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 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:

1-1 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.

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

2-2 changed by ordinance, passed by a vote of at least five-sevenths of

2-3 the city council. The boundaries of the wards [must] :

2-4 (a) Must be changed [on the second Monday in January

2-5 preceding any regular election if, at the close of registration before

2-6 each general state election held in even-numbered years, the

2-7 number of registered voters] whenever the population, as

2-8 determined by the last preceding national census of the Bureau of

2-9 the Census of the United States Department of Commerce, in any

2-10 ward exceeds the [number of registered voters] population in any

2-11 other ward by more than 5 percent.

2-12 [3. Ordinances establishing or changing the boundaries of

2-13 wards must not be passed or amended until the registrar of voters of

2-14 Washoe County, if his office is created, or the county clerk of

2-15 Washoe County, if the registrar’s office is not created, certifies that

2-16 the number of registered voters in each proposed ward will not

2-17 exceed the number of registered voters in any other ward by more

2-18 than 5 percent.]

2-19 (b) May be changed to include territory that has been annexed,

2-20 or whenever the population in any ward exceeds the population in

2-21 another ward by more than 5 percent by any measure that is

2-22 found to be reliable by the city council.

2-23 Sec. 2. Section 1.080 of the charter of the City of Reno, being chapter

2-24 662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of

2-25 Nevada 1977, at page 1390, is hereby amended to read as follows:

2-26 Sec. 1.080 Mayor and councilmen not to hold other office [.]

2-27 or employment.

2-28 1. The mayor and councilmen shall not:

2-29 (a) Hold any other elective office or employment with Washoe

2-30 County or the city, except as provided by law or as a member of a

2-31 board or commission for which no compensation is received.

2-32 (b) Be [elected or] appointed to any office or position created

2-33 by or the compensation for which was increased or fixed by the city

2-34 council until 1 year after the expiration of the term for which such

2-35 person was elected.

2-36 2. Any person [holding any office proscribed by] who violates

2-37 the provisions of subsection 1 shall automatically forfeit his office.

3-1 Sec. 3. Section 2.010 of the charter of the City of Reno, being chapter

3-2 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of

3-3 Nevada 1993, at page 1467, is hereby amended to read as follows:

3-4 Sec. 2.010 Mayor and city council: Qualifications; election;

3-5 term of office; salary.

3-6 1. The legislative power of the city is vested in a city council

3-7 consisting of six councilmen and a mayor.

3-8 2. The mayor and councilmen must be [:

3-9 (a) Bona fide residents of the wards they represent, or if

3-10 representing the city at large, of the city, for at least 6 months

3-11 immediately preceding their election, and each] qualified electors

3-12 within the city. Each councilman elected from a ward must

3-13 continue to live in that ward for as long as he represents the ward.

3-14 [(b) Qualified electors within the city.]

3-15 3. The mayor and one councilman represent the city at large

3-16 and one councilman represents each ward. The mayor and

3-17 councilmen serve for terms of 4 years.

3-18 4. The mayor and councilmen are entitled to receive a salary in

3-19 an amount fixed by the city council.

3-20 Sec. 4. Section 2.100 of the charter of the City of Reno, being chapter

3-21 662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of

3-22 Nevada 1993, at page 2500, is hereby amended to read as follows:

3-23 Sec. 2.100 Ordinances: Enactment procedure; emergency

3-24 ordinances.

3-25 1. All proposed ordinances when first proposed must be

3-26 referred to a committee for consideration, after which an adequate

3-27 number of copies of the proposed ordinance must be filed with the

3-28 city clerk for public distribution. Except as otherwise provided in

3-29 subsection 3, notice of the filing must be published once in a

3-30 newspaper qualified pursuant to the provisions of chapter 238 of

3-31 NRS, [as amended from time to time,] and published in the city at

3-32 least 10 days before the adoption of the ordinance. The city council

3-33 shall adopt or reject the ordinance , or an amendment thereto,

3-34 within [30] 45 days after the date of publication.

3-35 2. At the next regular meeting or adjourned meeting of the city

3-36 council [following the proposal of an ordinance and its reference to

3-37 committee,] held at least 10 days after the date of publication, the

3-38 committee shall report the ordinance back to the city council.

3-39 Thereafter, it must be read as first proposed or as amended, and

3-40 thereupon the proposed ordinance must be finally voted upon or

3-41 action thereon postponed.

