957, § 15.1-162; Laws 1980, ch. 38, § 1.

§ 15-3-103. Rights to remain in effect.

No right of property accrued to any city or town, corporation or person under any law previously in force is affected by a city or town becoming a first class city. All ordinances not in conflict with this chapter shall continue in force until amended or repealed by the governing body. Any city or town becoming a first class city retains all its trusts, rights, privileges and indebtedness. All actions commenced by or against any city or town which becomes a first class city shall be continued to final judgment and satisfaction as if its status had not changed.

History. Laws 1965, ch. 112, § 163; W.S. 1957, § 15.1-163; Laws 1980, ch. 38, § 1.

§ 15-3-104. Temporary continuation of existing government.

The government of the city shall continue in authority until the reorganization, which shall be effected by the holding of a regular election under the provisions of law. The governing body may divide the city into not less than three (3) wards to take effect prior to the election.

History. Laws 1965, ch. 112, § 165; W.S. 1957, § 15.1-165; Laws 1980, ch. 38, § 1; 1998, ch. 100, § 2.

Vacancies created by reclassification filled under section. —

Even if it were true that reclassification brought about vacancies in the city offices, this section fills the vacancies by appointment until the reorganization is completed. Marion v. Lander, 394 P.2d 910, 1964 Wyo. LEXIS 117 (Wyo. 1964), reh'g denied, 380 U.S. 989, 85 S. Ct. 1352, 14 L. Ed. 2d 283 (U.S. 1965), cert. denied, 380 U.S. 925, 85 S. Ct. 929, 13 L. Ed. 2d 810, 1965 U.S. LEXIS 1878 (U.S. 1965).

Article 2. Officers

§ 15-3-201. Mayoral veto; overriding thereof; failure to act.

The mayor is entitled to sign or veto any ordinance passed by the governing body and to sign or veto any order, bylaw, resolution, award or vote to enter into any contract, or the allowance of any claim. A veto may be overridden by a vote of two-thirds (2/3) of all the qualified members of the council. If the mayor neglects or refuses to sign any ordinance and fails to return it with his objections in writing at the next regular meeting of the governing body, it becomes law without his signature. The mayor may veto any item of any appropriation ordinance and approve the remainder thereof. The items vetoed may be passed over the veto as in other cases. The mayor does not have a vote in any matter involving the override of a veto.

History. Laws 1965, ch. 112, § 170; W.S. 1957, § 15.1-170; Laws 1980, ch. 38, § 1; 1984, ch. 34, § 2.

Cross references. —

As to powers and duties of mayor generally, including his voting power on propositions before the governing body, see § 15-1-108 .

As to vote required for passage of an ordinance, see § 15-1-115 .

As to mayoral veto power in incorporated towns, see § 15-2-104 .

No veto power in city manager government. —

In all cities of the first class which choose to come under the manager form of government, the mayor is without the power of veto. State ex rel. Keefe v. McInerney, 63 Wyo. 280, 182 P.2d 28, 1947 Wyo. LEXIS 15 (1947). See §§ 15-4-201 and 15-11-105 .

§ 15-3-202. Jurisdiction beyond corporate limits; exception.

The mayor, from time to time, shall communicate to the governing body such information and recommend such measures as in his opinion may tend to improve the finances of the city, the police, health, comfort and general prosperity of the city.
The mayor has jurisdiction as may be vested in him by ordinance:
1. Repealed by Laws 2013, ch. 104 § 2.
2. Except as otherwise provided by this paragraph, in all matters excepting taxation within one–half (1/2) mile of the corporate limits of the city. This paragraph shall not apply to any unincorporated area for which a county has officially adopted a comprehensive plan pursuant to W.S. 18-5-202(b). With the consent of a municipality, a comprehensive plan or a plan under W.S. 9-8-301 may delegate functions to the municipality in whole or in part and exclusively or concurrently with county performance of the functions.

History. Laws 1965, ch. 112, § 171; W.S. 1957, § 15.1-171; Laws 1980, ch. 38, § 1; 2013, ch. 104, §§ 1, 2; 2018, ch. 83, § 1.

The 2013 amendment, effective July 1, 2013, repealed (b)(i) which read: “Over all places within five (5) miles of the corporate limits of the city for the enforcement of health, or quarantine ordinance and regulation thereof; and” and added the last two sentences of (b)(ii).

The 2018 amendment, effective January 1, 2019, in (b), deleted “such” preceding “jurisdiction”; in (b)(ii), added “Except as otherwise provided by this paragraph” at the beginning, deleted former second and third sentences, which read: “The board of county commissioners of any county containing any area over which jurisdiction has been asserted pursuant to this paragraph may enact a resolution nullifying the ordinance as to any unincorporated area of the county subject to the ordinance. Upon the effective date of the resolution the ordinance shall no longer be effective as to the unincorporated area of the county specified in the resolution,” and added the second and third sentences.

Within city's control. —

Landowners had standing to bring a declaratory judgment action regarding a municipal ordinance annexing certain property because, among other things, the annexation brought their land within the city's control under this section. Cox v. City of Cheyenne, 2003 WY 146, 79 P.3d 500, 2003 Wyo. LEXIS 177 (Wyo. 2003).

City's exercise of authority unclear. —

Duty to give notice of an annexation to landowners of adjoining property depended on whether the city exercised authority pursuant to this section, and because it was not clear that the city exercised such authority, it was possible that the landowners did not know of the annexation in question. Cox v. City of Cheyenne, 2003 WY 146, 79 P.3d 500, 2003 Wyo. LEXIS 177 (Wyo. 2003).

Fireworks. —

Applied in

Haddenham v. City of Laramie, 648 P.2d 551, 1982 Wyo. LEXIS 362 (Wyo. 1982).

Cited in

Town of Marbleton v. Town of Big Piney, 719 P.2d 1389, 1986 Wyo. LEXIS 564 (Wyo. 1986).

§ 15-3-203. President of governing body; acting president; election; duties.

The governing body may elect from their number a president who, in the absence of the mayor, shall preside at all meetings of the governing body. If the office of mayor is vacant, the president shall occupy the office until the vacancy is filled. The governing body may elect one (1) councilman to serve temporarily as acting president in the president’s absence. The president and acting president, when occupying the place of the mayor, may exercise all of the powers of that office and have the same privileges as other members of the governing body. All acts of the president or acting president, while so acting, are as binding upon the council and upon the city as if done by the mayor.

History. Laws 1965, ch. 112, § 172; W.S. 1957, § 15.1-172; Laws 1980, ch. 38, § 1.

§ 15-3-204. Appointed officers; removal; conditions for appointive office or position.

Unless otherwise provided by ordinance, the clerk, treasurer, engineer, attorney, fire chief, police chief, municipal judges and department heads as specified by ordinance shall be appointed by the mayor with the consent of the governing body and may be removed by the mayor. All other appointments, except the appointment of members of a board or commission, and removals shall be made by the mayor without consent of the governing body unless consent is required by separate statute. The governing body shall determine the method of appointing members of a board or commission, unless the method of appointing such members is specified by separate statute. The mayor has the power to remove any officer appointed under W.S. 15-1-101 through 15-10-117 for incompetency or neglect of duty.
The governing body, by ordinance or resolution, may specify conditions for any office or position to which a person is appointed under this section including:
1. Level or range of salary;
2. A description of the duties and responsibilities of the position;
3. Term of appointment;
4. Requirements for:
  1. Promotions;
  2. Suspension; and
  3. Hearing of appeals from decisions of the mayor to remove or discharge an appointee other than members of a board or commission, after which the governing body may affirm, modify or reverse the decision of the mayor; and
5. Other matters which are part of the personnel policies of the city.

History. Laws 1965, ch. 112, § 173; W.S. 1957, § 15.1-173; Laws 1980, ch. 38, § 1; 1984, ch. 34, § 2; 1985, ch. 42, § 1; 1997, ch. 68, § 1.

Cross references. —

For provision that mayor shall have the superintending control of all officers of the city, see § 15-1-108 .

Mayor authorized to summarily discharge police chief. —

The mayor of Newcastle had the authority under the law to discharge the chief of police without council approval and without a hearing. Carlson v. Bratton, 681 P.2d 1333, 1984 Wyo. LEXIS 291 (Wyo. 1984).

Employment provision of § 15-1-103 applicable to “at-will” employee. —

Section 15-1-103(a)(xxxvii), relating to positions necessary for the efficient operation of the city or town, was applicable to a municipal garbage man under an “at-will,” as opposed to a fixed-term, contract. Siebken v. Wheatland, 700 P.2d 1236, 1985 Wyo. LEXIS 490 (Wyo. 1985).

In determining whether discharged police chief was given fair hearing, where statute does not provide for notice and hearing, presence or absence of arbitrariness is the ultimate criterion. Cowan v. State, 57 Wyo. 309, 116 P.2d 854, 1941 Wyo. LEXIS 33 (Wyo. 1941).

Admission by ousted officer that he was incompetent to perform duties of his office should be taken into consideration in determining whether he was given fair hearing. Cowan v. State, 57 Wyo. 309, 116 P.2d 854, 1941 Wyo. LEXIS 33 (Wyo. 1941).

Oral notice and hearing were not improper where police chief was given fair hearing or hearings, however informal, and opportunity to defend himself. Cowan v. State, 57 Wyo. 309, 116 P.2d 854, 1941 Wyo. LEXIS 33 (Wyo. 1941).

§ 15-3-205. Salaries; minimum amounts.

The salaries of all officers shall be fixed by ordinance but the salaries of the following officers shall not be less than the following amounts per year:
1. Mayor, six hundred dollars ($600.00);
2. through (iv) Repealed by Laws 1985, ch. 8, § 2.
3. Each councilman, ten dollars ($10.00) for actual attendance at each regular or special meeting of the governing body or any committee meeting.
4. Repealed by Laws 1985, ch. 8, § 2.
All other officers of the city shall receive the compensation fixed by ordinance except as otherwise provided by law.

History. Laws 1965, ch. 112, § 175; W.S. 1957, § 15.1-175; Laws 1980, ch. 38, § 1; 1985, ch. 8, §§ 1, 2.

Cross references. —

As to change of emoluments of officers during term, see § 15-3-213 .

§ 15-3-206. [Renumbered.]

Renumbered by Laws 1985, ch. 209, § 1.

Cross references. —

For present provision on prohibitions, see § 15-1-127 .

§ 15-3-207. Elected officers; qualifications; bonds.

All elected officers shall be qualified electors of the city entitled to vote at all elections therein. Each officer shall give bond in an amount and upon conditions as are provided by ordinance.

History. Laws 1965, ch. 112, § 177; W.S. 1957, § 15.1-177; Laws 1977, ch. 9, § 1; 1980, ch. 38, § 1.

§ 15-3-208. Treasurer; failure to provide required reports; removal; vacancy.

Repealed by Laws 1985, ch. 152, § 4.
If the treasurer neglects or fails to provide financial reports as required by the governing body, the mayor may declare the office vacant and fill the vacancy by appointment according to W.S. 15-3-204 .

History. Laws 1965, ch. 112, § 178; W.S. 1957, § 15.1-178; Laws 1980, ch. 38, § 1; ch. 49, § 2; 1985, ch. 152, §§ 2, 4.

Cross references. —

As to employee bonds, see § 15-1-124 .

As to appointment of treasurer in cities of the first class, see § 15-3-204 .

As to salary of treasurer, see § 15-3-205 .

As to publication of financial statements, see § 15-3-306 .

As to treasurer in cities operating under the commission form of government, see § 15-4-104 .

As to treasurer in cities operating under the city manager form of government, see § 15-4-202 .

As to state treasurer, see § 9-1-409 .

As to county treasurer, see § 18-3-801 et seq.

§ 15-3-209. Treasurer; receiving monies; books and accounts.

The city treasurer shall receive all monies belonging to the city. The clerk and treasurer shall keep their books and accounts in the manner prescribed by W.S. 16-4-101 through 16-4-124 . The books and accounts may be inspected at any time by the mayor, councilmen and other persons designated by law.

History. Laws 1965, ch. 112, § 179; W.S. 1957, § 15.1-179; Laws 1980, ch. 38, § 1; ch. 49, § 2; 1985, ch. 152, § 2.

§ 15-3-210. Treasurer; handling monies; restrictions; removal; vacancy.

The treasurer shall not, either directly or indirectly, use the corporation money or warrants in his custody for his own use and benefit or that of any other person. If anyone violates this provision, the mayor may remove him from office immediately and declare the office vacant. If an office is declared vacant, the mayor shall fill the vacancy by appointment according to W.S. 15-3-204 .

History. Laws 1965, ch. 112, § 180; W.S. 1957, § 15.1-180; Laws 1980, ch. 38, § 1; 1985, ch. 152, § 2.

§ 15-3-211. [Repealed.]

Repealed by Laws 1985, ch. 152, § 4.

Editor's notes. —

This section, which derived from Laws 1965, ch. 112, § 181, related to the treasurer's annual report and registration of warrant. For present provisions as to annual report, see § 15-3-208 .

§ 15-3-212. Engineer; duties; other employees; outside work.

The city engineer shall keep records of all work done for the city and any other records the governing body requires. All such records are public records belonging to the city and shall be turned over to any successor to the office. The city may employ other engineers or assistants for any work for the city either within or without the city limits. Any work done by the city engineer for the city, outside the limits thereof, shall be expressly provided by ordinance.

History. Laws 1965, ch. 112, § 182; W.S. 1957, § 15.1-182; Laws 1980, ch. 38, § 1; 2015, ch. 134, § 1.

The 2015 amendment, effective July 1, 2015, deleted the former second sentence, which read: “Before the governing body makes any contract for any work or improvement exceeding two hundred dollars ($200.00), the city engineer shall submit to the governing body an estimate of the cost thereof.”

Cross references. —

As to appointment of engineer, see § 15-3-204 .

As to state engineer, see §§ 9-1-901 through 9-1-909 .

As to county surveyors, see §§ 18-3-701 through 18-3-705 .

For provisions relative to surveyors and engineers generally, see §§ 33-29-114 through 33-29-139.

Land surveyor accepting office of city engineer is guilty of no crime unless he practices, or offers to practice, professional engineering. State v. Butler, 40 Wyo. 404, 278 P. 563, 1929 Wyo. LEXIS 49 (Wyo. 1929).

§ 15-3-213. Change of emoluments during term prohibited.

The emoluments of any elective officer shall not be increased or diminished during the term for which he was elected. No person who has resigned or vacated any office is eligible to the same office during the time for which he was elected or appointed, if during the same time the emoluments have been increased.

History. Laws 1965, ch. 112, § 183; W.S. 1957, § 15.1-183; Laws 1980, ch. 38, § 1.

Cross references. —

As to salaries of officers, see § 15-3-205 .

For constitutional provision that all state, city, county, town and school officers (with certain exceptions) shall be paid fixed and definite salaries, and for duty of such officers to pay all fees collected into the proper treasury, see art. 14, §§ 1 and 2, Wyo. Const.

Article 3. Finances

Am. Jur. 2d, ALR and C.J.S. references. —

56 Am. Jur. 2d Municipal Corporations §§ 579 to 671; 63A Am. Jur. 2d Public Funds § 1 et seq.

64 C.J.S. Municipal Corporations §§ 1118, 1119; 64A C.J.S. Municipal Corporations §§ 1621 to 1885.

§§ 15-3-301 through 15-3-305. [Repealed.]

Repealed by Laws 1985, ch. 152, § 4.

Cross references. —

For present provisions as to presentation and payment of claims, see § 15-1-125 .

As to present provision relating to the collection of city or town monies, see § 15-1-126 .

Editor's notes. —

These sections, which derived from Laws 1965, ch. 112, §§ 184 to 189, 191, related to finances.

§ 15-3-306. Financial statements to be published.

The governing body shall cause to be published a semiannual interim financial statement and an annual statement of the financial condition of the city.

History. Laws 1965, ch. 112, § 190; W.S. 1957, § 15.1-190; W.S. 1977, § 15-3-307; Laws 1980, ch. 38, § 1; 1985, ch. 152, § 2.

Article 4. Actions and Claims

Am. Jur. 2d, ALR and C.J.S. references. —

64A C.J.S. Municipal Corporations §§ 1935 to 1973.

§ 15-3-401. Actions; when showing legal compliance required.

If any suit is instituted by or against any city under the law governing cities of the first class, in any of the courts of this state, the city is not required to show its compliance with the provisions thereof, as to its organization or the passage, adoption or publication of its ordinances, unless they are controverted by affidavit.

History. Laws 1965, ch. 112, § 192; W.S. 1957, § 15.1-192; Laws 1980, ch. 38, § 1.

§ 15-3-402. Actions; recovering penalty or fine; generally.

All actions brought to recover any penalty or fine shall be brought in the corporate name of the city and the recoveries, when collected, shall be paid into the city treasury. The process in every such action shall be a warrant, and the person named therein shall be arrested and taken before the municipal court for trial.

History. Laws 1965, ch. 112, § 193; W.S. 1957, § 15.1-193; Laws 1980, ch. 38, § 1; 2004, ch. 42, § 1.

The 2004 amendment substituted “municipal court” for “police justice.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

§ 15-3-403. Actions; recovering penalty or fine; statement of complaining act.

In actions brought to recover a penalty or fine under any law pertaining to cities of the first class, it is not necessary to file with the affidavit or complaint a copy of the ordinances or bylaws or sections alleged to have been violated. It is sufficient to state in plain and concise language the act complained of and to recite in the affidavit or complaint the number of the section of the ordinance alleged to have been violated and the date of passage or adoption thereof.

History. Laws 1965, ch. 112, § 194; W.S. 1957, § 15.1-194; Laws 1980, ch. 38, § 1.

§ 15-3-404. [Repealed.]

Repealed by Laws 1985, ch. 152, § 4.

Cross references. —

For present provisions as to the presentation and payment of claims, see § 15-1-125 .

Editor's notes. —

This section, which derived from Laws 1965, ch. 112, § 196, related to presentation of and actions upon claims against cities.

Chapter 4 Alternative Forms of Government

Cross references. —

For general provisions as to cities and towns, see §§ 15-1-101 to 15-1-1103 .

For provision prohibiting the legislature from delegating power to perform municipal functions, see art. 3, § 37, Wyo. Const.

For provision that no person except a qualified elector shall be elected or appointed to any civil or military office in the state, see art. 6, § 15, Wyo. Const.

As to suspension of officers of municipalities, see art. 6, § 16, Wyo. Const.

For constitutional provisions as to municipal corporations generally, see art. 13, §§ 1 to 5, Wyo. Const.

As to consolidation of offices and municipalities, see art. 14, § 6, Wyo. Const.

For provision limiting city tax levy, see art. 15, § 6, Wyo. Const.

For provision that the power of taxation shall never be surrendered or suspended by any grant or contract to which the state or any municipal corporation shall be a party, see art. 15, § 14, Wyo. Const.

As to creation of municipal debt in excess of taxes for current year, see art. 16, § 4, Wyo. Const.

As to limitation on municipal debt, see art. 16, § 5, Wyo. Const.

For provisions relative to municipal courts applicable to all incorporated cities or towns in the state, see §§ 5-6-101 to 5-6-110 .

As to joint city and county buildings, see § 18-2-104 .

For authority of governing body of cities, towns, counties and school districts to establish and maintain recreational facilities and playgrounds, see §§ 18-9-201 and 18-9-202 .

As to municipal elections generally, see §§ 22-23-101 to 22-23-1007 .

For provisions relating to the procedure for changing the form of government, see §§ 15-11-301 and 15-11-302 .

Am. Jur. 2d, ALR and C.J.S. references. —

62 C.J.S. Municipal Corporations § 208 et seq.

Article 1. Commission

§ 15-4-101. Governing body; composition; powers; manner of adopting motions; president; vice-president; duties.

The governing body of each city and town operating under the commission form of government consists of the mayor and two (2) commissioners, each of whom has the right to vote on all questions coming before 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 is otherwise provided. Upon every vote the yeas and nays shall be called and recorded, and every motion, resolution or ordinance shall be reduced to writing and read before the vote is taken thereon.
The mayor has no power to veto any measure, but every resolution or ordinance passed by the council, before it is in force, must be signed by the mayor, or by two (2) commissioners and be recorded.
The mayor is president of the governing body. The commissioner of finances and public property is vice-president of the governing body and shall perform the duties of the mayor in his absence.

History. Laws 1965, ch. 112, § 204; W.S. 1957, § 15.1-204; Laws 1980, ch. 38, § 1.

Cross references. —

For provision requiring minutes of proceedings of governing body to be published, see § 15-1-110 .

Sufficient notice to protect equity affected by zoning. —

Where mayor, before annexation of territory by city, was informed, by legal owner of part thereof, of sale of some of it specifically for business purposes, and after annexation but before its zoning for residence purposes, council was notified of existence of such equity by purchaser, and, after zoning ordinance for residence purposes only was passed, such purchaser applied for and was successively denied permit for business purposes, notice was sufficient to protect his equity, though contract was not of record and plat in annexation proceedings mentioned no restrictions. Weber v. Cheyenne, 55 Wyo. 202, 97 P.2d 667, 1940 Wyo. LEXIS 2 (Wyo. 1940).

§ 15-4-102. Departments; powers; administrators.

The executive and administrative powers, authority and duties in cities and towns adopting this form of government shall be distributed among three (3) departments, as follows:
1. Department of public affairs and safety, to be administered by the mayor;
2. Department of accounts, finance, parks and public property, to be administered by the commissioner of finances and public property;
3. Department of streets and public improvements, to be administered by the commissioner of streets and public improvements.

History. Laws 1965, ch. 112, § 205; W.S. 1957, § 15.1-205; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 15-4-103. [Repealed.]

Repealed by Laws 2004, ch. 42, § 2.

Editor's notes. —

The section, which derived from Laws 1965, ch. 112, § 206, pertained to police judges.

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

§ 15-4-104. Officers and assistants; election and removal; vote required; duties.

The governing body, at its first meeting, or as soon as practicable thereafter, shall elect by majority vote the following officers or as many thereof as may be necessary:
1. City clerk;
2. Attorney;
3. Treasurer;
4. Civil engineer;
5. Health officer;
6. Chief of police;
7. Chief of fire department; and
8. Any other officers and assistants as are provided for by ordinance and necessary to the proper and efficient conduct of the city’s affairs.
Any officer or assistant elected or appointed may be removed from office at any time by a majority vote of the council, and their duties shall be fixed by ordinance.

History. Laws 1965, ch. 112, § 207; W.S. 1957, § 15.1-207; Laws 1980, ch. 38, § 1.

Cross references. —

As to officers in incorporated towns, see § 15-2-102 .

As to appointed officers in cities of the first class, see § 15-3-204 .

As to positions in cities operating under a city manager form of government, see § 15-4-202 .

§ 15-4-105. Officers and employees; offices; office hours; salaries.

The mayor, commissioners and other officers as provided by ordinance shall have offices in the city hall and shall maintain regular office hours to be fixed by ordinance. The compensation of the city officers shall be paid in monthly installments not to exceed the following maximum amounts per year:
1. Mayor, seventy-two thousand dollars ($72,000.00);
2. Commissioner, twenty thousand dollars ($20,000.00);
3. City clerk, nineteen thousand dollars ($19,000.00);
4. City attorney, nineteen thousand two hundred dollars ($19,200.00);
5. City engineer, twenty thousand dollars ($20,000.00);
6. Police judge, six thousand dollars ($6,000.00).
The annual salaries specified in subsection (a) of this section may be fixed by ordinance at any amount less than the maximum amount specified. No salary of any elective officer may be changed during his term of office. The salary or compensation of other officers and employees, except as otherwise provided by law, shall be fixed by ordinance and payable in equal monthly installments or more often.
In cities and towns having an assessed valuation of fifteen million dollars ($15,000,000.00) or less, the annual salaries shall not exceed the following:
1. Mayor, fifteen thousand three hundred dollars ($15,300.00);
2. Commissioner, four thousand six hundred twenty dollars ($4,620.00);
3. City clerk, four thousand three hundred dollars ($4,300.00);
4. City attorney, three thousand six hundred dollars ($3,600.00);
5. City engineer, four thousand three hundred dollars ($4,300.00); and
6. Police judge, one thousand five hundred dollars ($1,500.00).

History. Laws 1965, ch. 112, § 208; W.S. 1957, § 15.1-208; Laws 1971, ch. 46, § 1; 1980, ch. 38, § 1; 2002 Sp. Sess., ch. 8, § 1.

Cross references. —

For constitutional provisions that all state, city, county, town and school officers (with certain exceptions) shall be paid fixed and definite salaries, and for duty of said officers to pay all fees collected into the proper treasury, see art. 14, §§ 1 and 2, Wyo. Const.

§ 15-4-106. Officers and employees; salaries; verified payroll.

In cities operating under a commission government, payment of wages and salary of city officers, laborers, firemen, police officers and other employees or officers of any city department may be made upon approval by the governing body of a payroll verified by the oath of the city clerk as to city officers, and the oaths of the mayor and city commissioners as to officers and employees of the departments of city government which they head. Presentation and allowance of claims as provided by law for claims of other character is not required for payment of salaries and wages embraced in a verified payroll.

History. Laws 1965, ch. 112, § 209; W.S. 1957, § 15.1-209; Laws 1980, ch. 38, § 1.

§ 15-4-107. [Repealed.]

Repealed by Laws 1982, ch. 75, § 5; 1983, ch. 171, § 3.

Cross references. —

For present provisions as to conflicts of interests, partisan political activities and unlawful campaign practices, see § 6-5-106 .

Editor's notes. —

This section, which derived from Laws 1965, ch. 112, § 210, related to prohibited interests.

§ 15-4-108. [Repealed.]

Repealed by Laws 1980, ch. 49, § 3.

Cross references. —

As to annual state examination and report, see § 9-1-507 .

Editor's notes. —

This section, which derived from Laws 1965, ch. 112, § 211, related to monthly financial statements of governing bodies and annual state examinations of those statements.

§ 15-4-109. Finances; first commission's appropriative powers.

The first commission elected in a city under the provisions of this article has the power, by ordinance, to revise, repeal or change any appropriations made for the current fiscal year prior to the beginning of their term of office and to make additional appropriations.

History. Laws 1965, ch. 112, § 212; W.S. 1957, § 15.1-212; Laws 1980, ch. 38, § 1.

§ 15-4-110. Recall of officers.

Any elected officer may be removed at any time by the qualified electors in the following manner: a petition signed by at least twenty-five percent (25%) of all the registered electors and demanding an election of a successor of the person sought to be removed shall be filed with the city clerk. The petition shall contain a general statement of the grounds for 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 make oath before a competent officer that the statements therein made are true as he believes, and that each signature is the genuine signature of the person whose name it purports to be. Within ten (10) days from the date of filing the petition the clerk shall determine whether or not the petition is signed by the requisite number of qualified electors. If necessary, the commission shall allow him extra help for that purpose. The clerk shall attach to the petition his certificate, showing the result of his examination. If the petition is insufficient, it shall be returned to the person who filed it, without prejudice to the filing of a new petition to the same effect. If the petition is 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 less than thirty (30) days nor more than forty (40) days from the date of the clerk’s certificate of sufficiency. The commission shall publish notice and arrange for holding the election, which shall be conducted in the same manner as other city elections.
Any person sought to be removed may be a candidate to succeed 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 place his name on the official ballot without nomination. On the second Tuesday preceding the date fixed for the special election, a special primary election for the selection of candidates shall be held. The special primary election and nomination are governed by the provisions of this article. If the person sought to be removed is a candidate, one (1) opposing candidate shall be selected at the special primary election. The special primary election shall be held if there are more than two (2) nominees, one (1) of whom may be incumbent. If there are no candidates nominated against the officer sought to be removed, no special election will be held and the incumbent shall continue in office.
In any removal election the candidate receiving the highest number of votes is elected. The incumbent shall be removed from office upon the qualification of his successor, who shall hold office during the unexpired portion of the term for which his predecessor was elected. If the person who receives the highest number of votes fails to qualify within ten (10) days after receiving notification of election the office is vacant. This method of removal is in addition to any other methods provided by law.

History. Laws 1965, ch. 112, § 215; W.S. 1957, § 15.1-215; Laws 1980, ch. 38, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Sufficiency of particular charges as affecting enforceability of recall petition, 114 ALR5th 1.

Sufficiency of technical and procedural aspects of recall petitions, 116 ALR5th 1.

Article 2. City Manager

Article does not violate state constitutional provision (art. 3, § 27, Wyo. Const.), providing that no local or special law shall be passed for “incorporation of cities, towns or villages; or changing or amending the charters of any cities, towns or villages.” State ex rel. Keefe v. McInerney, 63 Wyo. 280, 182 P.2d 28, 1947 Wyo. LEXIS 15 (Wyo. 1947).

Am. Jur. 2d, ALR and C.J.S. references. —

56 Am. Jur. 2d Municipal Corporations §§ 181 to 185.

§ 15-4-201. Council officers; election; duties; compensation.

The council, at the first meeting after the first election under this article and at the first meeting after each regular election thereafter, shall elect from their number a president of the council to be the mayor and a vice president of the council. During the absence or disability of the mayor, the vice president shall perform the duties of the mayor. In the absence or disability of both, the council shall choose from their number a president pro tem to perform the duties of the mayor.
The salary for each councilman, other than the mayor, shall be 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 at each regular or special meeting. The salary for the mayor shall not be more than twice the salary of the other council members.

History. Laws 1965, ch. 112, §§ 219, 220; W.S. 1957, §§ 15.1-219, 15.1-220; W.S. 1977, §§ 15-4-201 , 15-4-202 ; Laws 1980, ch. 38, § 1; 1984, ch. 33, § 1; 2002 Sp. Sess., ch. 8, § 1.

Cross references. —

Veto power of mayor. —

See case note to § 15-3-201 .

Cited in

Haddenham v. City of Laramie, 648 P.2d 551, 1982 Wyo. LEXIS 362 (Wyo. 1982).

§ 15-4-202. Employees; manager; employment, salary, vacancy; attorney; other positions; salaries, duties; municipal judges; experts; exception.

The governing body, as soon as possible after the first election, shall employ a city manager and a city attorney and fix their salaries. The city manager shall receive no other or additional salary for the performance of any of the duties required of him as city manager. The city manager is an employee and serves at the pleasure of the governing body. His salary may be changed from year to year, and his employment may be terminated at any time by a majority vote of the governing body.
The manager shall give thirty (30) days notice in writing to the governing body before resigning from his position. If the position is vacant for any reason, the governing body shall immediately proceed to employ another person. If there is a delay in securing a new manager, the governing body shall immediately appoint an acting manager to fill the vacancy on an interim basis. He shall qualify the same as the manager and shall be vested with authority and charged with the duties and responsibilities of the manager until a manager is employed and qualified.
The governing body may fix the salaries for the various offices in the city to be paid in twelve (12) or more installments per year.
1. through (xi) Repealed by Laws 1985, ch. 8, § 2.
The governing body shall appoint one (1) or more municipal judges with jurisdiction to hear and determine all cases arising under the ordinances of the city or town. The rules of practice before the municipal judges shall conform as nearly as possible to the provisions of the justice code concerning complaints, continuances and trial, but no change of venue may be granted in any case.
Except as otherwise provided in this subsection, the manager may require any appointive officers and any employees to perform duties and services in one (1) or more departments of the city or town. No person shall receive compensation in addition to the salary of his position for the performance of any required duties. The city attorney is not required to perform any service other than legal service. In cities and towns having a population of more than ten thousand (10,000), policemen and firemen are not required to perform any service other than that normally considered to be within their departments. Salaries of the members of the police and fire departments shall be established in conformity with the civil service laws of the state and ordinances of the city applicable to those departments.
The governing body may employ experts to perform unusual or special service upon the recommendation of the manager or otherwise. Subject to equal qualifications, preference shall be given to bona fide residents of the city or town in employing applicants for positions.
Except for the city manager, attorney and municipal judges, all employees shall be employed by the city manager, be selected on merit and serve at his pleasure. He shall fix their salaries by and with the consent of the governing body. Nothing in this section shall be construed as affecting or superseding the provisions of chapter 5 of this title.

History. Laws 1965, ch. 112, § 226; W.S. 1957, § 15.1-226; Laws 1971, ch. 46, § 2; W.S. 1977, § 15-4-220 ; Laws 1978, ch. 17, § 1; 1980, ch. 38, § 1; 1985, ch. 8, § 2; ch. 209, § 1; 2009, ch. 170, § 1.

Cross references. —

As to salaries of policemen and firemen generally, see § 15-5-106(a).

For authority of board of public utilities in cities and towns to make all appointments and hire all agents, servants and employees of the water and sanitary sewer departments of the city, and fix their compensation, etc., see § 15-7-406 .

The 2009 amendment, effective July 1, 2009, in (e), in the second to last sentence, deleted “according to the last federal census” preceding “policemen and firemen.”

Editor's notes. —

City manager must be an elector when appointed. State ex rel. Diers v. Sheldon, 29 Wyo. 233, 213 P. 92, 1923 Wyo. LEXIS 11 (Wyo. 1923).

Section makes no provision for severance pay or pay in lieu of vacation. Kurz v. City of Sheridan, 489 P.2d 621, 1971 Wyo. LEXIS 254 (Wyo. 1971).

Cited in

Neely v. Wyo. Comm'n on Judicial Conduct & Ethics, 2017 WY 25, 390 P.3d 728, 2017 Wyo. LEXIS 26 (Wyo. 2017).

Applied in

Casper v. International Ass'n of Firefighters, Local 904, 713 P.2d 1187, 1986 Wyo. LEXIS 474 (Wyo. 1986).

§ 15-4-203. Manager; duties; generally.

In addition to his specific duties, the manager shall:
1. See that all laws and ordinances are observed and enforced;
2. Attend all meetings of the governing body and may recommend necessary and expedient measures;
3. Prepare and submit to the governing body reports required by it, or that he considers advisable;
4. Keep the governing body fully advised of the city’s financial condition and its future needs;
5. Serve as the city’s purchasing agent;
6. Perform all duties imposed upon him; and
7. Recommend rules and regulations necessary for the efficient and economical conduct of the business of the city or town subject to the provisions of this article.

History. Laws 1965, ch. 112, §§ 227, 231; W.S. 1957, §§ 15.1-227, 15.1-231; W.S. 1977, §§ 15-4-221 , 15-4-225 ; Laws 1980, ch. 38, § 1.

Cross references. —

For provision that all disbursements shall be made by warrants signed by the manager and countersigned by the mayor, see § 15-4-302 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 15-4-204. Manager; duties; public health; garbage.

The manager shall enforce all statutes, ordinances and regulations relative to the public health, comfort and safety. If the owner or occupant of property deposits or allows the accumulation of garbage, offal, manure or rubbish of any kind upon it, or in the streets or alleys upon which it abuts, or permits weeds to 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, to remove the rubbish or weeds. If they are not removed within one (1) day after service of notice, the manager shall have them removed. The cost of removal shall be assessed against the property and constitutes a lien thereon. The owner shall be notified of the amount assessed, and if it is not paid, it shall be collected in the same manner as other special assessments.

History. Laws 1965, ch. 112, § 228; W.S. 1957, § 15.1-228; W.S. 1977, § 15-4-222; Laws 1980, ch. 38, § 1.

Cross references. —

As to power of governing body to regulate concerning health, etc., see § 15-1-103(a)(xviii).

As to the Wyoming Weed and Pest Control Act of 1973, see § 11-5-101 et seq.

As to public health and safety generally, see title 35.

Territorial scope of ordinance's effect for health purposes.—

For health purposes, a city may make an ordinance effective for a distance of five miles beyond the city limits. Haddenham v. Laramie, 648 P.2d 551, 1982 Wyo. LEXIS 362 (Wyo. 1982).

§ 15-4-205. Management and control of municipal public utility.

Unless a board of public utilities has been established as provided in chapter 7, article 4, the manager shall control and manage any public utility owned and operated by the city or town. Subject to the laws relating to public utilities, he shall implement all rates and compensation as the governing body establishes to be paid by consumers of water, gas, electric current or any service furnished by any other public utility, owned or operated by the city or town, provided they are equal and uniform to all persons within the class served. He shall make and enforce all necessary rules, regulations and penalties to enforce their collection, or for the protection of the property and rights pertaining to public utilities. At the end of each month, or within three (3) days thereafter, he shall file with the clerk a report showing the receipts and disbursements in the management of all public utilities during the month.

History. Laws 1965, ch. 112, § 229; W.S. 1957, § 15.1-229; W.S. 1977, § 15-4-223; Laws 1980, ch. 38, § 1; 1984, ch. 33, § 1.

§ 15-4-206. Management and control of municipal public utility; powers and duties as to employees; exception.

The manager shall control and manage the fire department and the police department and may appoint a chief of the fire department, a chief of the police department and any other employees necessary in those departments.
The manager shall appoint a city clerk. He may also appoint a city engineer and a city treasurer. The city clerk may be appointed to 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 and fix their compensation within the limits specified by the governing body and the law. Except as otherwise provided by law, he shall prescribe the powers and duties of all employees and may require any employee to perform duties in two (2) or more departments. He shall file with the clerk a list of the names of all employees together with a statement of the salary or compensation each is to receive.

History. Laws 1965, ch. 112, §§ 230, 232; W.S. 1957, §§ 15.1-230, 15.1-232; W.S. 1977, §§ 15-4-224, 15-4-226 ; Laws 1980, ch. 38, § 1.

Cross references. —

As to appointment of clerk and treasurer in incorporated towns, see § 15-2-102 .

As to appointment of clerk and treasurer in cities of the first class, see § 15-3-204 .

As to election of police chief, fire chief, clerk and treasurer in cities operating under the commission form of government, see § 15-4-104 .

As to state treasurer, see § 9-1-409 .

As to county treasurer, see §§ 18-3-801 to 18-3-814 .

Stated in

City Council v. Kreiling, 911 P.2d 1037, 1996 Wyo. LEXIS 24 (Wyo. 1996).

§ 15-4-207. [Repealed.]

Repealed by Laws 1985, ch. 152, § 4.

Cross references. —

As to employee bonds, see § 15-1-124 .

Editor's notes. —

This section, which derived from Laws 1965, ch. 112, § 233, related to bonds of employees.

§ 15-4-208. [Repealed.]

Repealed by Laws 1985, ch. 209, § 3.

Cross references. —

As to prohibitions for city or town governing-body members, or their immediate family, see § 15-1-127 .

Editor's notes. —

This section, which derived from Laws 1965, ch. 112, § 235, related to prohibition against city or town officers and employees soliciting or receiving pay other than their lawful salary.

§ 15-4-209. [Renumbered.]

Renumbered as § 15-1-128 by Laws 1985, ch. 209, § 2.

§ 15-4-210. [Renumbered.]

Renumbered as § 15-4-301 by Laws 2007, ch. 124, § 1.

§ 15-4-211. [Repealed.]

Repealed by Laws 1985, ch. 209, § 3.

Editor's notes. —

This section, which derived from Laws 1965, ch. 112, § 237, related to inventory and statement of public property held by city and town officers and employees.

§ 15-4-212. [Repealed.]

Repealed by Laws 1980, ch. 49, § 3; 1985, ch. 152, § 4.

Cross references. —

For present provisions as to fiscal year, see § 15-2-201 .

As to fiscal year finances, see §§ 16-4-103 through 16-4-124 .

Editor's notes. —

This section, which derived from Laws 1965, ch. 112, § 238, related to financial systems and fiscal years.

§ 15-4-213. [Renumbered.]

Renumbered as § 15-4-302 by Laws 2007, ch. 124, § 1.

§§ 15-4-214 through 15-4-219. [Repealed.]

Repealed by Laws 1985, ch. 152, § 4.

Editor's notes. —

These sections, which derived from Laws 1965, ch. 112, §§ 240 through 245, related to warrants, payment of bonds, funds, and sinking funds.

§ 15-4-220. [Renumbered.]

Renumbered as § 15-4-303 by Laws 2007, ch. 124, § 1.

§§ 15-4-221 through 15-4-224. [Repealed.]

Repealed by Laws 1985, ch. 152, § 4.

Editor's notes. —

These sections, which derived from Laws 1965, ch. 112, §§ 247 through 250, related to limitations on obligations, certificates of indebtedness, tax accounts, and expenditure estimates.

§ 15-4-225. [Renumbered.]

Renumbered as § 15-1-126 by Laws 1985, ch. 152, § 3.

§§ 15-4-226 through 15-4-228. [Repealed.]

Repealed by Laws 1985, ch. 152, § 4.

Cross references. —

For present provisions as to deposits by political subdivisions, approval of depositories, and rate of interest, see § 9-4-818 .

Editor's notes. —

These sections, which derived from Laws 1965, ch. 112, § 252 through 254, related to depositories, statements of interest, and general tax limitations.

§ 15-4-229. [Renumbered.]

Renumbered as § 15-4-304 by Laws 2007, ch. 124, § 1.

§§ 15-4-230 through 15-4-235. [Repealed.]

Repealed by Laws 1984, ch. 33, § 2.

Editor's notes. —

These sections, which derived from Laws 1965, ch. 112, §§ 257 through 262, related to city and town contracts. For present similar provisions, see § 15-1-113 .

§ 15-4-236. [Repealed.]

Repealed by Laws 1982, ch. 75, § 5; 1983, ch. 171, § 3.

Editor's notes. —

This section, which derived from Laws 1965, ch. 112, § 263, related malfeasant acts in aiding contract bids. For present provisions, see § 6-5-105 .

§§ 15-4-237 through 15-4-240. [Repealed.]

Repealed by Laws 1984, ch. 33, § 2.

Editor's notes. —

These sections, which derived from Laws 1965, ch. 112, §§ 263 through 267, related to charge, hearing and penalty for malfeasance under former § 15-4-236 , collusive bidding, and voiding of contracts violating this article. For present similar provisions, see § 15-1-113 .

§ 15-4-241. [Repealed.]

Repealed by Laws 1980, ch. 49, § 3.

Editor's notes. —

This section, which derived from Laws 1965, ch. 112, § 269, related to controlling and changing streets and alleys.

§ 15-4-242. [Renumbered.]

Renumbered as § 15-4-305 by Laws 2007, ch. 124, § 1.

§ 15-4-243. [Repealed.]

Repealed by Laws 1984, ch. 33, § 2.

Editor's notes. —

This section, which derived from Laws 1965, ch. 112, § 271, related to contracts for the cleaning of streets.

§ 15-4-244. [Renumbered.]

Renumbered as § 15-4-306 by Laws 2007, ch. 124, § 1.

§ 15-4-245. [Renumbered.]

Renumbered as § 15-4-307 by Laws 2007, ch. 124, § 1.

§ 15-4-246. [Renumbered.]

Renumbered as § 15-4-308 by Laws 2007, ch. 124, § 1.

§ 15-4-247. [Renumbered.]

Renumbered as § 15-4-309 by Laws 2007, ch. 124, § 1.

§ 15-4-248. [Renumbered.]

Renumbered as § 15-4-310 by Laws 2007, ch. 124, § 1.

§ 15-4-249. [Renumbered.]

Renumbered as § 15-4-311 by Laws 2007, ch. 124, § 1.

§ 15-4-250. [Renumbered.]

Renumbered as § 15-4-312 by Laws 2007, ch. 124, § 1.

§ 15-4-251. [Renumbered.]

Renumbered as § 15-4-313 by Laws 2007, ch. 124, § 1.

Article 3. Property, Financial Affairs, Contracts, Streets, Subdivisionsand Utilities

§ 15-4-301. Officers and employees; public property; delivery to successor; penalty; enforcement.

Every person, upon the expiration of his term of office or employment, shall deliver to his successor in office all property in his possession belonging to the city or town, or pertaining to the office held. Any person failing to do so within five (5) days after being notified and requested by the manager or president of the governing body, shall forfeit and pay for the use of the city five hundred dollars ($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 city may by action in the nature of replevin, or mandamus proceedings, enforce the delivery of such property.

History. Laws 1965, ch. 112, § 236; W.S. 1957, § 15.1-236; W.S. 1977, § 15-4-230 ; Laws 1980, ch. 38, § 1; 2007, ch. 124, § 1.

Cross references. —

As to replevin generally, see §§ 1-15-301 through 1-15-306 .

As to mandamus generally, see §§ 1-30-101 through 1-30-118 .

Editor's notes. —

Former § 15-4-210 was renumbered as § 15-4-301 by Laws 2007, ch. 124, § 1.

§ 15-4-302. Finances; warrants; use for disbursements; exception; limitations; contents; procedure.

Except as otherwise provided by law, all disbursements shall be made by check or warrant signed by the manager and countersigned by the mayor. No check or warrant may be drawn in payment of a claim of more than fifty dollars ($50.00) until the claim is certified by the manager and allowed by resolution of the governing body. Each check or warrant shall specify its purpose and shall be made payable to the order of the person in whose favor it is drawn.
Repealed by Laws 1985, ch. 152, § 4.

History. Laws 1965, ch. 112, § 239; W.S. 1957, § 15.1-239; W.S. 1977, § 15-4-242 ; Laws 1980, ch. 38, § 1; 1985, ch. 152, §§ 2, 4; 2007, ch. 124, § 1.

Editor's notes. —

Former § 15-4-213 was renumbered as § 15-4-302 by Laws 2007, ch. 124, § 1.

§ 15-4-303. Finances; issuance and sale of bonds generally; purposes; amounts; limitations; exception.

The city or town may by ordinance issue and sell bonds or certificates of indebtedness as follows:
1. To pay, fund or refund any of its debts;
2. To purchase, construct, extend, improve and maintain public utility plants named in the ordinance authorizing the issue of the bonds or certificates of indebtedness;
3. Not to exceed a total outstanding issue of one hundred fifty thousand dollars ($150,000.00) for the benefit of the permanent improvement revolving fund;
4. For defraying the cost of making local improvements:
  1. In intersections of streets and alleys; and
  2. In front of property exempt by law from special assessments, and property owned by the city or town.
5. For defraying the cost of establishing and maintaining a general system of sewers and of maintaining, altering, relaying and extending existing systems of sewers;
6. For the purchase, erection and improvement of necessary public buildings;
7. For establishing garbage crematories or other means of garbage disposal, hospitals, schools, libraries, museums and art galleries;
8. For changing, controlling or bridging streams or ravines and constructing and repairing bridges within the corporate limits;
9. Not to exceed forty thousand dollars ($40,000.00), to run not longer than ten (10) years, for the benefit of the general fund in case of a failure of the anticipated revenue from sources other than taxation;
10. To purchase real property for future public use, if the acquisition of the land in the opinion of the governing body is necessary to conform to a master plan adopted and certified for the physical development of the municipality under W.S. 15-1-501 through 15-1-512 .
No bonds except those specified in paragraph (a)(i) of this section may be issued or sold unless the governing body is first authorized to do so by a majority of the electors of the city or town voting thereon at an election called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 .
Bonds issued and sold under this section shall not be sold for less than par value and shall bear interest at a rate established by ordinance.
The funded indebtedness other than that provided in subsection (a)(v) of this section shall not exceed four percent (4%) of the assessed value of the taxable property of the city. When determining indebtedness for the purpose of fixing that limit, bonds issued for the purpose of supplying water shall not be counted. Bonds issued under subsection (a)(v) of this section shall not exceed four percent (4%) of the assessed value of the taxable property of the city or town.
The limitations expressed in this section have no application to refunding public securities issued pursuant to the General Obligation Public Securities Refunding Law [§§ 16-5-101 through 16-5-119 ] except as otherwise provided in that act.

History. Laws 1965, ch. 112, § 246; W.S. 1957, § 15.1-246; Laws 1971, ch. 254, § 3; W.S. 1977, § 15-4-249 ; Laws 1980, ch. 38, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1; 1996, ch. 97, § 2; 2007, ch. 124, § 1.

Editor's notes. —

Former § 15-4-220 was renumbered as § 15-4-303 by Laws 2007, ch. 124, § 1.

§ 15-4-304. Claims; appeals; exception; definition.

Except as provided by W.S. 1-39-101 through 1-39-120 , if any claim against the city is disallowed in whole or in part, the claimant may appeal from the decision of the governing body to the district court of the district in which the city or town is situated pursuant to Rule 12 of the Wyoming Rules of Appellate Procedure. “Claim” as used in this section means claims as are presented for audit and not claims for salaries of officers and employees or other fixed charges against the city or town, nor claims covered by W.S. 1-39-101 through 1-39-120 .

History. Laws 1965, ch. 112, § 255; W.S. 1957, § 15.1-255; W.S. 1977, § 15-4-258; Laws 1979, ch. 157, § 2; 1980, ch. 38, § 1; 2004, ch. 130, § 1; 2007, ch. 124, § 1; 2017, ch. 41, § 1.

The 2004 amendment substituted “1-39-121” for “1-39-119” twice.

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2017 amendment , effective July 1, 2017, substituted “1-39-120” for “1-39-121” twice.

Editor's notes. —

W.S. 1-39-101 through 1-39-121 , twice referred to in this section, comprises the Wyoming Government Claims Act.

Former § 15-4-229 was renumbered as § 15-4-304 by Laws 2007, ch. 124, § 1.

Conflicting legislation. —

Language of this section is clear and unambiguous. Regan v. City of Casper, 494 P.2d 935, 1972 Wyo. LEXIS 236 (Wyo. 1972).

Appeal from decision on claim for salaries precluded. —

This section precludes the utilization of appeal proceedings from a decision of the city council on a claim for salaries of officers and employees. Regan v. City of Casper, 494 P.2d 935, 1972 Wyo. LEXIS 236 (Wyo. 1972).

§ 15-4-305. Streets; vacation; petition required; consideration.

The governing body has the exclusive power and, by ordinance, may vacate any highway, street, lane or alley, or portion thereof. No vacation may be ordered except upon petition of a majority of the owners owning a majority of the property abutting on the portion proposed to be vacated and extending three hundred (300) feet in either direction from the portion proposed to be vacated. The city or town may demand and receive the value of the land vacated as consideration for the vacation.

History. Laws 1965, ch. 112, § 270; W.S. 1957, § 15.1-270; W.S. 1977, § 15-4-273; Laws 1980, ch. 38, § 1; 2007, ch. 124, § 1.

Editor's notes. —

Former § 15-4-242 was renumbered as § 15-4-305 by Laws 2007, ch. 124, § 1.

Prior dedication not affected by section. —

Since § 15-338, W.S. 1957 (similar to this section) was not in effect at the time of a particular dedication, under no circumstances could it enhance or enlarge the interest the defendant city received by the dedication, and once that interest was terminated by vacation the city no longer had any title or interest in the premises. Payne v. Laramie, 398 P.2d 557, 1965 Wyo. LEXIS 121 (Wyo. 1965).

§ 15-4-306. Construction or reconstruction of sidewalks and curbs; landowner's duties; notice; assessment; establishing grade and parking width.

All owners of land adjoining any street, lane or alley shall construct or reconstruct a sidewalk and curb along the street, lane or alley next to the land when ordered to do so by the manager. All sidewalks and curbs shall be constructed as designated by the manager. However, the manager shall 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 block fronting the street. It is the duty of landowners to keep any sidewalk or curb now constructed, or which may hereafter be constructed in front of the land, in good repair and in safe condition.
If the manager considers it necessary that a sidewalk or curb be constructed, reconstructed or repaired, notice shall be served upon the owner of the land along which it is to be constructed or repaired specifying the manner in which it is to be constructed or repaired and the estimated cost which may be assessed if the city or town does the work. The notice shall be served personally upon the owner, or if he is not to be found within the city or town, it shall be sent to him by registered or certified mail, requesting a return receipt, if his address is known. Otherwise it shall be published once in the official newspaper of the city or town. Unless the owner within two (2) weeks after service, mailing or publication of the notice, begins the construction or repair and completes it without delay, the manager shall have the work done at the expense of the permanent improvement revolving fund. Upon completion of the work, the manager shall certify the cost thereof to the clerk of the city or town. The governing body shall then fix a date for hearing upon the 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 charge levied is a lien upon the property as set forth in W.S. 15-6-406 . The governing body may levy and collect the assessment and provide for the manner of sale, redemption and conveyance of lands sold for nonpayment of the assessment in the manner provided in W.S. 15-6-401 through 15-6-448 . When collected the assessment shall be 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 be completed.
Before ordering the construction of any new sidewalk or curb, the manager shall establish its grade and the width of the parking.

History. Laws 1965, ch. 112, §§ 272, 273; W.S. 1957, §§ 15.1-272, 15.1-273; W.S. 1977, §§ 15-4-275, 15-4-276; Laws 1980, ch. 38, § 1; 1984, ch. 33, § 1; 2004, ch. 130, § 1; 2007, ch. 124, § 1.

The 2004 amendment, in (b), substituted “15-6-448” for “15-6-447.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Editor's notes. —

Former § 15-4-244 was renumbered as § 15-4-306 by Laws 2007, ch. 124, § 1.

Conflicting legislation. —

§ 15-4-307. Construction or reconstruction of sidewalks and curbs; conditions causing injury; liability and proceedings generally.

Any person who renders a street insufficient or unsafe for travel by any excavations or obstructions not authorized by law or ordinance, or is negligent in the management of any authorized excavation or obstruction, or fails to maintain proper guards or lights is liable for all damages recovered by any person injured as a result of the obstruction or negligence. No action may be maintained against the city or town for damages unless the person or persons creating the condition are joined as parties defendant. In case of judgment against the defendants, execution shall at first issue only against the defendant causing the insufficiency or danger, and the city or town is not required to pay the judgment until that execution is returned unsatisfied. If the city or town pays the judgment, it is the owner thereof and may enforce its payment from the other defendants. The city or town is also entitled to execution against them and to take such other proceedings as judgment creditors are entitled to take.

History. Laws 1965, ch. 112, § 274; W.S. 1957, § 15.1-274; W.S. 1977, § 15-4-277; Laws 1980, ch. 38, § 1; 2007, ch. 124, § 1.

Editor's notes. —

Former § 15-4-245 was renumbered as § 15-4-307 by Laws 2007, ch. 124, § 1.

Excavations and obstructions of streets. —

This section does not create a cause of action based on the negligence of public employees of cities and towns for excavations or obstructions of streets. DiFelici v. City of Lander, 2013 WY 141, 312 P.3d 816, 2013 Wyo. LEXIS 148 (Wyo. 2013).

Law reviews. —

For article, “Governmental Immunity from Damage Actions in Wyoming,” see VII Land & Water L. Rev. 229 (1972).

§ 15-4-308. Conditions causing injury; defects.

No action may be maintained against the city or town on account of injuries received 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 .

History. Laws 1965, ch. 112, § 275; W.S. 1957, § 15.1-275; W.S. 1977, § 15-4-278; Laws 1979, ch. 157, § 2; 1980, ch. 38, § 1; 2007, ch. 124 § 1.

Editor's notes. —

Former § 15-4-246 was renumbered as § 15-4-308 by Laws 2007, ch. 124, § 1.

Cited in

Spivey v. City of Casper, 455 P.2d 660, 1969 Wyo. LEXIS 140 (Wyo. 1969).

Law reviews. —

For article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” see VII Land & Water L. Rev. 717 (1972).

§ 15-4-309. Conditions causing injury; obstructions by railways.

No railway company or street railway company, when cleaning their track, may pile up snow or other material and leave it piled upon any street in the city or town. Any such company is liable to any person injured as a result of the obstruction for all damages sustained. If damages are recovered against the city or town for injuries caused by the obstruction, the city may recover from the company responsible.

History. Laws 1965, ch. 112, § 276; W.S. 1957, § 15.1-276; W.S. 1977, § 15-4-279; Laws 1980, ch. 38, § 1; 2007, ch. 124, § 1.

Editor's notes. —

Former § 15-4-247 was renumbered as § 15-4-309 by Laws 2007, ch. 124, § 1.

Law reviews. —

For article, “Governmental Immunity from Damage Actions in Wyoming,” see VII Land & Water L. Rev. 229 (1972).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability for injuries in connection with ice or snow on nonresidential premises, 95 ALR3d 15.

§ 15-4-310. Subdividing; survey and plat required; procedure; streets; layout and grading.

If any person subdivides any parcel of ground within the city or town into building lots for the purpose of sale, he shall have it surveyed and platted in accordance with the general laws. When the survey and plats are completed and acknowledged, a copy shall be presented to the city engineer, who shall advise the manager whether it should be accepted or rejected, or a modification directed. The manager shall then present it to the governing body with the recommendation.
When any plat is accepted by the governing body, the clerk shall so certify upon the face of the plat, and it may then be recorded as provided by the general laws relating to the making and filing of plats. Except as otherwise provided by law, all provisions of the general laws relating to the making and filing of plats apply to the city. No person is entitled to damages for laying out or extension of any street or alley over any lot or parcel of land sold or offered for sale contrary to law.
The acceptance of the plat or addition of any ground, either within or outside the limits of the city or town, does not make it liable to grade the streets therein designated, or responsible for an insufficiency in a street, until the governing body directs they be graded and opened for travel.

History. Laws 1965, ch. 112, § 277; W.S. 1957, § 15.1-277; W.S. 1977, § 15-4-280; Laws 1980, ch. 38, § 1; 2007, ch. 124, § 1.

Editor's notes. —

Former § 15-4-248 was renumbered as § 15-4-310 by Laws 2007, ch. 124, § 1.

§ 15-4-311. Removing snow; persons responsible; cost.

If the owners or occupants of property within the city fail to promptly remove accumulations of snow or other obstructions from the sidewalks, or streets or alleys on which their property abuts, when required to do so by ordinance, the manager may have it removed and the cost of removal assessed against the property. The cost of removal constitutes a lien against the property to be collected in the same manner as special assessments.

History. Laws 1965, ch. 112, § 278; W.S. 1957, § 15.1-278; W.S. 1977, § 15-4-281; Laws 1980, ch. 38, § 1; 2007, ch. 124, § 1.

Editor's notes. —

Former § 15-4-249 was renumbered as § 15-4-311 by Laws 2007, ch. 124, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Liability for injury or damage caused by snowplowing or snow removal operations and equipment, 83 ALR4th 5.

§ 15-4-312. Public utilities; installation.

The city or town may install, purchase, construct and operate any street railway and any gas, water, ice, heat, power, light or other plant for the furnishing of any commodity or service, or other public utility, and engage in the manufacture, production, purchase and sale of gas, water, ice, coal, heat, power, light or other commodities.

History. Laws 1965, ch. 112, § 279; W.S. 1957, § 15.1-279; W.S. 1977, § 15-4-282; Laws 1980, ch. 38, § 1; 2007, ch. 124, § 1.

Editor's notes. —

Former § 15-4-250 was renumbered as § 15-4-312 by Laws 2007, ch. 124, § 1.

§ 15-4-313. Public utilities; manner of disposal.

No public utility owned by the city, whether acquired prior to the adoption of this article or thereafter, may be sold, leased or otherwise disposed of and no real property may be sold unless the full terms of the sale or other disposition, together with the price to be paid, is published in the official paper of the city or town once a week for three (3) consecutive weeks, before final action of the governing body. The proposition shall then be submitted to a vote of the people for ratification or rejection at the next general municipal election and ratified by at least two-thirds (2/3) majority vote of electors voting upon the question.

History. Laws 1965, ch. 112, § 280; W.S. 1957, § 15.1-280; W.S. 1977, § 15-4-283; Laws 1980, ch. 38, § 1; 2007, ch. 124, § 1.

Editor's notes. —

Former § 15-4-251 was renumbered as § 15-4-313 by Laws 2007, ch. 124, § 1.

§ 15-4-314. Applicability of article.

The provisions of this article shall apply to any form of alternative city government authorized under this chapter.

History. Laws 2007, ch. 124, § 2.

Effective dates. —

Laws 2007, ch. 124, § 3, makes the act effective July 1, 2007.

Chapter 5 Fire and Police Departments

Cross references. —

As to the appointment of fire chief and police chief, see § 15-3-204 .

For authority of board of public utilities in cities and towns to provide for a civil service status or pension system, or both, for its employees, see § 15-7-404 .

As to sheriffs, see §§ 18-3-601 to 18-3-611 .

Law reviews. —

For article, “No Home On the Range For Home Rule,” see XXXI Land & Water L. Rev. 791 (1996).

Article 1. Civil Service

Purpose of article is to have police officers appointed according to merit and efficiency. Fristam v. Sheridan, 66 Wyo. 143, 206 P.2d 741, 1949 Wyo. LEXIS 8 (Wyo. 1949).

Property interest in employment. —

A nonprobationary police officer whose employment relationship is governed by this article has a constitutionally protected property interest in her continued employment, and a 40-hour suspension without pay constitutes a deprivation of that protected property interest. Mondt v. Cheyenne Police Dep't, 924 P.2d 70, 1996 Wyo. LEXIS 127 (Wyo. 1996).

Civil service not under exclusive domain of municipal corporation.—

As the provisions of this article are uniformly applicable to all cities and towns, establishment of a civil service system for fire and police departments is not a local affair that a municipal corporation is “empowered to determine,” pursuant to art. 13, § 1, Wyo. Const.Police Protective Ass'n v. Rock Springs, 631 P.2d 433, 1981 Wyo. LEXIS 329 (Wyo. 1981).

Law reviews. —

For comment, “The Right of Wyoming State and Municipal Employees to Organize, Receive Exclusive Recognition, and Bargain Collectively,” see V Land & Water L. Rev. 605 (1970).

Am. Jur. 2d, ALR and C.J.S. references. —

15A Am. Jur. 2d Civil Service §§ 1 to 90; 56 Am. Jur. 2d Municipal Corporations §§ 110 and 114; 70 Am. Jur. 2d Sheriffs, Police and Constables § 10 et seq.

Power of civil service body on own motion and without notice or hearing to reconsider, modify, vacate or set aside order relating to dismissal of employee, 16 ALR2d 1126.

Assertion of immunity as ground for removing or discharging a public officer or employee, 44 ALR2d 789.

Validity, construction, and application of regulations regarding outside employment of governmental employees or officers, 62 ALR5th 671.

