(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT A.B. 11
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 councilmust 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 councilbefore 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 councilpursuant 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[.] and emergency.
5-19 1. In addition to its regularly scheduled meetings, the city
5-20 council may hold special and emergency meetings. Special and
5-21 emergency meetings may be held on call of the mayor or by a
5-22 majority of the [board of supervisors, by giving a minimum of 6
5-23 hours’ written notice of such special meeting to each member of the
5-24 board of supervisors prior to the meeting. A special meeting may be
5-25 held without notice with the unanimous written consent of the board
5-26 of supervisors.] city council in a manner that complies with the
5-27 provisions of chapter 241 of NRS.
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)] (b) No ordinance may be passed except an emergency
5-37 ordinance . [, or one specified in section 7.020.]
5-38 Sec. 14. Section 2.070 of the charter of the City of Elko, being chapter
5-39 276, Statutes of Nevada 1971, at page 478, is hereby amended to read as
5-40 follows:
5-41 Sec. 2.070 Meetings: Time and place; rules. The [board of
5-42 supervisors] city council may:
5-43 1. Fix the time and place of its meetings and judge the
5-44 qualifications and election of its own members.
5-45 2. Adopt rules for the government of its members and
5-46 proceedings.
6-1 Sec. 15. Section 2.080 of the charter of the City of Elko, being chapter
6-2 276, Statutes of Nevada 1971, at page 478, is hereby amended to read as
6-3 follows:
6-4 Sec. 2.080 Oaths and affirmations. The mayor, each
6-5 [supervisor] member of the city council and the city clerk may
6-6 administer oaths and affirmations relating to any business pertaining
6-7 to the city before the [board of supervisors] city council or to be
6-8 considered by the [board of supervisors.] city council.
6-9 Sec. 16. Section 2.090 of the charter of the City of Elko, being chapter
6-10 276, Statutes of Nevada 1971, at page 478, is hereby amended to read as
6-11 follows:
6-12 Sec. 2.090 Powers of [board of supervisors:]city council:
6-13 Ordinances, resolutions and orders.
6-14 1. The [board of supervisors] city council may make and pass all
6-15 ordinances, resolutions and orders not repugnant to the Constitution of
6-16 the United States or the State of Nevada, or to the provisions of
6-17 Nevada Revised Statutes or of this charter, necessary for the
6-18 municipal government and the management of the affairs of the city,
6-19 and for the execution of all the powers vested in the city.
6-20 2. When power is conferred upon the [board of supervisors] city
6-21 council to do and perform anything, and the manner of exercising
6-22 [such] the power is not specifically provided for, the [board of
6-23 supervisors] city council may provide by ordinance the manner and
6-24 details necessary for the full exercise of [such] the power.
6-25 3. The [board of supervisors] city council may enforce ordinances
6-26 by providing penalties not to exceed those established by the
6-27 legislature for misdemeanors.
6-28 4. The [board of supervisors shall have] city council has such
6-29 powers, not in conflict with the express or implied provisions of this
6-30 charter, as are conferred generally by statute upon the governing
6-31 bodies of cities organized under a special charter.
6-32 5. The city council shall not pass any ordinance increasing or
6-33 diminishing the salary of any elective officer during the term for
6-34 which he is elected or appointed.
6-35 Sec. 17. Section 2.100 of the charter of the City of Elko, being chapter
6-36 276, Statutes of Nevada 1971, at page 478, is hereby amended to read as
6-37 follows:
6-38 Sec. 2.100 Ordinances: Passage by bill; amendments; subject
6-39 matter; title requirements.
6-40 1. No ordinance may be passed except by bill and by a majority
6-41 vote of the whole [board of supervisors.] city council. The style of all
6-42 ordinances [shall] must be as follows: “The [Board of Supervisors]
6-43 City Council of the City of Elko does ordain:”.
