2.20.010 Created.
|
Section
2.20.010 Created.
There is created an official planning commission
to promote the health, safety, order, beauty, prosperity and general welfare of the city and to
secure efficiency, economy and concerted effort in its growth and development. (Ord. 11-77
§ 1) |
|
Section 2.20.020 Number of members
and appointment.
The planning commission shall consist of seven voting members.
Six of these
members shall
be qualified as electors of the City. One member shall be a resident of and shall represent the
unincorporated area within three miles of the Rawlins City Limits. (Ord. 4A-88 (part): Ord. 8I-78
§ 1: Ord. 11-77 § 2; Ord. 6A-94, Amended 6-21-94)
|
The members of the commission shall be
appointed for terms
of three years; provided
however, that of the appointments first made under this chapter, two shall be appointed for each
one-year and two-year terms, and three shall be appointed for three-year terms. All members
shall hold office until their successors are appointed and qualified. Removal of members and
filling of vacancies shall be in accordance with the then current city policy for appointment to
boards and commissions. (Ord. 4A-88 (part): Ord. 11-77 § 3)
The planning commission shall elect its own
chairman and
shall create and fill such other
offices as it may determine it requires for the proper conduct of the affairs and business of the
commission. The chairman shall be eligible for reelection. The commission shall hold at least
one regular meeting in each month at such time and place as may be fixed by the commission.
Special meetings of the commission may be called by the chairman, or in his absence, by any of
the members of the commission. A majority of the commission shall constitute a quorum for the
transaction of business. Any member of the planning commission shall automatically disqualify
himself from voting on any decision in which he may have a personal interest by virtue of the
ownership of land to be affected by zoning or other similar situation. All meetings shall be open
to the public. The commission shall adopt such other rules and regulations governing its
organization and procedures as it may deem necessary, which rules and regulations shall not be
inconsistent with the ordinances of the city and the laws of the state. The commission shall keep
a record of its resolutions, transactions, findings and determinations which record shall be a
public record. The commission shall make each year a report to the mayor and city council of its
proceedings with a full statement of its receipts, disbursements and the progress of its work
during the preceding fiscal year. (Ord. 11-77 § 4)
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| A. | The planning commission may, by and with the
consent of the city council, appoint employees to perform necessary duties and may also, with the
approval of the city council, contract with municipal planners, engineers, landscape architects,
legal council and other consultants for such services as may be required. |
| B. | The planning commission shall, when it deems
necessary or appropriate, recommend to the city council that it contract for, accept and expend
grants from the federal government available for the purpose of urban planning and renewal and
from any agency of the state which might have funds available for such purposes. |
| (Ord. 11-77 § 5) |
All moneys appropriated by the city council and
all moneys
received from grants, gifts and
other sources for the use and benefit of the planning commission fund shall be deposited with the
city treasurer to the credit of the planning commission fund and shall be paid out only on
warrants of the planning commission approved by the city council. (Ord. 11-77 § 6)
The planning commission shall, on or before the
first day
of each fiscal year, concurrently
with the city budget offices, prepare and file with the city clerk an estimate of the expenditures of
the commission for the ensuing fiscal year, itemizing the expenses, the amounts and the
purposes. (Ord. 11-77 § 7)
The planning commission shall conduct public
hearings on
the matters of zoning and special
use permits; shall take action or make recommendations to the city council in accordance with
the provisions of the zoning ordinance; and shall review and make recommendations to the city
council on annexations and subdivision plats. (Ord. 11-77 § 8(a))
The planning commission shall advise the city
council on
matters of urban planning and
development including land use studies, creation of a short and a long range master plan and
related studies, and other studies requested by the city council. (Ord. 11-77 § 8(b))
The planning commission shall cause a master
plan to be created
which will include overall
planning and development policies and shall recommend same to the city council for adoption.
The planning commission shall annually review the master plan and its components and
recommend needed changes to the city council for adoption. (Ord. 11-77 § 8(c))
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The planning commission shall annually review
the capital
improvements program and make
recommendations to the city council regarding its relationship to the master plan. (Ord. 11-77
§
8(d))
The planning commission is authorized to
cooperate with the
county planning commission and
other agencies in planning matters. (Ord. 11-77 § 8(e))
Any and all recommendations of the planning
commission shall
be submitted in writing to the
city council for approval or disapproval. Such actions by the city council must be by a recorded
vote of the majority of the city council. Failure of the city council to act within sixty days from
and after the date of the official submission of a recommendation of the planning commission
shall be deemed approval. Upon approval of a recommendation of the commission, the city
council shall within a reasonable time take action to implement the recommendation or plan by
appropriate administrative procedure, resolution or ordinance. (Ord. 11-77 § 9)
Whenever the mayor and city council have
adopted the long-range
master plan or any portion
thereof, no matter involving a change in the plan or portion thereof shall be decided by the mayor
and city council until the matter has been submitted and approved by the planning commission;
provided, that in the case of disapproval the commission shall communicate its reasons to the
mayor and the city council which shall have the power to overrule the disapproval by a majority
vote of the city council. Failure of the commission to act upon any proposed change within sixty
days from and after the date of official submission to the commission shall be deemed approval.