Sex discrimination in law enforcement and corrections employment, 53 ALR Fed 31.

§ 15-5-101. “Commission” defined.

As used in this article, “commission” means the fire department civil service commission or the police department civil service commission.

History. Laws 1965, ch. 112, § 281; W.S. 1957, § 15.1-281; Laws 1980, ch. 38, § 1.

Cited in

Vance v. City of Laramie, 2016 WY 106, 382 P.3d 1104, 2016 Wyo. LEXIS 117 (Wyo. 2016).

§ 15-5-102. Establishment of civil service commission or personnel system.

There is established a fire department civil service commission in each incorporated municipality maintaining a paid fire department and having a population of four thousand (4,000) or more.
The governing body in each incorporated municipality maintaining a paid police department and having a population of four thousand (4,000) or more which has not established a civil service commission may establish a police department personnel system in a manner as the governing body determines.

History. Laws 1965, ch. 112, § 282; W.S. 1957, § 15.1-282; Laws 1980, ch. 38, § 1; 1985, ch. 209, § 1; 2009, ch. 170, § 1.

The 2009 amendment, effective July 1, 2009, deleted “according to the latest United States census” following “four thousand (4,000) or more” throughout the section.

Editor's notes. —

Applied in

Police Protective Ass'n v. City of Rock Springs, 631 P.2d 433, 1981 Wyo. LEXIS 329 (Wyo. 1981).

Quoted in

City of Rock Springs v. Police Protection Ass'n, 610 P.2d 975, 1980 Wyo. LEXIS 261 (Wyo. 1980).

Cited in

Gardner v. Nation, 522 P.2d 1281, 1974 Wyo. LEXIS 210 (Wyo. 1974); City Council v. Kreiling, 911 P.2d 1037, 1996 Wyo. LEXIS 24 (Wyo. 1996).

§ 15-5-103. Composition of civil service commission or personnel system; qualifications; terms; vacancies; oaths.

Each commission consists of three (3) members who shall be appointed by the mayor and confirmed by the governing body. Each commissioner shall be a qualified elector of the city and serve without compensation for a term of three (3) years and until his successor is appointed and qualified. Of the three (3) commissioners first appointed, one (1) shall be appointed for a one (1) year term, one (1) for a two (2) year term, and one (1) for a three (3) year term. Not more than one (1) commissioner may be appointed from the governing body, and no officer or employee in the fire or police department is eligible to appointment or service as a commissioner. In the case of a vacancy or disqualification of any commissioner, the mayor, with the consent of the governing body, may appoint a person to serve during the unexpired portion of the term and until a commissioner is appointed and qualified.
Before entering on the duties of their offices, all commissioners shall take and subscribe before the clerk of the municipality, an oath or affirmation that in no event will they appoint or remove any person because of his political opinions or for any reason other than the person’s fitness or unfitness. The oaths or affirmations shall be filed with the city clerk.

History. Laws 1965, ch. 112, §§ 283, 284; W.S. 1957, §§ 15.1-283, 15.1-284; W.S. 1977, §§ 15-5-103 , 15-5-104 ; Laws 1980, ch. 38, § 1.

Stated in

Vance v. City of Laramie, 2016 WY 106, 382 P.3d 1104, 2016 Wyo. LEXIS 117 (Wyo. 2016).

Quoted in

Mondt v. Cheyenne Police Dep't, 924 P.2d 70, 1996 Wyo. LEXIS 127 (Wyo. 1996).

§ 15-5-104. Civil service commission; offices; clerk; preliminary expenses.

The governing body shall furnish the commission’s necessary offices, office furniture, books, stationery, blanks, printing, heat, light and any other supplies. The city clerk is ex officio clerk of the commissions without extra compensation. Expenses incurred before the adoption of the next budget following the organization of any commission may be defrayed from any funds available or included in the next budget.

History. Laws 1965, ch. 112, § 285; W.S. 1957, § 15.1-285; W.S. 1977, § 15-5-105 ; Laws 1980, ch. 38, § 1; 2010, ch. 82, § 1.

The 2010 amendment, made stylistic change.

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2010.

§ 15-5-105. Employment and appointments generally; appointment of chiefs.

Except as otherwise provided by law, no person may be employed or appointed in the fire or police department except from the list of eligible persons certified by the commissions to the governing body.
Appointment of a person to the office of chief of the fire department may be made from within or without the department and any appointment shall be based upon competitive examinations and merit. However, subject to equal qualifications, members of the department from the next lower grade shall be given preference for appointment to that office.
This section does not apply to the appointment, tenure or office of the chief of police. However, if any member of the police department is appointed chief of police, he shall remain on the list of eligible persons certified and his classification remains the same at the end of his term as chief of police.

History. Laws 1965, ch. 112, § 286; W.S. 1957, § 15.1-286; W.S. 1977, § 15-5-106 ; Laws 1980, ch. 38, § 1; 1985, ch. 209, § 1.

Stated in

Vance v. City of Laramie, 2016 WY 106, 382 P.3d 1104, 2016 Wyo. LEXIS 117 (Wyo. 2016).

Applied in

Carlson v. Bratton, 681 P.2d 1333, 1984 Wyo. LEXIS 291 (Wyo. 1984).

Cited in

City Council v. Kreiling, 911 P.2d 1037, 1996 Wyo. LEXIS 24 (Wyo. 1996).

§ 15-5-106. Commissions; classification of positions; working hours; salaries; exceptions; examinations.

The commissions shall classify the various positions in the departments into classes or schedules based upon the nature of the service to be rendered or duties to be performed. The governing body shall then establish uniform working hours and wages for all employees in each class or schedule and may regulate the rate of wages and the number of employees in any class or schedule as necessary. Notwithstanding any other general law fixing salaries or granting authority to fix salaries, the minimum salary for full-time policemen and full-time firemen in any city or town having a population of more than four thousand (4,000) is four hundred twenty-five dollars ($425.00) per month, with an increase of twenty-five dollars ($25.00) per month for each year of service rendered until a monthly salary of five hundred twenty-five dollars ($525.00) is reached. Any city or town may pay a salary in excess of five hundred twenty-five dollars ($525.00) per month. Persons holding positions of higher grade or rank in these departments shall be compensated in accordance with the responsibility of the position held, but shall receive a total salary of not less than six thousand six hundred dollars ($6,600.00) per year.
The commission shall examine the qualifications of all applicants for eligible ratings in any class or schedule. The examinations shall be supervised by the commission and may be conducted by any member or a person designated by the commission. All examinations shall be impartial and relate only to matters which test the fitness of the persons examined to perform the services required in the class or schedule covered by the examination. The percentage of proficiency and rating based upon examination are those approved by the commission.
The salary provisions of this section do not apply to a special fireman or policeman temporarily employed, nor to firemen or policemen employed in a department having three (3) men or less.

History. Laws 1965, ch. 112, §§ 287, 329; W.S. 1957, §§ 15.1-287, 15.1-329; Laws 1967, ch. 18, § 1; W.S. 1977, §§ 15-5-107 , 15-5-301 ; Laws 1980, ch. 38, § 1; 2009, ch. 170, § 1.

Cross references. —

For provision prohibiting change of emoluments of officers during term, in cities of the first class, see § 15-3-213 .

As to salaries of firemen and policemen in cities operating under the city manager form of government, see § 15-4-202 .

As to deductions from salaries for firemen's pension fund, see § 15-5-203 .

As to deductions from salaries for policemen's pension fund, see § 15-5-302 .

For general state law as to wages, and as to minimum wages, see §§ 27-4-101 to 27-4-204 .

For general state law as to hours of labor, see §§ 27-5-101 and 27-5-102 .

The 2009 amendment, effective July 1, 2009, in (a), in the third sentence, deleted “as determined by the last federal census” following “more than four thousand (4,000).”

Editor's notes. —

Section construed in relation to collective bargaining provisions. —

Construing this section in pari materia with § 27-10-101 et seq., it is clear that instead of fixing the maximum, the legislature has simply provided a formula through the medium of arbitration for fixing a specific amount above the minimum in the event the fire fighters exercise their statutory right of entering into a collective bargaining agreement with the city. State ex rel. Fire Fighters Local 946 v. Laramie, 437 P.2d 295, 1968 Wyo. LEXIS 157 (Wyo. 1968).

Applied in

Casper v. International Ass'n of Firefighters, Local 904, 713 P.2d 1187, 1986 Wyo. LEXIS 474 (Wyo. 1986).

Quoted in

Mondt v. Cheyenne Police Dep't, 924 P.2d 70, 1996 Wyo. LEXIS 127 (Wyo. 1996).City Council v. Kreiling, 911 P.2d 1037, 1996 Wyo. LEXIS 24 (Wyo. 1996).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of statutory classifications based on population, governmental employee salary or pension statutes, 96 ALR3d 538.

§ 15-5-107. Employment and appointments generally; requirements; veterans; grading; reexamination.

Only those persons who are seventy-five percent (75%) or more proficient may be certified for employment. A local fire commission may establish a higher required proficiency, in which case only those persons meeting the higher standard shall be certified by the commission for employment. The examination requirements of this section shall not apply to a person meeting the conditions of W.S. 15-5-122(a) if the person is employed by a police department. The examination requirements of this section shall not apply to a person meeting the conditions of W.S. 15-5-122(a) if the person is employed by a fire department. All other things being equal, persons honorably discharged from the military service of the United States shall be given preference for employment over other candidates. Those examined shall be graded upon their examinations and their approved ratings or grades entered in a register. Eligible applicants for the fire department shall remain on the registers two (2) years, except the hiring authority of each department may choose the option of a one (1) year register. Applicants for the police department shall remain on the register one (1) year, without reexamination and certification. However, the commission, in its discretion, may require further examination as to physical fitness, health and age qualifications prior to certifying the applicant to the governing body for employment.

History. Laws 1965, ch. 112, § 288; W.S. 1957, § 15.1-288; Laws 1973, ch. 213, § 2; W.S. 1977, § 15-5-108 ; Laws 1980, ch. 38, § 1; 1983, ch. 134, § 1; 1985, ch. 209, § 1; 2003, ch. 45, § 2; 2005, ch. 123, § 1.

The 2005 amendment, effective July 1, 2005, removed the 33 years maximum age limitation from the first sentence, inserted the second sentence, deleted “age and” preceding “examination requirements” in the fourth sentence, and added the exception for fire department applicants in the seventh sentence.

Stated in

Mondt v. Cheyenne Police Dep't, 924 P.2d 70, 1996 Wyo. LEXIS 127 (Wyo. 1996).

§ 15-5-108. Employment and appointments generally; manner of filling positions.

If a position is to be filled in either department, the governing body or chief of the department shall request from the commission the names of five (5) eligible persons. Upon request, the commission shall certify for departments the names of the five (5) qualified applicants having the highest percentage of proficiency, one (1) of whom shall be employed. If all persons certified are unsuitable for the position, the commission shall certify additional names, but the reason for certification of the additional names shall be stated in the certificate. If there are no registered, eligible applicants, the commission may allow provisional employment, or it may authorize the appointive authority to select a suitable person for examination, and if qualified, that person shall be certified for employment.

History. Laws 1965, ch. 112, § 289; W.S. 1957, § 15.1-289; W.S. 1977, § 15-5-109 ; Laws 1980, ch. 38, § 1; 1983, ch. 134, § 1; 2005, ch. 123, § 1.

The 2005 amendment, effective July 1, 2005, deleted the requirement that only three eligible persons be named as applicants for fire department employment.

Stated in

Mondt v. Cheyenne Police Dep't, 924 P.2d 70, 1996 Wyo. LEXIS 127 (Wyo. 1996); Vance v. City of Laramie, 2016 WY 106, 382 P.3d 1104, 2016 Wyo. LEXIS 117 (Wyo. 2016).

§ 15-5-109. Employment and appointments generally; trial period; eligibility for reemployment following force reduction.

The first year of employment of any person in a fire department is on a trial basis. A trial period of employment within a police department may be imposed as follows:
1. For introductory employees, a period of not more than the first eighteen (18) months of employment;
2. For employees promoted, a period of not less than twelve (12) months.
If the conduct of the introductory or promotional employee has been satisfactory during the trial period, he may be regularly employed or promoted, as applicable.
Employees discharged because of a reduction in force are eligible for reemployment within two (2) years following the date of their discharge without further examination.

History. Laws 1965, ch. 112, § 290; W.S. 1957, § 15.1-290; Laws 1975, ch. 37, § 1; W.S. 1977, § 15-5-110 ; Laws 1980, ch. 38, § 1; 1983, ch. 134, § 1; 1995, ch. 187, § 1.

Quoted in

Morgan v. City of Rawlins, 792 F.2d 975, 1986 U.S. App. LEXIS 25532 (10th Cir. 1986).

Stated in

Mondt v. Cheyenne Police Dep't, 924 P.2d 70, 1996 Wyo. LEXIS 127 (Wyo. 1996).

§ 15-5-110. Filling officer vacancy.

If any vacancy occurs in the grade of officers, except the chief of a police department, it shall be filled by a competent person from the next lowest grade. The commission shall determine the competency of the person to fill the vacancy.

History. Laws 1965, ch. 112, § 291; W.S. 1957, § 15.1-291; W.S. 1977, § 15-5-111 ; Laws 1980, ch. 38, § 1.

Appointment of temporary police “commander” held nullity absentemergency. —

§ 15-5-111. Temporary service; emergency employees.

Employment for temporary service shall follow the same procedure as for permanent employees, except in case of emergency. No emergency employee may continue in service for more than ninety (90) days, and no reappointment or employment to the same position at the end of the period is allowed unless the emergency employee’s name is certified by the commission as provided in W.S. 15-5-108 . The official making an emergency employment shall report it to the commission within three (3) days, giving the reason and the probable period of emergency.

History. Laws 1965, ch. 112, § 292; W.S. 1957, § 15.1-292; W.S. 1977, § 15-5-112 ; Laws 1980, ch. 38, § 1.

Appointment of temporary police “commander” held nullity absentemergency. —

§ 15-5-112. Retention of positions; discharge; grounds and procedure; retirement of firemen.

All persons occupying positions affected by this article may retain their positions until discharged or reduced in grade under its provisions.
Discharge from a department, or reduction in grade or compensation, or both, may be made for any cause, not political or religious, which will promote the efficiency of the service, on written notice and specifications filed with the commission and served upon the person affected by the authority requesting the discharge or reduction. The person whose discharge or reduction is sought is allowed a reasonable time to answer the charges in writing and demand a hearing. The commission, after hearing or investigation, shall determine whether the reason for discharge or reduction is sufficient and established. Except as otherwise provided in subsection (c) of this section no person may be discharged or reduced in pay or rank without consent of the commission after a hearing, unless the action is pursuant to a classification program under W.S. 15-5-106 . A copy of the specifications, notice, answer, consent and order of discharge or reduction are a part of the public records of the commission.
In the case of a police department:
1. A chief of police or his representative, after written notice, may suspend any regular employee without pay for disciplinary purposes. The chief or his representative shall file with the commission, on or before the effective date of the suspension, a written statement of the causes for such action;
2. A chief of police or his acting chief may discharge or reduce in grade any employee if he considers that the good of the service will be served thereby. Any employee who is discharged or reduced in grade has the right to answer in writing the statement of the chief as to the cause for his discharge or reduction in grade, as the case may be, and to file this and any other affidavits and exhibits in support of his statement with the commission.
If any person in the fire department becomes sixty (60) years of age, the commission shall order that person retired from further service. However, if the person can pass annual mental and physical qualifications tests set by a physician chosen by the commission and governing body and given at no cost to the employee, he may be retained until he becomes sixty-five (65) years of age.

History. Laws 1965, ch. 112, § 293; W.S. 1957, § 15.1-293; W.S. 1977, § 15-5-113 ; Laws 1980, ch. 38, § 1; 1983, ch. 134, § 1; 2010, ch. 69, § 301.

Cross references. —

As to meaning of “commission,” see § 15-5-101 .

The 2010 amendment, effective July 1, 2010, in (a), inserted “or reduced in grade”; and in (b), substituted “reason for discharge or reduction” for “reason for discharge.”

Property interest in employment. —

A nonprobationary police officer whose employment relationship is governed by this article has a constitutionally protected property interest in her continued employment, and a 40-hour suspension without pay pursuant to subsection (c)(i) constitutes a deprivation of that protected property interest. Mondt v. Cheyenne Police Dep't, 924 P.2d 70, 1996 Wyo. LEXIS 127 (Wyo. 1996).

Commission must comply with administrative procedure provisions.—

A contention that the civil service commission is not required to comply with the Wyoming Administrative Procedure Act is without merit, the supreme court having held specifically not only that all agencies are within the act but also that they must file their rules with the secretary of state. Rolfes v. State, 464 P.2d 531, 1970 Wyo. LEXIS 152 (Wyo. 1970).

“For cause” standard. —

The standards for suspending, discharging, or demoting an employee for “disciplinary purposes” pursuant to subsection (c)(i) or “the good of the service” pursuant to subsection (c)(ii) are the equivalent of standards for suspending, discharging, or demoting an employee “for cause,” and thus limit the public employer's exercise of discretion. Mondt v. Cheyenne Police Dep't, 924 P.2d 70, 1996 Wyo. LEXIS 127 (Wyo. 1996).

Due process. —

A police department employee who is suspended under subsection (c) for 40 hours without pay and who denies the charges made against her is entitled to not only a presuspension but also a postsuspension hearing under subsection (b), even though this exceeds the constitutional due process requirements. Mondt v. Cheyenne Police Dep't, 924 P.2d 70, 1996 Wyo. LEXIS 127 (Wyo. 1996).

Suspension without pay not reduction in pay. —

Action taken could not be construed to be a reduction in pay within the meaning of subsection (b), where police officer, for disciplinary purposes, was suspended for two days without pay and there was no showing that his pay scale was reduced or that pay was denied him for days actually worked. Bowen v. Sheridan, 459 P.2d 204, 1969 Wyo. LEXIS 161 (Wyo. 1969).

Distinction between discharge and retirement is clearly established. Gardner v. Nation, 522 P.2d 1281, 1974 Wyo. LEXIS 210 (Wyo. 1974).

Mandatory retirement provisions are nondiscriminatory and involve a general age classification in the valid interests of the municipality and the state. Gardner v. Nation, 522 P.2d 1281, 1974 Wyo. LEXIS 210 (Wyo. 1974).

Whatever rights a city fireman who reached mandatory retirement age of 65 without having completed the number of years of service for a full pension had under the pension plan, such rights did not go so far as to deny the legislature the right to regulate the terms of the employment and by a nondiscriminatory enactment to place a time limit upon the right to continued employment. Gardner v. Nation, 522 P.2d 1281, 1974 Wyo. LEXIS 210 (Wyo. 1974).

Provisions say nothing about filing charges, giving notice, or conducting a hearing. Gardner v. Nation, 522 P.2d 1281, 1974 Wyo. LEXIS 210 (Wyo. 1974).

And they do not contravene civil service requirements that firemen can only be removed for cause and then only after following the requisite procedure of giving notice and holding a hearing. Gardner v. Nation, 522 P.2d 1281, 1974 Wyo. LEXIS 210 (Wyo. 1974).

Court may review disciplinary suspension where police department'scivil service commission grants hearing. —

The district court has jurisdiction to review the disciplinary suspension of a police officer where the rules and regulations of the police department's civil service commission provide that an officer may petition the commission for a hearing upon discharge, or reduction of classification or compensation, the commission grants a hearing to the officer as though he has been reduced in compensation, and the rules then provide that the contested-case proceedings of the Wyoming Administrative Procedure Act must be followed. Keslar v. Police Civil Serv. Comm'n, 665 P.2d 937, 1983 Wyo. LEXIS 342 (Wyo. 1983).

Stated in

City of Casper v. Regan, 433 P.2d 834, 1967 Wyo. LEXIS 183 (Wyo. 1967); City Council v. Kreiling, 911 P.2d 1037, 1996 Wyo. LEXIS 24 (Wyo. 1996); Vance v. City of Laramie, 2016 WY 106, 382 P.3d 1104, 2016 Wyo. LEXIS 117 (Wyo. 2016).

Am. Jur. 2d, ALR and C.J.S. references. —

First Amendment protection for law enforcement employees subjected to discharge, transfer, or discipline because of speech, 109 ALR Fed 9.

§ 15-5-113. Retention of positions; review of decisions.

The decision of the commission discharging or reducing any person in rank or pay may be reviewed by the district court pursuant to Rule 12 of the Wyoming Rules of Appellate Procedure.

History. Laws 1965, ch. 112, § 294; W.S. 1957, § 15.1-294; W.S. 1977, § 15-5-114 ; Laws 1980, ch. 38, § 1.

Court may review disciplinary suspension where police department's civil service commission grants hearing. —

Scope of review under section should be limited as provided in § 16-3-114(c). City of Casper v. Regan, 433 P.2d 834, 1967 Wyo. LEXIS 183 (Wyo. 1967).

Jurisdiction for review of civil service commission decision.—

District court lacked subject matter jurisdiction to consider a city's petition for review of a civil service commission decision, which refused to consent to a firefighter's discharge, because the Wyoming Legislature did not grant cities the right to judicial review of commission decisions that refused to consent to employee discharges. Vance v. City of Laramie, 2016 WY 106, 382 P.3d 1104, 2016 Wyo. LEXIS 117 (Wyo. 2016).

Police chief absolutely immune from damage suits arising out of testimony before commission. —

As a civil service commission hearing possesses characteristics of the judicial process, a chief of police was absolutely immune from suits for damages arising out of his testimony before the commission. Lentsch v. Marshall, 741 F.2d 301, 1984 U.S. App. LEXIS 19631 (10th Cir. Wyo. 1984).

Law reviews. —

See “Scope of Review of Decision of an Administrative Agency in Wyoming,” 9 Wyo. L.J. 65 (1954).

For note, “De Novo Judicial Review of Wyoming Administrative Findings,” see XV Wyo. L.J. 67 (1960).

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes unfair labor practice under state public employee relations acts, 9 ALR4th 20.

Refusal to submit to polygraph examination as ground for discharge or suspension of public employees or officers, 15 ALR4th 1207.

§ 15-5-114. Persons not eligible for appointment; criminal history record information.

No person may be appointed or employed as a regular policeman or officer of the police department or as a fireman or officer of a fire department who:
1. Has been convicted of, or against whom any indictment or information is pending for any offense, the punishment for which may be confinement in any penitentiary;
2. Is a notoriously bad character;
3. Is unable to read and write the English language; or
4. Lacks ordinary physical courage.
A fire department may, as a condition for a position with the department, require applicants to submit to fingerprinting in order to obtain state and national criminal history record information.

History. Laws 1965, ch. 112, § 295; W.S. 1957, § 15.1-295; W.S. 1977, § 15-5-115 ; Laws 1980, ch. 38, § 1; 2006, ch. 62, § 1.

The 2006 amendment, added (b).

Laws 2006, ch. 62, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become a law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2006.

§ 15-5-115. Order of lay off when force reduced; reemployment of firemen.

If the force or schedule of employees of a department is reduced, the person last certified for employment in the department or employed in the department in accordance with W.S. 15-5-122 shall be the first laid off. If more than one (1) person were employed in accordance with W.S. 15-5-122 simultaneously, and those persons were employed after the person last certified for employment, the person with the least seniority for his previous employing entity shall be the first laid off.
If a disabled, paid fireman, drawing a disability pension, becomes fit for active duty and his disability pension is discontinued within eighteen (18) months from the date of disability, he shall be returned to service in the department without any loss of rank, seniority or other privileges, provided he has not been discharged or reduced in grade for cause.
Former firemen who have been laid off within two (2) years because of reduction in force, and firemen who have been on a disability pension for more than eighteen (18) months but who have thereafter become fit for active duty, shall be given a priority, in the order of their original employment, upon application for any vacancy which cannot be filled by personnel then within the department, provided that the former firemen and formerly disabled firemen are then persons of good standing and qualified for the vacancy.

History. Laws 1965, ch. 112, § 296; W.S. 1957, § 15.1-296; W.S. 1977, § 15-5-116 ; Laws 1980, ch. 38, § 1; 2003, ch. 45, § 2.

§ 15-5-116. Politically related activities prohibited.

No officer or employee of a department shall discharge or change the amount of compensation of any other officer or employee, or promise or threaten to do so, for giving, withholding or neglecting to make contributions or perform services for any political purpose, nor shall any officer or employee solicit political contributions from any civil service employee.

History. Laws 1965, ch. 112, § 297; W.S. 1957, § 15.1-297; W.S. 1977, § 15-5-117 ; Laws 1980, ch. 38, § 1.

Stated in

Vance v. City of Laramie, 2016 WY 106, 382 P.3d 1104, 2016 Wyo. LEXIS 117 (Wyo. 2016).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction and effect of state statutes restricting political activities of public officers or employees, 51 ALR4th 702.

§ 15-5-117. Duties of commission; employee roster.

The commission shall keep at its office a roster showing the name, residence, position, date employed, compensation and duties of each person in the service. The commission has access to all public records and papers.

History. Laws 1965, ch. 112, § 298; W.S. 1957, § 15.1-298; W.S. 1977, § 15-5-118 ; Laws 1980, ch. 38, § 1.

§ 15-5-118. Duties of commission; employee certification.

The commission shall certify to the city clerk the names of employees in the service, stating in each case the character and date of commencement of service and any change in service. The governing body shall not allow a bill for service, nor shall the city clerk issue a warrant for the payment of any compensation to any person not so certified.

History. Laws 1965, ch. 112, § 299; W.S. 1957, § 15.1-299; W.S. 1977, § 15-5-119 ; Laws 1980, ch. 38, § 1.

§ 15-5-119. Duties of commission; rules; other powers.

The commission, together with a committee of three (3) designated by the mayor from the governing body shall adopt, and the commission shall enforce all rules and regulations necessary for the government of their proceedings. The commission shall:
1. Adopt rules for:
  1. The classification of employment; and
  2. Promotion on the basis of merit, experience and good record.
2. Prepare eligibility lists from which vacancies are to be filled;
3. Prescribe the procedure for the investigation of breaches of rules and regulations.
The commission may compel the attendance of witnesses and do all other things necessary to carry out the purposes and intent of this article.

History. Laws 1965, ch. 112, § 300; W.S. 1957, § 15.1-300; W.S. 1977, § 15-5-120 ; Laws 1980, ch. 38, § 1.

Stated in

Vance v. City of Laramie, 2016 WY 106, 382 P.3d 1104, 2016 Wyo. LEXIS 117 (Wyo. 2016).

Quoted in

Mondt v. Cheyenne Police Dep't, 924 P.2d 70, 1996 Wyo. LEXIS 127 (Wyo. 1996).

Cited in

City Council v. Kreiling, 911 P.2d 1037, 1996 Wyo. LEXIS 24 (Wyo. 1996).

§ 15-5-120. Prohibitions with respect to examinations.

No person shall willfully or corruptly, by himself or in cooperation with anyone else:
1. Defeat, deceive or obstruct any person in respect to his rights to examination;
2. Falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, or aid in doing so;
3. Make any false representations concerning the examination or the person examined;
4. Furnish to any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person examined or to be examined, appointed, employed or promoted.

History. Laws 1965, ch. 112, § 301; W.S. 1957, § 15.1-301; W.S. 1977, § 15-5-121 ; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 15-5-121. Penalties.

Any person who violates any provision of this article is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than one hundred dollars ($100.00), or imprisonment for not more than thirty (30) days, or both.

History. Laws 1965, ch. 112, § 302; W.S. 1957, § 15.1-302; W.S. 1977, § 15-5-122 ; Laws 1980, ch. 38, § 1.

Law reviews. —

For comment, “The Right of Wyoming State and Municipal Employees to Organize, Receive Exclusive Recognition, and Bargain Collectively,” see V Land & Water L. Rev. 605 (1970).

§ 15-5-122. Fire and police services provided under cooperative agreements; exemption from civil service provisions; service credit.

The examination, preference and initial employment criteria of W.S. 15-5-105 through 15-5-108 shall not apply to a person employed in a fire or police department if:
1. The person was employed by a fire, emergency medical or police department of a county, special district, joint powers board or municipality not subject to this article;
2. The person becomes employed by a municipality subject to this article as a result of a contract or agreement between the municipality and the person’s previous employing entity to jointly provide fire, emergency medical services or police protection pursuant to W.S. 18-2-108 , 16-1-101 or the Wyoming Joint Powers Act; and
3. The new employing municipality agrees to apply the provisions of this section to the person.
A person meeting the conditions of subsection (a) of this section shall:
1. Be credited with his years of employment in his position for the previous employing entity for purposes of classification under this article, including, but not limited to, the provisions of W.S. 15-5-109 . Employment for the previous employing entity shall not be credited for purposes of W.S. 15-5-115 , except as between persons employed pursuant to this section simultaneously;
2. Not be considered to be employed in violation of the maximum age requirement for purposes of W.S. 15-5-204(d).

History. Laws 2003, ch. 45, § 1; 2005, ch. 123, § 1.

The 2005 amendment, effective July 1, 2005, in (a), deleted “age” preceding “preference.”

Wyoming Joint Powers Act. —

See §§ 16-1-102 , 16-1-103(a)(ii).

Cited in

Vance v. City of Laramie, 2016 WY 106, 382 P.3d 1104, 2016 Wyo. LEXIS 117 (Wyo. 2016).

Article 2. Firemen Pensions and Death Benefits

Cross references. —

For authority of board of public utilities in cities and towns to provide for a civil service status or a pension system, or both, for its employees, see § 15-7-404 .

As to retirement, see §§ 9-3-401 through 9-3-432 .

As to volunteer firemen's pension account, see §§ 35-9-601 through 35-9-615 .

Am. Jur. 2d, ALR and C.J.S. references. —

60A Am. Jur. 2d Pensions and Retirement Funds §§ 1616, 1683 and 1684.

Disciplinary suspension of public employee as affecting computation of length of service for retirement or pension purposes, 6 ALR2d 506.

Cause or connection between firemen's performance of official duties and his disability for purposes of recovering disability benefits, 27 ALR2d 974.

Validity of legislation providing for additional retirement or disability allowances for firemen previously retired or disabled, 27 ALR2d 1442.

Validity or repeal of modification of pension statute provisions, 52 ALR2d 437.

Determination whether firefighter's disability is service-connected for disability pension purposes, 12 ALR4th 1158.

§ 15-5-201. Definitions.

As used in this article:
1. Repealed by Laws 1981, ch. 41, § 3.
2. “Benefit unit” means each of the following:
  1. Each paid fireman;
  2. Each person receiving a monthly pension under W.S. 15-5-204 ;
  3. Each person receiving a disability pension under W.S. 15-5-204 ;
  4. Each account of a deceased or retired fireman from which monthly pension payments are being made to any person under W.S. 15-5-205 and 15-5-206 .
3. “Compensation Act” means the Wyoming Worker’s Compensation Act, W.S. 27-14-101 through 27-14-806 ;
4. “Fireman first class” means the highest salary grade which a fireman can obtain within his department without any promotion in rank. The term specifically excludes chiefs, officers, engineers, fire equipment operators, secretaries, mechanics, inspectors and all other specialized grades, ratings and ranks;
5. and (vi) Repealed by Laws 1981, ch. 41, § 3.
6. Repealed by Laws 2009, ch. 90, § 3.
7. “Injured, disabled or killed in the line of duty” means that a paid or volunteer fireman is injured or disabled when he meets with bodily or mental injury while actually engaged in the repair, upkeep or care of fire apparatus, or in the performance of duties prescribed in the maintenance and operation of a fire department;
8. “Maximum monthly salary of a fireman first class” means the gross monthly salary of a fireman first class, including the greatest longevity or additional monthly salary increase for length of service, as established by the city, town or county which employed the retired, disabled or deceased paid fireman, and including contributions required by W.S. 15-5-203 ;
9. “Minimum annual cash requirement of the account” means the amount of cash needed to meet the known required disbursements from the firemen’s pension account during the upcoming fiscal year, reduced by the anticipated cash account balance of the firemen’s pension account on hand at the end of the current fiscal year;
10. “Paid fireman” means an individual regularly employed and paid by any city, town, county or fire protection district for devoting his entire time of employment to the care, operation and requirements of a regularly constituted fire department;
11. Repealed by Laws 1981, ch. 41, § 3.
12. “Twenty years active service” means that an individual’s principal means of livelihood for twenty (20) years has been employment by one (1) or more cities, towns, counties or fire protection districts as a member of a regularly constituted fire department and that the individual has been carried on the payrolls thereof for that period of time;
13. “Volunteer fireman” means an individual who devotes less than his entire time of employment to, but who is carried on the rolls of a regularly constituted fire department, the members of which may be partly paid and partly volunteer. Payment of compensation for services actually rendered by enrolled volunteers does not take them out of this classification. Any individual who volunteers assistance but is not regularly enrolled as a fireman is not a volunteer within the meaning of this article;
14. “Board” means the retirement board created by W.S. 9-3-404 ;
15. “Employer” means any incorporated municipality, county or fire protection district offering fire protection or public safety services employing one (1) or more members.

History. Laws 1965, ch. 112, § 303; W.S. 1957, § 15.1-303; Laws 1973, ch. 231, § 1; 1980, ch. 38, § 1; 1981, ch. 41, §§ 2, 3; 1983, ch. 147, § 1; 2004, ch. 77, § 1; 2006, ch. 47, § 1; ch. 114, § 1; 2009, ch. 90, § 3; 2012, ch. 98, § 1.

The 2004 amendment, effective July 1, 2004, in (a)(ix), substituted “the greatest longevity” for “the fullest longevity,” deleted “Any increase or decrease of the maximum monthly salary of a fireman first class shall proportionately increase or decrease the first retirement, disability and death benefit pension payments made after the salary change is certified or proved to the state treasurer by the city, town or county. When so certified or proved, it shall, thereafter, only change the pension payments of paid firemen or former paid firemen of the department affected by the salary change” at the end, and made stylistic changes.

The 2006 amendments. —

The first 2006 amendment, by ch. 47, § 1, substituted “or public safety services employing one (1) or more members” for “service employing one (1) or more paid firemen members” in (a)(xvi).

Laws 2006, ch. 47, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2006.

The second 2006 amendment, by ch. 114, § 1, substituted “the fiscal year beginning July 1 and ending June 30” for “a twelve (12) month period as defined by W.S. 9-7-303” in (a)(vii).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Pursuant to the conflicting laws provision in ch. 114, both have been given effect as set out above.

The 2009 amendment, effective July 1, 2009, repealed former (a)(vii), pertaining to definition of “fiscal year.”

The 2012 amendment, substituted “27-14-806” for “27-14-307” at the end of (a)(iii).

Laws 2012, ch. 98 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Section 9-7-303, referred to in subsection (a)(vii), was repealed in 1980.

In light of the 1987 revision of title 27, the translation of the Wyoming Worker's Compensation Act, referred to in subsection (a)(iii), is incorrect. See §§ 27-14-101 and 27-14-102(a)(xxvi).

Legislative intent. —

Prospective application. —

Laws 2001, ch. 36, § 3, provides: “The increase to the base benefit and the benefit payable to the surviving spouse and dependent parents provided under section 1 of this act shall apply to all benefits payable under W.S. 15-5-201 through 15-5-209 on or after July 1, 2001, and shall not apply to benefit payments made under W.S. 15-5-201 through 15-5-209 prior to July 1, 2001.”

Laws 2000, ch. 42, § 2, effective July 1, 2000, provides: “The increase to the base benefit provided under section 1 of this act shall apply to all benefits payable under W.S. 15-5-201 through 15-5-209 on or after July 1, 2000, and shall not apply to benefit payments made under W.S. 15-5-201 through 15-5-209 prior to July 1, 2000.”

Conflicting legislation. —

Savings clauses. —

Laws 2001, ch. 35, § 2, provides: “This act [which amended § 15-5-202 to prohibit dual participation in a paid and volunteer firemen's pension fund] shall not apply to any person who prior to the effective date of this act [February 16, 2001], participated in the firemen's pension system established under W.S. 15-5-201 through 15-5-209 or 15-5-401 through 15-5-422 and pursuant to rule and regulation of the volunteer firemen's pension board, participated as a vested member of the volunteer firemen's pension fund under W.S. 35-9-601 through 35-9-615 .”

Someone in position of “permanent floor-watch duty” would be a “paid fireman.” Hoy v. Firemen's Pension Fund, 540 P.2d 531, 1975 Wyo. LEXIS 163 (Wyo. 1975).

Cited in

Wyoming State Treas. v. City of Rawlins, 510 P.2d 301, 1973 Wyo. LEXIS 160 (Wyo. 1973).

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes “salary,” “wages,” “pay,” or the like, within pension law basing benefits thereon, 91 ALR5th 225.

§ 15-5-202. Pension account; creation; administration; donations; investment; dual participation prohibited.

There is created a firemen’s pension account for the purpose of paying the awards, benefits and pensions under the provisions of this article. The account shall be administered by the board through the director. The board has full custody and control of the account with full power over its administration. The director of the state department of audit or his designee shall make a biennial audit of the account and the receipts thereto and disbursements therefrom and report his findings to the governor and the legislature. The account shall be administered without liability on the part of the state beyond the amount of the funds. All expenses of administration shall be paid from the account.
Repealed by Laws 1997, ch. 69, § 2.
The board is empowered to:
1. Receive and credit to the account any and all gifts, donations and contributions as may be made by individuals and organizations for the benefit of the account;
2. Invest all account monies not immediately necessary for disbursements in any of the securities and in any amounts authorized by W.S. 9-3-408 .
No paid fireman shall participate as a member of the firemen’s pension account established under this article and as a member of the volunteer firefighter, EMT and search and rescue pension account established under W.S. 35-9-616 through 35-9-628 if participation is based upon covered service with the same fire department.

History. Laws 1965, ch. 112, § 304; W.S. 1957, § 15.1-304; Laws 1967, ch. 58, § 1; 1973, ch. 230, § 1; ch. 245, § 3; 1980, ch. 38, § 1; 1981, ch. 41, § 2; 1986, ch. 77, § 1; 1991, ch. 240, § 1; 1993, ch. 189, § 1; 1995, ch. 199, § 1; 1997, ch. 69, § 2; 2001, ch. 35, § 1; 2005, ch. 231, § 1; 2010, ch. 69, § 203; 2017, ch. 172, § 1; 2019, ch. 83, § 1.

Cross references. —

As to deposit of gross tax levied upon fire insurance premiums, see §§ 26-4-102(b)(ii) and 35-9-604 .

The 2005 amendment, effective July 1, 2005, in (a), in the first sentence deleted “within the earmarked revenue fund” following “firemen's pension account”; and in (d), substituted “volunteer firemen's pension account” for “volunteer firemen's pension fund.”

The 2010 amendment, effective July 1, 2010, in (a), deleted “and article 2 of this chapter” after “in this article,” added “director of the state department of audit,” and deleted the former last sentence, which read: “Effective July 1, 1981 the firemen's contingency account is abolished and all monies in that account as of that date shall be credited to the firemen's pension account.”

The 2017 amendment , effective July 1, 2017, in (d), substituted “volunteer firefighter and EMT pension account established under W.S. 35-9-616 through 35-9-628 ” for “volunteer firemen's pension account established under W.S. 35-9-601 through 35-9-615 .”

The 2019 amendment, effective July 1, 2019, in (d), substituted "volunteer firefighter, EMT and search and rescue pension account" for "volunteer firefighter and EMT pension account."

Editor's notes. —

The first sentence in subsection (a) is set out as it appears in the printed acts.

Prospective application. —

Laws 2001, ch. 35, § 2, provides: “This act shall not apply to any person who prior to the effective date of this act, participated in the firemen's pension system established under W.S. 15-5-201 through 15-5-209 or 15-5-401 through 15-5-422 and pursuant to rule and regulation of the volunteer firemen's pension board, participated as a vested member of the volunteer firemen's pension fund under W.S. 35-9-601 through 35-9-615 .”

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

Applied in

Wyoming State Treas. v. City of Casper, 551 P.2d 687, 1976 Wyo. LEXIS 202 (Wyo. 1976).

Stated in

Firemen's Pension Fund v. Hoy, 516 P.2d 365, 1973 Wyo. LEXIS 195 (Wyo. 1973).

Cited in

Wyoming State Treas. v. City of Rawlins, 510 P.2d 301, 1973 Wyo. LEXIS 160 (Wyo. 1973); Gardner v. Nation, 522 P.2d 1281, 1974 Wyo. LEXIS 210 (Wyo. 1974).

§ 15-5-203. Firemen and employer contributions; imposition at discretion of board; amounts; how and when collected, suspended and reinstated.

In addition to the amount appropriated to the firemen’s pension account by W.S. 15-5-202 , every paid fireman may, at the discretion of the board, be assessed not more than eight percent (8%) of his gross monthly salary for the use and benefit of the account, up to the maximum monthly salary of a fireman first class. Any salary assessment imposed under this subsection shall be withheld monthly from his salary by the treasurer or other disbursing officer of the city, town or county.
and (c) Repealed by Laws 1981, ch. 41, § 3.
Upon a determination by the board in accordance with subsection (g) of this section, every employer shall pay into the account for each paid fireman it employs an amount not to exceed twenty-one percent (21%) of the salary of a fireman first class. Any contributions imposed under this subsection, together with the paid firemen’s contributions, shall be transferred and credited to the account in a manner as the board directs. If the contributions are not transferred to the board when due, they may be recovered, together with interest at the rate of ten percent (10%) per annum in an action brought for that purpose in the district court for the county in which the employer has its principal office.
The contributions required by subsection (a) of this section shall be paid by the employer for paid firemen covered under this article in order to be treated as employer contributions for the sole purpose of determining tax treatment under the United States internal revenue code.
The contributions under subsection (e) of this section shall be paid from the source of funds which is used in paying salary to paid firemen covered under this article. The employer may pay these contributions by a reduction in cash salary of the paid firemen or by an offset against a future salary increase, or by a combination of a reduction in salary and an offset against a future salary increase, provided:
1. No such salary reduction or offset, or combination thereof, shall exceed the percentage amount actually being deducted from an employee’s salary for contributions to the firemen’s pension account as of July 1, 1983; and
2. Any employer may pay any amount of an employee’s share of retirement contributions without a salary reduction or offset, or combination thereof.
Based upon findings and recommendations of the Wyoming retirement system actuary, the board shall determine if contributions under subsections (a) and (d) of this section are necessary for the continued payment of benefits under this article. Any contributions imposed by the board upon paid firemen and employers shall bear the ratio provided for the maximum contribution rates authorized under subsections (a) and (d) of this section. If contributions are reinstated at any time following suspension of contributions, the board shall provide notice of reinstated contributions to firemen and employers not less than six (6) months prior to the date of imposition.

History. Laws 1965, ch. 112, § 305; W.S. 1957, § 15.1-305; Laws 1967, ch. 58, § 2; ch. 115, § 5; 1973, ch. 231, § 1; ch. 245, § 3; 1975, ch. 144, § 1; 1980, ch. 38, § 1; 1981, ch. 41, §§ 2, 3; 1983, ch. 147, § 1; 1996, ch. 6, § 1; 1997, ch. 69, § 1; 2010, ch. 69, § 203.

The 2010 amendment, effective July 1, 2010, in (e), deleted “From and after July 1, 1983” at the beginning.

Section does not violate state constitution (art. 1, § 34, Wyo. Const.) — Wyoming State Treas. v. City of Rawlins, 510 P.2d 301, 1973 Wyo. LEXIS 160 (Wyo. 1973).

Payment required by section is not a tax within the meaning of art. 1, § 28, Wyo. Const.Wyoming State Treas. v. City of Rawlins, 510 P.2d 301, 1973 Wyo. LEXIS 160 (Wyo. 1973).

Or if it is, it is constitutionally applied equally and uniformly. Wyoming State Treas. v. City of Rawlins, 510 P.2d 301, 1973 Wyo. LEXIS 160 (Wyo. 1973).

Applied in

Wyoming State Treas. v. City of Casper, 551 P.2d 687, 1976 Wyo. LEXIS 202 (Wyo. 1976); Atkinson v. Wittler, 647 P.2d 72, 1982 Wyo. LEXIS 352 (Wyo. 1982).

§ 15-5-204. Pensions; amounts; qualifications; when paid; disability benefits; disqualifications; examinations; disallowance; actions; adjustment.

Any person qualifying may retire from active service and receive a monthly pension of seventy-five percent (75%) of the maximum monthly salary of a fireman first class. Any benefit increases which may occur shall not subsequently be withdrawn. This benefit accrues to any paid fireman who has completed twenty (20) years of active service in regularly constituted fire departments of any cities, towns, counties or fire protection districts and to any paid fireman suffering from a mental or physical disability rendering him unfit for active duty. Any paid fireman covered under this article may continue service beyond twenty (20) years and receive an additional benefit of one and one-half percent (1.5%) of the maximum salary of a fireman first class for each year of service beyond twenty (20) years.
Any fireman with less than ten (10) years of service upon terminating his employment for any reason shall receive in a lump sum a refund of all the money he has contributed to the firemen’s pension account. Refund of such contributions extinguishes all rights to any benefits under this article.
After ten (10) years as a full time paid fireman, any fireman upon terminating his employment for any reason may have his choice of:
1. A refund, in a lump sum, of all the money he has contributed into the firemen’s pension account, less one-half percent (1/2%) for bookkeeping costs; or
2. Upon the twentieth anniversary of the date of his employment as a full time paid fireman he may draw a monthly pension computed as follows:
  Number of years service x 75% of the maximummonthly salary of a fireman first class 20
  
  Click to view
No fireman is entitled to draw a disability pension if the primary cause of the mental or physical disability which renders him unfit for active duty is alcoholism, substance abuse or addiction or an injury incurred as a result of the commission of a crime of a voluntary nature, or a mental or physical condition which existed at the time of his employment.
The board may require firemen applying for or drawing a disability pension to submit periodically to a physical or mental examination by a physician it selects and to furnish relevant information it requests. If the physician’s report, or other evidence available to the board, shows that the fireman is not qualified for the disability pension, or that he is fit for active duty, the board shall disallow or discontinue the payment of the monthly disability pension. Examining physicians selected by the board shall be paid from the account in accordance with existing worker’s compensation schedules for examinations.
Any applicant or beneficiary of the firemen’s pension account aggrieved by a disallowance or discontinuance of pension benefits has a right to commence an action in the district court of the county in which the applicant resides, naming the board, as custodian of the firemen’s pension account, as the party defendant, to have his rights to pension benefits determined before a judge of the district court.
Any pension benefit, survivor benefit or disability benefit received by an eligible individual under this article, and the fireman for whom the benefit is generated has been retired for a period of not less than one (1) year, shall be increased each year by at least three percent (3%). In the event the most current actuarial valuation indicates the market value of assets is greater than one hundred fifteen percent (115%) of the actuarial value of liabilities, the board may increase the benefit by an amount determined affordable by the actuary, but in no case shall the total increase be greater than five percent (5%) of the benefit. Any increase under this subsection shall be added to the pension benefit, survivor benefit or disability benefit and compounded for purposes of determining the total benefit amount in subsequent years.
The board shall adopt rules to allow service for any period of time, after commencement of participation under this article, which an employee spends in active military or other emergency service of the United States as required by the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301 et seq.

History. Laws 1965, ch. 112, § 306; W.S. 1957, § 15.1-306; Laws 1973, ch. 245, § 3; 1980, ch. 38, § 1; 1981, ch. 41, § 2; 1991, ch. 137, § 1; 1997, ch. 69, § 1; 2000, ch. 42, § 1; 2001, ch. 36, § 1; 2004, ch. 77, § 1; 2005, ch. 123, § 1; 2010, ch. 58, § 1.

Cross references. —

As to administration of firemen's pension account, see § 15-5-202(a).

The 2004 amendment, effective July 1, 2004, added (g).

The 2005 amendment, effective July 1, 2005, in (d), substituted “substance abuse or” for “dope”; and deleted the former final sentence, which read: “Firemen employed in violation of the maximum age requirement specified in W.S. 15-5-107 are not qualified to receive a disability pension.”

The 2010 amendment, effective July 1, 2010, added (h).

Prospective application. —

Laws 2000, ch. 42, § 2, provides: “The increase to the base benefit provided under section 1 of this act shall apply to all benefits payable under W.S. 15-5-201 through 15-5-209 on or after July 1, 2000, and shall not apply to benefit payments made under W.S. 15-5-201 through 15-5-209 prior to July 1, 2000.”

Failure to refund certain contributions not unconstitutional.—

The failure of this section before the 1981 amendment to provide for the refund of compulsory contributions to the firemen's pension account by former firemen who had served in that capacity for less than five years was not a taking of their private property for public or private use without just compensation in violation of art. 1, § 33, Wyo. Const.Atkinson v. Wittler, 647 P.2d 72, 1982 Wyo. LEXIS 352 (Wyo. 1982).

Wyoming pension laws are not designed to be harsh or work any hardship on a disabled fireman. Hoy v. Firemen's Pension Fund, 540 P.2d 531, 1975 Wyo. LEXIS 163 (Wyo. 1975).

“Paid fireman” fit for “active duty” should be denied a disability pension. Hoy v. Firemen's Pension Fund, 540 P.2d 531, 1975 Wyo. LEXIS 163 (Wyo. 1975).

Someone in position of “permanent floor-watch duty” would be a “paid fireman.” Hoy v. Firemen's Pension Fund, 540 P.2d 531, 1975 Wyo. LEXIS 163 (Wyo. 1975).

“Floor-watch duty” is “active duty” as a matter of law. Hoy v. Firemen's Pension Fund, 540 P.2d 531, 1975 Wyo. LEXIS 163 (Wyo. 1975).

Hence, disabled fireman able to perform floor-watch duty deniedpension. —

The denial of a disability pension was mandatory pursuant to subsection (d), if a disabled fireman was able to perform “floor-watch duty.” Hoy v. Firemen's Pension Fund, 540 P.2d 531, 1975 Wyo. LEXIS 163 (Wyo. 1975).

Right to bring action. —

Subsection (f) is clear in its provision that an applicant of the firemen's pension fund (now account) aggrieved by a disallowance of pension benefits might bring an action in the district court to have the right to pension benefits determined, which procedure not being inconsistent with the Wyoming Administrative Procedure Act is in addition and supplementary thereto. Firemen's Pension Fund v. Hoy, 516 P.2d 365, 1973 Wyo. LEXIS 195 (Wyo. 1973).

§ 15-5-205. Death benefits to surviving spouse; amounts; limitations; length of payments.

If any paid fireman dies from any cause, the board shall pay to the surviving spouse a monthly pension equal to the greater of the monthly benefit payable to the fireman under W.S. 15-5-204 or the monthly benefit payable under W.S. 15-5-204 (a) for twenty (20) years of active service. Benefits payable under this subsection shall be paid out of the firemen’s pension account and shall continue for the spouse’s life.
If the fireman is a retired fireman drawing his pension at the time of his death, the board shall pay to the surviving spouse a monthly pension equal to the monthly benefit payable to the fireman under W.S. 15-5-204 . Benefits payable under this subsection shall be paid out of the firemen’s pension account and shall continue for the spouse’s life.
Repealed by Laws 2001, ch. 36, § 2.

History. Laws 1965, ch. 112, § 307; W.S. 1957, § 15.1-307; Laws 1973, ch. 245, § 3; 1980, ch. 38, § 1; 1981, ch. 41, § 2; 1987, ch. 35, § 1; 1997, ch. 69, § 1; 2001, ch. 36, §§ 1, 2.

Resumption of discontinued payments. —

Laws 1987, ch. 35, § 2, provides: “If the benefit payments to any surviving spouse were discontinued under W.S. 9-3-613 , 9-3-614 , 15-5-205 or 15-5-412 at any time because the surviving spouse remarried, those benefit payments shall be resumed in an amount to which the surviving spouse is entitled as provided by the appropriate statute authorizing surviving spouse benefit payments. Payments shall be resumed as of the month immediately following the month in which this act is effective.”

Prospective application. —

§ 15-5-206. Death benefits to dependent father and mother; amounts.

If any paid fireman dies, leaving no surviving spouse or children, but leaves a surviving dependent father or mother or both, the board shall pay to the mother if there is no father, to the father if there is no mother or to both, out of the firemen’s pension account, a monthly amount equal to the pension the retired fireman was receiving if retired at the time of his death, or if in active service at the time of death, a monthly amount equal to the greater of the monthly benefit payable to the fireman under W.S. 15-2-204 at the time of his death or the monthly benefit payable under W.S. 15-2-204 (a) for twenty (20) years of active service. If either the surviving mother or father dies after the payments have started, the board shall pay to the surviving parent the full amount as computed under this section.

History. Laws 1965, ch. 112, § 308; W.S. 1957, § 15.1-308; Laws 1973, ch. 245, § 3; 1980, ch. 38, § 1; 1981, ch. 41, § 2; 1997, ch. 69, § 1; 2001, ch. 36, § 1.

Prospective application. —

§ 15-5-207. Application for benefits; statement filed; determination; review; appeal.

If any fireman, his surviving spouse, dependent children or dependent parents are entitled to any pension or benefits under this article, the fireman, or in the event of his death, the chief of the fire department of which he was a member, or some other proper person, shall apply by filing a complete and concise statement of the facts necessary to entitle the fireman or the fireman’s surviving spouse or children or parents to the benefits or pension. The application shall be filed with the board upon forms it provides. The board is empowered to investigate the application and determine whether or not it should be granted and to hear evidence as to the justice of the application, or to require and receive affidavits as to the truth of the statements made in the application. If the application is refused, the matter may be taken, by petition, before the district court of the county in which the applicant resides. The court shall notify the board of the date set for hearing. The decision of the district court is binding upon the board and applicant unless appealed from according to the procedure provided under the Worker’s Compensation Act [§ 27-14-101 et seq.].

History. Laws 1965, ch. 112, § 310; W.S. 1957, § 15.1-310; Laws 1980, ch. 38, § 1; 1981, ch. 41, § 2.

§ 15-5-208. Pension application; payments thereafter; when benefits suspended.

Application for pension may be made prior to actual retirement upon statement of the intention to retire, but payment shall not begin until the applicant has actually retired and his name is stricken from the payroll of the city or town. No fireman or any of his survivors is entitled to any of the benefits of this article while the fireman or his survivors are receiving payments under the Worker’s Compensation Act [§ 27-14-101 et seq.], but when the payments under the Worker’s Compensation Act terminate, his or their rights to the benefits of this article attach. Any fireman who is entitled to the benefits of insurance paid for from the general fund of any city or town is not entitled to any of the benefits of this article until the insurance payments cease.

History. Laws 1965, ch. 112, § 311; W.S. 1957, § 15.1-311; Laws 1980, ch. 38, § 1; 1981, ch. 41, § 2.

Cross references. —

As to insurance generally, see title 26.

§ 15-5-209. Payments; when and how made; protections; nonassignability; qualified domestic relations order.

Payments made under this article shall be made to the beneficiaries on or before the fifth day of each month and shall be made by voucher approved by the board or its designee drawn against the firemen’s pension account and paid by the board out of the account. No payments made under this article are subject to judgment, attachment, execution, garnishment or other legal process and are not assignable nor shall the board recognize any assignment nor pay over any sum assigned.
Notwithstanding subsection (a) of this section, payments under this article may be made in accordance with qualified domestic relations orders pursuant to W.S. 9-3-426 .

History. Laws 1965, ch. 112, § 312; W.S. 1957, § 15.1-312; Laws 1973, ch. 245, § 3; 1980, ch. 38, § 1; 1981, ch. 41, § 2; 1993, ch. 149, § 1.

§ 15-5-210. [Repealed.]

Repealed by Laws 1996, ch. 6, § 2.

Editor's notes. —

This section, which derived from Laws 1981, ch. 41, § 1, related to funding by the state.

Article 3. Policemen Pensions and Death Benefits

Am. Jur. 2d, ALR and C.J.S. references. —

60A Am. Jur. 2d Pensions §§ 1166 to 1173.

Disciplinary suspension of public employee as affecting computation of length of service for retirement for pension purposes, 6 ALR2d 506.

What constitutes “salary,” “wages,” “pay,” etc., within pension law basing benefits thereon, 14 ALR2d 634.

Cause or connection between policeman's performance of official duties and his disability for purpose of recovering disability benefits, 27 ALR2d 974.

Validity of legislation providing for additional retirement or disability allowances for policemen previously retired or disabled, 27 ALR2d 1442.

Validity or repeal of modification of pension statute provisions, 52 ALR2d 437.

Misconduct of one seeking pension or on account of whose services pension is sought, as warranting denial of application therefor, 76 ALR2d 566.

63 C.J.S. Municipal Corporations §§ 524 to 532.

§ 15-5-301. Pension fund; establishment; separate accounts.

The governing body of any city or town maintaining a paid police department and having a population of more than four thousand (4,000), after ten (10) days published notice and a public hearing thereon, may establish a policemen pension fund. Any such fund established prior to July 1, 1981 shall be divided into two (2) separate accounts to be known as the existing account and the new account. The existing account shall consist of contributions from police officers employed prior to July 1, 1981 and city or town contributions made in those officers’ behalf. The new account shall consist of contributions made from police officers employed after June 30, 1981 and city or town contributions made in those officers’ behalf.

History. Laws 1965, ch. 112, § 314; W.S. 1957, § 15.1-314; W.S. 1977, § 15-5-220; Laws 1980, ch. 38, § 1; 1981, ch. 97, § 1; 2009, ch. 170, § 1.

The 2009 amendment, effective July 1, 2009, deleted “in the last federal census” following “more than four thousand (4,000)” in the first sentence.

Editor's notes. —

Laws 2002, ch. 82, § 4, provides:

“(a) Except for the city of Cheyenne as provided under subsection (b) of this section, each city, town or county with law enforcement officers covered under the Wyoming retirement system or under a police pension fund established pursuant to W.S. 15-5-301 through 15-5-314 shall on or before June 30, 2003 transfer the covered officers for coverage under W.S. 9-3-432 or ensure retirement system coverage for its officers under W.S.9-3-432, as applicable, as of the date of entry or expansion of coverage. In addition, all assets of any police pension fund shall be transferred by the city, town or county to the retirement system not later than the date of entry into the system.

“(b) Notwithstanding subsection (a) of this section, the police pension fund of the city of Cheyenne shall be transferred to the retirement system on or before June 30, 2004, for purposes of W.S. 9-3-432 and 9-3-401 through 9-3-431 , as applicable, provided the city pays for any liability created under W.S. 15-5-301 through 15-5-314 and for coverage of officers under the retirement system prior to the date of transfer.

“(c) Coverage of Wyoming law enforcement academy instructors, investigators of the Wyoming livestock board and Wyoming correctional officers under W.S. 9-3-432 as created by section 1 of this act, and the transfer of law enforcement officers covered under a police pension fund of a city, town or county to coverage under W.S. 9-3-432 , as created by section 1 of this act, shall not be implemented by the Wyoming retirement board until funds payable to the Wyoming retirement system are received as required by this section for deposit into the retirement account, as necessary for maintaining the actuarial integrity of the account and funding all liability arising under this act, for years of service prior to the date of entry or expansion of coverage.

“(d) In addition to subsection (c) of this section, W.S.9-3-4322, as created by section 1 of this act, shall not be implemented by the Wyoming retirement board until funds necessary for maintaining the actuarial integrity of the account and funding any liability arising under this act, are deposited into the Wyoming retirement account, and contributions required under W.S. 9-3-432(a) and (b), as created under section 1 of this act, are paid to the Wyoming retirement system for deposit into the retirement account for at least two (2) months of covered service following the date of entry or expansion of expansion of coverage, as applicable.”

Laws 2002, Sp. Sess., ch. 82, § 7, directs that for purposes of the act, the Wyoming retirement system is separated into two systems for accounting and actuarial purposes and creates the Wyoming Law Enforcement Retirement System for purposes of benefits and funding created by this act which shall be maintained and administered separately from the Wyoming retirement system.

Legislative intent. —

Laws 2002, Sp. Sess., ch. 82, § 5 states that it is the intention of the legislature because the benefits of the law enforcement pension account are mandated by state law, that the state of Wyoming fund the unfunded accrued liability of the account. The unfunded liability is to be amortized over a 20-year period with annual payments by the state to be in an actuarially determined amount.

§ 15-5-302. Pension fund; contributions; salary deductions; unfunded liability; city or town and state responsibilities; adjustment of contributions.

The city or town shall contribute annually to the existing account an actuarially determined amount which combined with the police officers’ contributions, or contributions made on his behalf, will be sufficient to meet the normal costs of the account. The proceeds from the contribution shall be placed with the city treasurer in the existing account within the policemen pension fund. In addition, in accordance with subsection (f) of this section, the city treasurer may deduct from the salary of each police officer employed prior to July 1, 1981, an amount not to exceed eight percent (8%) of the monthly compensation payable to that officer and, if deducted, shall place it in the existing account within the policemen pension fund. In lieu of deducting from the salary of each police officer the amount specified in this subsection, the city treasurer may, upon approval by the governing body of the city or town, contribute a like amount into the policemen pension fund.
Notwithstanding the provisions of subsection (a) of this section, the city treasurer may deduct from the salary of each police officer employed after June 30, 1981 an amount specified by the board, which shall be actuarially determined. Each city or town shall contribute an amount equal to the amount contributed by each police officer, or by the city or town on behalf of the police officer, under this subsection. All contributions under this subsection shall be deposited in the new account within the policemen pension fund.
and (d) Repealed by Laws 2010, ch. 69, § 204.
In addition to other contributions imposed under this section, each city or town and each police officer shall contribute an equal amount to the account, specified by the board, which shall be actuarially determined, to meet the costs to the account for providing benefits under W.S. 15-5-309 .
Annually, not later than November 1, based on an actuarial determination in writing, the board shall notify the city treasurer in writing of the amount of contributions to deduct from the salary of each police officer specified in subsection (a) of this section. Contributions shall be adjusted effective January 1 following, and in accordance with, the board’s notice to the city treasurer. The contributions shall remain in effect for the next succeeding calendar year. In no case shall contributions be less than eight percent (8%) in any year, if the fund is not funded one hundred percent (100%) on an actuarial basis as certified to the board in writing by an enrolled actuary.

