Assembly Bill No. 309–Committee on Government Affairs

(On Behalf of City of Reno)

February 23, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to charter of City of Reno. (BDR S-476)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the charter of the City of Reno; providing that the boundaries of wards must be determined on the basis of population; revising the qualifications for certain offices; revising certain provisions governing the adoption of ordinances; providing that a misdemeanor offense under state law is deemed also to be a misdemeanor offense against the city if the offense is committed within the city; repealing certain provisions; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Section 1.050 of the charter of the City of Reno, being

1-2 chapter 662, Statutes of Nevada 1971, as last amended by chapter 9,

1-3 Statutes of Nevada 1993, at page 20, is hereby amended to read as follows:

1-4 Sec. 1.050 Wards: Creation; boundaries.

1-5 1. The city must be divided into five wards, which must be as

1-6 nearly equal in [registered voters] population as can be

1-7 conveniently provided. The territory comprising each ward must be

1-8 contiguous, except that if any territory of the city which is not

1-9 contiguous to the remainder of the city does not contain sufficient

1-10 population to constitute a separate ward, it may be placed in any

1-11 ward of the city.

1-12 2. The boundaries of the wards must be established and

1-13 changed by ordinance, passed by a vote of at least five-sevenths of

1-14 the city council. The boundaries of the wards [must] :

2-1 (a) Must be changed [on the second Monday in January

2-2 preceding any regular election if, at the close of registration before

2-3 each general state election held in even-numbered years, the

2-4 number of registered voters] whenever the population, as

2-5 determined by the last preceding national census of the Bureau of

2-6 the Census of the United States Department of Commerce, in any

2-7 ward exceeds the [number of registered voters] population in any

2-8 other ward by more than 5 percent.

2-9 [3. Ordinances establishing or changing the boundaries of

2-10 wards must not be passed or amended until the registrar of voters of

2-11 Washoe County, if his office is created, or the county clerk of

2-12 Washoe County, if the registrar’s office is not created, certifies that

2-13 the number of registered voters in each proposed ward will not

2-14 exceed the number of registered voters in any other ward by more

2-15 than 5 percent.]

2-16 (b) May be changed to include territory that has been annexed,

2-17 or whenever the population in any ward exceeds the population in

2-18 another ward by more than 5 percent by any measure that is

2-19 found to be reliable by the city council.

2-20 Sec. 2. Section 2.010 of the charter of the City of Reno, being chapter

2-21 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of

2-22 Nevada 1993, at page 1467, is hereby amended to read as follows:

2-23 Sec. 2.010 Mayor and city council: Qualifications; election;

2-24 term of office; salary.

2-25 1. The legislative power of the city is vested in a city council

2-26 consisting of six councilmen and a mayor.

2-27 2. The mayor and councilmen must be [:

2-28 (a) Bona fide residents of the wards they represent, or if

2-29 representing the city at large, of the city, for at least 6 months

2-30 immediately preceding their election, and each] qualified electors

2-31 within the city. Each councilman elected from a ward must

2-32 continue to live in that ward for as long as he represents the ward.

2-33 [(b) Qualified electors within the city.]

2-34 3. The mayor and one councilman represent the city at large

2-35 and one councilman represents each ward. The mayor and

2-36 councilmen serve for terms of 4 years.

2-37 4. The mayor and councilmen are entitled to receive a salary in

2-38 an amount fixed by the city council.

2-39 Sec. 3. Section 2.100 of the charter of the City of Reno, being chapter

2-40 662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of

2-41 Nevada 1993, at page 2500, is hereby amended to read as follows:

2-42 Sec. 2.100 Ordinances: Enactment procedure; emergency

2-43 ordinances.

3-1 1. All proposed ordinances when first proposed must be

3-2 referred to a committee for consideration, after which an adequate

3-3 number of copies of the proposed ordinance must be filed with the

3-4 city clerk for public distribution. Except as otherwise provided in

3-5 subsection 3, notice of the filing must be published once in a

3-6 newspaper qualified pursuant to the provisions of chapter 238 of

3-7 NRS, [as amended from time to time,] and published in the city at

3-8 least 10 days before the adoption of the ordinance. The city council

3-9 shall adopt or reject the ordinance , or an amendment thereto,

3-10 within [30] 45 days after the date of publication.

3-11 2. At the next regular meeting or adjourned meeting of the city

3-12 council [following the proposal of an ordinance and its reference to

3-13 committee,] held at least 10 days after the date of publication, the

3-14 committee shall report the ordinance back to the city council.

