Assembly Bill No. 11–Assemblyman Carpenter
Prefiled January 11, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Revises charter of City of Elko. (BDR S‑805)
FISCAL NOTE: Effect on Local Government: No.
~
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 Elko; renaming the board of supervisors as
the city council; revising the duties of the city council; clarifying the
regulatory authority of the city council; revising the requirements relating to
notice for special and emergency meetings; renaming the vice president chosen
by the city council as the mayor pro tempore; 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 Elko, being
1-2 chapter 276, Statutes of Nevada 1971, at page 475,
is hereby amended to
1-3 read as follows:
1-4 Sec. 1.050 Elective offices.
1-5 1. The elective officers of the city consist of:
1-6 (a) A mayor.
1-7 (b) Four [supervisors.] members of the city council.
1-8 2. Such officers [shall]
must be elected as
provided by this
1-9 charter.
1-10 Sec. 2. Section
1.060 of the charter of the City of Elko, being chapter
1-11 276, Statutes of Nevada 1971, as last amended by
chapter 515, Statutes of
1-12 Nevada 1997, at page 2450, is hereby amended to read
as follows:
1-13 Sec. 1.060 Elective offices: Vacancies. Except as otherwise
1-14 provided in NRS 268.325:
1-15 1. A vacancy in the [board of supervisors]
city council must
be
1-16 filled by a majority vote of the members of the city council within
30
1-17 days after the occurrence of the vacancy. A person
may be selected to
1-18 fill a prospective vacancy in the [board]
city
council before the
2-1 vacancy occurs. In such a case, each member of the [board,]
city
2-2 council, except any member whose term
of office expires before the
2-3 occurrence of the vacancy, may participate in any
action taken by the
2-4 [board] city council pursuant
to this section. The appointee must have
2-5 the same qualifications as are required of the
elective official.
2-6 2. No such appointment extends beyond the first
Monday in July
2-7 after the next municipal election, at which election
the office must be
2-8 filled.
2-9 Sec. 3. Section
1.070 of the charter of the City of Elko, being chapter
2-10 276, Statutes of Nevada 1971, as amended by chapter
52, Statutes of
2-11 Nevada 1973, at page 71, is hereby amended to read
as follows:
2-12 Sec. 1.070 Appointive offices.
2-13 1. The [board of
supervisors of the]
city council shall
appoint the
2-14 following officers:
2-15 (a) City
clerk.
2-16 (b) City
attorney.
2-17 (c) Chief of
police.
2-18 (d) Municipal
judge.
2-19 (e) Fire
chief.
2-20 (f) City
manager.
2-21 (g) City
engineer, who may be the city manager.
2-22 2. The [board of
supervisors shall have the power to]
city council
2-23 may establish such other offices
and [to] appoint such other officers as
2-24 it may deem necessary.
2-25 Sec. 4. Section
1.080 of the charter of the City of Elko, being chapter
2-26 276, Statutes of Nevada 1971, at page 476, is hereby
amended to read as
2-27 follows:
2-28 Sec. 1.080 Appointive officers: Duties; salary.
2-29 1. All appointive officers of the city shall
perform such duties
2-30 under the direction of the city manager as may be
designated by the
2-31 [board of
supervisors.] city council.
2-32 2. All appointive officers of the city shall
receive such salary as
2-33 may be designated by the [board of supervisors.] city council.
2-34 Sec. 5. Section
1.090 of the charter of the City of Elko, being chapter
2-35 276, Statutes of Nevada 1971, at page 476, is hereby
amended to read as
2-36 follows:
2-37 Sec. 1.090 Officers’ performance bonds. The [board of
2-38 supervisors] city
council may require from all officers and employees
2-39 of the city constituted or appointed under this
charter, [except
2-40 supervisors,] other
than members of the city council, sufficient
2-41 security for the faithful and honest performance of
their respective
2-42 duties.
2-43 Sec. 6. Section
1.100 of the charter of the City of Elko, being chapter
2-44 276, Statutes of Nevada 1971, at page 476, is hereby
amended to read as
2-45 follows:
2-46 Sec. 1.100 Mayor and members of [board of supervisors]
city
2-47 council not to hold other office.
2-48 1. The mayor and the members of the [board of supervisors shall
2-49 not:
3-1 (a) Hold] city council:
3-2 (a) Shall not hold any other elective office
with Elko County or
3-3 the city, except as otherwise provided by law or as a member of a
3-4 board or commission for which no compensation is
received.
3-5 (b) [Be] Must not be elected or
appointed to any office created by
3-6 or the compensation for which was increased or fixed
by the [board of
3-7 supervisors] city
council until 1 year after the expiration of the term
3-8 for which such person was elected.
3-9 2. Any person holding any office proscribed by
subsection 1
3-10 [shall
automatically forfeit] automatically forfeits his office as mayor
3-11 or [supervisor.] as a member of the city council.
3-12 Sec. 7. Section
1.110 of the charter of the City of Elko, being chapter
3-13 276, Statutes of Nevada 1971, at page 476, is hereby
amended to read as
3-14 follows:
3-15 Sec. 1.110 Oath of office. Every person elected or
appointed to
3-16 fill any office shall subscribe to the official oath
as provided by the
3-17 [board of
supervisors.] city council. Every such person shall swear or
3-18 affirm that he is not under any direct or indirect
obligation to vote for,
3-19 appoint or elect any person to any office, position
or employment in
3-20 the city government.
3-21 Sec. 8. Section
2.010 of the charter of the City of Elko, being chapter
3-22 276, Statutes of Nevada 1971, as amended by chapter
98, Statutes of
3-23 Nevada 1977, at page 204, is hereby amended to read
as follows:
3-24 Sec. 2.010 [Board of supervisors:] City council: Qualifications;
3-25 election;
term of office; salary.
3-26 1. The legislative power of the city is vested
in a [board of
3-27 supervisors] city
council consisting of four [supervisors]
members
3-28 and the mayor.
3-29 2. The [supervisors
shall] members of the city council must be:
3-30 (a) Bona fide
residents of the city for at least 2 years [prior to]
3-31 before their election.
3-32 (b) Qualified
electors within the city.
3-33 3. All members of the [board of supervisors shall] city
council
3-34 must be voted upon by the
registered voters of the city at large and
3-35 shall serve for terms of 4 years.
3-36 4. The [board of
supervisors shall] members of the city council
3-37 must receive a salary in an
amount fixed by the [board of
3-38 supervisors.] city council.
3-39 Sec. 9. Section
2.020 of the charter of the City of Elko, being chapter
3-40 276, Statutes of Nevada 1971, at page 476, is hereby
amended to read as
3-41 follows:
3-42 Sec. 2.020 [Board of supervisors:] City council: Contracts.
3-43 Members of the [board of supervisors]
city council may
vote on any
3-44 lease, contract or other agreement which extends
beyond their terms
3-45 of office.
4-1 Sec. 10. Section
2.030 of the charter of the City of Elko, being chapter
4-2 276, Statutes of Nevada 1971, as amended by chapter
52, Statutes of
4-3 Nevada 1973, at page 71, is hereby amended to read
as follows:
4-4 Sec. 2.030 [Board of
supervisors:] City council: Duties
4-5 concerning
departments.
4-6 1. The [board of
supervisors] city council shall establish a
4-7 finance
department of the city, and may establish such other
4-8 departments as it
determines are necessary. The city council shall
4-9 control and supervise the departments of the city
and may establish
4-10 such rules and regulations as may be necessary for
the administration
4-11 of [such] the departments.
4-12 2. The mayor shall designate , from among the [board of
4-13 supervisors,] members of the city council, members to act as [:
4-14 (a) Police supervisor.
4-15 (b) Supervisor of streets.
4-16 (c) Supervisor of waterworks and sewer.
4-17 (d) Supervisor of fire.
4-18 (e) Supervisor of airport and public property.
