1. Assembly Bill No. 309–Committee on Government Affairs

CHAPTER........

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 provisions prohibiting

certain officers from holding certain other offices or employment; 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. Section 1. Section 1.050 of the charter of the City of Reno, being
  1. chapter 662, Statutes of Nevada 1971, as last amended by chapter 9,
  1. Statutes of Nevada 1993, at page 20, is hereby amended to read as follows:
  1. Sec. 1.050 Wards: Creation; boundaries.
  1. 1. The city must be divided into five wards, which must be as
  1. nearly equal in [registered voters] population as can be
  1. conveniently provided. The territory comprising each ward must be
  1. contiguous, except that if any territory of the city which is not
  1. contiguous to the remainder of the city does not contain sufficient
  1. population to constitute a separate ward, it may be placed in any
  1. ward of the city.
  1. 2. The boundaries of the wards must be established and
  1. changed by ordinance, passed by a vote of at least five-sevenths of
  1. the city council. The boundaries of the wards [must] :
  1. (a) Must be changed [on the second Monday in January
  1. preceding any regular election if, at the close of registration before
  1. each general state election held in even-numbered years, the number
  1. of registered voters] whenever the population, as determined by
  1. the last preceding national census of the Bureau of the Census of
  1. the United States Department of Commerce, in any ward exceeds
  1. the [number of registered voters] population in any other ward by
  1. more than 5 percent.
  1. [3. Ordinances establishing or changing the boundaries of
  1. wards must not be passed or amended until the registrar of voters of
  1. Washoe County, if his office is created, or the county clerk of
  1. Washoe County, if the registrar’s office is not created, certifies that
  1. the number of registered voters in each proposed ward will not
  1. exceed the number of registered voters in any other ward by more
  1. than 5 percent.]
  1. (b) May be changed to include territory that has been annexed,
  1. or whenever the population in any ward exceeds the population in
  2. another ward by more than 5 percent by any measure that is
  1. found to be reliable by the city council.

Sec. 2. Section 1.080 of the charter of the City of Reno, being chapter

662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of

Nevada 1977, at page 1390, is hereby amended to read as follows:

  1. Sec. 1.080 Mayor and councilmen not to hold other office [.]
  1. or employment.
  1. 1. The mayor and councilmen shall not:
  1. (a) Hold any other elective office or employment with Washoe
  1. County or the city, except as provided by law or as a member of a
  1. board or commission for which no compensation is received.
  1. (b) Be [elected or] appointed to any office or position created by
  1. or the compensation for which was increased or fixed by the city
  1. council until 1 year after the expiration of the term for which such
  1. person was elected.
  1. 2. Any person [holding any office proscribed by] who violates
  1. the provisions of subsection 1 shall automatically forfeit his office.
  1. Sec. 3. Section 2.010 of the charter of the City of Reno, being chapter
  1. 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of
  1. Nevada 1993, at page 1467, is hereby amended to read as follows:
  1. Sec. 2.010 Mayor and city council: Qualifications; election;
  1. term of office; salary.
  1. 1. The legislative power of the city is vested in a city council
  1. consisting of six councilmen and a mayor.
  1. 2. The mayor and councilmen must be [:
  1. (a) Bona fide residents of the wards they represent, or if
  1. representing the city at large, of the city, for at least 6 months
  1. immediately preceding their election, and each] qualified electors
  1. within the city. Each councilman elected from a ward must
  1. continue to live in that ward for as long as he represents the ward.
  1. [(b) Qualified electors within the city.]
  1. 3. The mayor and one councilman represent the city at large
  1. and one councilman represents each ward. The mayor and
  1. councilmen serve for terms of 4 years.
  1. 4. The mayor and councilmen are entitled to receive a salary in
  1. an amount fixed by the city council.
  1. Sec. 4. Section 2.100 of the charter of the City of Reno, being chapter
  1. 662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of
  1. Nevada 1993, at page 2500, is hereby amended to read as follows:
  1. Sec. 2.100 Ordinances: Enactment procedure; emergency
  1. ordinances.
  1. 1. All proposed ordinances when first proposed must be
  1. referred to a committee for consideration, after which an adequate
  1. number of copies of the proposed ordinance must be filed with the
  1. city clerk for public distribution. Except as otherwise provided in
  1. subsection 3, notice of the filing must be published once in a
  2. newspaper qualified pursuant to the provisions of chapter 238 of
  1. NRS, [as amended from time to time,] and published in the city at
  1. least 10 days before the adoption of the ordinance. The city council
  1. shall adopt or reject the ordinance , or an amendment thereto,
  1. within [30] 45 days after the date of publication.
  1. 2. At the next regular meeting or adjourned meeting of the city
  1. council [following the proposal of an ordinance and its reference to
  1. committee,] held at least 10 days after the date of publication, the
  1. committee shall report the ordinance back to the city council.
  1. Thereafter, it must be read as first proposed or as amended, and
  1. thereupon the proposed ordinance must be finally voted upon or
  1. action thereon postponed.
  1. 3. In cases of emergency or where the ordinance is of a kind
  1. specified in section 7.030, by unanimous consent of the city
  1. council, final action may be taken immediately or at [a special] an
  1. emergency meeting called for that purpose, and no notice of the
  1. filing of the copies of the proposed ordinance with the city clerk
  1. need be published.
  1. 4. All ordinances must be signed by the mayor, attested by the
  1. city clerk and published by title, together with the names of the
  1. councilmen voting for or against passage, in a newspaper qualified
  1. pursuant to the provisions of chapter 238 of NRS, [as amended
  1. from time to time,] and published in the city for at least one
  1. publication, before the ordinance becomes effective. The city
  1. council may, by majority vote, order the publication of the
  1. ordinance in full in lieu of publication by title only.
  1. 5. The city clerk shall record all ordinances in a book kept for
  1. that purpose, together with the affidavits of publication by the
  1. publisher.
  1. Sec. 5. Section 2.110 of the charter of the City of Reno, being chapter
  1. 662, Statutes of Nevada 1971, at page 1967, is hereby amended to read as
  1. follows:
  1. Sec. 2.110 Uniform codes: Procedure for adoption. [An
  1. ordinance adopting a] A uniform building, plumbing, electrical,
  1. health, traffic or fire code, or any other uniform code , [or codes,]
  1. printed in book or pamphlet form, [may adopt such code or codes,]
  1. or any portion thereof, with such changes as may be necessary to
  1. make [such code or codes] the code applicable to conditions in the
  1. city, and with such other changes as may be desirable, may be
  1. adopted in an ordinance by reference thereto. Copies of [such code
  1. or codes, either typewritten or printed,] the code, with such
  1. changes, if any, [shall] must be filed for use and examination by the
  1. public in the office of the clerk at least 1 week [prior to] before the
  1. passage of the ordinance adopting [such code or codes.] the code.
  2. Sec. 6. Section 2.140 of the charter of the City of Reno, being
  1. chapter 662, Statutes of Nevada 1971, as last amended by chapter
  1. 565, Statutes of Nevada 1997, at page 2761, is hereby amended to
  1. read as follows:
  1. Sec. 2.140 General powers of city council.
  1. 1. Except as otherwise provided in subsection 2 and section
  1. 2.150, the city council may:
  1. (a) Acquire, control, improve and dispose of any real or personal
  1. property for the use of the city, its residents and visitors.
  1. (b) Regulate and impose a license tax for revenue upon all
  1. businesses, trades and professions.
  1. (c) Provide or grant franchises for public transportation and
  1. utilities.
  1. (d) Appropriate money for advertising and publicity and for the
  1. support of a municipal band.
  1. (e) Enact and enforce any police, fire, traffic, health, sanitary or
  1. other measure which does not conflict with the general laws of the
  1. State of Nevada. An offense that is made a misdemeanor by the
  1. laws of the State of Nevada shall also be deemed to be a
  1. misdemeanor against the city whenever the offense is committed
  1. within the city.
  1. (f) Fix the rate to be paid for any utility service provided by the
  1. city as a public enterprise. Any charges due for services, facilities or
  1. commodities furnished by any utility owned by the city is a lien
  1. upon the property to which the service is rendered and is perfected
  1. by filing with the county recorder a statement by the city clerk of
  1. the amount due and unpaid and describing the property subject to
  1. the lien. Any such lien is:
  1. (1) Coequal with the latest lien upon the property to secure the
  1. payment of general taxes.
  1. (2) Not subject to extinguishment by the sale of any property
  1. on account of the nonpayment of general taxes.
  1. (3) Prior and superior to all liens, claims, encumbrances and
  1. titles other than the liens of assessments and general taxes.
  1. 2. The city council:
  1. (a) Shall not sell telecommunications service to the general
  1. public.
  1. (b) May purchase or construct facilities for providing
  1. telecommunications that intersect with public rights of way if the
  1. governing body:
  1. (1) Conducts a study to evaluate the costs and benefits
  1. associated with purchasing or constructing the facilities; and
  1. (2) Determines from the results of the study that the purchase
  1. or construction is in the interest of the general public.
  1. 3. Any information relating to the study conducted pursuant to
  1. subsection 2 must be maintained by the city clerk and made
  2. available for public inspection during the business hours of the
  1. office of the city clerk.
  1. 4. Notwithstanding the provisions of paragraph (a) of
  1. subsection 2, an airport may sell telecommunications service to the
  1. general public.
  1. 5. As used in this section:
  1. (a) "Telecommunications" has the meaning ascribed to it in 47
  1. U.S.C. § 153(43), as that section existed on July 16, 1997.
  1. (b) "Telecommunications service" has the meaning ascribed to it
  1. in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
  1. Sec. 7. Section 3.060 of the charter of the City of Reno, being chapter
  1. 662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of
  1. Nevada 1993, at page 2501, is hereby amended to read as follows:
  1. Sec. 3.060 City attorney: Qualifications; duties; salary.
  1. 1. The city attorney must be a duly licensed member of the
  1. State Bar of Nevada and a [resident of the city for at least 6 months
  1. before his election.] qualified elector within the city. Once elected,
  1. he shall hold office for a term of 4 years and until his successor is
  1. duly elected and qualified.
  1. 2. The city attorney is the legal officer of the city and shall:
  1. (a) Perform such duties as may be designated by ordinance;
  1. (b) Be present at all meetings of the city council;
  1. (c) Be counsel for the civil service commission;
  1. (d) Devote his full time to the duties of the office; and
  1. (e) Not engage in the private practice of law.
  1. 3. The city attorney is entitled to receive a salary as fixed by
  1. resolution of the city council.
  1. 4. The city attorney may appoint and remove such assistants as
  1. he may require in the discharge of the duties of his office. Such
  1. assistants must not be civil service employees. The council may
  1. appropriate such an amount of money as it may deem proper to
  1. compensate [any] such assistants. Such assistants who are attorneys
  1. and are employed for more than 20 hours per week by the city
  1. attorney shall not engage in the private practice of law.
  1. Sec. 8. Section 4.020 of the charter of the City of Reno, being chapter
  1. 662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of
  1. Nevada 1993, at page 2501, is hereby amended to read as follows:
  1. Sec. 4.020 Municipal court: Qualifications of municipal judge;
  1. salary.

1. A municipal judge must be:

(a) An attorney licensed to practice law in the State of Nevada.
  1. (b) A [resident of] qualified elector within the city . [for at least
  1. 6 months.
  1. 2. The]
  1. 2. A municipal judge [or judges] shall not engage in the private
  1. practice of law.
  2. 3. The salary of a municipal judge must be:
  1. (a) Fixed by resolution of the city council.
  1. (b) Uniform for all judges in the municipal court.

Sec. 9. Section 2.050 of the charter of the City of Reno, being chapter

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

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

page 1977, are hereby repealed.

Sec. 10. This act becomes effective upon passage and approval.

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