6-44 2. [No ordinance shall] An ordinance must not contain more than
6-45 one subject, which [shall] must be briefly indicated in the title. Where
6-46 the subject of the ordinance is not so expressed in the title, the
6-47 ordinance is void as to the matter not expressed in the title.
6-48 3. Any ordinance which amends an existing ordinance [shall]
6-49 must set out in full the ordinance or sections thereof to be amended,
7-1 and [shall] must indicate matter to be omitted . [by enclosing it in
7-2 brackets and shall indicate new matter by underscoring or by italics.]
7-3 Sec. 18. Section 2.110 of the charter of the City of Elko, being chapter
7-4 276, Statutes of Nevada 1971, as amended by chapter 160, Statutes of
7-5 Nevada 1983, at page 368, is hereby amended to read as follows:
7-6 Sec. 2.110 Ordinances: Enactment procedure; emergency
7-7 ordinances.
7-8 1. All proposed ordinances when first proposed must be read to
7-9 the [board of supervisors] city council by title and may be referred to
7-10 a committee for consideration, after which an adequate number of
7-11 copies of the proposed ordinance must be filed with the city clerk for
7-12 public distribution. Except as otherwise provided in subsection 3,
7-13 notice of the filing must be published once in a newspaper qualified
7-14 pursuant to the provisions of chapter 238 of NRS, as amended from
7-15 time to time, and published in the city at least 10 days before the
7-16 adoption of the ordinance. The [board of supervisors] city council
7-17 shall adopt or reject the ordinance or an amendment thereto, within 30
7-18 days after the date of publication.
7-19 2. At the next regular meeting or adjourned meeting of the [board
7-20 of supervisors] city council following the proposal of an ordinance,
7-21 the ordinance must be considered again with the report of the
7-22 committee, if any. Thereafter, it must be read as first introduced, or as
7-23 amended, and thereupon the proposed ordinance must be finally voted
7-24 upon or action thereon postponed.
7-25 3. In cases of emergency or where the ordinance is of a kind
7-26 specified in section 7.020, by unanimous consent of the [board of
7-27 supervisors,] city council, final action may be taken immediately or at
7-28 a special meeting called for that purpose, and no notice of the filing of
7-29 the copies of the proposed ordinance with the city clerk need be
7-30 published.
7-31 4. All ordinances must be signed by the mayor, attested by the
7-32 city clerk and published by title, together with the names of the
7-33 [supervisors] members of the city council voting for or against
7-34 passage, in a newspaper qualified pursuant to the provisions of
7-35 chapter 238 of NRS, as amended from time to time, and published in
7-36 the city for at least one publication, before the ordinance becomes
7-37 effective. The [board of supervisors] city council may, by majority
7-38 vote, order the publication of the ordinance in full in lieu of
7-39 publication by title only.
7-40 5. The city clerk shall [record] keep on file all ordinances [in a
7-41 book kept for that purpose, together with] , including the affidavits of
7-42 publication by the publisher.
7-43 Sec. 19. Section 2.120 of the charter of the City of Elko, being chapter
7-44 276, Statutes of Nevada 1971, as last amended by chapter 344, Statutes of
7-45 Nevada 1973, at page 428, is hereby amended to read as follows:
7-46 Sec. 2.120 Codification of ordinances; publication of code.
7-47 1. The [board of supervisors] city council may codify and publish
7-48 a code of its municipal ordinances in the form of a municipal code . [,
7-49 which code may, at the election of the board of supervisors, have
8-1 incorporated therein] The city council may incorporate into the
8-2 municipal code a copy of this charter and such additional data as the
8-3 [board of supervisors] city council may prescribe. When [such] the
8-4 municipal code is published, two copies [shall] of the code must be
8-5 filed with the librarian at the supreme court law library.
8-6 2. The ordinances in the code [shall] must be arranged in
8-7 appropriate chapters, articles, and sections, excluding the titles,
8-8 enacting clauses, signature of the mayor, attestations and other formal
8-9 parts.