History. Laws 1965, ch. 112, § 315; W.S. 1957, § 15.1-315; W.S. 1977, § 15-5-221; Laws 1979, ch. 84, § 1; 1980, ch. 38, § 1; 1981, ch. 97, § 1; 1985, ch. 32, § 1; 1987, ch. 159, § 1; 1991, ch. 71, § 1; 1994, ch. 15, § 309; 1996, ch. 76, §§ 1, 2; 1998, ch. 39, § 1; 2001, ch. 34, § 1; 2010, ch. 69, § 204.

The 2010 amendment, effective July 1, 2010, repealed former (c) and (d), pertaining to obsolete provisions.

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes “salary,” “wages,” “pay,” or the like, within pension law basing benefits thereon, 91 ALR5th 225.

Law reviews. —

See “Administration of the General Property Tax in Wyoming,” 4 Wyo. L.J. 227.

§ 15-5-303. Pension board; composition; election and term of police members.

If a policemen pension fund is established, the governing body and three (3) members elected from the police department constitute the policemen pension board to manage the fund as provided in this article. The police department shall elect three (3) regular qualified members to the board every two (2) years. The election shall be held in the police headquarters on a date fixed by the secretary of the board, but not more than thirty (30) nor less than fifteen (15) days before the regular municipal election. Written notice of the nomination of any member of the department for membership on the board shall be filed with the secretary of the board. Each notice of nomination shall be signed by not less than three (3) members of the department, and any member may sign more than three (3) notices of nomination. Notice of the dates upon which notices of nomination may be filed and for the election shall be given by the secretary of the board by posting a written notice in a prominent place in the police department headquarters. The secretary shall furnish printed or typewritten ballots containing the names of all persons nominated for membership and a ballot box for the election. The chief of the department shall appoint two (2) members of the department to act as officials of the election, and they shall receive their regular wages for the day, but no additional compensation. The polls shall open at 8:00 a.m. and remain open as long thereafter, not exceeding twelve (12) hours, as will afford each member of the department an opportunity to vote. Each member of the police department is entitled to vote for three (3) persons as board members. The three (3) nominees receiving the highest number of votes are elected as members of the board, and their terms commence on the same date as does the term of the mayor of the city or town.

History. Laws 1965, ch. 112, § 316; W.S. 1957, § 15.1-316; W.S. 1977, § 15-5-222; Laws 1980, ch. 38, § 1.

§ 15-5-304. Pension board; officers; reports; information.

The mayor is ex officio chairman of the board, and the members of the board shall elect the other necessary officers. The secretary of the board shall make annual reports to the governing body on the condition of the fund, the receipts and disbursements thereto, together with a complete list of the beneficiaries of the fund, and the amount paid to each. The city treasurer, from the records of his office, shall furnish the secretary with any pertinent information needed to compile the reports or to furnish the board with necessary information.

History. Laws 1965, ch. 112, § 317; W.S. 1957, § 15.1-317; W.S. 1977, § 15-5-223; Laws 1980, ch. 38, § 1.

§ 15-5-305. Pension board; meetings; record and quorum; list of entitled pensioners; vouchers.

The board shall meet at least once each month as scheduled by the board and otherwise upon the call of the chairman. It shall keep a record of its proceedings, which is a public record. A majority of all the members of the board constitutes a quorum with the power to transact business.
At each monthly meeting the board shall send to the treasurer of the city or town a list of all persons entitled to payment from the fund, stating the amount and purpose of the payments. The list shall be certified to and signed by the chairman and secretary of the board, attested under oath, and shall be filed by the treasurer in his office as a permanent record. The treasurer of the city or town shall then make out a regular city voucher for each of the persons named in the list, or a city voucher in the manner payrolls are handled in cities with the commission form of government, for the amounts specified, showing the purpose for which it is granted. The vouchers, without further individual certification, shall be approved by the governing body for payment from the available funds of the pension fund at the next meeting at which vouchers are handled. The vouchers shall be paid in the same manner in which other claims against the city or town are paid.

History. Laws 1965, ch. 112, § 318; W.S. 1957, § 15.1-318; W.S. 1977, § 15-5-224; Laws 1980, ch. 38, § 1; 1991, ch. 22, § 1.

§ 15-5-306. Board powers and duties.

The board has the power to compel witnesses to attend and testify before it upon all matters connected with the operation of this article in the same manner as provided by law for the taking of testimony in courts of record in this state. The chairman or any member of the board may administer oaths to witnesses.
The board may provide for the payment from the fund of all necessary expenses and printing not to exceed five percent (5%) of the annual revenue. However, no compensation or emolument may be paid to any member of the board for any duty required or performed under this article.
The board may make all necessary rules and regulations for its guidance in conformity with the provisions of this article.
Upon recommendation of the board the governing body of each city or town may hire a professional investment counselor or management firm to make recommendations on the investment of monies in the fund, which may be invested in any securities specified in W.S. 9-3-408(b). The cost of such counselor or firm shall be paid from the fund.
The board shall:
1. At least once in every six (6) year period cause an actuarial valuation of the accounts within the fund to be made;
2. At least every two (2) years cause an actuarial investigation of all the experience under the accounts within the fund to be made;
3. Pay out of funds which shall be provided by the cities or towns the cost of the valuations and investigations under paragraphs (i) and (ii) of this subsection;
4. Reduce employee and employer contribution rates under W.S. 15-5-302(b), in an amount to be actuarially determined, if at any time the assets in the existing or new accounts of the fund exceed the liabilities in those accounts.

History. Laws 1965, ch. 112, § 319; W.S. 1957, § 15.1-319; W.S. 1977, § 15-5-225; Laws 1980, ch. 38, § 1; 1981, ch. 97, § 1; 2010, ch. 69, § 203.

Cross references. —

As to officers authorized to administer oaths generally, see § 1-2-102 .

The 2010 amendment, effective July 1, 2010, in (e)(ii), deleted “Commencing in 1983 and” at the beginning, and made a stylistic change.

§ 15-5-307. Retirement age; length of service; pension amounts; leaving service early; benefit adjustment.

When any person duly appointed or selected and sworn as a member in any capacity or rank, other than department chief, of the police department of any city or town subject to the provisions of this article becomes sixty (60) years of age, the board shall order that person retired from further service. When any person has served twenty (20) years with the same police department, he may retire at that time, although not sixty (60) years of age, except that any person employed after June 30, 1981 shall serve for twenty (20) continuous years with the same department in order to be eligible for retirement prior to age sixty (60). When the board issues an order of retirement, it terminates the service of the person in the police department, except as provided in cases of emergency, and that person during his lifetime shall be paid a yearly pension equal to two and one-half percent (2 1/2%) of the average annual salary received during his highest paid five (5) year period, multiplied by the number of years service. However, no pension may exceed sixty-two and one-half percent (62 1/2%) of the average salary for the five (5) year period.
If for any reason the person leaves the service before completion of ten (10) years of service he shall receive in one (1) sum the amount without interest he has paid into the pension fund. After the completion of ten (10) years service he has the option of drawing out the money paid in or leaving it until he reaches the age of sixty (60) years and then being eligible to retire under the provisions of this section.
In addition to any other benefit provided by this section, each retired person shall receive a benefit of three percent (3%) per year for each full year that person has received retirement payments under this article prior to July 1, 1981.

History. Laws 1965, ch. 112, § 320; W.S. 1957, § 15.1-320; W.S. 1977, § 15-5-226; Laws 1980, ch. 38, § 1; 1981, ch. 97, § 1; 1985, ch. 32, § 1; 1999, ch. 28, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Employer's liability, under state law, for fraud or misrepresentation inducing employee to take early retirement, 14 ALR5th 537.

§ 15-5-308. Retirement age; physical disability; pension amounts; reinstatement.

If any person, while serving as a policeman is physically disabled as a result of any bodily injury received in the immediate or direct performance or discharge of his duties, the board, upon his written request filed with the secretary of the board, or without the written request if it deems it to be for the benefit of the public, shall retire that person from the department and order that he be paid from the fund during his lifetime a monthly pension equal to sixty-two and one-half percent (62 1/2%) of the amount of his regular monthly salary, effective at the time of his retirement. If the officer’s disability is off-duty related, the officer shall receive a monthly pension equal to fifty percent (50%) of his monthly salary effective at the time of his retirement. If the disability ceases, the pension shall cease, and the person shall be restored to active service at the existing salary of his position or rank at the time he is reinstated.
Repealed by Laws 1991, ch. 71, § 2.

History. Laws 1965, ch. 112, § 321; W.S. 1957, § 15.1-321; W.S. 1977, § 15-5-227; Laws 1979, ch. 84, § 1; 1980, ch. 38, § 1; 1991, ch. 71, § 2.

“Disability.” —

An off-duty disability must be caused by bodily injury in order to qualify for the 50% pension; subsection (a) does not allow for an off-duty disability pension for a certified mental disability. Mondt v. Cheyenne Police Pension Bd., 986 P.2d 858, 1999 Wyo. LEXIS 140 (Wyo. 1999).

Pre-existing depressive disorder excluded. —

Police officer with a pre-existing organically based depressive disorder which was exacerbated by police work and which ultimately became a disabling illness after ten years of employment did not qualify for a disability pension under this section. Mondt v. Cheyenne Police Pension Bd., 986 P.2d 858, 1999 Wyo. LEXIS 140 (Wyo. 1999).

Officer's failure to request light duty excusable where previouslyinformed such duty unavailable. —

A police department cannot first inform an injured police officer that no light duty is available at the time the officer requests it, and thereby require him to use up his sick leave; later inform the officer that his options are either to apply for worker's compensation or a disability pension; and ultimately obtain the board's denial of disability pension, in part because he could have requested light duty but did not do so at a time when light duty was available. City of Cheyenne Policemen Pension Bd. v. Perreault, 727 P.2d 702, 1986 Wyo. LEXIS 634 (Wyo. 1986).

Am. Jur. 2d, ALR and C.J.S. references. —

Determination whether peace officer's disability is service-connected for disability pension purposes, 12 ALR4th 1158.

§ 15-5-309. Death benefits; surviving spouse and children; amounts; length of payments; benefit adjustment.

Upon the death from any cause, of any person appointed or selected and sworn as a member in any capacity or rank of the police department of any city or town subject to the provisions of this article, the board shall pay a monthly pension of fifty percent (50%) of the deceased officer’s monthly salary out of the funds to his surviving spouse. The pension shall continue during her life or until she remarries. In addition, the board shall pay to the surviving spouse out of the fund six percent (6%) of the deceased officer’s monthly salary per month for the support and maintenance of each child of the deceased officer who is under eighteen (18) years of age and was supported by him prior to his death. The payments shall continue until the child becomes eighteen (18) years of age or marries.
If the police officer is retired and drawing his pension at the time of his death, and leaves a wife surviving, the board shall pay a monthly pension out of the fund to his surviving spouse equal to two-thirds (2/3) of the pension the retired police officer was receiving at the time of his death. In addition, the board shall pay to the surviving spouse or legal guardian sixty dollars ($60.00) per month out of the fund for the support and maintenance of each child of the deceased, retired officer who is under eighteen (18) years of age and was supported by him prior to his death. The payments shall continue until the child becomes eighteen (18) years of age or marries.
In addition to any other benefit provided by this section, each surviving spouse of a person who died while receiving retirement payments under this article shall receive a benefit of three percent (3%) for each full year that payments were made under this article prior to July 1, 1981 to both the retired person before death and the surviving spouse.
Effective July 1, 1987, any surviving spouse and any surviving child of any officer who died prior to July 1, 1979 while a sworn member of the police department of any city or town subject to this article shall receive a benefit in an amount as provided in subsection (a) of this section.

History. Laws 1965, ch. 112, § 322; W.S. 1957, § 15.1-322; W.S. 1977, § 15-5-228; Laws 1979, ch. 84, § 1; 1980, ch. 38, § 1; 1985, ch. 32, § 1; 1987, ch. 159, § 1.

§ 15-5-310. Examination of disabled retiree.

Any person retired for disability may be summoned by written notice to appear before the board at any time thereafter for examination as to his fitness for duty, and he shall abide by the decision and order of the board with reference thereto.

History. Laws 1965, ch. 112, § 323; W.S. 1957, § 15.1-323; W.S. 1977, § 15-5-229; Laws 1980, ch. 38, § 1.

§ 15-5-311. Benefits terminated upon felony conviction.

If any person receiving any benefit from the fund is convicted of a felony, the board shall order that the pension granted to that person immediately cease, and he shall receive no further pension allowance or benefit under this article.

History. Laws 1965, ch. 112, § 324; W.S. 1957, § 15.1-324; W.S. 1977, § 15-5-230; Laws 1980, ch. 38, § 1.

§ 15-5-312. Application for benefits; statement filed; determination; review.

If any policeman, his surviving wife, dependent children or dependent parents are entitled to any pension or benefits under this article, the policeman, or in the event of his death the dependent, shall apply for benefits or pension by filing a complete and concise statement of facts necessary to entitle the applicant to the benefits or pension. The application shall be filed with the board upon forms it provides. The board may investigate each application and determine whether benefits or pension should be granted. The board may also hear evidence as to the justice of the application, or require and receive affidavits as to the truth of the statements made therein. If the application is refused, the matter may be reviewed by the district court of the county in which the applicant resides pursuant to Rule 12 of the Wyoming Rules of Appellate Procedure.

History. Laws 1965, ch. 112, § 325; W.S. 1957, § 15.1-325; W.S. 1977, § 15-5-231; Laws 1980, ch. 38, § 1.

§ 15-5-313. Pension application; when payments made and benefits suspended; pension protections.

Application for pension may be made prior to actual retirement upon statement of the intention to retire, but payment shall not begin until the applicant has actually retired and his name is stricken from the payrolls of the city or town. Payments under this article shall be made to the pensioner or to his beneficiaries on or before the fifth day of each month by voucher drawn against the policemen pension fund as provided in W.S. 15-5-305 .
No policeman or any of his survivors is entitled to any benefits of this article while the policeman or his survivors are receiving payments under the Worker’s Compensation Act [§ 27-14-101 et seq.], but when payments under the Worker’s Compensation Act terminate, the pensions of this article attach.
The cash and securities while in the account created by this article are exempt from any state, county or municipal tax of this state, and are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process whatsoever, and are not assignable.

History. Laws 1965, ch. 112, §§ 326, 327; W.S. 1957, §§ 15.1-326, 15.1-327; W.S. 1977, §§ 15-5-232, 15-5-233; Laws 1980, ch. 38, § 1; 1991, ch. 184, § 1.

§ 15-5-314. Penalties.

Any person who violates any provision of this article is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one hundred dollars ($100.00), or imprisonment for not more than thirty (30) days, or both.

History. Laws 1965, ch. 112, § 328; W.S. 1957, § 15.1-328; W.S. 1977, § 15-5-234; Laws 1980, ch. 38, § 1.

Article 4. Firemen's Pension Account Reform Act of 1981

§ 15-5-401. Citation.

This article is known as the “Firemen’s Pension Account Reform Act of 1981”.

History. Laws 1981, ch. 41, § 1; 2008, ch. 116, § 1.

The 2008 amendment, substituted “article” for “act”.

Laws 2008, ch. 116, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

Prospective application. —

Laws 2000, ch. 43, § 3, effective July 1, 2000, provides: “The increase to the service pension benefit amount provided under section 1 of this act shall apply to all benefits payable under W.S. 15-5-401 through 15-5-422 on or after July 1, 2000, and shall not apply to benefit payments made under W.S. 15-5-401 through 15-5-422 prior to July 1, 2000.”

Savings clauses. —

Laws 2001, ch. 35, § 2, provides: “This act [which amended § 15-5-419 to prohibit dual participation in a paid and volunteer firemen's pension fund] shall not apply to any person who prior to the effective date of this act [February 16, 2001], participated in the firemen's pension system established under W.S. 15-5-201 through 15-5-209 or 15-5-401 through 15-5-422 and pursuant to rule and regulation of the volunteer firemen's pension board, participated as a vested member of the volunteer firemen's pension fund under W.S. 35-9-601 through 35-9-615 .”

§ 15-5-402. Definitions.

As used in this article:
1. “Account” means the firemen’s pension account established by W.S. 15-5-202 ;
2. “Board” means the retirement board established by W.S. 9-3-404 and includes all the powers and duties enumerated in W.S. 9-3-401 through 9-3-429 ;
3. “Compensation” means all salary or wages payable to a member for service including contributions required by W.S. 15-5-420 . For purposes of computing benefits under this article, compensation shall include only compensation on which contributions have been paid pursuant to W.S. 15-5-420 and 15-5-421 ;
4. “Credited service” means for any member, service as an employee;
5. “Dependent” means a dependent child or dependent parent;
6. “Dependent child” means a person who is unmarried and either:
  1. Has not attained age eighteen (18); or
  2. Has attained age eighteen (18) but not age twenty-three (23) and is attending school on a full-time basis; or
  3. Has attained age eighteen (18) and is permanently disabled as the result of a disability which began before he attained age eighteen (18).
7. “Disability” means a medically determined physical or mental impairment which renders the member unable to function as a paid firefighter and which is reasonably expected to last at least twelve (12) months;
8. “Employee” means any individual regularly employed and paid by any city, town, county or fire protection district for devoting his entire time of employment to the care, operation and requirements of a regularly constituted fire department;
9. “Employer” means any incorporated municipality, county or fire protection district offering fire protection or public safety services employing one (1) or more members;
10. “Final average compensation” means one thirty-sixth (1/36) of the compensation paid to an employee during any period of thirty-six (36) consecutive months in his years of credited service in which his compensation was highest;
11. “Inactive member” means a member who:
  1. Has terminated service;
  2. Is not eligible to begin receiving a service or disability pension; and
  3. Has neither applied for nor received a refund of his contributions.
12. “Member” means an employee whose compensation is not subject to the federal old-age, survivors and disability insurance tax and who either is first hired on or after July 1, 1981 or who elects coverage under the provisions of W.S. 15-5-418 ;
13. “Pension system” means the retirement and disability plans for employees covered under the provisions of this article or W.S. 15-5-201 through 15-5-209 ;
14. “Primary survivor” means any person in the following order of priority, unless the priority is changed by the member on a form prescribed by the board and filed with the board at the time of the member’s death:
  1. The surviving spouse; or
  2. If there is no eligible surviving spouse, a dependent child, or with the survivor’s pension divided among them in equal shares, all such children, including any resulting from a pregnancy prior to the member’s death.
15. “Retired member” means any member who has terminated service, other than an inactive member, who is eligible to receive a service or disability pension under this article;
16. “Accumulated contributions” means:
  1. For a member who has a vested right to a service pension or a member initially employed before July 1, 2018, the member’s contributions paid from any source;
  2. For a member who is neither eligible for a service nor disability pension nor has a vested right to a service pension and who is initially employed on or after July 1, 2018, only the member’s contributions paid by a reduction in cash salary of the member.

History. Laws 1981, ch. 41, § 1; 1983, ch. 147, § 1; 2002 Sp. Sess., ch. 33, § 1; 2006, ch. 47, § 1; 2018, ch. 31, § 1.

The 2006 amendment, substituted “or public safety services” for “service” in (a)(ix).

Laws 2006, ch. 47, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2006.

The 2018 amendment, effective July 1, 2018, added (a)(xvi).

Editor's notes. —

Laws 2018, ch. 31, § 2, provides: "This act shall apply to the distribution of benefits subject to this act made on and after the effective date of this act. "Nothing in this act shall be construed to modify or impair existing contracts or other obligations executed prior to the effective date of this act."

There is no subsection (b) in this section as it appears in the printed acts.

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes “salary,” “wages,” “pay,” or the like, within pension law basing benefits thereon, 91 ALR5th 225.

§ 15-5-403. Eligibility for service pension.

A member is eligible to receive a service pension after he has terminated employment beginning with the month when he has four (4) years of credited service and has attained age fifty (50).
Repealed by Laws 1998, ch. 75, § 2.
An inactive member with a vested right to a service pension is eligible to receive such pension, computed in accordance with the provisions of this article in effect when he ceased to be an employee, beginning with the first month after his attainment of age fifty (50).
For purposes of this section, credited service includes any period during which a member is receiving a disability pension as provided by this article.

History. Laws 1981, ch. 41, § 1; 1998, ch. 75, §§ 1, 2.

Applicability. —

Laws 1998, ch. 75, § 3, provides: “The provisions of this act, excluding the adjustment specified in W.S. 15-5-416 , apply only to employees retiring after July 1, 1998, and do not apply retroactively to persons retiring prior to July 1, 1998.”

§ 15-5-404. Vesting rights; return to service.

A member who has four (4) years of credited service has a vested right to a service pension payable as provided in W.S. 15-5-403(c).
If a member who has less than four (4) years of credited service ceases to be an employee, his service credits to the date of termination shall be cancelled unless:
1. He again becomes an employee within four (4) months after his cessation of employment; or
2. He subsequently acquires four (4) years of credited service; and
3. If he has withdrawn his contributions he repays them with interest at a rate determined by the board and remains employed for not less than two (2) continuous years following the date or reemployment.
For purposes of this section, credited service includes any period during which a member is receiving a disability pension under this article.
The board shall adopt rules to allow service for any period of time, after commencement of participation under this article, which an employee spends in active military or other emergency service of the United States as required by the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301 et seq.

History. Laws 1981, ch. 41, § 1; 1998, ch. 75, § 1; 2010, ch. 58, § 1.

The 2010 amendment, effective July 1, 2010, added (d).

Applicability. —

§ 15-5-405. Eligibility for disability pension.

A member, not otherwise eligible for a service pension, who suffers a disability is eligible for a disability pension.
The determination of disability shall be made by the board in accordance with rules and regulations adopted by the board for this purpose. The board may require physician reports, medical examinations, psychological examinations, functional capacity evaluations, vocational examinations and other necessary reports and examinations in determining a disability under this subsection and in reviewing any disability under subsection (c) of this section. The cost of any functional capacity evaluation, vocational examination or other specialized test incurred pursuant to this section shall be paid from the account.
The board may annually review the status of any member receiving a disability benefit under this article and may require any member receiving a disability benefit who is not eligible for normal retirement benefits under W.S. 15-5-403 , to submit to any examination, test or evaluation by a physician or other appropriate professional designated or approved by the board, as necessary for conducting a review under this subsection. If a member refuses to submit to an examination, test or evaluation required under this subsection, benefit payments under this article shall be discontinued.

History. Laws 1981, ch. 41, § 1; 1997, ch. 134, § 1.

§ 15-5-406. Survivor benefits.

The eligible surviving spouse or dependents of a member shall receive a survivor’s pension if the member dies from any cause while in service.

History. Laws 1981, ch. 41, § 1.

§ 15-5-407. Payment of service or early retirement pensions.

Service or early retirement pensions shall be made to a retired member for each month beginning with the month in which he is eligible to receive such pension and ending with the month in which he dies, unless an optional form has been elected in accordance with W.S. 15-5-413 .

History. Laws 1981, ch. 41, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Employer's liability, under state law, for fraud or misrepresentation inducing employee to take early retirement, 14 ALR5th 537.

§ 15-5-408. Payment of disability pension.

Disability pension payments shall be made to a member for each month beginning with the month in which he is eligible to receive such pension and ending with the month in which he ceases to be eligible or dies, unless an optional form has been elected in accordance with W.S. 15-5-413 .
If a member who is disabled recovers and is no longer totally or partially disabled, his disability pension shall be discontinued unless he has reached normal retirement age.

History. Laws 1981, ch. 41, § 1.

§ 15-5-409. Amount of service pension.

The amount of the monthly service pension payable to a retired member is:
1. Two and eight-tenths percent (2.8%) of his final average compensation multiplied by the number of years in his first twenty-five (25) years of his period of credited service.
2. Repealed by Laws 2000, ch. 43, § 2.
3. Repealed by Laws 2008, ch. 112, § 2.
For purposes of this section, credited service shall be measured in years taken to the nearest twelfth (1/12) of a year.
Benefits shall not be payable under the pension system to the extent that they exceed the limitations imposed by section 415(b) of the Internal Revenue Code.

History. Laws 1981, ch. 41, § 1; 2000, ch. 43, §§ 1, 2; 2008, ch. 112, §§ 1, 2; 2010, ch. 58, § 1.

The 2008 amendment, effective July 1, 2008, substituted “Two and eight-tenths percent (2.8%)” for “Two and five-tenths percent (2.5%)” in (a)(i), and repealed (a)(iii) which read: “One percent (1%) of his final average compensation multiplied by the number of years, not to exceed seven and one-half (7 1/2), in his period of credited service after twenty-five (25) years.”

The 2010 amendment, effective July 1, 2010, added (c).

Prospective application. —

Laws 2000, ch. 43, § 3, provides: “The increase to the service pension benefit amount provided under section 1 of this act shall apply to all benefits payable under W.S. 15-5-401 through 15-5-422 on or after July 1, 2000, and shall not apply to benefit payments made under W.S. 15-5-401 through 15-5-422 prior to July 1, 2000.”

§ 15-5-410. [Repealed.]

Repealed by Laws 1998, ch. 75, § 2.

Editor's notes. —

This section, which derived from Laws 1981, ch. 41, § 1, related to the amount of early retirement pension.

§ 15-5-411. Amount of disability pension.

The disability pension shall be the greater of:
1. Fifty percent (50%) of final average compensation; or
2. The service pension based on credited service accrued to the date of disability.

History. Laws 1981, ch. 41, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 15-5-412. Amount of survivor's pension.

The monthly survivor’s pension payable to a member’s eligible primary survivor or, if there is no eligible surviving spouse, then to his eligible surviving dependents, shall be equal to the greater of:
1. Fifty percent (50%) of final average compensation; or
2. The service pension based on credited service accrued to the date of the member’s death.
If the primary survivor is the surviving spouse, that person shall have been married to the deceased member for at least one (1) year before the date of death, unless the death was the result of an accident.
A survivor’s pension shall begin with the month following the month in which the member dies. If the pension is payable to a surviving spouse who subsequently dies, it is then payable in the following month to the next primary survivor as defined in W.S. 15-5-402(a)(xiv) or ceases with that month in the absence of eligible dependents. If payable to a child who dies or fails to meet the conditions of eligibility in W.S. 15-5-402(a)(vi), the pension shall cease with that month.

History. Laws 1981, ch. 41, § 1; 1987, ch. 35, § 1.

Resumption of discontinued payments. —

§ 15-5-413. Optional forms of benefits.

Any member eligible for a service or disability pension may elect to receive one (1) of the following optional forms, in lieu of the pension computed in W.S. 15-5-409 through 15-5-411 , which shall be the actuarial equivalent of the benefit to which he would otherwise be entitled:
1. A reduced pension payable to the retired member and upon his death all of the reduced pension to be paid to his surviving spouse;
2. A reduced pension payable to the retired member and upon his death one-half (1/2) of the reduced pension to be paid to his surviving spouse;
3. A benefit which provides reduced monthly service retirement payments with provision for the continuance of payments for ten (10) years certain and life thereafter. If the retired member dies within ten (10) years after retirement, the remaining guaranteed payments shall be made to his designated beneficiary. This beneficiary may be changed at any time by written notification to the board as provided in subsection (b) of this section;
4. The largest possible benefit for life with no lump sum refund or benefit for anyone else upon the retired member’s death;
5. Any other modified monthly service retirement benefit, including any other modified joint and survivor monthly service retirement benefit, actuarially determined, which the board approves.
An election of an optional benefit shall be in writing and filed with the board prior to the first benefit payment. After an election of any of the options provided in subsection (a) of this section has been made and the member has cashed his first pension check, or sixty (60) days from the date of issuance of the check have elapsed, the election is irrevocable unless a beneficiary dies prior to the occurrence of either such event, in which case the election is void and the member may, by written notice to the board, designate a new beneficiary and may select a different option. As provided in paragraph (a)(iii) of this section, upon written notice to the board, a member may change a beneficiary at any time within the ten (10) year period.
The retirement benefits payable under optional forms available under this section shall be the actuarial equivalent of the normal benefit form under W.S. 15-5-409 .

History. Laws 1981, ch. 41, § 1; 1998, ch. 75, § 1.

Applicability. —

§ 15-5-414. Death benefit.

Except as may otherwise be provided in any of the options under W.S. 15-5-413 , upon the death of a member, inactive member, retired member or individual receiving a survivor’s pension, there shall be paid to the designated beneficiary or beneficiaries or, in the absence of a designated beneficiary, to the estate of the member, inactive member, retired member or survivor, a lump sum equal to the excess, if any, of the member’s contributions paid from any source without interest over the aggregate of all pension payments made.

History. Laws 1981, ch. 41, § 1; 1998, ch. 75, § 1; 2018, ch. 31, § 1.

The 2018 amendment, effective July 1, 2018, substituted “any, of the member's contributions paid from any source without interest” for “any, of the accumulated member contributions without interest” in the last sentence.

Editor's notes. —

Laws 2018, ch. 31, § 2, provides: “This act shall apply to the distribution of benefits subject to this act made on and after the effective date of this act. Nothing in this act shall be construed to modify or impair existing contracts or other obligations executed prior to the effective date of this act.”

Applicability. —

§ 15-5-415. Withdrawal benefit.

The accumulated contributions without interest of a member who is neither eligible for a service nor disability pension, nor has a vested right to a service pension, shall be refunded upon his withdrawal from service. There shall be a rebuttable presumption that a former member who fails to apply for a withdrawal benefit within five (5) years after the date of withdrawal has waived his right to such benefit.
If a member has a vested right to a service pension and withdraws from service and is not immediately eligible for a service or disability benefit, he may request a refund of his accumulated contributions without interest. Refund of such contributions extinguishes all rights to any benefits under this article.

History. Laws 1981, ch. 41, § 1.

§ 15-5-416. [Repealed.]

Repealed by Laws 2012, ch. 107, § 3.

The 2004 amendment, effective July 1, 2004, in (b), added the second sentence.

The 2006 amendment, effective July 1, 2006, rewrote (a), substituting “Wyoming cost of living index” for “consumer price index, but not below the original pension amount nor above the original pension amount increased by five percent (5%) per year, uncompounded” and adding the last sentence; in (b) substituted “section” for “subsection” in three places, and added the second and third sentences.

Applicability. —

Editor's notes. —

This section, which derived from Laws 1981, ch. 41, § 1, related to adjustment of benefits.

Laws 2012, ch. 107, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art, 4, § 8, Wyo. Const. Approved March 23, 2012.

§ 15-5-417. Application of benefits.

A service pension, disability pension, survivor’s pension, death benefit or withdrawal benefit shall be paid only upon the filing of an application in a form prescribed by the board. A monthly benefit shall not be payable for any month earlier than the second month preceding the date on which the application for such benefit is filed.
The board may require any member, inactive member, retired member or eligible survivor to furnish any information as may be required for the determination of benefits under this article, if the determination of the pension is dependent upon that information. The board may withhold payment of any benefit, if the determination of the benefit is dependent upon the information and the member, inactive member, retired member or eligible survivor does not cooperate in the furnishing or procuring thereof.

History. Laws 1981, ch. 41, § 1.

§ 15-5-418. Election of membership.

A “paid fireman” as defined in W.S. 15-5-201(a)(xi) may elect to become a member, as defined in this article by filing an election with the board not later than December 31, 1981, or within thirty (30) days of return to service, if later, for any paid fireman who leaves service prior to July 1, 1981.
Commencing January 1, 1982, or thirty (30) days after return to service, if later, an electing member is covered by the provisions of this article, and all rights to a pension under W.S. 15-5-201 through 15-5-209 are extinguished. The member shall receive credited service for all prior service, not to exceed ten (10) years, which was recognized under W.S. 15-5-201 through 15-5-209 . However, that credit may be reinstated only by payment of any contributions previously refunded with interest at the rate of eight percent (8%) per annum from the date of refund.

History. Laws 1981, ch. 41, § 1.

§ 15-5-419. Dual membership prohibited.

Any employee hired before July 1, 1981 is covered by the pension system specified in W.S. 15-5-201 through 15-5-209 unless he elects to become a member pursuant to W.S. 15-5-418 . Any employee hired on or subsequent to July 1, 1981 is covered by the pension system specified in this article. No employee may be covered by the pension systems of both W.S. 15-5-201 through 15-5-209 and this article.
No paid employee shall participate as a member of the firemen’s pension system established under this article and as a member of the volunteer firefighter, EMT and search and rescue pension account established under W.S. 35-9-616 through 35-9-628 if participation is based upon covered service with the same fire department.

History. Laws 1981, ch. 41, § 1; 2001, ch. 35, § 1; 2017, ch. 172, § 1; 2019, ch. 83, § 1.

The 2017 amendment , effective July 1, 2017, in (b), substituted “volunteer firefighter and EMT pension account established under W.S. 35-9-616 through 35-9-628 ” for “volunteer firemen's pension fund established under W.S. 35-9-601 through 35-9-615 .”

The 2019 amendment, effective July 1, 2019, in (b), substituted "volunteer firefighter, EMT and search and rescue pension account" for "volunteer firefighter and EMT pension account."

Prospective application. —

§ 15-5-420. Member contributions.

Each employer shall deduct monthly from the compensation of each member participating in the account a sum equal to nine and seven hundred forty-five thousandths percent (9.745%) for the period from July 1, 2019 through June 30, 2020, ten and two hundred forty-five thousandths percent (10.245%) for the period from July 1, 2020 through June 30, 2021, ten and seven hundred forty-five thousandths percent (10.745%) for the period from July 1, 2021 through June 30, 2022 and thereafter eleven and two hundred forty-five thousandths percent (11.245%) of his compensation, and that amount shall be paid by the employer to the account.
The contributions required by subsection (a) of this section shall be paid by the employer for employees covered under this article in order to be treated as employer contributions for the sole purpose of determining tax treatment under the United States internal revenue code.
The contributions under subsection (b) of this section shall be paid from the source of funds which is used in paying salary to the employee. The employer may pay these contributions by a reduction in cash salary of the employee or by an offset against a future salary increase, or by a combination of a reduction in salary and an offset against a future salary increase, provided:
1. No such salary reduction or offset, or combination thereof, shall exceed the percentage amount actually being deducted from an employee’s salary for contributions to the account as of July 1, 1983; and
2. Any employer may pay any amount of an employee’s share of retirement contributions without a salary reduction or offset, or combination thereof.

History. Laws 1981, ch. 41, § 1; 1983, ch. 147, § 1; 2008, ch. 112, § 1; 2010, ch. 69, § 203; 2013, ch. 203, § 1; 2014, ch. 19, § 1; 2019, ch. 162, § 1.

The 2008 amendment, effective July 1, 2008, substituted “eight and five-tenths percent (8.5%) of the member's compensation” for “six percent (6%) of such compensation” in (a).

The 2010 amendment, effective July 1, 2010, in (b), deleted “From and after July 1, 1983” at the beginning.

The 2013 amendment, effective July 1, 2013, added to (a) “until August 31, 2013, and thereafter eight and seven hundred twenty-five thousandths percent (8.725%) of his compensation.”

The 2014 amendment, in (a), substituted “eight and seven hundred twenty-five thousandths percent (8.725%)” for “eight and five-tenths percent (8.5%),” and substituted “June 30, 2014, and thereafter nine and two hundred forty-five thousandths percent (9.245%)” for “August 31, 2013, and thereafter eight and seven hundred twenty-five thousandths percent.”

Laws 2014, ch. 19, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 4, 2014.

The 2019 amendment, effective July 1, 2019, in (a), substituted “nine and seven hundred forty-five thousandths percent (9.745%) for the period from July 1, 2019 through June 30, 2020, ten and two hundred forty-five thousandths percent (10.245%) for the period from July 1, 2020 through June 30, 2021, ten and seven hundred forty-five thousandths percent (10.745%) for the period from July 1, 2021 through June 30, 2022 and thereafter eleven and two hundred forty-five thousandths percent (11.245%)” for “eight and seven hundred twenty-five thousandths percent (8.725%) of the member's compensation until June 30, 2014, and thereafter nine and two hundred forty-five thousandths percent (9.245%).”

§ 15-5-421. Contribution by employer.

Each employer shall make monthly contributions to the account in an amount equal to the percentage contribution rate multiplied by the salaries paid to members of the account. The contribution rate, expressed as a percentage, shall be based on the results of actuarial valuations made at least every three (3) years. The city’s contribution rate shall be comprised of the normal cost plus the payment required to amortize the actuarial liability over a period of thirty (30) years calculated on the basis of an amortization policy approved by the board.

History. Laws 1981, ch. 41, § 1; 2010, ch. 69, § 203; 2019, ch. 162, § 1.

The 2010 amendment, effective July 1, 2010, deleted “Until January 1, 1983 each employer shall pay into the account an amount equal to twenty-one percent (21%) of the compensation paid all members of the account. Beginning January 1, 1983” at the beginning, and deleted “with the first such actuarial valuation to be made as of January 1, 1982” after “three (3) years.”

The 2019 amendment, effective July 1, 2019, substituted “plus the payment” for “plus the level percentage of salary payment,” “thirty (30) years” for “forty (40) from January 1, 1983,” and “amortization policy” for “acceptable actuarial reserve funding method.”

§ 15-5-422. Payments; when and how made; protections; nonassignability; qualified domestic relations order.

Payments made under this article shall be made to the beneficiaries on or before the fifth day of each month. Payments shall be made by voucher drawn against the firemen’s pension account and paid by the state auditor out of the account or using an appropriate alternative method approved by the state auditor. No payments made under this article are subject to judgment, attachment, execution, garnishment or other legal process and are not assignable nor shall the board recognize any assignment nor pay over any sum assigned.
Notwithstanding subsection (a) of this section, payments under this article may be made in accordance with qualified domestic relations orders pursuant to W.S. 9-3-426 .

History. Laws 1981, ch. 41, § 1; 1993, ch. 149, § 1; 2015, ch. 12, § 1; 2021, ch. 72, § 1.

The 2015 amendment, effective July 1, 2015, substituted “auditor” for “treasurer” in the first sentence in (a).

The 2021 amendment, effective July 1, 2021, in (a), substituted "Payments" for "and" following "each month," added "or using an appropriate alternative method approved by the state auditor" following "of the account" and made a related change.

Chapter 6 Local Improvements

Cross references. —

As to power of all cities and towns to levy and collect taxes for various purposes, see § 15-1-103 .

As to requirements for municipal contracts for public improvements generally, see § 15-1-103 .

As to additions, see § 15-1-415 .

As to interest of officers in contracts, in cities of the first class, see § 15-1-127 .

For authority of city manager in cities operating under the city manager form of government relative to the management of city-owned public utilities, see § 15-4-205 .

As to power of city operating under city manager form of government to vacate streets, see § 15-4-305 .

As to liability of cities operating under the city manager form of government for excavations, obstructions, etc., in streets, see § 15-4-307 .

As to liability for obstructions in streets caused by railroad companies, see § 15-4-309 .

As to removal of snow from streets, alleys and sidewalks in cities operating under the city manager form of government, see § 15-4-311 .

As to power of cities operating under a city manager form of government to install public utilities, see § 15-4-312 .

As to disposal of public utilities by cities operating under a city manager form of government, see § 15-4-313 .

For constitutional provision that no street passenger railway, telegraph, telephone or electric light line shall be constructed within the limits of any municipal organization without the consent of its local authorities, see art. 13, § 4, Wyo. Const.

As to eminent domain generally, see §§ 1-26-501 through 1-26-817 and Rule 71.1, W.R.C.P.

As to public works and contractor's bond, see §§ 16-6-101 through 16-6-121 .

For provision that all maps, plats, plans or designs necessary to be filed in all city or town offices shall be made and certified by a professional engineer or land surveyor, see § 33-29-139.

As to public utilities generally, see title 37.

As to special benefits to towns, cities and villages with reference to proposed work in connection with drainage districts, see § 41-9-218 .

As to joint operation of drainage districts with municipalities, see §§ 41-9-401 through 41-9-403 .

Am. Jur. 2d, ALR and C.J.S. references. —

70A Am. Jur. 2d Special or Local Assessments § 1 et seq.

Article 1. In General

§ 15-6-101. Definitions.

As used in this chapter:
1. “Conventional gutters” means curb and gutter or combined sidewalk, curb and gutter;
2. “Drains” or “drainage” means all surface sewers, drains, cross street valley gutters and all kinds of draining other than sanitary sewers or conventional gutters;
3. “Engineer” means the city engineer, town engineer or any engineer employed by a city or town for local improvement work;
4. “Improvement” means any lawful local improvement of any kind, which the governing body finds to be of special benefit to the property proposed to be assessed for the cost thereof;
5. “Streets” means streets, highways, alleys, roads and public ways.

History. Laws 1965, ch. 112, § 330; W.S. 1957, § 15.1-330; Laws 1967, ch. 105, § 1; 1971, ch. 36, § 1; 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Validity of assessment roll prepared by engineer employed bycity. —

Whether or not under this section, construed liberally as provided by § 15-6-105(b), any engineer employed by the city may prepare assessment roll, an assessment confirmed by the council is not void because city engineer did not prepare the roll as provided in § 15-6-402 in view of § 15-6-441 , providing that it shall be no objection to the validity of an assessment that it was made by an unauthorized officer or person if confirmed by the city authorities. Bass v. Casper, 28 Wyo. 387, 205 P. 1008, 1922 Wyo. LEXIS 33 (Wyo.), reh'g denied, 28 Wyo. 420, 208 P. 439 (Wyo. 1922).

Sewer assessments and bonds issued in substantial compliance with essential provisions of law authorizing construction of sewers by first class cities were valid though levied and issued pursuant to later act respecting improvements by all municipalities. Henning v. Consolidated Bldg. & Loan Co., 50 Wyo. 315, 62 P.2d 540, 1936 Wyo. LEXIS 32 (Wyo. 1936).

“Improvement” as defined by section would include modification of sidewalk basements required as incident to the construction of sidewalks within an improvement district. Blount v. City of Laramie, 510 P.2d 294, 1973 Wyo. LEXIS 159 (Wyo. 1973).

Proposed modification to basements underlying sidewalks does not constitute taking of private property without just compensation where title to the lands underlying streets and sidewalks is in the city. Blount v. City of Laramie, 510 P.2d 294, 1973 Wyo. LEXIS 159 (Wyo. 1973).

Composition of improvement district. —

Under this section and §§ 15-6-202 , 15-6-206 , and 15-6-302 an improvement district may be composed of two or more parallel streets. Bass v. Casper, 28 Wyo. 387, 205 P. 1008, 1922 Wyo. LEXIS 33 (Wyo.), reh'g denied, 28 Wyo. 420, 208 P. 439 (Wyo. 1922).

Quoted in

Mealey v. City of Laramie, 472 P.2d 787, 1970 Wyo. LEXIS 183 (Wyo. 1970).

Cited in

Kautza v. City of Cody, 812 P.2d 143, 1991 Wyo. LEXIS 102 (Wyo. 1991).

§ 15-6-102. General grant of authority; nonapplicability of other provisions; restriction; nonexclusivity.

Any city or town may provide for the making and maintenance of local improvements and levy and collect special assessments on the property specially benefited to pay all or part of the cost of the improvement. This chapter, without reference to other statutes, unless otherwise expressly provided, constitutes the full authority for the exercise of powers herein granted. No other law relating to any city or town, with regard to like matters, that provides for a petition or an election, requires an approval, or in any way impedes or restricts the doing of things authorized to be done by this chapter, shall be construed as applying to any proceedings or acts done pursuant to this chapter. No one other than the governing body of the municipality may fix, prescribe, modify, supervise or regulate the levy or collection of special assessments or taxes authorized by this chapter, except as expressly provided or necessarily implied, nor supervise or regulate the establishment or modification of grades and the acquisition of any improvement authorized.
It is intended that this chapter provide a separate but not exclusive method of accomplishing its objectives, and it shall not be construed as repealing, amending or changing any other law.

History. Laws 1965, ch. 112, § 331; W.S. 1957, § 15.1-331; Laws 1980, ch. 38, § 1.

Municipal corporations have no inherent power to levy assessments for local improvements, and may exercise such power only when delegated to them by the legislature, in which the power of taxation is exclusively vested only in the manner provided by this article. Bass v. Casper, 28 Wyo. 387, 205 P. 1008, 1922 Wyo. LEXIS 33 (Wyo.), reh'g denied, 28 Wyo. 420, 208 P. 439 (Wyo. 1922).

Jurisdiction over property. —

If property assessed for local improvements is within the territory of the municipality and is not exempt by law, the municipality has jurisdiction of the subject matter. Bass v. Casper, 28 Wyo. 387, 205 P. 1008, 1922 Wyo. LEXIS 33 (Wyo.), reh'g denied, 28 Wyo. 420, 208 P. 439 (Wyo. 1922).

Power in regard to sanitary sewers. —

Municipality not an insurer of safe condition of sewers. —

Sewer maintenance is a proprietary function for which there is liability, but a municipality is not an insurer of the safe condition of its sewers, being liable in damages only for the failure to exercise ordinary and reasonable care to keep them in repair and free from obstruction, and in general, a similar rule is applicable in instances of damages claimed because of nuisance. Lore v. Douglas, 355 P.2d 367, 1960 Wyo. LEXIS 69 (Wyo. 1960).

And burden of proof in damage action is upon plaintiff. —

Whatever the basis for damages against a municipality because of injury arising from sewer maintenance, the burden of proof as to lack of reasonable care is upon the plaintiff. Lore v. Douglas, 355 P.2d 367, 1960 Wyo. LEXIS 69 (Wyo. 1960).

Arterial street improvements are not general as a matter of law. Marion v. Lander, 394 P.2d 910, 1964 Wyo. LEXIS 117 (Wyo. 1964), reh'g denied, 380 U.S. 989, 85 S. Ct. 1352, 14 L. Ed. 2d 283 (U.S. 1965), cert. denied, 380 U.S. 925, 85 S. Ct. 929, 13 L. Ed. 2d 810, 1965 U.S. LEXIS 1878 (U.S. 1965).

Street paving, done under these provisions, was held to be “public works,” within the constitution and statute concerning hours of labor. State v. A. H. Read Co., 33 Wyo. 387, 240 P. 208, 1925 Wyo. LEXIS 47 (Wyo. 1925).

Time limitation for reassessment. —

In mandamus action by holders of special assessment bonds to compel mayor and city council to make reassessment to cover deficiency in original assessment, both written demand and filing of suit having been well within the time limited by statute, general rule is that such action preserves the right until final judgment. Cowan v. State, 55 Wyo. 427, 100 P.2d 427, 1940 Wyo. LEXIS 15 (Wyo. 1940).

In mandamus action by holders of special assessment bonds to compel mayor and city council to make reassessment to cover deficiency in original assessment, where a railroad had contested inclusion of its right-of-way and controversy between railroad and the city was not terminated until the agreed settlement was perfected by dismissal of its appeal, at which time it became determinable what deficiency was, action thereafter was well within the ten years limit of the statute within which reassessment must be made. Cowan v. State ex rel. Blanchar, 55 Wyo. 427, 100 P.2d 427, 1940 Wyo. LEXIS 15 (1940) (decided under former R.S. 1931, § 22-1545). See § 15-6-430 .

Cited in

In re Improvement Under Special Assmt. Statutes by San. Sewer., 57 Wyo. 121, 113 P.2d 958, 1941 Wyo. LEXIS 24 (1941).

§ 15-6-103. General powers and duties.

The governing body of any city or town, when considered expedient, may order any improvement or improvements, and determine its character, kind and extent. If the improvement is to be paving, it shall designate the kinds of pavement to be used. It shall provide for the maintenance of an improvement for a specified period not to exceed five (5) years and include the cost of that maintenance in the assessment for making the improvements. It shall levy and collect an assessment upon all lots, parts of lots and parcels of land specially benefited by the improvement to defray all or any part of the cost and expense and determine what lots, parts of lots and parcels of land are specially benefited by the improvements and the amount each is benefited.

History. Laws 1965, ch. 112, § 332; W.S. 1957, § 15.1-332; Laws 1980, ch. 38, § 1.

Cross references. —

As to costs of construction of state highways through cities and towns, see § 24-2-111 .

Relation to other provision. —

This section and § 15-6-404 are not inconsistent, nor can the former section be said to control the latter. Appeal of Chicago & N. W. R.R., 70 Wyo. 84, 246 P.2d 789, 1952 Wyo. LEXIS 26 (Wyo. 1952).

Cities and towns have been granted plenary power as to local improvements. Marion v. Lander, 394 P.2d 910, 1964 Wyo. LEXIS 117 (Wyo. 1964), reh'g denied, 380 U.S. 989, 85 S. Ct. 1352, 14 L. Ed. 2d 283 (U.S. 1965), cert. denied, 380 U.S. 925, 85 S. Ct. 929, 13 L. Ed. 2d 810, 1965 U.S. LEXIS 1878 (U.S. 1965).

Determination of extent of improvement rests in discretionof city council. —

The determination of the extent of the improvement and what shall be included in it is the exercise of a legislative power and rests in the legislative discretion of the city council and it follows that no impropriety results in leaving details to the city council, and unless it exceeds such power or exercises its discretion in a fraudulent, arbitrary or capricious manner, the courts will not interfere. Marion v. Lander, 394 P.2d 910, 1964 Wyo. LEXIS 117 (Wyo. 1964), reh'g denied, 380 U.S. 989, 85 S. Ct. 1352, 14 L. Ed. 2d 283 (U.S. 1965), cert. denied, 380 U.S. 925, 85 S. Ct. 929, 13 L. Ed. 2d 810, 1965 U.S. LEXIS 1878 (U.S. 1965).

The determination is vested in the city council and unless the exercise of its legislative discretion is fraudulent, arbitrary or capricious, the courts will not interfere. Mealey v. Laramie, 485 P.2d 1019, 1971 Wyo. LEXIS 222 (Wyo. 1971).

Cities, in exercising legislative powers, may fix the boundaries and the nature and extent of the improvements to be made, and a court will interfere only if the city council exceeds those powers or exercises its discretion in a fraudulent, arbitrary or capricious manner. Blount v. City of Laramie, 510 P.2d 294, 1973 Wyo. LEXIS 159 (Wyo. 1973).

And its determination that property benefited very nearly conclusive.—

When the legislature, or its duly delegated agent for that purpose, determines that property is benefited and shall be assessed, such determination is well-nigh conclusive. Appeal of Chicago & N. W. R.R., 70 Wyo. 84, 246 P.2d 789, 1952 Wyo. LEXIS 26 (Wyo. 1952); Marion v. Lander, 394 P.2d 910, 1964 Wyo. LEXIS 117 (Wyo. 1964), reh'g denied, 380 U.S. 989, 85 S. Ct. 1352, 14 L. Ed. 2d 283 (U.S. 1965), cert. denied, 380 U.S. 925, 85 S. Ct. 929, 13 L. Ed. 2d 810, 1965 U.S. LEXIS 1878 (U.S. 1965).

Where no evidence of fraud. —

Determination by city council that railroad's right-of-way was benefited by street improvement and was subject to assessment, was conclusive on the supreme court where there was no evidence that determination by city council was due to fraud, arbitrariness or palpable injustice. Chicago & N. W. R.R. v. Riverton, 70 Wyo. 119, 247 P.2d 660 (Wyo. 1952).

Assessment void where real estate incorrectly described onassessment roll. —

An assessment against a railway company was held totally void where the assessment roll did not correctly describe the real estate owned by the railroad within the assessment district. Appeal of Chicago & N. W. R.R., 70 Wyo. 84, 246 P.2d 789, 1952 Wyo. LEXIS 26 (Wyo. 1952).

Remedy of owner of bonds payable only from improvement fund upon nonpayment is to enforce a special assessment by mandamus to compel city officials to reassess. Blanchar v. Casper, 81 F.2d 452, 1936 U.S. App. LEXIS 3462 (10th Cir. Wyo. 1936).

§ 15-6-104. Powers incidental to streets.

The governing body of any city or town may:
1. Design, establish, vacate, widen, extend and open streets or parts thereof;
2. Appropriate private property for the purpose;
3. Establish or alter the grade of any street, within the corporate limits; and
4. Determine and provide everything necessary and convenient to the exercise of this authority.

History. Laws 1965, ch. 112, § 333; W.S. 1957, § 15.1-333; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Due process not involved where vacation does not take substantialright. —

Plaintiffs, who were not deprived of any substantial right by reason of the vacation of a portion of an alley, were not in a position to contend that their property was taken without due process of law. Thomas v. Jultak, 68 Wyo. 198, 231 P.2d 974, 1951 Wyo. LEXIS 23 (Wyo. 1951).

Authority to vacate alley sustained. —

Contention by plaintiff that the city was without power or authority to vacate an alley for the sole benefit of a named property owner could not be sustained where the resolution for vacating a portion of the alley did not show it was solely for the benefit of the named property owner but on the contrary showed that it was for the benefit of the city. Thomas v. Jultak, 68 Wyo. 198, 231 P.2d 974, 1951 Wyo. LEXIS 23 (Wyo. 1951).

Vacating alley held not abuse of city council's power. —

A city council did not abuse its power in vacating the west portion of an east-west alley which terminated at its west end at the city limits insofar as a company was concerned whose property was located outside the city limits at the termination end of the alley, and insofar as a lot owner was concerned whose property was located at the east end of the alley, even though the company and lot owner used the alley for transportation of merchandise to and from a warehouse located on property of the lot owner. Thomas v. Jultak, 68 Wyo. 198, 231 P.2d 974, 1951 Wyo. LEXIS 23 (Wyo. 1951).

Am. Jur. 2d, ALR and C.J.S. references. —

Governmental tort liability for injury to roller skater allegedly caused by sidewalk or street defects, 58 ALR4th 1197.

§ 15-6-105. Finality of actions; construction of provisions.

The action and decision of the governing body on any matters passed upon by it in relation to any subject covered in this chapter is final and conclusive in the absence of fraud.
This chapter shall be liberally construed for the purpose of carrying out the objects for which it is intended.

History. Laws 1965, ch. 112, §§ 334, 335; W.S. 1957, §§ 15.1-334, 15.1-335; W.S. 1977, §§ 15-6-105 , 15-6-106; Laws 1980, ch. 38, § 1.

Determination by city council conclusive where no evidenceof fraud. —

Determination by city council that railroad's right-of-way was benefited by street improvement and was subject to assessment, was conclusive in the supreme court where there was no evidence that determination by city council was due to fraud, arbitrariness or palpable injustice. Chicago & N. W. R.R. v. Riverton, 70 Wyo. 119, 247 P.2d 660 (Wyo. 1952).

Article 2. Beginning Proceedings

§ 15-6-201. Generally; ordinance or resolution required.

If any city or town makes local improvements or establishes or alters the grade of any street at the cost and expense, in whole or in part, of property specially benefited thereby, the proceedings shall be as provided in this chapter.
Any such improvement may be ordered only by ordinance or resolution of the governing body.

History. Laws 1965, ch. 112, § 336; W.S. 1957, § 15.1-336; Laws 1980, ch. 38, § 1.

Resolution and maps not giving specific information held notin compliance. —

Even if the failure of the city to place grade maps in the clerk's office in accordance with the published notice is disregarded, there was no real compliance, as far as grades were concerned, with this section and § 15-6-202 , where the published resolution did not in itself provide any specific information, and such maps as were placed in the offices of the engineers contained information as to the proposed improvements, but were comparatively meaningless except as they might be correlated with the existing elevations which with minor exceptions were not shown, and the city manager testified that the delivery of the maps to the city did not occur until after the beginning of the protest period. Gorrell v. Casper, 371 P.2d 835, 1962 Wyo. LEXIS 86 (Wyo. 1962) (decided under former similar provisions).

§ 15-6-202. Initiative resolution; contents; acceptable bids; notice to be published and mailed; caption.

Any improvement may be initiated directly by the governing body by resolution declaring its intention to make improvements. The resolution shall specify with convenient certainty the streets or part thereof proposed to be improved, if the improvements are street improvements, the boundaries of the proposed assessment district, the character, kind and extent of the improvements and if paving is involved, the kinds of paving to be used. The resolution shall specify an estimate of the cost of the total improvement project and of each proposed assessment unit, if any, and also an estimate of the contract price of the total improvement project. The governing body shall not accept any bids or combination of bids which exceed by more than ten percent (10%) the estimates of the contract price, unless the legal owners of record of all property in the district waive this limitation.
If an improvement will result in a change in existing street elevations or grades, it is sufficient if the resolution of intention so states without a description, directly or by reference, of the extent or location of the change.
If any part of an improvement is to be paid out of the general fund or road fund of the city or town, or out of funds available to the city or town from any other source, the resolution shall so state. If the improvement is to be maintained by the contractor for a specified period, not to exceed five (5) years, the resolution shall contain a statement to that effect and that the charge for maintenance is to be included in the assessment for the improvement.
The resolution shall fix the time and place, when and where the governing body will meet to consider any remonstrances and objections to the proposed improvements, and the time within which remonstrances and objections must be filed with the city or town recorder. It shall direct the recorder to give a fifteen (15) day notice to all legal owners of record of the property liable to assessment for the proposed improvements by publishing the resolution in one (1) issue of some newspaper published in the city or town once a week or more often. If no newspaper is published within the city or town, notice may be published in any newspaper of general circulation in the county once a week or more often. In addition to the publication, a copy of the resolution of intention shall be mailed, postage prepaid, at least fifteen (15) days prior to the hearing, to each legal owner of record of the property within the proposed district.
The resolution when published and mailed as a notice shall have the following caption:
“Notice to all persons liable to assessment for the improvement of (state names of streets or if improvement is not to be located in the streets, identify by general character and general location). The governing body of the city (city or town) on the . . . . . day of . . . . . passed the following resolution of intention.”

The resolution shall be set forth in full immediately after the caption of the notice.

History. Laws 1965, ch. 112, § 337; W.S. 1957, § 15.1-337; Laws 1980, ch. 38, § 1; ch. 48, § 1.

Composition of improvement district. —

Under this section and §§ 15-6-101 , 15-6-206 and 15-6-302 , an improvement district may be composed of two or more parallel streets. Bass v. Casper, 28 Wyo. 387, 205 P. 1008, 1922 Wyo. LEXIS 33 (Wyo.), reh'g denied, 28 Wyo. 420, 208 P. 439 (Wyo. 1922).

Reasonable description of property required. —

While requirements of this section, that resolution of intention state the character, kind and extent of a contemplated improvement, cannot be so rigidly construed as where plans and specifications are made before the passage of the resolution, instead of afterward, as provided by § 15-6-206 , a reasonable description of the improvement contemplated should be given. Bass v. Casper, 28 Wyo. 387, 205 P. 1008, 1922 Wyo. LEXIS 33 (Wyo.), reh'g denied, 28 Wyo. 420, 208 P. 439 (Wyo. 1922).

Objection to defective resolution. —

Even if legislature did not intend by § 15-6-408 , making confirmation by council final and conclusive against all parties not filing objections as required by § 15-6-405 , to make all steps not constitutionally necessary irregularities only on collateral attack, a defect in resolution of intention in not sufficiently stating character and extent of proposed improvement, as required by this section, cannot be taken advantage of in a suit to enjoin collection of an assessment by property owners who filed no objections to confirmation thereof. Bass v. Casper, 28 Wyo. 387, 205 P. 1008, 1922 Wyo. LEXIS 33 (Wyo.), reh'g denied, 28 Wyo. 420, 208 P. 439 (Wyo. 1922).

Failure to remonstrate as to inadequate notice does not waiveobjection. —

Failure to remonstrate to the city council on the question of claimed inadequacy of notice of intention to change grades was not a waiver of the right to object. Gorrell v. Casper, 371 P.2d 835, 1962 Wyo. LEXIS 86 (Wyo. 1962).

Resolution and maps not giving specific information held notin compliance. —

See same catchline under § 15-6-201 .

Provisions as to finality of action inapplicable if matternot properly published. —

Where nothing in the publication of a resolution of intention or in supplementary maps related directly and concretely to change in grade, it would be wholly unwarranted to provide that there could be a waiver as to a matter which was never before the property owners as required by statute. Consequently, § 15-6-105(a) has no application. Gorrell v. Casper, 371 P.2d 835, 1962 Wyo. LEXIS 86 (Wyo. 1962).

Cited in

Mealey v. City of Laramie, 485 P.2d 1019, 1971 Wyo. LEXIS 222 (Wyo. 1971); Blount v. City of Laramie, 510 P.2d 294, 1973 Wyo. LEXIS 159 (Wyo. 1973).

Am. Jur. 2d, ALR and C.J.S. references. —

Cotenancy as factor in determining representation of property owners in petition for, or remonstrance against, public improvement, 3 ALR2d 127.

Right of owners of property abutting street to compensation for establishing or paving over parkway in center of street, or paving roadway adjacent to parkway, 81 ALR2d 1436.

Inclusion or exclusion of first and last days in computing time for giving notice of hearing as to street improvements, which notice must be given a certain number of days before a known future date, 234 Ark. 518, 353 S.W.2d 168, 1962 Ark. LEXIS 719 (1962).

§ 15-6-203. Protest petitions; requirements for abandonment; initiative petitions.

At any time within fifteen (15) days from the publication of the resolution of intention, the owners of property situated within the proposed assessment district may file with the city clerk their written objections to the proposed improvement. If protests against the making of the improvements are filed by the legal owners of record of more than one-half (1/2) of the area of the property subject to assessment therefor, within an assessment district, the proposed improvements within that district shall be abandoned. No protest will be considered unless filed within fifteen (15) days after the publication of resolution of intention. If any petition is filed signed by the owners of fifty percent (50%) of the property proposed in the petition to be assessed for any local improvement, the governing body shall proceed with the type of improvement set forth in the petition, following the same procedure as though initiated by resolution.

History. Laws 1965, ch. 112, § 338; W.S. 1957, § 15.1-338; Laws 1980, ch. 38, § 1.