4-19 3. The
mayor shall be known as the supervisor of finance and
4-20 revenue.
4-21 4.] liaisons for the different departments and functions of the city.
4-22 3. The duties
of each department [shall] must be
designated by
4-23 the [board of
supervisors.] city council.
4-24 Sec. 11. Section
2.040 of the charter of the City of Elko, being chapter
4-25 276, Statutes of Nevada 1971, at page 477, is hereby
amended to read as
4-26 follows:
4-27 Sec. 2.040
[Board of
supervisors:] City council: Discipline of
4-28 members, other persons; subpoena power.
4-29 1. The [board of
supervisors] city council may:
4-30 (a) Provide
for the punishment of any member of
the city council
4-31 for disorderly conduct committed in its presence.
4-32 (b) Order the
attendance of witnesses and the production of all
4-33 papers relating to any business before the [board of supervisors.] city
4-34 council.
4-35 2. If any person ordered to appear before the [board of
4-36 supervisors] city
council fails to obey [such] the order:
4-37 (a) The [board of supervisors]
city council or any
member thereof
4-38 may apply to the clerk of the district court for a
subpoena
4-39 commanding the attendance of the person before the [board of
4-40 supervisors.
4-41 (b) Such] city council.
4-42 (b) The clerk may issue the subpoena, and any peace
officer may
4-43 serve it.
4-44 (c) If the
person upon whom the subpoena is served fails to obey it,
4-45 the court may issue [any] an order to show cause
why [such] the
4-46 person should not be held in contempt of court and
upon hearing of
4-47 the matter may adjudge [such] the person guilty of
contempt and
4-48 punish him accordingly.
5-1 Sec. 12. Section
2.050 of the charter of the City of Elko, being chapter
5-2 276, Statutes of Nevada 1971, at page 477, is hereby
amended to read as
5-3 follows:
5-4 Sec. 2.050 Meetings: Quorum.
5-5 1. The [board of
supervisors] city council shall hold at
least one
5-6 regular meeting each month, and , by ordinance , may provide for
5-7 additional regular meetings.
5-8 2. A majority of all members of the [board of supervisors]
city
5-9 council constitutes a quorum to do
business, but a lesser number of
5-10 the members of
the city council may meet and recess from time to
5-11 time, and compel the attendance of the absent
members.
5-12 3. Except as otherwise provided by law, all
sessions and all
5-13 proceedings of the [board of supervisors shall] city
council must be
5-14 public.
5-15 Sec. 13. Section
2.060 of the charter of the City of Elko, being chapter
5-16 276, Statutes of Nevada 1971, at page 477, is hereby
amended to read as
5-17 follows:
5-18 Sec. 2.060 Meetings: [Special.] Emergency and
special.
5-19 1. [Special] Emergency and special meetings may be held on the
5-20 call of the mayor or by a majority of the [board of supervisors, by
5-21 giving a minimum
of 6 hours’ written notice of such special meeting
5-22 to each member of
the board of supervisors prior to the meeting. A]
5-23 city council.
5-24 2. Notwithstanding
any provision of NRS 241.020 to the
5-25 contrary, an
emergency or a special meeting may be held without
5-26 notice with the unanimous written consent of the [board of
5-27 supervisors.
5-28 2. At a
special meeting:
5-29 (a) No contract involving the expenditure of
money may be made
5-30 or claim allowed
unless notice of the meeting called to consider such
5-31 action is
published in a newspaper of general circulation within the
5-32 city at least 1
day before such meeting.
5-33 (b) No business may be transacted except such
as has been stated
5-34 in the call of the
meeting or in the written consent to the holding of
5-35 such meeting
without notice.
5-36 (c)] city council.
5-37 3. Except
as otherwise provided in subsection 2, emergency and
5-38 special meetings
must comply with chapter 241 of NRS relating to
5-39 open meetings.
5-40 4. No ordinance may be passed at an emergency or a special
5-41 meeting, except an emergency
ordinance [, or one]
or an ordinance
5-42 specified in section 7.020.
5-43 Sec. 14. Section
2.070 of the charter of the City of Elko, being chapter
5-44 276, Statutes of Nevada 1971, at page 478, is hereby
amended to read as
5-45 follows:
5-46 Sec. 2.070 Meetings: Time and place; rules. The [board of
5-47 supervisors] city
council may:
5-48 1. Fix the time and place of its meetings and
judge the
5-49 qualifications and election of its own members.
6-1 2. Adopt rules for the government of its members
and
6-2 proceedings.
6-3 Sec. 15. Section
2.080 of the charter of the City of Elko, being chapter
6-4 276, Statutes of Nevada 1971, at page 478, is hereby
amended to read as
6-5 follows:
6-6 Sec. 2.080 Oaths and affirmations. The mayor, each
6-7 [supervisor] member
of the city council and the city clerk may
6-8 administer oaths and affirmations relating to any
business pertaining
6-9 to the city before the [board of supervisors]
city council or to
be
6-10 considered by the [board of supervisors.] city council.
6-11 Sec. 16. Section
2.090 of the charter of the City of Elko, being chapter
6-12 276, Statutes of Nevada 1971, at page 478, is hereby
amended to read as
6-13 follows:
6-14 Sec. 2.090 Powers of [board of
supervisors:] city council:
6-15 Ordinances, resolutions and orders.
6-16 1. The [board of
supervisors] city council may make and
pass all
6-17 ordinances, resolutions and orders not repugnant to
the Constitution of
6-18 the United States or the State of Nevada, or to the
provisions of
6-19 Nevada Revised Statutes or of this charter,
necessary for the
6-20 municipal government and the management of the
affairs of the city,
6-21 and for the execution of all the powers vested in
the city.
6-22 2. When power is conferred upon the [board of supervisors]
city
6-23 council to do and perform anything,
and the manner of exercising
6-24 [such] the power is not specifically
provided for, the [board of
6-25 supervisors] city
council may provide by ordinance the manner and
6-26 details necessary for the full exercise of [such]
the power.
6-27 3. The [board of
supervisors] city council may enforce
ordinances
6-28 by providing penalties not to exceed those
established by the
6-29 legislature for misdemeanors.
6-30 4. The [board of
supervisors shall have]
city council has such
6-31 powers, not in conflict with the express or implied
provisions of this
6-32 charter, as are conferred generally by statute upon
the governing
6-33 bodies of cities organized under a special charter.
6-34 5. The city council shall not pass any ordinance
increasing or
6-35 diminishing the salary of any elective officer
during the term for
6-36 which he is elected or appointed.
6-37 Sec. 17. Section
2.100 of the charter of the City of Elko, being chapter
6-38 276, Statutes of Nevada 1971, at page 478, is hereby
amended to read as
6-39 follows:
6-40 Sec. 2.100 Ordinances: Passage by bill; amendments;
subject
6-41 matter; title requirements.
6-42 1. No ordinance may be passed except by bill and
by a majority
6-43 vote of the whole [board of supervisors.]
city council. The
style of all
6-44 ordinances [shall] must be as follows: “The [Board of Supervisors]
6-45 City Council of the City of Elko does
ordain:”.
6-46 2. [No
ordinance shall] An ordinance must not contain
more than
6-47 one subject, which [shall]
must be briefly
indicated in the title. Where
6-48 the subject of the ordinance is not so expressed in
the title, the
6-49 ordinance is void as to the matter not expressed in
the title.
7-1 3. Any ordinance which amends an existing
ordinance [shall]
7-2 must set out in full the
ordinance or sections thereof to be amended,
7-3 and [shall] must indicate matter to be omitted . [by enclosing it in
7-4 brackets and shall
indicate new matter by underscoring or by italics.]
7-5 Sec. 18. Section
2.110 of the charter of the City of Elko, being chapter
7-6 276, Statutes of Nevada 1971, as amended by chapter
160, Statutes of
7-7 Nevada 1983, at page 368, is hereby amended to read
as follows:
7-8 Sec. 2.110 Ordinances: Enactment procedure; emergency
7-9 ordinances.