8-10 3. The codification [shall] must be adopted by an ordinance and
8-11 [shall] must not contain any substantive changes, modifications or
8-12 alterations of existing ordinances . [; and the] The only title necessary
8-13 for the ordinance [shall be,] is “An ordinance for codifying and
8-14 compiling the general ordinances of the City of Elko.”
8-15 4. The codification may be amended or extended by ordinance.
8-16 Sec. 20. Section 2.130 of the charter of the City of Elko, being chapter
8-17 276, Statutes of Nevada 1971, at page 480, is hereby amended to read as
8-18 follows:
8-19 Sec. 2.130 Powers of [board of supervisors:]city council: Public
8-20 property, buildings.
8-21 1. The [board of supervisors] city council may:
8-22 (a) Control the property of the corporation.
8-23 (b) Erect and maintain all buildings necessary for the use of the
8-24 city.
8-25 (c) Purchase, receive, hold, sell, lease, convey and dispose of
8-26 property, wherever situated, for the benefit of the city, improve and
8-27 protect such property, and do all other things in relation thereto which
8-28 natural persons might do.
8-29 2. The [board of supervisors] city council may not, except as
8-30 otherwise specifically provided by this charter or any other law,
8-31 mortgage, hypothecate or pledge any property of the city for any
8-32 purpose.
8-33 Sec. 21. Section 2.140 of the charter of the City of Elko, being chapter
8-34 276, Statutes of Nevada 1971, at page 480, is hereby amended to read as
8-35 follows:
8-36 Sec. 2.140 Powers of [board of supervisors:]city council:
8-37 Eminent domain. The [board of supervisors] city council may
8-38 condemn property for the public use in the manner prescribed by
8-39 chapter 37 of NRS, as amended from time to time.
8-40 Sec. 22. Section 2.150 of the charter of the City of Elko, being chapter
8-41 276, Statutes of Nevada 1971, at page 480, is hereby amended to read as
8-42 follows:
8-43 Sec. 2.150 Powers of [board of supervisors:]city council:
8-44 Licensing, regulation and prohibition of businesses, trades and
8-45 professions.
8-46 1. The [board of supervisors] city council may:
8-47 (a) Regulate all businesses, trades and professions.
8-48 (b) Fix, impose and collect a license tax for revenue upon all
8-49 businesses, trades and professions.
9-1 2. The [board of supervisors] city council may establish any
9-2 equitable standard to be used in fixing license taxes collected pursuant
9-3 to this section.
9-4 Sec. 23. Section 2.160 of the charter of the City of Elko, being chapter
9-5 276, Statutes of Nevada 1971, as amended by chapter 105, Statutes of
9-6 Nevada 1977, at page 219, is hereby amended to read as follows:
9-7 Sec. 2.160 Powers of [board of supervisors:]city council:
9-8 Recreational facilities; definition.
9-9 1. The legislature finds and declares that recreation facilities for
9-10 the use and enjoyment of all the inhabitants of the city are public uses
9-11 and municipal purposes, and that the acquisition, construction and
9-12 operation thereof by the [board of supervisors] city council will
9-13 promote the morals, amusement, entertainment, health, welfare and
9-14 safety of the inhabitants of the city.
9-15 2. As used in sections 2.160 [to 2.180, inclusive,] , 2.170 and
9-16 2.180, “recreation facility” or “recreation facilities” means a place,
9-17 structure, area or other facility used for community recreation, such as
9-18 playgrounds, playing fields or courts, beaches, lakes, rivers,
9-19 swimming pools, dams constructed across streams or rivers for the
9-20 creation of swimming pools and recreational reservoirs, gymnasiums,
9-21 auditoriums, camps, parks, ski facilities, golf courses, natural
9-22 reservations, recreation grounds, fairgrounds, exposition buildings,
9-23 convention halls, fieldhouses, amusement halls and recreation centers.