(Ord. 11-77 § 10)
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RECREATION BOARD OF TRUSTEES
Sections:
2.24.010 Created.
Section
2.24.010 Created.
There is created an official recreation board of
trustees
for the purpose of advising the
governing body of the city in promoting the physical and mental well-being of all ages, in
enhancing the beauty of the community, in augmenting the health, morals, safety, prosperity and
general welfare of the community, with the purpose of adding meaning to the leisure time of the
entire community. (Ord. 3B-78 § 1)
The recreation board of trustees shall consist of
nine members
who shall be qualified electors
of the city. The members shall be appointed in accordance with the then current city policy for
appointment to boards and commissions. (Ord. 4A-88 (part): Ord. 3B-78 § 2)
The members of the recreation board shall be
appointed for
terms of three years; provided,
however, that of the appointments first made under this chapter, three shall be appointed for each
one-year, two-year and three-year terms. Members may be reappointed. Removal of members
and
the filling of vacancies on the board shall be in accordance with the then current city policy for
appointment to boards and commissions. (Ord. 4A-88 (part): Ord. 3B-78 § 3)
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The recreation board of trustees shall elect its own president,
secretary and
treasurer and shall
create and fill such other offices as it may determine is required for the proper conduct of the
affairs and business of the board of trustees. The president shall be eligible for reelection. The
board and all officers shall serve without compensation. The board shall hold at least one regular
meeting in each month at such time and place as may be fixed by the board. Special meetings of
the board may be called by the president, or in his absence, by any of the members of the board.
A majority of the board shall constitute a quorum for the transaction of business. Any member of
the board shall automatically disqualify himself from voting on any decision in which he may
have a personal interest by virtue of the ownership of land to be affected by a recreation project
or other similar situation. All meetings shall be open to the public. The board shall adopt such
other rules and regulations governing its organization and procedure as it may deem necessary,
which rules and regulations shall not be inconsistent with the ordinances of the city and the laws
of the state. The board shall keep a record of its resolutions, transactions, findings and
determinations, which records shall be a public record. The board shall make each year a report
to the mayor and city council of its proceedings with a full statement of its receipts,
disbursements and the progress of its work during the preceding fiscal year. (Ord. 3B-78 §
4)
The board shall make recommendations to the
city council
as to the appointment of employees
for the performance of any duties deemed necessary by the city council. The board may also
recommend or request that the city council contract with municipal planners, engineers,
architects, recreational planners, legal counsel or other consultants for such services as may
become necessary in achieving the purposes of this chapter. The board shall, when it deems
necessary or appropriate, recommend to the city council that the city council contract for, accept
and expend grants from the federal government available for the purpose of recreation and from
any agency of the state which might have funds available for such purposes. (Ord. 3B-78 §
5)
All moneys expended by the city council and all
moneys received
from grants, gifts, donations,
bequests, devises or contributions of money or property and other sources for the use or purpose
of recreation shall be deposited with the city treasurer and payable only upon warrants issued and
approved by the city council. (Ord. 3B-78 § 6)
The board shall, on or before the first day of
June of each
year, concurrently with the city
budget officer, prepare and file with the city treasurer an estimate of the expenditures of the
board for the ensuing year, itemizing the expenses, the amount and the purposes. (Ord. 3B-78
§
7)
The recreation board of trustees shall conduct
public hearings
on the priorities of recreation,
and methods of achieving these priorities; shall make recommendations to the city council on
matters of recreational concern; and shall review and make recommendations to the city council
on additions or changes in the city's recreational system. (Ord. 3B-78 § 8(a))
The recreation board shall recommend to the
city council
reasonable rules and regulations for
the government of parks and other recreational properties in the city for the conservation of
peace and good order on and within the recreational properties, and to promote the use and
enjoyment thereof and to declare what shall constitute a nuisance upon a given recreational
property. (Ord. 3B-78 § 8(b))
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The recreation board of trustees shall advise the
city council
on matters of recreational
planning, including short-term and long-term studies. (Ord. 3B-78 § 8(c))
The recreation board of trustees shall
recommend to the city
council master plans for overall
planning and development of the individual parks and recreational projects, and for general
development of city-wide recreational master plans, when, in the opinion of the recreation board
of trustees, such plans are necessary. (Ord. 3B-78 § 8(d))
The recreation board of trustees shall annually
review the
priorities of city recreation, and any
short-term or long-term planning necessary to the achievement of these priorities. (Ord. 3B-78
§
8(e))
The recreation board of trustees, upon approval
of the city
council, is authorized to cooperate
with agencies of the county, state and federal government in matters of recreation to the extent of
their powers in this chapter. (Ord. 3B-78 § 8(f))
All rules and regulations adopted by the
recreation board
of trustees shall be promulgated in
accordance with the terms of the provisions of the Wyoming Administrative Procedure Act.
(Ord. 3B-78 § 8(g))
Any and all recommendations of the recreation
board of trustees
shall be submitted in writing
to the city council for approval or disapproval. Such action by the city council must be by a
recorded vote of the majority of the city council. Failure of the city council to act within sixty
days from and after the official submission of a recommendation of the recreation board of
trustees shall be deemed approval. Upon approval of a recommendation of the board, the city
council shall, within a reasonable time, take action to implement the recommendation or plan by
appropriate administrative procedure, resolution or ordinance. (Ord. 3B-78 § 9)
Whenever the mayor and city council has
adopted a long-range
or short-range master plan or
any portion thereof, as provided in this chapter, no matter involving a change in the plan or
portion thereof shall be decided by the mayor and city council until the matter has been
submitted to the recreation board of trustees for their recommendation. In case the board
disapproves the change, the board shall communicate its reasons to the mayor and city council.
(Ord. 3B-78 § 10)
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MUNICIPAL COURT
Sections:
Section 2.28.010 Filing
complaint.