Protests by owners in local district or enlarged district.—

The legislature contemplated that a protest by the owners of over one-half of the property situated in either the local improvement district or the enlarged district (which includes the smaller) would be sufficient to prevent further proceedings. Gorrell v. Casper, 371 P.2d 835, 1962 Wyo. LEXIS 86 (Wyo. 1962).

Stated in

Associated Enters., Inc. v. Toltec Watershed Imp. Dist., 490 P.2d 1069, 1971 Wyo. LEXIS 267 (Wyo. 1971).

§ 15-6-204. Authority to act and assess; deletions or modifications.

Upon passage and publication of the resolution of intention the governing body has jurisdiction and the right to pass any and all ordinances and resolutions, to do any and all acts necessary to prosecute the improvement to completion and to make and levy an assessment to pay for the improvement.
If no remonstrances are made and filed or if all remonstrances filed are overruled by the governing body, it shall delete or modify the improvements and delete any property to be assessed as it considers proper and shall cause the improvements to be begun and prosecuted with reasonable diligence until completed.

History. Laws 1965, ch. 112, §§ 339, 340; W.S. 1957, §§ 15.1-339, 15.1-340; W.S. 1977, §§ 15-6-204 , 15-6-205 ; Laws 1980, ch. 38, § 1.

§ 15-6-205. Streets; improving intervening parts; objection thereto.

If the improvement proposed is to a street, either by grading or regrading, paving or repaving, macadamizing or remacadamizing, graveling or regraveling, constructing crosswalks, gutters, curbs or providing for surface drainage, and not more than two (2) blocks remain unimproved in the street between improvements either already made or proposed to be made, the governing body on its own motion may cause the intervening or unimproved part to be improved. The improvement of that part shall not be stayed, defeated or prevented by any remonstrance or other objection, unless the governing body considers the remonstrance or objection proper to stay or prevent the improvement.

History. Laws 1965, ch. 112, § 341; W.S. 1957, § 15.1-341; W.S. 1977, § 15-6-206 ; Laws 1980, ch. 38, § 1.

§ 15-6-206. Ordinance ordering improvement; contents.

Upon the hearing of the resolution of intention, if the governing body decides to proceed with the improvement, it shall pass an ordinance, which shall recite:
1. The passage of the resolution of intention;
2. The date of the hearing; and
3. Whether or not remonstrances were filed and if any were filed, the action of the governing body thereon.
The ordinance shall also:
1. Order the improvements;
2. Describe the improvements proposed to be made;
3. Direct the city engineer to prepare plans and specifications therefor; and
4. Fix the boundaries of the assessment district, which shall include all property to be assessed for the improvements.

History. Laws 1965, ch. 112, § 342; W.S. 1957, § 15.1-342; W.S. 1977, § 15-6-207; Laws 1980, ch. 38, § 1.

Article 3. Plans, Specifications and Contracts

§ 15-6-301. General requirements; cooperation with federal government.

Immediately upon the passage of the ordinance, the city engineer shall prepare and file with the city clerk, plans and specifications which shall show in detail the work to be done, the quantities of material to be handled and the estimated cost of the improvements. The governing body shall approve the plans and specifications by motion or resolution.
The improvements may be made under contracts, or as a part of a contract, publicly let by the state or any agency thereof, or by the city or town in the manner provided in this section and W.S. 15-6-302 , or the city or town may make the improvements with its own equipment, labor and materials, without contract, or any combination of methods may be followed. If the improvements are to be made by municipal contracts, the city clerk shall call for bids by publishing a notice in at least one (1) issue of some newspaper published within the city or town or within the county in which the city or town is located and in such other papers as the governing body may provide in the ordinance.
The improvements may be made with the cooperation and assistance of the United States government or any agency or subdivision thereof, and the city or town may take advantage of any offer from any source to complete the improvements on a division of expense or responsibility.

History. Laws 1965, ch. 112, § 343; W.S. 1957, § 15.1-343; Laws 1980, ch. 38, § 1.

§ 15-6-302. Call for bids; contents; procedure for awarding and executing contracts.

The notice and call for bids as provided in W.S. 15-6-301 shall contain in substance the following:
1. The streets or parts thereof to be improved if the improvements are to be street improvements;
2. The general kind of improvement proposed to be made and whether it is to be maintained by the contractor for a specified period, but in no event for more than five (5) years;
3. The time within which bids will be received and the place where they shall be filed;
4. That a certified or cashier’s check or bid bond in the sum of five percent (5%) of the amount of the bid must be filed with the bid, to be forfeited to the city or town as liquidated damages if the bidder is awarded the contract and fails to enter into a contract with the city or town within five (5) days from the date of his notification;
5. The successful bidder shall perform the work and furnish a bond guaranteeing the faithful performance of the work and a maintenance bond, if required by the governing body, which shall be furnished at the time of signing the contract. The guarantee and maintenance bond may be a single instrument.
The bids shall be opened by the governing body and the contract or contracts shall be awarded to the bidder or bidders who in its opinion are the lowest and best responsible bidders. The governing body may reject any and all bids.
Upon the letting of the contract or contracts to the successful bidders, the governing body, by motion or resolution, shall order the mayor or clerk, or some other officer of the city or town, to execute a written contract or contracts on behalf of the city or town with the successful bidders. The refusal of any official or officer of the city or town to execute the written contract or contracts does not affect the validity of the contract or contracts and the governing body may order some other city or town official or officer or one (1) of its members to execute the written agreement or agreements in place of the official or officer refusing to do so.
All bids and contracts for capital construction projects shall be in accord with the Wyoming contractor preference laws of title 16, chapter 6.

History. Laws 1965, ch. 112, § 344; W.S. 1957, § 15.1-344; Laws 1980, ch. 38, § 1; 2013, ch. 134, § 1.

Cross references. —

As to public works and contractor's bond, see §§ 16-6-101 through 16-6-121 .

The 2013 amendment, effective July 1, 2014, added (d).

Law reviews. —

For comment, “Competitive Bidding on Public Works in Wyoming: Determination of Responsibility and Preference,” see XI Land & Water L. Rev. 243 (1976).

Am. Jur. 2d, ALR and C.J.S. references. —

Public contracts: low bidder's monetary relief against state or local agency for nonaward of contract, 65 ALR4th 93.

Article 4. Assessments and Bonds Generally

Cross references. —

As to securities issued by electric and gas corporations, see §§ 37-6-101 to 37-6-107 .

Am. Jur. 2d, ALR and C.J.S. references. —

64 Am. Jur. 2d Public Securities and Obligations §§ 33 to 383; 70C Am. Jur. 2d Special or Local Assessment § 1 et seq.

64A C.J.S. Municipal Corporations §§ 1645 to 1724.

§ 15-6-401. How grades established or altered; cost.

If the notice provided for in W.S. 15-6-202 , is in whole or in part to establish or alter a grade, the governing body, after the expiration of giving the notice as provided in W.S. 15-6-202 , may establish it by ordinance or resolution. The cost of establishing or altering the grade of any streets, highway, avenue, road or alley may be paid out of the general funds of the city or town or may be specially assessed.

History. Laws 1965, ch. 112, § 345; W.S. 1957, § 15.1-345; Laws 1980, ch. 38, § 1; 2004, ch. 130, § 1.

The 2004 amendment substituted “W.S. 15-6-202 ” for “W.S. 15-6-204 .”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Conflicting legislation. —

§ 15-6-402. Assessments; when levied; what to be included generally.

If the contract or contracts for any improvements have been awarded, or the city or town has determined to construct the improvements by the use of its own equipment, labor and materials, or any of them, or avail itself of any state or federal program contributing to the cost of the improvement, the city engineer, either immediately, or at the council’s discretion upon the completion of the improvements, shall levy an assessment upon the property included in the district. The assessment shall include as a part of the cost the contract price, or the estimated costs of construction, together with the expense of engineering, inspection, advertising, levying and collecting assessments and all other charges which the city or town may have incurred or expects to incur in making and financing the improvements, or the portion of the costs designated by the governing body to be defrayed by special assessments.

History. Laws 1965, ch. 112, § 346; W.S. 1957, § 15.1-346; Laws 1980, ch. 38, § 1.

Applicability of provisions. —

First class city which issued sewer bonds under statute authorizing assessments according to area and distance may take preliminary steps and apportion assessments according to area only as provided by later act applicable to all municipalities. Henning v. Casper, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 4 (Wyo.), reh'g denied, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 3 (Wyo. 1936).

Sewer assessments and bonds issued in substantial compliance with essential provisions of law authorizing construction of sewers by first class cities were valid though levied and issued pursuant to later act respecting improvements by all municipalities. Henning v. Consolidated Bldg. & Loan Co., 50 Wyo. 315, 62 P.2d 540, 1936 Wyo. LEXIS 32 (Wyo. 1936).

Assessment was not void because some property in improvement district was not assessed. Bass v. Casper, 28 Wyo. 387, 205 P. 1008, 1922 Wyo. LEXIS 33 (Wyo.), reh'g denied, 28 Wyo. 420, 208 P. 439 (Wyo. 1922).

Preparation of rolls by engineer not city engineer. —

Whether or not under § 15-6-101 , construed liberally as provided by § 15-6-105(b), any engineer employed by the city may prepare assessment roll, an assessment confirmed by the council is not void because the city engineer did not prepare the roll as provided by this section, in view of § 15-6-441 , providing that it shall be no objection to the validity of an assessment that it was made by an unauthorized officer or person if confirmed by the city authorities. Bass v. Casper, 28 Wyo. 387, 205 P. 1008, 1922 Wyo. LEXIS 33 (Wyo.), reh'g denied, 28 Wyo. 420, 208 P. 439 (Wyo. 1922).

§ 15-6-403. Assessments; included costs.

If any authorized local improvement is ordered, there shall be included in the cost and expense thereof to be assessed against the property specially benefited and included in the district created to pay all or any part thereof, the cost of:
1. That portion of the improvement included within the limits of any street intersection space or spaces;
2. Inspection, tests, materials or work and of all engineering and surveying necessary for the improvement done under the direction of the city or town engineer;
3. Ascertaining the ownership of the lots or parcels of land included in the assessment district;
4. Advertising, mailing and publishing all notices; and
5. All accounting and clerical labor, books and blanks expended or used by the city or town comptroller and the city or town treasurer in connection with the improvements.

History. Laws 1965, ch. 112, § 347; W.S. 1957, § 15.1-347; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 15-6-404. Assessments; property included in district; methods of computation; combining improvements; ordinances and resolutions.

The assessment district shall include all the property benefited by the improvement or improvements as determined by the governing body, including municipal and other public property, except that of the United States government or any agency, instrumentality or corporation thereof in the absence of the consent of congress. If the improvement district includes unplatted or undivided land, the distance back from the improvement for computing assessments and fixing the assessment lien shall be the same as the distance back in the immediately adjoining platted area.
Assessments shall be computed by one (1) or more of the following methods:
1. Each one-half (1/2) block or fraction thereof within the district contiguous to each street, alley, avenue, boulevard or parkway in or along which the improvement or improvements are to be made shall be divided, irrespective of number and location of lots, into three (3) equal subdivisions parallel to the street, alley, avenue, boulevard or parkway to be improved. The subdivisions shall be numbered one (1), two (2) and three (3) respectively, beginning next to the street, alley, avenue, boulevard or parkway. The total assessment for each one-half (1/2) block or fraction thereof abutting on either side of each street, alley, avenue, boulevard or parkway to be improved, as fixed by the governing body, shall be apportioned as follows:
  1. Subdivision number one (1), sixty percent (60%);
  2. Subdivision number two (2), thirty percent (30%);
  3. Subdivision number three (3), ten percent (10%).
2. Each one-half (1/2) block contiguous to each street, alley, avenue, boulevard or parkway in or along which the improvement or improvements are to be made shall be assessed on an area basis, so that the assessment against each piece of property assessed shall be in the proportion that the square footage of that piece of property bears to the total square footage of the assessable property within the one-half (1/2) block;
3. Each piece of property abutting on the street, alley, avenue, boulevard or parkway in or along which the improvement or improvements are to be made shall be assessed on a lineal foot basis so that the total assessment against each piece of a property shall be in the proportion that the abutting lineal footage of that piece of property bears to the total abutting lineal footage of the property to be assessed for the same improvement or improvements;
4. Each piece of property which the governing body reasonably determines to be benefited by the proposed improvement, regardless of whether the improvement is located in and along a street, alley, avenue, boulevard or parkway, and regardless of whether the property lies within the one-half (1/2) block abutting the improvement, shall be assessed on an area basis, or lineal foot basis, or any other uniform basis so that property similarly benefited will be similarly assessed. Regardless of the method or methods of computation selected by the governing body, and notwithstanding the provisions made for computation to the center of the block or within the one-half (1/2) block, the assessment may be levied and the assessment lien thereby made to attach, upon all of a piece of benefited property so as to avoid the imposition of a lien upon a part of a subdivided lot or parcel under common ownership and use. In the case of any irregular-shaped or nonuniform block or lot, tract, parcel of land or other unit of property to be assessed, an appropriate adjustment may be made, so that the assessment there against is in proportion to the benefits derived.
More than one (1) improvement may be combined in a single local improvement district when the governing body determines that the combination is both efficient and economical. If the combination of improvements are separate and distinct by reason of substantial difference in their character or location, or otherwise, the estimated costs of each improvement shall be segregated for the levy of assessments and an equitable share of the incidental costs allocated to each improvement. In the absence of arbitrary or unreasonable abuse of discretion, its determination of the portion of the project constituting a separate improvement for purposes of segregation is conclusive.
Each city and town may adopt all ordinances and resolutions necessary to levy and collect the special assessment and providing for the manner of sale, redemption and conveyance of lands sold for nonpayment of special assessments.

History. Laws 1965, ch. 112, § 348; W.S. 1957, § 15.1-348; Laws 1980, ch. 38, § 1; 2006, ch. 114, § 1.

The 2006 amendment, deleted “and” at the end of (c), and made a related change.

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Conflicting legislation. —

Relation to other provision. —

Section 15-6-103 and this section are not inconsistent. The former section cannot be said to control the latter. Appeal of Chicago & N. W. R.R., 70 Wyo. 84, 246 P.2d 789, 1952 Wyo. LEXIS 26 (Wyo. 1952).

Authority to levy assessments well established. —

The judicial decisions on legislation authorizing special assessments have generally become so crystallized that it would seem to be rather late in the day to question their authority. Marion v. Lander, 394 P.2d 910, 1964 Wyo. LEXIS 117 (Wyo. 1964), reh'g denied, 380 U.S. 989, 85 S. Ct. 1352, 14 L. Ed. 2d 283 (U.S. 1965), cert. denied, 380 U.S. 925, 85 S. Ct. 929, 13 L. Ed. 2d 810, 1965 U.S. LEXIS 1878 (U.S. 1965).

Branch of taxing power. —

The authority of the city council to require the property specially benefited to bear the cost of local improvements is a branch of the taxing power, or included within it. Mealey v. Laramie, 472 P.2d 787, 1970 Wyo. LEXIS 183 (Wyo. 1970).

Means of affecting tax measure. —

A tax measure will not be affected by any means other than a clear, definite and unambiguous statement of the legislative authority. Mealey v. Laramie, 472 P.2d 787, 1970 Wyo. LEXIS 183 (Wyo. 1970).

Section provides alternative methods of allocation. Marion v. Lander, 394 P.2d 910, 1964 Wyo. LEXIS 117 (Wyo. 1964), reh'g denied, 380 U.S. 989, 85 S. Ct. 1352, 14 L. Ed. 2d 283 (U.S. 1965), cert. denied, 380 U.S. 925, 85 S. Ct. 929, 13 L. Ed. 2d 810, 1965 U.S. LEXIS 1878 (U.S. 1965).

Utilization of methods. —

Whatever method, or combination of methods, is utilized results prima facie in an equal and uniform allocation. Marion v. Lander, 394 P.2d 910, 1964 Wyo. LEXIS 117 (Wyo. 1964), reh'g denied, 380 U.S. 989, 85 S. Ct. 1352, 14 L. Ed. 2d 283 (U.S. 1965), cert. denied, 380 U.S. 925, 85 S. Ct. 929, 13 L. Ed. 2d 810, 1965 U.S. LEXIS 1878 (U.S. 1965).

City not required to consider tax valuations in fixing assessments.—

Even assuming that the assessed valuation of certain of the properties for ad valorem tax purposes was properly before the court, there is no requirement that compels the city to take such matters into consideration in fixing and determining the assessment of special benefits. Marion v. Lander, 394 P.2d 910, 1964 Wyo. LEXIS 117 (Wyo. 1964), reh'g denied, 380 U.S. 989, 85 S. Ct. 1352, 14 L. Ed. 2d 283 (U.S. 1965), cert. denied, 380 U.S. 925, 85 S. Ct. 929, 13 L. Ed. 2d 810, 1965 U.S. LEXIS 1878 (U.S. 1965).

And property assessable despite contention no special benefitconferred. —

The right-of-way of a railway company is assessable for street improvements under this section, notwithstanding the contention that no special benefits are conferred on the railway company by the improvements. Appeal of Chicago & N. W. R.R., 70 Wyo. 84, 246 P.2d 789, 1952 Wyo. LEXIS 26 (Wyo. 1952).

Determination that property benefited conclusive. —

The determination of the assessing authorities as to what property is benefited, and the extent or value of the benefits, is generally held conclusive, and cannot be questioned except in cases of fraud or manifest mistake. Emery v. Rawlins, 596 P.2d 675, 1979 Wyo. LEXIS 420 (Wyo. 1979).

Where no evidence of fraud, arbitrariness or palpable injustice.—

Objecting lot owner has burden to show arbitrary or illegal action on the part of the city; that burden has not been met by merely showing difference in net assessments due. Emery v. Rawlins, 596 P.2d 675, 1979 Wyo. LEXIS 420 (Wyo. 1979).

Burden not met. —

A disparity in the assessment is not the result of an arbitrary and capricious method where the city makes an allowance for the work which has been done by or in behalf of the particular lot owner. Emery v. Rawlins, 596 P.2d 675, 1979 Wyo. LEXIS 420 (Wyo. 1979).

Where the city council has made the legislative determination that since commercial lots are generally larger than residential, it is proper to permit a greater assessment against them, but in no case shall the benefit be considered as extending beyond the established average depth, such classification is neither arbitrary nor discriminatory. Emery v. Rawlins, 596 P.2d 675, 1979 Wyo. LEXIS 420 (Wyo. 1979).

Second assessment of corner lot allowed. —

Mere fact that corner lot has been once assessed for sewer construction along its front street does not necessarily furnish constitutional reason why it may not be subsequently assessed for sewer constructed through the other street upon which it abuts. McGarvey v. Swan, 17 Wyo. 120, 96 P. 697, 1908 Wyo. LEXIS 11 (Wyo. 1908).

Reassessment of certain property will not be ordered where the resulting “saving” spread throughout the district would be so small that the doctrine of de minimis must apply. Emery v. Rawlins, 596 P.2d 675, 1979 Wyo. LEXIS 420 (Wyo. 1979).

§ 15-6-405. Assessments; roll; preparation and filing; hearing; notice; action by governing body; objections; amendments; certification.

When an assessment roll for local improvements has been prepared, it shall be filed with the clerk of the city or town. The governing body shall then fix a date for hearing upon the roll before it and direct the clerk to give notice of the time and place of the hearing. Any person may object to the roll in writing and file the objections with the clerk on or before the date of the hearing. At the time and place fixed and at such other times to which the hearing may be continued, the governing body shall sit as a board of equalization to consider the roll. At the hearing or hearings, the governing body will consider the objections or any part thereof, and correct, revise, raise, lower, change or modify the roll or any part thereof, or set it aside and order that the roll assessments be made de novo, in a manner appearing just and equitable, and then proceed to confirm the roll by ordinance. The notice of the hearing shall be published at least twice, by two (2) weekly publications in a newspaper of general circulation in the city or town. However, at least fifteen (15) days must elapse between the date of the first publication and the date fixed for the hearing.
The notice shall also be given by the clerk, or his deputy by deposit of the notice, at least fifteen (15) days prior to the date fixed for hearing, in the United States mails, postage prepaid, as first class mail, addressed to the last known owner or owners of each tract being assessed at their last known addresses. In the absence of fraud the failure to mail any notice does not invalidate any assessment or any proceedings under this chapter. Any list of names or addresses pertaining to any district may be revised from time to time, but it need not be revised more frequently than at twelve (12) month intervals. Any mailing of notice prescribed by this chapter shall be verified by the affidavit or certificate of the person mailing the notice, and the verification shall be retained in the records of the city or town at least until all assessments and bonds pertaining thereto have been paid in full.
All objections to the roll shall state clearly the grounds of objections and unless made within the time and in the manner prescribed are conclusively presumed to have been waived. If any roll is amended so as to raise any assessments or to include omitted property, a new time and place for hearing and a new notice of hearing on the amended roll shall be fixed and given as in the case of an original hearing. However, if any property has been entered originally upon the roll and the assessment upon the property has not been raised, no objections thereto may be considered by the governing body or by any court on appeal, unless they were made in writing at or before the date fixed for the original hearing. When an assessment roll is confirmed, it shall be certified to by the city clerk and transmitted to the city treasurer for collection.

History. Laws 1965, ch. 112, § 349; W.S. 1957, § 15.1-349; Laws 1980, ch. 38, § 1.

Notice and hearing required by due process. —

Due process requires notice and hearing at some stage of the proceeding in order that owners may question the validity and justness of assessments for special benefits. Marion v. Lander, 394 P.2d 910, 1964 Wyo. LEXIS 117 (Wyo. 1964), reh'g denied, 380 U.S. 989, 85 S. Ct. 1352, 14 L. Ed. 2d 283 (U.S. 1965), cert. denied, 380 U.S. 925, 85 S. Ct. 929, 13 L. Ed. 2d 810, 1965 U.S. LEXIS 1878 (U.S. 1965).

But section provides due process. —

Where city has set in motion its jurisdiction of the subject matter in proceedings to levy assessments for local improvements, final notice of hearing for confirmation of the assessment required by this section constitutes due process of law. Bass v. Casper, 28 Wyo. 387, 205 P. 1008, 1922 Wyo. LEXIS 33 (Wyo.), reh'g denied, 28 Wyo. 420, 208 P. 439 (Wyo. 1922).

This section's provisions for notice and hearing upon the assessment roll are sufficient to meet due process requirements, even though the assessment roll is not made up until after the contract for installation and construction of the improvements has been let. Marion v. Lander, 394 P.2d 910, 1964 Wyo. LEXIS 117 (Wyo. 1964), reh'g denied, 380 U.S. 989, 85 S. Ct. 1352, 14 L. Ed. 2d 283 (U.S. 1965), cert. denied, 380 U.S. 925, 85 S. Ct. 929, 13 L. Ed. 2d 810, 1965 U.S. LEXIS 1878 (U.S. 1965).

Waiver of objections. —

The legislature intended to foreclose court attacks upon the assessment only at to those points which could have been but were not placed before the council. Emery v. Rawlins, 596 P.2d 675, 1979 Wyo. LEXIS 420 (Wyo. 1979).

Even if legislature did not intend by § 15-6-408 , making confirmation by the council final and conclusive against all parties not filing objections as required by this section, to make all steps not constitutionally necessary irregularities only on collateral attack, a defect in resolution of intention in not sufficiently stating character and extent of proposed improvement, as required by § 15-6-202 , cannot be taken advantage of in a suit to enjoin collection of assessment, by property owners who filed no objections to the confirmation. Bass v. Casper, 28 Wyo. 387, 205 P. 1008, 1922 Wyo. LEXIS 33 (Wyo.), reh'g denied, 28 Wyo. 420, 208 P. 439 (Wyo. 1922).

Since this section and § 15-6-408 , with respect to waiver of objections, apply only to persons not filing objections to and not appealing from council's confirmation thereof, § 15-6-441 , declaring assessments valid, though made by unauthorized person, if confirmed by council in good faith without fraud or oppression, applies also to persons not making objections in confirmation proceeding itself, and covers at least specific irregularities therein pointed out. Bass v. Casper, 28 Wyo. 387, 205 P. 1008, 1922 Wyo. LEXIS 33 (Wyo.), reh'g denied, 28 Wyo. 420, 208 P. 439 (Wyo. 1922) (decided under former similar provisions).

Assessments not subject to collateral attack in absence offraud. —

The provisions of this section are adequate for the purpose of determining and equalizing assessments against the property in the district and, absent fraud, such assessments are not subject to collateral attack. Marion v. Lander, 394 P.2d 910, 1964 Wyo. LEXIS 117 (Wyo. 1964), reh'g denied, 380 U.S. 989, 85 S. Ct. 1352, 14 L. Ed. 2d 283 (U.S. 1965), cert. denied, 380 U.S. 925, 85 S. Ct. 929, 13 L. Ed. 2d 810, 1965 U.S. LEXIS 1878 (U.S. 1965).

Limitation of actions. —

Holder of improvement bonds need not continuously search municipal records to ascertain whether officers are doing their statutory duty, and limitation against action by him based on treasurer's reduction of assessments does not commence running until he acquires actual notice thereof. Gray v. Thermopolis, 33 F. Supp. 73, 1936 U.S. Dist. LEXIS 1104 (D. Wyo. 1936).

Relief may be granted from improper action bearing upon the power of the city agency to act and not even known to the property owner, where the motion appears to have been promptly filed after discovery of the alleged violation. Emery v. Rawlins, 596 P.2d 675, 1979 Wyo. LEXIS 420 (Wyo. 1979).

Quoted in

Mealey v. City of Laramie, 472 P.2d 787, 1970 Wyo. LEXIS 183 (Wyo. 1970).

§ 15-6-406. Lien created; priority; filing.

The charge on the respective lots, tracts, parcels of land and other property for the purpose of special assessments, to pay the cost and expense in whole or in part of any improvement authorized in this chapter, when assessed and the assessment roll is confirmed by the governing body, shall be a lien upon the property assessed from the time the assessment roll is placed in the hands of the officer authorized by law to collect the assessment. The lien shall be paramount and superior to any other lien or encumbrance created before or after, except a lien for assessments for general taxes.
In order to have a valid, enforceable lien under this section, a lien statement sworn to before a notarial officer, shall be filed by the claimant with the county clerk of the county in which the assessment district is located. The county clerk shall file the statement and index by date, name of claimant and property owner, and by legal description. The lien statement shall contain the following:
1. The name and address of the governing body seeking to enforce the lien;
2. The name and address of the person against whose property the lien is filed; and
3. The legal description of the property to which the lien attaches.
Special assessment rolls approved prior to July 1, 1989 and still in effect, shall be filed with the county clerk of the county in which the district is located.

History. Laws 1965, ch. 112, § 350; W.S. 1957, § 15.1-350; Laws 1980, ch. 38, § 1; 1989, ch. 185, § 1; 2008, ch. 20, § 2.

The 2008 amendment, effective July 1, 2008, substituted “notarial officer,” for “notary public” in the introductory language of (b).

Assessments limited to the costs and expenses of the improvement, and bonds are apparently authorized to be issued in the same amount, though not greater, and the city is not liable for any deficiency subsequently arising. Richardson v. Casper, 48 Wyo. 219, 45 P.2d 1, 1935 Wyo. LEXIS 33 (Wyo. 1935).

No priorities between liens. —

Liens of special assessments levied to pay bonds issued for special improvements, such as grading, paving, sewer, etc., have no priority one over the other, but are of equal rank regardless of the time they were created. Willard v. Morton, 50 Wyo. 72, 59 P.2d 338, 1936 Wyo. LEXIS 15 (Wyo. 1936).

Limitation of actions. —

Holder of improvement bonds need not continuously search municipal records to ascertain whether municipal officers are doing their statutory duty and limitation against action by him based on treasurer's reduction of assessments does not commence running until he acquires actual notice thereof. Gray v. Thermopolis, 33 F. Supp. 73, 1936 U.S. Dist. LEXIS 1104 (D. Wyo. 1936).

Law reviews. —

See “Tax Lien Priority,” 4 Wyo. L.J. 255 (1950).

§ 15-6-407. Assessments; review of decisions.

The decision of the governing body may be appealed to the district court by filing a written notice of appeal within fifteen (15) days from the date of the governing body’s decision.

History. Laws 1965, ch. 112, § 351; W.S. 1957, § 15.1-351; Laws 1980, ch. 38, § 1; 1985, ch. 209, § 1.

Waiver of objections. —

The legislature intended to foreclose court attacks upon the assessment only as to those points which could have been but were not placed before the council. Emery v. Rawlins, 596 P.2d 675, 1979 Wyo. LEXIS 420 (Wyo. 1979).

Objection to inclusion of several streets in one district is not available to property owners who did not object to confirmation of assessment. Bass v. Casper, 28 Wyo. 387, 205 P. 1008, 1922 Wyo. LEXIS 33 (Wyo.), reh'g denied, 28 Wyo. 420, 208 P. 439 (Wyo. 1922).

Limitation of actions. —

§ 15-6-408. Assessments; when proceedings conclusive; when sale enjoinable.

When any assessment roll for local improvements has been confirmed by the governing body, the regularity, validity and correctness of the proceedings relating to the improvement and to the assessment, including the action of the governing body upon the assessment roll and its confirmation, is conclusive in all things upon all parties and cannot in any manner be contested or questioned in any proceedings by any person not filing written objections and not appealing the confirmation of the assessment roll in the manner provided.
No proceeding of any kind may be commenced or prosecuted to defeat or contest:
1. Any assessment specified in subsection (a) of this section;
2. The sale of any property to pay the assessment;
3. Any certificate of delinquency issued therefor;
4. The foreclosure of any lien issued therefor, except injunction proceedings to prevent the sale of any real estate on the grounds that the property about to be sold does not appear upon the assessment roll; or
5. That the assessment has been paid.

History. Laws 1965, ch. 112, § 352; W.S. 1957, § 15.1-352; Laws 1980, ch. 38, § 1.

§ 15-6-409. Assessments; when paid; interest; penalty; collection and enforcement of liens generally.

The city or town, in the ordinance confirming the assessment roll, shall prescribe the time within which the assessment or installments thereof shall be paid and shall provide for the payment and collection of interest thereon at a rate established by ordinance. Assessments or installments thereof, when delinquent, in addition to interest, shall bear a penalty of not more than five percent (5%) as prescribed by general ordinance. Interest and penalty shall be included in and made a part of the assessment lien. All local assessments becoming a lien upon any property in any city or town shall be collected by the treasurer, and all liens shall be enforced in the manner provided. In cities and towns other than cities of the first class, delinquent assessments or delinquent installments thereof shall be certified to the treasurer of the county in which the city or town is located, and he shall enter them upon the general tax rolls and collect them as other general taxes are collected. The county treasurer shall remit to the city treasurer on the tenth of each month all sums so collected.

History. Laws 1965, ch. 112, § 353; W.S. 1957, § 15.1-353; Laws 1980, ch. 38, § 1; ch. 48, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1.

Cross references. —

As to interest rates generally, see § 40-14-106(e).

Cited in

Collier v. Hilltop Nat'l Bank, 920 P.2d 1241, 1996 Wyo. LEXIS 99 (Wyo. 1996).

§ 15-6-410. Assessments; sale of property for delinquency; generally.

If an assessment or any installment thereof is delinquent, the city or town, by general ordinance, may provide for the sale of property described in the local assessment roll for:
1. The amount of the delinquent assessment or installment, together with penalty and interest accruing to date of sale;
2. The costs of the sale;
3. The execution and delivery by the treasurer of the city or town of certificates of sale to the purchaser; and
4. The execution by the treasurer of an assessment deed to the person entitled.
The treasurer shall give notice of such sales by publishing a notice once a week for three (3) consecutive weeks in a newspaper published within the city or town, or if there is none, then in a newspaper of general circulation within the county. The notice shall contain a list of all property upon which assessments are delinquent with the amount of the assessments, interest, penalties and costs to date of sale, including the cost of advertising the sale, together with the names of the owners of the property, or the words “unknown owners,” as they appear upon the assessment roll. The notice shall include, in addition to the legal description of the property, the street address for the property used by the United States postal service when available, or the street address used by the county or municipality if available. The notice shall specify the time and place of sale and that the property described will be sold to satisfy the assessments, interest, penalties and costs due upon it. All such sales shall be made between the hours of 10:00 a.m. and 4:00 p.m. and shall take place at the front door of the building in which the governing body holds its sessions. The sale shall be continued from day to day, omitting Sundays and legal holidays, until all the property described in the assessment roll on which any assessment or installment is delinquent and unpaid is sold. All sales are public, and each lot, tract or parcel of land, or other property shall be sold separately in the order in which they appear upon the assessment roll.
All lots, tracts and parcels of land and other property sold for delinquent and unpaid local assessments shall be sold to the first person at the sale offering to pay the amount due on the lot, tract or parcel of land or other property. If there is no bidder for any lot, tract or parcel of land, or other property, for a sum sufficient to pay the delinquent and unpaid assessment thereon, or installment thereof, together with interest, penalty and costs, the treasurer shall strike it off to the city or town for the whole amount which he is required to collect by the sale. If any bidder to whom any property is stricken off at the sale does not pay the assessment, interest, penalty and costs before 10:00 a.m. of the day following the sale, the property must then be resold, or if the assessment sale is closed, the property is deemed to have been sold to the city or town, and a certificate of sale shall be issued to the city or town therefor.
Any city or town may enter into an agreement with any person to provide that the person, in case of a sale under this section of the lots, tracts or parcels specified in the agreement, shall bid an amount at least equal to the sum of the total unpaid assessment, including delinquencies, and penalty, interest and costs to date of sale for each of the lots, tracts or parcels specified in the agreement.

History. Laws 1965, ch. 112, § 354; W.S. 1957, § 15.1-354; Laws 1980, ch. 38, § 1, ch. 48, § 1; 1996, ch. 70, § 2.

Bondholder may collect assessment if city does not. —

The city may be general ordinance provide for enforcement of assessments and sale of property subject thereto, but it is not obligatory upon it to do so, nor is it obligatory upon city to collect the assessments and if it fails, neglects or refuses to pay the bonds or promptly to collect any assessments when due, bond owner may do so. Richardson v. Casper, 48 Wyo. 219, 45 P.2d 1, 1935 Wyo. LEXIS 33 (Wyo. 1935).

City not liable in tort for failure to collect. —

The city is not liable in tort for its failure to make any effort to collect special assessments levied to pay special improvement bonds, as the statute gives bondholder the right to collect such assessments. Richardson v. Casper, 48 Wyo. 219, 45 P.2d 1, 1935 Wyo. LEXIS 33 (Wyo. 1935).

In tort action against city for failure to perform its alleged duties in collecting and applying special assessments to the payment of special improvement bonds, city was not liable as bonds contained statutory limitation of liability, and also gave holders right to enforce the assessments, no duty being imposed upon the city to collect and apply the special assessments. Richardson v. Casper, 48 Wyo. 219, 45 P.2d 1, 1935 Wyo. LEXIS 33 (Wyo. 1935).

§ 15-6-411. Assessments; sale of property; statement returned.

Within fifteen (15) days after the completion of the sale of all property described in the assessment rolls and authorized to be sold, the treasurer shall return to the comptroller, or other officer by whom the warrant was issued for the sale, a statement indicating his action thereon and showing all the property he sold, to whom sold and the sums paid for each.

History. Laws 1965, ch. 112, § 355; W.S. 1957, § 15.1-355; Laws 1980, ch. 38, § 1.

§ 15-6-412. Assessments; sale of property; certificates; private purchaser; contents; city or town; sale.

After receiving the amount of the assessment, penalty, interest, costs and charges, the treasurer shall make out a certificate, dated on the day of sale, stating (when known) the name of the owner as given on the assessment roll, a description of the land or other property sold, the amount paid therefor, the name of the purchaser, that it was sold for the assessment, giving the names of the streets, or other brief designation of the improvement for which the assessment was made, and specifying that the purchaser is entitled to a deed two (2) years from the date of sale, unless the property is redeemed. The certificate shall be signed by the treasurer and delivered to the purchaser who shall record it in the county clerk’s office in the county in which the lands or other property is situated within three (3) months from the date thereof. If not recorded within that time, the lien thereof shall be postponed to claims of subsequent purchasers and encumbrancers for value and in good faith who become purchasers and encumbrancers while it is unrecorded.
The city or town comptroller, if there is one, and if not then the city or town clerk, is the custodian of all certificates for property sold to the city or town. At any time within two (2) years from the date of a certificate and before redemption of the property, he shall sell and transfer any certificate to any person who presents to him the treasurer’s receipt evidencing payment of the amount for which the property described was stricken off to the city, with interest subsequently accrued to the date of payment. The comptroller or clerk, if authorized by the governing body, may sell and transfer any certificate in like manner after the expiration of two (2) years from the date of the certificate.

History. Laws 1965, ch. 112, § 356; W.S. 1957, § 15.1-356; Laws 1980, ch. 38, § 1.

Cited in

Collier v. Hilltop Nat'l Bank, 920 P.2d 1241, 1996 Wyo. LEXIS 99 (Wyo. 1996).

§ 15-6-413. Assessments; fund created; use.

All monies collected by the treasurer upon any assessments under this chapter shall be kept as a separate fund to be known as “local improvement fund, district no. . . . . . ,” or by any other appropriate designation approved by the governing body. The fund shall be used for the retirement of any obligation or debt created in the construction of the improvement.

History. Laws 1965, ch. 112, § 357; W.S. 1957, § 15.1-357; Laws 1980, ch. 38, § 1.

§ 15-6-414. Assessments; liability of treasurer for error.

If the treasurer receives any monies for assessments, giving a receipt therefor, for any property and afterward returns it as unpaid, or receives any money after making the return, and the property is sold for assessment which has been so paid and receipted for by him, his clerk, assistant or deputy, he and his bond are liable to the holder of the certificate given to the purchaser at the sale for the amount of the face of the certificate and legal interest which shall be demanded within two (2) years from the date of sale and recovered in any court of competent jurisdiction. No city or town is liable to the holder of any certificate.

History. Laws 1965, ch. 112, § 358; W.S. 1957, § 15.1-358; Laws 1980, ch. 38, § 1.

Cross references. —

As to interest rates generally, see § 40-14-106(e).

Law reviews. —

For article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” see VII Land & Water L. Rev. 617 (1972).

§ 15-6-415. Assessments; record of payment or redemption.

If the amount of any assessment, with interest, penalty, costs and charges accrued thereon is paid to the treasurer before the sale of any property, he shall mark it paid with the date of payment on the assessment roll. If any property sold for any assessments is redeemed, the treasurer shall enter it with the date of redemption on the roll. The records shall be made on the margin of the roll opposite the description of the property.

History. Laws 1965, ch. 112, § 359; W.S. 1957, § 15.1-359; Laws 1980, ch. 38, § 1.

§ 15-6-416. Assessments; property held in trust; creation and discharge thereof.

If any property is bid in by or stricken off to any city or town under any proceeding of this chapter, the property shall be held in trust by the city or town for the fund of the improvement district for which the assessment was levied to the extent of the assessment or installment for which the property was sold, with penalty, accrued interest and interest on the installment to time of next call for bonds or warrants. The city or town, at any time after receiving a deed, may pay the fund the amount of the delinquent assessment for which the property was sold and all accrued interest and interest to the time of the next call for bonds or warrants issued against the assessment fund at the rate provided, and thereupon take and hold the property discharged of the trust.

History. Laws 1965, ch. 112, § 360; W.S. 1957, § 15.1-360; Laws 1980, ch. 38, § 1.

Cross references. —

As to interest rates generally, see § 40-14-106(e).

§ 15-6-417. Assessments; property held in trust; sale thereof; procedure; notice.

Any city or town, at any time after the period of redemption has expired and deeds have been issued to the city or town by virtue of any proceedings under this chapter, may sell any such property at public auction to the highest bidder for cash. No bid may be accepted for any amount less than the amount set forth in the deed, plus accrued interest to date of sale, computed on the assessment for which the property was sold from the date of the execution of the deed, and all delinquent assessments and taxes against the property with accrued interest, penalties, costs and other charges. The city or town shall pay into the fund for which the property was held in trust an amount necessary to fully cancel the assessment for which the property was sold, together with all interest thereon.
Any such sale shall be conducted only after notice describing the property has been given and stating that the city treasurer, on the day specified, will sell the property at the front door of the building in which the governing body holds its sessions, between the hours of 10:00 a.m. and 4:00 p.m., and continue the sale from day to day, or withdraw the property from sale after the first day if he deems that the interests of the city or town so require. The notice shall be published at least five (5) times in a daily newspaper published within the city or town, or if there is none, then at least twice in any newspaper of general circulation in the county. At least fifteen (15) days shall elapse between the date of the last publication of the notice and the day the property is sold.

History. Laws 1965, ch. 112, § 361; W.S. 1957, § 15.1-361; Laws 1980, ch. 38, § 1.

No priorities between liens. —

Liens of special assessments levied to pay bonds issued for special improvements, such as grading, paving and sewer, have no priority one over the other, but are of equal rank regardless of the time when they were created. Willard v. Morton, 50 Wyo. 72, 59 P.2d 338, 1936 Wyo. LEXIS 15 (Wyo. 1936).

§ 15-6-418. Assessments; redemption of sold property; procedure; notice; deed; results therefrom.

Any property sold for an assessment is subject to redemption by the former owner, or his grantee, mortgagee, heir or other representative at any time within two (2) years from the date of the sale, upon the payment to the treasurer for the purchaser of the amount for which the property was sold, with interest at the rate of twelve percent (12%) per year, together with all taxes and special assessments, interest, penalties, costs and other charges thereon paid by the purchaser at or since the sale, with like interest thereon. Unless written notice of taxes and assessments subsequently paid, and the amount thereof, is deposited with the city or town treasurer, property may be redeemed without their inclusion. On any redemption, the treasurer shall give to the redemptioner a certificate of redemption and pay over the amount received to the purchaser of the certificate of sale or his assigns. If property is not redeemed within the period of two (2) years, the treasurer, on demand of the purchaser or his assigns and the surrender to him of the certificate of sale, shall execute a deed for the property to the purchaser or his assigns. No deed may be executed until the holder of the certificate of sale has notified the owners of the property that he holds the certificate and that he will demand a deed therefor. The notice shall be given by personal service upon the owners. If the owners are nonresidents of the state or cannot be found within the state after diligent search, the notice may be given by publication in a newspaper of general circulation within the city or town once a week for three (3) successive weeks. The notice and return thereof, with the affidavit of the person, or in case of a city or town, of the comptroller or clerk, claiming a deed, showing that service was made, shall be filed with the treasurer. If property is not redeemed within sixty (60) days after the date of service, or the date of the first publication of the notice, the holder of the certificate of sale is entitled to a deed. The deed shall be executed only for the property described in the certificate, and after payment of all delinquent taxes and special assessments, or installments and certificates of delinquency or other certificates issued for special or local assessments, whether levied, assessed or issued before or after the issuance of the certificates of sale. Any deed may be issued to any city or town for the face amount of the certificate of sale, plus accrued interest, costs, penalties and charges, and be held by the city or town subject to the liens of general taxes and special assessments.
The deed shall be:
1. Executed in the name of the city or town by which the improvement was made and shall recite in substance:
  1. The matters contained in the certificate of sale;
  2. The notice to the owner; and
  3. That no redemption has been made of the property within the time allowed by law.
The deed shall be signed and acknowledged by the city or town treasurer and is prima facie evidence that:
1. The property was assessed according to law;
2. The property was not redeemed;
3. Due notice of demand for deed had been given; and
4. The person executing the deed was the proper officer.
The deed is conclusive evidence of the regularity of all other proceedings from the assessment, up to and including the execution of the deed, and shall convey the entire fee simple title to the property described, except as otherwise provided for cities and towns, stripped of all liens and claims except assessments for local improvements or installments thereof not delinquent.

History. Laws 1965, ch. 112, § 362; W.S. 1957, § 15.1-362; Laws 1980, ch. 38, § 1; 2006, ch. 114, § 1.

Cross references. —

As to interest rates generally, see § 40-14-106(e).

The 2006 amendment, redesignated (b)(ii) as (c); and redesignated the remaining subsection accordingly; added “The deed shall be” in (c), and made related changes.

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Conflicting legislation. —

Applicability. —

The redemption of property sold to pay delinquent assessments is controlled by this section. Collier v. Hilltop Nat'l Bank, 920 P.2d 1241, 1996 Wyo. LEXIS 99 (Wyo. 1996).

§ 15-6-419. Assessments; foreclosure action for delinquency.

Any city or town may proceed with the collection or enforcement of any delinquent assessment or delinquent installment in an action brought in its own name in the district court in the county in which the city or town is located. It is not necessary to bring a separate suit for each piece or parcel of property delinquent, but all or any part of the property delinquent under any single assessment roll or assessment district may be proceeded against in the same action. Any of the owners or persons interested in any of the property may be joined as parties defendant in the action to foreclose, and any liens for delinquent assessments or installments may be foreclosed in the proceeding. The proceeding shall be tried before the court without a jury. In any such proceeding, it is sufficient to allege the passage of the ordinance providing for the improvement, the making of the improvement, the levying of the improvement assessment, the confirmation thereof, the date of delinquency of the assessment or installment and that the assessment was not paid prior to the delinquency or at all. The assessment roll and confirmatory order or authenticated copies are prima facie evidence of the regularity and legality of the proceedings connected therewith, and the burden of proof is upon the defendants. In any action where the owners or parties interested in any particular lot, tract or parcel of land or other property included in the suit suffer a default, the court may enter judgment of foreclosure and sale as to those parties and property and order execution thereon, and the action may proceed as to the remaining defendants and property. The judgment of the court shall specify separately the amount of the assessment or installment, with interest, penalty and costs, chargeable to the several lots, tracts and parcels of land and other property in the proceedings. The judgment has the effect of a separate judgment, and any appeal shall not invalidate or delay it except as to the property which is the subject of the appeal. In entering judgment the court shall decree that such lots, tracts or parcels of land or other property be sold to enforce the judgment and execution shall issue for the enforcement of the decree. Judgment may be entered as to any one (1) or more lots, tracts or parcels of land or other property involved, and the court may retain jurisdiction of the case as to the balance. All proceedings supplemental to judgment, including appeal, order of sale, period of redemption, sale and the issuance of deed shall be conducted in accordance with the law relating to property sold upon foreclosure of real estate mortgages.

History. Laws 1965, ch. 112, § 363; W.S. 1957, § 15.1-363; Laws 1980, ch. 38, § 1.

Judgment on bonds where assessment held invalid. —

Where holder of local improvement bonds brought suit against abutting property owners to enforce special assessments and called upon city to become a party to that action, which was refused, assessments being invalid, he was not obliged to bring mandamus to compel the city officials to reassess, but was entitled to personal judgment against city for the sum due on the bonds. Henning v. Casper, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 4 (Wyo.), reh'g denied, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 3 (Wyo. 1936).

City not bound by judgment of invalidity. —

City not being party to action in which assessments were held invalid is not bound by the judgment and may therefore, under provisions of this section, enforce the assessments by a proceeding in court, or may make reassessment within time limited. Henning v. Casper, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 4 (Wyo.), reh'g denied, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 3 (Wyo. 1936).

§ 15-6-420. Assessments; enforcement of installment liens.

If the assessment upon property is payable in installments, the enforcement of the lien of any installment by any method authorized in this chapter does not prevent the enforcement of the lien of any subsequent installment when it becomes delinquent. Any city or town may provide by ordinance that upon failure to pay any installment when due, the entire assessment is due and payable and the collection enforced in the manner prescribed.

History. Laws 1965, ch. 112, § 364; W.S. 1957, § 15.1-364; Laws 1980, ch. 38, § 1.

No priorities between liens. —

Liens of special assessments levied to pay bonds issued for special improvements, such as grading, paving and sewer, have no priority one over the other, but are of equal rank regardless of time when they were created. Willard v. Morton, 50 Wyo. 72, 59 P.2d 338, 1936 Wyo. LEXIS 15 (Wyo. 1936).

§ 15-6-421. Assessments; certificates of delinquency; issuance, sale; evidence therefrom; restriction.

Any city or town, by ordinance, may provide for the issuance of certificates of delinquency for any delinquent assessment or installment and any penalty and interest thereon to date of issuance. The certificates of delinquency constitute a lien against the property upon which assessments were levied. They shall bear interest from the date of issuance at the rate of twelve percent (12%) per year and may be foreclosed after two (2) years from the date of their issuance in the same manner and with the same effect as mortgages upon real estate are foreclosed.
The certificates may be:
1. Issued to the city or town;
2. Sold to any person applying for them;
3. Assigned in writing, and the city or town may sell and assign any certificates issued to it upon the payment, in cash of the principal and accrued interest.
A certificate is prima facie evidence that:
1. The land against which it was issued was subject to the assessment at the time assessed;
2. The property was assessed as required by law; and
3. The assessment or installment was not paid prior to the issuance of the certificate.
No certificate of delinquency may be issued upon any property for any assessment or installment during the pendency of any proceedings in court affecting the assessment or installment thereof.

History. Laws 1965, ch. 112, § 365; W.S. 1957, § 15.1-365; Laws 1980, ch. 38, § 1.

Cross references. —

As to interest rates generally, see § 40-14-106(e).

§ 15-6-422. Assessments; omitted property; when assessed; resolution; notice and hearing; results therefrom.

If for any reason property otherwise subject to assessment has been omitted from the assessment roll, the governing body, upon its own motion or upon the application of the owner of any property within the assessment district, may assess it according to the special benefits accruing to the omitted property because of the improvement and in proportion to the assessments levied upon other property within the district.
In any such case, the governing body shall first pass a resolution:
1. Setting forth that certain described property was omitted from the assessment;
2. Notifying all persons who may desire to object to appear at a meeting of the governing body at a time specified in the resolution; and
3. Directing the proper board, officer or authority to report at or prior to the hearing the amount which should be borne by each lot, tract or parcel of land or other property omitted.
The resolution shall be mailed and published in the manner provided for the giving of notice in W.S. 15-6-202 .
After the hearing, the governing body shall consider the matter as though the property had been included upon the original roll and may confirm all or any portion thereof by ordinance. The roll of omitted property shall then be certified to the treasurer for collection in the same manner as other assessments.

History. Laws 1965, ch. 112, § 366; W.S. 1957, § 15.1-366; Laws 1980, ch. 38, § 1.

§ 15-6-423. Assessments; fees.

The city or town treasurer shall charge fifty cents ($.50) for the issuance of each certificate of sale and each certificate of delinquency and one dollar ($1.00) for each deed.

History. Laws 1965, ch. 112, § 367; W.S. 1957, § 15.1-367; Laws 1980, ch. 38, § 1.

§ 15-6-424. Assessments; purchaser's lien; interest.

The purchaser at any sale authorized in this chapter acquires a lien on the property bid in by him for the amount paid plus all taxes and delinquent assessments, or delinquency and all interest, penalties, costs and charges he paid thereon whether levied before or after the sale for state, county, city or town purposes. The purchaser is entitled to interest at the rate of twelve percent (12%) per year on the original amount he paid from the date of the sale and upon subsequent payments from the date of payment of the respective amounts.

History. Laws 1965, ch. 112, § 368; W.S. 1957, § 15.1-368; Laws 1980, ch. 38, § 1.

Cross references. —

As to interest rates generally, see § 40-14-106(e).

No priorities between liens. —

Liens of special assessments levied to pay bonds issued for special improvements, such as grading, paving, sewer, etc., have no priority one over the other, but are of equal rank regardless of time when they were created. Willard v. Morton, 50 Wyo. 72, 59 P.2d 338, 1936 Wyo. LEXIS 15 (Wyo. 1936).

Setting aside sale to enforce lien of city. —

Where petition in action to set aside sale of realty pursuant to decree in suit to foreclose city's lien for street improvements sets forth facts which would have produced materially different result in foreclosure suit, it sets out meritorious defense authorizing setting aside of sale. Elstermeyer v. Cheyenne, 57 Wyo. 256, 116 P.2d 231, 1941 Wyo. LEXIS 29 (Wyo. 1941), reh'g denied, 57 Wyo. 421, 120 P.2d 599, 1942 Wyo. LEXIS 1 (Wyo. 1942).

§ 15-6-425. Assessments; general tax certificates subject thereto; foreclosure; interest.

The holder of any certificate of sale or delinquency for general taxes, before commencing any action to foreclose the lien, shall:
1. Pay in full all local assessments or installments outstanding against the whole or any portion of the property included in the certificate; or
2. Proceed to acquire title to the property subject to certain or all local assessment liens thereon, in which case the complaint, decree of foreclosure, order of sale, sale, certificate of sale and deed shall so state.
If the holder pays the local assessments, he is entitled to twelve percent (12%) interest per year on that amount from the date of payment.
In any action to foreclose a lien for general taxes upon any property, a copy of the complaint shall be served on the treasurer of the city or town in which the property is located within five (5) days after it is filed. If any property is struck off to or bid in by the county at any sale for general taxes, and the property is subsequently sold by the county, the proceeds of the sale shall first be applied to discharge in full the lien or liens for general taxes for which the property was sold. The remaining proceeds, or the amount necessary, shall be paid to the city or town to discharge all local assessment liens upon the property. Any surplus shall be distributed among the proper county funds.

History. Laws 1965, ch. 112, § 369; W.S. 1957, § 15.1-369; Laws 1980, ch. 38, § 1.

§ 15-6-426. Assessments; limitation of actions.

An action to collect any special assessment or installment for local improvements of any kind, or to enforce the lien of any such assessment or installment, whether brought by a city or town or by the holder of any certificate of delinquency, or by any other person having the right to bring the action, shall be commenced within ten (10) years after the assessment becomes delinquent, or within ten (10) years after the last installment becomes delinquent.

History. Laws 1965, ch. 112, § 370; W.S. 1957, § 15.1-370; Laws 1980, ch. 38, § 1.

Section applies to bondholders' right of action. —

This section fixes the time within which the right of action created by § 15-6-433 , relative to the remedy of local improvement bondholders, must be brought. Guernsey v. Casper, 67 Wyo. 473, 226 P.2d 523, 1951 Wyo. LEXIS 36 (Wyo. 1951) (decided under former similar provisions).

§ 15-6-427. Reassessments; when authorized or required; property included.

If any special assessment for local improvements is invalid in whole or in part for any reason, the governing body may reassess the assessments and enforce their collection in accordance with the provisions of law and ordinance existing at the time the reassessment is made. If for any reason the amount assessed is insufficient to pay the cost and expense of the improvement made and enjoyed by the owners of property in the assessment district, the governing body shall reassess all property in the assessment district to pay for the improvement. The assessment shall be made according to the provisions of law and ordinance existing at the time of its levy. Any city or town may assess or reassess all property which the governing body finds to be specially benefited to pay the whole or any portion of the cost and expense of any local improvement whether or not the property so assessed or reassessed abuts upon, is adjacent to, or proximate to the improvement, or was included in the original assessment district. The right to assess all property found to be specially benefited also applies to any supplemental assessment or reassessment which the city or town finds necessary to provide for any deficiency in any local improvement district fund caused by the invalidity of any portion of the original assessment in the improvement district, or if for any cause the amount originally assessed is insufficient to pay the cost of the improvement.
If any assessment or reassessment for any local improvement is declared void and its enforcement refused by any court, or for any cause is set aside, annulled or declared void by any court, either directly or by virtue of any decision of the court, the governing body shall assess or reassess the property which has been or will be benefited by the local improvement, based upon its actual cost at the time of its completion.

History. Laws 1965, ch. 112, § 371; W.S. 1957, § 15.1-371; Laws 1980, ch. 38, § 1.

City not bound by judgment where not party to action. —

City not party to action in which sewer assessments were declared invalid is not bound by the judgment and may enforce the assessments by a proceeding in court, or may make a reassessment within the time limited. Henning v. Casper, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 4 (Wyo.), reh'g denied, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 3 (Wyo. 1936).

Limitation of actions. —

In mandamus action by holders of special assessment bonds to compel mayor and city council to make reassessment to cover deficiency in original assessment, where a railroad had contested inclusion of its right-of-way, and controversy between railroad and city was not terminated until agreed settlement was perfected by dismissal of its appeal, when only then did it become determinable what the deficiency was, action thereafter was well within the limit within which reassessment must be made. Cowan v. State, 55 Wyo. 427, 100 P.2d 427, 1940 Wyo. LEXIS 15 (Wyo. 1940).

Mandamus action preserves bondholders' right until final judgment.—

In mandamus action by holders of special assessment bonds to compel mayor and city council to make reassessment to cover deficiency in original assessment, both the written demand and the filing of the suit having been well within the time limited by statute, the general rule is that such action preserves the right until final judgment. Cowan v. State, 55 Wyo. 427, 100 P.2d 427, 1940 Wyo. LEXIS 15 (Wyo. 1940).

§ 15-6-428. Reassessments; ordinance; roll; effect of contracts or irregularities; limitation; payment.

The governing body of any city or town shall proceed with any assessment authorized by W.S. 15-6-427 by ordinance so ordering and directing the preparation of an assessment roll. The roll may include any property specially benefited by the improvement, whether or not it was included in the original assessment district. When assessed the additional property becomes a part of the local improvement district, and all payments of assessments shall be paid into the local improvement fund to pay for the improvement.
The fact that the contract has been let or that the improvement has been made and computed in whole or in part does not prevent the making of the assessment. The omission, failure or neglect of an officer to comply with the provisions of law or ordinance of the city or town, as to any matter connected with the improvement and the first assessment thereof does not invalidate or in any other way affect the making of any assessment authorized by W.S. 15-6-427 . However, the assessment shall not exceed the actual cost and expense of the improvement, together with the accrued interest thereon, and the cost of the reassessment. It is the intent of this chapter to make the cost and expense of local improvements payable by the property specially benefited thereby, notwithstanding that the proceedings of the governing body, board of public works or other board, officers or authority of the city or town may be found irregular or defective, whether jurisdictional or otherwise. When the assessment is completed, all sums paid on the former attempted assessment shall be credited to the property for which they were paid.
If any property within the original local improvement district is not affected by any assessment authorized by W.S. 15-6-427 , it need not be entered upon the assessment roll.
After certification of the roll to the treasurer of the city or town for collection, the same time for payment of assessments, without the imposition of any penalties or interest, and the notice that the assessments are in the hands of the treasurer for collection, shall be given as in the case of an original assessment. After delinquency the penalty and interest shall be charged as on original assessment. If the original assessment was payable in installments, the new assessment, after delinquency, may be divided into equal installments and made payable as the governing body may prescribe in the ordinance ordering the new assessment.

History. Laws 1965, ch. 112, § 372; W.S. 1957, § 15.1-372; Laws 1980, ch. 38, § 1.

§ 15-6-429. Reassessments; assessment provisions applicable.

The provisions of original assessments relating to the filing of assessment rolls, the time, place, notice and conduct of hearing, the confirmation of the roll, the time when assessments become a lien upon the property assessed, the proceedings on appeal from any assessment, the method of collecting assessments and all proceedings for enforcing the lien shall be conducted in the same manner for assessment authorized by W.S. 15-6-427 .

History. Laws 1965, ch. 112, § 373; W.S. 1957, § 15.1-373; Laws 1980, ch. 38, § 1.

§ 15-6-430. Reassessments or supplemental assessments; time limitations; use of fund.

No city or town shall proceed with any reassessment or supplemental assessment unless the ordinance ordering it is passed by the governing body within:
1. Three (3) years from the time the original assessment for the improvement was held to be invalid, insufficient or for any cause set aside, in whole or in part, or held void or its enforcement denied directly or indirectly by the courts; or
2. In the case of supplemental assessments within three (3) years from the time it was determined that the total amount of the valid assessments levied and assessed on account of any improvement was insufficient to pay the whole or that portion of the cost and expense to be paid by special assessment.
If the amount collected by assessment is insufficient to pay the cost of the improvement, the governing body may authorize the payment of the deficit out of the permanent improvement fund.

History. Laws 1965, ch. 112, §§ 374, 375; W.S. 1957, §§ 15.1-374, 15.1-375; W.S. 1977, §§ 15-6-430 , 15-6-431 ; Laws 1980, ch. 38, § 1.

Provision construed as directory. —

This section must be considered in light of other provisions, showing legislative intention that bonds shall be payable only from the assessment against the improved property, as making it the duty of the city to carry out that intention, and should be construed as directory as to time of performance, if that is necessary to carry out the purpose of the statute. Cowan v. State, 55 Wyo. 427, 100 P.2d 427, 1940 Wyo. LEXIS 15 (Wyo. 1940) (decided under former law).

Limitation affected by prior contest. —

In mandamus action by holders of special assessment bonds to compel mayor and city council to make reassessment to cover deficiency in original assessment, where a railroad had contested inclusion of its right-of-way, and controversy between railroad and the city was not terminated until the agreed settlement was perfected by dismissal of its appeal, when only then did it become determinable what the deficiency was, action thereafter was well within the limit within which reassessment must be made. Cowan v. State, 55 Wyo. 427, 100 P.2d 427, 1940 Wyo. LEXIS 15 (Wyo. 1940).

Timely mandamus action preserves right. —

In mandamus action by holders of special assessment bonds to compel mayor and city council to make reassessment to cover deficiency in original assessment, both written demand and filing of suit having been well within the time limited by statute, the general rule is that such action preserves the right until final judgment. Cowan v. State, 55 Wyo. 427, 100 P.2d 427, 1940 Wyo. LEXIS 15 (Wyo. 1940).

Personal judgment against city where assessment held invalid.—

Where the holder of local improvement bonds brought suit against abutting property owners to enforce special assessments, and called upon the city to become a party to that action, which was refused, assessments being held invalid, he was not obliged to bring mandamus to compel the city officials to reassess, but was entitled to personal judgment against city for sum due on the bonds. Henning v. Casper, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 4 (Wyo.), reh'g denied, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 3 (Wyo. 1936).