9-24 Sec. 24. Section 2.170 of the charter of the City of Elko, being chapter
9-25 276, Statutes of Nevada 1971, as amended by chapter 105, Statutes of
9-26 Nevada 1977, at page 219, is hereby amended to read as follows:
9-27 Sec. 2.170 Powers of [board of supervisors:]city council:
9-28 Recreational facilities; financing. The [board of supervisors] city
9-29 council may:
9-30 1. Establish, construct, purchase, lease, rent, acquire by gift,
9-31 grant, bequest, devise, or otherwise acquire, reconstruct, improve,
9-32 extend, better, alter, repair, equip, furnish, regulate, maintain, operate
9-33 and manage recreation facilities within or without the city, including
9-34 personal or real property, improvements and fixtures thereon, property
9-35 of any nature appurtenant thereto or used in connection therewith, and
9-36 every estate, interest and right, legal or equitable, therein, including
9-37 terms for years.
9-38 2. Deposit the proceeds of any of the license taxes collected
9-39 pursuant to section 2.150 in a special fund in the city treasury for the
9-40 purpose of:
9-41 (a) Operating and maintaining recreation facilities under the
9-42 jurisdiction of the [board of supervisors.] city council.
9-43 (b) Improving, extending and bettering such recreation facilities.
9-44 (c) Constructing, purchasing or otherwise acquiring such recreation
9-45 facilities.
9-46 3. Accept contributions, grants or other financial assistance from
9-47 the Federal Government or any agency or instrumentality thereof,
9-48 corporate or otherwise, the State of Nevada or any of its political
9-49 subdivisions or from any other source, for or in aid of any recreation
10-1 facility within the [board of supervisors’] area of operation[,] of the
10-2 city council, and comply with such conditions, trust indentures, leases
10-3 or agreements as may be necessary, convenient or desirable.
10-4 Sec. 25. Section 2.180 of the charter of the City of Elko, being chapter
10-5 276, Statutes of Nevada 1971, at page 481, is hereby amended to read as
10-6 follows:
10-7 Sec. 2.180 Powers of [board of supervisors:]city council:
10-8 Recreational facilities; flood control projects. Whenever any
10-9 recreation facility is affected by or will be affected by any flood
10-10 control project being constructed or to be constructed under the
10-11 provisions of any federal law, if the [board of supervisors] city
10-12 council finds that [such] the flood control project will improve, better
10-13 and protect [such] the recreation facility, the [board of supervisors
10-14 shall have the power to] city council may give assurances to and
10-15 perform any other acts required by and satisfactory to the Secretary of
10-16 the Army that the local cooperation required for [such] the flood
10-17 control project by [such] federal law will be furnished by the city.
10-18 Sec. 26. Section 2.190 of the charter of the City of Elko, being chapter
10-19 276, Statutes of Nevada 1971, at page 481, is hereby amended to read as
10-20 follows:
10-21 Sec. 2.190 Powers of [board of supervisors:]city council: Police
10-22 ordinances. The [board of supervisors] city council may enact and
10-23 enforce such local police ordinances as are not in conflict with the
10-24 general laws of the State of Nevada.
10-25 Sec. 27. Section 2.200 of the charter of the City of Elko, being chapter
10-26 276, Statutes of Nevada 1971, as amended by chapter 391, Statutes of
10-27 Nevada 1999, at page 1861, is hereby amended to read as follows:
10-28 Sec. 2.200 Powers of [board of supervisors:]city council: Fire
10-29 protection; regulation of explosives, inflammable materials; fire codes
10-30 and regulations. The [board of supervisors] city council may:
10-31 1. Organize, regulate and maintain a fire department.
10-32 2. Provide for the appointment of a fire chief and prescribe his
10-33 duties.