Actions for violations of this code or city ordinances may be
commenced by filing
with the
municipal court a statement or complaint, stating the nature of the offense, signed by the city
attorney, any member of the police department, or any responsible citizens of the city. (Prior
code § 17-1)
(05-2003, Amended, 05/06/2003)
If any creditable person, on oath, makes complaint that anyone has
violated
any provisions of
this code or ordinance of the city, setting forth the ordinance and section and violation thereof, it
shall be lawful for the municipal court to issue a warrant for the apprehension of the offender as
provided in this chapter. (Prior code § 17-2)
(05-2003, Amended, 05/06/2003)
Upon the filing of a statement or complaint, the municipal court
shall enter
the case upon the
docket, in the usual manner required by law, and shall issue a summons returnable forthwith or at
such time not exceeding ten days, as the municipal court may designate or warrant as the case
may require. (Prior code § 17-3)
(05-2003, Amended, 05/06/2003)
No action before the municipal court shall be dismissed for any
defect of form
in the statement
or complaint, if it substantially sets forth the nature of the violation alleged, so as to give the
defendant notice of the charge which he is required to answer and the statement or complaint
may include several persons charged with the same offense. (Prior code §
17-4)
(05-2003, Amended, 05/06/2003)
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Any person arrested by virtue of a warrant issued as provided in this
chapter
may be admitted
to bail by executing a bond to the city, to be approved by the municipal court, conditioned that
he/she will appear on a day therein named before the municipal court, and not to depart this court
without leave. The bond shall be attested by the municipal court and filed in his office, and an
entry of the filing thereof shall be made in his docket. (Prior code §
17-5)
(05-2003, Amended, 05/06/2003)
If the defendant fails to appear according to the conditions of the
bail bond,
or appearing shall
depart the court without leave, the municipal court may enter judgment against the Defendant
and their sureties for the penalty of the bond. (Prior code § 17-6)
(05-2003, Amended, 05/06/2003)
Upon entering judgment of forfeiture of a bail bond, it shall be the
duty of
the municipal court
to issue process in behalf of the city against the parties liable on the bond, requiring them to
appear before the court on a day to be mentioned therein, and show cause, if they have any, why
judgment should not be confirmed against them, and execution issued on the judgment, and any
judgment entered against them may be set aside by the municipal court if the defendant
personally appears before the municipal court at the time mentioned in the process and show
good cause for setting aside the judgment by affidavit of some creditable person; and it is lawful
for the sureties in the bond to appear before the municipal court at the time aforesaid, and make
the same defense that is allowed for the nonappearance of the principal under the laws of this
state in similar cases before the municipal court. (Prior code § 17-7)
(05-2003, Amended, 05/06/2003)
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ELECTIONS
Sections:
Section
2.32.010 Wards.
The territory embraced within the corporate
limits of the
city shall be and the city is divided
into three wards, a map of which is on file in the office of the city clerk. (Prior code §
10-2)
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PERSONNEL REGULATIONS AND BENEFITS
Sections:
Section 2.36.010 Employee policy
manual adopted.
The city council may from time to time adopt by
resolution
an employee policy manual which
sets forth the benefits and regulations for which employees of the city shall be subject to, a copy
of which shall be maintained in the office of the city manager. (Ord. 7-81: prior code §
2-52)
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DISPOSITION OF UNCLAIMED PROPERTY
Sections:
2.40.020 Records.
2.40.040 Liability.
Section 2.40.010 Possession and
maintenance.
The chief of police is authorized to take
possession and
maintain all unclaimed articles or
property that may be entrusted to the care of the police department or otherwise come into their
possession in the course of the duties of the department. (Ord. 11-78 § 1)
A record shall be kept on all unclaimed articles
received
by the police department containing a
description of the property, the time, date and circumstances under which it was received, the
person or persons from whom it was received, the name and address of the owner if known, and
the date and manner of its disposition. (Ord. 11-78 § 2)
The owner or person entitled to possession of
the property
may claim the property at any time
prior to the first publication of notice of sale by proving to the satisfaction of the chief of police,
his ownership of the property and paying all expenses incurred therein including the charges for
storage. (Ord. 11-78 § 4)
The chief of police shall be responsible for the
care and
preservation of all unclaimed property
until it is sold or returned to the lawful owner thereof, but in no event shall he be liable for
damages for the loss or damage to the unclaimed property. (Ord. 11-78 § 3)
The chief of police or his representative is
authorized to
sell at public auction, to the highest
bidder, all unclaimed articles or property. The public sale may be conducted at intervals of three
months or semiannually as may be deemed advisable, but in no case may an article be sold that
has been in the possession of the police department for a period of less than thirty days. (Ord.
11-78
§ 5)
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When a sale of any article or property is to be
held pursuant to this chapter, notice of the time and place of the sale shall be given at least ten
days prior to the date of the sale in one of the following manners:
| A. | By posting a notice of the sale in three public places
in the city; |
| B. | By one publication thereof in some newspaper of
general circulation published in the city; |
| C. | By mailing a written notice to the owners of the
various articles to be sold at their last known or given address. |
| (Ord. 11-78 § 6) |
| A. | In case any article or property is sold for more than a
sufficient amount to make recompense on the purpose for which it was held or to pay any
necessary charges of the police department plus incidental expenses for advertising or
notification, etc., such excess shall be deposited with the city treasurer and upon order of the city
council, paid to the person entitled to possession of the property, provided claim and proof is
duly made thereof before the city council. |
| B. | In the event no claim for the proceeds of any article
offered for sale is made within thirty days after the sale, the proceeds thereof shall be listed as
"sale of personal property" and remitted to the city treasurer as part of the police department's
receipts. |
| (Ord. 11-78 § 7) |
Unclaimed perishable property may be sold at
public auction
in the manner set forth in this
chapter for personal property other than perishable property at any time prior to the expiration of
the thirty-day period, if such is appropriate in the interest of preserving the value thereof. (Ord.