7-10 1. All proposed ordinances when first proposed
must be read to
7-11 the [board of
supervisors] city council by title and
may be referred to
7-12 a committee for consideration, after which an
adequate number of
7-13 copies of the proposed ordinance must be filed with
the city clerk for
7-14 public distribution. Except as otherwise provided in
subsection 3,
7-15 notice of the filing must be published once in a
newspaper qualified
7-16 pursuant to the provisions of chapter 238 of NRS, as
amended from
7-17 time to time, and published in the city at least 10
days before the
7-18 adoption of the ordinance. The [board of supervisors]
city council
7-19 shall adopt or reject the ordinance or an amendment
thereto, within 30
7-20 days after the date of publication.
7-21 2. At the next regular meeting or adjourned
meeting of the [board
7-22 of supervisors] city
council following the proposal of an ordinance,
7-23 the ordinance must be considered again with the
report of the
7-24 committee, if any. Thereafter, it must be read as
first introduced, or as
7-25 amended, and thereupon the proposed ordinance must
be finally voted
7-26 upon or action thereon postponed.
7-27 3. In cases of emergency or where the ordinance
is of a kind
7-28 specified in section 7.020, by unanimous consent of
the [board of
7-29 supervisors,] city
council, final action may be taken immediately or at
7-30 a special meeting called for that purpose, and no
notice of the filing of
7-31 the copies of the proposed ordinance with the city
clerk need be
7-32 published.
7-33 4. All ordinances must be signed by the mayor,
attested by the
7-34 city clerk and published by title, together with the
names of the
7-35 [supervisors] members
of the city council voting for or against
7-36 passage, in a newspaper qualified pursuant to the
provisions of
7-37 chapter 238 of NRS, as amended from time to time,
and published in
7-38 the city for at least one publication, before the
ordinance becomes
7-39 effective. The [board of supervisors]
city council may, by
majority
7-40 vote, order the publication of the ordinance in full
in lieu of
7-41 publication by title only.
7-42 5. The city clerk shall [record]
keep on file all
ordinances [in a
7-43 book kept for that
purpose, together with] , including the affidavits of
7-44 publication by the publisher.
7-45 Sec. 19. Section
2.120 of the charter of the City of Elko, being chapter
7-46 276, Statutes of Nevada 1971, as last amended by
chapter 344, Statutes of
7-47 Nevada 1973, at page 428, is hereby amended to read
as follows:
7-48 Sec. 2.120 Codification of ordinances; publication of
code.
8-1 1. The [board of supervisors] city council may codify and publish
8-2 a code of its municipal ordinances in the form of a
municipal code . [,
8-3 which code may, at
the election of the board of supervisors, have
8-4 incorporated
therein] The city council may incorporate into the
8-5 municipal code a copy of this charter and
such additional data as the
8-6 [board of
supervisors] city council may prescribe. When [such]
the
8-7 municipal code is published, two
copies [shall] of the
code must be
8-8 filed with the librarian at the supreme court law
library.
8-9 2. The ordinances in the code [shall]
must be arranged in
8-10 appropriate chapters, articles, and sections,
excluding the titles,
8-11 enacting clauses, signature of the mayor, attestations
and other formal
8-12 parts.
8-13 3. The codification [shall]
must be adopted by
an ordinance and
8-14 [shall] must
not contain any substantive changes, modifications or
8-15 alterations of existing ordinances . [; and the] The only title necessary
8-16 for the ordinance [shall be,]
is “An ordinance for
codifying and
8-17 compiling the general ordinances of the City of
Elko.”
8-18 4. The codification may be amended or extended
by ordinance.
8-19 Sec. 20. Section
2.130 of the charter of the City of Elko, being chapter
8-20 276, Statutes of Nevada 1971, at page 480, is hereby
amended to read as
8-21 follows:
8-22 Sec. 2.130 Powers of [board of
supervisors:] city council: Public
8-23 property, buildings.
8-24 1. The [board of
supervisors] city council may:
8-25 (a) Control
the property of the corporation.
8-26 (b) Erect and
maintain all buildings necessary for the use of the
8-27 city.
8-28 (c) Purchase,
receive, hold, sell, lease, convey and dispose of
8-29 property, wherever situated, for the benefit of the
city, improve and
8-30 protect such property, and do all other things in
relation thereto which
8-31 natural persons might do.
8-32 2. The [board of
supervisors] city council may not,
except as
8-33 otherwise specifically provided by this charter or
any other law,
8-34 mortgage, hypothecate or pledge any property of the
city for any
8-35 purpose.
8-36 Sec. 21. Section
2.140 of the charter of the City of Elko, being chapter
8-37 276, Statutes of Nevada 1971, at page 480, is hereby
amended to read as
8-38 follows:
8-39 Sec. 2.140 Powers of [board of
supervisors:] city council:
8-40 Eminent domain. The [board of supervisors] city council may
8-41 condemn property for the public use in the manner
prescribed by
8-42 chapter 37 of NRS, as amended from time to time.
8-43 Sec. 22. Section
2.150 of the charter of the City of Elko, being chapter
8-44 276, Statutes of Nevada 1971, at page 480, is hereby
amended to read as
8-45 follows:
8-46 Sec. 2.150 Powers of [board of
supervisors:] city council:
8-47 Licensing, regulation and prohibition of businesses,
trades and
8-48 professions.
8-49 1. The [board of
supervisors] city council may:
9-1 (a) Regulate
all businesses, trades and professions.
9-2 (b) Fix,
impose and collect a license tax for revenue upon all
9-3 businesses, trades and professions.
9-4 2. The [board of
supervisors] city council may establish
any
9-5 equitable standard to be used in fixing license
taxes collected pursuant
9-6 to this section.
9-7 Sec. 23. Section
2.160 of the charter of the City of Elko, being chapter
9-8 276, Statutes of Nevada 1971, as amended by chapter
105, Statutes of
9-9 Nevada 1977, at page 219, is hereby amended to read
as follows:
9-10 Sec. 2.160 Powers of [board of
supervisors:] city council:
9-11 Recreational facilities; definition.
9-12 1. The legislature finds and declares that
recreation facilities for
9-13 the use and enjoyment of all the inhabitants of the
city are public uses
9-14 and municipal purposes, and that the acquisition,
construction and
9-15 operation thereof by the [board of supervisors]
city council will
9-16 promote the morals, amusement, entertainment,
health, welfare and
9-17 safety of the inhabitants of the city.
9-18 2. As used in sections 2.160 [to 2.180, inclusive,] , 2.170 and
9-19 2.180, “recreation facility” or
“recreation facilities” means a place,
9-20 structure, area or other facility used for community
recreation, such as
9-21 playgrounds, playing fields or courts, beaches,
lakes, rivers,
9-22 swimming pools, dams constructed across streams or
rivers for the
9-23 creation of swimming pools and recreational
reservoirs, gymnasiums,
9-24 auditoriums, camps, parks, ski facilities, golf
courses, natural
9-25 reservations, recreation grounds, fairgrounds,
exposition buildings,
9-26 convention halls, fieldhouses, amusement halls and
recreation centers.
9-27 Sec. 24. Section
2.170 of the charter of the City of Elko, being chapter
9-28 276, Statutes of Nevada 1971, as amended by chapter
105, Statutes of
9-29 Nevada 1977, at page 219, is hereby amended to read
as follows:
9-30 Sec. 2.170 Powers of [board of supervisors:] city council:
9-31 Recreational
facilities; financing. The [board of supervisors]
city
9-32 council may:
9-33 1. Establish, construct, purchase, lease, rent,
acquire by gift,
9-34 grant, bequest, devise, or otherwise acquire, reconstruct,
improve,
9-35 extend, better, alter, repair, equip, furnish,
regulate, maintain, operate
9-36 and manage recreation facilities within or without
the city, including
9-37 personal or real property, improvements and fixtures
thereon, property
9-38 of any nature appurtenant thereto or used in
connection therewith, and
9-39 every estate, interest and right, legal or
equitable, therein, including
9-40 terms for years.