3-15 Thereafter, it must be read as first proposed or as amended, and

3-16 thereupon the proposed ordinance must be finally voted upon or

3-17 action thereon postponed.

3-18 3. In cases of emergency or where the ordinance is of a kind

3-19 specified in section 7.030, by unanimous consent of the city

3-20 council, final action may be taken immediately or at [a special] an

3-21 emergency meeting called for that purpose, and no notice of the

3-22 filing of the copies of the proposed ordinance with the city clerk

3-23 need be published.

3-24 4. All ordinances must be signed by the mayor, attested by the

3-25 city clerk and published by title, together with the names of the

3-26 councilmen voting for or against passage, in a newspaper qualified

3-27 pursuant to the provisions of chapter 238 of NRS, [as amended

3-28 from time to time,] and published in the city for at least one

3-29 publication, before the ordinance becomes effective. The city

3-30 council may, by majority vote, order the publication of the

3-31 ordinance in full in lieu of publication by title only.

3-32 5. The city clerk shall record all ordinances in a book kept for

3-33 that purpose, together with the affidavits of publication by the

3-34 publisher.

3-35 Sec. 4. Section 2.110 of the charter of the City of Reno, being chapter

3-36 662, Statutes of Nevada 1971, at page 1967, is hereby amended to read as

3-37 follows:

3-38 Sec. 2.110 Uniform codes: Procedure for adoption. [An

3-39 ordinance adopting a] A uniform building, plumbing, electrical,

3-40 health, traffic or fire code, or any other uniform code , [or codes,]

3-41 printed in book or pamphlet form, [may adopt such code or codes,]

3-42 or any portion thereof, with such changes as may be necessary to

3-43 make [such code or codes] the code applicable to conditions in the

4-1 city, and with such other changes as may be desirable, may be

4-2 adopted in an ordinance by reference thereto. Copies of [such

4-3 code or codes, either typewritten or printed,] the code, with such

4-4 changes, if any, [shall] must be filed for use and examination by

4-5 the public in the office of the clerk at least 1 week [prior to] before

4-6 the passage of the ordinance adopting [such code or codes.] the

4-7 code.

4-8 Sec. 5. Section 2.140 of the charter of the City of Reno, being chapter

4-9 662, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of

4-10 Nevada 1997, at page 2761, is hereby amended to read as follows:

4-11 Sec. 2.140 General powers of city council.

4-12 1. Except as otherwise provided in subsection 2 and section

4-13 2.150, the city council may:

4-14 (a) Acquire, control, improve and dispose of any real or

4-15 personal property for the use of the city, its residents and visitors.

4-16 (b) Regulate and impose a license tax for revenue upon all

4-17 businesses, trades and professions.

4-18 (c) Provide or grant franchises for public transportation and

4-19 utilities.

4-20 (d) Appropriate money for advertising and publicity and for the

4-21 support of a municipal band.

4-22 (e) Enact and enforce any police, fire, traffic, health, sanitary or

4-23 other measure which does not conflict with the general laws of the

4-24 State of Nevada. An offense that is made a misdemeanor by the

4-25 laws of the State of Nevada shall also be deemed to be a

4-26 misdemeanor against the city whenever the offense is committed

4-27 within the city.

4-28 (f) Fix the rate to be paid for any utility service provided by the

4-29 city as a public enterprise. Any charges due for services, facilities

4-30 or commodities furnished by any utility owned by the city is a lien

4-31 upon the property to which the service is rendered and is perfected

4-32 by filing with the county recorder a statement by the city clerk of

4-33 the amount due and unpaid and describing the property subject to

4-34 the lien. Any such lien is:

4-35 (1) Coequal with the latest lien upon the property to secure

4-36 the payment of general taxes.

4-37 (2) Not subject to extinguishment by the sale of any property

4-38 on account of the nonpayment of general taxes.

4-39 (3) Prior and superior to all liens, claims, encumbrances and

4-40 titles other than the liens of assessments and general taxes.

4-41 2. The city council:

4-42 (a) Shall not sell telecommunications service to the general

4-43 public.

5-1 (b) May purchase or construct facilities for providing

5-2 telecommunications that intersect with public rights of way if the

5-3 governing body:

5-4 (1) Conducts a study to evaluate the costs and benefits

5-5 associated with purchasing or constructing the facilities; and

5-6 (2) Determines from the results of the study that the purchase

5-7 or construction is in the interest of the general public.

5-8 3. Any information relating to the study conducted pursuant to

5-9 subsection 2 must be maintained by the city clerk and made

5-10 available for public inspection during the business hours of the

5-11 office of the city clerk.