11-78 § 8)
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POLICE PENSION
Sections:
2.44.020 Elections.
2.44.060 Meetings.
2.44.070 Record.
Section 2.44.010 Establishment and
membership.
There is hereby established a police pension
board. The
board shall consist of the governing
body (city council) and three members elected from the city's police department. (Ord. No.
5A-95, Enacted,
05/2/95)
The police department shall elect three (3)
regular qualified
members to the board every two
(2) years, in accordance with Section 15.5.303 of the Wyoming Statutes. (Ord. No. 5A-95,
Enacted, 05/2/95)
The board terms of the members of the city
council shall
be coterminous with their terms on
the city council. The board terms of the police members of the department shall be two
(2) years,
with each term commencing on the first day of each odd numbered year. (Ord. No. 5A-95,
Enacted, 05/2/95)
| A. | The police pension board shall
manage the police pension fund(s) in accordance with Article 3 of Title 15, Subtitles 5 of the
Wyoming Statutes. |
| B. | 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 chair or any member of the board may administer oaths to witnesses. |
| C. | 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 evolvement may be paid to any member of the
board for any duty required or performed under this chapter. |
| D. | The board may make all necessary
rules and regulations for its guidance in conformity with the provisions of this
chapter. |
| E. | 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 once every two (2)
years cause an actuarial investigation of all the experience under the accounts within the funds(s)
to be made; |
| | 3. | Pay out of funds which shall be
provided by the city the cost of the valuations and investigations under paragraphs (1) and (2) of
this section; |
| | 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(s) exceed the liabilities in those
accounts. |
| | 5. | Send to the city treasurer on a
monthly basis 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 chair and secretary of the
board, attested under oath, and shall be filed by the treasurer in his office as a permanent record.
The city treasurer shall then make out a regular city voucher for each of the persons named on the
list 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 viable
funds of the pension fund(s) 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 are paid. |
| (Ord. No. 5A-95, Enacted, 05/2/95) |
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The mayor is ex-officio chair of the pension
board, and the
members of the board shall elect
other officers as deemed necessary. The city manager shall provide a member of the city
staff
to
serve as secretary of the board. The secretary shall make annual reports to the governing
body
on the condition of the fund(s), 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 shall
furnish
the secretary with any pertinent information needed to compile the reports or to furnish the board
with necessary information. (Ord. No. 5A-95, Enacted, 05/2/95)
The board shall meet at least once each month
as scheduled
by the board and otherwise upon
the call of the chair. 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. (Ord. No. 5A-95, Enacted, 05/2/95)
The record shall consist of:
| A. | All formal or informal notices, pleadings, motions
and intermediate rulings; |
| B. | Evidence received or considered including matters
officially noticed; |
| C. | Questions and offers of proof, objections and rulings
thereon; |
| D. | Any proposed findings and exceptions
thereto; |
| E. | Any opinion, findings, decision or order of the
hearing board and report by the officer presiding at the hearing. |
| (Ord. 6-87 § 7) |
The chairman shall upon application of any
party issue subpoenas
requiring the appearance of
witnesses for the purpose of taking evidence or requiring the production of documents relevant
and material to the matter. Failure to obey any subpoena may be remedied in the manner
provided by the Wyoming Administrative Procedures Act. Upon timely motion, the chairman
may quash or modify any subpoena if it is unreasonable or oppressive.
Discovery may be permitted in the same manner
as allowed
by the Wyoming Administrative
Procedures Act. (Ord. 6-87 § 8)
Informal disposition of the matter may only be
made upon
stipulation between the city
manager and the department head and approved by the governing body. The council, after
receiving evidence, shall declare the hearing closed. The council may ask any party to render
proposed conclusions of law and statement of facts as they may deem advisable and shall take
the case under advisement. In the event a recommended decision is rendered, all parties shall be
afforded a reasonable opportunity to file exceptions thereto which shall be deemed a part of the
record. All parties as a matter of right shall be permitted to file a brief with the hearing board.
A
decision shall be declared in writing within a reasonable time following consideration of all the
matters presented at the hearing, but not later than fifteen days from the conclusion of the
hearing. The council shall arrive at their decision by majority vote of those present at the hearing,
provided that a majority of the council is present for all proceedings. The decision of the council
shall be in writing setting forth specific findings of facts and conclusions of law and the decision
directed to the parties. Findings of fact shall be based exclusively on the evidence of record and
matters officially noticed. Findings of fact, if set forth in statutory language, shall be
accompanied by a concise and explicit statement of the underlying facts supporting the findings.
The council shall either confirm the decision of the city manager or reverse the decision and
reinstate the department head. If the department head is reinstated, the department head shall
receive all lost wages and employee benefits occasioned by the dismissal. Parties shall be
notified either personally or by mail of any decision or order. A copy of the decision and order
shall be delivered or mailed forthwith to each party or to his attorney of record. (Ord. 6-87
§
9)
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HISTORIC PRESERVATION
Sections:
Section 2.48.010 Short
title.