10-34 3. Regulate or prohibit the storage of any explosive, combustible
10-35 or inflammable material in or transported through the city, and
10-36 prescribe the distance from any residential or commercial area where
10-37 it may be kept. Any ordinance adopted pursuant to this subsection that
10-38 regulates places of employment where explosives are stored must be
10-39 at least as stringent as the standards and procedures adopted by the
10-40 division of industrial relations of the department of business and
10-41 industry pursuant to NRS 618.890.
10-42 4. Establish, by ordinance, a fire code and other regulations
10-43 necessary to carry out the purposes of this section, and to provide for
10-44 the prevention, suppression and extinguishment of fires and
10-45 conditions hazardous to life and property from fire, explosion or
10-46 combustion, and to provide for the enforcement of all such codes and
10-47 regulations by imposing adequate penalties for violations thereof.
11-1 Sec. 28. Section 2.210 of the charter of the City of Elko, being chapter
11-2 276, Statutes of Nevada 1971, at page 481, is hereby amended to read as
11-3 follows:
11-4 Sec. 2.210 Powers of [board of supervisors:]city council: Public
11-5 health; board of health; regulations. The [board of supervisors] city
11-6 council may:
11-7 1. Provide for safeguarding public health in the city.
11-8 2. Create a board of health and prescribe the powers and duties of
11-9 [such] the board.
11-10 3. Provide for the enforcement of all regulations and quarantines
11-11 established by the board of health by imposing adequate penalties for
11-12 violations thereof.
11-13 Sec. 29. Section 2.220 of the charter of the City of Elko, being chapter
11-14 276, Statutes of Nevada 1971, at page 482, is hereby amended to read as
11-15 follows:
11-16 Sec. 2.220 Powers of [board of supervisors:]city council:
11-17 Buildings; construction and maintenance regulations; building and
11-18 safety codes. The [board of supervisors] city council may:
11-19 1. Regulate all matters relating to the construction, maintenance
11-20 and safety of buildings, structures and property within the city.
11-21 2. Adopt any building or safety code necessary to carry out the
11-22 provisions of this section and establish such fees as may be necessary.
11-23 Sec. 30. Section 2.230 of the charter of the City of Elko, being chapter
11-24 276, Statutes of Nevada 1971, at page 482, is hereby amended to read as
11-25 follows:
11-26 Sec. 2.230 Powers of [board of supervisors:]city council:
11-27 Zoning and planning. The [board of supervisors] city council may:
11-28 1. Divide the city into districts and regulate and restrict the
11-29 erection, construction, reconstruction, alteration, repair or use of
11-30 buildings, structures or land within [such] the districts.
11-31 2. Establish and adopt ordinances and regulations relating to the
11-32 subdivision of land.
11-33 Sec. 31. Section 2.240 of the charter of the City of Elko, being chapter
11-34 276, Statutes of Nevada 1971, at page 482, is hereby amended to read as
11-35 follows:
11-36 Sec. 2.240 Powers of [board of supervisors:]city council:
11-37 Subdivision; payment for installation of utilities. The [board of
11-38 supervisors] city council may require the owners of land who lay out
11-39 and plat the land into lots, streets and alleys to guarantee the payment
11-40 for the installation of sewers, water mains and lines, drains, curbs and
11-41 gutters, and the grading and paving of streets within the division or
11-42 subdivision defined by the plat.
11-43 Sec. 32. Section 2.250 of the charter of the City of Elko, being chapter
11-44 276, Statutes of Nevada 1971, at page 482, is hereby amended to read as
11-45 follows:
11-46 Sec. 2.250 Powers of [board of supervisors:]city council: Rights
11-47 of way, parks, public buildings and grounds and other public places.
11-48 The [board of supervisors] city council may:
12-1 1. Lay out, maintain, alter, improve or vacate all public rights of
12-2 way in the city.
12-3 2. Regulate the use of public parks, buildings, grounds and rights
12-4 of way and prevent the unlawful use thereof.
