§ 35-1-628 — (xxx) Divide the city or town into suitable districts for establishing a system of drainage including surface water drainage, sanitary sewers and water mains and: (A) Provide and regulate the construction, repair and use of sewers and drains; (B) Provide penalties for violations of regulations; (C) Assess against the property concerned any penalty or costs and expenses in compliance with regulations

Wyoming § 35-1-628

• Jurisdiction: Wyoming
• Title 15: Cities and Towns
• Ch. 1: GENERAL PROVISIONS
• Art. 1: POWERS AND MISCELLANEOUS MATTERS

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(xxxi) Take any action to establish, alter and
regulate as deemed necessary the channels of streams, water
courses and any other public water sources or supplies within
the city;
(xxxii) Establish, maintain and in a manner the
governing body determines provide for the housing of public
libraries and reading rooms and in connection therewith or
separately public museums and:
(A) Purchase books and other appropriate
material;
(B) Purchase and receive as gifts or on loan any
books, pictures, articles or artifacts relating to the history,
resources and development of the United States and its parts and
lands;
(C) Place a museum temporarily in charge of
donors; and
(D) Receive donations and bequests for the
museum, in trust or otherwise, and make contracts and
regulations for the care, protection and government thereof.
(xxxiii) Grant franchises for such terms as the
governing body deems proper to any utility company, and, for
communication companies, in accordance with W.S. 15-1-131,
provided no franchise may be entered into with any person in
which that person is given an exclusive right for any purpose
whatsoever and:
(A) Grant to any franchisee utility company the
privilege to install and maintain necessary installations under
or over any streets, alleys or avenues;
(B) Contract for a specified time period with
any franchisee electric light or gas company for the necessary
energy and service for the lighting of streets, public buildings
or other requirements of the city or town;
(C) Upon renewal or initial grant or renewal
after condemnation of a franchise, may provide in the franchise
that the franchisee shall furnish a gas distribution system
through which any supplier, including the franchisee, may sell
and distribute natural gas as provided by subsection (b) of this
section, to any person served by the distribution system,
provided that before any city or town implements this
subparagraph, the question of whether or not to do so shall be
submitted to and approved by a majority of the electors of the
city or town voting on the question at a one-time election
called for that purpose.
(xxxiv) Establish and regulate a police department,
pass ordinances relating to the department and adopt job
descriptions for all department personnel;
(xxxv) Exercise the power of eminent domain and take
property for public use within and without the city limits for
any necessary or authorized public purpose as defined by W.S.
1-26-801(c);
(xxxvi) Require all buildings to be numbered by the
owners, lessees, occupants or agents and in case of failure to
comply with such requirements, cause the numbering to be done
and assess the costs against the property or premises numbered;
(xxxvii) In addition to the appointed officers and
employees provided by law, establish other positions as are
necessary for the efficient operation of the city or town and:
(A) Prescribe duties and rules of all
appointees;
(B) Determine working conditions or pay scales
and supplementary benefits, as long as those provisions are not
in conflict with existing statutes;
(C) During an emergency or special conditions
warranting, make additional temporary appointments;
(D) Specify by ordinance that if any person is
removed from office for incompetency, neglect of duty or
otherwise for cause, the charges against that person shall be
specified and the person removed shall be provided an
opportunity for a hearing on the charges under procedures
established in the ordinance;
(E) Make the cause of removal a matter of
record.