9-41 2. Deposit the proceeds of any of the license
taxes collected
9-42 pursuant to section 2.150 in a special fund in the
city treasury for the
9-43 purpose of:
9-44 (a) Operating
and maintaining recreation facilities under the
9-45 jurisdiction of the [board of supervisors.] city council.
9-46 (b) Improving,
extending and bettering such recreation facilities.
9-47 (c) Constructing,
purchasing or otherwise acquiring such recreation
9-48 facilities.
10-1 3. Accept contributions, grants or other financial
assistance from
10-2 the Federal Government or any agency or
instrumentality thereof,
10-3 corporate or otherwise, the State of Nevada or any
of its political
10-4 subdivisions or from any other source, for or in aid
of any recreation
10-5 facility within the [board of supervisors’]
area of operation [,] of the
10-6 city council, and comply with such
conditions, trust indentures, leases
10-7 or agreements as may be necessary, convenient or
desirable.
10-8 Sec. 25. Section
2.180 of the charter of the City of Elko, being chapter
10-9 276, Statutes of Nevada 1971, at page 481, is hereby
amended to read as
10-10 follows:
10-11 Sec. 2.180 Powers of [board of
supervisors:] city council:
10-12 Recreational facilities; flood control projects. Whenever any
10-13 recreation facility is affected by or will be affected
by any flood
10-14 control project being constructed or to be
constructed under the
10-15 provisions of any federal law, if the [board of supervisors]
city
10-16 council finds that [such]
the flood control
project will improve, better
10-17 and protect [such] the recreation facility, the [board of supervisors
10-18 shall have the
power to] city council may give assurances to and
10-19 perform any other acts required by and satisfactory
to the Secretary of
10-20 the Army that the local cooperation required for [such]
the flood
10-21 control project by [such]
federal law will be furnished by the city.
10-22 Sec. 26. Section
2.190 of the charter of the City of Elko, being chapter
10-23 276, Statutes of Nevada 1971, at page 481, is hereby
amended to read as
10-24 follows:
10-25 Sec. 2.190
Powers of [board of supervisors:] city council: Police
10-26 ordinances. The [board of supervisors] city council may enact
and
10-27 enforce such local police ordinances as are not in
conflict with the
10-28 general laws of the State of Nevada.
10-29 Sec. 27. Section
2.200 of the charter of the City of Elko, being chapter
10-30 276, Statutes of Nevada 1971, as amended by chapter
391, Statutes of
10-31 Nevada 1999, at page 1861, is hereby amended to read
as follows:
10-32 Sec. 2.200
Powers of [board of supervisors:] city council: Fire
10-33 protection; regulation of explosives, inflammable
materials; fire codes
10-34 and regulations. The [board of supervisors] city council may:
10-35 1. Organize, regulate and maintain a fire
department.
10-36 2. Provide for the appointment of a fire chief
and prescribe his
10-37 duties.
10-38 3. Regulate or prohibit the storage of any
explosive, combustible
10-39 or inflammable material in or transported through
the city, and
10-40 prescribe the distance from any residential or
commercial area where
10-41 it may be kept. Any ordinance adopted pursuant to
this subsection that
10-42 regulates places of employment where explosives are
stored must be
10-43 at least as stringent as the standards and
procedures adopted by the
10-44 division of industrial relations of the department
of business and
10-45 industry pursuant to NRS 618.890.
10-46 4. Establish, by ordinance, a fire code and
other regulations
10-47 necessary to carry out the purposes of this section,
and to provide for
10-48 the prevention, suppression and extinguishment of
fires and
10-49 conditions hazardous to life and property from fire,
explosion or
11-1 combustion, and to provide for the enforcement of
all such codes and
11-2 regulations by imposing adequate penalties for
violations thereof.
11-3 Sec. 28. Section
2.210 of the charter of the City of Elko, being chapter
11-4 276, Statutes of Nevada 1971, at page 481, is hereby
amended to read as
11-5 follows:
11-6 Sec. 2.210 Powers of [board of
supervisors:] city council: Public
11-7 health; board of health; regulations. The [board of
supervisors] city
11-8 council may:
11-9 1. Provide for safeguarding public health in the
city.
11-10 2. Create a board of health and prescribe the
powers and duties of
11-11 [such] the board.
11-12 3. Provide for the enforcement of all
regulations and quarantines
11-13 established by the board of health by imposing
adequate penalties for
11-14 violations thereof.
11-15 Sec. 29. Section
2.220 of the charter of the City of Elko, being chapter
11-16 276, Statutes of Nevada 1971, at page 482, is hereby
amended to read as
11-17 follows:
11-18 Sec. 2.220
Powers of [board of supervisors:] city council:
11-19 Buildings; construction and maintenance regulations;
building and
11-20 safety codes. The [board of supervisors] city council may:
11-21 1. Regulate all matters relating to the
construction, maintenance
11-22 and safety of buildings, structures and property
within the city.
11-23 2. Adopt any building or safety code necessary
to carry out the
11-24 provisions of this section and establish such fees
as may be necessary.
11-25 Sec. 30. Section
2.230 of the charter of the City of Elko, being chapter
11-26 276, Statutes of Nevada 1971, at page 482, is hereby
amended to read as
11-27 follows:
11-28 Sec. 2.230
Powers of [board of supervisors:] city council:
11-29 Zoning and planning. The [board of supervisors] city council may:
11-30 1. Divide the city into districts and regulate
and restrict the
11-31 erection, construction, reconstruction, alteration,
repair or use of
11-32 buildings, structures or land within [such] the districts.
11-33 2. Establish and adopt ordinances and
regulations relating to the
11-34 subdivision of land.
11-35 Sec. 31. Section
2.240 of the charter of the City of Elko, being chapter
11-36 276, Statutes of Nevada 1971, at page 482, is hereby
amended to read as
11-37 follows:
11-38 Sec. 2.240
Powers of [board of supervisors:] city council:
11-39 Subdivision; payment for installation of utilities. The [board of
11-40 supervisors] city
council may require the owners of land who lay out
11-41 and plat the land into lots, streets and alleys to
guarantee the payment
11-42 for the installation of sewers, water mains and
lines, drains, curbs and
11-43 gutters, and the grading and paving of streets
within the division or
11-44 subdivision defined by the plat.
12-1 Sec. 32. Section
2.250 of the charter of the City of Elko, being chapter
12-2 276, Statutes of Nevada 1971, at page 482, is hereby
amended to read as
12-3 follows:
12-4 Sec. 2.250 Powers of [board of
supervisors:] city council: Rights
12-5 of way, parks, public buildings and grounds and
other public places.
12-6 The [board of
supervisors] city council may:
12-7 1. Lay out, maintain, alter, improve or vacate
all public rights of
12-8 way in the city.
12-9 2. Regulate the use of public parks, buildings,
grounds and rights
12-10 of way and prevent the unlawful use thereof.
12-11 3. Require landowners to keep the adjacent
streets, sidewalks and
12-12 public parks, buildings and grounds free from
encroachments or
12-13 obstructions.
12-14 4. [Regulate] To the extent permissible under the Nevada
12-15 constitution and
the Constitution of the United States, regulate and
12-16 prevent in all public places:
12-17 (a) The
distribution and exhibition of handbills or signs.
12-18 (b) Any
practice tending to annoy persons passing in such public
12-19 places.
12-20 (c) Public
demonstrations and processions.
12-21 5. Prevent riots or any act tending to promote
riots in any public
12-22 place.