City not bound by judgment of invalidity of assessment. —

City not being a party to action in which assessments were declared invalid is not bound by the judgment, and it may enforce assessments by a proceeding in court, or may make reassessments within the time limited. Henning v. Casper, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 4 (Wyo.), reh'g denied, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 3 (Wyo. 1936).

§ 15-6-431. Bonds; authorization; general requirements; signatures; limitation on amount.

The governing body of any city or town may provide by ordinance for the issuance of bonds for the payment of the whole or any portion of the cost and expense of any local improvements as provided in this chapter.
The bonds authorized in subsection (a) of this section:
1. May be issued to the contractor, or be issued and sold as otherwise provided;
2. Shall be issued only pursuant to ordinance;
3. By their terms shall be made payable on or before a date not more than fifteen (15) years from the date of issuance;
4. Shall bear interest as provided in the ordinance payable annually or semiannually at a rate not to exceed twelve percent (12%);
5. Shall be in the denominations provided in the ordinance and be numbered in each series consecutively from one (1) upwards;
6. May be refunded under W.S. 16-5-101 through 16-5-119 ;
7. May be payable in any place within or without the state including the office of the state treasurer.
Each bond shall:
1. Have interest coupons attached for each payment;
2. Have the seal of the city or town affixed to it and refer to the improvement for which issued and the ordinance ordering its issuance;
3. Provide that the principal and interest is payable out of the local improvement fund created for the payment of the cost and expense of the improvement and not otherwise.
Each bond and coupon shall be signed by the mayor, countersigned by the treasurer and attested by the clerk or comptroller. Printed facsimile signatures of those officers may be used on the coupons.
No bonds may be issued in any amount in excess of the cost and expense of the improvement.

History. Laws 1965, ch. 112, § 376; W.S. 1957, § 15.1-376; 1971, ch. 254, § 4; W.S. 1977, § 15-6-432 ; Laws 1980, ch. 38, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1; 1983, ch. 168, § 1.

Cross references. —

As to funding and refunding of bonds generally, see §§ 15-8-101 to 15-8-106 .

As to interest rates generally, see § 40-14-106(e).

Limit on amount. —

Assessments are limited to costs and expenses of the improvement, and bonds are apparently authorized to be issued in the same amount, though not greater, and the city is not liable for deficiency subsequently arising. Richardson v. Casper, 48 Wyo. 219, 45 P.2d 1, 1935 Wyo. LEXIS 33 (Wyo. 1935).

City not liable for failure to collect assessments. —

City is not liable in tort for its failure to make any effort to collect special assessments levied to pay special improvement bonds, as law gives the bondholder the right to collect such assessments. Richardson v. Casper, 48 Wyo. 219, 45 P.2d 1, 1935 Wyo. LEXIS 33 (Wyo. 1935).

In tort action against city for failure to perform its alleged duties in collecting and applying special assessments to the payment of special improvement bonds, city was not liable as bonds contained statutory limitation of liability and gave holders the right to enforce the assessments, no duty being imposed upon the city to collect and apply the special assessments. Richardson v. Casper, 48 Wyo. 219, 45 P.2d 1, 1935 Wyo. LEXIS 33 (Wyo. 1935).

If city and its officials fulfill their duty in connection with special assessments, nothing further can be expected of them; the contract between the parties, or the statute limiting liability, must then govern, and city is relieved from any liability even though there be a deficiency in the amount collectible. Henning v. Casper, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 4 (Wyo.), reh'g denied, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 3 (Wyo. 1936).

Municipality liable for refusal to make assessments. —

When a municipality has power to make local improvements and pay therefor out of its general fund or by assessments against abutting property, and takes the latter course, but neglects or refuses unreasonably to make valid assessments, by reason of which certificates or bonds issued in payment are rendered valueless, municipality must respond in damages, even though it is agreed between the parties that they shall be paid out of the assessments. Henning v. Casper, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 4 (Wyo.), reh'g denied, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 3 (Wyo. 1936).

Judgment against city where assessments held invalid. —

Where holder of local improvement bonds brought suit against abutting property owners to enforce special assessments and called upon the city to become party to that action, which was refused, and where assessments were held invalid, he was not obliged to bring mandamus to compel city officials to reassess, but entitled to personal judgment against city for the sum due on the bonds. Henning v. Casper, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 4 (Wyo.), reh'g denied, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 3 (Wyo. 1936).

§ 15-6-432. Bonds; cost assessment; payments; interest.

If any city or town issues bonds to pay the cost and expense of any local improvement, the cost and expense shall be assessed against the lots, tracts and parcels of land and other property liable. The ordinance levying the assessment shall provide that the sum charged against each may be paid during the thirty (30) day period as provided in W.S. 15-6-439 , unless the legal owners of record of all property assessed in the district waive that thirty (30) day period. The ordinance levying the assessment shall specify whether the sum remaining unpaid is payable in equal annual or semiannual installments for a period of years equal to that which the bonds issued to pay for the improvement run, with interest upon the whole unpaid sum at a rate fixed by ordinance, or in equal level annual or semiannual installments of principal and interest thereon at a rate fixed by ordinance for a period of years equal to that period for which the bonds to pay for the improvements were issued.

History. Laws 1965, ch. 112, § 377; W.S. 1957, § 15.1-377; W.S. 1977, § 15-6-433 ; Laws 1980, ch. 38, § 1; ch. 48, § 1; 1981, ch. 154, § 1; 1983, ch. 168, § 1.

§ 15-6-433. Bonds; action for nonpayment.

If the city or town fails, neglects or refuses to pay the bonds or to promptly collect any assessment when due, the owner of any bonds may proceed in his own name to collect the assessments and foreclose the lien in any court of competent jurisdiction. The bondholder shall recover five percent (5%) in addition to the amount and interest thereon, together with the cost of the suit. Any number of holders of the bonds for any single improvement may join as plaintiffs, and any number of owners of property encumbered by the lien may be joined as defendants in the suit.

History. Laws 1965, ch. 112, § 378; W.S. 1957, § 15.1-378; W.S. 1977, § 15-6-434 ; Laws 1980, ch. 38, § 1; 2004, ch. 130, § 1.

The 2004 amendment substituted “property encumbered by the lien” for “the property on which they are a lien.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Conflicting legislation. —

Action need not be class action. —

This section does not require that an action brought under it must be a class action, that is to say, an action for the benefit of all unpaid bonds, nor does it state that an action brought by anyone who has the right to foreclose must be brought primarily for the benefit of the holder of the earlier numbered bonds. Guernsey v. Casper, 67 Wyo. 473, 226 P.2d 523, 1951 Wyo. LEXIS 36 (Wyo. 1951).

City not liable for failure to collect assessments. —

City may by general ordinance provide for the enforcement of assessments and a sale of the property subject thereto, but it is not obligatory upon it to do so, nor is it obligatory upon the city to collect the assessments, and if it fails, neglects, or refuses to pay the bonds or promptly to collect any assessments when due, owner of the bonds may do so. Richardson v. Casper, 48 Wyo. 219, 45 P.2d 1, 1935 Wyo. LEXIS 33 (Wyo. 1935).

In tort action against city for failure to perform its alleged duties in collecting and applying special assessments to the payment of special improvement bonds, city was not liable as the bonds contained the statutory limitation of liability, and also gave the holders the right to enforce the assessments, no duty being imposed upon city to collect and apply the special assessments. Richardson v. Casper, 48 Wyo. 219, 45 P.2d 1, 1935 Wyo. LEXIS 33 (Wyo. 1935).

Time limitation. —

The right of action created by this section must be brought within the time fixed by § 15-6-426 .Guernsey v. Casper, 67 Wyo. 473, 226 P.2d 523, 1951 Wyo. LEXIS 36 (Wyo. 1951).

Effect of ordering city to accept bonds and cancel assessments.—

Where owner of local improvement bonds had brought action to enforce payment of bonds and city, pursuant to court order, accepted bonds and cancelled assessments, an owner of similar bonds carrying lower numbers could not recover payment of latter bonds from city on basis that city became liable when it had accepted bonds of higher numbers and cancelled assessments, where no money was actually collected by the city. Guernsey v. Casper, 67 Wyo. 473, 226 P.2d 523, 1951 Wyo. LEXIS 36 (Wyo. 1951).

§ 15-6-434. Bonds; remedy for nonpayment.

No holder or owner of any bond issued under this chapter has any claim against the city or town, except from the special assessment made for the improvement for which the bond was issued, or from the local improvement fund of the city or town. His remedy in case of nonpayment is limited to the enforcement of the assessments, or for payment out of the local improvement fund. A copy of this section shall be plainly written, printed or engraved on each bond issued.

History. Laws 1965, ch. 112, § 379; W.S. 1957, § 15.1-379; W.S. 1977, § 15-6-435 ; Laws 1980, ch. 38, § 1.

Constitutionality. —

See notes to § 15-6-437 .

Municipality is not compelled to enforce special assessments for the payment of local improvement bonds under this section and § 15-6-433 . It follows that it is not compelled to intervene in any action in order to do so. Guernsey v. Casper, 67 Wyo. 473, 226 P.2d 523, 1951 Wyo. LEXIS 36 (Wyo. 1951).

Nor liable in tort for failure to enforce assessments. —

City is not liable in tort for its failure to make any effort to collect special assessments levied to pay special improvement bonds, as statute gives bondholder the right to collect such assessments. Richardson v. Casper, 48 Wyo. 219, 45 P.2d 1, 1935 Wyo. LEXIS 33 (Wyo. 1935).

In tort action against city for failure to perform its alleged duties in collecting and applying special assessments to the payment of special improvement bonds, city was not liable as the bonds contained the statutory limitation of liability, and also gave the holders the right to enforce the assessments, no duty being imposed upon city to collect and apply the special assessments. Richardson v. Casper, 48 Wyo. 219, 45 P.2d 1, 1935 Wyo. LEXIS 33 (Wyo. 1935).

But liable for failure to make assessments. —

When municipality has power to make local improvements and pay therefor out of its general fund or by assessments against abutting property, and takes the latter course, but neglects or refuses unreasonably to make valid assessments by reason of which certificates or bonds issued in payment are rendered valueless, municipality must respond in damages, even though it is agreed between the parties that they shall be paid out of assessments. Henning v. Casper, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 4 (Wyo.), reh'g denied, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 3 (Wyo. 1936).

And liable on bonds if assessments are invalid. —

Where holder of local improvement bonds brought suit against abutting property owners to enforce special assessments, and called upon the city to become a party to that action, which was refused, the assessments being invalid, he was not obliged to bring mandamus to compel city officials to reassess, but was entitled to personal judgment against city for the sum due on the bonds. Henning v. Casper, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 4 (Wyo.), reh'g denied, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 3 (Wyo. 1936).

Payment from local improvement fund mandatory only if fundcreated. —

Although this section is mandatory in terms, giving the impression that it is necessary to create a local improvement fund, insertion in bonds of the clause relating to payment out of such fund is mandatory only in cases in which the revolving fund has in fact been created, since by § 15-6-437 creation of the fund is made permissive. Abel v. Gillette, 72 Wyo. 366, 265 P.2d 376, 1954 Wyo. LEXIS 2 (Wyo. 1954).

§ 15-6-435. Bonds; payment of principal and interest; redemption call.

The city or town treasurer shall pay the principal and interest on bonds issued out of the respective local improvement funds from which they are payable. If there is sufficient money in any local improvement fund over the amount required for the payment of maturing principal and interest to pay the principal of one (1) or more bonds, which are subject to redemption on the next interest payment date, the treasurer shall call in and pay those bonds in numerical order. Notice of the call shall be made by publication in a newspaper of general circulation within the city or town, or by mail to the holder, if known, not less than fifteen (15) days prior to the date of call and shall state that bonds no. . . . . . (giving the serial number or numbers of the bonds called) will be paid on the call day, and interest on those bonds shall cease upon that date.

History. Laws 1965, ch. 112, § 380; W.S. 1957, § 15.1-380; W.S. 1977, § 15-6-436 ; Laws 1980, ch. 38, § 1, ch. 48, § 1.

When bonds must be paid in numerical order. —

This section requires the payment of bonds in numerical order when called by reason of proper funds on hand in the treasury of the city. It makes no provision for any other case. Guernsey v. Casper, 67 Wyo. 473, 226 P.2d 523, 1951 Wyo. LEXIS 36 (Wyo. 1951).

§ 15-6-436. Bonds; indebtedness.

The indebtedness created by the issuance of any warrants or bonds provided in this chapter is not within the limitation of indebtedness of any city or town.

History. Laws 1965, ch. 112, § 381; W.S. 1957, § 15.1-381; W.S. 1977, § 15-6-437 ; Laws 1980, ch. 38, § 1.

§ 15-6-437. Bonds; revolving fund authorized; source of monies; limitation.

If the governing body determines that improvements constructed in any local improvement district confer general benefits on the city or town, it may create concurrently a fund to be known as the revolving local improvement fund. In payment for those benefits and to meet the financial requirements of the revolving fund, the city or town shall advance annually to the credit of the fund from the proceeds of city or state gasoline or state cigarette license taxes collected or received by it, a sum of not less than two percent (2%) of the total amount of the bonds issued for the local improvement district for a period of ten (10) years or for the length of time necessary to pay all bonds issued, whichever is the shorter. The fund shall not exceed twenty percent (20%) of the outstanding bond obligations of the district.

History. Laws 1965, ch. 112, § 382; W.S. 1957, § 15.1-382; W.S. 1977, 15-6-438 ; Laws 1980, ch. 38, § 1.

Constitutionality generally. —

This section and §§ 15-6-434 and 15-6-438 do not violate art. 1, § 6, Wyo. Const., providing that no person shall be deprived of life, liberty or property without due process of law. Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

This section and §§ 15-6-434 and 15-6-438 do not violate art. 1, § 33, Wyo. Const., providing for just compensation for property taken. Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

Under this section and §§ 15-6-434 and 15-6-438 plaintiff taxpayer is not deprived of any property but on the contrary he has been given property by reason of the fact that he is relieved of a burden which might have been imposed upon him and the public at large, but which instead is imposed upon certain property which is specially assessed. These sections do not violate art. 1, §§ 6, 32 and 33, Wyo. Const.Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

This section and §§ 15-6-434 and 15-6-438 do not violate art. 1, § 32, Wyo. Const., limiting right of eminent domain. Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

Use of taxes constitutional. —

This section and §§ 15-6-434 and 15-6-438 do not violate the constitutional amendment of 1954, which added art. 15, § 16, Wyo. Const., prohibiting moneys derived from state excise or license taxes on vehicles or fuels from being expended for other than cost of administering such laws, highway and street costs, construction, maintenance, etc. Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

Contention that storm sewers could not be constructed in cities from moneys supplied by gasoline taxes through revolving local improvement fund because of constitutional amendment, art. 15, § 16, Wyo. Const., prohibiting moneys derived from excise taxes on vehicles or fuel from being used for other than “cost for construction, reconstruction, maintenance and repair of … streets …,” etc., was overruled, since storm sewers are an incidental part of improving streets. Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

Constitutional debt provisions not violated. —

This section and §§ 15-6-434 and 15-6-438 do not violate art. 16, § 4, Wyo. Const., providing that no debt in excess of taxes for the current year shall be created by any county or city unless that proposition shall have been submitted to a vote of, and approved by, the people thereof. Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

This section and §§ 15-6-434 and 15-6-438 do not violate art. 16, § 5, Wyo. Const., providing that no city shall create any indebtedness exceeding 2% on assessed value of taxable property therein as shown by last preceding general assessment. Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

Fund is a guaranty fund for the payment of bonds, issued in connection with local improvements and not a general obligation of the city, and is taken out of the cigarette tax and gasoline tax which comes into the general fund of the city. Diverting these taxes to guarantee payment of bonds does not create indebtedness against city in violation of art. 16, §§ 4 and 5, Wyo. Const.Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

Fund is not a loan in the ordinary sense but is merely a small contribution to a liability which is shifted from the public onto the shoulders of particular persons and does not violate art. 16, § 6, Wyo. Const.Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

This section and §§ 15-6-434 and 15-6-438 do not violate art. 16, § 6, Wyo. Const., providing that the state, a county or city, shall not loan or give its credit to any individual, association or corporation. Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

The fund is for a public purpose. Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

Section conferred a new power upon cities and towns; it was intended to repair to some extent the unsavory reputation which local improvement bonds had attained in Wyoming, so the supreme court should construe the legislation liberally in that light. Abel v. Gillette, 72 Wyo. 366, 265 P.2d 376, 1954 Wyo. LEXIS 2 (Wyo. 1954).

Where section was not yet effective, town lacked power to create revolving fund since it could not act in anticipation of a power it would later possess. Bonds issued or to be issued in connection with the local improvement district would be invalid insofar as purporting to be payable out of such a fund. But bonds were valid insofar as they referred to and were payable from special assessments from the district. Abel v. Gillette, 72 Wyo. 366, 265 P.2d 376, 1954 Wyo. LEXIS 2 (Wyo. 1954).

City or town council is not compelled to create such a fund as is provided by section. Creation is permissive only. Abel v. Gillette, 72 Wyo. 366, 265 P.2d 376, 1954 Wyo. LEXIS 2 (Wyo. 1954).

Time for creation of revolving fund not intended to be of essence.—

Creation of the fund need not necessarily be concurrent with establishment of the local improvement district but may be subsequent. Abel v. Gillette, 72 Wyo. 366, 265 P.2d 376, 1954 Wyo. LEXIS 2 (Wyo. 1954).

Fund may be created from any or all of taxes mentioned. —

Section provides that the fund should be created out of city or state gasoline or state cigarette license taxes and is in the disjunctive. City may create fund out of any one of three taxes, or out of all of them, in its discretion and need not designate specifically from which it intends to create fund. Important point of section is creation of revolving fund, not specific tax out of three mentioned. Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

And may equal 20% of original amount of bonds. —

Under this section and § 15-6-438 it is contemplated that 20% of original amount of bonds issued may be paid into revolving fund and procedure of city in so doing, with privilege of withdrawal, does not violate spirit of these sections even though balance in fund may exceed 20% of amount of bonds outstanding at a given time. Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

No withdrawals until bonds are paid. —

This section and § 15-6-438 do not seem to contemplate any withdrawals of amounts once paid into the revolving fund until all the bonds are paid. Banner v. Laramie, 74 Wyo. 429, 289 P.2d 922, 1955 Wyo. LEXIS 46 (Wyo. 1955).

Law reviews. —

For a note, “Municipal Assistance to an Improvement District,” see 11 Wyo. L.J. 180 (1957).

§ 15-6-438. Bonds; transfer to and between funds.

The city or town shall withdraw annually from the revolving fund and deposit in the local improvement district fund sufficient money to meet the difference between the principal amount of assessments due that year and the amount of assessments actually collected that year. Delinquent assessments shall remain liens upon the property assessed, and if they are enforced or foreclosed, the proceeds of the sales or other payments discharging the delinquencies shall revert to the revolving fund in repayment of the amounts advanced. If there is money in the local improvement fund which is not required for the payment of any bond or interest of the local improvement fund, and after all bonds and interest have been fully paid, the money remaining in the local improvement fund, by order of the governing body, shall be transferred to the revolving fund for disposition as the governing body may determine.

History. Laws 1965, ch. 112, § 383; W.S. 1957, § 15.1-383; W.S. 1977, § 15-6-439 ; Laws 1980, ch. 38, § 1.

Constitutionality and construction of section. —

See notes to § 15-6-437 .

§ 15-6-439. Payment of assessments; redemption from liability; notice; bonds; use of sums.

The owner of any lot, tract or parcel of land or other property charged with any assessments may redeem it from all or any portion of the liability for the contract price of the improvement by paying the entire assessment or any portion thereof charged against the lot or parcel of land, without interest, within thirty (30) days after notice to him of the assessment unless the legal owners of record of all of the property assessed in the district have waived this thirty (30) day period. Unless the legal owners of record of all property assessed in the district waive the thirty (30) day cash payment period, the city or town treasurer, as soon as the assessment roll has been placed in his hands for collection, shall publish the notice in a newspaper of general circulation within the city or town. The notice shall be published once a week for two (2) consecutive weeks and shall specify that the roll is in his hands for collection and that any assessment thereon or any portion of any assessment may be paid at any time within thirty (30) days from the date of the first publication of the notice without penalty, interest or costs. Bonds may be issued prior to the expiration of the thirty (30) day period but only if the legal owners of all of the property assessed in the district have waived the thirty (30) day cash payment period, and bonds may be issued at any time after the expiration of the thirty (30) day period. The governing body may provide that the owner of any lot or parcel of land may redeem it from all liability for the unpaid amount of the assessment at any time after the thirty (30) days, if applicable, by paying all the installments of the assessment remaining unpaid, with interest thereon to the date of the maturity of the installment next falling due. If any sum is paid as provided in this section, it shall be paid to the city treasurer, or to the officer whose duty it is to collect the assessments, and all sums so paid shall be applied solely to the payment of the cost and expense of the improvements or to the redemption of the bonds issued.

History. Laws 1965, ch. 112, § 384; W.S. 1957, § 15.1-384; W.S. 1977, § 15-6-440 ; Laws 1980, ch. 38, § 1; 1981, ch. 154, § 1.

§ 15-6-440. Payment of assessments; installment collection.

Unless the assessment against any parcel is paid within thirty (30) days after the notice, or the thirty (30) day period has been waived by the legal owners of record of all of the property assessed in the district, the assessment shall be collected in installments as provided in W.S. 15-6-409 and 15-6-432 . Each installment is delinquent unless paid when due.

History. Laws 1965, ch. 112, § 385; W.S. 1957, § 15.1-385; W.S. 1977, § 15-6-441 ; Laws 1980, ch. 38, § 1; 1981, ch. 154, § 2.

§ 15-6-441. Assessments and contracts; when valid and enforceable.

If the governing body has made any contract for any local improvement or makes any assessment against property within any local improvement district and has in making the contract or assessment acted in good faith and without fraud, the contract and assessment is valid and enforceable, and the assessment is a lien upon the property involved.
No objection to the validity of the contract or assessment may be made on the ground that:
1. The contract for the improvement was not awarded in the manner or at the time required by law;
2. The assessment was made by an unauthorized officer or person, if it has been confirmed by the governing body;
3. The contract or assessment is based upon a front foot basis or upon a basis of benefits to the property within the district, unless it appears that the city or town authorities acted fraudulently or oppressively in making the assessment.
All assessments made by the city or town authorities in good faith are valid, in full force and effect and collectible in the manner provided by law for the collection of assessments.

History. Laws 1965, ch. 112, § 386; W.S. 1957, § 15.1-386; W.S. 1977, § 15-6-442 ; Laws 1980, ch. 38, § 1.

§ 15-6-442. Right of paying joint owner to contribution; lien created.

If any local assessment or installment thereof is paid, or any certificate of sale redeemed, or any judgment paid by any joint owner of any property assessed for any local improvement, the joint owner, after demand and refusal, by an action brought in the district court, may recover from each of his coowners the amounts of the payment which each coowner should bear, with interest thereon at ten percent (10%) per year from the date of the payments, and the costs of the action. The joint owner making payment has a lien upon the undivided interest of his coowners in the property from date of payment.

History. Laws 1965, ch. 112, § 387; W.S. 1957, § 15.1-387; W.S. 1977, § 15-6-443 ; Laws 1980, ch. 38, § 1.

§ 15-6-443. When paid assessment recoverable.

If any person through error or inadvertence pays any local assessment, or installment thereof, upon the lands of another, the payor, after demand and refusal, by an action in the district court, may recover from the owner of the lands the amount paid and costs of the action.

History. Laws 1965, ch. 112, § 388; W.S. 1957, § 15.1-388; W.S. 1977, § 15-6-444 ; Laws 1980, ch. 38, § 1.

§ 15-6-444. Correction of mistakes; payment of contractor.

The governing body, by any subsequent proceedings, shall correct any mistakes, errors or irregularities in any of the proceedings mentioned in this chapter.
After any local improvements have been commenced, the city or town engineer shall prepare an estimate of the work done each month. The governing body shall order the recorder to draw a negotiable warrant in favor of the contractor upon the special assessment fund for an amount equal to ninety percent (90%) of the monthly estimate. The remaining ten percent (10%) shall be paid to the contractor upon completion and acceptance of the work. The warrants, payable only out of the special assessment fund, shall bear interest at the rate allowed on public warrants pursuant to W.S. 9-4-106 .

History. Laws 1965, ch. 112, § 389; W.S. 1957, § 15.1-389; W.S. 1977, § 15-6-445 ; Laws 1980, ch. 38, § 1; 1989, ch. 37, § 1.

§ 15-6-445. Governing body; hearing continuance; jurisdiction retained.

The governing body may continue the hearing upon any petition, resolution or remonstrance provided for in this chapter and shall retain jurisdiction until it is fully disposed of.
The governing body does not lose jurisdiction over the making of any improvements, the making of any assessment or the issuance of any bonds or any other matter provided for in this chapter by reason of any adjournment, delay, error or irregularity on the part of any member or any city or town officer.

History. Laws 1965, ch. 112, § 390; W.S. 1957, § 15.1-390; W.S. 1977, § 15-6-446 ; Laws 1980, ch. 38, § 1.

§ 15-6-446. Extra work; performance; cost; payment.

Extra work in connection with any local improvements not particularly provided for in the plans, specifications, estimates, bids and contracts shall be performed by the contractor at the direction of the city engineer at a cost of labor and materials plus fifteen percent (15%) for superintendence. The amount shall be included in the assessment for the improvement or be paid out of the general or road funds of the city or town in the discretion of the governing body.

History. Laws 1965, ch. 112, § 391; W.S. 1957, § 15.1-391; W.S. 1977, § 15-6-447 ; Laws 1980, ch. 38, § 1.

§ 15-6-447. Property description; proportional payment; notice to purchasers.

It is sufficient in any case to describe the lot or piece of ground as it is platted or recorded, or described in any official record, although it belongs to several persons. The owner of any part may pay his proportion of the tax as determined by the city treasurer. Any purchaser, assignee or transferee of any property subject to assessment in any improvement district, after the publication of the notice of intention to create the improvement district, is held to notice thereof and of all proceedings with reference thereto the same as owners of the property at the time of the notice or proceedings.

History. Laws 1965, ch. 112, § 392; W.S. 1957, § 15.1-392; W.S. 1977, § 15-6-448 ; Laws 1980, ch. 38, § 1.

§ 15-6-448. Work on railways and streets along railways.

All railway and street railway companies shall make or reconstruct all or those portions of all paving, graveling or macadamizing between the rails of their tracks and one (1) foot outside thereof at their own expense as the city or town may require. The improvement or the reconstruction shall be of the material and character ordered by the city or town and shall be done at the same time that the rest of the improvement is made or reconstructed. No work on the improvement along the railway or street railway may be permitted to delay or interfere with the work of the general improvement of the street, and no use may be made of that portion of the railway or street railway, without the written permission of the city engineer, during the progress of the work or until the improvement is safe for use and open for traffic by the city engineer.
When the improvement is being constructed or reconstructed the companies shall lay, in the best approved manner, such rails as the governing body may require. The companies shall keep and maintain the paving, graveling and macadamizing between their rails and one (1) foot outside thereof and the rails up to the surface grade of the improved street, according to the plans and survey of the city therefor and all in good repair, using the same material as is used for the original improvement or such other material as the governing body may order. When the improvement of any street is being constructed or reconstructed the companies shall raise or lower their tracks and rails to conform to the grade established by the city or town for the improvement. If any railway or street railway company fails or refuses to comply with an order, resolution or ordinance of the governing body to make, reconstruct, maintain or repair an improvement, the work may be done by the city and the cost and expense thereof shall be assessed against the company and upon its real estate and personal property within the corporate limits of the city or town and the franchise granted to the company in the manner provided for the assessment of the cost against other property. The assessment may be collected in the manner provided for other assessments or in a direct proceeding in the district court. If the cost of any part of the improvement of any street is charged against any railway or street railway company or its property, plans and specifications for that part of the improvement shall be included in the plans and specifications filed by the city engineer for the improvement of the other portions of the street. The bids therefor shall be called for by the city or town in connection with the bids for the remainder of the improvement and received showing the cost per square yard separately from the cost per square yard of the other portions of the improvement. If done by the city or town, the cost shall be determined separately from the cost of the other portions of the improvement. At any time after the advertisement for bids for graveling, macadamizing or paving of any street or streets occupied by any railway or street railway, they shall file with the governing body a statement indicating whether they refuse to construct or reconstruct the improvement or whether they desire the city or town to do the improving and charge the cost against the company. The instrument shall be filed not more than three (3) days after the opening of the bids for the work, and if the instrument is not filed within that time, it is deemed a refusal to do the improving themselves and a request for the city or town to construct it and assess the cost to the company. Special improvement warrants or bonds may be issued for the construction or reconstruction or maintenance of an improvement, the cost of which is assessed to the company.
If any tracks or rails of any railway or street railway are laid or relaid upon any street or streets improved by paving, graveling or macadamizing, the company shall do the work under the supervision of the city engineer and in such a manner as to injure the improvement as little as possible and shall reconstruct those portions removed or injured by them so that the street is left in as good a condition as it was prior to commencing the laying or relaying of tracks or rails.
Railway or street railway companies as used in this section include the owner or owners of any railway or street railway whether persons or corporations.

History. Laws 1965, ch. 112, § 393; W.S. 1957, § 15.1-393; W.S. 1977, § 15-6-449; Laws 1980, ch. 38, § 1.

Article 5. Sidewalks

Am. Jur. 2d, ALR and C.J.S. references. —

Governmental tort liability for injury to roller skater allegedly caused by sidewalk or street defects, 58 ALR4th 1197.

§ 15-6-501. Contracts for construction.

Any first class city or any town having a population of four thousand (4,000) or more may provide by ordinance for letting to the lowest responsible bidder for any period not exceeding one (1) year, as prescribed by the ordinance, a contract for the construction, in accordance with specifications prepared by the city engineer and approved by the governing body, of all cement or concrete sidewalks which the governing body may order constructed during the term of the contract. The proposed ordinance shall be published at least two (2) times in a newspaper of general circulation within the city or town, and written notice thereof shall be served in the manner provided by Wyoming Rules of Civil Procedure upon the owner or owners of property abutting the sidewalks which have then been ordered and which are then proposed to be ordered to be constructed. The first publication of the ordinance shall be made and written notices served not less than thirty (30) days before the date for hearing objections. Any owner of any lot or parcel of land or property to be assessed for the cost of construction of the sidewalks then ordered or proposed to be ordered to be constructed may appear in person or by counsel at the hearing and show cause, if any, why the sidewalks should not be constructed. If objections are made to the construction of the sidewalks by the owners or agents representing more than one-half (1/2) of the total number of lineal feet frontage of all property which would be assessed to defray the cost of the sidewalks, the sidewalks shall not be constructed. The contractor shall give bond for the performance of his contract as required by the ordinance. The ordinance shall provide that upon ordering the construction of any such sidewalk the city engineer or the street commissioner shall immediately give written notice thereof, served personally on the owner or owners, or agents of the abutting property, or by publication once a week for a period of four (4) weeks in a newspaper of general circulation within the city or town, fully describing the termini, course, width and character of the walk ordered. The notice shall provide for a period of thirty (30) days during which parties so desiring may construct the walk abutting their property, and that all the walks so ordered remaining unbuilt at the expiration of the thirty (30) days from the date of service, or of the first publication, shall be constructed by the contractor. The ordinance shall also provide that at the expiration of the thirty (30) days the city engineer or the street commissioner shall notify the contractor to build the portions of the sidewalk ordered that have not been built. The contractor shall construct the sidewalk in accordance with the ordinance and his contract within sixty (60) days after he is so notified.

History. Laws 1965, ch. 112, § 394; W.S. 1957, § 15.1-394; Laws 1973, ch. 118, § 1; 1980, ch. 38, § 1.

Cross references. —

As to construction and maintenance of sidewalks and curbs by cities operating under city manager form of government, see § 15-4-306(a) and (b).

For provision that grade and width of parking shall be established prior to order for new sidewalk or curb, in connection with cities operating under the city manager form of government, see § 15-4-306(c).

For the Wyoming Rules of Civil Procedure, see Wyoming Court Rules Annotated .

Law reviews. —

For comment, “Competitive Bidding on Public Works in Wyoming: Determination of Responsibility and Preference,” see XI Land & Water L. Rev. 243 (1976).

Am. Jur. 2d, ALR and C.J.S. references. —

Degree of inequality in sidewalk which makes question for jury or for court as to municipality's liability, 37 ALR2d 1187.

Municipal liability for injury or death from collision with rope or clothesline across sidewalk or street, 75 ALR2d 565.

§ 15-6-502. Assessment; costs included; property affected.

The total cost of all sidewalks constructed by the city contractor under this article, which includes that of the sidewalk proper as well as that of any notice, curbing, grading, handrailing, private crossing and all other necessary expenses, shall be assessed by the governing body by motion, resolution or ordinance as a special assessment against the property in front of which the sidewalk is built. The property occupying street corners shall be assessed for that part of the sidewalk thereon which is within the street intersection.

History. Laws 1965, ch. 112, § 395; W.S. 1957, § 15.1-395; Laws 1980, ch. 38, § 1.

§ 15-6-503. Assessment; when payable; warrants; collection; interest; treasurer's duties.

All costs and expenses of building any sidewalk under this article shall be defrayed by special assessment payable in installments and extending over a period of four (4) years. The governing body may issue special improvement warrants for the installments and levy assessments to pay them. The assessments shall be collected as other city taxes.
Special improvement warrants shall bear interest at the rate allowed on public warrants pursuant to W.S. 9-4-106 .
The city treasurer shall receive payment in full and give receipts for the entire special assessment of this character on any property with interest to the date of payment when tendered by the owner or agent. Upon receipt of any entire payment the city treasurer shall give notice thereof in writing to the proper tax authorities.

History. Laws 1965, ch. 112, §§ 396, 397; W.S. 1957, §§ 15.1-396, 15.1-397; W.S. 1977, §§ 15-6-503 , 15-6-504 ; Laws 1980, ch. 38, § 1; 1989, ch. 37, § 1.

Cross references. —

As to interest rates generally, see § 40-14-106(e).

§ 15-6-504. Other provisions applicable.

Any city or town authorized by this article may proceed in the matter of sidewalk construction either under this article or under the provisions of law already in force in regard to sidewalk construction, or partly under the provisions of this article and partly under the older provisions of law. It is the intention of this article to supplement but not to supersede or otherwise affect other provisions of law with regard to powers of first class cities in relation to sidewalks.

History. Laws 1965, ch. 112, § 398; W.S. 1957, § 15.1-398; W.S. 1977, § 15-6-505; Laws 1980, ch. 38, § 1.

Article 6. Lighting Districts

§ 15-6-601. Authorization; installation and maintenance costs.

The governing body of any city or town having a population of more than eight thousand (8,000) may create lighting districts in the business portions thereof embracing any street or avenue or portion thereof and abutting property and require the cost of installing the system to be paid by the owners of the property abutting upon a street or avenue within the district, including any street or other railway therein, and assess and collect the cost of the installation by special assessment against that property. The cost of maintenance of the lighting system shall be paid by the city or town at large.

History. Laws 1965, ch. 112, § 399; W.S. 1957, § 15.1-399; Laws 1980, ch. 38, § 1.

Quoted in

Mealey v. City of Laramie, 472 P.2d 787, 1970 Wyo. LEXIS 183 (Wyo. 1970).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of municipal corporation for injury or death occurring from defects in, or negligence in construction, operation, or maintenance of its electric street-lighting equipment, apparatus, and the like, 19 ALR2d 344.

§ 15-6-602. Assessments; proportion; limitation.

The entire cost of erecting and maintaining the posts shall be borne by the owners of property which abuts upon a street or avenue within the district. Each parcel of land so abutting shall be assessed in the proportion which the street frontage of the parcel bears to the street frontage of the entire district.
The owner of any street or other railway upon a street or avenue within the district shall be assessed for not more than one-sixth (1/6) of the entire cost and expense of the installation as the governing body determines.

History. Laws 1965, ch. 112, § 400; W.S. 1957, § 15.1-400; Laws 1980, ch. 38, § 1.

§ 15-6-603. Creation; contents of resolution; notice; hearing; installation and maintenance of posts.

If the governing body desires to create a special lighting district, it shall propose a resolution designating the number of the district and describing its boundaries. The resolution shall state the:
1. Character and number of posts to be erected;
2. Character of the lights to be maintained;
3. Estimate of the cost of posts and erection;
4. Proportion of the cost to be assessed against abutting property, including a street or other railway; and
5. Time the governing body will hear objections to the final adoption of the resolution.
The proposed resolution shall be published at least five (5) times in a daily newspaper of general circulation within the city or town, or in a weekly newspaper in four (4) issues, and written notice thereof shall be served upon the owner or owners, or agents of the abutting property. The first publication of the resolution shall be made and the written notices served not less than thirty (30) days before the date set for hearing objections.
Any owner or agent of any lot or parcel of land or property to be assessed within the district may appear in person or by counsel at the hearing and show cause, if any, why the district should not be created and lights installed and maintained as provided in this article. If objections are made to the creation of the district by owners or agents representing more than one-half (1/2) of the total number of lineal feet frontage of all the property which would be assessed to defray the cost of the installation, the district shall not be created. Not less than six (6) months thereafter a resolution for the same or similar purpose covering the same territory may again be considered after notice and proceedings as provided for consideration of the original resolution. If sufficient objections are not made, a majority of members of the governing body voting in its favor shall adopt the resolution.
The governing body, by contract, may procure and erect the posts required for the maintenance of the lights or require the street commissioner or other official of the city or town to do so in the manner in which the governing body provides. When the posts have been installed the governing body shall provide for the maintenance of the lights and pay the expense of the maintenance. All posts shall be of uniform size and character and be distributed uniformly upon the street or avenue or section thereof to be lighted.

History. Laws 1965, ch. 112, § 401; W.S. 1957, § 15.1-401; Laws 1973, ch. 103, § 1; 1980, ch. 38, § 1.

§ 15-6-604. Creation; assessment; contents; notice, hearing and objections; final resolution.

The governing body shall estimate the cost of erecting and furnishing the posts and on or before the first Monday in November of each year adopt a resolution levying and assessing all of the property embraced within the district with the entire cost of installing the lighting system. Each lot or parcel of land in the district shall be assessed for that part of the whole cost of the installation which its linear feet bordering the street, avenue or alley, bear to the total number of lineal feet abutting the streets, avenues or alleys included within the special district, and levying and assessing against any street or other railway upon a street or avenue or portion thereof included in the lighting district not to exceed one-sixth (1/6) of the total cost of installing the lighting system, as determined by the governing body. The resolution shall contain a list describing each lot or parcel of land, any street or other railway with the name of the owner thereof, if known, the linear number of feet fronting or abutting upon the street or avenue to be lighted or otherwise assessable and the amount levied thereon. The resolution shall be signed by the mayor and city clerk and kept on file in the clerk’s office.
A notice signed by the city clerk stating that the resolution levying the assessment to defray the cost of installing the lighting system is on file in his office, subject to inspection for a period of five (5) days, shall be published at least once in a newspaper of general circulation within the city or town, and written notice thereof shall be served upon the owner or owners or agents of the abutting property. The notice shall state the time and place at which the governing body will hear objections to the final adoption of the resolution. The hearing shall not be less than five (5) days after publication of the notice.
At the time fixed, the governing body shall meet and hear all objections, and for that purpose may adjourn from day to day and may modify the resolution in whole or in part. A copy of the resolution as finally adopted and certified by the clerk must be delivered within two (2) days after its passage to the city treasurer. The treasurer, within five (5) days after the receipt thereof, by written notice, mailed or otherwise delivered, shall notify each owner of the property assessed of the amount of assessment, the purpose for which the levy is made, the tax against each lot or parcel of land and the date it becomes delinquent.

History. Laws 1965, ch. 112, § 402; W.S. 1957, § 15.1-402; Laws 1973, ch. 103, § 1; 1980, ch. 38, § 1.

§ 15-6-605. Manner of maintaining and paying.

The lighting system in each district shall be maintained at the expense of the city or town by contract in the manner in which the governing body provides, and the cost thereof shall be paid out of the fund which the governing body designates.

History. Laws 1965, ch. 112, §§ 403, 404; W.S. 1957, §§ 15.1-403, 15.1-404; W.S. 1977, §§ 15-6-605 , 15-6-606 ; Laws 1980, ch. 38, § 1.

§ 15-6-606. Lien; creation; enforcement; when vitiated.

Any special assessment levied together with all costs and penalties constitute a lien upon the property assessed from the date of the final passage of the resolution levying the assessment. The lien may be enforced as provided by law for the enforcement of other liens.
No mistake in the description of the property or the name of the owner vitiates the liens unless it is impossible to identify the property from the description.

History. Laws 1965, ch. 112, §§ 405, 406; W.S. 1957, §§ 15.1-405, 15.1-406; W.S. 1977, §§ 15-6-607 , 15-6-608 ; Laws 1980, ch. 38, § 1.

§ 15-6-607. Existing remedies applicable.

All remedies, provisions and means provided by existing laws or by the ordinances of any city or town availing itself of the provisions of this article, for the correction of errors or omissions in the adoption of any resolution or proceeding, or in the levy of any assessment, or its collection, or for the enforcement of any levy by sale of the property against which any assessment is made, or for the redemption of property from sale, or otherwise applicable to the administration of this article are available the same as if they were made a part of this article.

History. Laws 1965, ch. 112, § 407; W.S. 1957, § 15.1-407; W.S. 1977, § 15-6-609 ; Laws 1980, ch. 38, § 1.

§ 15-6-608. Posts already installed.

If before the creation of any lighting district, posts conforming in size, character and location to the governing body’s requirements have been installed at the expense of any owners of property therein, the governing body may adopt those posts and out of the funds raised to defray the cost of obtaining and installing posts for the district, may pay the owners of the posts so adopted.

History. Laws 1965, ch. 112, § 408; W.S. 1957, § 15.1-408; W.S. 1977, § 15-6-610; Laws 1980, ch. 38, § 1.

§ 15-6-609. Discontinuation.

If at any time after the creation of any special lighting district, a petition is presented to the governing body, signed by the owners or agents of more than one-half (1/2) of the total number of linear feet of the property fronting or abutting upon any street or avenue or portion thereof included within the district, asking that the district be discontinued, the governing body, by resolution, shall provide for discontinuing the maintenance and operation of the lighting system. However, if the governing body, prior to the presentation of the petition, has entered into any contract for the maintenance and operation of the system, it shall not be discontinued until the contract expires.

History. Laws 1965, ch. 112, § 409; W.S. 1957, § 15.1-409; W.S. 1977, § 15-6-611; Laws 1980, ch. 38, § 1.

Chapter 7 Public Improvements

Cross references. —

As to powers of cities and towns generally, see § 15-1-103 .

As to requirements for municipal contract for public improvements generally, see § 15-1-113 .

As to liability of cities operating under the city manager form of government for excavations, obstructions, etc., in streets, see § 15-4-307 .

As to liability for obstructions in streets caused by railroad companies, see § 15-4-309 .

As to power of cities operating under a city manager form of government to install public utilities, see § 15-4-312 .

As to disposal of public utilities by cities operating under a city manager form of government, see § 15-4-313 .

As to local improvements generally, see § 15-6-101 et seq.

For constitutional provision that neither the state, nor any county, township, school district or municipality shall loan or give its credit to make donations to or in aid of any railroad or telegraph line, see art. 10, § 15, Wyo. Const.

For provision that no street passenger railway, telegraph, telephone or electrical light line shall be constructed within the limits of any municipal organization without the consent of its local authorities, see art. 13, § 4, Wyo. Const.

For provision prohibiting loans, credit or donations by the state or any political subdivision thereof, and requiring two-thirds vote of people for works of internal improvement, see art. 16, § 6, Wyo. Const.

As to construction and improvement of works for conservation and utilization of water, see art. 16, § 10, Wyo. Const.

For provision that eight hours actual work shall constitute a day's lawful work in all municipal works, see art. 19, § 2, Wyo. Const.

As to persons ineligible for employment on public works in cities and towns, see art. 19, § 3, Wyo. Const.

As to eminent domain generally, see §§ 1-26-501 through 1-26-817 and Rule 71.1, W.R.C.P.

As to public works and contractor's bond, see §§ 16-6-101 through 16-6-121 .

For provision that all maps, plats, plans or designs necessary to be filed in all city or town offices shall be made and certified to by a professional engineer or land surveyor, see § 33-29-139.

As to public utilities generally, see title 37.

As to joint operation of drainage districts with municipalities, see §§ 41-9-401 through 41-9-403 .

Law reviews. —

For article, “No Home On the Range For Home Rule,” see XXXI Land & Water L. Rev. 791 (1996).

Article 1. In General

Am. Jur. 2d, ALR and C.J.S. references. —

56 Am. Jur. 2d Municipal Corporations §§ 560 to 572; 64 Am. Jur. 2d Public Securities and Obligations § 1 et seq.; 70A Am. Jur. 2d Special or Local Assessments § 1 et seq.

64 C.J.S. Municipal Corporations § 1116 et seq.

§ 15-7-101. Purposes.

In addition to all other powers provided by law, any city or town may make public improvements as follows for which bonds may be issued to the contractor or be sold as provided in this chapter to:
1. Pave any street or streets in front of or adjacent to any public hospital or institution within the city or town;
2. Establish, construct, purchase, extend, maintain and regulate a system of water works, for the purpose of supplying water for extinguishing fires and for domestic, manufacturing and other purposes. To carry out this power, or to prevent pollution or injury to the streams, springs or source of supply of its water works, ditches or reservoirs, any city or town may go beyond its corporate limits and take, hold and acquire property by purchase 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 source of supply for the entire distance occupied by such water works, ditches or reservoirs. Cities or towns may enact ordinances and make all necessary rules and regulations for the government and protection of their water works, ditches and reservoirs, and fix water rates and provide for their collection. All water rent collected except the amount required to pay the expense of maintaining, extending and improving the water works, shall become a part of the water bond fund, and be applied only to the payment of the principal and interest of the bonds issued for the construction, purchase, maintaining or extension of the water works;
3. Take any action necessary to establish, purchase, extend, maintain and regulate a water system for supplying water to and diverting surface water runoff from its inhabitants and their property and for any other public purposes, including:
  1. Condemnation of property;
  2. Prescribing and regulating of rates for the use of water and diversion or management of surface water runoff; and
  3. Enacting ordinances for their enforcement and collection.
4. Establish, construct, purchase, extend, maintain and regulate a system of sewerage;
5. Establish, maintain and regulate electric light plants and electric power plants to supply the inhabitants with electric lights and power, to light the streets, highways and public buildings, and supply power for water works and other municipally owned works and utilities;
6. Establish, construct, purchase or extend electric transmission lines or electric power lines, to carry electric current to the city or town, from the place the current is obtained;
7. Establish, construct, purchase or extend propane, butane and natural gas distribution systems or lines and to carry propane, butane and natural gas to the city or town, from the place of origin or where the propane, butane or natural gas is obtained;
8. Erect, construct or purchase buildings for housing its fire extinguishing equipment and for the use of its fire department and officers in the transaction of their official business;
9. Contract for, purchase and hold lands and water rights and erect thereon amusement halls and buildings to be used for public parks and grounds for the use, benefit and enjoyment of the public, and:
  1. Enact ordinances, and make all necessary rules and regulations for the protection, maintenance and beautification of any park located within or without the limits of the city or town;
  2. Establish, purchase and hold parks on lands outside the corporate limits, if the lands are within thirty (30) miles of the city or town limits.
10. Designate, establish, construct, purchase, extend, maintain and regulate arterial streets and highways, highway viaducts and subways within the corporate limits of the city or town;
11. Plan, create, construct and equip liquid and solid waste facilities. To carry out this power or to prevent pollution or injury to the environment, any city or town may go beyond its corporate limits and take, hold and acquire property by purchase or otherwise, or in joint effort with cities, towns, counties or special districts. Cities or towns may enact ordinances and make all necessary rules and regulations for the government and protection of liquid and solid waste disposal facilities, and fix rates and provide for collection and disposal;
12. Establish and defray the cost of purchasing land for, and the erection of a city library or additions to existing city libraries, or to establish art galleries or museums;
13. Establish and defray the cost of purchasing land for, and the construction of swimming pools, wading pools and other related recreational facilities;
14. Take any action necessary to acquire any needed or useful property, or construct, maintain, repair or replace any lawful improvement, development, project or other activity of any kind or to participate, join or cooperate with other governments or political subdivisions, departments or agencies thereof, for which funds may be borrowed from the United States of America or the state of Wyoming, or any subdivision, department or agency of either;
15. Construct, extend, improve, furnish, equip or otherwise acquire a city or town hall complex, including buildings and other structures for the use of city or town officers or employees in the transaction of their official business, for community meeting rooms, and for all other municipal or other public purpose activities;
16. Plan, create, construct and equip a fiber optic communications system.

History. Laws 1965, ch. 112, § 410; W.S. 1957, § 15.1-410; Laws 1969, ch. 198, § 1; 1973, ch. 6, § 1; 1975, ch. 104, § 1; 1980, ch. 38, § 1; 1981, ch. 174, § 2; 1997, ch. 143, § 1; 2007, ch. 215, § 1; 2020, ch. 58, § 1.

The 2007 amendment, made minor stylistic changes.

Laws 2007, ch. 215, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2007.

The 2020 amendment, effective July 1, 2020, in the introductory language of (a)(iii) substituted “and diverting surface water runoff from its inhabitants and their property” for “its inhabitants”; and in (a)(iii)(B), added “and diversion or management of surface water runoff” following “use of water.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Conflicting legislation. —

Laws 2007, ch. 215, § 4, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Question of necessity for improvement deemed legislative. —

Question of necessity for making proposed improvements for which property may be taken under the power of eminent domain is purely legislative and, in the absence of constitutional or statutory provisions to the contrary, when, where and in what manner they shall be constructed are matters resting exclusively with municipal authorities. Edwards v. City of Cheyenne, 19 Wyo. 110, 114 P. 677, 1912 Wyo. LEXIS 1 (1911).

Additional statutory limitations on indebtedness permissible.—

Specific constitutional limitations on power of municipal corporation to incur indebtedness do not prevent legislature from imposing additional restrictions. Whipps v. Greybull, 56 Wyo. 355, 109 P.2d 805, 1941 Wyo. LEXIS 5 (Wyo. 1941).

Sufficiency of specification in bond issue. —

Rate of interest was sufficiently specified by ordinance and notice submitting proposition to issue bonds for certain public improvements stating that bonds would “bear interest at a rate not exceeding 5% per annum.” City of Cheyenne v. State, 17 Wyo. 90, 96 P. 244, 1908 Wyo. LEXIS 8 (Wyo. 1908).

Use of the statements “not exceeding 5 percent per annum” and “not to exceed $60,000” sufficiently complied with statute requiring that rate of interest and amount of bond issue must be specified. First Nat'l Bank v. Laramie, 25 Wyo. 267, 168 P. 728, 1917 Wyo. LEXIS 25 (Wyo. 1917).

Transmittal of funds to pay bonds without security. —

The mayor and city council are authorized to make city's bonds and interest coupons payable in such place as they see fit, and to indicate by ordinance to that effect. Failure of council in its contract with its fiscal agent in New York to demand security, relieved city treasurer from duty of making such demand, and he was justified in transmitting moneys to such agent to pay bonds and coupons, without liability for loss sustained by failure of such agent. City of Casper v. Joyce, 54 Wyo. 198, 88 P.2d 467, 1939 Wyo. LEXIS 6 (Wyo. 1939).

Taxing each lot same amount for irrigation water. —

City council was not authorized to pass ordinance taxing each lot certain amount for water for irrigation, regardless of value of property. Town Council of Hudson v. Board of Comm'rs, 37 Wyo. 160, 259 P. 1051, 1927 Wyo. LEXIS 74 (Wyo. 1927).

Municipalities have full authority and control over public water and sewerage systems. Coulter v. Rawlins, 662 P.2d 888, 1983 Wyo. LEXIS 311 (Wyo. 1983).

Including levy of connection and maintenance charges. —

Wyoming statutory provisions grant a city the power to levy sewer and water connection charges and to charge users of the systems in order to pay the costs of maintaining, operating, and expanding them. Coulter v. Rawlins, 662 P.2d 888, 1983 Wyo. LEXIS 311 (Wyo. 1983).

Storm sewers authorized. —

In view of the fact that storm sewers may subserve the purposes of health as well as sanitary sewers, storm sewers come within the constitutional and statutory provisions authorizing indebtedness for construction of sewers. Anselmi v. Rock Springs, 53 Wyo. 223, 80 P.2d 419, 1938 Wyo. LEXIS 14 (Wyo. 1938).

Legislative grant of power as to light facilities. —

Act of 1907 authorizing municipalities to construct light and power plants, granted new power and was not merely providing method of exercising power that already existed. Whipps v. Greybull, 56 Wyo. 355, 109 P.2d 805, 1941 Wyo. LEXIS 5 (Wyo. 1941).

Relation of other provision. —

Section 15-7-204(a) implements the express powers granted cities and towns to establish light plants and transmission lines to bring electricity from the place obtained, granted by this section. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Power to purchase public utility plant accorded cities and towns by former §§ 1-26-104 to 1-26-110 did not imply a power also to finance that purchase in a manner which legislature had persistently refused to recognize. Jensen v. Afton, 59 Wyo. 500, 143 P.2d 190, 1943 Wyo. LEXIS 26 (Wyo. 1943).

Town did not have power to issue revenue bonds to purchase power company property, especially where such property had over half the assessed value of all taxable property and town already had bonded indebtedness of $53,000 and the school district, of $66,000. Jensen v. Town of Afton, 59 Wyo. 500, 143 P.2d 190, 1943 Wyo. LEXIS 26 (1943).

Fixed rate formula in power contract held reasonable. —

Fixed rate formula agreed upon in a power contract between municipalities organizing an agency under the Wyoming Joint Powers Act (§§ 16-1-102 through 16-1-109 ) to produce and distribute electric power to their inhabitants was reasonable. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Gas plant not provided for. —

Revision committee while providing for bonds issued for purchase or construction of waterworks and electric power plants failed to make any such provision for purchase of or construction of gas plants. Lakota Oil & Gas Co. v. Casper, 57 Wyo. 329, 116 P.2d 861, 1941 Wyo. LEXIS 34 (Wyo. 1941).

Park-land dedication ordinances. —

Prior park dedication legal despite lack of specific power.—

Where land owned by city had been dedicated by it for park purposes more than 50 years previously, the park was legally dedicated even though at that time no specific power had been granted by the legislature to cities to acquire and hold property for park purposes. Rayor v. Cheyenne, 63 Wyo. 72, 178 P.2d 115, 1947 Wyo. LEXIS 5 (Wyo. 1947).

Applied in

Barber v. City of Douglas, 931 P.2d 948, 1997 Wyo. LEXIS 19 (Wyo. 1997).

Quoted in

Tri-County Elec. Ass'n v. City of Gillette, 584 P.2d 995, 1978 Wyo. LEXIS 227 (Wyo. 1978); City of Green River v. Debernardi Constr. Co., 816 P.2d 1287, 1991 Wyo. LEXIS 142 (Wyo. 1991).

Law reviews. —

For comment, “The Municipal Action Exemption to the Federal Antitrust Laws: Increased Antitrust Exposure for Wyoming Cities and Towns,” see XIX Land & Water L. Rev. 673 (1984).

Am. Jur. 2d, ALR and C.J.S. references. —

Power of municipality to sell, lease or mortgage public utility plant or interest therein, 61 ALR2d 595.

§ 15-7-102. Borrowing and issuance of bonds; generally; sewerage systems; elections.

A city or town may borrow money and issue bonds in either coupon or registered form to any amount not exceeding the limitation provided in W.S. 15-7-109 for the purposes enumerated in this article. The amount of bonds may be any multiple of one hundred dollars ($100.00), as provided in the ordinance authorizing their issuance, and shall bear interest payable annually or semiannually at a rate, at a place and in the manner as the ordinance provides. The bonds may be redeemed before maturity at a time or times and in a manner 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 in regular numerical order at annual or other designated intervals in any amounts designated and fixed by the governing body. However bonds issued by a city or town to establish, construct, purchase or extend a system of sewerage may mature and be payable at any time not more than forty (40) years from their date or the estimated life of the improvement whichever is shorter.
No bonds may be issued for the purposes provided in this article until the proposition to issue them has been submitted to and approved by the qualified electors of the city or town at an election which shall be called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 .
Notwithstanding any provision of W.S. 22-21-101 through 22-21-112 , for purposes of this section, where repayment of funds borrowed from the United States of America or from the state of Wyoming, or from any subdivision, agency or department of either, is to be made solely from revenues generated by the enterprise with which the financed public improvement project is associated and where security for the loan is restricted to a claim on the revenues generated from the enterprise with which the proposed public improvement project is associated and to the assets of that enterprise, any document evidencing the agreement to repay the borrowed funds shall not be considered a bond and no election shall be required.

History. Laws 1965, ch. 112, § 411; W.S. 1957, § 15.1-411; Laws 1971, ch. 254, § 5; 1979, ch. 30, § 1; 1980, ch. 38, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1; 1996, ch. 97, § 2; 1999, ch. 107, § 1.

Cross references. —

For provisions as to bond elections, see §§ 22-21-101 through 22-21-112 .

As to interest rates generally, see § 40-14-106(e).

Additional statutory limitations permissible. —

Financing of water project not a “bond.” —

Legislature did not intend for financing of municipal water project to be considered a “bond” under this section, and therefore there was no statutory requirement for an election prior to town's incurring debt. Cooper v. Town of Pinedale, 1 P.3d 1197, 2000 Wyo. LEXIS 74 (Wyo. 2000).

Bond sale of corporation “on behalf of” city invalid. —

A bond sale by a nonprofit corporation “on behalf of” a city is invalid as a loan of the city's credit in violation of art. 16, § 6, Wyo. Const."Laramie Citizens for Good Government" v. Laramie, 617 P.2d 474, 1980 Wyo. LEXIS 307 (Wyo. 1980).

Transmittal of funds without requiring security. —

Mayor and city council were authorized to make the city's bonds and interest coupons payable in such place as they saw fit, and to indicate by ordinance to that effect. Failure of council in its contract with fiscal agent in New York to demand security, relieved the city treasurer from the duty of making such demand and he was justified in transmitting moneys to such agent to pay bonds and coupons, and was not liable for any loss sustained by the failure of such agent. City of Casper v. Joyce, 54 Wyo. 198, 88 P.2d 467, 1939 Wyo. LEXIS 6 (Wyo. 1939).

Substantial compliance with election provisions sufficient. —

A statute authorizing issuance of bonds for public improvements should be construed so as not to defeat the manifest object of the enactment, and hence a substantial compliance with the formalities in submitting the question of a bond issue to the voters is generally sufficient. City of Cheyenne v. State, 17 Wyo. 90, 96 P. 244, 1908 Wyo. LEXIS 8 (Wyo. 1908).

Compliance found. —

Statement in an ordinance submitting the proposition of an issuance of bonds to extend the water system, and in the election notice and official ballot, “in an amount not to exceed $60,000.00” was a compliance with the statute requiring the amount of proposed bonds to be stated. First Nat'l Bank v. Laramie, 25 Wyo. 267, 168 P. 728, 1917 Wyo. LEXIS 25 (Wyo. 1917).

An ordinance directing issuance of bonds and a notice of special election submitting the proposition to the electors specifying that bonds to be issued were to bear interest at a rate not exceeding five percent per annum sufficiently specified rate of interest so as to render bonds issued pursuant thereto and bearing five percent interest valid. City of Cheyenne v. State, 17 Wyo. 90, 96 P. 244, 1908 Wyo. LEXIS 8 (Wyo. 1908).

Bond election not vitiated by mere irregularities. —

Misstatement as to amount of city's indebtedness contained in notice of bond election for the issuance of sewer bonds, not being a necessary part of the notice, in the absence of proof that the result of the election was affected thereby, is treated as a mere irregularity neither vitiating the election, nor the bond issue. Anselmi v. Rock Springs, 53 Wyo. 223, 80 P.2d 419, 1938 Wyo. LEXIS 14 (Wyo. 1938).

Under allegations that notice of bond election was misleading, and that more than one ballot was given an elector, it was held that the burden was upon the petitioner to show that these affected the result of the election, all presumptions being in favor of the validity of the election which will not be vitiated by mere irregularities. Anselmi v. Rock Springs, 53 Wyo. 223, 80 P.2d 419, 1938 Wyo. LEXIS 14 (Wyo. 1938).

§ 15-7-103. Borrowing and issuance of bonds; recreational facilities.

A city or town may borrow money and issue coupon bonds in an amount which, together with the municipal indebtedness, but not including sewerage, water supply and school bonds, does not exceed four percent (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), or multiples thereof and bear interest payable semiannually at a rate, at a place and in the manner the governing body provides. The bonds shall be in a serial form with last maturity not more than twenty (20) years after the date of issue and are redeemable at the option of the city or town at a time to be designated by the governing body as provided in W.S. 16-5-302 .

History. Laws 1965, ch. 112, § 412; W.S. 1957, § 15.1-412; Laws 1971, ch. 254, § 6; 1980, ch. 38, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1; 2010, ch. 82, § 1.

Cross references. —

As to vacation from public use of public parks, see §§ 15-7-301 to 15-7-305 .

As to interest rates generally, see § 40-14-106(e).

The 2010 amendment, effective July 1, 2010, made stylistic change.

Section does not repeal or limit other provisions. —

This section does not expressly or by implication repeal or limit the authority delegated by §§ 18-9-201 , 18-9-202 , or any other grants of authority by the state, as to recreational facilities, nor does it directly or by implication declare recreational facilities to be a strictly municipal function. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

§ 15-7-104. Borrowing and issuance of bonds; fire prevention.