(xxxviii) Cause compilations, codifications and
comprehensive revisions to be made of all ordinances in force
and provide for their distribution, sale and exchange;
(xxxix) Lease lands owned or possessed outside the
corporate limits which contain caves, caverns, or other natural
formations to any person for the development and use of the
natural formations on terms and conditions approved by the
governing body;
(xl) With written permission of the landowner or
governmental agency involved, reclaim for beneficial use
substandard lands by filling excavations and other depressions
with refuse from the cities and towns, provided the deposit of
refuse and the reclamation of the lands shall be done in a
manner approved by the landowner, adjoining landowners and in
accordance with any applicable laws or ordinances;
(xli) Adopt ordinances, resolutions and regulations,
including regulations not in conflict with this act and
necessary for the health, safety and welfare of the city or
town, necessary to give effect to the powers conferred by this
act and, except as provided by paragraph (xlvi) of this
subsection, enforce all ordinances by imposing fines not
exceeding seven hundred fifty dollars ($750.00), or imprisonment
not exceeding six (6) months, or both. The governing body of a
city or town may by ordinance impose a term of probation for
battery which may exceed the maximum term of imprisonment
established for the offense provided the term of probation,
together with any extension thereof, shall in no case exceed one
(1) year;
(xlii) Subject to subsection (d) of this section,
take any action necessary to acquire any needed or useful
property, or to 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, or departments or
agencies thereof, for which funds may be borrowed from, granted
or made available in whole or in part, on a matching basis or
otherwise, by the United States of America or the state of
Wyoming, or any subdivision, department or agency of either;
(xliii) License and regulate pawnbrokers and junk or
secondhand dealers and provide for the examination of premises
and business property of such persons pursuant to law for the
purpose of discovering stolen property;
(xliv) Take into custody abandoned, or junk motor
vehicles and parts or remains thereof which are nuisances and
are on public property or on public streets, alleys and ways
and:
(A) Remove and store the vehicles or parts at
the expense of the owner;
(B) Permit redemption of the vehicles or parts;
(C) If not redeemed after giving public notice
sell the vehicles or parts without warranty;
(D) Pay expenses from the sale; and
(E) After lapse of a reasonable length of time,
deposit unclaimed proceeds from the sale of vehicles or parts
into the general fund of the municipality.
(xlv) Contract with nonprofit corporations, hospitals
and clinics to provide human services for persons within its
jurisdiction;
(xlvi) Adopt ordinances establishing pretreatment
standards and requirements for municipal waste water collection
systems and provide for enforcement of the standards and
requirements through:
(A) Injunctive relief; and
(B) The assessment against industrial users of
civil or criminal penalties for violations of, or noncompliance
with, the pretreatment standards and requirements, provided the
civil penalty shall not be less than one thousand dollars
($1,000.00) and shall not exceed ten thousand dollars
($10,000.00) a day for each day of violation. The proceeds of
any civil penalty imposed by a district court under any
ordinance adopted pursuant to this paragraph shall be deposited
in the general fund of the city or town.
(xlvii) By ordinance, prohibit or authorize and
regulate the operation of golf carts as defined under W.S.
31-5-102(a)(lxi) on public streets and roadways within the
corporate boundaries of the city or town;
(xlviii) Repealed By Laws 1999, ch. 22, § 2.
(xlix) Unless specifically prohibited by statute,
accept negotiable paper in payment of any tax, assessment,
license, permit, fee, fine or other money owing to the city or
town or collectible by the city or town on behalf of the state
or other unit of government, or in payment of any bail deposit
or other trust deposit. As used in this paragraph, negotiable
paper means money orders, paper arising from the use of a lender
credit card as defined in W.S. 40-14-140(a)(ix), checks and
drafts, including, without limitation, sales drafts and checks
and drafts signed by a holder of a lender credit card issued by
a bank maintaining a revolving loan account as defined in W.S.
40-14-308, for lender credit card holders. The acceptance of
negotiable paper by the governing body under this subsection
shall be in accordance with and subject to the same terms and
conditions provided by W.S. 18-3-505. Any fees assessed for
processing a credit card payment may be borne by the governing
body of the city or town or person tendering payment. Any fees
assessed for processing a credit card payment collected on
behalf of the state shall be borne by the governing body of the
city or town or person tendering payment and not by the state;
(l) Appoint special municipal officers, who are not
certified as peace officers, to issue citations to individuals
for the limited purpose of enforcing ordinances, resolutions and
regulations in the areas of animal control, parking and
municipal code enforcement. Special municipal officers are not
law enforcement officers:
(A) For purposes of employee benefits provided
in title 9 of Wyoming statutes;
(B) Are not peace officers for purposes of title
6 or title 7 of Wyoming statutes;
(C) Are not peace officers for purposes of W.S.
1-39-112;
(D) Shall not be required to carry a firearm;
(E) Shall not have the power of arrest;
(F) Shall not be issued a peace officer's badge;
and
(G) Shall not represent themselves to be peace
officers.