12-23 Sec. 33. Section
2.260 of the charter of the City of Elko, being chapter
12-24 276, Statutes of Nevada 1971, at page 482, is hereby
amended to read as
12-25 follows:
12-26 Sec. 2.260
Powers of [board of supervisors:] city council: Traffic
12-27 control. The [board of supervisors] city council may, by
ordinance,
12-28 regulate:
12-29 1. All vehicular, pedestrian and other traffic
within the city and
12-30 provide generally for the public safety on public
streets and rights of
12-31 way.
12-32 2. The length of time for which vehicles may be
parked upon the
12-33 public streets and publicly owned parking lots.
12-34 Sec. 34. Section
2.270 of the charter of the City of Elko, being chapter
12-35 276, Statutes of Nevada 1971, as amended by chapter
482, Statutes of
12-36 Nevada 1981, at page 969, is hereby amended to read
as follows:
12-37 Sec. 2.270
Powers of [board of supervisors:] city council:
12-38 Parking meters; offstreet public parking facilities.
12-39 1. The [board of
supervisors] city council may acquire,
install,
12-40 maintain, operate and regulate parking meters at the
curbs of the
12-41 streets or upon publicly owned property made
available for public
12-42 parking. The parking fees to be charged for the use
of the parking
12-43 facilities regulated by parking meters must be fixed
by the [board of
12-44 supervisors.] city council.
12-45 2. Except as otherwise provided by this charter,
the [board of
12-46 supervisors] city
council may acquire property within the city by any
12-47 lawful means, including eminent domain, for the
purpose of
12-48 establishing offstreet public parking facilities for
vehicles. The [board
12-49 of supervisors] city
council may, in bonds issued to acquire property
13-1 for this purpose, pledge the onstreet parking
revenues, the general
13-2 credit of the city, or both, to secure the payment
of the principal and
13-3 interest thereon.
13-4 Sec. 35. Section
2.280 of the charter of the City of Elko, being chapter
13-5 276, Statutes of Nevada 1971, at page 483, is hereby
amended to read as
13-6 follows:
13-7 Sec. 2.280 Powers of [board of
supervisors:] city council:
13-8 Railroads. The [board of supervisors] city council may:
13-9 1. License, regulate or prohibit the location,
construction or
13-10 laying of tracks of any railroad or streetcar in any
public right of way.
13-11 2. Grant franchises to any person or corporation
to operate a
13-12 railroad or streetcar upon public rights of way and
adjacent property.
13-13 3. Declare a nuisance and require the removal of
the tracks of any
13-14 railroad or streetcar in any public right of way.
13-15 4. Condemn rights of way for any public purpose
across any
13-16 railroad right of way.
13-17 5. Prescribe the length of time any public right
of way may be
13-18 obstructed by trains standing thereon.
13-19 6. Require railroad companies to fence their
tracks and to
13-20 construct cattle guards and crossings and to keep
them in repair.
13-21 7. Require railroad companies to provide
protection against injury
13-22 to persons or property.
13-23 8. Compel railroad companies to raise or lower
their tracks to
13-24 conform to any grade established by the city.
13-25 9. Compel railroad companies to provide that
drainage from
13-26 property adjacent to their tracks not be impaired.
13-27 Sec. 36. Section
2.290 of the charter of the City of Elko, being chapter
13-28 276, Statutes of Nevada 1971, at page 483, is hereby
amended to read as
13-29 follows:
13-30 Sec. 2.290
Powers of [board of supervisors:] city council:
13-31 Nuisances. The [board of supervisors] city council may:
13-32 1. Determine by ordinance what shall be deemed
nuisances.
13-33 2. Provide for the abatement, prevention and
removal of [such]
13-34 those nuisances at the expense of
the person creating, causing or
13-35 committing [such
nuisances.] the nuisance.
13-36 3. Provide that [such] the expense of removal [shall be]
is a lien
13-37 upon the property upon which the nuisance is
located. Such a lien
13-38 [shall:] must:
13-39 (a) Be
perfected by filing with the county recorder a statement by
13-40 the city clerk of the amount of expenses due and
unpaid and
13-41 describing the property subject to the lien.
13-42 (b) Be
coequal with the latest lien thereon to secure the payment of
13-43 general taxes.
13-44 (c) Not
be subject to extinguishment by the sale of any property on
13-45 account of the nonpayment of general taxes.
13-46 (d) Be
prior and superior to all liens, claims, encumbrances and
13-47 titles other than the liens of assessments and
general taxes.
13-48 4. Provide any other penalty or punishment of
persons responsible
13-49 for such nuisances.
14-1 Sec. 37. Section
2.300 of the charter of the City of Elko, being chapter
14-2 276, Statutes of Nevada 1971, at page 484, is hereby
amended to read as
14-3 follows:
14-4 Sec. 2.300 Powers of [board of
supervisors:] city council:
14-5 Animals and poultry. The [board of supervisors] city council may:
14-6 1. Fix, impose and collect an annual per capita
tax on all animals
14-7 and provide for the capture and disposal of all animals
on which the
14-8 tax is not paid.
14-9 2. Regulate or prohibit the running at large and
disposal of all
14-10 kinds of animals and poultry.
14-11 3. Establish a [pound, appoint a poundkeeper and prescribe his
14-12 duties.] facility for animal
control and may appoint or hire such
14-13 personnel as may
be necessary to operate the facility.
14-14 4. Prohibit cruelty to animals.
14-15 Sec. 38. Section
2.310 of the charter of the City of Elko, being chapter
14-16 276, Statutes of Nevada 1971, at page 484, is hereby
amended to read as
14-17 follows:
14-18 Sec. 2.310
Powers of [board of supervisors:] city council:
14-19 Abatement of noxious insects, rats and
disease-bearing organisms.
14-20 The [board of
supervisors] city council may take all
steps necessary
14-21 and proper for the extermination of noxious insects,
rats and other
14-22 disease-bearing organisms, either in the city or in
territory outside the
14-23 city but so situated that such insects, rats and
disease-bearing
14-24 organisms migrate or are carried into the city.
14-25 Sec. 39. Section
2.320 of the charter of the City of Elko, being chapter
14-26 276, Statutes of Nevada 1971, at page 484, is hereby
amended to read as
14-27 follows:
14-28 Sec. 2.320
Powers of [board of supervisors:] city council:
14-29 Sanitary sewer facilities. The [board of
supervisors] city council
14-30 may:
14-31 1. Provide for a sanitary sewer system or any
part thereof, and
14-32 obtain property therefor either within or without
the city.
14-33 2. Sell any product or byproduct thereof and
acquire the
14-34 appropriate outlets within or without the city and
extend the sewer
14-35 lines thereto.
14-36 3. Establish sewer fees and provide for the
enforcement and
14-37 collection thereof.
14-38 Sec. 40. Section
2.330 of the charter of the City of Elko, being chapter
14-39 276, Statutes of Nevada 1971, at page 484, is hereby
amended to read as
14-40 follows:
14-41 Sec. 2.330
Powers of [board of supervisors:] city council:
14-42 Provision of utilities. The [board of supervisors] city council may:
14-43 1. Provide, by contract, franchise or public
enterprise, for any
14-44 utility to be furnished to the city for the
residents thereof.
14-45 2. Provide for the construction of any facility
necessary for the
14-46 provision of [such] the utilities.
14-47 3. Fix the rate to be paid for any utility
provided by public
14-48 enterprise. Any charges due for services, facilities
or commodities
14-49 furnished by any utility owned by the city is a lien
upon the property
15-1 to which the service is rendered and [shall]
may be perfected by
filing
15-2 with the county recorder of Elko County a statement
by the city clerk
15-3 of the amount due and unpaid and describing the
property subject to
15-4 the lien. Each such lien [shall:] must:
15-5 (a) Be coequal
with the latest lien thereon to secure the payment of
15-6 general taxes.
15-7 (b) Not be
subject to extinguishment by the sale of any property on
15-8 account of the nonpayment of general taxes.