A city or town may borrow money and issue the coupon bonds in an amount not exceeding at one (1) time, four percent (4%) of the assessed valuation of the city or town to acquire and purchase supplies, equipment and apparatus for fire prevention and control and to erect, construct or purchase buildings for housing its fire extinguishing equipment and for the use of its fire department in the transaction of its official business. The bonds shall bear interest payable semiannually, be of the denomination and be payable at a rate, at a place and in the manner the governing body provides. The bonds shall be redeemable after ten (10) years and payable in not more than thirty (30) years after the time they are issued or payable serially, as provided in W.S. 16-5-302 .

History. Laws 1965, ch. 112, § 413; W.S. 1957, § 15.1-413; Laws 1971, ch. 254, § 7; 1973, ch. 6, § 2; 1980, ch. 38, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1; 1993, ch. 29, § 1.

Cross references. —

As to interest rates generally, see § 40-14-106(e).

Transmittal of funds to pay bonds without security. —

Mayor and city council were authorized to make city's bonds and interest coupons payable in such place as they saw fit, and to indicate by ordinance to that effect. Failure of council in its contract with its fiscal agent in New York to demand security relieved city treasurer from duty of making such demand and he was justified in transmitting moneys to such agent to pay bonds and coupons without liability for loss sustained by the failure of such agent. City of Casper v. Joyce, 54 Wyo. 198, 88 P.2d 467, 1939 Wyo. LEXIS 6 (Wyo. 1939).

§ 15-7-105. Bonds; endorsed certificate; registration book.

The clerk of the city or town shall endorse a certificate upon every bond or evidence of debt issued, stating that it is within the lawful debt limit of the city or town and is issued according to law. He shall sign the certificate in his official character.
The city or town treasurer shall keep a book in which shall be registered all bonds issued, showing the number of the bond, the date of issue, 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 .

History. Laws 1965, ch. 112, §§ 414, 415; W.S. 1957, §§ 15.1-414, 15.1-415; W.S. 1977, §§ 15-7-105 , 15-7-106 ; Laws 1980, ch. 38, § 1; 1984, ch. 15, § 1.

Cross references. —

For constitutional provision to same effect as subsection (a) of this section, see art. 16, § 8, Wyo. Const.

Ordinance constitutes “law” under state constitution. —

Town ordinance requiring mayor to sign certificate such as mentioned in section, there being at time of its passage no statutory provision thereon, constituted a “law” under constitutional requirement that bonds of political subdivisions must have certificate endorsed thereon. Diefenderfer v. State, 14 Wyo. 302, 83 P. 591, 1906 Wyo. LEXIS 16 (Wyo. 1906).

Additional statutory limitations permissible. —

§ 15-7-106. Bonds; notice; receiving bids; exception; limitation; private sale.

After any bonds to be issued for any of the purposes set forth in this article, other than special improvement bonds, have been approved by a vote of the people, the governing body shall give notice by advertisement for 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 in the city or town, and in any newspaper published in other places as may be deemed expedient. The notice shall state that the city or town will receive bids for the sale of the bonds and shall give the time and place where bids will be received and opened. No bonds may be sold for less than their par value.
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 or the United States of America at a private sale, without advertisement, for not less than par and accrued interest.

History. Laws 1965, ch. 112, § 416; W.S. 1957, § 15.1-416; W.S. 1977, § 15-7-107 ; Laws 1980, ch. 38, § 1.

§ 15-7-107. Bonds; tax; interest; sinking fund; redemption.

A tax to be fixed by ordinance shall be levied each year to pay the interest on the bonds and to create a sinking fund for their redemption. The money that may be on hand at any time belonging to the sinking fund, until there are bonds redeemable, may be loaned or invested by the governing body in any public securities of the state, any subdivision thereof, or of the United States, and the interest that accrues shall be added to the sinking fund. If at any time after ten (10) years from the issue of the bonds the sum in the sinking fund equals or exceeds five hundred dollars ($500.00), and from time to time thereafter when it accrues, the city or town treasurer shall publish a notice in a newspaper in the city or town that, thirty (30) days from the date of the notice, he will redeem the amount of bonds then payable, giving their number and 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 interest thereon ceases, but the treasurer shall redeem them on presentation. A copy of the notice shall be sent to the bank designated as the place of payment of the interest on the bonds.

History. Laws 1965, ch. 112, § 417; W.S. 1957, § 15.1-417; W.S. 1977, § 15-7-108 ; Laws 1980, ch. 38, § 1.

Additional statutory limitations permissible. —

§ 15-7-108. Bonds; cancellation.

The city or town treasurer shall, as soon as the coupons of bonds are paid, cause the word “paid” to be cut into them, and when the bonds are paid cause the word “paid” to be cut in the body of the bond.

History. Laws 1965, ch. 112, § 418; W.S. 1957, § 15.1-418; W.S. 1977, § 15-7-109 ; Laws 1980, ch. 38, § 1.

Additional statutory limitations permissible. —

§ 15-7-109. Limitations on indebtedness; exceptions.

No debt in excess of the taxes for the current year may be created by any city or town, except local improvements as provided by law, unless the proposition to create the debt is approved by a vote of the people. No city or town may create any indebtedness exceeding four percent (4%) of the assessed valuation of the taxable property except an additional indebtedness not exceeding four percent (4%) of the assessed valuation of the property may be created to build and construct sewerage systems. This limitation does not apply to the construction, establishing, extending and maintaining of water works and supplying water for the use of the city or town and its inhabitants.

History. Laws 1965, ch. 112, § 419; W.S. 1957, § 15.1-419; W.S. 1977, § 15-7-110 ; Laws 1980, ch. 38, § 1.

Cross references. —

As to limitation on municipal indebtedness, see art. 16, §§ 4 and 5, Wyo. Const.

Storm sewers authorized. —

Cited in

Cooper v. Town of Pinedale, 1 P.3d 1197, 2000 Wyo. LEXIS 74 (Wyo. 2000); Tavern, LLC v. Town of Alpine, 2017 WY 56, 395 P.3d 167, 2017 Wyo. LEXIS 57 (Wyo. 2017).

§ 15-7-110. Custody of funds.

The city or town treasurer is the custodian of all monies arising from the sale of bonds issued pursuant to this chapter. He shall give any additional bond or bonds as the governing body requires for safekeeping and disbursing of all such funds.

History. Laws 1965, ch. 112, § 420; W.S. 1957, § 15.1-420; W.S. 1977, § 15-7-111 ; Laws 1980, ch. 38, § 1.

Additional statutory limitations permissible. —

§ 15-7-111. Bonds for municipal improvements; exception; procedure.

Any city or town may issue and sell revenue bonds for the purpose of creating, purchasing, leasing, constructing, maintaining, expanding or improving the following types of municipal improvements:
1. Municipal auditoriums or community meeting facilities;
2. Land, equipment, municipal incinerators and other necessary improvements and facilities to be used for or in conjunction with municipal solid waste management systems;
3. Municipally operated recreational facilities of a type for which a charge is or may be made to the general public and because of the charge they are or may be self-liquidating in nature;
4. Municipally owned and operated propane, butane and natural gas distribution systems and lines, except no revenue bonds shall be issued or sold for the purpose of purchasing or in any manner acquiring the ownership of an existing natural gas distribution system or lines;
5. Electrical systems and any facilities located within or without the state for the generation, transmission or distribution of electrical energy, provided that this paragraph shall only apply to those municipalities that owned their electrical systems prior to March 1, 1975. No revenue bonds shall be issued or sold for the purpose of purchasing or in any manner acquiring the ownership of an existing electrical system.
Any city or town desiring to issue revenue bonds shall adopt and follow the procedure prescribed for the issuance by municipalities of revenue bonds for sewerage systems.

History. Laws 1965, ch. 112, § 421; W.S. 1957, § 15.1-421; Laws 1969, ch. 198, § 2; W.S. 1977, § 15-7-112 ; Laws 1980, ch. 38, § 1; 2003, ch. 28, § 1; 2004, ch. 18, § 1.

The 2004 amendment, effective July 1, 2004, added (a)(v).

§ 15-7-112. Borrowing and issuance of bonds for airports; generally.

In addition to all other powers, a city or town may borrow money and issue coupon bonds in an amount not exceeding, at one (1) time, four percent (4%) of the assessed valuation of the city or town to acquire, lease, purchase, equip, develop, improve or enlarge municipal airports, landing fields or other air navigation facilities. The bonds shall be of the denomination of five hundred dollars ($500.00), or multiples thereof, and bear interest at a rate payable semiannually, 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 designated by the governing body as provided in W.S. 16-5-302 .

History. Laws 1965, ch. 112, § 422; W.S. 1957, § 15.1-422; Laws 1971, ch. 254, § 8; W.S. 1977, § 15-7-113 ; Laws 1980, ch. 38, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1.

Cross references. —

For authority of municipalities to issue bonds generally, see § 15-1-103 .

As to municipal and county airports generally, see § 10-5-101 et seq.

As to county airports, see §§ 18-9-101 to 18-9-202 .

As to interest rates generally, see § 40-14-106(e).

Constitutionality. —

This section, authorizing the issuance of airport bonds by cities and towns in an amount not exceeding four percent of the assessed valuation of such city or town, was construed by the supreme court to permit issuance of bonds to the extent of two percent in order to preserve the constitutionality of the section in view of art. 16, § 5, Wyo. Const., which prior to 1962 imposed a two percent limitation on cities, towns and villages, with certain exceptions. Hanson v. Greybull, 63 Wyo. 467, 183 P.2d 393, 1947 Wyo. LEXIS 21 (Wyo. 1947).

The words appearing in the first sentence of this section, and reading, “not exceeding, at one (1) time,” might be misleading and seem to authorize the creation of indebtedness of the stated percentage for other times regardless of the fact that the statutory percentage limit has been attained. But to so read the statute would be to disregard the elementary principle that it will not be presumed that the legislature intended to enact a law in violation of constitutional restrictions. The words “at one (1) time” could very well have been omitted. Hanson v. Greybull, 63 Wyo. 467, 183 P.2d 393, 1947 Wyo. LEXIS 21 (Wyo. 1947).

§ 15-7-113. Borrowing and issuance of bonds for airports; notice; receiving bids.

If a majority of the votes are “for the bonds,” the governing body shall publish a notice in a newspaper of general circulation in the city or town, and any other newspapers published in other places as deemed expedient, to the effect that the city or town will receive bids for the sale of the bonds and stating the time and place where bids will be received and opened.

History. Laws 1965, ch. 112, § 423; W.S. 1957, § 15.1-423; W.S. 1977, § 15-7-114 ; Laws 1980, ch. 38, § 1.

§ 15-7-114. Borrowing and issuance of bonds for airports; tax; payment; cancellation.

A tax to be fixed by ordinance shall be levied for each year to pay the interest and principal of the bonds as they become due and payable.
If any bonds or coupons are paid, the treasurer shall cause the word “paid” to be cut in them and otherwise cancel the bonds and coupons so paid.

History. Laws 1965, ch. 112, §§ 424, 425; W.S. 1957, §§ 15.1-424, 15.1-425; W.S. 1977, §§ 15-7-115, 15-7-116; Laws 1980, ch. 38, § 1.

Article 2. Electric Current

Cross references. —

As to authority relative to grant of franchises to public utilities generally, see § 15-1-103 .

As to power districts in connection with public utilities, see §§ 37-2-216 to 37-7-212 .

As to applicability of §§ 41-7-801 to 41-7-819 , relative to public irrigation and power districts, to cities and towns, see § 41-7-819 .

As to impounding and use of water for the generation of electric power under Colorado River Compact, see § 41-12-301 .

Stated in

Tri-County Elec. Ass'n v. City of Gillette, 584 P.2d 995, 1978 Wyo. LEXIS 227 (Wyo. 1978).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of electric utility to nonpatron for interruption or failure of power, 54 ALR4th 667.

Debtor's protection under USC § 366 against utility service cutoff, 83 ALR Fed 207.

§ 15-7-201. Supplying consumers outside corporate limits.

Any city or town which may acquire or construct an electric light or power plant may supply electric current to persons, corporations and municipal corporations outside the corporate limits and enter into the necessary contracts upon the terms and under any rules and regulations as agreed upon by the parties.

History. Laws 1965, ch. 112, § 426; W.S. 1957, § 15.1-426; Laws 1980, ch. 38, § 1.

Authority.—

Construction.— Authority.—

Supreme Court of Wyoming declines the invitation to find an implicit power in Wyo. Stat. Ann. § 15-7-201 (2015) when elsewhere the Wyoming statutes unambiguously grant the power to the Public Service Commission (PSC). Applying its rules of statutory construction to give effect to § 15-7-201 , as well as to the statutes granting the PSC authority to regulate utilities, the Supreme Court holds that a city's authority to enter into contracts regarding its supply of electricity outside the city limits does not override the PSC's authority to set the rates for that service. City of Torrington v. Smith, 2016 WY 126, 386 P.3d 336, 2016 Wyo. LEXIS 140 (Wyo. 2016).

Legislature granted a city the authority to provide electricity to customers outside the city limits via Wyo. Stat. Ann. § 15-7-201 (2015), but reserved the authority to determine an appropriate rate for the service provided outside the city limits to the Public Service Commission (PSC) in Wyo. Stat Ann. §§ 37-2-112 , 37-1-101(a)(vi)(C) and (a)(vi)(H)(II) (2015). The language of § 37-1-101(a)(vi)(H)(II) unambiguously grants the PSC exclusive regulatory power over all municipally-owned public utility services provided to customers outside the municipality's corporate limits. City of Torrington v. Smith, 2016 WY 126, 386 P.3d 336, 2016 Wyo. LEXIS 140 (Wyo. 2016).

Construction.—

Plain language of Wyo. Stat. Ann. § 15-7-201 (2015) grants a city the authority to provide services to customers and to enter into contracts regarding that service. But the statute is silent as to the city's authority to set rates. City of Torrington v. Smith, 2016 WY 126, 386 P.3d 336, 2016 Wyo. LEXIS 140 (Wyo. 2016).

§ 15-7-202. Joint board; agreement; purpose; powers; prohibition.

Two (2) or more cities or towns may enter into an agreement pursuant to W.S. 16-1-102 through 16-1-109 for a joint powers board to supply their need for electric power. The joint powers board may expand, finance or operate electrical systems owned by municipalities prior to March 1, 1975, and construct and operate any facilities located within or without the state for the generation or transmission of electrical energy to supply those electrical systems. No loans under W.S. 16-1-109 shall be granted for facilities to be constructed or operated outside the state.
The joint powers board may acquire a percentage undivided interest as a tenant in common with any other public or private entities in any such facility and may designate one (1) of the other participating entities as its agent, or may act as agent for any other participating entity in connection with the planning, acquisition, construction or operation of any such facility.

History. Laws 1976, ch. 28, § 1; W.S. 1957, § 15.1-426.1; Laws 1978, ch. 31, § 1; 1980, ch. 38, § 1.

§ 15-7-203. Existing contracts ratified.

Any contracts entered into by any city or town for supplying electric current outside its corporate limits are ratified and confirmed as valid and binding contracts, any other act or law to the contrary notwithstanding.

History. Laws 1965, ch. 112, § 427; W.S. 1957, § 15.1-427; Laws 1980, ch. 38, § 1.

Quoted in

City of Torrington v. Smith, 2016 WY 126, 386 P.3d 336, 2016 Wyo. LEXIS 140 (Wyo. 2016).

§ 15-7-204. General powers.

Any city or town may:
1. Purchase electric current from outside its corporate limits upon terms and conditions agreed upon by the parties;
2. Construct an electric transmission line or electric power line upon and over all public roads and state highways if it does not interfere with the public in the use of the public roads and state highways;
3. Enact ordinances necessary to exercise the powers granted in 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 of electric current either for lights, power or other purposes and for their collection.

History. Laws 1965, ch. 112, §§ 428 to 430; W.S. 1957, §§ 15.1-428 to 15.1-430; W.S. 1977, §§ 15-7-204 to 15-7-206 ; Laws 1980, ch. 38, § 1.

Cross references. —

As to power relative to facilities used for purpose of conveying electricity to incorporated city or town, see § 15-7-101 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Extent of authority.—

Authority set forth in Wyo. Stat. Ann. § 15-7-204(a)(iii) (2015) to enact ordinances that provide for the rates does not explicitly grant power to the city to establish those rates. That power is granted to the city for customers within the city limits by Wyo. Stat. Ann. § 37-1-101(a)(vi)(H)(II) (2015), which excludes municipalities from the Public Service Commission's (PSC's) jurisdiction; but that power is reserved to the PSC for customers outside the city limits. Any other reading of these two statutes would render Wyo. Stat. Ann. § 37-1-101(a)(vi)(H)(II) meaningless. City of Torrington v. Smith, 2016 WY 126, 386 P.3d 336, 2016 Wyo. LEXIS 140 (Wyo. 2016).

Relation to other provisions. —

This section implements the express powers granted cities and towns to establish light plants and transmission lines to bring electricity from the place obtained granted by § 15-7-101 .Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Fixed rate formula in power contract held reasonable. —

Fixed rate formula agreed upon in a power contract between municipalities organizing an agency under the Wyoming Joint Powers Act (§§ 16-6-101 through 16-6-121 ) to produce and distribute electric power to their inhabitants was reasonable. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Ordinances providing for issuance of bonds to be paid solely from receipts through operation of light and power plants were invalid because violating statute which prohibits issuance of bonds unless approved by people at bond election. Whipps v. Greybull, 56 Wyo. 355, 109 P.2d 805, 1941 Wyo. LEXIS 5 (Wyo. 1941).

§ 15-7-205. Line fund established; use.

All funds derived from the sale of electricity or electric current shall be placed in a separate fund to be known as “electric line fund,” and be used only for paying the expenses of operating, maintaining or extending the electric transmission line, including the transformers and other appurtenances necessary to its operation, until all of the bonds issued by the city or town for those purposes have been fully paid. However, any surplus in that fund, over and above the operating expenses and the expenses of extending and repairing the plants in any one (1) year, may be used to provide a sinking fund for the payment of bonds or to pay the interest or principal on the bonds.

History. Laws 1965, ch. 112, § 431; W.S. 1957, § 15.1-431; W.S. 1977, § 15-7-207 ; Laws 1980, ch. 38, § 1.

§ 15-7-206. Sale of power plant; election procedure; ballot; vote required.

If a written proposal to purchase a city or town owned works or plant for generating or distributing electrical energy for light, heat or power, is filed with the city or town clerk by any bona fide manufacturer or distributor of electricity in the state of Wyoming, the governing body, if in their judgment it appears to be in the best interests of the inhabitants of the city or town to sell the works or plant, may provide for submitting the question to the qualified electors of the city or town. The question shall be submitted to both property and nonproperty owners either at the next regular municipal election or at a special election called for that purpose. The election shall be called and conducted in the same manner as other city or town elections, except as otherwise provided in this section.
The official ballot shall contain the words “For Sale of Municipal Light Plant” and “Against Sale of Municipal Light Plant” and shall have a square to the right of each proposition. The elector shall express his vote by putting a cross in the square opposite the proposition he favors. If a majority of the legal votes cast upon the proposition in each ballot box are for the sale, the proposition is approved by the people, and the governing body shall take appropriate proceedings to consummate the sale. If the majority of ballots in either box is against the proposed sale, it shall not be concluded.

History. Laws 1965, ch. 112, § 432; W.S. 1957, § 15.1-432; W.S. 1977, § 15-7-208 ; Laws 1980, ch. 38, § 1.

§ 15-7-207. Election procedure; notice.

If the governing body of the city or town decides to submit the question of the sale 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 of general circulation in the city or town, a notice specifying the amount of the bid and the general terms and conditions contained in the proposal. A copy of the notice shall be posted for three (3) weeks immediately preceding the election in three (3) public places in the city or town.

History. Laws 1965, ch. 112, § 433; W.S. 1957, § 15.1-433; W.S. 1977, § 15-7-209 ; Laws 1980, ch. 38, § 1.

§ 15-7-208. Contents of proposal.

In submitting a written proposal for the purchase of any municipally owned electric light or power plant, the prospective purchaser shall specify the amount of his bid and the general terms and conditions of his offer.

History. Laws 1965, ch. 112, § 434; W.S. 1957, § 15.1-434; W.S. 1977, § 15-7-210; Laws 1980, ch. 38, § 1.

§ 15-7-209. Sale of power plant; disposition of monies received.

All monies received from the sale of property under this article shall be kept in a separate fund and be first used as necessary to pay current bills and unsecured obligations outstanding on account of the operation of the plant until it is turned over to the purchaser. The remainder of the proceeds of the sale shall be used for redemption of any bonds issued by the city or town for the purchase or erection and construction of the works or plant. The money shall not be expended or mixed with other funds of the city or town but shall be applied wholly towards the redemption of the bonds, together with the accumulated interest. If the property sold brings an amount in excess of the current bills, unsecured obligations and the outstanding bonds, the excess shall be placed in a sinking fund to retire any existing bonded indebtedness of the municipality. If there is no existing bonded indebtedness, the excess shall be placed in the municipal general fund and expended for general municipal purposes.

History. Laws 1965, ch. 112, § 435; W.S. 1957, § 15.1-435; W.S. 1977, § 15-7-211; Laws 1980, ch. 38, § 1.

Article 3. Public Parks

Cross references. —

As to power of city relative to sale of unused park lands, see § 15-1-103 .

As to authority of city to establish and maintain zoological gardens, see § 15-1-103 .

As to band concerts, see § 15-1-901 et seq.

As to authority of cities and towns to borrow money or issue bonds for recreational facilities, see § 15-7-103 .

As to county parks, see §§ 18-9-101 to 18-9-202 .

As to state parks and reserves generally, see §§ 36-8-103 to 36-8-1002 .

Am. Jur. 2d, ALR and C.J.S. references. —

56 Am. Jur. 2d Municipal Corporations §§ 560, 561 and 564 to 566; 70A Am. Jur. 2d Special or Local Assessments §§ 33, 44 and 45.

Liability of municipality owning public ball park for injuries by ball to person on nearby street or sidewalk, 16 ALR2d 1458.

Liability of municipality for injury to or death of child caused by burning from hot ashes, cinders or other hot waste material in park, 42 ALR2d 930.

§ 15-7-301. Definition.

As used in this article “public park” means any public ground of any city or town dedicated to public use and maintained as a municipal park, playground or recreation area.

History. Laws 1965, ch. 112, § 437; W.S. 1957, § 15.1-437; Laws 1980, ch. 38, § 1.

§ 15-7-302. Vacation from public use; authorization.

The governing body of any city or town may vacate from public use any public park or part thereof located within the corporate limits of the city or town in the manner provided in this article.

History. Laws 1965, ch. 112, § 438; W.S. 1957, § 15.1-438; Laws 1980, ch. 38, § 1.

Vacation of park property is a legislative function; and once a city council determines that park property is to be vacated, the courts will not interfere unless the determination is brought about by fraud and collusion or is clearly arbitrary and a grave abuse of discretion. Neel v. Laramie, 488 P.2d 1056, 1971 Wyo. LEXIS 250 (Wyo. 1971).

Benefit to abutting owner does not vitiate vacation. —

The mere fact that an abutting owner might receive some benefit will not of itself vitiate a vacation ordinance or furnish grounds to enjoin the vacation; and that is particularly true if there is evidence from which it can be determined that a public purpose is served. Neel v. Laramie, 488 P.2d 1056, 1971 Wyo. LEXIS 250 (Wyo. 1971).

§ 15-7-303. Vacation from public use; hearing; notice; contents; objections.

If the governing body considers it to be in the public interest to vacate any public park or part thereof from the public use to which it was dedicated, it shall 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 prior to the hearing in a newspaper published in the county in which the city or town is located, or if there is no newspaper published in that county, then in a newspaper published in this state and of general circulation in that county. The notice shall contain a statement of the time, place and purpose of the hearing, the reason for the proposed vacation and shall provide that any person objecting to the proposed vacation shall file his objections with the city or town clerk in writing at least twenty-four (24) hours before the time of the hearing.

History. Laws 1965, ch. 112, § 439; W.S. 1957, § 15.1-439; Laws 1980, ch. 38, § 1.

Stated in

Neel v. City of Laramie, 488 P.2d 1056, 1971 Wyo. LEXIS 250 (Wyo. 1971).

§ 15-7-304. Vacation from public use; hearing; how conducted; order; record.

Any resident of the city or town, having filed his objections, may appear at the hearing and protest the proposed vacation. Any other resident of the city or town may appear at the hearing and offer evidence in support of the proposed vacation. If the governing body then finds that the vacation of the property from 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 the public hearing, including the findings of the governing body, shall be made a part of the minutes of the regular or special meeting of the governing body at which the hearing was conducted.

History. Laws 1965, ch. 112, § 440; W.S. 1957, § 15.1-440; Laws 1980, ch. 38, § 1.

§ 15-7-305. Vacation from public use; cessation of duties; disposal.

Upon the passage of an ordinance vacating the property from public use, the city or town is relieved of all obligations to the public for maintaining the property as a public park, and it may dispose of the property in any manner provided by law.

History. Laws 1965, ch. 112, § 441; W.S. 1957, § 15.1-441; Laws 1980, ch. 38, § 1.

Use of property by private persons permitted. —

There can be no sound reason why, when property is not required for public purposes, the city may not permit its use by private persons, especially when the city has determined that the use is in the public interest. Neel v. Laramie, 488 P.2d 1056, 1971 Wyo. LEXIS 250 (Wyo. 1971).

Article 4. Board of Public Utilities

§ 15-7-401. Establishment; powers and duties generally.

Any city or town which owns and operates a municipal waterworks, a sanitary sewer system, a sewage disposal plant or an electric utility distribution system may establish a board of commissioners to be known as the board of public utilities. The board of public utilities shall manage, operate, maintain and control such plants and make all rules and regulations necessary for their safe, economical and efficient operation and management. The board may also improve, extend or enlarge the plants as provided in this article.

History. Laws 1965, ch. 112, § 442; W.S. 1957, § 15.1-442; Laws 1980, ch. 38, § 1.

Cross references. —

For constitutional provision as to power of municipal corporations relative to the acquisition of water rights, see art. 13, § 5, Wyo. Const.

As to construction and improvement of works for conservation and utilization of water, see art. 16, § 10, Wyo. Const.

For general state law relative to water, see title 41.

Validity. —

Section is not invalid for failure to give people opportunity to vote as to whether or not board of public utilities should be created. Stewart v. Cheyenne, 60 Wyo. 497, 154 P.2d 355, 1944 Wyo. LEXIS 20 (Wyo. 1944).

Utility board may be elected or appointed. —

Legislature may constitutionally grant to municipal corporation right to elect or appoint board of public utilities. Stewart v. Cheyenne, 60 Wyo. 497, 154 P.2d 355, 1944 Wyo. LEXIS 20 (Wyo. 1944).

Am. Jur. 2d, ALR and C.J.S. references. —

Municipality's duty and liability with respect to excavations made by abutting owner to connect his property with service mains and street, 13 ALR2d 922.

Municipality's constructive notice with respect to excavation made by abutting owner who connects his property with service mains in street, 13 ALR2d 922.

§ 15-7-402. Appointment, qualifications, terms and removal of members; vacancies.

The board of public utilities shall consist of five (5) members to be appointed by the mayor with the advice and consent of the governing body. Members appointed shall be persons of business experience, not less than thirty (30) years of age, citizens of the United States and for five (5) years immediately preceding their appointment residents of the city or town. One (1) member of the board shall 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 be appointed for a term of six (6) years. Any member of the board may be removed by the mayor with the concurrence of the governing body for cause other than politics or religion after public hearing. The mayor shall fill any vacancy by appointment for the unexpired term only.

History. Laws 1965, ch. 112, § 443; W.S. 1957, § 15.1-443; Laws 1980, ch. 38, § 1.

§ 15-7-403. Officers; meetings; records; salaries.

The board shall elect from their own number a president and a secretary and hold meetings 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 and keep a record of its proceedings. All meetings, records and accounts of the board are public. Three (3) members constitute a quorum for the transaction of business. The salaries of the members of the board shall be fixed by ordinance, but may not exceed six hundred dollars ($600.00) each per year.

History. Laws 1965, ch. 112, § 444; W.S. 1957, § 15.1-444; Laws 1980, ch. 38, § 1.

Cross references. —

§ 15-7-404. Specific powers and duties; vouchers; civil service or pension system.

The board of public utilities has exclusive control of all municipally owned waterworks, sanitary sewer systems and sewage disposal plants, or any of them, as specified by ordinance. The board is charged with producing and supplying the city or town and its inhabitants with water for domestic and industrial purposes, and for public use, and may sell and dispose of any surplus outside of the city or town. The board may also furnish surplus sanitary sewer facilities to persons outside of the city or town.
The board may:
1. Hire and discharge all employees and agents of these departments and fix their compensation;
2. Purchase all machinery, tools and other appliances and all materials and supplies necessary for the purposes of the departments;
3. 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 convenient for carrying out the purposes of the board, including office space and equipment for carrying on the business of these departments;
4. Establish all reasonable rules and regulations to protect the rights and property vested in the city or town and under control of the board;
5. Issue vouchers or warrants in payment of all claims and accounts incurred by the board for its departments. When the vouchers or warrants are approved by the board the city or town treasurer shall pay and charge them against the proper funds.
The board may:
1. Provide for either civil service status or pension system, or both, for its employees, which shall be under the supervision and subject to the order of the board;
2. Withhold two percent (2%) of the wages of its employees to be placed in a fund to be known as “utilities department pension fund”;
3. Set aside and place in the pension fund each month, an amount not to exceed three (3) times the total amount of two percent (2%) deducted each month from employees’ wages for pension purposes.
Disbursements from the pension fund shall be made in the same manner as other disbursements and payments made pursuant to this article.

History. Laws 1965, ch. 112, § 445; W.S. 1957, § 15.1-445; Laws 1980, ch. 38, § 1.

§ 15-7-405. Director of utilities; superintendent; office manager; utility attorney.

The board of public utilities may select and appoint and fix the salaries of the following persons, who serve at the board’s pleasure:
1. A director of utilities;
2. A superintendent;
3. An office manager; and
4. A utility attorney, who shall not be required to perform any service other than legal service.
Each appointee shall:
1. Be a competent person thoroughly qualified for his position by training and experience as the board requires;
2. Give a good and sufficient surety bond to the city or town in the sum fixed and approved by the board conditioned upon the faithful performance of his duties. The cost of each bond shall be paid out of the revenue of these plants. If the board is operating more than one (1) plant the cost of the bond shall be paid pro rata out of the revenue of the plants;
3. Perform all duties as prescribed and required by the board.
The director of utilities, if one is appointed, has general supervision over all activities, property and employees of the board. The board may 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 their salaries with the consent of the board.
Under direction of the board and of the director of utilities, if one is appointed, the superintendent shall:
1. Manage and control the water plant and its distribution system, the sanitary sewer system including sewage disposal plant or plants and the electric utility distribution system;
2. Supervise and inspect all parts of the plants and see that they are maintained in good condition for use and that all employees attend to their respective duties;
3. Keep in good repair all machinery and other property; and
4. Advise the board and director of utilities, if one is appointed, as to the needs of the plants.
All employees, servants and agents of these plants, when appointed by the board, are under the immediate control and management of the director of utilities and the superintendent.
Under direction of the board and of the director of utilities, if one is appointed, the office manager shall keep a regular set of books for the water department, the sanitary sewer department and the electric utility distribution system showing in detail their business transactions. Immediately following the close of each month he shall make any reports to the board, the director of utilities and the governing body of the city or town, as they require, showing the transactions of the preceding month and the financial conditions of the departments. The reports shall include a correct account of all collections, appropriations, expenditures and approved claims entitled to payment. The board may appoint assistants to the office manager as it deems necessary.

History. Laws 1965, ch. 112, § 446; W.S. 1957, § 15.1-446; Laws 1969, ch. 190, § 1; 1980, ch. 38, § 1; 1989, ch. 47, § 1.

Cross references. —

Office manager's salary fixed by board. —

Office manager who is under control of board of public utilities is an employee and not an officer, and his salary need not be fixed by legislature. Stewart v. Cheyenne, 60 Wyo. 497, 154 P.2d 355, 1944 Wyo. LEXIS 20 (Wyo. 1944).

§ 15-7-406. Agents, servants and employees.

The board shall make all appointments and hire all agents, servants and employees of the departments, fix their compensation and determine their qualifications, considering only the relative capacity of applicants, their moral, physical and health qualifications and when appropriate, their qualifications for manual labor. All appointments shall be made on the basis of merit alone, and no appointment may be made on account of political services or affiliations. All agents, servants and employees shall hold their offices at the board’s pleasure.
The board may delegate the authority to hire, promote, transfer, demote and discharge its employees to a director of utilities, if one is appointed.

History. Laws 1965, ch. 112, § 448; W.S. 1957, § 15.1-448; Laws 1980, ch. 38, § 1; 1989, ch. 47, § 1.

Cross references. —

For authority of board of public utilities to establish a civil service and pension system for its employees, see § 15-7-404 .

§ 15-7-407. Consumer rates; depreciation.

The board shall fix the rates for water, sanitary sewer services and electric service furnished to customers, and any revision thereof is subject to the local governing body’s review, modification and approval. The rates shall secure an income sufficient to:
1. Pay the interest charges and principal payments on all bonds issued to pay the purchase price, construction cost, extensions and enlargements of the respective systems as they are due;
2. Pay all salaries and wages of the officers and employees;
3. Cover the cost of all materials and supplies used in the operation of the plants;
4. Cover all miscellaneous expenses;
5. Cover all usual extensions and enlargements, together with a reasonable allowance for emergency and unforeseen expenses; and
6. Provide and maintain a depreciation fund for each department.
The board shall account for the depreciation of the water plant and of the sanitary sewer system, including sewage disposal plant or plants, using rates of depreciation approved by the board and the local governing body. The depreciation fund shall be used only to pay for replacements and additions to the waterworks, sanitary sewer systems and sewage disposal plants. Replacements and additions shall be capitalized and the capital value added to the value of the systems to establish the value of the plants for depreciation purposes. The local governing body may by ordinance fix special rates for water, electric or sanitary sewer services furnished to the governing body of the city or town for public purposes, or to organized institutions of charity, or to any person who is eligible for assistance under W.S. 39-11-109(c)(ii) through (vii).

History. Laws 1965, ch. 112, § 449; W.S. 1957, § 15.1-449; Laws 1971, ch. 50, § 1; 1980, ch. 38, § 1; ch. 43, § 1; 1991, ch. 43, § 1; 1998, ch. 5, § 2.

Am. Jur. 2d, ALR and C.J.S. references. —

Discrimination between property within and that outside municipality or other governmental district as to public service or utility rates, 4 ALR2d 595.

Validity and construction of regulation by municipal corporation fixing sewer-use rates, 61 ALR3d 1236.

§ 15-7-408. Use of surplus water or sewage funds.

The board of public utilities shall use any surplus funds arising from the sale of water or sewage services for the purchase and cancellation of any bonds issued to pay the purchase price of the water or sewer plants or the cost of their construction, extension and enlargement. The board shall not pay for any bonds any 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 bond purchased, or pay more than the actual market price of the bonds at the time of purchasing them. Any surplus after the purchase of bonds shall be paid into the general fund of the city or town.

History. Laws 1965, ch. 112, § 450; W.S. 1957, § 15.1-450; Laws 1980, ch. 38, § 1.

§ 15-7-409. Meter deposit fund; investment; interest; repayment.

The board of public utilities of any city or town engaged in the business of supplying water or electricity to its inhabitants which requires deposits to be made on water meters or electric meters furnished its customers, shall place all monies received from the deposits in a separate fund. The fund may be invested 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 pledged for the payment of general obligations or revenue bonds, may annually be transferred and paid into the general fund of the city or town. Any person who has made or makes a deposit on a water meter or electric meter is entitled only to the repayment of the principal amount of his deposit.

History. Laws 1965, ch. 112, § 451; W.S. 1957, § 15.1-451; Laws 1980, ch. 38, § 1.

§ 15-7-410. Treasurer; duties; bond.

The treasurer of the city or town is ex officio treasurer of the board of public utilities. All funds and property in his hands belonging to these departments are subject to the board’s control, and he shall receive and receipt for the money collected by the employees of the board and pay out those funds when ordered by the board upon warrants signed by its president and countersigned by the office manager, certifying that the warrant is issued by the board’s authority. He shall also cooperate with the office manager and supply him with official information to permit the making of the monthly reports provided for in W.S. 15-7-405 , and any other information the board requires. As ex officio treasurer to the board, he shall give a surety bond in the sum approved by the board. The board shall pay the cost of the bond in the same manner as provided for other bonds in this article.

History. Laws 1965, ch. 112, § 452; W.S. 1957, § 15.1-452; Laws 1980, ch. 38, § 1.

§ 15-7-411. Duty of city clerk.

The clerk of the city or town shall furnish the board with copies of all ordinances, resolutions, agreements, contracts and other records the board requires.

History. Laws 1965, ch. 112, § 453; W.S. 1957, § 15.1-453; Laws 1980, ch. 38, § 1.

§ 15-7-412. Additional powers and duties.

In so far as applicable the board of public utilities shall exercise all other powers and duties under acts and part of acts relating to water plants and sanitary sewer systems, including sewage disposal plants, in cities and towns.

History. Laws 1965, ch. 112, § 454; W.S. 1957, § 15.1-454; Laws 1980, ch. 38, § 1.

Article 5. Sewerage Systems

Cross references. —

As to sanitary and improvement districts, see §§ 35-3-101 to 35-3-124 .

For duty of every public or private utility furnishing water to the public to make periodical bacteriological analysis of water, see § 35-4-221 .

Am. Jur. 2d, ALR and C.J.S. references. —

56 Am. Jur. 2d Municipal Corporations §§ 569 to 572 and 574; 70A Am. Jur. 2d Special or Local Assessments § 30.

Liability of municipal corporation for damages for maintenance of sewer disposal plant as nuisance, 40 ALR2d 1177.

Municipal operation of sewage disposal plant as governmental or proprietary function, for purposes of tort liability, 57 ALR2d 1336.

Drains or sewers, municipality's liability for damage resulting from obstruction or clogging of, 59 ALR2d 281.

Sewer or drain, municipality's liability arising from negligence or other wrongful act of its officer, agent, or employee in carrying out construction or repair of, 61 ALR2d 874.

Liability of abutting landowner for injury to municipal employee engaged in constructing or repairing sewers or drains, 58 ALR3d 1085.

§ 15-7-501. Definition.

As used in this article, “sewerage system” means a sewerage treatment plant, or plants, collecting, intercepting and outlet sewers, force mains, conduits, pumping stations, ejector stations and all other appurtenances or improvements, or any of them, necessary or useful and convenient for the collection, treatment and disposal, in a sanitary manner, of sewage and industrial wastes.

History. Laws 1965, ch. 112, § 455; W.S. 1957, § 15.1-455; W.S. 1977, § 15-7-430; Laws 1980, ch. 38, § 1.

§ 15-7-502. General powers and duties; bonds and contracts generally.

Any city or town may:
1. Construct, reconstruct, improve and extend, or acquire, improve, extend and operate a sewerage system, within or without its corporate limits and may apply for and accept loans or grants or any other aid from the United States of America or any agency or instrumentality thereof under any federal law to aid in the prevention and abatement of water pollution, or may borrow money from any other source;
2. Issue its revenue bonds for the purposes specified in paragraph (i) of this subsection, payable solely from the revenues derived from the operation of the sewerage system;
3. Enter into contracts and agreements with other local public bodies covering the joint construction, operation and maintenance of a sewerage system;
4. Accept contributions and other aid from commercial, industrial and other establishments to aid in the prevention or abatement of water pollution, and in furtherance of that purpose enter into contracts and agreements with commercial, industrial and other establishments covering the:
  1. Collection, treatment and disposal of sewage and industrial wastes from any commercial, industrial and other establishments;
  2. Use and operation by any city or town of sewerage collection, treatment and disposal facilities owned by any commercial, industrial and other establishment; and
  3. Coordination of the sewage collection, treatment and disposal facilities of the city or town with the sewage collection, treatment, and disposal facilities of commercial, industrial and other establishments.
5. Provide for the operation as a single enterprise of its waterworks and sewerage systems;
6. Issue refunding revenue bonds to refund, pay or discharge all or any part of its outstanding sewer revenue bonds, including interest, if any, in arrears or about to become due, provided the relevant provisions of this article pertaining to revenue bonds for sewerage systems are applicable in the authorization and issuance of refunding revenue bonds, including their terms and security, the bond ordinance, rates and other aspects of the bonds, except it is not necessary to submit the proposition of issuing refunding revenue bonds to a vote of the people of the city or town.
The bonds specified in paragraph (a)(ii) of this section may be issued with maturities not exceeding forty (40) years and in the amounts necessary to provide sufficient funds to pay all the costs of construction, improvement, reconstruction, extension or acquisition, extension and improvements of the sewerage system, including engineering, legal and other expenses, together with interest to a date six (6) months after the estimated date of completion. The bonds shall bear interest at a designated rate or rates payable annually, semiannually or at other designated intervals and shall mature at a time or serially at times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the governing body. Bonds issued under the provisions of this article are negotiable instruments and shall be executed by the mayor and clerk and sealed with the corporate seal of the city or town. If an officer whose signature appears on the bonds or coupons ceased [ceases] to be an officer before delivery of the bonds, the signatures remain valid and sufficient for all purposes the same as if the officer had remained in office until their delivery.
Repealed by Laws 1985, ch. 209, § 3.
If the governing body determines to operate its waterworks and sewerage system as a single enterprise pursuant to paragraph (a)(v) of this section, it may issue revenue bonds in the manner provided in this article, payable solely from the revenue derived from the operation of the combined waterworks and sewerage system to pay for improvements, additions and extensions to the combined waterworks and sewer systems. If there are any outstanding bonds payable solely from the revenue of the waterworks or sewerage systems, or from the combined waterworks systems, the new bonds may include an amount sufficient to retire the outstanding bonds or may be made subordinate to the outstanding bonds with respect to the payment of principal, interest and security. Any law which requires that revenue derived from the operation of a waterworks system by a city or town applies only to the payment of the principal and interest of water bonds is inapplicable if the municipality operates its waterworks and sewerage system as a single enterprise, and in that case the revenues derived from operation of the water system may be used to retire either water bonds or sewerage system bonds.

History. Laws 1965, ch. 112, § 456; W.S. 1957, § 15.1-456; Laws 1969, ch. 88, § 1; 1971, ch. 254, § 9; W.S. 1977, § 15-7-431; Laws 1980, ch. 38, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1; 1985, ch. 209, § 3.

Applied in

Coulter v. City of Rawlins, 662 P.2d 888, 1983 Wyo. LEXIS 311 (Wyo. 1983).

Law reviews. —

For comment, “The Municipal Action Exemption to the Federal Antitrust Laws: Increased Antitrust Exposure for Wyoming Cities and Towns,” see XIX Land & Water L. Rev. 673 (1984).

§ 15-7-503. Ordinance for construction; required and authorized provisions; existing bonds validated.

If the governing body determines to construct, reconstruct, acquire, improve or extend a sewerage system and to issue bonds under the provisions of this article to pay the costs, it shall adopt an ordinance generally describing the contemplated project and refer to its plans and specifications which are open for public inspection. The ordinance shall:
1. Set out the estimated cost of the project;
2. Determine the period of its usefulness;
3. Fix the:
  1. Amount of revenue bonds proposed to be issued;
  2. Maturity or maturities;
  3. Interest rate; and
  4. Other details in connection with the bonds.
4. Pledge the revenues derived from the operation of the sewerage system to:
  1. Pay the cost of operation and maintenance of the system;
  2. Provide an adequate depreciation fund; and
  3. Pay the principal and interest of the bonds.
The ordinance may:
1. Provide that the bonds, or those specified, to the extent and in the manner prescribed, shall be subordinated to any other bonds payable from the revenues of the sewerage system as are specified in the ordinance;
2. Contain any covenants and restrictions upon the issuance of additional 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;
3. Provide that the revenue bonds or any part thereof may be sold to the state of Wyoming or the United States of America or any agency or instrumentality thereof at a private sale, without advertisement, for not less than par and accrued interest;
4. Provide that the bonds are redeemable with or without premium at the time or place the governing body provides;
5. Provide that the governing body may discontinue the water supply of any person for nonpayment of the sewer service charge.
All revenue bonds issued pursuant to this article, which are outstanding on the effective date of this act, the right to the payment of which has not been barred by any pertinent statute of limitations, and all acts and proceedings heretofore had or taken, or purportedly had or taken by or on behalf of any city or town under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of those revenue bonds, are validated, including but not necessarily limited to the terms, provisions, conditions and covenants of any resolution or ordinance appertaining thereto. Those outstanding revenue bonds are binding and enforceable obligations of the city or town issuing them in accordance with their terms and their authorizing proceedings.

History. Laws 1965, ch. 112, § 457; W.S. 1957, § 15.1-457; Laws 1969, ch. 88, § 2; 1971, ch. 254, § 10; 1975, ch. 136, § 1; W.S. 1977, § 15-7-432(a)-(d); Laws 1980, ch. 38, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1.

Editor's notes. —

Laws 1969, ch. 88, § 3, makes the act effective upon approval. Approved February 20, 1969.

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 15-1-101(a)(xv).

§ 15-7-504. Refunding revenue bonds; purpose; required procedure; exceptions thereto.

Any city or town may issue refunding revenue bonds:
1. To refund and discharge or extend or shorten the maturities of 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;
2. For the purpose of reducing interest costs or effecting other economies; or
3. For the purpose of modifying or eliminating restrictive contractual limitations as pertained to the issues of additional bonds, otherwise concerning the outstanding bonds or to any facilities as pertained thereto.
Any refunding specified in subsection (a) of this section shall be accomplished in the manner prescribed by W.S. 16-5-102 through 16-5-119 , as from time to time amended, except that refunding revenue bonds so authorized do not constitute a debt of the city or town within the meaning of any constitutional or statutory limitation, nor shall any tax be levied or other revenue be pledged for the payment thereof, except for the special funds authorized under this article.

History. Laws 1965, ch. 112, § 457; W.S. 1957, § 15.1-457; Laws 1969, ch. 88, § 2; 1971, ch. 254, § 10; 1975, ch. 136, § 1; W.S. 1977, § 15-7-432(e), (f); Laws 1980, ch. 38, § 1; 1981, ch. 143, § 1.

§ 15-7-505. [Repealed.]

Repealed by Laws 1981, ch. 62, § 2.

Cross references. —

For provisions relating to the authorization for local governments to issue notes in anticipation of the issuance of bonds by local governments, see §§ 16-5-401 through 16-5-412 .

Editor's notes. —

This section, which derived from Laws 1973, ch. 200, § 1, related to anticipation notes.

§ 15-7-506. Bonds payable from revenues and not considered indebtedness.

All bonds issued under the provisions of this article are payable solely from the revenues derived from the operation of the sewerage system and do not constitute an indebtedness of the city or town within the meaning of any constitutional or statutory provision. The face of each bond shall state that it has been issued under the provisions of this article, and that it does not constitute an indebtedness of the city or town within any constitutional or statutory limitation.

History. Laws 1965, ch. 112, § 458; W.S. 1957, § 15.1-458; W.S. 1977, § 15-7-434; Laws 1980, ch. 38, § 1.

Revenue bonds not debt of municipality. —

The legislature, by virtue of the enactment of this section, has interpreted revenue bonds not to be a debt of a municipality within the meaning of art. 16, § 5, Wyo. Const.Laverents v. City of Cheyenne, 67 Wyo. 187, 217 P.2d 877, 1950 Wyo. LEXIS 11 (1950) (decided under former similar provisions).

Thus, bonds payable from income of system not unconstitutionaldebt. —

An ordinance enacted pursuant to this section providing for the issuance of revenue bonds to pay for the construction of a sewerage disposal plant, as an addition to the present sewerage system, and providing for the payment of the principal and interest of the bonds out of the income from the entire sewerage system, including the present system, as well as the sewage disposal plant to be constructed, did not create a debt within the meaning of that term as used in art. 16, § 5, Wyo. Const.Laverents v. Cheyenne, 67 Wyo. 187, 217 P.2d 877, 1950 Wyo. LEXIS 11 (Wyo. 1950).

§ 15-7-507. Revenues; deposit in fund; uses thereof.

All revenues derived from the operation of the sewerage system shall be set aside as collected and deposited in a special fund to be used only for:
1. Paying the cost of operating and maintaining the system;
2. Providing an adequate depreciation fund; and
3. Paying the principal and interest on the bonds issued under this article.

History. Laws 1965, ch. 112, § 459; W.S. 1957, § 15.1-459; W.S. 1977, § 15-7-435; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Applied in

Coulter v. City of Rawlins, 662 P.2d 888, 1983 Wyo. LEXIS 311 (Wyo. 1983).

§ 15-7-508. Rates; general; amounts; special.

Any city or town borrowing money or receiving grants and improving, constructing or acquiring and improving a sewerage system, shall collect a charge from the users of the system at a rate sufficient to:
1. Pay the cost of operating and maintaining the system;
2. Provide an adequate depreciation fund;
3. Pay the principal and interest on the bonds issued; and
4. Repay grants.
Any city or town owning and operating a sewerage system constructed or acquired under the provisions of any law may provide by ordinance that the users of the system pay a service rate sufficient to pay the cost of operating and maintaining the system and to provide an adequate depreciation fund.
Any city or town may fix special rates as provided in W.S. 15-7-407 .

History. Laws 1965, ch. 112, § 460; W.S. 1957, § 15.1-460; Laws 1975, ch. 136, § 1; W.S. 1977, § 15-7-436; Laws 1980, ch. 38, § 1; ch. 43, § 1.

Cities to charge connection and use fees. —

Wyoming statutory provisions grant a city the power to levy sewer and water connection charges and to charge users of the systems in order to pay the costs of maintaining, operating, and expanding them. Coulter v. Rawlins, 662 P.2d 888, 1983 Wyo. LEXIS 311 (Wyo. 1983).

Construction charge not tax. —

A service charge imposed under authority of this section for paying for the construction of a sewerage disposal plant was not a tax. Laverents v. Cheyenne, 67 Wyo. 187, 217 P.2d 877, 1950 Wyo. LEXIS 11 (Wyo. 1950).

Subsection applies to all sewer system users alike. —

Subsection (b) of this section authorizes a service charge for (1) operation and maintenance and (2) for a depreciation fund, but fails to refer to the payment of principal and interest. This portion applies to all users of the sewer system alike including those connected to a portion of the sewer system for which construction costs were previously paid. Antlers Hotel v. Newcastle, 80 Wyo. 294, 341 P.2d 951, 1959 Wyo. LEXIS 37 (Wyo. 1959).

Quoted in

Tavern, LLC v. Town of Alpine, 2017 WY 56, 395 P.3d 167, 2017 Wyo. LEXIS 57 (Wyo. 2017).

§ 15-7-509. Change of rates; recovery of unpaid charges; accounts.

The charges for the use of the sewerage system may be changed from time to time and except as otherwise provided in W.S. 15-7-407 shall be fixed at a rate which equitably distributes the cost of service among the users. If any service charge is not paid within thirty (30) days after it is due, the amount thereof, together with a penalty of ten percent (10%), and a reasonable attorney’s fee, may be recovered in a civil action by the city or town.
Any city or town issuing bonds under this article shall maintain a proper system of accounts showing the amount of revenue received from the sewerage system and its application. At least once each year the accounts shall be properly audited and a report of the audit shall be open for inspection at all proper times to any taxpayer, sewerage system user or any holder of any bond issued under this article, or their respective representatives.

History. Laws 1965, ch. 112, § 461; W.S. 1957, § 15.1-461; W.S. 1977, § 15-7-437; Laws 1980, ch. 38, § 1; ch. 43, § 1.

Use of both flat rate and meters not discriminatory. —

A flat rate in some cases where others pay by meters is not per se illegal or arbitrary or discriminatory and is not per se an unjust rate. Antlers Hotel v. Newcastle, 80 Wyo. 294, 341 P.2d 951, 1959 Wyo. LEXIS 37 (Wyo. 1959).

§ 15-7-510. Compelling officials to perform duties.

The holder of any bond issued under this article, or of any coupon representing interest accrued thereon, by proper suit, may compel the officials of the city or town to perform all duties imposed upon them by this article.

History. Laws 1965, ch. 112, § 462; W.S. 1957, § 15.1-462; W.S. 1977, § 15-7-438; Laws 1980, ch. 38, § 1.

§ 15-7-511. Issuance of revenue bonds.

Revenue bonds under this article shall be issued in accordance with the requirements of W.S. 15-7-102 insofar as it refers to submitting the proposition to a vote of the people and when not in conflict with the provisions of this article.

History. Laws 1965, ch. 112, § 464; W.S. 1957, § 15.1-464; W.S. 1977, § 15-7-440; Laws 1980, ch. 38, § 1.

§ 15-7-512. Special assessments; purposes; property included; amount; unplatted areas; nonpayment.

Any city or town may make special assessments for the construction of sewers and water mains. The assessments shall be made on all lots and pieces of ground to the center of the block, or if the sewers or water mains are constructed in an alley, then on all lots and pieces of ground to the nearest 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 the lots or pieces of ground without regard to the buildings or improvements. The amount to be paid by each property holder shall be determined by dividing the expenses of the construction of the proposed sewer or water main among all the property holders for the benefit of whose property the sewer or water main is to be constructed. In the case of unplatted acreage within the city limits, the city or town shall consider that only the first seventy-five (75) feet in each direction 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 service from the sewer or water main, that property shall be assessed its proportionate share. The amount to be assessed against each property holder shall be in proportion to the number of square feet each owns to the entire number of square feet assessed for the expense of the construction.
The city or town may adopt ordinances providing for the manner of sale, redemption and conveyance of lands sold for nonpayment of the special assessments.

History. Laws 1965, ch. 112, § 466; W.S. 1957, § 15.1-466; 1967, ch. 156, § 1; W.S. 1977, § 15-7-442; Laws 1980, ch. 38, § 1.

Constitutionality. —

This section is not unconstitutional as a local or special law within art. 3, § 27, Wyo. Const.McGarvey v. Swan, 17 Wyo. 120, 96 P. 697, 1908 Wyo. LEXIS 11 (Wyo. 1908).

Relation of provisions applicable to first class cities. —

First class city which issued sewer bonds under statute authorizing assessments according to area and distance may take preliminary steps and apportion assessments according to area only as provided by later act applicable to all towns and cities. Henning v. Casper, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 4 (Wyo.), reh'g denied, 50 Wyo. 1, 57 P.2d 1264, 1936 Wyo. LEXIS 3 (Wyo. 1936).

Where city of Cheyenne followed procedure authorized by statute for making local improvements in levying assessment for sewer line, procedure was proper as against contention that other statutes relating to construction of sewers in first class cities were exclusive. 57 Wyo. 121, 113 P.2d 958, 1941 Wyo. LEXIS 24 .

School district not exempt from sewer assessment. —

School district property is not exempt from liability for payment of its proportionate share of special assessment for sewer line constructed by municipality in vicinity of school building. 57 Wyo. 121, 113 P.2d 958, 1941 Wyo. LEXIS 24 .

District liable where it benefits from construction. —

School district is liable for payment of proportionate share of special assessment for new lateral sewer line by construction of which it would benefit, where evidence established district previously connected school building with main line without cost. 57 Wyo. 121, 113 P.2d 958, 1941 Wyo. LEXIS 24 .

And funds may be used for health purposes. —

To use funds to increase and preserve health and welfare of pupils and teaching staff of schools is one of the highest and most important uses to which school moneys could be applied. 57 Wyo. 121, 113 P.2d 958, 1941 Wyo. LEXIS 24 .

Cited in

Coulter v. City of Rawlins, 662 P.2d 888, 1983 Wyo. LEXIS 311 (Wyo. 1983).

§ 15-7-513. [Repealed.]

Repealed by Laws 1981, ch. 174, § 3.

Editor's notes. —

This section, which derived from Laws 1965, ch. 112, § 463, related to right of eminent domain.

§ 15-7-514. Provisions cumulative.

The provisions of this article are cumulative, conferring additional power on cities and towns and are not limitations upon their powers to construct, acquire and improve and operate sewerage systems.

History. Laws 1965, ch. 112, § 465; W.S. 1957, § 15.1-465; W.S. 1977, § 15-7-441; Laws 1980, ch. 38, § 1.

§ 15-7-515. [Repealed.]

Repealed by Laws 2010, ch. 69, § 204.

Editor's notes. —

This section, which derived from Laws 1983, ch. 185, § 1; 1998, ch. 13, § 1, related to state loan and investment board to administer construction grants, eligibility, regulations, and applications.

Cross references. —

As to Wyoming state loan and investment board, see § 11-34-102 .

§ 15-7-516. Conditions on the connection of municipal sewer service.

Notwithstanding any provision of law to the contrary, no city or town shall condition the connection of a municipal sewer system to a property on the inclusion of any deed restriction for that property or any other property that requires the development or provision of affordable housing. Nothing herein shall contravene the discretion of cities and towns to deny connection to the municipal sewerage system.
As used in this section, “affordable housing” means residential housing that is rented to or owned by a person who qualifies as a low income or moderate income household, however defined.

History. Laws 2021, ch. 164, § 1.

Effective date. —

Laws 2021, ch. 164, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 21, 2021.

Article 6. Agreements to Furnish Water

Cross references. —

As to drinking water standards, see §§ 35-4-220 to 35-4-224 .

For general state law relative to water, see title 41.

Cited in

Barber v. City of Douglas, 931 P.2d 948, 1997 Wyo. LEXIS 19 (Wyo. 1997).

Am. Jur. 2d, ALR and C.J.S. references. —

56 Am. Jur. 2d Municipal Corporations §§ 560, 561 and 564 to 566; 70A Am. Jur. 2d Special or Local Assessments § 31; 78 Am. Jur. 2d Waterworks and Water Companies §§ 18 to 20, 23, 24.

Propriety of injunctive relief against diversion of water by municipal corporation or public utility, 42 ALR3d 426.

Liability of water supplier for damages resulting from furnishing impure water, 54 ALR3d 936.

§ 15-7-601. Extension of system; within corporate limits.

Any city or town owning its municipal water system or plant may enter into agreements with the owners of lands who desire to have the water system extended to their property within the corporate limits of the city or town. The land owners shall agree to pay to the city or town a stipulated amount, in installments 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 the charges a lien upon their respective lands. When the agreement has been filed with the city or town clerk, the charges become a lien upon the lands. Any city or town, by ordinance, may prescribe the rules and regulations governing the agreements and provide for the enforcement of the lien.

History. Laws 1965, ch. 112, § 467; W.S. 1957, § 15.1-467; W.S. 1977, § 15-7-460; Laws 1980, ch. 38, § 1.

§ 15-7-602. Extension of system; outside corporate limits; rates; existing contracts; controversies; appeal.

All cities and towns owning their municipal water system or plant may enter into agreements with customers whose lands lie outside the corporate limits to supply water for their use and needs. The water system may be extended and maintained beyond the corporate limits only if it is economically feasible in the opinion of the governing body. The governing body may finance the extension and maintenance of the water system through revenue bonds or other means granted by law for financing of its water system and improvements. A one-time connection fee reasonably calculated to permit recovery of a proportionate share of the municipality’s infrastructure cost necessary to treat and convey the water may be charged. A one-time fee may also be charged to recover reasonable expenses incurred by the public entity in determining the actual costs of treating and delivering water to the point of connection. Any charges for special services such as customer’s line maintenance shall be in addition to the water rate. The rate established for use of water pursuant to this section is as follows:
1. Notwithstanding any other provision of this section, a city or town whose water supply system is funded in whole or in part by state grants or loans which at any time after April 1, 1999 or later, enters into a new contract or extends an existing contract to supply water to customers outside its corporate limits shall in establishing rates be limited to the actual costs of providing and delivering water as defined by paragraph (ii) of this subsection, except as otherwise provided by W.S. 15-7-407 ;
2. For customers outside their corporate limits beginning April 1, 1999, where the city or town is a recipient of state grants or loans, and except as otherwise provided in W.S. 15-7-407 , the established water rate shall not exceed the actual costs of providing and delivering water to the point of connection to the city’s or town’s water system. Prior to December 1, 1998, or where the city or town is not a recipient of state grants or loans and except as otherwise provided in W.S. 15-7-407, the established rate shall be applied uniformly and shall not exceed two (2) times the established rate within the corporate limits. The governing body of the city or town may establish one (1) or more unincorporated service areas in each of which an average water rate may be used for all customers. As used in this paragraph, “actual costs of providing and delivering water” shall include a proportionate share of the following costs related to the water system:
  1. Fees, interest charges and principal payments on all bonds issued and other indebtedness incurred to construct, purchase or improve the utility;
  2. Salaries and wages of employees;
  3. The cost of materials, supplies, utilities and outside services;
  4. Other costs directly related to the delivery system;
  5. The cost for providing and maintaining a depreciation fund, a fund for emergencies and a fund for acquisition and development of new water rights and water sources;
  6. Administrative and overhead expenses; and
  7. The cost of acquiring, transporting, processing and treating water.
If requested by the party seeking water service from the city or town and upon approval of the city or town, subsection (a) of this section shall not apply if the ratio of the rate charged to customers outside the corporate limits of the city or town to the established rate within the corporate limits are less than one and one-quarter (1.25) to one (1).
The provisions of this section are not subject to certificates of public convenience and necessity of the public service commission. However, if there is a controversy between the municipality and a consumer outside the corporate limits of the municipality with regard to the establishment of rates, maintenance or servicing in a manner other than as contracted for or as provided in this article, the public service commission may review the matter in controversy, hold hearings, take testimony and make recommendations. The commission’s recommendations may be appealed to the district court pursuant to the provisions of the Wyoming Administrative Procedure Act. The ultimate prevailing party shall be awarded a just and reasonable attorneys fee.

History. Laws 1965, ch. 112, § 468; W.S. 1957, § 15.1-468; Laws 1971, ch. 44, § 1; 1977, ch. 127, § 1; W.S. 1977, § 15-7-461; Laws 1980, ch. 38, § 1, ch. 43, § 1; 1998, ch. 118, § 1; 1999, ch. 88, § 1.