This chapter may be called "the historic
preservation
ordinance." (Ord. 5B-88 § 1(a))
| The state of Wyoming and the city have a
wide range of cultural resources that include prehistoric and historic sites which are invaluable
relics that remain to illustrate our state's past. The city council finds that the state and city are
noteworthy for their historic sites and natural beauty. The city has large numbers of historic
buildings and institutions with significant cultural importance. In recent years many significant
structures, and historic and archaeological sites have been destroyed without adequate
consideration of either the values represented therein or the possibility of preserving the
properties for use in economically productive ways. Citizens of the city share that belief that
Wyoming's cultural resources enhance the quality of life for all and promote the city's general
welfare. It is declared a matter of public policy that the protection, enhancement and perpetuation
of significant historical, archaeological and architectural relics of value is a public necessity and
is required in the interest of health, prosperity, safety and welfare of the people. The purpose of
this chapter is to: |
| A. | Effect and accomplish the protection, enhancement
and perpetuation of such improvements and of districts which represent or reflect elements of the
city's cultural, social, economic, political, engineering and architectural history; |
| B. | Safeguard the city's historic, archaeological and
cultural heritage, as embodied and reflected in such historic structures, sites and
districts; |
| C. | Stabilize and improve property values; |
| D. | Foster civic pride in the beauty and noble
accomplishments of the past; |
| E. | Protect and enhance the city's attractions to residents,
tourists and visitors, and serve as a support and stimulus to business and industry to strengthen
the economy of the city; |
| F. | Promote the use of historic structures, sites and
districts for the education, pleasure and welfare of the people of the city. |
| (Ord. 5B-88 § 1(b)) |
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The city enacts the ordinance codified in this
chapter as
stated in Section 2.48.020 to help
preserve Wyoming's heritage. The city also endorses the state of Wyoming's Certified Local
Government Program and agrees to participate in this historic preservation program. The city has
the ability to participate in the CLG program by provisions specified in Wyoming Statutes, 1977,
Section 16-1-101. (Ord. 5B-88 § 1(c))
For purposes of clarity, the following definitions
will apply throughout this chapter:
| A. | "Historic preservation commission" or
"commission" means a board, council or commission, or other similar body
established by local legislation or regulation. |
| B. | "Local government" means a city,
town, county or any other political subdivision within the state. |
| C. | "National Register of Historic Places"
means the federal government's official list of properties judged to be worthy of
preservation. The National Register program in Wyoming is administered by the Wyoming
SHPO. |
| D. | "State Historic Preservation Officer"or
"SHPO" means the individual appointed by the Governor to administer
Wyoming's historic preservation program. |
| (Ord. 5B-88 § 2) |
The ordinance codified in this chapter
authorizes the creation
of an historic preservation
commission known as the Rawlins landmark committee. (Ord. 5B-88 § 3(a))
The mayor shall appoint board members to the
commission;
each appointment will be subject
to approval by the city council. The mayor shall attempt to draw upon a wide range of
backgrounds and interests to represent the city's diverse heritage. (Ord. 5B-88 §
3(b))
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The commission shall consist of nine members.
Initially,
three members shall be appointed to
one year terms, three appointed to two year terms, and three appointed to three year terms.
Thereafter terms shall be three years for each member and shall expire on the first of the
respective February. (Ord. 5B-88 § 3(c)) (Ord. No. 11A-93, Amended, 11/02/93)
Members of the commission shall serve without
compensation,
but may be reimbursed for
expenses necessarily incurred in the performance of their duties. (Ord. 5B-88 § 3(d))
At least two members of the commission must
reside within
the boundaries of the local
jurisdiction. (Ord. 5B-88 § 3(e))
All commission members must have a
demonstrated interest,
knowledge or experience in the
fields related to historic preservation as described in Section 2.48.110. (Ord. 5B-88 §
3(f))
To the extent that such professionals are
available in the
community, at least two members of
the commission shall be professionals in fields related to historic preservation (e.g., history,
architectural history, archeology, historical architecture, planning or other related disciplines
such as: American civilization, cultural geography or cultural anthropology). If historic
preservation professionals do not reside within the county, expertise may be obtained from other
Wyoming communities. Information on the credentials of the commission members must be kept
on file and available for public inspection. (Ord. 5B-88 § 3(g))
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When an appropriate discipline is not
represented among the
commission members, the
commission may seek the appropriate expertise when considering National Register nominations
or other actions that will impact properties which are normally evaluated by a professional in
such disciplines. (Ord. 5B-88 § 3(h))
Minutes or records of the proceedings of the
commission shall
be transmitted to the city as
well as to members of the commission. The commission shall monitor and report to the SHPO
any activity affecting significant property within its jurisdiction. (Ord. 5B-88 § 3(i))
An annual report of the activities of the
commission shall
be submitted to the city and the
SHPO. Such reports shall include but are not limited to items such as: the number and type of
cases reviewed, review decisions, proposed nominations, updated resumes of commission
members, appointments to the commission, meeting attendance records, progress reports on
survey activities, and National Register nominations reviewed. (Ord. 5B-88 § 3(j))
Commission meetings must be held at least
twice a year. (Ord.