15-9 (c) Be prior
and superior to all liens, claims, encumbrances and
15-10 titles other than the liens of assessments and
general taxes.
15-11 Sec. 41. Section
2.340 of the charter of the City of Elko, being chapter
15-12 276, Statutes of Nevada 1971, at page 484, is hereby
amended to read as
15-13 follows:
15-14 Sec. 2.340
Powers of [board of supervisors:] city council:
15-15 Cemeteries; acquisition and maintenance. The [board of
15-16 supervisors] city
council may, by any lawful means:
15-17 1. Acquire and maintain property for public use
as a cemetery.
15-18 2. Survey, plat, map, fence, ornament, and
otherwise improve all
15-19 public cemetery grounds.
15-20 3. Convey cemetery lots owned by the city, and
pass rules and
15-21 ordinances for the protection and government of [such] cemetery
15-22 grounds.
15-23 4. Vacate public burial and cemetery grounds.
15-24 5. Prohibit subsequent burials therein.
15-25 6. Provide for the removal therefrom of all
bodies which may
15-26 have been interred therein.
15-27 Sec. 42. Section
2.350 of the charter of the City of Elko, being chapter
15-28 276, Statutes of Nevada 1971, at page 485, is hereby
amended to read as
15-29 follows:
15-30 Sec. 2.350
Powers of [board of supervisors:] city council:
15-31 Television franchises.
15-32 1. The [board of
supervisors] city council may contract
with,
15-33 authorize or grant a franchise to, any person,
company or association
15-34 to construct, maintain and operate a television
installation system
15-35 which requires the use of city property or that
portion of the city
15-36 dedicated to public use for the maintenance of
cables or wires
15-37 underground, on the surface or on poles for the
transmission of the
15-38 television picture.
15-39 2. Any franchise granted [shall]
must require a time
within which
15-40 actual construction [shall]
must be commenced, a time within which
15-41 distribution of television [shall]
must be completed,
and the posting of
15-42 a bond in an amount to be set by the [board of supervisors]
city
15-43 council to assure compliance
therewith.
15-44 Sec. 43. Section
2.360 of the charter of the City of Elko, being chapter
15-45 276, Statutes of Nevada 1971, at page 485, is hereby
amended to read as
15-46 follows:
15-47 Sec. 2.360
Powers of [board of supervisors:] city council: Flood
15-48 control. The [board of supervisors] city council may:
16-1 1. Construct, within or without the city limits,
works designed to
16-2 protect the city from floods.
16-3 2. Acquire by purchase or condemnation any
property or water
16-4 right necessary or appropriate for [such] that purpose.
16-5 3. Enact all ordinances and regulations
necessary to carry the
16-6 power conferred in this section into effect.
16-7 Sec. 44. Section
3.010 of the charter of the City of Elko, being chapter
16-8 276, Statutes of Nevada 1971, as last amended by
chapter 98, Statutes of
16-9 Nevada 1977, at page 204, is hereby amended to read
as follows:
16-10 Sec. 3.010
Mayor: Qualifications; duties; [vice president.] mayor
16-11 pro tempore.
16-12 1. The mayor [shall]
must be:
16-13 (a) A
bona fide resident of the city for at least 2 years [prior to]
16-14 before his election.
16-15 (b) A
qualified elector within the city.
16-16 2. The mayor shall:
16-17 (a) Serve
as ex officio president of the [board of
supervisors] city
16-18 council and preside over its
meetings.
16-19 (b) Serve
as the chief executive officer of the city.
16-20 (c) Be
recognized as the head of the city government for all
16-21 ceremonial purposes.
16-22 (d) Perform
such emergency duties as may be necessary for the
16-23 health, welfare and safety of the city.
16-24 (e) Perform
such other duties, except administrative duties
16-25 assigned by the [board of supervisors]
city council to the
city
16-26 manager, as may be prescribed by ordinance or by the
provisions of
16-27 Nevada Revised Statutes which apply to a mayor of a
city organized
16-28 under the provisions of a special charter.
16-29 3. The [board of
supervisors] city council shall elect
one of its
16-30 members to be [vice president. Such person shall:
16-31 (a) Hold] the mayor pro tempore
who:
16-32 (a) Holds such office and title,
without additional compensation,
16-33 during the term for which he was elected.
16-34 (b) [Perform] Must perform the duties
of mayor during the
16-35 absence or disability of the mayor.
16-36 (c) [Act]
Must act as mayor
until the next municipal election if the
16-37 office of mayor becomes vacant.
16-38 Sec. 45. Section
3.020 of the charter of the City of Elko, being chapter
16-39 276, Statutes of Nevada 1971, at page 486, is hereby
amended to read as
16-40 follows:
16-41 Sec. 3.020
City manager: Duties.
16-42 1. The city manager shall perform such
administrative duties as
16-43 the [board of
supervisors] city council may
designate. [His] The
city
16-44 council shall fix
the duties
and salary [shall be fixed by the
board of
16-45 supervisors.] of the city
manager.
16-46 2. The city manager may appoint such [clerical and administrative
16-47 assistants] personnel
as he may deem necessary, subject to the
16-48 approval of the [board of supervisors.] city council.
17-1 Sec. 46. Section
3.030 of the charter of the City of Elko, being chapter
17-2 276, Statutes of Nevada 1971, at page 486, is hereby
amended to read as
17-3 follows:
17-4 Sec. 3.030 City clerk: Duties. The city clerk shall:
17-5 1. Keep the corporate seal and all books and
papers belonging to
17-6 the city.
17-7 2. Attend all meetings of the [board of supervisors]
city council
17-8 and keep an accurate journal of its proceedings,
including a record of
17-9 all ordinances, bylaws and resolutions passed or
adopted by it. After
17-10 approval at each meeting of the [board of supervisors,]
city council,
17-11 the city clerk shall attest the journal after it has
been signed by the
17-12 mayor.
17-13 3. Sign all warrants issued.
17-14 4. Number and countersign all licenses issued by
the city. All
17-15 licenses [shall] must be in a form devised by the city clerk
and
17-16 approved by the [board of supervisors.] city council.
17-17 5. Enter upon the journal the result of the vote
of the [board of
17-18 supervisors] city
council upon the passage of ordinances, or of any
17-19 resolution appropriating money, abolishing licenses
or increasing or
17-20 decreasing the rates of licenses.
17-21 6. Act as ex officio city treasurer, registry
agent and license
17-22 collector.
17-23 7. Perform such other duties as may be required
by the [board of
17-24 supervisors.] city council.
17-25 Sec. 47. Section
3.040 of the charter of the City of Elko, being chapter
17-26 276, Statutes of Nevada 1971, at page 486, is hereby
amended to read as
17-27 follows:
17-28 Sec. 3.040
City clerk’s bond. The city clerk [shall be]
is liable
17-29 and accountable on his official bond for the
performance of his duties
17-30 under the provisions of this charter, and the [board of supervisors]
city
17-31 council may require from him such
additional security as may be
17-32 necessary from time to time.
17-33 Sec. 48. Section
3.070 of the charter of the City of Elko, being chapter
17-34 276, Statutes of Nevada 1971, at page 487, is hereby
amended to read as
17-35 follows:
17-36 Sec. 3.070
Chief of police: Police officers. The chief of police
17-37 may, subject to approval of the [board of supervisors,]
city council,
17-38 appoint and supervise such police officers as may be
deemed
17-39 necessary.
17-40 Sec. 49. Section
3.080 of the charter of the City of Elko, being chapter
17-41 276, Statutes of Nevada 1971, at page 487, is hereby
amended to read as
17-42 follows:
17-43 Sec. 3.080
City officers: Duties restricted and
altered. The
17-44 [board of
supervisors] city council may prescribe by ordinance the
17-45 powers and duties of all city officers and may add
to, alter or restrict
17-46 such powers and duties.
