Assembly Bill No. 309–Committee on Government Affairs
(On Behalf of City of Reno)
February 23, 1999
____________
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
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, being1-2
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 as1-6
nearly equal in1-7
conveniently provided. The territory comprising each ward must be1-8
contiguous, except that if any territory of the city which is not1-9
contiguous to the remainder of the city does not contain sufficient1-10
population to constitute a separate ward, it may be placed in any1-11
ward of the city.2-1
2. The boundaries of the wards must be established and2-2
changed by ordinance, passed by a vote of at least five-sevenths of2-3
the city council. The boundaries of the wards2-4
(a) Must be changed2-5
2-6
2-7
2-8
determined by the last preceding national census of the Bureau of2-9
the Census of the United States Department of Commerce, in any2-10
ward exceeds the2-11
other ward by more than 5 percent.2-12
2-13
2-14
2-15
2-16
2-17
2-18
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 in2-21
another ward by more than 5 percent by any measure that is2-22
found to be reliable by the city council.2-23
Sec. 2. Section 1.080 of the charter of the City of Reno, being chapter2-24
662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of2-25
Nevada 1977, at page 1390, is hereby amended to read as follows: Sec. 1.080 Mayor and councilmen not to hold other office2-27
or employment.2-28
1. The mayor and councilmen shall not:2-29
(a) Hold any other elective office or employment with Washoe2-30
County or the city, except as provided by law or as a member of a2-31
board or commission for which no compensation is received.2-32
(b) Be2-33
by or the compensation for which was increased or fixed by the city2-34
council until 1 year after the expiration of the term for which such2-35
person was elected.2-36
2. Any person2-37
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 chapter3-2
662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of3-3
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 council3-7
consisting of six councilmen and a mayor.3-8
2. The mayor and councilmen must be3-9
3-10
3-11
3-12
within the city. Each councilman elected from a ward must3-13
continue to live in that ward for as long as he represents the ward.3-14
3-15
3. The mayor and one councilman represent the city at large3-16
and one councilman represents each ward. The mayor and3-17
councilmen serve for terms of 4 years.3-18
4. The mayor and councilmen are entitled to receive a salary in3-19
an amount fixed by the city council.3-20
Sec. 4. Section 2.100 of the charter of the City of Reno, being chapter3-21
662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of3-22
Nevada 1993, at page 2500, is hereby amended to read as follows:3-23
Sec. 2.100 Ordinances: Enactment procedure; emergency3-24
ordinances.3-25
1. All proposed ordinances when first proposed must be3-26
referred to a committee for consideration, after which an adequate3-27
number of copies of the proposed ordinance must be filed with the3-28
city clerk for public distribution. Except as otherwise provided in3-29
subsection 3, notice of the filing must be published once in a3-30
newspaper qualified pursuant to the provisions of chapter 238 of3-31
NRS,3-32
least 10 days before the adoption of the ordinance. The city council3-33
shall adopt or reject the ordinance , or an amendment thereto,3-34
within3-35
2. At the next regular meeting or adjourned meeting of the city3-36
council3-37
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, and3-40
thereupon the proposed ordinance must be finally voted upon or3-41
action thereon postponed.3-42
3. In cases of emergency or where the ordinance is of a kind3-43
specified in section 7.030, by unanimous consent of the city4-1
council, final action may be taken immediately or at4-2
emergency meeting called for that purpose, and no notice of the4-3
filing of the copies of the proposed ordinance with the city clerk4-4
need be published.4-5
4. All ordinances must be signed by the mayor, attested by the4-6
city clerk and published by title, together with the names of the4-7
councilmen voting for or against passage, in a newspaper qualified4-8
pursuant to the provisions of chapter 238 of NRS,4-9
4-10
publication, before the ordinance becomes effective. The city4-11
council may, by majority vote, order the publication of the4-12
ordinance in full in lieu of publication by title only.4-13
5. The city clerk shall record all ordinances in a book kept for4-14
that purpose, together with the affidavits of publication by the4-15
publisher.4-16
Sec. 5. Section 2.110 of the charter of the City of Reno, being chapter4-17
662, Statutes of Nevada 1971, at page 1967, is hereby amended to read as4-18
follows:4-19
Sec. 2.110 Uniform codes: Procedure for adoption.4-20
4-21
health, traffic or fire code, or any other uniform code ,4-22
printed in book or pamphlet form,4-23
or any portion thereof, with such changes as may be necessary to4-24
make4-25
city, and with such other changes as may be desirable, may be4-26
adopted in an ordinance by reference thereto. Copies of4-27
4-28
changes, if any,4-29
the public in the office of the clerk at least 1 week4-30
the passage of the ordinance adopting4-31
code.4-32
Sec. 6. Section 2.140 of the charter of the City of Reno, being chapter4-33
662, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of4-34