5B-88 § 3(k))
The appointing authority shall act within ninety
days to
fill a vacancy. (Ord. 5B-88 § 3(l))
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Each commission member is required to attend
at least one
informational or educational
meeting per year as sponsored by the SHPO that pertains to the work and functions of the
commission or to historic preservation. The SHPO will provide information to all historic
preservation commissions. (Ord. 5B-88 § 3(m))
The commission in addition to the
appropriations made by
the city shall have the right to
receive, hold and spend funds which it may legally receive from any and every source both in
and out of the state for the purpose of carrying out the provisions of this chapter. (Ord. 5B-88
§
3(n))
The commission shall adopt rules of procedure
for the conduct
of its business in accordance
with the provisions of this chapter. Such rules of procedure shall be filed with the city. Terms of
the commission members and the election of officers shall be discussed within the commission's
rules of procedure. (Ord. 5B-88 § 3(o))
The historic preservation commission shall have
powers to:
| A. | Conduct cultural resource surveys
of structures and areas for the purpose of determining those of architectural, historical, cultural
and/or archaeological significance; to maintain and revise detailed listings of significant
structures and districts; |
| B. | Propose to the city council criteria
and evaluation and designation of districts, buildings, structures, sites or objects located within
the city. The criteria should be compatible with the Department of Interior's criteria for
evaluation of potential entries to the National Register of Historic Places as listed
below: |
| | The quality of significance in American history,
architecture, archaeology, and culture is present in districts, sites, buildings, structures, and
objects that possess integrity of location, design, setting, materials, workmanship, feeling, and
association, and: |
| | 1. | That are associated with events
that have made a significant contribution to the broad patterns of our history, |
| | 2. | That are associated with the lives
of persons significant in our past, or |
| | 3. | That embody the distinctive
characteristics of a type, period, or method of construction, or that represent the work of a master,
or that possess high artistic values, or that represent a significant and distinguishable entity
whose components may lack individual distinction, or |
| | 4. | That have yielded, or may be
likely to yield, information important in prehistory or history; |
| C. | Designate districts, sites, buildings,
structures and objects shall be entitled locally as specified in subsection A of Section 2.48.220.
Ultimately, designations by the historic preservation commission shall be submitted to the city
council for ratification; |
| D. | Act as advisors on historic
preservation issues to appropriate local government agencies and the city council; |
| E. | Act as advisors to residents and
property holders on matters of historic preservation; |
| F. | Promote historic preservation
awareness through a wide range of activities such as walking tours, educational seminars and
published materials; |
| G. | Retain assistance of staff members
or consultants to carry out the duties as listed above; |
| H. | Request and receive any appropriate
information, cooperation, assistance or studies from any government departments, boards,
agencies or commissions. |
| (Ord. 5B-88 § 4) |
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| A. | As stated in subsection A of Section
2.48.200, the historic preservation commission with assistance from local officials and the SHPO
shall conduct a cultural resource survey of neighborhoods, commercial and rural areas, for the
purpose of evaluating each area's potential for local designation. The inventory shall serve as the
data base for preservation decisions and possibly a guide for planning and zoning
decisions. |
| B. | The local inventory
shall: |
| 1. | Be accessible to the public
unless access to archaeological or historic information must be restricted for protective
purposes; |
| 2. | Be updated periodically to reflect
new information; |
| 3. | Incorporate information about
buildings, sites, structures, districts or objects enrolled in, or eligible for, listing in the National
Register of Historic Places; |
| 4. | Be supplied to the SHPO
through the use of duplicates for use in SHPO inventory files. |
| C. | Current historic preservation
methodology as established by the Department of the Interior and the SHPO shall serve as a
guideline for the cultural resource survey. |
| D. | Cultural resource consultants may
be retained to perform the survey duties of the commission. |
| (Ord. 5B-88 § 5) |
| A. | Based upon the results of the cultural resource
inventory, the commission shall complete a list of districts, buildings, structures, sites or objects
that meet the criteria for eligibility as specified in subsection B of Section 2.48.200, the
Department of the Interior's criteria for the National Register of Historic Places. The commission
shall establish an official list of locally significant cultural resources called the Rawlins Record
of Historically Significant Sites. |
| B. | The commission shall submit the proposed
designation of local sites to the city council for ratification. |
| C. | The designation shall contain specific
boundaries for proposed designations. |
| D. | A landowner or other interested parties may submit a
recommendation to the commission for consideration of local listing. The commission must duly
process this petition. |
| E. | Notice of a proposed designation shall be sent by
certified mail to the owner of property proposed for designation, describing the property
proposed and announcing a public hearing by the commission to consider said
designation. |
| F. | All property owners shall be notified of public
hearing as above in subsection E of this section. The local government shall advertise the
meeting once in each daily local newspaper at least fifteen days prior to the commission
meeting. |
| G. | At the public meeting: |
| | 1. | The commission may solicit
expert testimony regarding the historical, architectural, cultural or archaeological importance of
the site, building, structure, district or object under consideration for designation. |
| | 2. | The commission may present
testimony or documentary evidence of its own to establish a record regarding the historical and
architectural, cultural, or archaeological importance of the proposed designation. |
| | 3. | The commission shall afford to
the owner of said property reasonable opportunity to present testimony or documentary evidence
regarding the importance of the proposed designation. |
| | 4. | The owner of the property
proposed for designation shall be afforded the right to representation by counsel and reasonable
opportunity to cross-examine witnesses presented by the commission. |
| | 5. | Any interested party may present
testimony or documentary evidence regarding the proposed designation at the public
hearing. |
| | 6. | The commission must submit its
decision to city council within thirty days of the public hearing and city council must act on the
resolution for approval within sixty days of the public hearing. |
| H. | Owners must be notified of the designation decision
within fourteen days of the commission meeting. The State Historic Preservation Office and
other agencies as appropriate shall be notified of designation by the commission. Within thirty
days of the date on which the city council ratifies designation of any site, building, structure,
district or object as worthy of preservation, the commission shall cause to be filed with the
appropriate legal entity a certificate of notification that such property is designated, and said
certificate of notification shall be maintained on the public records until such time as the
designation may be withdrawn by the commission. |
| I. | The commission may rescind the designation of a
site, building, structure, district or object if, due to professional error, the property was
incorrectly designated. The commission shall follow the public notification procedures as
specified above to rescind a local designation. |
| (Ord. 5B-88 § 5) |
| A. | The commission shall review each pending National
Register nomination that lies within the boundaries of its specified jurisdiction. |
| B. | The commission will comply with Section 4 of the
"Rules and Regulations Pertaining to the Certification of Local Governments" as written by the
SHPO and officially approved by the Department of the Interior. |
| (Ord. 5B-88 § 6) |
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DOWNTOWN DEVELOPMENT AUTHORITY
Sections:
Section 2.52.010 Establishment and
boundaries.