18-1 Sec. 50. Section
3.090 of the charter of the City of Elko, being chapter
18-2 276, Statutes of Nevada 1971, at page 487, is hereby
amended to read as
18-3 follows:
18-4 Sec. 3.090 City officers: Absence from office. If any
18-5 appointive officer removes his office from the city,
or absents himself
18-6 therefrom for more than 30 days without leave of the
[board of
18-7 supervisors,] city
council, his office [shall] must be declared vacant
18-8 by the [board of
supervisors,] city council and the
vacancy filled by
18-9 appointment as provided in this charter.
18-10 Sec. 51. Section
3.100 of the charter of the City of Elko, being chapter
18-11 276, Statutes of Nevada 1971, at page 487, is hereby
amended to read as
18-12 follows:
18-13 Sec. 3.100 City officers: Collection and disposition of [moneys.]
18-14 money.
18-15 1. All taxes, fines, forfeitures or other [moneys] money collected
18-16 or recovered by any officer or person pursuant to
the provisions of
18-17 this charter or [of]
any valid ordinance of the city [shall] must be paid
18-18 by the officer or person collecting or receiving [them] the money to
18-19 the finance
department of the city [clerk, who] , which shall dispose
18-20 of [them] the money in accordance with the ordinances,
regulations
18-21 and procedures established by the [board of supervisors.] city council.
18-22 2. The [board of
supervisors] city council may , by proper legal
18-23 action
, collect all [moneys
which are] money that is due and
unpaid
18-24 to the city or any office thereof, and the [board of supervisors]
city
18-25 council may pay from the general
fund all fees and expenses
18-26 necessarily incurred by it in connection with the
collection of [such
18-27 moneys.] that money.
18-28 Sec. 52. Section
3.110 of the charter of the City of Elko, being chapter
18-29 276, Statutes of Nevada 1971, at page 487, is hereby
amended to read as
18-30 follows:
18-31 Sec. 3.110
Removal of officers. If any officer is adjudged
18-32 guilty of nonfeasance, misfeasance or malfeasance in
office [,]
by any
18-33 court of competent jurisdiction, the [board of supervisors]
city council
18-34 may declare the office vacant and fill the vacancy
so caused [,]
as
18-35 provided by law.
18-36 Sec. 53. Section
4.020 of the charter of the City of Elko, being chapter
18-37 276, Statutes of Nevada 1971, as last amended by
chapter 208, Statutes of
18-38 Nevada 1985, at page 673, is hereby amended to read
as follows:
18-39 Sec. 4.020 Municipal court: Municipal
judge. The salary of the
18-40 municipal judge must be fixed by the [board of supervisors.]
city
18-41 council.
18-42 Sec. 54. Section
5.010 of the charter of the City of Elko, being chapter
18-43 276, Statutes of Nevada 1971, at page 488, is hereby
amended to read as
18-44 follows:
18-45 Sec. 5.010
Municipal elections.
18-46 1. On the 1st Tuesday after the 1st Monday in
June 1975, and at
18-47 each successive interval of 4 years, there [shall] must be elected by
18-48 the qualified voters of the city , at a general election to
be held for that
18-49 purpose
, a mayor and two [supervisors,] members of the city council,
19-1 who shall hold office for a period of 4 years and
until their successors
19-2 have been elected and qualified.
19-3 2. On the 1st Tuesday after the 1st Monday in
June 1973, and at
19-4 each successive interval of 4 years thereafter,
there [shall] must
be
19-5 elected by the qualified voters of the city , at a general election
to be
19-6 held for that purpose , two [supervisors,] members of the city council,
19-7 who shall hold office for a period of 4 years and
until their successors
19-8 have been elected and qualified.
19-9 Sec. 55. Section
5.020 of the charter of the City of Elko, being chapter
19-10 276, Statutes of Nevada 1971, at page 488, is hereby
amended to read as
19-11 follows:
19-12 Sec. 5.020
Applicability of state election laws;
elections under
19-13 [board of
supervisors’ control.] control of city council.
19-14 1. All elections held under this charter [shall be]
are governed by
19-15 the provisions of the election laws of this state,
so far as such laws can
19-16 be made applicable and are not inconsistent
herewith.
19-17 2. The conduct of all municipal elections [shall be]
is under the
19-18 control of the [board of supervisors.]
city council. For
the conduct of
19-19 municipal elections, for the prevention of fraud in
such elections, and
19-20 for the recount of ballots in cases of doubt or
fraud, the [board of
19-21 supervisors] city
council shall adopt by ordinance all regulations
19-22 which it considers desirable and consistent with law
and this charter.
19-23 Sec. 56. Section
5.030 of the charter of the City of Elko, being chapter
19-24 276, Statutes of Nevada 1971, at page 488, is hereby
amended to read as
19-25 follows:
19-26 Sec. 5.030
Qualifications, registration of voters.
19-27 1. Every person who resides within the city at
the time of holding
19-28 [any] a municipal election, and
whose name appears upon the official
19-29 register of voters in and for the city, is entitled
to vote at [each] the
19-30 municipal election and for all officers to be voted
for and on all
19-31 questions that may be submitted to the people at [any such] the
19-32 election, except as otherwise provided in this
article.
19-33 2. Nothing in this charter [shall be so construed as to deny or
19-34 abridge] denies or
abridges
the power of the [board of supervisors]
19-35 city council to provide for supplemental
registration.
19-36 Sec. 57. Section
5.080 of the charter of the City of Elko, being chapter
19-37 276, Statutes of Nevada 1971, at page 489, is hereby
amended to read as
19-38 follows:
19-39 Sec. 5.080
Voting machines. The [board of
supervisors] city
19-40 council may provide for the use of
mechanical or other devices for
19-41 voting or counting [the]
votes that is not
inconsistent with law or the
19-42 regulations of the secretary of state.
19-43 Sec. 58. Section
5.090 of the charter of the City of Elko, being chapter
19-44 276, Statutes of Nevada 1971, at page 489, is hereby
amended to read as
19-45 follows:
19-46 Sec. 5.090
Election returns; canvass; certificates
of election;
19-47 entry of officers upon duties; tie vote procedure.
19-48 1. The election returns from [any] a municipal election [shall]
19-49 must be filed with the city
clerk, who shall immediately place [such]
20-1 the returns in a safe or vault . [, and no person shall be permitted to]
20-2 No person may handle, inspect or in any
manner interfere with [such]
20-3 the returns until the returns are canvassed
by the [board of
20-4 supervisors.] city council.
20-5 2. The [board of
supervisors] city council shall meet
within 5
20-6 days after [any] an election and canvass the returns and
declare the
20-7 result. The election returns [shall then] must be sealed and kept
by the
20-8 city clerk for [6 months,]
2 years, and no
person [shall] may have
20-9 access thereto except on order of a court of
competent jurisdiction or
20-10 by order of the [board of supervisors.] city council.
20-11 3. The city clerk, under his hand and official
seal, shall issue to
20-12 each person declared to be elected a certificate of
election. The
20-13 officers so elected shall qualify and enter upon the
discharge of their
20-14 respective duties on the 1st Monday in July next
following their
20-15 election.
20-16 4. If any election should result in a tie, the [board of supervisors]
20-17 city council shall summon the candidates
who received the tie vote
20-18 and determine the tie by lot. The clerk shall then
issue to the winner a
20-19 certificate of election.
20-20 Sec. 59. Section
6.010 of the charter of the City of Elko, being chapter
20-21 276, Statutes of Nevada 1971, as last amended by
chapter 361, Statutes of
20-22 Nevada 1983, at page 873, is hereby amended to read
as follows:
20-23 Sec. 6.010
Local improvement law. The [board of
supervisors,]
20-24 city council, on behalf of the city and in
its name, without any
20-25 election, may from time to time acquire, improve,
equip, operate and
20-26 maintain, convert to or authorize:
20-27 1. Curb and gutter projects;
20-28 2. Drainage projects;
20-29 3. Offstreet parking projects;
20-30 4. Overpass projects;
20-31 5. Park projects;
20-32 6. Sanitary sewer projects;
20-33 7. Security walls;
20-34 8. Sidewalk projects;
20-35 9. Storm sewer projects;
20-36 10. Street projects;
20-37 11. Underground electric and communication
facilities;
20-38 12. Underpass projects; and
20-39 13. Water projects.