(b) Any franchise granted pursuant to subparagraph
(a)(xxxiii)(C) of this section is subject to the following:
(i) The franchise agreement shall specify who is
responsible for deliverability;
(ii) The distribution system shall continue to be a
public utility whose charges are regulated by the public service
commission. The charges shall reflect the reasonable nongas
costs subject to management audit as the public service
commission deems necessary plus a reasonable return on
investment;
(iii) Any city or town or its authorized
representative shall act as an agent for any person served by
the system in negotiating terms and conditions for the supply of
natural gas to that person, and the franchisee distribution
system shall accept for delivery to any person served by the
system, natural gas from any supplier;
(iv) The public service commission shall designate a
place or places in the vicinity of the distribution system for
the acceptance of natural gas not supplied by franchisee;
(v) The public service commission shall adopt and
enforce minimum quality standards for all gas delivered to the
distribution system. These standards shall reflect the
practices of the operators of the distribution system unless
good cause is shown for different standards. The standards
shall be designed to facilitate the commingling of gas from
different suppliers;
(vi) As soon as there are at least two (2) suppliers
offering natural gas to all customers served by the franchisee
and as soon as the additional supplier or suppliers are capable
of delivering gas in at least one-third (1/3) of the volume
required by the entire distribution system provided that the
public service commission finds that the suppliers own or
control, and have committed to guaranteed delivery, reserves of
natural gas sufficient to supply ten (10) years of demand at
that level, then all persons supplying gas shall have the
authority to set their own prices. The proposed supplier has
the burden of proving adequate reserves and deliverability. The
Wyoming oil and gas commission shall report to the public
service commission on the adequacy and deliverability when a
utility gas supply is proposed to be displaced under this act;
(vii) Subject to the availability of pipeline
capacity and the requirements of federal law and regulations the
public service commission may, after notice and hearing if
necessary, designate any point in the state on a gas pipeline
operated for the purpose of delivering gas to the distribution
system or its parent or subsidiary company as a point for
receipt of gas to the system and regulate the charges for
shipping gas from that point to the system. If a pipeline has
insufficient capacity the public service commission consistent
with W.S. 30-5-125 may require it to accept gas that has a lower
price to the consumer in preference to higher price gas. The
public service commission may impose any conditions or
requirements pursuant to this subsection that are necessary to
protect the public health, safety and welfare, to ensure the
efficient operation of the natural gas distribution and supply
system and to ensure the lowest possible price to retail
customers, including but not limited to proper assignment of
costs of connecting suppliers to the system;
(viii) When a city renews or grants a franchise for
the supply of natural gas under subparagraph (a)(xxxiii)(C) of
this section, the public service commission may require that the
distribution of gas in surrounding unincorporated areas also be
made subject to the terms of the same franchise;
(ix) If a distribution system has only one (1)
supplier of natural gas all prices charged in that franchise are
subject to W.S. 37-2-121 and 37-2-122;
(x) All suppliers of gas to the distribution system
shall annually report to the public service commission the
annual consumption of natural gas by their customers of record
at the date of the report and their natural gas reserves. If
their natural gas reserves are less than a five (5) year supply,
the public service commission may forbid any supplier from
serving new customers until the reserves are equal to a five (5)
year supply for all customers;
(xi) Any supplier entering the system under this
subsection is liable for injuries, damages or other losses to
the extent to which the injuries, damages or other losses are
proximately caused by the supplier's operations within the
system and are due to failure of the supplier to exercise that
standard of care which a reasonable, prudent person would
exercise under the same or similar circumstances to avoid an
undue risk of harm or are due to the supplier's failure to
deliver contracted amounts of natural gas.
(c) Any provision in a gas purchase contract which
contains or creates an indefinite escalator clause, otherwise
known as a "favored nation treaty" provision, is contrary to the
public policy of the state and is void and unenforceable if:
(i) The contract is to sell gas to the holders of a
municipality franchise which supplies retail customers in the
state;
(ii) The contract provides for the sale in the state
of gas produced within the state;
(iii) The contract gas price is in excess of the
general market price which would otherwise exist in the absence
of the indefinite escalator clause; and
(iv) The higher price resulting from the application
of the escalator clause is not required by any enforceable
provision of statutes or regulations enacted or adopted pursuant
to the Natural Gas Policy Act of 1978 or other appropriate
statutes and regulations of the United States.
(d) Before the governing body of a city or town enters
into an agreement to borrow money from the United States of
America or from the state of Wyoming, or from any subdivision,
agency or department of either, to fund a public improvement
project to be repaid solely from revenues generated by the
enterprise with which the financed project is associated, the
proposal to enter into the loan agreement shall be submitted to
and approved by the electors of the city or town in the same
manner and pursuant to the same procedures as provided for bond
issues under the Political Subdivision Bond Election Law, if the
total amount to be borrowed for the project exceeds the greater
of:
(i) Five million dollars ($5,000,000.00); or
(ii) An amount calculated by multiplying the number
of individuals to be served by the proposed public improvement
project times one thousand two hundred dollars ($1,200.00).