| A. | There is created and established within the
boundaries as hereinafter defined a downtown development authority, hereinafter the "authority".
with all of the powers, duties and obligations provided in W.S. 15-9-201 et seq. In the event that
any ordinance or resolution is adopted by which bonds are issued pursuant to the authority of
W.S. 15-9-201 et seq., such shall specify the maximum net effective interest rate of such
bonds. |
| B. | The boundaries of the downtown development
district, hereinafter the "district," within the corporate boundaries of the city shall be
as follows: |
| | Beginning at a point where the centerline of 5th Street intersects
the centerline of Pine Street; thence Southerly along the centerline of 5th Street to a point where
an extension of the North line of the South 61 feet of Lots 1 & 2, Block 6 of the U.P. 1st
Addition to the City of Rawlins, intersects the centerline of Fifth Street; thence Westerly along
said North line to the West line of said Lot 2; thence Southerly along said West line, and an
extension thereof to the centerline of the alley between Pine Street and Buffalo Street; thence
westerly along the said alley centerline and extension thereof to a point where an extension of
said centerline intersects the centerline of 6th Street; thence Southerly along the centerline of 6th
Street to a point where said centerline intersects an extension of the centerline of the alley
between Cedar Street and Front Street; thence Easterly along said alley centerline and extension
thereof to a point where the said alley centerline intersects the Westerly Right-of-way boundary
of 5th Street; thence Southerly along said boundary to a point where an extension of said
boundary intersects a line parallel to and ten feet (10') to the North of the Northerly-most rail of
the Union Pacific Railroad line currently in place; thence Easterly along said line to a point
where said line intersects with the extension of the Easterly Right-of-way boundary of 3rd Street;
thence Northerly along said boundary to a point where said boundary intersects with the
centerline of the alley between Cedar Street and Front Street; thence Easterly along the alley
centerline and an extension thereof to a point the said extension intersects the centerline of 2nd
Street; thence Northerly along the centerline of 2nd Street to a point where said centerline
intersects the centerline of Buffalo Street; thence Westerly along the centerline of Buffalo Street
to a point where said centerline intersects the Easterly boundary of the Right-of-way of 3rd
Street; thence Northerly along said boundary to a point where said boundary intersects the
centerline of Pine Street; thence Westerly along the centerline of Pine Street to the point of
beginning. |
| (Ord. 10C-91 (part)) (Ord. No. 9C-94, Amended,
09/20/94) |
| A. | The affairs of the authority shall be
under the direct supervision and control of a Downtown Development Authority Board,
hereinafter the "Board".,consisting of nine (9) members and described as consisting of the
following positions: |
| | 1. | Position #1 shall be a member of
the governing body and shall serve at the pleasure of the governing body. |
| | 2. | Position #2 shall be a
representative of the Rawlins-Carbon County Chamber of Commerce and shall serve at the
pleasure of the Chamber of Commerce Board of Directors. |
| | 3. | Position #3 shall be appointed to
serve initally until December 31, 2000, and then every four (4) years thereafter. |
| | 4. | Positions #4 and #5 shall be
appointed to serve initially until December 31, 2001, and then every four years
thereafter. |
| | 5. | Positions #6 and #7 shall be
appointed to serve initially until December 31, 2002, and then every four years
thereafter. |
| | 6. | Positions #8 and #9 shall be
appointed to serve initially until December 31, 2003, and then every four years
thereafter. |
| B. | A majority of the members of the
board, excepting the member appointed from the city council, shall reside, be a lessee or own real
property in the District, or be an officer or director of a corporation having its place of business
in the District. No officer or employee of the City, other than the one above-specified member of
the board appointed from the City Council, shall be eligible for appointment to the
board. |
| C. | A member of the Board shall serve
until a successor has been appointed and qualified, death, resignation or removal for cause by the
City Council. Vacancies shall be filled by the City Council within thirty (30) days from the time
such vacancy is declared for the remainder of the unexpired terms of their
predecessors. |
| D. | Each member of the Board, prior to
assuming the duties of the office, shall qualify by taking and subscribing to the oath of office
required of other officials of the City. |
| (Ord. 10C-91 (part)) Amended,
09/21/99) |
| A. | The board, subject to the provisions of this chapter
and other applicable provisions of law, shall have all the powers customarily vested in the board
of directors of a corporation in the state of Wyoming. It shall exercise supervisory control over
the activities of the authority, any director, and staff of such in achieving the goals and objectives
of the authority. |
| B. | The authority may appoint and remove a director and
other staff members, who shall be employed upon the recommendation of the director, and
prescribe their duties and fix their compensation. |
| C. | The authority, upon the request of the council, shall
prepare an analysis of the economic changes occurring in the district and present such to the
council. |
| D. | The authority may study and analyze the impact of
metropolitan growth upon the district. |
| E. | The authority shall prepare and submit to the council
within the first year of existence a detailed comprehensive plan of improvements, development
and redevelopment for private and public properties within the district, including removal, site
preparation, renovation, repair, remodeling, reconstruction or other changes in existing buildings
and structures which may be necessary or appropriate to the execution of a plan to aid and
improve the district. The plan shall be completed in cooperation with the city planning
commission and the city planning department taking into account the long-range citywide
comprehensive plan, with the objective to promote the goals and objectives of the authority,
promote the economic growth of the district, implement education, and persuade the property
