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