3-42 3. In cases of emergency or where the ordinance is of a kind

3-43 specified in section 7.030, by unanimous consent of the city

4-1 council, final action may be taken immediately or at [a special] an

4-2 emergency meeting called for that purpose, and no notice of the

4-3 filing of the copies of the proposed ordinance with the city clerk

4-4 need be published.

4-5 4. All ordinances must be signed by the mayor, attested by the

4-6 city clerk and published by title, together with the names of the

4-7 councilmen voting for or against passage, in a newspaper qualified

4-8 pursuant to the provisions of chapter 238 of NRS, [as amended

4-9 from time to time,] and published in the city for at least one

4-10 publication, before the ordinance becomes effective. The city

4-11 council may, by majority vote, order the publication of the

4-12 ordinance in full in lieu of publication by title only.

4-13 5. The city clerk shall record all ordinances in a book kept for

4-14 that purpose, together with the affidavits of publication by the

4-15 publisher.

4-16 Sec. 5. Section 2.110 of the charter of the City of Reno, being chapter

4-17 662, Statutes of Nevada 1971, at page 1967, is hereby amended to read as

4-18 follows:

4-19 Sec. 2.110 Uniform codes: Procedure for adoption. [An

4-20 ordinance adopting a] A uniform building, plumbing, electrical,

4-21 health, traffic or fire code, or any other uniform code , [or codes,]

4-22 printed in book or pamphlet form, [may adopt such code or codes,]

4-23 or any portion thereof, with such changes as may be necessary to

4-24 make [such code or codes] the code applicable to conditions in the

4-25 city, and with such other changes as may be desirable, may be

4-26 adopted in an ordinance by reference thereto. Copies of [such

4-27 code or codes, either typewritten or printed,] the code, with such

4-28 changes, if any, [shall] must be filed for use and examination by

4-29 the public in the office of the clerk at least 1 week [prior to] before

4-30 the passage of the ordinance adopting [such code or codes.] the

4-31 code.

4-32 Sec. 6. Section 2.140 of the charter of the City of Reno, being chapter

4-33 662, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of

4-34 Nevada 1997, at page 2761, is hereby amended to read as follows:

4-35 Sec. 2.140 General powers of city council.

4-36 1. Except as otherwise provided in subsection 2 and section

4-37 2.150, the city council may:

4-38 (a) Acquire, control, improve and dispose of any real or

4-39 personal property for the use of the city, its residents and visitors.

4-40 (b) Regulate and impose a license tax for revenue upon all

4-41 businesses, trades and professions.

4-42 (c) Provide or grant franchises for public transportation and

4-43 utilities.

5-1 (d) Appropriate money for advertising and publicity and for the

5-2 support of a municipal band.

5-3 (e) Enact and enforce any police, fire, traffic, health, sanitary or

5-4 other measure which does not conflict with the general laws of the

5-5 State of Nevada. An offense that is made a misdemeanor by the

5-6 laws of the State of Nevada shall also be deemed to be a

5-7 misdemeanor against the city whenever the offense is committed

5-8 within the city.

5-9 (f) Fix the rate to be paid for any utility service provided by the

5-10 city as a public enterprise. Any charges due for services, facilities

5-11 or commodities furnished by any utility owned by the city is a lien

5-12 upon the property to which the service is rendered and is perfected

5-13 by filing with the county recorder a statement by the city clerk of

5-14 the amount due and unpaid and describing the property subject to

5-15 the lien. Any such lien is:

5-16 (1) Coequal with the latest lien upon the property to secure

5-17 the payment of general taxes.

5-18 (2) Not subject to extinguishment by the sale of any property

5-19 on account of the nonpayment of general taxes.

5-20 (3) Prior and superior to all liens, claims, encumbrances and

5-21 titles other than the liens of assessments and general taxes.

5-22 2. The city council:

5-23 (a) Shall not sell telecommunications service to the general

5-24 public.

5-25 (b) May purchase or construct facilities for providing

5-26 telecommunications that intersect with public rights of way if the

5-27 governing body:

5-28 (1) Conducts a study to evaluate the costs and benefits

5-29 associated with purchasing or constructing the facilities; and

5-30 (2) Determines from the results of the study that the purchase

5-31 or construction is in the interest of the general public.