20-40 Sec. 60. Section
6.020 of the charter of the City of Elko, being chapter
20-41 276, Statutes of Nevada 1971, as amended by chapter
306, Statutes of
20-42 Nevada 1973, at page 381, is hereby amended to read
as follows:
20-43 Sec. 6.020
Local improvement law: Collateral
powers. The
20-44 [board of
supervisors] city council, on behalf of the city for the
20-45 purpose of defraying all the costs of acquiring,
improving or
20-46 converting to any project authorized by section
6.010, or any portion
20-47 of the cost thereof not to be defrayed with [moneys] money otherwise
20-48 available therefor, is vested with the powers
granted to municipalities
20-49 by chapters 271 and 704A of NRS, as amended from
time to time.
21-1 Sec. 61. Section
7.020 of the charter of the City of Elko, being chapter
21-2 276, Statutes of Nevada 1971, as amended by chapter
482, Statutes of
21-3 Nevada 1981, at page 970, is hereby amended to read
as follows:
21-4 Sec. 7.020 Borrowing money.
21-5 1. Subject to the limitations imposed by this
article, the city may
21-6 borrow money for any corporate purpose, including , without
21-7 limitation , any purpose expressly authorized by this
charter or by
21-8 Nevada Revised Statutes for a city, and the city may, for such a
21-9 purpose ,
[may] issue bonds or other securities. The Local
21-10 Government Securities Law, as amended from time to
time, applies to
21-11 all securities so issued, except for securities
issued under section
21-12 6.020.
21-13 2. Any property tax levied to pay the principal
of or interest on
21-14 such indebtedness must be levied upon all taxable
property within the
21-15 city as provided in NRS 350.590 to 350.602,
inclusive.
21-16 3. Any ordinance pertaining to the sale or
issuance of bonds or
21-17 other securities, including, without limitations,
securities issued under
21-18 section 6.020, may be adopted in the same manner as
is provided for
21-19 cases of emergency. A declaration by the [board of supervisors]
city
21-20 council in any ordinance that it is
of this kind is conclusive in the
21-21 absence of fraud or gross abuse of discretion.
21-22 Sec. 62. Section
8.010 of the charter of the City of Elko, being chapter
21-23 276, Statutes of Nevada 1971, at page 492, is hereby
amended to read as
21-24 follows:
21-25 Sec. 8.010
Municipal taxes.
21-26 1. The [board of
supervisors] city council shall
annually, at the
21-27 time prescribed by law for levying taxes for state
and county
21-28 purposes, levy a tax not exceeding 3 percent upon
the assessed value
21-29 of all real and personal property within the city,
except as provided in
21-30 the Local Government Securities Law and the
Consolidated Local
21-31 Improvements Law, as amended from time to time. The
taxes so
21-32 levied [shall] must be collected at the same time and in the
same
21-33 manner and by the same officers, exercising the same
functions, as
21-34 prescribed in the laws of the State of Nevada for
collection of state
21-35 and county taxes. The revenue laws of the state [shall,]
must, in every
21-36 respect not inconsistent with the provisions of this
charter, be
21-37 applicable to the levying, assessing and collecting
of the municipal
21-38 taxes.
21-39 2. In the matter of the equalization of
assessments, the rights of
21-40 the city and the inhabitants thereof [shall]
must be protected in
the
21-41 same manner and to the same extent by the action of
the county board
21-42 of equalization as are the state and county.
21-43 3. All forms and blanks used in levying,
assessing and collecting
21-44 the revenues of the state and counties [shall,]
must, with such
21-45 alterations or additions as may be necessary, be
used in levying,
21-46 assessing and collecting the revenues of the city.
The [board of
21-47 supervisors] city
council shall enact all such ordinances as it may
21-48 deem necessary and not inconsistent with this
charter and the laws of
22-1 the state for the prompt, convenient and economical
collecting of the
22-2 revenue.
22-3 Sec. 63. Section
8.020 of the charter of the City of Elko, being chapter
22-4 276, Statutes of Nevada 1971, at page 492, is hereby
amended to read as
22-5 follows:
22-6 Sec. 8.020 Revenue ordinances. The [board of
supervisors shall
22-7 have full power to] city
council may pass and enact all ordinances
22-8 necessary to carry into effect the revenue laws in
the city and to
22-9 enlarge, fix and determine the powers and duties of
all officers in
22-10 relation thereto.
22-11 Sec. 64. Section
1.040 of the charter of the City of Elko, being chapter
22-12 276, Statutes of Nevada 1971, as amended by chapter
609, Statutes of
22-13 Nevada 1973, at page 1075, section 2.065 of the
charter of the City of
22-14 Elko, being chapter 276, Statutes of Nevada 1971, at
page 478, and section
22-15 3.060 of the charter of the City of Elko, being
chapter 276, Statutes of
22-16 Nevada 1971, at page 486, are hereby repealed.
22-17 Sec. 65. This
act becomes effective upon passage and approval for the
22-18 purpose of authorizing any preliminary activities
necessary to ensure that
22-19 the provisions of this act relating to the
reorganization of the city
22-20 government of the City of Elko are carried out in an
orderly fashion, and
22-21 on October 1, 2001, for all other purposes.
22-22 Sec. 66. 1. A person who, on October 1, 2001, is a member
of the
22-23 board of supervisors of the City of Elko shall be
deemed to be a member of
22-24 the city council of the City of Elko for the
duration of his term of office,
22-25 unless he is otherwise removed from the city council
in the manner
22-26 provided by law.
22-27 2. All ordinances, rules and other regulations
adopted by the board of
22-28 supervisors of the City of Elko remain in force
until amended by the city
22-29 council of the City of Elko and such ordinances,
rules and regulations may
22-30 be enforced by the city council of the City of Elko.
22-31 3. All contracts and other agreements entered
into by the board of
22-32 supervisors of the City of Elko are binding upon the
city council of the City
22-33 of Elko, to which the responsibility for the
administration of the provisions
22-34 of the contracts and other agreements is
transferred. Such contracts and
22-35 agreements may be enforced by the city council of
the City of Elko.
22-36 TEXT OF
REPEALED SECTIONS
22-37 Sec. 1.040
Annexations.
22-38 1. There is hereby created the city annexation
commission.
22-39 2. The number, qualifications, terms and
selection of the members of
22-40 such commission shall be determined by the board of
supervisors.
22-41 3. The commission shall have all the powers and
duties of a city
22-42 annexation commission created pursuant to NRS
268.626 with respect to
22-43 annexations to the city.
23-1 Sec. 2.065 Meetings: Assent to actions. Any action taken by a
23-2 majority of the board of supervisors at any regular
or special meeting, even
23-3 though such meeting is not properly noticed or
called, and the record
23-4 thereof, if assented to in writing by all of the
members of the board of
23-5 supervisors, shall be as valid and effective in all
respects as if passed by the
23-6 board of supervisors in a properly noticed and
called regular or special
23-7 meeting.
23-8 Sec. 3.060
County assessor to be ex officio city
assessor; duties.
23-9 1. The county assessor of Elko County shall be
ex officio city assessor
23-10 of the city. The county assessor shall perform such
duties for the city
23-11 without additional compensation.
23-12 2. Upon request of the ex officio city assessor,
the board of supervisors
23-13 may appoint and set the salary of a deputy city
assessor to perform such
23-14 duties relative to city assessments as may be deemed
necessary.
~