Editor's notes. —

Laws 1999, ch. 88, § 2, provides: “Nothing in this act shall prohibit a municipality, joint powers board or other entity from providing water below cost.”

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Scope of authority to review controversy. —

Subsection (c) does not authorize the commission to review every controversy between the municipality and a water consumer outside of the city. State ex rel. Badley v. Sheridan, 513 P.2d 647, 1973 Wyo. LEXIS 178 (Wyo. 1973).

Insofar as the alleged controversy is in regard to servicing under an alleged contract, the commission is not authorized to review. State ex rel. Badley v. Sheridan, 513 P.2d 647, 1973 Wyo. LEXIS 178 (Wyo. 1973).

§ 15-7-603. Supplying federal government authorized; existing contracts confirmed.

Any city or town may enter into and fully perform contracts with the United States government, or any department or representative thereof, or road construction contractor working under a contract with the state transportation commission or with public utility corporations to supply water for their use and needs at any place within the corporate limits of the city or town, or adjacent thereto.
Any contracts entered into by any city or town and the United States government, or any department or representative thereof, or any public utility corporation doing business within the corporate limits or adjacent thereto, are confirmed and are valid and binding contracts, any other law or act to the contrary notwithstanding.

History. Laws 1965, ch. 112, § 469; W.S. 1957, § 15.1-469; W.S. 1977, § 15-7-462; Laws 1980, ch. 38, § 1; 1991, ch. 241, § 3.

§ 15-7-604. Supplying railroads authorized; ratification of existing contracts.

Any city or town may contract to furnish water at and adjacent to the city or town, for a term of years as agreed upon, to:
1. Any railroad company for use in its shops, locomotives and for any other railroad purposes;
2. Any subsidiary or affiliate of any such railroad company whose principal business at or adjacent to the city or town is the furnishing of material or service, or both, to the railroad company;
3. Any industrial user of water whose principal needs for water, at or adjacent to the city or town, are defined as preferred uses of water after the industry or industries has established its own priority.
Any city or town, upon terms and for consideration it considers adequate, may ratify any contract which it has made with regard to supplying water to any railroad for the uses and purposes stated in this section.

History. Laws 1965, ch. 112, §§ 470, 471; W.S. 1957, §§ 15.1-470, 15.1-471; W.S. 1977, §§ 15-7-463, 15-7-464; Laws 1980, ch. 38, § 1.

§ 15-7-605. Purchase authorized.

Any city or town may purchase water from outside its corporate limits upon terms and conditions agreed upon by the parties.

History. Laws 1965, ch. 112, § 472; W.S. 1957, § 15.1-472; W.S. 1977, § 15-7-465; Laws 1980, ch. 38, § 1.

Applied in

Barber v. City of Douglas, 931 P.2d 948, 1997 Wyo. LEXIS 19 (Wyo. 1997).

§ 15-7-606. Use of surplus water funds.

Any city or town shall use any surplus funds arising from the sale of water services for the redemption and cancellation of bonds, if any, issued to pay the purchase price of the water or the cost of the construction, extension and enlargement of the system. The city or town shall not redeem any bonds at any 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 bond purchased, nor pay more than the actual market price of the bonds at the time the bonds are redeemed. Any surplus funds after the redemption of bonds, may be paid from the water enterprise account into the general fund of the city or town. Provided however, sufficient funds, as determined by the governing body, shall be maintained in the water enterprise account to cover debt services, operating costs and reasonable reserves for depreciation of the system and anticipated acquisition of water resources.

History. Laws 2006, ch. 103, § 1.

Effective dates. —

Laws 2006, ch. 103, § 2, makes the act effective July 1, 2006.

Article 7. Waterworks Franchises

§ 15-7-701. Authority to construct; rights of operator; limitations.

The governing body of any city or town may grant the right to construct, maintain and operate a system of waterworks within the corporate limits of the city or town to any corporation organized under the laws of Wyoming for that purpose. Subject to the supervision and control of the governing body, the corporation acquiring a right or franchise to construct waterworks may use the streets and alleys within the corporate limits to put down and operate all pipes, hydrants and other appliances necessary to the complete operation of the works.
However, the governing body shall not grant a franchise:
1. Repealed by Laws 2007, ch. 176, § 1.
2. For more than twenty (20) years at any one time.
Repealed by Laws 2007, ch. 176, § 1.
Nothing in this article shall be construed to restrict, prohibit or otherwise affect the rights of the University of Wyoming under W.S. 21-17-126 .

History. Laws 1965, ch. 112, § 473; W.S. 1957, § 15.1-473; W.S. 1977, §§ 15-7-480, 15-7-486, 15-7-487; Laws 1980, ch. 38, § 1; 1998, ch. 100, § 2; 2007, ch. 176, § 1; 2021, ch. 93, § 2.

Cross references. —

For authority of water and ditch company to issue bonds, see § 17-12-105.

As to drinking water standards, see §§ 35-4-220 to 35-4-224 .

For general state law relative to water, see title 41.

The 2007 amendment repealed former (b)(i), which read: “Until the question has been submitted to the voters of the city or town and approved by a majority thereof casting votes at the election”; repealed former (c), which read: “Any election on the question of granting a franchise shall be governed by the provisions of chapter 23 of the Wyoming Election Code of 1973, as amended.”

Laws 2007, ch. 176, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2007.

The 2021 amendment added (d).

Laws 2021, ch. 93, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 5, 2021.

§ 15-7-702. Supplying water; contract; time limitation.

The governing body may enter into a contract with the corporation to supply the city or town with water for protection from fire, the sprinkling of streets and for other purposes necessary to the health and safety of the city or town. The contract shall not be for more than ten (10) years at any one time and as agreed upon by the parties.

History. Laws 1965, ch. 112, § 474; W.S. 1957, § 15.1-474; W.S. 1977, § 15-7-481; Laws 1980, ch. 38, § 1.

§ 15-7-703. Supplying water; charges; revision; time period; collection.

The corporation receiving the franchise to construct and maintain waterworks shall establish a schedule of prices to be charged for the use of water by consumers. The governing body shall revise or amend the schedule, if necessary, so that the charges are not unreasonable or oppressive. In establishing the water rates the governing body shall take into consideration the cost of construction of the water plant and adjust the rates to be charged upon a basis equitable to all parties. The schedule of prices agreed upon by the governing body are the prices that the corporation may charge and receive for the use of water within the corporate limits. The schedule of prices when fixed is not subject to revision more often than once every two (2) years without the permission of the corporation. The governing body has full authority to collect all water rents and charges due from consumers.

History. Laws 1965, ch. 112, § 475; W.S. 1957, § 15.1-475; W.S. 1977, § 15-7-482; Laws 1980, ch. 38, § 1.

§ 15-7-704. Extension of system and jurisdiction.

The corporation constructing the waterworks may extend it beyond the corporate limits of the city or town. For the purpose of maintaining and protecting the system from injury and the water from pollution, the jurisdiction of the city or town extends over the entire territory occupied by the works.

History. Laws 1965, ch. 112, § 476; W.S. 1957, § 15.1-476; W.S. 1977, § 15-7-483; Laws 1980, ch. 38, § 1.

§ 15-7-705. Right to purchase.

The franchise granting the privilege to any corporation to construct and maintain waterworks, shall contain the express condition that the city or town has the right to purchase the waterworks and the franchise with all appurtenances, within twenty (20) years from the date of the franchise, upon reasonable terms agreed upon by the contracting parties.

History. Laws 1965, ch. 112, § 477; W.S. 1957, § 15.1-477; W.S. 1977, § 15-7-484; Laws 1980, ch. 38, § 1.

Municipal water right not acquirable by adverse use. —

Where municipal corporation acquired right by prior appropriation to use of waters of stream for municipal and domestic purposes, junior appropriator cannot acquire any part of it as against municipality by adverse use. Holt v. Cheyenne, 22 Wyo. 212, 137 P. 876, 1914 Wyo. LEXIS 4 (Wyo. 1914).

§ 15-7-706. Right to appropriate and condemn.

The corporation to which the right or franchise is granted may acquire by appropriation all surplus water in any stream, purchase prior water rights and hold and use the water so acquired for the purposes of the corporation. It may also obtain the right-of-way and lands necessary for reservoirs for the water system. The laws of Wyoming relative to condemnation apply as if they were set forth in this article.

History. Laws 1965, ch. 112, § 478; W.S. 1957, § 15.1-478; W.S. 1977, § 15-7-485; Laws 1980, ch. 38, § 1.

Cross references. —

As to eminent domain generally, see §§ 1-26-501 through 1-26-817 and Rule 71.1, W.R.C.P.

§ 15-7-707. Ordinances authorized; rights preserved.

The governing body may pass all ordinances necessary to carry out the provisions of this article.
The powers conferred upon a city or town by this article do not deprive them of any rights or powers conferred upon them by other laws.

History. Laws 1965, ch. 112, §§ 481, 482; W.S. 1957, §§ 15.1-481, 15.1-482; W.S. 1977, §§ 15-7-488, 15-7-489; Laws 1980, ch. 38, § 1.

§ 15-7-708. Existing franchises validated.

All franchises previously granted by the governing body of any city or town for supplying water are valid.

History. Laws 1965, ch. 112, § 483; W.S. 1957, § 15.1-483; W.S. 1977, § 15-7-490; Laws 1980, ch. 38, § 1.

Chapter 8 Funding and Refunding Bonds

Cross references. —

As to power of all cities and towns to levy and collect taxes for various purposes, see § 15-1-103 .

As to issuance and sale of bonds and certificates of indebtedness by cities operating under the city manager form of government, see § 15-4-303 .

As to local improvement bonds generally, in connection with cities and towns, see §§ 15-6-431 to 15-6-436 .

As to issuance of bonds generally by cities and towns in connection with public improvements, see § 15-7-101 et seq.

As to issuance of bonds by cities and towns in connection with sewerage systems, see §§ 15-7-502 to 15-7-506 .

For constitutional provision prohibiting loans, credit or donation by state or any political subdivision thereof, and requiring two-thirds vote of people for works of internal improvement, see art. 16, § 6, Wyo. Const.

As to rate of interest generally, see § 40-14-106(e).

§ 15-8-101. When authorized; conditions; signatures; sale; amount required.

If any city or town creates any indebtedness not in excess of the taxes for the current year to pay expenses incurred in repairing or restoring improvements made necessary by any casualty or accident happening after the annual appropriation is made, or if any judgment is rendered against any city or town, or if any city or town has outstanding any other lawful indebtedness, the governing body may pay, redeem, fund or refund that judgment or indebtedness by issuing the negotiable coupon bonds of the city or town if it can be done at a lower rate of interest, or to the profit and benefit of the city or town.
The bonds shall:
1. Be in denominations as fixed by ordinance;
2. Be numbered from one (1) upward;
3. Be payable within thirty (30) years from the date of issue;
4. Bear interest at a rate designated by the governing body; and
5. Be payable semiannually at the office of the city or town treasurer, or at any other place designated by the governing body.
The bonds may become due serially or be redeemable as specified in the ordinance. They shall be signed by the mayor and countersigned by the clerk and the treasurer of the city or town and may be sold and disposed of in an amount sufficient for the purpose for which they were issued, as determined by the governing body. No bonds may be sold for less than their par value.

History. Laws 1965, ch. 112, § 484; W.S. 1957, § 15.1-484; Laws 1971, ch. 254, § 11; 1980, ch. 38, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1.

Transmittal of funds to pay bonds without security. —

Mayor and city council were authorized to make the city's bonds and interest coupons payable in such place as they saw fit, and to indicate by ordinance to that effect. Failure of council in its contract with fiscal agent in New York to demand security relieved city treasurer from duty of making such demand and he was justified in transmitting moneys to such agent to pay bonds and coupons, without liability for any loss sustained by failure of such agent. City of Casper v. Joyce, 54 Wyo. 198, 88 P.2d 467, 1939 Wyo. LEXIS 6 (Wyo. 1939).

Law reviews. —

For article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” see VII Land & Water L. Rev. 617 (1972).

§ 15-8-102. Register; contents; cancellation.

The bonds shall be registered by the city or town treasurer in a book kept for that purpose. The register shall show:
1. The date of issue;
2. The number;
3. The amount;
4. To whom the bonds were issued; and
5. The date of redemption and payment.
The treasurer shall cause the word “paid” to be cut in the bond and coupon when they are paid.

History. Laws 1965, ch. 112, § 485; W.S. 1957, § 15.1-485; Laws 1980, ch. 38, § 1.

§ 15-8-103. Tax for interest and redemption.

A tax shall be levied and collected annually on all the taxable property within the city or town sufficient to pay the interest on the bonds and redeem them as they become due. The tax shall be levied and collected the same as other taxes of the city or town.

History. Laws 1965, ch. 112, § 486; W.S. 1957, § 15.1-486; Laws 1980, ch. 38, § 1.

§ 15-8-104. Order of redemption.

If serial bonds are issued the city or town shall redeem them as they become due. If redeemable bonds are issued the city or town, during the last half of the term the bonds have to run, shall redeem annually a portion of the principal equal to a sum produced by taking the whole amount of bonds outstanding and dividing it by the number of years the bonds then have to run.

History. Laws 1965, ch. 112, § 487; W.S. 1957, § 15.1-487; Laws 1980, ch. 38, § 1.

§ 15-8-105. Sale or exchange; consideration acceptable; proceeds; redemption notice.

The bonds shall be sold for cash, or may be sold or exchanged for any other city or town indebtedness for the redemption of which they were issued, but no bonds may be sold or exchanged for less than their par value and the accrued interest at the time of disposal. No city or town indebtedness may be redeemed for more than its face value and the interest due. If part of the bonds are sold for money, the proceeds shall be applied exclusively toward the redemption of the indebtedness for which the bonds were issued. The treasurer of the city or town shall give notice of his readiness to redeem the indebtedness and that the interest on it shall cease after thirty (30) days from the date of the notice.

History. Laws 1965, ch. 112, § 488; W.S. 1957, § 15.1-488; Laws 1980, ch. 38, § 1.

Acceptance of bid for bonds. —

Mere fact better bid is subsequently received will not authorize town to ignore its acceptance of valid bid for proposed refunding bonds, and even if acceptance was premature because no specific provision had been made for calling in bonds to be refunded, objection may be cured by subsequent resolution. Diefenderfer v. State, 13 Wyo. 387, 80 P. 667, 1905 Wyo. LEXIS 16 (Wyo. 1905).

Am. Jur. 2d, ALR and C.J.S. references. —

Sale of refunding bonds under par, 33 ALR2d 1145.

§ 15-8-106. Ordinance required.

The governing body of any city or town desiring to issue bonds pursuant to this chapter shall provide for them by ordinance.

History. Laws 1965, ch. 112, § 489; W.S. 1957, § 15.1-489; Laws 1980, ch. 38, § 1.

Sufficiency of ordinance. —

Acceptance of bid for bonds. —

Mere fact better bid is subsequently received will not authorize town to ignore its acceptance of valid bid for proposed refunding bonds, and even if acceptance was premature because no specific provision had been made for calling in bonds to be refunded objection may be cured by subsequent resolution. Diefenderfer v. State, 13 Wyo. 387, 80 P. 667, 1905 Wyo. LEXIS 16 (Wyo. 1905).

Chapter 9 Urban Renewal

Cross references. —

As to housing generally, see § 15-10-101 et seq.

Law reviews. —

For article, “Wyoming's Local Governments and the Quality of Growth — A Preliminary Discussion,” see XIV Land & Water L. Rev. 491 (1979).

Am. Jur. 2d, ALR and C.J.S. references. —

40A Am. Jur. 2d Housing Laws and Urban Redevelopment § 1 et seq.

29A C.J.S. Eminent Domain § 64(1).

Article 1. Urban Development

§ 15-9-101. Short title.

This chapter may be cited as the “Wyoming Urban Renewal Code.”

History. Laws 1965, ch. 140, § 1; W.S. 1957, § 15.1-492; W.S. 1977, § 15-10-101 ; Laws 1980, ch. 38, § 1.

Cited in

Kautza v. City of Cody, 812 P.2d 143, 1991 Wyo. LEXIS 102 (Wyo. 1991).

§ 15-9-102. Legislative findings.

It is hereby found and declared that there exists in municipalities of the state slum and blighted areas (as herein defined) which constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous municipal burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of state policy and state concern.
It is further found and declared that certain slum or blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this act, since the prevailing conditions of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this act, be susceptible to conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; and that salvageable slum and blighted areas can be conserved and rehabilitated through appropriate public action as herein authorized, and the cooperation and voluntary action of the owners and tenants of property in such areas.
It is further found and declared that the powers conferred by this act are for public uses and purposes for which public money may be expended and the power of eminent domain and police power exercised; and that the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.

History. Laws 1965, ch. 140, § 2; W.S. 1957, § 15.1-493; W.S. 1977, § 15-10-102 ; Laws 1980, ch. 38, § 1.

Meaning of “this act.” —

The term “this act” appears to refer to the Wyoming Urban Renewal Code, which was enacted by Laws 1965, ch. 140, and which presently appears as §§ 15-9-101 to 15-9-137 . See, also, § 15-9-101 .

§ 15-9-103. Definitions.

As used in this chapter, unless a different meaning is clearly indicated by the context:
1. “Agency” or “urban renewal agency” means a public agency created by W.S. 15-9-134 ;
2. “Area of operation” means the area within the corporate limits of the municipality and the area within five (5) miles of those limits, except that it may include any area which lies within the territorial boundaries of another incorporated city or town if a resolution has been adopted by the governing body of the other city or town consenting to the inclusion and it may include any unincorporated area within five (5) miles of the corporate limits of the municipality if a resolution has been adopted by the county commissioners of the unincorporated area consenting to the inclusion;
3. “Blighted area” means an area which by reason of the presence of a substantial number of slums, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessments, delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of those factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use. However, if the blighted area consists of open land, the conditions contained in W.S. 15-9-110(b) apply and any disaster area referred to in W.S. 15-9-112 constitutes a “blighted area”;
4. “Bonds” means any bonds, notes, interim certificates, certificates of indebtedness, debentures or other obligations;
5. “Clerk” means the clerk or other official of the municipality who is the custodian of the official records of the municipality;
6. “Council” or “commission” means a council, board, commission, department, division, office, body or other unit of the municipality;
7. “Federal government” means the United States of America or any agency or instrumentality thereof;
8. “Local governing body” means the commission, council or other legislative body charged with governing the municipality;
9. “Mayor” means the mayor of a municipality or other officer or body having the duties customarily imposed upon the executive head of a municipality;
10. “Municipality” means any incorporated or chartered city or town as established under Wyoming law;
11. “Obligee” means any bondholder, agents or trustees for any bondholders, or lessor demising to the municipality, property used in connection with an urban renewal project, or any assignee or assignees of the lessor’s interest or any part thereof, and the federal government if it is a party to any contract with the municipality;
12. “Person” means any individual, firm, partnership, corporation, company, association, joint stock association or body politic and includes any trustee, receiver, assignee or other person acting in a similar representative capacity;
13. “Public body” means the state, or any county, municipality, board, commission, authority, district or any other subdivision or public body thereof;
14. “Public officer” means any officer who is in charge of any department or branch of the government of the municipality relating to health, fire, building regulations or any other activities concerning dwellings in the municipality;
15. “Real property” means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, right and use therein, including terms for years and liens by way of judgment, mortgage or otherwise;
16. “Slum area” means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of those factors is conducive to ill health and is detrimental to the public safety, morals or welfare;
17. “Urban renewal area” means a slum area or a blighted area or a combination thereof which the local governing body designates as appropriate for an urban renewal project;
18. “Urban renewal plan” means a plan, as it exists from time to time, for one (1) or more urban renewal areas, or for any urban renewal project, which:
  1. Conforms to the general plan for the municipality as a whole, except as provided in W.S. 15-9-112 , and is consistent with definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements; and
  2. Is sufficiently complete to indicate land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land used, maximum densities and building requirements.
19. “Urban renewal project” includes undertakings and activities of a municipality in one (1) or more urban renewal areas for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. The undertakings and activities may include:
  1. Acquisition of a slum area or a blighted area or portion thereof;
  2. Demolition and removal of buildings and improvements;
  3. Installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this chapter in accordance with the urban renewal plan;
  4. Disposition of any property acquired in the urban renewal area at its fair value for uses in accordance with the urban renewal plan;
  5. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; and
  6. Acquisition of any other real property in the urban renewal area if necessary to eliminate unhealthy, unsanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration or to provide land for needed public facilities.

History. Laws 1965, ch. 140, § 3; W.S. 1957, § 15.1-494; Laws 1969, ch. 157, §§ 4, 5; W.S. 1977, § 15-10-103 ; Laws 1980, ch. 38, § 1; 2018, ch. 83, § 1.

The 2018 amendment, effective January 1, 2019, in (a)(ii), substituted “except that it may include” for “except that it does not include,” “city or town if a resolution” for “city or town unless a resolution,” and “town consenting to the inclusion and it may include any unincorporated area within five (5) miles of the corporate limits of the municipality if a resolution has been adopted by the county commissioners of the unincorporated area consenting to the inclusion” for “town declaring a need therefor.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 15-9-104. Private enterprise to be preferred; when considered.

A municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this chapter and consistent with its needs, shall afford maximum opportunity to the rehabilitation or redevelopment of the urban renewal area by private enterprise. A municipality shall give consideration to this objective in exercising its powers under this chapter, including the:
1. Formulation of a workable program;
2. Approval of communitywide plans or programs for urban renewal and general neighborhood renewal plans (consistent with the general plan of the municipality);
3. Exercising of its zoning powers;
4. Enforcement of other laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements;
5. Disposition of any property acquired; and
6. Provision of necessary public improvements.

History. Laws 1965, ch. 140, § 4; W.S. 1957, § 15.1-495; W.S. 1977, § 15-10-104 ; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of statutes providing for urban redevelopment by private enterprise, 44 ALR2d 1414.

§ 15-9-105. Workable program; formulation; objectives and provisions thereof.

For the purposes of this chapter a municipality may formulate for itself a workable program for utilizing appropriate private and public resources to:
1. Eliminate and prevent the development or spread of slums and urban blight;
2. Encourage needed urban rehabilitation;
3. Provide for the redevelopment of slum and blighted areas; or
4. Undertake any of those activities or other feasible municipal activities as may be suitably employed to achieve the objectives of a workable program.
A workable program may include provisions for the:
1. Prevention of the spread of blight through diligent enforcement of housing, zoning and occupancy controls and standards;
2. Rehabilitation or conservation of slum and blighted areas or portions thereof by:
  1. Replanning;
  2. Removing congestion;
  3. Providing parks, playgrounds and other public improvements;
  4. Encouraging voluntary rehabilitation; and
  5. Compelling the repair and rehabilitation of deteriorated or deteriorating structures.
3. Clearance and redevelopment of slum and blighted areas or portions thereof.

History. Laws 1965, ch. 140, § 5; W.S. 1957, § 15.1-496; W.S. 1977, § 15-10-105 ; Laws 1980, ch. 38, § 1.

§ 15-9-106. Initiative resolution; how adopted; findings.

No municipality shall exercise the authority conferred upon municipalities by this chapter until the local governing body, on its own motion or by virtue of a petition signed by twenty-five (25) or more electors of the municipality, has adopted a resolution finding that:
1. One (1) or more slum or blighted areas exist in the municipality; and
2. The rehabilitation, conservation, redevelopment or a combination thereof of the area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of the municipality.

History. Laws 1965, ch. 140, § 6; W.S. 1957, § 15.1-497; W.S. 1977, § 15-10-106 ; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 15-9-107. Preliminary requirements for projects; generally.

An urban renewal project for an urban renewal area shall not be planned or initiated unless the governing body, by resolution, has determined the area to be a slum area or a blighted area or a combination thereof and designated it as appropriate for an urban renewal project. A municipality shall not acquire real property for any urban renewal project unless the local governing body has approved the urban renewal project in accordance with W.S. 15-9-110 .

History. Laws 1965, ch. 140, § 7; W.S. 1957, § 15.1-498; W.S. 1977, § 15-10-107 ; Laws 1980, ch. 38, § 1.

§ 15-9-108. Preliminary requirements for projects; preparation of plan; review by commission.

A municipality may prepare an urban renewal plan or have one prepared by the urban renewal agency established in W.S. 15-9-134 . Any person or agency may also submit an urban renewal plan to a municipality. Prior to approving an urban renewal project, the local governing body shall submit the urban renewal plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the entire municipality. The planning commission shall submit its written recommendations with respect to the proposed urban plan to the local governing body within thirty (30) days after receipt of the plan for review. Upon receipt of the planning commission recommendations, or if no recommendations are received within thirty (30) days, the local governing body may proceed with the hearing on the proposed urban renewal project in accordance with the provisions of W.S. 15-9-109 .

History. Laws 1965, ch. 140, § 8; W.S. 1957, § 15.1-499; W.S. 1977, § 15-10-108 ; Laws 1980, ch. 38, § 1.

§ 15-9-109. Preliminary requirements for projects; hearing; publication and contents of notice.

The local governing body, under rules or procedures it determines, shall hold a public hearing on any urban renewal project.
A notice of the hearing shall be published in a newspaper having a general circulation in the area of operation of the municipality for two (2) successive weeks, with the last publication thereof to be at least five (5) days prior to the hearing. The notice shall:
1. Describe the time, date, place and purpose of the hearing;
2. Generally identify the urban renewal area covered by the plan; and
3. Outline the general scope of the urban renewal project under consideration.

History. Laws 1965, ch. 140, § 9; W.S. 1957, § 15.1-500; W.S. 1977, § 15-10-109 ; Laws 1980, ch. 38, § 1.

§ 15-9-110. Preliminary requirements for projects; approval by and findings of governing body.

Following the hearing specified in W.S. 15-9-109 , the local governing body may approve an urban renewal project and the plan therefor if it finds that:
1. A feasible method exists for the relocation of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to those families;
2. The urban renewal plan conforms to the general plan of the municipality as a whole;
3. The urban renewal plan gives due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the plan;
4. The urban renewal plan affords maximum opportunity, consistent with the municipality’s needs, for the rehabilitation or redevelopment of the urban renewal area by private enterprise.
If the urban renewal area consists of an area of open land to be acquired by the municipality, the area shall not be so acquired unless:
1. If it is to be developed for residential uses, the local governing body shall determine that:
  1. A shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality;
  2. The need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas;
  3. The conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals or welfare; and
  4. The acquisition of the area for residential uses is an integral part of and essential to the program of the municipality;
2. If it is to be developed for nonresidential uses, the local governing body shall determine that the:
  1. Nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives;
  2. Acquisition may require the exercise of governmental action as provided in this chapter, because of:
    1. Defective or unusual conditions of title;
    2. Diversity of ownership;
    3. Tax delinquency;
    4. Improper subdivisions;
    5. Outmoded street patterns;
    6. Deterioration of site;
    7. Economic disuse;
    8. Unsuitable topography or faulty lot layouts;
    9. Need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements; or
    10. Any combination of factors specified in this subparagraph or other conditions which retard development of the area.

History. Laws 1965, ch. 140, § 10; W.S. 1975, § 15.1-501; W.S. 1977, § 15-10-110 ; Laws 1980, ch. 38, § 1.

§ 15-9-111. When plan modifiable and effective.

An urban renewal plan may be modified at any time. If a plan is modified after the lease or sale by the municipality of real property in the urban renewal project area, the modification may be conditioned upon the approval of the owner, lessee or successor in interest as the municipality deems advisable. The modification is subject to any rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, are entitled to assert.
Upon the approval by a municipality of an urban renewal plan or of any modification thereof, the plan or modification is deemed to be in full force and effect, and the municipality may then cause the plan or modification to be carried out in accordance with its terms.

History. Laws 1965, ch. 140, §§ 11, 12; W.S. 1957, §§ 15.1-502, 15.1-503; W.S. 1977, §§ 15-10-111 , 15-10-112 ; Laws 1980, ch. 38, § 1.

§ 15-9-112. Provisions not applicable for disaster area.

Notwithstanding any other provisions of this chapter, if a local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, tornado, earthquake, storm or other catastrophe for which the governor of the state has certified the need for disaster assistance under 42 U.S.C. 5121 et seq., or other federal law, the local governing body may approve an urban renewal plan and an urban renewal project for that area without regard to the provisions of W.S. 15-9-109 and the provisions of this act requiring a general plan for the municipality and a public hearing on the urban renewal project.

History. Laws 1965, ch. 140, § 13; W.S. 1957, § 15.1-504; W.S. 1977, § 15-10-113 ; Laws 1980, ch. 38, § 1; 2010, ch. 69, § 302.

The 2010 amendment, effective July 1, 2010, substituted “42 U.S.C. 5121 et seq.” for “Public Law 875, eighty-first congress.”

Meaning of “this act.” —

Federal provisions. —

Public Law 875, eighty-first congress, referred to in this section, has been repealed. For present provisions as to disaster relief, see 42 U.S.C. § 5121 et seq.

§ 15-9-113. General powers of municipality.

In addition to any other powers specified by law, every municipality has all the powers necessary to carry out the purposes and provisions of this chapter, including the following powers:
1. To undertake and carry out urban renewal projects and related activities within its area of operation; and to:
  1. Make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this act;
  2. Disseminate slum clearance and urban renewal information.
2. To provide or to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with an urban renewal project;
3. To install, construct and reconstruct streets, utilities, parks, playgrounds and other public improvements;
4. To agree to any conditions that it deems reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of an urban renewal project and related activities and to include in any contract let in connection with such a project and related activities, provisions to fulfill those conditions as it deems reasonable and appropriate;
5. Within its area of operation, to enter into any building or property in any urban renewal area in order to make inspections, surveys, appraisals, soundings or test borings, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted as provided by law;
6. To acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain or otherwise, any real property (or personal property for its administrative purposes) together with any improvements thereon and to hold, improve, clear or prepare for redevelopment any such property;
7. To mortgage, pledge, hypothecate or otherwise encumber or dispose of any real property;
8. To insure or provide for the insurance of any real or personal property;
9. To enter into any contracts necessary to effectuate the purposes of this act;
10. To invest any urban renewal project funds held in reserves or sinking funds or any such funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control, or to deposit in savings accounts in national or state banks and to redeem any bonds issued pursuant to W.S. 15-9-119 at the redemption price established therein or to purchase those bonds at less than redemption price, all such bonds so redeemed or purchased to be cancelled;
11. To borrow money and to apply for and accept any form of financial assistance from any source for the purposes of this chapter, to give such security as may be required, to enter into and carry out contracts or agreements in connection therewith and to include in any contract for financial assistance with the federal government for or with respect to any urban renewal project and related activities such conditions imposed pursuant to federal laws as the municipality deems reasonable and appropriate and which are not inconsistent with the purposes of this chapter;
12. Within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes of this chapter and to contract with any person, public or private, in making and carrying out those plans and to adopt or approve, modify and amend those plans, which plans may include but are not limited to:
  1. A general plan for the locality as a whole;
  2. Urban renewal plans;
  3. Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements;
  4. Plans for the enforcement of state and local laws, codes, ordinances and regulations relating to the use of land, the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition or removal of buildings and improvements; and
  5. Perform or contract the performance of appraisals, title searches, surveys, studies and other plans and work necessary to prepare for the undertaking of urban renewal projects and related activities, to develop, test and report methods and techniques and carry out demonstrations and other activities for the prevention and the elimination of slums and urban blight.
13. To prepare plans for and assist in the relocation of any persons displaced by an urban renewal project, and to make relocation payments to or with respect to those persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the federal government;
14. To appropriate funds, make expenditures and levy taxes and assessments as may be necessary to carry out the purposes of this act;
15. To zone or rezone any part of the municipality or make exceptions from building regulations;
16. To enter into agreements with an urban renewal agency vested with urban renewal project power under W.S. 15-9-133 , which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary, respecting action to be taken by a municipality pursuant to any of the powers granted by this chapter;
17. To close, vacate, plan or replan streets, roads, sidewalks, ways or other places;
18. To plan or replan any part of the municipality;
19. Within its area of operation, to organize, coordinate and direct the administration of the provisions of this act as they apply to the municipality in order that the objective of remedying slum and blighted areas and preventing the causes thereof within the municipality may be most effectively promoted and achieved and to establish new offices of the municipality or to reorganize existing offices in order to carry out the purpose most effectively;
20. To exercise all or any part or combination of powers granted by this section; and
21. To plan and undertake neighborhood development programs consisting of urban renewal project undertakings and activities in one (1) or more urban renewal areas which are planned and carried out on the basis of annual increments in accordance with the provisions of this chapter for planning and carrying out urban renewal projects.

History. Laws 1965, ch. 140, § 14; W.S. 1957, § 15.1-505; Laws 1969, ch. 157, § 6; W.S. 1977, § 15-10-114 ; Laws 1980, ch. 38, § 1; 1981, ch. 174, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

Am. Jur. 2d, ALR and C.J.S. references. —

What projects involve work subject to state statutes requiring payment of prevailing wages on public works projects, 10 ALR5th 337.

Employees' private right of action to enforce state statute requiring payment of prevailing wages on public works projects, 10 ALR5th 360.

§ 15-9-114. Condemnation.

A municipality has the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it deems necessary for or in connection with an urban renewal project under this chapter. A municipality may exercise the power of eminent domain in the manner now provided or which may be hereafter provided by any other statutory provisions. Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to the United States, the state or any political subdivision thereof, may be acquired without its consent.
In any proceeding to fix compensation for damages for the taking or damaging of property, or any interest therein, through the exercise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters is admissible and shall be considered, in addition to evidence or testimony otherwise admissible, in fixing the compensation for damages:
1. Any use, condition, occupancy or operation of the property, which is unlawful or violative of or subject to elimination, abatement, prohibition or correction under any law or any ordinance or regulatory measure of the state, county, municipality, other political subdivisions or any agency thereof, in which the property is located, as being unsafe, substandard, unsanitary or otherwise contrary to the public health, safety or welfare;
2. The effect on the value of the property of any such use, condition, occupancy or operation, or of the elimination, abatement, prohibition or correction of any such use, condition, occupancy or operation.
The testimony or evidence specified in subsection (b) of this section is admissible notwithstanding that no action has been taken by any public body or public office toward the abatement, prohibition, elimination or correction of any such use, condition, occupancy or operation. Testimony or evidence that any public body or public office charged with the duty or authority so to do has rendered, made or issued any judgment, decree, determination or order for the abatement, prohibition, elimination or correction of any such use, condition, occupancy or operation is admissible and is prima facie evidence of the existence and character of that use, condition or operation.

History. Laws 1965, ch. 140, § 15; W.S. 1957, § 15.1-506; W.S. 1977, § 15-10-115 ; Laws 1980, ch. 38, § 1.

Cross references. —

As to eminent domain generally, see §§ 1-26-501 through 1-26-817 and Rule 71.1, W.R.C.P.

§ 15-9-115. Property acquired in project; disposition and use generally.

A municipality may:
1. Sell, lease or otherwise transfer real property or any interest therein acquired by it in an urban renewal project;
2. Enter into contracts with respect to such property for residential, recreational, commercial, industrial, educational or other uses or for public use; or
3. Retain the property or interest for public use in accordance with the urban renewal plan, subject to any covenants, conditions and restrictions, including covenants running with the land, as it deems necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this chapter.
The sale, lease, other transfer or retention of property specified in subsection (a) of this section, and any agreement relating thereto, may be made only after the local governing body approves the urban renewal plan.
The purchasers or lessees and their successors and assigns are obliged to devote the real property only to the uses specified in the urban renewal plan and may be obligated to comply with any other requirements the municipality determines to be in the public interest, including the obligation to begin within a reasonable time any improvements on the real property required by the urban renewal plan. With respect to any real property in an urban renewal area acquired by any public body, political subdivision, agency or office of the state for uses in accordance with an urban renewal plan, the public body, political subdivision, agency or office of the state is authorized to obligate itself and its successors or assigns to devote the real property only to the uses specified in the urban renewal plan and, to the extent funds have been authorized or appropriated, to obligate itself to begin improvements required by the urban renewal plan.
The real property or interest shall be sold, leased, otherwise transferred or retained at not less than its fair value for uses in accordance with the urban renewal plan. In determining the fair value, a municipality shall give consideration to:
1. The uses provided therein;
2. The restrictions upon and the conditions and obligations assumed by the purchaser or lessee or by the municipality retaining the property; and
3. The objectives of the plan for the prevention of the recurrence of slum or blighted areas.
The municipality in any instrument of conveyance to a private purchaser or lessee may provide that the purchaser or lessee is without power to sell, lease or otherwise transfer the real property without the prior written consent of the municipality until he has completed the construction of any improvements which he is obligated to construct thereon. Real property acquired by a municipality which is to be transferred in accordance with the provisions of the urban renewal plan, shall be transferred as rapidly as feasible in the public interest consistent with carrying out of the provisions of the plan. Any contract for the transfer and the urban renewal plan shall be recorded in the land records of the county in the manner provided by law to afford actual or constructive notice thereof.

History. Laws 1965, ch. 140, § 16; W.S. 1957, § 15.1-507; W.S. 1977, § 15-10-116 ; Laws 1980, ch. 38, § 1.

§ 15-9-116. Property acquired in project; disposition to private persons; procedure; notice; proposals; contracts.

A municipality may:
1. Dispose of real property in an urban renewal area to private persons only under reasonable procedures it prescribes or as are provided in this section;
2. By notice published once each week for four (4) consecutive weeks in a newspaper having a general circulation in the community, prior to the execution of any contract to sell, lease or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect thereto under the provisions of this section, invite proposals from and make available all pertinent information to private redevelopers or any persons interested in undertaking to redevelop or rehabilitate an urban renewal area or any part thereof. The notice shall:
  1. Identify the area or portion thereof;
  2. State that:
    1. Proposals shall be made by those interested within thirty (30) days after the last day of publication of the notice; and
    2. Information as is available may be obtained at the office designated in the notice.
The municipality shall consider all redevelopment or rehabilitation proposals and the financial and legal ability of the persons making the proposals to carry them out. The municipality may accept any proposals it deems to be in the public interest and in furtherance of the purposes of this chapter. A notification of intention to accept a proposal shall be filed with the governing body not less than thirty (30) days prior to acceptance. Thereafter the municipality may execute a contract and deliver deeds, leases and other instruments and take all steps necessary to effectuate a contract in accordance with the provisions of W.S. 15-9-115 .

History. Laws 1965, ch. 140, § 17; W.S. 1957, § 15.1-508; W.S. 1977, § 15-10-117 ; Laws 1980, ch. 38, § 1.

§ 15-9-117. Property acquired in project; temporary operation and maintenance.

A municipality may temporarily operate and maintain real property acquired by it in an urban renewal area for or in connection with an urban renewal project pending the disposition of the property as authorized in this chapter, without regard to the provisions of W.S. 15-9-115 , for any uses and purposes it deems desirable even though not in conformity with the urban renewal plan.

History. Laws 1965, ch. 140, § 18; W.S. 1957, § 15.1-509; W.S. 1977, § 15-10-118; Laws 1980, ch. 38, § 1.

§ 15-9-118. Property acquired in project; disposition when area designated under federal provisions.

Notwithstanding any other provisions of this chapter, if the municipality is situated in an area designated as a redevelopment area under the Federal Area Redevelopment Act 42 U.S.C. 3161 et seq., land in an urban renewal project area designated under the urban renewal plan for industrial or commercial uses may be disposed of to any public body or nonprofit corporation for subsequent disposition as promptly as practicable by the public body or corporation for redevelopment in accordance with the urban renewal plan. Only the purchaser from or lessee of the public body or corporation, and their assignees, are required to assume the obligation of beginning the building of improvements within a reasonable time. Any disposition of land to a public body or corporation under this section shall be made at its fair value for uses in accordance with the urban renewal plan.

History. Laws 1965, ch. 140, § 19; W.S. 1957, § 15.1-510; W.S. 1977, § 15-10-119; Laws 1980, ch. 38, § 1; 2010, ch. 69, § 302.

The 2010 amendment, effective July 1, 2010, substituted “42 U.S.C. 3161 et seq.” for “(Public Law 87-27).”

Redevelopment Act. —

The Federal Area Redevelopment Act, referred to in this section, has been omitted from the United States Code. The provisions are now covered by 42 U.S.C. § 3121 et seq.

§ 15-9-119. Bonds authorized; payment thereof; security.

A municipality is empowered to issue:
1. Revenue bonds to finance the undertaking of any urban renewal project under this chapter, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans or preliminary loans; and
2. Refunding bonds for the payment or retirement of bonds previously issued by it.
The bonds shall be made payable solely from the income, proceeds and revenues derived from the municipality’s undertaking and carrying out of urban renewal projects under this chapter. However, payment of the bonds may be further secured by a pledge of any loan, grant or contribution from the federal government or other source in aid of any urban renewal projects of the municipality under this chapter.

History. Laws 1965, ch. 140, § 20; W.S. 1957, § 15.1-511; Laws 1969, ch. 157, § 2; W.S. 1977, § 15-10-120; Laws 1980, ch. 38, § 1.

§ 15-9-120. Taxes upon property; authorized division thereof.

Any urban renewal plan may contain a provision that taxes, if any, levied upon taxable property in an urban renewal project each year by or for the benefit of a municipality in the state shall be divided as follows:
1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the urban renewal project as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized prior to the effective date of the urban renewal project shall be allocated to and, when collected, paid into the funds of the respective taxing agencies as taxes by or for those taxing agencies on all other property are paid (for the purpose of allocating taxes by or for any taxing agency which did not include the territory in the urban renewal project on the effective date of the project but which territory had been annexed or otherwise included after the effective date, the assessment of the county last equalized on the project shall be used in determining the assessed valuation on the taxable property in the project on the effective date); and
2. That portion of the levied taxes each year in excess of the amount specified in paragraph (a)(i) of this section shall be allocated to and, when collected, paid into a special fund of the participating municipality or urban renewal agency to pay the principal and interest on loaned money advanced to, or any indebtedness incurred by the municipality or urban renewal agency. Unless the total assessed valuation of the taxable property in an urban renewal project exceeds the total assessed value of the taxable property in the project as shown by the last equalized assessment roll referred to in paragraph (a)(i) of this section, all of the taxes levied and collected upon the taxable property in the urban renewal project shall be paid into the funds of the respective taxing agencies. When any loans, advances and indebtedness, if any, and interest have been paid in full, all monies thereafter received from taxes upon the taxable property in the urban renewal project shall be paid into the funds of the various taxing agencies as taxes on all other property are paid.

History. Laws 1965, ch. 140, § 21; W.S. 1957, § 15.1-512; W.S. 1977, § 15-10-121; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 15-9-121. Taxes upon property; when pledging allowed.

In any urban renewal plan or in proceedings for the advance of monies or making of loans or the incurring of any indebtedness by the municipality or agency to finance or refinance in whole or in part the urban renewal project, the portion of the taxes specified in W.S. 15-9-120(a)(ii) may be irrevocably pledged for the payment of the principal of and interest on those loans or advances or that indebtedness.

History. Laws 1965, ch. 140, § 22: W.S. 1957, § 15.1-513; W.S. 1977, § 15-10-122; Laws 1980, ch. 38, § 1.

§ 15-9-122. Bonds; provisions inapplicable; tax exemption.

Revenue bonds issued under this chapter:
1. Do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction;
2. Are not subject to the provisions of any other law or charter relating to the authorization, issuance or sale of bonds.
Bonds issued under this chapter are for an essential public and governmental purpose and, together with interest thereon and income therefrom, are exempt from all taxes.

History. Laws 1965, ch. 140, § 23; W.S. 1957, § 15.1-514; Laws 1969, ch. 157, § 3; W.S. 1977, § 15-10-123; Laws 1980, ch. 38, § 1.

§ 15-9-123. Bonds; resolution or ordinance; characteristics.

Bonds issued under this chapter shall be authorized by resolution or ordinance of the local governing body. The bonds may be issued in one (1) or more series and shall bear the date or dates, be payable upon demand or mature at the time or times, bear interest at the rate or rates, be in the denomination or denominations and form, either with or without coupon or registered, carry conversion or registration privileges, have the rank or priority, be executed in a manner and payable in a medium of payment at the place or places, be subject to the terms of redemption (with or without premium), be secured in the manner and have other characteristics as may be provided by the resolution or ordinance or trust indenture or mortgage issued pursuant thereto.

History. Laws 1965, ch. 140, § 24; W.S. 1957, § 15.1-515; Laws 1971, ch. 254, § 12; W.S. 1977, § 15-10-124; Laws 1980, ch. 38, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1.

§ 15-9-124. Bonds; sale or exchange.

Bonds may be sold at not less than par at public sales held after notice published prior to the sale in a newspaper having a general circulation in the area of operation and in any other medium of publication as the municipality determines or may be exchanged for other bonds on the basis of par. However, the bonds may be sold to the federal government at a private sale at not less than par. If less than all of the authorized principal amount on the bonds is sold to the federal government, the balance may be sold at private sale at not less than par at an interest cost to the municipality or not to exceed the interest cost to the municipality of the portion of the bonds sold to the federal government.

History. Laws 1965, ch. 140, § 25; W.S. 1957, § 15.1-516; W.S. 1977, § 15-10-125; Laws 1980, ch. 38, § 1.

§ 15-9-125. Bonds; signatures and negotiability.

If any of the public officials of the municipality whose signatures appear on any bonds or coupons issued under this chapter cease to be officials before the delivery of the bonds, the signatures are valid and sufficient for all purposes, the same as if the officials had remained in office until the delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter are fully negotiable.

History. Laws 1965, ch. 140, § 26; W.S. 1957, § 15.1-517; W.S. 1977, § 15-10-126; Laws 1980, ch. 38, § 1.

§ 15-9-126. Bonds; recitation thereon.

In any suit, action or proceeding involving the validity or enforceability of any bond issued under this chapter or the security therefor, the bond reciting in substance that it has been issued by the municipality in connection with an urban renewal project, as defined in W.S. 15-9-103 is conclusively deemed to have been issued for that purpose and the project is conclusively deemed to have been planned, located and carried out in accordance with the provisions of this chapter.

History. Laws 1965, ch. 140, § 27; W.S. 1957, § 15.1-518; W.S. 1977, § 15-10-127; Laws 1980, ch. 38, § 1.

§ 15-9-127. General obligation bonds; purposes; authorization; approval; characteristics; other provisions unaffected.

In addition to the authority to issue bonds pursuant to W.S. 15-9-119 , any municipality may issue general obligation bonds for the urban renewal purposes specified in subsection (b) of this section and subject to the requirements thereof and the requirements of the constitution and any other applicable laws.
General obligation bonds issued by a municipality for the purposes of aiding in the planning, undertaking or carrying out of any urban renewal project and related activities of a municipality, its board or commission, or its agency under this chapter shall be authorized by resolution or ordinance of the local governing body and shall be approved by a vote of the people residing in the issuing governmental unit at an election called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 .
The bonds shall bear any characteristics as may be provided by the resolution or ordinance or trust indenture or mortgage issued pursuant thereto, including the characteristics specified in W.S. 15-9-123 . Nothing in this section limits or otherwise adversely affects any other section of this chapter.

History. Laws 1965, ch. 140, § 28; W.S. 1957, § 15.1-519; Laws 1969, ch. 157, § 1; Laws 1971, ch. 254, § 13; W.S. 1977, §§ 15-10-128, 15-10-134; Laws 1980, ch. 38, § 1; 1996, ch. 97, § 2.

§ 15-9-128. Investment of funds in bonds authorized; duty of care.

Anyone carrying on a banking or investment business or an insurance business and all fiduciaries may legally invest any monies or other funds belonging to them or within their control in any bonds or other obligations issued by a municipality pursuant to this chapter.
It is the purpose of this section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations.
Nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.

History. Laws 1965, ch. 140, § 29; W.S. 1957, § 15.1-520; W.S. 1977, § 15-10-129; Laws 1980, ch. 38, § 1; 1998, ch. 50, § 1.

§ 15-9-129. Exemption of property from execution; exception.

All property of a municipality or agency, including funds owned or held by it for the purposes of this chapter, are exempt from levy and sale by virtue of any execution. No execution or other judicial process shall issue against the property nor shall judgment against a municipality or agency be a charge or lien upon the property. The provisions of this section do not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this chapter by a municipality or agency on its rents, fees, grants or revenues from urban renewal projects.

History. Laws 1965, ch. 140, § 30; W.S. 1957, § 15.1-521; W.S. 1977, § 15-10-130; Laws 1980, ch. 38, § 1.

§ 15-9-130. Exemption of property from taxation; termination thereof.

The property of a municipality or agency acquired or held for the purposes of this chapter, is public property used for essential public and governmental purposes. The property is exempt from all taxes of the municipality, the county, the state or any political subdivision thereof. However, the tax exemption terminates if the municipality or agency sells, leases or otherwise disposes of the property in any urban renewal area to a purchaser or lessee which is not a public body entitled to tax exemption for the property.

History. Laws 1965, ch. 140, § 31; W.S. 1957, § 15.1-522; W.S. 1977, § 15-10-131; Laws 1980, ch. 38, § 1.

§ 15-9-131. Powers of municipality, public body in aiding project.

To aid in the planning, undertaking or carrying out of an urban renewal project and related activities authorized by this chapter located within the area in which it is authorized to act, any public body or municipality, upon terms and with or without consideration as it determines, may:
1. Dedicate, sell, convey or lease any of its interest in any property or grant easements, licenses or other rights or privileges therein to a municipality;
2. Incur the entire expense of any public improvements it makes in exercising the powers granted in this section;
3. Do any and all things necessary to aid or cooperate in the planning or carrying out of an urban renewal plan;
4. Lend, grant or contribute funds to a municipality;
5. Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with the federal government, a municipality or any other public body respecting action to be taken pursuant to any of the powers granted by this chapter, including the furnishing of funds or other assistance in connection with an urban renewal project and related activities;
6. Borrow money and apply for and accept any form of financial assistance from any source;
7. Furnish any public buildings and public facilities or any other works which it is otherwise empowered to undertake;
8. Furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways or other places;
9. Plan or replan, zone or rezone any part of the public body or make exceptions from building regulations; and
10. Cause administrative and other services to be furnished to the municipality.
If at any time title to or possession of any urban renewal project is held by any public body or governmental agency, other than the municipality which is authorized by law to engage in the undertaking, carrying out or administration of urban renewal projects and related activities (including any agency or instrumentality of the United States of America), the provisions of the agreements referred to in this section inure to the benefit of and may be enforced by the public body or governmental agency.
Any sale, conveyance, lease or agreement pursuant to this section may be made by a public body without appraisal, public notice, advertisement or public bidding.
As used in this section, “municipality” includes an urban renewal agency vested with all of the urban renewal project powers pursuant to W.S. 15-9-133 .

History. Laws 1965, ch. 140, §§ 32, 33; W.S. 1957, §§ 15.1-523, 15.1-524; W.S. 1977, §§ 15-10-132, 15-10-133; Laws 1980, ch. 38, § 1.

§ 15-9-132. Instruments presumed properly executed.

Any instrument executed by a municipality and purporting to convey the right, title or interest in any property under this chapter is conclusively presumed to have been executed in compliance with the provisions hereof insofar as title or other interest of any bona fide purchasers, lessees or transferees of the property is concerned.

History. Laws 1965, ch. 140, § 35; W.S. 1957, § 15.1-526; W.S. 1977, § 15-10-135; Laws 1980, ch. 38, § 1.

§ 15-9-133. Exercise of powers; delegation and scope thereof; exceptions.

A municipality may itself exercise its urban renewal powers as specified in this chapter.
As used in this section, “urban renewal powers,” when applied to their exercise by the urban renewal agency, include the rights, powers, functions and duties of a municipality set forth in this chapter, except the following:
1. The determination of an area to be a slum or blighted area or combination thereof and the designation of an area as appropriate for an urban renewal project;
2. Approval of urban renewal plans and modifications thereof;
3. General neighborhood renewal plans and communitywide plans or programs for urban renewal;
4. Establishment of a general plan for the locality as a whole;
5. The power to formulate a workable program under W.S. 15-9-105 .
A municipality shall not delegate to an urban renewal agency or a board or commission, the power to acquire by condemnation real property within the boundaries of an urban renewal area.

History. Laws 1965, ch. 140, § 36; W.S. 1957, § 15.1-527; Laws 1971, ch. 241, § 1; W.S. 1977, § 15-10-136; Laws 1980, ch. 38, § 1; 2007, ch. 139, § 2.

The 2007 amendment, effective July 1, 2007, rewrote (a); in (c) substituted “shall not” for “by resolution, may” following “a municipality.”

§ 15-9-134. Agency; creation; board of commissioners; appointment; compensation; actions and procedure; removal.

There is created in each municipality a public body corporate and politic to be known as the “urban renewal agency” of the municipality. The urban renewal agency shall not exercise its powers under this chapter until or unless the local governing body has made the finding prescribed in W.S. 15-9-106 and has elected to have urban renewal powers exercised by an urban renewal agency as provided in W.S. 15-9-133 .
The mayor, by and with the consent and advice of the local governing body, shall appoint a board of five (5) commissioners of the urban renewal agency selected on the basis of their interest in and knowledge of community planning, urban renewal and business management. Any person may be appointed as commissioner if he resides within the area of operation of the agency (which shall have the same bounds or limits as the area of operation of the municipality) and is otherwise eligible for appointment under this chapter. The original appointment of commissioners shall be as follows: one (1) for a term of one (1) year; one (1) for a term of two (2) years; one (1) for a term of three (3) years; one (1) for a term of four (4) years; and one (1) for a term of five (5) years. Thereafter each appointment shall be for a term of five (5) years.
Each commissioner shall hold office until his successor is appointed and qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipality and the certificate is conclusive evidence of the commissioner’s due and proper appointment.
A commissioner shall receive no compensation for his services but is entitled to necessary expenses incurred in the discharge of his duties. No commissioner or other officer of any urban renewal agency, board or commission exercising powers pursuant to this chapter shall hold any other public municipal office for which compensation is received.
The powers of an urban renewal agency shall be exercised by the commissioners thereof. A majority of the commissioners constitute a quorum for all purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present, unless in any case the bylaws require a larger number. Annually, at the first meeting, the board of commissioners shall elect its officers. Each officer shall hold office for a term of one (1) year and until his successor is elected and qualified.
A commissioner may be removed from office for inefficiency, neglect of duty or misconduct in office only after:
1. A hearing;
2. He has been given a copy of the charges at least ten (10) days prior to the hearing; and
3. He has had an opportunity to be heard in person or by counsel.

History. Laws 1965, ch. 140, § 37; W.S. 1957, § 15.1-528; Laws 1971, ch. 228, § 1; 1975, ch. 85, § 1; W.S. 1977, § 15-10-137; Laws 1980, ch. 38, § 1.

§ 15-9-135. Agency; staff.

An agency may employ an executive director, technical experts and any other agents and employees it requires and determine their qualifications, duties and compensation. An agency may also employ or retain its own counsel and legal staff.

History. Laws 1965, ch. 140, § 37; W.S. 1957, § 15.1-528; Laws 1971, ch. 228, § 1; 1975, ch. 85, § 1; W.S. 1977, § 15-10-137; Laws 1980, ch. 38, § 1.

§ 15-9-136. Agency; annual reports.

An agency authorized to transact business and exercise powers under this chapter shall file with the local governing body on or before May 31 of each year a report of its activities for the preceding calendar year. The report shall include a complete financial statement setting forth its assets, liabilities, income and operating expenses as of the end of that calendar year. At the time of filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that the report has been filed with the municipality and is available for inspection during business hours in the office of the clerk of the municipality and in the office of the agency.

History. Laws 1965, ch. 140, § 37; W.S. 1957, § 15.1-528; Laws 1971, ch. 228, § 1; 1975, ch. 85, § 1; W.S. 1977, § 15-10-137; Laws 1980, ch. 38, § 1.

§ 15-9-137. Voluntary conflicts of interest prohibited; disclosure of involuntary conflicts; violation.

No public official or employee of a municipality, or board or commission thereof, and no commissioner or employee of an urban renewal agency vested by a municipality with urban renewal project powers under W.S. 15-9-133 shall voluntarily acquire any personal interest, direct or indirect, in any urban renewal project, or in any property included or planned to be included in any urban renewal project of that municipality or in any contract or proposed contract in connection with that urban renewal project. If the acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local governing body, and the disclosure shall be entered upon the minutes thereof. If any official, commissioner or employee presently owns or controls, or owned or controlled within the preceding two (2) years, any interest, directly or indirectly, in any property which he knows is included or planned to be included in any urban renewal project, he shall immediately disclose this fact in writing to the local governing body. The disclosure shall be entered upon the minutes of the governing body, and no such official, commissioner or employee shall participate in any action by the municipality, or board or commission thereof, or urban renewal agency, affecting the property. Any disclosure required to be made by this section to the local governing body shall concurrently be made to an urban renewal agency which has been vested with urban renewal project powers by the municipality pursuant to this chapter. Any violation of the provisions of this section constitutes misconduct in office.

History. Laws 1965, ch. 140, § 38; W.S. 1957, § 15.1-529; W.S. 1977, § 15-10-138; Laws 1980, ch. 38, § 1.

Article 2. Downtown Development Authority

§ 15-9-201. Declarations.

The Wyoming legislature declares that the organization of downtown development authorities having the purposes and powers provided in this act [§§ 15-9-201 through 15-9-223 ] will serve a public use; will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the people of this state, will halt or prevent deterioration of property values or structures within central business districts, will halt or prevent the growth of blighted areas within such districts, and will assist municipalities in the development and redevelopment of such districts and in the overall planning to restore or provide for the continuance of the health thereof, and will be of especial benefit to the property within the boundaries of any authority created pursuant to the provisions of this article.
The Wyoming legislature determines, finds and declares that because of a number of atypical factors and special conditions concerning downtown development unique to each locality, the rule of strict construction shall have no application to this article, but it shall be liberally construed to effect the purposes and objects for which it is intended.

History. Laws 1983, ch. 150, § 1.

§ 15-9-202. Definitions.

As used in this article, unless the context otherwise requires:
1. “Authority” means a downtown development authority created pursuant to the provisions of this article in any municipality of this state and any successor to its functions, authority, rights and obligations;
2. “Blighted area” means an area within the central business district which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, usefulness, or unsanitary or unsafe conditions, deterioration of site or other improvements, unusual topography, defective or unusual conditions of title rendering the title nonmarketable, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the central business district, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use;
3. “Board” means the board of the authority or the governing body when acting as the authority pursuant to W.S. 15-9-203 ;
4. “Central business district” means the area in a municipality which is and traditionally has been the location of the principal business, commercial, financial, service and governmental center, zoned or used accordingly;
5. “Development project” or “project” means undertakings and activities of an authority or municipality as authorized in this article in a designated area for the development or redevelopment of the area in accordance with a plan of development and includes:
  1. The planning or management of development or improvement activities;
  2. Landscaping or other maintenance of public areas;
  3. Promotion of public events;
  4. Activities in support of business recruitment and development;
  5. Any other economic improvement activity for which an assessment may be made on property specially benefited thereby.
6. “Director” means the chief executive officer of the authority;
7. “District” means the authority or the area within which the authority may exercise its powers;
8. “Downtown” means a specifically defined area of the municipality in the central business district, established by the governing body of the municipality pursuant to this article;
9. “Governing body” means the city council, town council or other governing board of any municipality of this state;
10. “Landowner” means the owner in fee of any undivided interest in real property or any improvement permanently affixed thereto within the district. As used in this article, “owner in fee” includes a contract purchaser obligated to pay general taxes, an heir or a devisee under a will admitted to probate and does not include a contract seller of property with respect to which the contract purchaser is deemed to be the owner in fee for purposes of this paragraph;
11. “Lessee” means the holder of a leasehold interest in real property within the district. As used in this article, “leasehold interest” does not include a license or mere contract right to use real property within the district;
12. “Municipal sales tax” means revenues distributed to the municipalities from the state of Wyoming from the state sales tax as provided in W.S. 39-15-111 , and includes the share distributed to a municipality from any tax collected under the provisions of W.S. 39-15-203 ;
13. “Plan of development” means a plan, as it exists from time to time, for the development or redevelopment of a downtown development area, including all properly approved amendments thereto;
14. “Plan of development area” or “development area” means an area in the central business district which the board and the governing body designate as appropriate for a development project;
15. “Planning board” means the agency designated by the governing body of the municipality which is chiefly responsible for planning in the municipality and, if no separate agency exists, “planning board” means the governing body of the municipality;
16. “Property tax” means the revenue derived from the eight (8) mill tax authorized by Article 15, Section 6 of the Wyoming Constitution;
17. “Public body” means the state of Wyoming or any municipality, quasi-municipal corporation, board, commission, authority or other political subdivision or public corporate body of the state;
18. “Public facility” includes but is not limited to any streets, parks, plazas, parking facilities, playgrounds, pedestrian malls, rights-of-way, structures, waterways, bridges, lakes, ponds, canals, utility lines or pipes, and buildings, including access routes to any of the foregoing, designed for use by the public generally or used by any public agency with or without charge, whether or not the same is revenue-producing;
19. “Qualified elector” means a resident as defined in this section;
20. “Resident” means one who is a citizen of the United States and a resident of Wyoming, eighteen (18) years of age or older, who makes his residence within the municipality.

History. Laws 1983, ch. 150, § 1; 1984, ch. 8, § 1; 1987, ch. 53, § 1; 1998, ch. 5, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 15-9-203. Powers of governing body; creation of authority; status thereof.

A municipality may itself exercise the powers specified in this article, or if the governing body, by resolution, determines it to be in the public interest, it may elect to create and establish a downtown development authority, pursuant to the provisions of this article. The authority shall have all the powers provided in this article that are authorized by the ordinance authorizing the authority, or any amendment thereto. When established, the authority shall be a body corporate and capable of being a party to suits, proceedings and contracts the same as municipalities in this state. The authority may be dissolved by ordinance of the governing body, if there is no outstanding indebtedness of the authority or if adequate provision for the payment of such indebtedness is provided.