owners and business proprietors to implement such plans to the fullest extent
possible. |
| F. | The authority may implement such plans as have
been approved by the council by resolution after holding a public hearing, which is to be
advertised in the official newspaper once in the week preceding the hearing, and which will assist
the authority to achieve its objectives and goals. The council shall approve a plan of development
if it finds there is a need to take corrective actions to prevent or halt deterioration of property
values or structures within the district or to halt or prevent the growth of blighted areas therein,
and that the plan will afford maximum opportunity, consistent with the sound needs and plans of
the city as a whole, for the development and redevelopment of the district by the authority and by
private enterprise. |
| G. | The authority may retain and fix the compensation of
legal counsel to advise the board in the proper performance of its duties. |
| H. | The authority may make and execute such contracts
as are necessary or incidental to the exercise of its powers and the performance of its
duties. |
| I. | The authority may acquire by purchase, lease, license,
option, gift, grant, devise or otherwise, any property or interest therein. |
| J. | The authority may, in connection with public
facilities, improve land and construct, reconstruct, equip, improve, maintain, repair and operate
buildings and other improvements, whether on land of the authority or otherwise. |
| K. | The authority may lease or sublease 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 in accordance with the
plan of development. |
| L. | The authority may sell or otherwise dispose of
property of the authority, or any interest therein, subject to such covenants, conditions and
restrictions as it may deem necessary or desirable to carry out the purposes and objectives of the
authority, for residential, recreational, commercial, industrial, public or other uses in accordance
with the plan of development. 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 council for uses in accordance with the
approved plan of development. In determining the fair value of real property for such uses, the
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. |
| M. | The authority may 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. |
| N. | The authority may cooperate with the city and any
other governmental agency or public body and to enter into contracts with any such agency or
body. |
| O. | The authority may make to and receive from the city
or Carbon County conveyances, leasehold interests, grants, contributions, loans and any other
rights and privileges. |
| P. | The authority may 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 city at the redemption price established
therein or purchase such bonds at less than redemption price, all bonds so redeemed or purchased
to be canceled. |
| Q. | The authority may 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 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. |
| R. | The authority may 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 city in preparation for
conveyance to purchasers or lessees, or otherwise. |
| (Ord. 10C-91 (part)) |
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Chapter 2.56
Sections:
Section
2.56.010 Establishment.
There is hereby established, in accordance with a 1974 agreement with
the Carbon
County
Commissioners, an advisory board to be known as the Urban Systems Committee. (Ord. No.
4-95, Enacted,
04/18/95)
The Committee shall consist of thirteen (13) voting members made up
of the
following:
| A. | The Mayor of the City or a member
of the City Council appointed by the Mayor. |
| B. | A member of the Board of
Commissioners of Carbon County, or an elected County Official appointed by the County
Commission. |
| C. | The following members of the City
staff: |
| | 1. City Manager |
| | 2. Fire Chief |
| | 3. Director of Public
Works |
| | 4. Director of Planning |
| | 5. City Engineer |
| | 6. Police Chief |
| D. | Four (4) members of the public
(citizens) appointed by the Mayor with consent and approval of the City Council. |
| E. | Two (2) members of the public
(citizens) appointed by the Board of Commissioners. |
| (Ord. No. 4-95, Enacted, 04/18/95)(Ord.11-2007, Amended,
11/06/2007) |
The Committee shall also include, as non-voting members, the State
Department
of
Transportation Planner whose assigned area includes Rawlins, and the State Department of
Transportation's Resident Engineer for Rawlins. (Ord. No. 4-95, Enacted, 04/18/95)
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| A. | The term of membership of the Mayor or member of
the City Council appointed by the Mayor shall be coterminous with the Mayor's term of office.
Such term shall be two (2) years, commencing on January 1st of each odd numbered
year. |
| B. | The term of the County Commissioner or elected
County official appointed by the Board of County Commissioners shall be two (2) years,
commencing on January 1st of each even numbered year. |
| C. | The terms of the City staff members shall be
coterminous with their terms of office. |
| D. | The term of each citizen member appointed by the
Mayor with consent and approval of the City Council shall be four (4) years. These terms shall be
staggered so that two terms begin on January 1st of each even numbered year. |
| E. | The term of each citizen appointed by the Board of
County Commissioners shall be four (4) years. These terms shall be staggered so that one term
begins on January 1st of each odd numbered year. |
| (Ord. No. 4-95, Enacted, 04/18/95) |
The powers and duties of the Committee shall be in accordance with
Wyoming
Department of
Transportation and Federal guidelines. Local powers and duties concerns may be
determined by
resolution of the City Council. (Ord. No. 4-95, Enacted, 04/18/95)
The Committee shall meet at least twice a year on a schedule
determined by
the Committee. All
meetings shall be open to the public and shall be announced at least 48 hours in advance.
Seven
(7) voting members shall constitute a quorum. All official actions must be voted
by a majority
of those present. The Committee shall elect its own chair and vice-chair at its first
meeting
of the
calendar year for one (1) year terms. (Ord. No. 4-95, Enacted, 04/18/95)
The City Manager shall provide a staff person to serve as Secretary for
the
Committee. The
Secretary shall take minutes of all meetin