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 section4-37
2.150, the city council may:4-38
(a) Acquire, control, improve and dispose of any real or4-39
personal property for the use of the city, its residents and visitors.4-40
(b) Regulate and impose a license tax for revenue upon all4-41
businesses, trades and professions.4-42
(c) Provide or grant franchises for public transportation and4-43
utilities.5-1
(d) Appropriate money for advertising and publicity and for the5-2
support of a municipal band.5-3
(e) Enact and enforce any police, fire, traffic, health, sanitary or5-4
other measure which does not conflict with the general laws of the5-5
State of Nevada. An offense that is made a misdemeanor by the5-6
laws of the State of Nevada shall also be deemed to be a5-7
misdemeanor against the city whenever the offense is committed5-8
within the city.5-9
(f) Fix the rate to be paid for any utility service provided by the5-10
city as a public enterprise. Any charges due for services, facilities5-11
or commodities furnished by any utility owned by the city is a lien5-12
upon the property to which the service is rendered and is perfected5-13
by filing with the county recorder a statement by the city clerk of5-14
the amount due and unpaid and describing the property subject to5-15
the lien. Any such lien is:5-16
(1) Coequal with the latest lien upon the property to secure5-17
the payment of general taxes.5-18
(2) Not subject to extinguishment by the sale of any property5-19
on account of the nonpayment of general taxes.5-20
(3) Prior and superior to all liens, claims, encumbrances and5-21
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 general5-24
public.5-25
(b) May purchase or construct facilities for providing5-26
telecommunications that intersect with public rights of way if the5-27
governing body:5-28
(1) Conducts a study to evaluate the costs and benefits5-29
associated with purchasing or constructing the facilities; and5-30
(2) Determines from the results of the study that the purchase5-31
or construction is in the interest of the general public.5-32
3. Any information relating to the study conducted pursuant to5-33
subsection 2 must be maintained by the city clerk and made5-34
available for public inspection during the business hours of the5-35
office of the city clerk.5-36
4. Notwithstanding the provisions of paragraph (a) of5-37
subsection 2, an airport may sell telecommunications service to the5-38
general public.5-39
5. As used in this section:5-40
(a) "Telecommunications" has the meaning ascribed to it in 475-41
U.S.C. § 153(43), as that section existed on July 16, 1997.5-42
(b) "Telecommunications service" has the meaning ascribed to it5-43
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, being6-2
chapter 662, Statutes of Nevada 1971, as last amended by chapter6-3
599, Statutes of Nevada 1993, at page 2501, is hereby amended to6-4
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 the6-7
State Bar of Nevada and a6-8
6-9
he shall hold office for a term of 4 years and until his successor is6-10
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; and6-16
(e) Not engage in the private practice of law.6-17
3. The city attorney is entitled to receive a salary as fixed by6-18
resolution of the city council.6-19
4. The city attorney may appoint and remove such assistants as6-20
he may require in the discharge of the duties of his office. Such6-21
assistants must not be civil service employees. The council may6-22
appropriate such an amount of money as it may deem proper to6-23
compensate6-24
and are employed for more than 20 hours per week by the city6-25
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 chapter6-27
662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of6-28
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) A6-34
6-35
6-36
2. A municipal judge6-37
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 chapter6-42
662, Statutes of Nevada 1971, at page 1966, and section 4.050 of the6-43
charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at6-44
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 or7-5
by a majority of the city council, by giving a minimum of 6 hours’ notice7-6
of such special meeting to each member of the city council prior to the7-7
meeting.7-8
2. At a special meeting:7-9
(a) No business may be transacted except such as has been stated in the7-10
call of the meeting.7-11
(b) No ordinance may be passed except an emergency ordinance, or one7-12
specified in section 7.030. Sec. 4.050 Registration plates as evidence of traffic violations. In7-14
any proceeding for the violation of the provisions of any ordinance of the7-15
city involving a motor vehicle, the registration plate displayed on such7-16
vehicle shall be received as prima facie evidence that the registered owner7-17
of such vehicle was then operating it. If, at any hearing or proceeding, the7-18
registered owner testifies, under oath, that he was not operating the vehicle7-19
at the time of the alleged violation of such ordinance and submits himself7-20
to an examination as to who, at that time, was operating such motor vehicle7-21
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 be7-23
overcome and renewed and the burden of proof shifted. In any case of7-24
violation of a city ordinance in which a motor vehicle is involved it shall7-25
be lawful for a police officer to remove the registration plate from such7-26
vehicle.~