5-12 4. Notwithstanding the provisions of paragraph (a) of

5-13 subsection 2, an airport may sell telecommunications service to the

5-14 general public.

5-15 5. As used in this section:

5-16 (a) "Telecommunications" has the meaning ascribed to it in 47

5-17 U.S.C. § 153(43), as that section existed on July 16, 1997.

5-18 (b) "Telecommunications service" has the meaning ascribed to it

5-19 in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

5-20 Sec. 6. Section 3.060 of the charter of the City of Reno, being chapter

5-21 662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of

5-22 Nevada 1993, at page 2501, is hereby amended to read as follows:

5-23 Sec. 3.060 City attorney: Qualifications; duties; salary.

5-24 1. The city attorney must be a duly licensed member of the

5-25 State Bar of Nevada and a [resident of the city for at least 6 months

5-26 before his election.] qualified elector within the city. Once elected,

5-27 he shall hold office for a term of 4 years and until his successor is

5-28 duly elected and qualified.

5-29 2. The city attorney is the legal officer of the city and shall:

5-30 (a) Perform such duties as may be designated by ordinance;

5-31 (b) Be present at all meetings of the city council;

5-32 (c) Be counsel for the civil service commission;

5-33 (d) Devote his full time to the duties of the office; and

5-34 (e) Not engage in the private practice of law.

5-35 3. The city attorney is entitled to receive a salary as fixed by

5-36 resolution of the city council.

5-37 4. The city attorney may appoint and remove such assistants as

5-38 he may require in the discharge of the duties of his office. Such

5-39 assistants must not be civil service employees. The council may

5-40 appropriate such an amount of money as it may deem proper to

5-41 compensate [any] such assistants. Such assistants who are attorneys

5-42 and are employed for more than 20 hours per week by the city

5-43 attorney shall not engage in the private practice of law.

6-1 Sec. 7. Section 4.020 of the charter of the City of Reno, being

6-2 chapter 662, Statutes of Nevada 1971, as last amended by chapter

6-3 599, Statutes of Nevada 1993, at page 2501, is hereby amended to

6-4 read as follows:

6-5 Sec. 4.020 Municipal court: Qualifications of municipal judge;

6-6 salary.

6-7 1. A municipal judge must be:

6-8 (a) An attorney licensed to practice law in the State of Nevada.

6-9 (b) A [resident of] qualified elector within the city . [for at least

6-10 6 months.

6-11 2. The]

6-12 2. A municipal judge [or judges] shall not engage in the private

6-13 practice of law.

6-14 3. The salary of a municipal judge must be:

6-15 (a) Fixed by resolution of the city council.

6-16 (b) Uniform for all judges in the municipal court.

6-17 Sec. 8. Section 2.050 of the charter of the City of Reno, being chapter

6-18 662, Statutes of Nevada 1971, at page 1966, and section 4.050 of the

6-19 charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at

6-20 page 1977, are hereby repealed.

6-21 Sec. 9. This act becomes effective upon passage and approval.

6-22 TEXT OF REPEALED SECTIONS

 

6-23 Sec. 2.050 Meetings: Special.

6-24 1. Special meetings may be held on call of the mayor, city manager or

6-25 by a majority of the city council, by giving a minimum of 6 hours’ notice

6-26 of such special meeting to each member of the city council prior to the

6-27 meeting.

6-28 2. At a special meeting:

6-29 (a) No business may be transacted except such as has been stated in the

6-30 call of the meeting.

6-31 (b) No ordinance may be passed except an emergency ordinance, or one

6-32 specified in section 7.030.

6-33 Sec. 4.050 Registration plates as evidence of traffic violations. In

6-34 any proceeding for the violation of the provisions of any ordinance of the

6-35 city involving a motor vehicle, the registration plate displayed on such

6-36 vehicle shall be received as prima facie evidence that the registered owner

6-37 of such vehicle was then operating it. If, at any hearing or proceeding, the

6-38 registered owner testifies, under oath, that he was not operating the vehicle

6-39 at the time of the alleged violation of such ordinance and submits himself

6-40 to

7-1 an examination as to who, at that time, was operating such motor vehicle

7-2 and reveals the name of the person, or shows that the vehicle was stolen,

7-3 then the prima facie evidence arising from the registration plate shall be

7-4 overcome and renewed and the burden of proof shifted. In any case of

7-5 violation of a city ordinance in which a motor vehicle is involved it shall

7-6 be lawful for a police officer to remove the registration plate from such

7-7 vehicle.

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