History. Laws 1983, ch. 150, § 1.

§ 15-9-204. Organizational procedure.

Upon petition of twenty-five percent (25%) of the persons owning nonresidential property within the proposed district and following a public hearing, if the governing body of a municipality determines it is necessary to establish a downtown development authority for the public health, safety, prosperity, security and welfare and to carry out the purposes of an authority as stated in W.S. 15-9-201 , it may by ordinance establish a downtown development authority. In the ordinance, the governing body shall state the boundaries of the downtown development district, as set forth in the original petition requesting the establishment of a downtown development authority within which the authority shall exercise its powers. Upon request of the governing body, the petitioners may submit an amended petition which modifies the boundaries of the district. The boundaries of the downtown development authority shall be certified to the county assessor of the county in which the municipality is located within sixty (60) days after formation of the district.
Any ordinance creating a downtown development authority shall provide that any ordinance or resolution by which bonds are issued pursuant to this article shall specify the maximum net effective interest rate of such bonds.

History. Laws 1983, ch. 150, § 1; 1987, ch. 53, § 1; 2010, ch. 69, § 203.

The 2010 amendment, effective July 1, 2010, in (a), deleted “or in the case of an existing district, by April 15, 1987” at the end of the last sentence.

§ 15-9-205. Board; appointment; membership; terms; vacancies.

The affairs of the authority shall be under the direct supervision and control of a board consisting of not less than five (5) nor more than eleven (11) members appointed by the governing body. A majority of the members appointed shall reside, be a lessee or own property in the downtown development district.
The board shall be constituted as follows:
1. At least one (1) member shall be a member of the governing body, appointed to serve at the pleasure of the governing body;
2. Two (2) members shall be appointed for terms expiring June 30 of the year following the date of the ordinance adopted by the governing body establishing the authority;
3. Two (2) members shall be appointed for terms expiring June 30 of the second year following the date of the ordinance adopted by the governing body establishing the authority;
4. Two (2) members, if the board consists of seven (7) or more members, shall be appointed for terms expiring June 30 of the third year following the date of the ordinance adopted by the governing body establishing the authority;
5. All other members shall be appointed for terms expiring June 30 of the fourth year following the date of the ordinance adopted by the governing body establishing the authority.
A member shall hold office until his successor has been appointed and qualified. After the terms of the initial members of the board have expired, the terms of all members (except any member who is a member of the governing body) shall expire four (4) years from the expiration date of the terms of their predecessors. Appointments to fill vacancies shall be for the unexpired term. In any municipality in which the charter provides that the appointive authority is the mayor, the mayor shall make appointments to the board.

History. Laws 1983, ch. 150, § 1.

§ 15-9-206. Board; qualifications; oath of office; rules of procedure; meetings; reimbursement; removal.

A majority of the members of the board, except any member from the governing body, shall reside, be a lessee or own real property in the downtown development district within the municipality in which the authority is located. An officer or director of a corporation having its place of business in the downtown development district shall be eligible for appointment to the board. No officer or employee of the municipality where the authority is located, other than any appointee from the governing body, shall be eligible for appointment to the board. Within thirty (30) days after the occurrence of a vacancy, the governing body, except as provided in W.S. 15-9-205(c), shall appoint a successor.
Before assuming the duties of the office, each appointed member shall qualify by taking and subscribing to the oath of office required of officials of the municipality.
The board shall adopt and promulgate rules governing its procedure, including election of officers. The rules shall be filed in the office of the clerk of the governing body. The board shall hold regular or special meetings in the manner provided in the rules of the board. All meetings of the board shall be open to the public except those dealing with land acquisition or sales, personnel matters or legal matters. Members of the board shall serve without compensation, but they may be reimbursed for actual and necessary expenses.
After notice and an opportunity to be heard, an appointed member of the board may be removed for cause by the governing body.

History. Laws 1983, ch. 150, § 1.

§ 15-9-207. Board; powers and duties; division of property and sales tax; special fund; adjustment evaluations.

The board, subject to the provisions of this article and subject to other applicable provisions of law, shall have all powers customarily vested in the board of directors of a corporation. It shall exercise supervisory control over the activities of the director and the staff of the authority in carrying out the functions authorized by this article.
In addition to the powers granted by subsection (a) of this section, the board may:
1. Appoint and remove a director and other staff members, who shall be employed upon recommendation of the director, and prescribe their duties and fix their compensation;
2. At the request of the governing body, prepare an analysis of economic changes taking place in the central business district of the municipality;
3. Study and analyze the impact of metropolitan growth upon the central business district;
4. Plan and propose, within the downtown development area, plans of development for public facilities and other improvements to public or private property of all kinds, including removal, site preparation, renovation, repair, remodeling, reconstruction or other changes in existing buildings which may be necessary or appropriate to the execution of any development plan which in the opinion of the board will aid and improve the downtown development area;
5. Implement, as provided in this article, any plan of development, whether economic or physical, in the downtown development area as is necessary to carry out its functions;
6. In cooperation with the planning board and the planning department of the municipality, develop long-range plans designed to carry out the purposes of the authority and to promote the economic growth of the district, and implement education and public relations programs to persuade property owners and business proprietors to implement such plans to the fullest extent possible;
7. Retain and fix the compensation of legal counsel to advise the board in the proper performance of its duties;
8. Make and enter into all contracts necessary or incidental to the exercise of its powers and the performance of its duties.
Notwithstanding any law to the contrary, any plan of development as originally adopted by the board or as later modified pursuant to this article may, after approval by the governing body of the municipality, contain a provision that property taxes, if any, levied after the effective date of the approval of the plan of development by the governing body upon taxable property within the boundaries of the development area each year, or that municipal sales taxes collected within the area, or both, shall be divided for a period not to exceed twenty-five (25) years after the effective date of approval by the governing body of the provision, as follows:
1. That portion of the property taxes which are produced by the levy at the rate fixed each year by the governing body upon the valuation for assessment of taxable property within the boundaries of the development area last certified prior to the effective date of approval by the governing body of the plan, or, as to an area later added to the boundaries of the development area, the effective date of the modification of the plan, or that portion of municipal sales taxes collected within the boundaries of the development area in the twelve (12) month period ending on the last day of the month prior to the effective date of approval of the plan, or both, shall be paid into the treasury of the municipality;
2. That portion of the property taxes or all or any portion of the municipal sales taxes, or both, in excess of such amount shall be allocated to and, when collected, paid into a special fund of the municipality and used, as determined by the authority and the governing body of the municipality, for the payment of the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed or otherwise, the municipality for financing or refinancing, in whole or in part, a development project within the boundaries of the development area and for payment of costs of landscaping or other maintenance of public areas, promotion of public events, activities in support of business recruitment and development and funding of capital improvements. Any excess municipal sales tax collection not allocated pursuant to this paragraph shall be paid into the funds of the municipality. Unless and until the total valuation for assessment of the taxable property within the boundaries of the development area exceeds the base valuation for assessment of the taxable property within such boundaries, as provided in paragraph (i) of this subsection, all of the property taxes levied upon the taxable property in the development area shall be paid into the treasury of the municipality. Unless and until the total municipal sales tax collections in the development area exceed the base year municipal sales tax collections in such area, as provided in paragraph (i) of this subsection, all municipal sales tax collections shall be paid into the funds of the municipality. When such bonds, loans, advances and indebtedness, if any, including interest thereon and any premiums due in connection therewith, and including any refunding securities therefore, have been paid, all taxes upon the taxable property or the total municipal sales tax collections, or both, in the development area shall be paid into the funds of the municipality.
The special fund described in paragraph (c)(ii) of this section and the tax monies paid into the fund may be irrevocably pledged by the municipality for the payment of the principal of, the interest on, and any premiums due in connection with the bonds, loans, advances or indebtedness if the question of issuing the bonds or otherwise providing for the loans, advances or indebtedness and the question of the intended pledge are first submitted for approval to the qualified electors of the municipality at an election. The election shall be called by resolution of the board adopted at a regular or special meeting and approved by the governing body by a majority vote. The election shall be held, conducted, canvassed and returned in accordance with the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 .
School districts which include all or any part of the development area shall be permitted to participate in an advisory capacity.
In the event there is a general reassessment of taxable property valuations in any county including all or part of the development area subject to division of valuation for assessment under subsection (c) of this section, or a change in the sales tax percentage levied in any municipality including all or part of the development area subject to division of sales taxes under subsection (c) of this section, the portions of valuations for assessment or sales taxes under both paragraphs (i) and (ii) of subsection (c) of this section shall be proportionately adjusted in accordance with the reassessment or change.

History. Laws 1983, ch. 150, § 1; 1996, ch. 97, § 2; ch. 101, § 1.

§ 15-9-208. Plan of development; procedure for approval; public hearings; notice thereof; findings of governing body.

An authority shall not actually undertake a development project for a development area unless the governing body, by resolution, has first approved the plan of development which applies to the development project.
Prior to its approval of a plan of development, the governing body shall submit the plan to the planning board of the municipality, if any, for review and recommendations. The planning board shall submit its written recommendations with respect to the proposed plan of development to the governing body within thirty (30) days after receipt of the plan for review. Upon receipt of the recommendations of the planning board or, if no recommendations are received within thirty (30) days, the governing body may proceed with the hearing on the proposed plan of development prescribed by subsection (c) of this section.
The governing body shall hold a public hearing on a plan of development or substantial modification of an approved plan of development after public notice by one (1) publication during the week immediately preceding the hearing, in a newspaper having a general circulation in the municipality. The notice shall describe the time, date, place and purpose of the hearing, shall generally identify the plan of development area covered by the plan and shall outline the general scope of the development project under consideration.
Following the hearing, the governing body may approve a plan of development if it finds there is a need to take corrective measures in order to halt or prevent deterioration of property values or structures within the development area or to halt or prevent the growth of blighted areas therein, or any combination thereof, and if it further finds that the plan will afford maximum opportunity, consistent with the sound needs and plans of the municipality as a whole, for the development or redevelopment of the development area by the authority and by private enterprise.

History. Laws 1983, ch. 150, § 1.

§ 15-9-209. Additional powers of authority; sale or letting of property at fair value.

In addition to the other powers granted by this article, the authority shall have all powers, except as limited in the ordinance or any amendments thereto establishing the authority, necessary to carry out and effectuate the purposes and provisions of this article, including but not limited to the following powers:
1. To acquire by purchase, lease, license, option, gift, grant, devise or otherwise any property or any interest therein;
2. In connection with public facilities, to improve land and to construct, reconstruct, equip, improve, maintain, repair and operate buildings and other improvements, whether on land of the authority or otherwise;
3. To lease or sublease as lessor any property owned or leased by it or under its control on such terms and conditions as may be established by the board for residential, recreational, commercial, industrial or other uses or for public use in accordance with the plan of development;
4. To sell or otherwise dispose of property of the authority or any interest therein, subject to such covenants, conditions and restrictions as it deems necessary or desirable to carry out the purposes and objectives of the authority, for residential, recreational, commercial, industrial or other uses or for public use in accordance with the plan of development;
5. To fix, charge and collect fees, rates, tolls, rents and charges for the use of any property of the authority or any property under its control and to pledge any such revenues in support of any obligations of the authority;
6. To cooperate with the municipality in which the authority is located and any other governmental agency or public body and to enter into contracts with any such agency or body;
7. To make to or receive from the municipality or the county in which the authority is located conveyances, leasehold interests, grants, contributions, loans and any other rights and privileges;
8. To invest any funds of the authority not required for immediate disbursement in property or securities in which public bodies may invest funds, and to redeem any bonds issued by the municipality at the redemption price established therein or to purchase such bonds at less than the redemption price, all bonds so redeemed or purchased to be cancelled;
9. To deposit any funds not required for immediate disbursement in any depository authorized by law to receive and hold public funds. For the purpose of making such deposits, the board may appoint, by written resolution, one (1) or more persons to act as custodians of the funds of the authority. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires;
10. To demolish and remove buildings and improvements located on, and to install, construct or reconstruct improvements and facilities, including public facilities, on any land owned by the authority or the municipality in preparation for conveyance to purchasers or lessees, or otherwise.
Any sale or letting of property by the authority shall be at not less than its fair value (as determined by the authority and the governing body) for uses in accordance with the plan of development. In determining the fair value of real property for such uses, an authority shall consider the uses provided in the development plan; the restrictions upon and the covenants, conditions and obligations assumed by the purchaser or lessee; and the objectives of the development plan.

History. Laws 1983, ch. 150, § 1.

§ 15-9-210. Authorization of bonds; determination of costs; expenditure of proceeds.

By ordinance adopted by the governing body at a regular or special meeting, by a vote of a majority of the members of the governing body, the municipality may issue bonds, payable solely from taxes pledged pursuant to W.S. 15-9-207 , to pay all or any part of the cost of any project or for furthering any purpose of this article.
The governing body, in determining such costs, may include all costs and estimated costs of the issuance of the bonds; all engineering, inspection, fiscal and legal expenses; any discount on the sale of the bonds; the cost of any financial, professional or other expert advice; contingencies; any administrative, operating or other expenses of the municipality incurred pursuant to the issuance of the bonds, as may be determined by the governing body; all other expenses as may be necessary or incident to the financing, acquisition, improvement, equipment and completion of any development project or for furthering any purpose of this article; sufficient provision of reserves for working capital, operation, maintenance or replacement expense, or for payment or security of principal of or interest on any bonds during or after an acquisition or improvement, and equipment, as the governing body may determine; and reimbursements to any governmental agency or instrumentality for any monies expended pursuant to agreement on any project or for furthering any purpose of this article.
In each project financed by the proceeds of bonds issued under this article, the governing body shall determine the costs of, and may budget a percentage of bond proceeds for, operation and administration of the project.
The proceeds of the bonds may be expended by the municipality or, with the consent of the municipality, by the authority as agent for, and on behalf of, the municipality. If the proceeds of the bonds are applied for the acquisition of real or personal properties, the governing body may:
1. Retain title to the properties in its own name, and lease or grant licenses or privileges in the properties to the authority in order that the authority may, as principal or agent, exercise its powers with respect to the properties; or
2. Convey title to the properties to the authority for such consideration and subject to such terms and conditions as the governing body may prescribe without regard to any restriction, limitation or condition otherwise imposed by statute on the sale or disposition of the properties by a municipality.

History. Laws 1983, ch. 150, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Adverse impact upon existing business as factor affecting validity and substantive requisites of issuance, by state or local governmental agencies, of economic development bonds in support of private business enterprise, 39 ALR4th 1096.

§ 15-9-211. Bond provisions; lost or destroyed securities; facsimile signatures; limited obligations.

Bonds issued pursuant to this article shall bear interest at a rate such that the net effective interest rate of the issue does not exceed the maximum net effective interest rate authorized, payable semiannually or annually, and evidenced by one (1) or two (2) sets of coupons, if any, executed with the facsimile or manually executed signature of any official of the municipality; except that the first coupon appertaining to any bond may evidence interest not in excess of one (1) year. The ordinance authorizing the issuance of the bonds shall specify the maximum net effective interest rate. The bonds may be issued as term or serial bonds, in one (1) or more series, may bear such date, may mature at such time not exceeding twenty (20) years duration, may be in such denomination or denominations, may be payable in such medium of payment at such place or places within or without the state (including but not limited to the office of any county treasurer in which the municipality is located wholly or in part), may carry such registration privileges, may be subject to such terms of prior redemption in advance of maturity in such order or by lot or otherwise at such time with or without a premium, may be executed in such manner, may bear such privileges for reissuance in the same or other denomination, may be so reissued, without modification of maturities and interest rates, and may be in such form, either bearer, coupon or registered, with such recitals, terms, covenants, conditions and other details as may be provided by the governing body, subject to the provisions of this article.
The governing body may provide for preferential security for any bonds, both principal and interest, to be issued pursuant to this article to the extent deemed feasible and desirable by the governing body over any bonds that may be issued thereafter. The bonds may be sold at, above or below the principal amounts thereof, but they may not be sold at a price such that the net effective interest rate of the issue of bonds exceeds the maximum net effective interest rate authorized. The bonds may be sold at public or private sale as determined by the governing body to be in the best interest of the issuer. Bonds may be issued with privileges for conversion or registration, or both, for payment as to principal or interest, or both; and, where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon.
Subject to the payment provisions of this article, the bonds, any interest coupons attached thereto, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of this article, except as the governing body may otherwise provide; and each holder of each security, by accepting the security, shall be conclusively deemed to have agreed that the security, except as otherwise provided, is and shall be fully negotiable within the meaning and for all purposes of this article.
Notwithstanding any other provision of law, the governing body in any proceedings authorizing bonds pursuant to this article:
1. May provide for the initial issuance of one (1) or more bonds, referred to in this subsection as “bond”, aggregating the amount of the entire issue;
2. May make such provision for installment payments of the principal amount of any such bond as it may consider desirable;
3. May provide for the making of any such bond, payable to bearer or otherwise, registrable as to principal or as to both principal and interest and, where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bonds;
4. May further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both.
If lost or completely destroyed, any security authorized by this article may be reissued in the form and tenor of the lost or destroyed security upon the owner furnishing, to the satisfaction of the governing body, proof of ownership; proof of loss or destruction; a surety bond in twice the face amount of the security, including any unmatured coupons appertaining thereto; and payment of the cost of preparing and issuing the new security.
Any officer authorized to execute any bond, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed, with a facsimile signature in lieu of his manual signature, any bond authorized in this article, if such a filing is not a condition of execution with a facsimile signature of any interest coupon, and if at least one (1) signature required or permitted to be placed on each such bond, excluding any interest coupon, is manually subscribed. An officer’s facsimile signature shall have the same legal effect as his manual signature.
Bonds issued pursuant to this section shall constitute an indebtedness of the municipality within the meaning of constitutional and statutory limitations. However, each bond issued pursuant to this section shall recite in substance that the bond, including interest payable thereon, is payable solely from the revenues or special funds pledged to the payment thereof and the bond constitutes a limited obligation of the municipality.

History. Laws 1983, ch. 150, § 1.

§ 15-9-212. Refunding bonds; limited obligations.

By ordinance adopted by the governing body at a regular or special meeting, by vote of a majority of the members of the governing body, any bonds issued under this article may be refunded by the municipality without an election, subject to the provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise relating thereto. Any bonds issued for refunding purposes may either be delivered in exchange for the outstanding bonds authorized to be refunded or may be sold as provided in this article for the sale of other bonds.
No bonds may be refunded under this article unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within ten (10) years from the date of issuance of the refunding bonds. Provision shall be made for paying the bonds within said period of time. No maturity of any bonds refunded may be extended over fifteen (15) years. The rate of interest on such refunding bonds shall be determined by the authority. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds refunded so long as provision is duly and sufficiently made for their payment.
The proceeds of refunding bonds shall either be immediately applied to the retirement of the bonds to be refunded or be placed in escrow or in trust to be applied to the payment of the bonds refunded upon their presentation. Any proceeds held in escrow or in trust pending use may be invested or reinvested in state or federal securities. The proceeds and investments in escrow or in trust, together with any interest or other gain to be derived from any investment, shall be in an amount at all times sufficient as to principal, interest, any prior redemption premium due and any charges of the escrow agent or trustee payable therefrom, to pay the bonds refunded as they become due at their respective maturities or due at the designated prior redemption date upon which the authority shall be obligated to call the refunded bonds for prior redemption.
The relevant provisions pertaining to bonds generally shall be equally applicable in the authorization and issuance of refunding bonds, including their terms and security, the bond resolution, trust indenture, taxes and revenues, and other aspects of the bonds.
Bonds issued pursuant to this section shall constitute an indebtedness of the municipality within the meaning of constitutional and statutory limitations. However, each bond issued pursuant to this section shall recite in substance that the bond, including interest payable thereon, is payable solely from the revenues or special funds pledged to the payment thereof and the bond constitutes a limited obligation of the municipality.

History. Laws 1983, ch. 150, § 1.

§ 15-9-213. Revenue bonds.

In addition to the bonds authorized pursuant to W.S. 15-9-212 , the municipality may issue revenue bonds payable solely from legally available nontax revenues of the municipality. Except for the foregoing, bonds shall be issued pursuant to all the other provisions of W.S. 15-9-211 . However, revenue bonds issued pursuant to this section shall not constitute an indebtedness of the municipality within the meaning of any constitutional or statutory limitations but an election of the qualified electors of the municipality shall be required for the issuance thereof. The election shall be called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 . Each revenue bond issued pursuant to this section shall recite in substance that the bond, including interest thereon, is payable solely from the nontax revenues or special funds pledged to the payment thereof and the bond does not constitute a debt of the municipality within the meaning of any constitutional or statutory limitations.

History. Laws 1983, ch. 150, § 1; 1996, ch. 97, § 2.

§ 15-9-214. Tax exemption; exceptions.

The bonds and the income therefrom shall be exempt from taxation, except estate and transfer taxes.

History. Laws 1983, ch. 150, § 1.

§ 15-9-215. Limitation of actions.

After thirty (30) days from the effective date of any ordinance or resolution authorizing the issuance of bonds pursuant to this article, all actions or suits challenging its findings, determinations or contents or challenging the validity of the bonds shall be perpetually barred.

History. Laws 1983, ch. 150, § 1.

§ 15-9-216. Rights and powers of bondholders.

Subject to any contractual limitations binding upon the holders of any issue of bonds or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of the holders, any holder of bonds or trustee therefor has the right and power, for the equal benefit and protection of all holders of bonds similarly situated:
1. By an action in the nature of mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the municipality and to require and compel the governing body to perform its duties and obligations under this article and its covenants and agreements with the bondholders;
2. By action or suit in equity to require the governing body to account as if they were the trustees of an express trust;
3. By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders;
4. To bring suit upon the bonds.
No right or remedy conferred by this article upon any holder of bonds or any trustee therefor is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this article or by any other law.

History. Laws 1983, ch. 150, § 1.

§ 15-9-217. Officers and other personnel employed by board; duties; administrative expenses.

The board shall employ and fix the compensation, subject to the approval of the governing body, of the following, who shall serve at the pleasure of the board:
1. A director, who shall be a person of good moral character and possessed of a reputation for integrity, responsibility and business ability. No member of the board is eligible to hold the position of director. Before entering upon the duties of his office, the director shall take and subscribe to the oath of office and furnish a bond as required by the board. The director is the chief executive officer of the authority. Subject to the approval of the board and directed by it when necessary, he shall have general supervision over and be responsible for the preparation of plans and the performance of the functions of the authority in the manner authorized by this article. He shall attend all meetings of the board and shall render to the board and to the governing body a regular report covering the activities and financial condition of the authority. In the absence or disability of the director, the board may designate a qualified person to perform the duties of the office as acting director. The director shall furnish the board with such information or reports governing the operation of the authority as the board may from time to time require;
2. A treasurer, who shall keep the financial records of the authority and who, together with the director, shall approve all vouchers for the expenditure of funds of the authority. He shall perform such other duties as may be delegated to him by the board;
3. A secretary, who shall maintain custody of the official seal, if any, and of all records, books, documents or other papers not required to be maintained by the treasurer. He shall attend all meetings of the board and keep a record of all its proceedings. He shall perform such other duties as may be delegated to him by the board;
4. Upon recommendation of the director, such clerical, technical and professional assistants, including but not limited to persons in the fields of engineering, planning and economic research, as shall, in the opinion of the board, be necessary to provide for the efficient performance of the functions of the board.
Upon approval of the governing body of the municipality and a majority of the persons voting in the election, called for the purpose of this subsection, owning real property within the downtown development authority excluding real property used exclusively for residential purposes, under election procedures specified by the governing body, an annual special assessment not to exceed thirty (30) mills against the assessed value of real property within the downtown development authority, excluding real property used exclusively for residential purposes, may be levied. The authorization for the assessment expires in four (4) years unless reauthorized by the governing body and persons owning real property within the district. The assessment shall be levied and collected in the same manner as the general property tax levy for the municipality. Proceeds of the assessment may be expended by the authority for:
1. Administrative costs;
2. Landscaping or maintenance of public areas;
3. Planning or management of development or improvement activities;
4. Promotion of public events; and
5. Activities in support of business recruitment and development.
All proceeds of the assessment shall be used by the authority for district activities and improvements.

History. Laws 1983, ch. 150, § 1; 1987, ch. 53, § 1.

§ 15-9-218. Authority to adopt budget; sources of finance.

The authority shall adopt a budget for each fiscal year, shall maintain accounts, and shall cause an annual audit, or other oversight in accordance with rules applicable to special districts under W.S. 9-1-507(a)(iii), to be made pertaining to the fiscal affairs of the authority. Administrative review of the proposed budget shall be in accordance with the policies of each municipality, prior to submission of the proposed budget to the governing body for approval.
The operations of the authority shall be principally financed from the following sources and such other sources as may be approved by the governing body:
1. Donations to the authority;
2. Monies borrowed and to be repaid from other funds received under the authority of this article.

History. Laws 1983, ch. 150, § 1; 1994, ch. 29, § 1.

§ 15-9-219. Assessments against funds of authority.

The governing body shall have the power to assess against the funds of the authority for the use and benefit of the general fund of the municipality a reasonable pro rata share of such funds for the cost of handling and auditing, which assessment when made shall be paid annually by the board pursuant to an appropriate item in its budget.

History. Laws 1983, ch. 150, § 1.

§ 15-9-220. Conflict of interest.

No board member or employee of the board shall vote or otherwise participate in any matter in which he has a specific financial interest, defined as a matter in which the member or employee would receive a benefit or incur a cost substantially greater than other property owners within the district. When such interest appears, the board member or employee shall make such interest known, and shall thenceforth refrain from voting on or otherwise participating in the particular transaction involving such interest. Willful violation of the provisions of this section constitutes grounds for dismissal subject to the provisions of W.S. 15-9-206(d).

History. Laws 1983, ch. 150, § 1.

§ 15-9-221. Provisions to be construed liberally.

All powers conferred upon municipalities by this article are cumulative and in addition to those conferred by any other general or special law or municipal charter or ordinance and shall be liberally construed to effectuate the purposes of this article. This article is an alternative method of accomplishing its purposes independent of and in addition to any other powers conferred upon municipalities electing to exercise the authority granted by this article.

History. Laws 1983, ch. 150, § 1.

§ 15-9-222. Property in development area subject to taxes for municipality's general obligation debts.

Subject to W.S. 15-9-207 , all real and personal property located within the development area shall continue to be subject to ad valorem taxes levied by the municipality to pay the principal and interest on all existing general obligation debts of the municipality and any future debts which may be authorized by law.

History. Laws 1983, ch. 150, § 1.

§ 15-9-223. Inclusion of additional property into development area; procedure.

Subsequent to the organization of an authority, additional property may be included in the development area. Proceedings for inclusion shall be initiated by petition to the board of the authority signed by the owner or owners in fee of each parcel of land adjacent to the existing area sought to be included. The petition shall include evidence satisfactory to the board concerning title to the property and an accurate legal description thereof. If the board approves the application, it shall submit the application to the governing body of the municipality. If the governing body also approves the application, it shall then, at a regular or special meeting, by amendment to the ordinance treating the authority, redescribe the development area so as to include the additional property as described in the petition. From the effective date of the amendment the additional property shall be included within the development area and shall be subject to any taxes thereafter imposed by the municipality for the use and benefit of the authority.

History. Laws 1983, ch. 150, § 1.

Chapter 10 Housing Projects

Cross references. —

For the Wyoming Urban Renewal Code, see § 15-9-101 et seq.

Am. Jur. 2d, ALR and C.J.S. references. —

Construction and effect of state legislation forbidding discrimination in housing on account of physical handicap, 28 ALR4th 685.

What constitutes illegal discrimination under state statutory prohibition against discrimination in housing accommodations on account of marital status, 33 ALR4th 964.

Award of punitive damages to prevailing plaintiffs in actions brought pursuant to § 812 of the Fair Housing Act of 1968 (42 USC § 3612(c) [repealed]), 59 ALR Fed 936.

Necessity and sufficiency of environmental impact statement under § 102(2)(C) of National Environmental Policy Act of 1969 (42 USC § 4332(2)(C)) in cases involving housing and urban renewal projects, 65 ALR Fed 121.

“Redlining,” consisting of denial of home loans or insurance coverage in certain neighborhoods, as discrimination in violation of §§ 804 and 805 of Fair Housing Act (42 USC §§ 3604, 3605), 73 ALR Fed 899.

What constitutes impairment of proposed intervenor's interest to support intervention as matter of right under Rule 24(a)(2) of Federal Rules of Civil Procedure in actions involving government-supported housing and welfare programs, 75 ALR Fed 570.

Substantive issues relative to rent levels and termination of benefits under United States Housing Act of 1937 (42 USC § 1437 et seq.), 77 ALR Fed 884.

Tenant selection criteria under § 8 of Housing Act of 1937 (42 USC § 1437f), 80 ALR Fed 470.

Evidence of discriminatory effect alone as sufficient to prove, or to establish prima facie case of, violation of Fair Housing Act (42 USC § 3601 et seq.), 100 ALR Fed 97.

Validity, construction, and application of § 804(c) of Civil Rights Act of 1968 (Fair Housing Act) (42 USCS § 3604(c)) prohibiting discriminatory notice, statement, or advertisement with respect to sale or rental of dwellings, 142 ALR Fed 1.

Actions under Fair Housing Act (42 USC §§ 3601 et seq.), based on sexual harassment or creation of hostile environment, 144 ALR Fed 595.

Construction and application of § 804(f) of Fair Housing Act (42 U.S.C. § 3604(f)), prohibiting discrimination in housing because of individual's disability, 148 ALR Fed 1.

Award of attorney's fees to prevailing parties in actions under Fair Housing Act, 42 U.S.C. § 3613(c)(2), 159 ALR Fed 279.

§ 15-10-101. Definitions.

As used in this chapter:
1. “Area of operation” means the area within the boundaries of a municipality or county as the case may be or, in the case of combined operations of municipalities and counties, the area comprising the operating area of all the municipalities and counties so combining. In the case of a housing authority, all the area of operation of the municipality or county, or the combined area of two (2) or more municipalities and counties for which the housing authority is established;
2. “Housing project” or “project” means any undertaking on contiguous or noncontiguous sites to:
  1. Make plans and undertake surveys to carry out the purposes of this chapter;
  2. Demolish, clear or remove unsafe or unsanitary or substandard buildings; or
  3. Provide, or assist in providing by any suitable method decent, safe and sanitary housing and related facilities to persons of low income.
3. “Person” means any individual, firm, corporation, partnership, company, association or institution;
4. “Persons of low income” means persons or families who, as determined by the public body undertaking a project, cannot afford to pay the amounts at which private enterprise, unaided by public subsidy, is providing decent, safe and sanitary housing;
5. “Political subdivision” means county, city or town, school district or any other local government entity of the state or the officers thereof.

History. Laws 1971, ch. 205, § 1; W.S. 1957, § 24.1-1; W.S. 1977, § 15-11-101 ; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Stated in

Cheyenne Newspapers, Inc. v. City of Cheyenne, 2016 WY 125, 386 P.3d 329, 2016 Wyo. LEXIS 139 (Wyo. 2016).

§ 15-10-102. Findings prerequisite to exercising authority.

No municipality or county shall exercise the authority conferred by this chapter until its governing body adopts a resolution finding that:
1. Unsanitary or unsafe or substandard inhabited dwelling accommodations exist in the municipality or county; or
2. There is a shortage of safe and sanitary dwelling accommodations in the municipality or county available to persons of low income at rentals or prices they can afford.

History. Laws 1971, ch. 205, § 2; W.S. 1957, § 24.1-2; W.S. 1977, § 15-11-102 ; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 15-10-103. Powers of municipalities and counties generally.

Every municipality and county may:
1. Prepare, carry out and operate projects and provide for the acquisition, construction, reconstruction, rehabilitation, improvement, extension, alteration or repair of any project;
2. Lease, rent, sell or lease with option to purchase any dwellings, accommodations, lands, buildings, structures or facilities embraced in any project and establish and revise the rents or charges therefor;
3. Own, hold and improve real or personal property;
4. Acquire by any means any property or any interest therein;
5. Sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or any interest therein;
6. Make loans for the provision of housing for occupancy by persons of low income;
7. Insure any property or operations against any risks or hazards;
8. Invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to redeem its bonds at the redemption price established therein or to purchase its bonds at less than the redemption price and ensure that all bonds so redeemed or purchased are cancelled;
9. Prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, nonprofit organizations and others) displaced from a housing project site.

History. Laws 1971, ch. 205, § 3; W.S. 1957, § 24.1-3; W.S. 1977, § 15-11-103 ; Laws 1980, ch. 38, § 1.

Cross references. —

As to powers of cities and towns generally, see § 15-1-103 .

As to general powers of counties, see § 18-2-101 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Investment in property. —

Under Wyo. Stat. Ann. § 15-10-103(a)(viii), the Teton County Housing Authority could only invest in property if that property was such that a savings bank could invest in it. Gronberg v. Teton County Hous. Auth., 2011 WY 13, 247 P.3d 35, 2011 Wyo. LEXIS 14 (Wyo. 2011).

Limitations on borrowing. —

Wyo. Stat. Ann. § 15-10-103 did not authorize borrowing, and Wyo. Stat. Ann. § 15-10-108 provided specific limitations on when borrowing may occur; assuming that the allegations of the landowners' complaint were true, that property was not a party of a housing project, but instead was purchased as an investment, then Wyo. Stat. Ann. § 15-10-108 did not authorize borrowing to purchase that property. Gronberg v. Teton County Hous. Auth., 2011 WY 13, 247 P.3d 35, 2011 Wyo. LEXIS 14 (Wyo. 2011).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of statute, ordinance, or regulation requiring compliance with housing standards before rent increase or possession by new tenant, 20 ALR4th 1246.

§ 15-10-104. Property provisions inapplicable.

No provision of law with respect to the acquisition, operation or disposition of property by public bodies is applicable to a municipality or county exercising powers under this chapter unless specifically provided by the legislature.

History. Laws 1971, ch. 205, § 4; W.S. 1957, § 24.1-4; W.S. 1977, § 15-11-104 ; Laws 1980, ch. 38, § 1.

§ 15-10-105. Joint exercise of powers; increasing area of operation.

Any powers capable of exercise by a municipality or county under this chapter may be exercised jointly with any other municipality or county or combinations thereof.
The area of operation of any municipality, county or housing authority or any combination of these bodies operating jointly may be increased to include additional contiguous areas upon the request or consent, by resolution, of the governing body of the municipality or county within which the additional area lies.

History. Laws 1971, ch. 205, §§ 5, 6; W.S. 1957, §§ 24.1-5, 24.1-6; W.S. 1977, §§ 15-11-105 , 15-11-106 ; Laws 1980, ch. 38, § 1.

§ 15-10-106. Dwellings for major disaster victims.

Notwithstanding the provisions of this chapter or any other provisions of law during the period a municipality or county determines there is an acute need for housing to assure the availability of dwellings for victims of a major disaster, the municipality or county, as the case may be, may undertake the development and administration of housing projects for the federal government, and dwellings in any housing project under its jurisdiction may be made available to victims of a major disaster.

History. Laws 1971, ch. 205, § 7; W.S. 1957, § 24.1-7; W.S. 1977, § 15-11-107; Laws 1980, ch. 38, § 1.

§ 15-10-107. Tax exemption for public property; exception.

The property of a municipality or county acquired or held pursuant to this chapter is public property used for essential public, governmental purposes and is exempt from all taxes and special assessments of any public body. This tax exemption does not apply to any portion of a project used for a profitmaking enterprise, but in taxing those portions appropriate allowance shall be made for any expenditure by a municipality or county for utilities or other public services which it provides to the property. In lieu of taxes on property exempt under this section, a municipality or county may agree to make such payments to any public body as it finds consistent with the maintenance of the low-rent character of housing projects and the achievement of the purpose of this chapter.

History. Laws 1971, ch. 205, § 8; W.S. 1957, § 24.1-8; W.S. 1977, § 15-11-108; Laws 1980, ch. 38, § 1.

Law reviews. —

For article, “Practitioner's Guide to Valuation and Assessment Appeals of State and Local Assessed Property,” see XXXII Land & Water L. Rev. 173 (1997).

§ 15-10-108. Financing; borrowing; obligations authorized; security; debt provisions inapplicable; tax exemption.

A municipality or county may borrow funds and issue any types of obligations it determines are necessary for the purpose of financing housing for persons of low income, including obligations on which the principal and interest are payable exclusively from the income and revenues:
1. Of the project financed with the proceeds of the obligations; or
2. Of certain designated projects whether or not they are financed in whole or in part with the proceeds of the obligations.
The obligations specified in subsection (a) of this section may be additionally secured by a pledge of any loan, grant or contributions, or parts thereof, from the federal government or other source or a pledge of any income or revenues connected with a housing project.
Neither the governing body nor any person executing an obligation as specified in subsection (a) of this section is liable personally thereon by reason of the issuance thereof. The obligations issued under this chapter are payable solely from the sources provided in this section and do not constitute an indebtedness of the municipality or county within the meaning of any constitutional or statutory debt limitation or restriction and are not general obligations of the municipality or county. The obligations are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, are exempt from taxes. The tax exemption provisions of this chapter are considered part of the contract for the security of the obligations authorized by this chapter and need not be restated in the obligations.

History. Laws 1971, ch. 205, § 9; W.S. 1957, § 24.1-9; W.S. 1977, § 15-11-109; Laws 1980, ch. 38, § 1.

Applicability. —

Because any debt created by a housing authority under Wyo. Stat. Ann. § 15-10-108 was not a general obligation and was payable only from sources other than the county's taxing authority, Wyo. Const. art. 16 §§ 3, 4, and 5 did not apply. Gronberg v. Teton County Hous. Auth., 2011 WY 13, 247 P.3d 35, 2011 Wyo. LEXIS 14 (Wyo. 2011).

Limitations on borrowing. —

Wyo. Stat. Ann. § 15-10-103 did not authorize borrowing, and Wyo. Stat. Ann. § 15-10-108 provided specific limitations on when borrowing may occur; assuming that the allegations of the landowners' complaint were true, that the property was not a party of a housing project, but instead was purchased as an investment, then Wyo. Stat. Ann. § 15-10-108 did not authorize borrowing to purchase that property. Gronberg v. Teton County Hous. Auth., 2011 WY 13, 247 P.3d 35, 2011 Wyo. LEXIS 14 (Wyo. 2011).

§ 15-10-109. Financing; form and manner of issuing obligations; negotiability; presumptions.

Obligations issued pursuant to this chapter shall be authorized by resolution and may:
1. Be issued in a form and manner and subject to the terms and conditions the resolution provides;
2. Be sold at public or private sale.
Any provision of any law to the contrary notwithstanding, any obligations issued pursuant to this chapter are fully negotiable.
In any suit, action or proceeding involving the validity or enforceability of any obligation issued pursuant to this chapter or the security therefor, any obligation reciting in substance that it has been issued by the municipality or county to aid in financing a project is conclusively deemed to have been issued for that purpose, and the project is conclusively deemed to have been planned, located and carried out in accordance with the purposes and provisions of this chapter.

History. Laws 1971, ch. 205, § 10; W.S. 1957, § 24.1-10; W.S. 1977, § 15-11-110; Laws 1980, ch. 38, § 1.

§ 15-10-110. Financing; exemption from judicial process; exception; waiver.

All property acquired or held by a municipality or county pursuant to this chapter is exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the property, nor shall any judgment against the municipality or county be a charge or lien upon the property. The provisions of this section do not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the municipality or county on its rents, fees or revenues or the right of the federal government to pursue any remedies conferred upon it pursuant to this chapter. A municipality or county may waive its exemption under this section with respect to claims against any profitmaking enterprise occupying any portion of a project, provided that a waiver does not affect or impair the rights of any obligee of the municipality or county.

History. Laws 1971, ch. 205, § 11; W.S. 1957, § 24.1-11; W.S. 1977, § 15-11-111; Laws 1980, ch. 38, § 1.

§ 15-10-111. Financing; federal assistance.

Any municipality or county may borrow money or accept financial assistance from the federal government for any project or related activities. A municipality or county may include in any contract for financial assistance with the federal government any provisions which the federal government requires as conditions to its financial aid consistent with the purposes of this chapter.

History. Laws 1971, ch. 205, § 12; W.S. 1957, § 24.1-12; W.S. 1977, § 15-11-112; Laws 1980, ch. 38, § 1.

§ 15-10-112. Power of eminent domain.

A municipality or county has the right to acquire by the exercise of the power of eminent domain any real property or interest therein which it deems necessary for its purposes under this chapter after adopting a resolution declaring that the acquisition of the real property described in the resolution is necessary for such purposes. A municipality or county may exercise the power of eminent domain in the manner provided by law.
Property already devoted to a public use may be acquired by the power of eminent domain, provided that no real property belonging to any public body may be acquired without its consent.

History. Laws 1971, ch. 205, § 13; W.S. 1957, § 24.1-13; W.S. 1977, § 15-11-113; Laws 1980, ch. 38, § 1.

Cross references. —

As to eminent domain generally, see § 1-26-501 et seq. and Rule 71.1, W.R.C.P.

§ 15-10-113. Powers of public bodies generally; agreements; effect thereof; notice.

Consistent with the intent of this chapter, any public body, upon terms it determines, may:
1. Dedicate, convey or lease any of its interest in any property, or grant easements or any other rights therein to a municipality, or county, or to the federal government;
2. Cause parks, playgrounds or recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with those projects and to incur the entire expense of any public improvements made pursuant to this chapter;
3. Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake;
4. Plan or replan, zone or rezone any parts of a project;
5. Make exceptions from building regulations and ordinances and make changes in its map;
6. Cause services to be furnished to a municipality or county of the character which the public body is otherwise empowered to furnish;
7. Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of the projects;
8. Enter into agreements with a municipality or county respecting action to be taken by the public body pursuant to powers granted by this chapter.
If title to or possession of any project is held by any public body or governmental agency authorized by law to engage in the development or administration of low-rent housing or slum clearance projects, including any agency or instrumentality of the United States of America, the provisions of the agreements shall inure to the benefit of and may be enforced by the public body or governmental agency.
Any sale, conveyance, lease or agreement by a public body provided for in this section may be made after public notice, notwithstanding any other laws to the contrary.

History. Laws 1971, ch. 205, § 14; W.S. 1957, § 24.1-14; W.S. 1977, § 15-11-114; Laws 1980, ch. 38, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of statute, ordinance, or regulation requiring compliance with housing standards before rent increase or possession by new tenant, 20 ALR4th 1246.

Validity and construction of provision of Cable Communications Policy Act (47 USC § 541(a)(2)) allowing cable companies access to utility easements on private property, 113 ALR Fed 523.

§ 15-10-114. When investment in bonds authorized; duty of care; other restrictions inapplicable.

The state or any officer thereof, any political subdivision, any person carrying on a banking or insurance business and any fiduciary may legally invest any funds belonging to them or within their control in any bonds issued pursuant to this chapter or issued by any public housing authority or agency in the United States, any of its territories, the District of Columbia, Puerto Rico, Guam or the Virgin Islands, when the bonds are secured by:
1. A pledge of annual contributions or other financial assistance to be paid by the United States government or any agency thereof; or
2. An agreement between the United States government or any agency thereof and the municipality, county, public housing authority or agency in which the United States government or any agency thereof agrees to lend to the municipality, county, public housing authority or agency, prior to the maturity of the bonds, monies which:
  1. When together with any other monies irrevocably committed to the payment of interest on the bonds will suffice to pay the principal of the bonds or other obligations with interest to maturity;
  2. Under the terms of the agreement are required to be used for this purpose.
The bonds specified in subsection (a) of this section are authorized security for all public deposits and are fully negotiable in this state.
Nothing contained in this section shall be construed as relieving any person from any duty of exercising reasonable care in selecting securities.
The provisions of this section apply notwithstanding any restrictions on investments contained in other laws.

History. Laws 1971, ch. 205, § 15; W.S. 1957, § 24.1-15; W.S. 1977, § 15-11-115; Laws 1980, ch. 38, § 1.

§ 15-10-115. Powers which may be exercised by municipality or county or by authority.

A municipality or county may exercise its housing project powers or, if its governing body determines such action to be in the public interest, may establish a housing authority pursuant to W.S. 15-10-116 and elect to have these powers exercised by it. A housing authority so established is vested with all powers conferred by this chapter on municipalities and counties except that the following functions must be exercised by the municipality or county itself:
1. The findings required to be made as provided in W.S. 15-10-102 ;
2. The power to approve a housing project;
3. The powers relating to cooperation among municipalities and counties under W.S. 15-10-113 ;
4. The powers of municipalities and counties under subsection (a) of this section; and
5. The power to establish a housing authority under the provisions of W.S. 15-10-116 .

History. Laws 1971, ch. 205, § 16; W.S. 1957, § 24.1-16; W.S. 1977, § 15-11-116; Laws 1980, ch. 38, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Cited in

Cheyenne Newspapers, Inc. v. City of Cheyenne, 2016 WY 125, 386 P.3d 329, 2016 Wyo. LEXIS 139 (Wyo. 2016).

§ 15-10-116. Housing authority; creation; form; commissioners; proceedings; officers, agents; proof of establishment.

There is created in each municipality and county a public body corporate and politic to be known as the “housing authority” of a municipality or county.
If the governing body of each of two (2) or more municipalities or counties, or combinations of municipalities and counties, has made the finding prescribed in W.S. 15-10-102 , has taken the necessary action to cooperate with one another and has elected as provided in W.S. 15-10-115 to have its housing project powers exercised by a housing authority created for all the municipalities or counties so joining or cooperating, a public body corporate and politic to be known as a regional housing authority shall thereupon exist for all these municipalities or counties or combinations thereof. Additional municipalities or counties may elect to have the regional authority exercise their powers upon taking the actions specified in this subsection, and with the consent, by resolution, of all the municipalities and counties having elected to have their powers exercised by the regional authority.
If a housing authority has been created and authorized to exercise housing project powers, commissioners of the authority shall be appointed as follows:
1. In the case of a municipal housing authority, the mayor, with the advice and consent of the governing body, shall appoint five (5) persons as commissioners;
2. In the case of a county housing authority, the governing body shall appoint five (5) commissioners. Commissioners who are first appointed to a municipal or county authority shall be designated to serve for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively, from the date of their appointment. Thereafter commissioners shall be appointed as specified for a term of five (5) years and until their successors are chosen, except that all vacancies shall be filled for the unexpired term;
3. In the case of a regional housing authority, the governing body of each municipality and county participating shall appoint one (1) person as a commissioner of the authority. If only two (2) municipalities or counties or a combination thereof are participating, the commissioners appointed by the governing bodies of the participants shall appoint one (1) additional commissioner. The commissioners of a regional authority shall be appointed for terms of five (5) years, except that all vacancies shall be filled for the unexpired term;
4. Each commissioner shall qualify by taking the official oath of office prescribed by general statute;
5. A commissioner shall not receive compensation for his services but is entitled to reimbursement for necessary expenses incurred in the discharge of his duties;
6. Each commissioner shall hold office until his successor has been appointed and has qualified. A certificate of appointment or reappointment of any commissioner shall be filed with the authority, and this certificate is conclusive evidence of the due and proper appointment of the commissioner.
The powers of each authority are vested in the commissioners. The commissioners shall elect from among their members a chairman and vice chairman. A majority of the commissioners of an authority constitute a quorum for all purposes, notwithstanding the existence of any vacancies. Action may be taken by the authority upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority require a larger number. Meetings of the commissioners of an authority may be held anywhere within the area of operation of the authority or within any additional area in which the authority is authorized to undertake a project.
An authority may employ an executive director, legal and technical experts and such other officers, agents and employees as it requires, and shall determine their qualifications, duties and compensation. An authority may delegate to one (1) or more of its agents or employees any powers or duties it deems proper.
In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, an authority is conclusively deemed to be established and authorized to transact business and exercise its powers upon proof of compliance with the provisions of paragraphs (c)(i) or (ii) of this section, as the case may be. A copy of the resolutions required to be adopted by the governing body electing to have its housing project powers exercised by a housing authority shall be filed with the clerk. A copy of the resolution duly certified by the clerk is admissible in evidence in any suit, action or proceeding.

History. Laws 1971, ch. 205, § 17; W.S. 1957, § 24.1-17; W.S. 1977, § 15-11-117; Laws 1980, ch. 38, § 1.

Quoted in

Cheyenne Newspapers, Inc. v. City of Cheyenne, 2016 WY 125, 386 P.3d 329, 2016 Wyo. LEXIS 139 (Wyo. 2016).

§ 15-10-117. Housing authority; removal of commissioners.

A commissioner of an authority may be removed by the mayor, or in the case of a county or regional authority, by the body or official which appointed the commissioner, for inefficiency, neglect of duty or misconduct in office. A commissioner shall be removed only after a hearing and after he has been given a copy of the charges at least ten (10) days prior to the hearing and has had an opportunity to be heard in person or by counsel. If any commissioner is removed, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk.

History. Laws 1971, ch. 205, § 18; W.S. 1957, § 24.1-18; W.S. 1977, § 15-11-118; Laws 1980, ch. 38, § 1.

Chapter 11 Municipal Election Provisions

Article 1. Offices and Terms

§ 15-11-101. When offices filled.

The offices specified in this article shall be filled by the vote of the residents of a city or town at the general municipal election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-335; W.S. 1977, § 22-23-501 ; Laws 1998, ch. 100, § 4.

§ 15-11-102. Officers of incorporated town; terms; how elected.

The elective officers of an incorporated town are one (1) mayor and four (4) councilmen. The term of office of mayor and councilman is four (4) years, and until his successor is qualified. They are elected at large.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-336; W.S. 1977, § 22-23-502; Laws 1998, ch. 100, § 4; 2005, ch. 25, § 1.

The 2005 amendment, changed the term of the mayor from two to four years.

Laws 2005, ch. 25, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 17, 2005.

Prospective application. —

Laws 2005, ch. 25, § 2, provides that nothing in the act shall be deemed to extend the current term of office of any elected official serving on the effective date of the act.

§ 15-11-103. Officers of first class city; terms; how elected.

The elective officers of a first class city, not including a city adopting the commission or city manager form of government, are a mayor and the number of councilmen determined by the governing body of the city when they provide for the number of wards in the city. The term of office of the mayor and a councilman is four (4) years and until his successor is qualified. The mayor shall be elected at large and the councilmen shall be elected at large or by wards or by a combination of at large and ward election districts. The governing body of the city shall determine by ordinance at the time wards are created or reorganized whether individual, multimember or at large election districts shall be provided. The districting system, as approved by the council to apply uniformly to the entire city, may provide individual member election districts, multimember election districts which do not exceed three (3) council members per district, or that a portion of the entire membership of the council not to exceed one-third (1/3) of the total members shall be elected from an at large district constituting the entire city. Once established, the districts, except to modify boundaries because of population changes and to encompass annexed territory, shall not be altered or amended more often than each ten (10) years or when the state reapportions.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-337; Laws 1983, ch. 183, § 2; W.S. 1977, § 22-23-503 ; Laws 1998, ch. 100, § 3.

§ 15-11-104. Officers in city or town with commission government; term; how elected.

The elective officers of a city or town adopting the commission form of government are a mayor, a commissioner of finance and public property, and a commissioner of streets and public improvements. The term of the mayor is four (4) years and each commissioner is two (2) years and until his successor is qualified. They are elected at large.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-338; W.S. 1977, § 22-23-504 ; Laws 1998, ch. 100, § 4; 2005, ch. 25, § 1.

The 2005 amendment changed the term of the mayor from two to four years.

Laws 2005, ch. 25, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 17, 2005.

Prospective application. —

Laws 2005, ch. 25, § 2, provides that nothing in the act shall be deemed to extend the current term of office of any elected official serving on the effective date of the act.

§ 15-11-105. Officers in city or town with city manager government; terms; legislative authority; method of selection; alternative method.

The elective officers of a city or town adopting the city manager form of government are councilmen elected as provided by law. There shall be three (3) councilmen in cities and towns having a population of less than four thousand (4,000), seven (7) in those having a population of four thousand (4,000) or more but less than twenty thousand (20,000) and nine (9) in those having a population of twenty thousand (20,000) or more. The term of office of a councilman is four (4) years and until his successor is qualified. Legislative authority is vested in the council.
Councilmen in a municipality adopting the city manager form of government shall be elected at large, unless a petition requesting an alternate method of selection by wards, or by a combination of wards and at large, is approved at a special election on the question by a majority vote of the electors voting on the question:
1. Such petition shall be signed by not less than ten percent (10%) of the qualified electors registered in the municipality;
2. If the petition is for a combination of wards and at large, it shall state the number of wards, the number of councilmen to be elected from each ward, and the number of councilmen to be elected at large. A petition seeking ward representation or combination of wards and at large shall contain the names of petitioners to serve on the ward boundary committee;
3. The petition shall be filed with the city clerk, who shall determine whether the petition is legally sufficient;
4. If the petition is legally sufficient, the question shall be submitted to the voters at a special municipal election and shall be in the following form:
  Shall the city councilmen be elected at large? Yes • No • Shall the city councilmen be elected by wards? Yes • No • Shall the city councilmen be elected by a combination of wards and at large as follows: (Here state the method of combination requested in the petition) Yes • No •
  
  Click to view
5. The method approved by a plurality vote shall be proclaimed adopted by the mayor. A copy of the proclamation shall be mailed to the county clerk and the secretary of state;
6. If representation by wards or a combination of wards and at large is adopted, ward boundaries shall be determined by a committee composed of the governing body and an equal number of petitioners designated in the petition, and adopted by ordinance of the governing body. The creation or elimination of wards shall take effect at the next regular municipal primary and general elections;
7. If an alternate method of selecting councilmen is not adopted at the special election, the question shall not be submitted to the voters within four (4) years after the election. If an alternate method of representation is adopted at the special election, the question of changing the method of representation shall not be submitted to the voters for ten (10) years after the special election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-339; W.S. 1977, § 22-23-505; 1998, ch. 100, § 4; 2009, ch. 170, § 1.

The 2009 amendment, effective July 1, 2009, in (a), in the second sentence, deleted “according to the last preceding United States census” from the end.

Editor's notes. —

Construction with other law. —

The plain language of subsection (b) authorizes petitions to include two alternative methods of selecting council members and is fully consistent with other Wyoming election code provisions. Shumway v. Worthey, 2001 WY 130, 37 P.3d 361, 2001 Wyo. LEXIS 154 (Wyo. 2001).

Mayor without veto power. —

§ 15-11-106. Term of office subject to termination.

The term of any municipal elective office is subject to termination if a change of the form of municipal government necessitates a termination of an existing term of office.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-340; W.S. 1977, § 22-23-506; 1998, ch. 100, § 4.

Article 2. Terms of Office after First Election

§ 15-11-201. Councilmen in newly incorporated city or town.

At the first meeting of the council after the first election in a newly incorporated city or town, other than a first class city or municipality adopting the city manager or commission form of government, two (2) of the councilmen first elected shall be selected by lots to serve four (4) year terms and two (2) to serve two (2) year terms. At each subsequent general election, two (2) councilmen shall be elected to serve a four (4) year term.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-343; W.S. 1977, § 22-23-601 ; Laws 1998, ch. 100, § 4.

§ 15-11-202. Councilmen in first class city.

At the first election in a city which has divided into wards two (2) or three (3) councilmen shall be elected from each ward for the following terms:
1. If two (2) councilmen are elected from each ward, one (1) councilman shall serve a two (2) year term and one (1) councilman shall serve a four (4) year term;
2. If three (3) councilmen are elected from each ward, one (1) councilman shall serve a two (2) year term and two (2) councilmen shall serve a four (4) year term;
3. The terms of office shall be determined by lots cast by the council at its first meeting.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-344; W.S. 1977, § 22-23-602 ; Laws 1998, ch. 100, § 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 15-11-203. Municipality with commission government.

At the first election in a municipality adopting the commission form of government, the mayor shall be elected to serve a four (4) year term and all other officers shall be elected to serve a two (2) year term.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-345; W.S. 1977, § 22-23-603 ; Laws 1998, ch. 100, § 4; 2005, ch. 25, § 1.

The 2005 amendment inserted “the mayor shall be elected to serve a four (4) year term and all other.”

Laws 2005, ch. 25, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 17, 2005.

Prospective application. —

Laws 2005, ch. 25, § 2, provides that nothing in the act shall be deemed to extend the current term of office of any elected official serving on the effective date of the act.

§ 15-11-204. Municipality with city manager government.

At the first election in a municipality adopting the city manager form of government, a majority of the councilmen elected shall serve two (2) year terms and the balance of the councilmen elected shall serve four (4) year terms. The terms of office shall be determined by lots cast by the council at its first meeting.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-346; W.S. 1977, § 22-23-604; Laws 1998, ch. 100, § 4.

§ 15-11-205. Election of councilmen in city manager government having alternate method of representation.

At the first election in a city manager form municipality, after adopting an alternate method of representation, councilmen shall be elected equal in number to the number of council terms expiring. Offices expiring shall be filled by candidates from wards having the lowest number designation and not having a holdover member on the council. At the second election, candidates will be elected from wards not having holdover members. Councilmen shall be elected for the regular four (4) year term.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-347; W.S. 1977, § 22-23-605; Laws 1998, ch. 100, § 4.

Article 3. Changing Form of Government

§ 15-11-301. Forms of government authorized; procedure for change.

An incorporated city or town may adopt the commission or city manager form of government or other lawful form of government as follows:
1. An incorporated city or town shall submit to the vote of the electors the question whether to change the form of government on the petition of qualified electors residing in the city or town equal in number to fifteen percent (15%) of the number of electors voting at the last preceding municipal general election;
2. A petition for a special election on the question of changing the form of government shall be filed with the city clerk at least one hundred twenty (120) days prior to the next regular municipal primary election;
3. A petition for change of the form of government may not be filed within four (4) years after the existing form of government was established;
4. When such petition is filed and determined by the city clerk to be legally sufficient, the mayor shall proclaim a special election on the question stating the present form of government, the proposed new form of government, and the time of the election. The proclamation shall be published at least once a week for four (4) consecutive weeks in a newspaper of general circulation in the city or town;
5. The special election on the question of change of the form of government shall be held not less than thirty (30) days nor more than sixty (60) days after the petition is filed;
6. Such special election shall be conducted in the manner prescribed by W.S. 22-23-801 through 22-23-809 ;
7. If the majority of votes cast are in favor of the proposed new form of government, the municipality shall at the next municipal primary and general elections nominate and elect officers under the new form of government. When the officers are elected and qualified, the municipality shall be governed by the new form of government;
8. Immediately after the special election on the question of change of form of government, the mayor shall certify the result of the election to the county clerk and the secretary of state.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-348; W.S. 1977, § 22-23-701 ; Laws 1998, ch. 100, § 4.

Cross references. —

As to the preservation of existing laws and ordinances when the form of government is changed, see § 15-1-118 .

As to computing periods of time, § 22-2-110 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

“Established” in subsection (a)(iii) means that date when the new form of government began to operate, pursuant to § 22-23-404 , and said term is not ambiguous. Committee to Restore Mayor-Council Form of Government v. Rawlins, 692 P.2d 944, 1984 Wyo. LEXIS 353 (Wyo. 1984).

No conflict between subsections (a)(ii) and (a)(iii). —

If the combined effect of subsections (a)(ii) and (a)(iii) is to give a new form of government much more than four years to operate before a different form of government can be instituted because of the timing of elections, that is a decision made by the legislature, and it is not for the courts to determine otherwise; said paragraphs do not conflict. Committee to Restore Mayor-Council Form of Government v. Rawlins, 692 P.2d 944, 1984 Wyo. LEXIS 353 (Wyo. 1984).

Question of submitting to electors of a Wyoming city proposition of accepting manager form of government in that city is not controlled directly by the Wyoming constitution nor are the provisions relating thereto specifically designated as initiative and referendum. However, in many states similar provisions are constitutional and are so denominated. State ex rel. Benham v. Cheever, 71 Wyo. 303, 257 P.2d 337, 1953 Wyo. LEXIS 18 (Wyo. 1953).

It is sufficient if petition is signed by qualified electors. There is no constitutional provision which prohibits the legislature from permitting the signing of the petition by persons not yet registered but who upon registration would be permitted to vote. State ex rel. Keefe v. McInerney, 63 Wyo. 280, 182 P.2d 28, 1947 Wyo. LEXIS 15 (Wyo. 1947).

But it is undoubtedly required and contemplated that signers of petition should at least be residents of city in good faith. It is hardly probable, however, that it is contemplated that all signers of the petition should be compelled to go on the witness stand to testify to their own qualifications as signers of the petition. That means that resort must be had to secondary and less satisfactory evidence to prove that the requisite number of qualified electors have signed the petition. State ex rel. Keefe v. McInerney, 63 Wyo. 280, 182 P.2d 28, 1947 Wyo. LEXIS 15 (Wyo. 1947).

Prima facie evidence of sufficiency of petitions. —

In a mandamus proceeding by petitioners to compel the mayor of Cheyenne to call an election for determination by the people whether the city should adopt a city manager plan, papers denominated “Petition for manager form of government” filed with the city of Cheyenne, which were introduced into evidence without objection, constituted prima facie evidence sufficient to show that these “petitions” were what they purported to be. Thereafter, it became incumbent upon the city authorities to present evidence to the court questioning the validity and correctness of the petitions, if such officials doubted their propriety and correctness. State ex rel. Benham v. Cheever, 71 Wyo. 303, 257 P.2d 337, 1953 Wyo. LEXIS 18 (Wyo. 1953).

§ 15-11-302. Rejection of change by voters.

If a change of form of government is rejected by the voters at the special election, the question shall not be resubmitted to the voters for a period of four (4) years following the special election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-349; W.S. 1977, § 22-23-702; Laws 1998, ch. 100, § 4.