5-32 3. Any information relating to the study conducted pursuant to

5-33 subsection 2 must be maintained by the city clerk and made

5-34 available for public inspection during the business hours of the

5-35 office of the city clerk.

5-36 4. Notwithstanding the provisions of paragraph (a) of

5-37 subsection 2, an airport may sell telecommunications service to the

5-38 general public.

5-39 5. As used in this section:

5-40 (a) "Telecommunications" has the meaning ascribed to it in 47

5-41 U.S.C. § 153(43), as that section existed on July 16, 1997.

5-42 (b) "Telecommunications service" has the meaning ascribed to it

5-43 in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

6-1 Sec. 7. Section 3.060 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. 3.060 City attorney: Qualifications; duties; salary.

6-6 1. The city attorney must be a duly licensed member of the

6-7 State Bar of Nevada and a [resident of the city for at least 6 months

6-8 before his election.] qualified elector within the city. Once elected,

6-9 he shall hold office for a term of 4 years and until his successor is

6-10 duly elected and qualified.

6-11 2. The city attorney is the legal officer of the city and shall:

6-12 (a) Perform such duties as may be designated by ordinance;

6-13 (b) Be present at all meetings of the city council;

6-14 (c) Be counsel for the civil service commission;

6-15 (d) Devote his full time to the duties of the office; and

6-16 (e) Not engage in the private practice of law.

6-17 3. The city attorney is entitled to receive a salary as fixed by

6-18 resolution of the city council.

6-19 4. The city attorney may appoint and remove such assistants as

6-20 he may require in the discharge of the duties of his office. Such

6-21 assistants must not be civil service employees. The council may

6-22 appropriate such an amount of money as it may deem proper to

6-23 compensate [any] such assistants. Such assistants who are attorneys

6-24 and are employed for more than 20 hours per week by the city

6-25 attorney shall not engage in the private practice of law.

6-26 Sec. 8. Section 4.020 of the charter of the City of Reno, being chapter

6-27 662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of

6-28 Nevada 1993, at page 2501, is hereby amended to read as follows:

6-29 Sec. 4.020 Municipal court: Qualifications of municipal judge;

6-30 salary.

6-31 1. A municipal judge must be:

6-32 (a) An attorney licensed to practice law in the State of Nevada.

6-33 (b) A [resident of] qualified elector within the city . [for at least

6-34 6 months.

6-35 2. The]

6-36 2. A municipal judge [or judges] shall not engage in the private

6-37 practice of law.

6-38 3. The salary of a municipal judge must be:

6-39 (a) Fixed by resolution of the city council.

6-40 (b) Uniform for all judges in the municipal court.

6-41 Sec. 9. Section 2.050 of the charter of the City of Reno, being chapter

6-42 662, Statutes of Nevada 1971, at page 1966, and section 4.050 of the

6-43 charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at

6-44 page 1977, are hereby repealed.

7-1 Sec. 10. This act becomes effective upon passage and approval.

7-2 TEXT OF REPEALED SECTIONS

 

7-3 Sec. 2.050 Meetings: Special.

7-4 1. Special meetings may be held on call of the mayor, city manager or

7-5 by a majority of the city council, by giving a minimum of 6 hours’ notice

7-6 of such special meeting to each member of the city council prior to the

7-7 meeting.

7-8 2. At a special meeting:

7-9 (a) No business may be transacted except such as has been stated in the

7-10 call of the meeting.

7-11 (b) No ordinance may be passed except an emergency ordinance, or one

7-12 specified in section 7.030.

7-13 Sec. 4.050 Registration plates as evidence of traffic violations. In

7-14 any proceeding for the violation of the provisions of any ordinance of the

7-15 city involving a motor vehicle, the registration plate displayed on such

7-16 vehicle shall be received as prima facie evidence that the registered owner

7-17 of such vehicle was then operating it. If, at any hearing or proceeding, the

7-18 registered owner testifies, under oath, that he was not operating the vehicle

7-19 at the time of the alleged violation of such ordinance and submits himself

7-20 to an examination as to who, at that time, was operating such motor vehicle

7-21 and reveals the name of the person, or shows that the vehicle was stolen,

7-22 then the prima facie evidence arising from the registration plate shall be

7-23 overcome and renewed and the burden of proof shifted. In any case of

7-24 violation of a city ordinance in which a motor vehicle is involved it shall

7-25 be lawful for a police officer to remove the registration plate from such

7-26 vehicle.

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