12-5 3. Require landowners to keep the adjacent streets, sidewalks and
12-6 public parks, buildings and grounds free from encroachments or
12-7 obstructions.
12-8 4. [Regulate] To the extent permissible under the Nevada
12-9 constitution and the Constitution of the United States, regulate and
12-10 prevent in all public places:
12-11 (a) The distribution and exhibition of handbills or signs.
12-12 (b) Any practice tending to annoy persons passing in such public
12-13 places.
12-14 (c) Public demonstrations and processions.
12-15 5. Prevent riots or any act tending to promote riots in any public
12-16 place.
12-17 Sec. 33. Section 2.260 of the charter of the City of Elko, being chapter
12-18 276, Statutes of Nevada 1971, at page 482, is hereby amended to read as
12-19 follows:
12-20 Sec. 2.260 Powers of [board of supervisors:]city council: Traffic
12-21 control. The [board of supervisors] city council may, by ordinance,
12-22 regulate:
12-23 1. All vehicular, pedestrian and other traffic within the city and
12-24 provide generally for the public safety on public streets and rights of
12-25 way.
12-26 2. The length of time for which vehicles may be parked upon the
12-27 public streets and publicly owned parking lots.
12-28 Sec. 34. Section 2.270 of the charter of the City of Elko, being chapter
12-29 276, Statutes of Nevada 1971, as amended by chapter 482, Statutes of
12-30 Nevada 1981, at page 969, is hereby amended to read as follows:
12-31 Sec. 2.270 Powers of [board of supervisors:]city council:
12-32 Parking meters; offstreet public parking facilities.
12-33 1. The [board of supervisors] city council may acquire, install,
12-34 maintain, operate and regulate parking meters at the curbs of the
12-35 streets or upon publicly owned property made available for public
12-36 parking. The parking fees to be charged for the use of the parking
12-37 facilities regulated by parking meters must be fixed by the [board of
12-38 supervisors.] city council.
12-39 2. Except as otherwise provided by this charter, the [board of
12-40 supervisors] city council may acquire property within the city by any
12-41 lawful means, including eminent domain, for the purpose of
12-42 establishing offstreet public parking facilities for vehicles. The [board
12-43 of supervisors] city council may, in bonds issued to acquire property
12-44 for this purpose, pledge the onstreet parking revenues, the general
12-45 credit of the city, or both, to secure the payment of the principal and
12-46 interest thereon.
13-1 Sec. 35. Section 2.280 of the charter of the City of Elko, being chapter
13-2 276, Statutes of Nevada 1971, at page 483, is hereby amended to read as
13-3 follows:
13-4 Sec. 2.280 Powers of [board of supervisors:]city council:
13-5 Railroads. The [board of supervisors] city council may:
13-6 1. License, regulate or prohibit the location, construction or
13-7 laying of tracks of any railroad or streetcar in any public right of way.
13-8 2. Grant franchises to any person or corporation to operate a
13-9 railroad or streetcar upon public rights of way and adjacent property.
13-10 3. Declare a nuisance and require the removal of the tracks of any
13-11 railroad or streetcar in any public right of way.
13-12 4. Condemn rights of way for any public purpose across any
13-13 railroad right of way.
13-14 5. Prescribe the length of time any public right of way may be
13-15 obstructed by trains standing thereon.
13-16 6. Require railroad companies to fence their tracks and to
13-17 construct cattle guards and crossings and to keep them in repair.
13-18 7. Require railroad companies to provide protection against injury
13-19 to persons or property.
13-20 8. Compel railroad companies to raise or lower their tracks to
13-21 conform to any grade established by the city.
13-22 9. Compel railroad companies to provide that drainage from
13-23 property adjacent to their tracks not be impaired.
13-24 Sec. 36. Section 2.290 of the charter of the City of Elko, being chapter
13-25 276, Statutes of Nevada 1971, at page 483, is hereby amended to read as
13-26 follows:
13-27 Sec. 2.290 Powers of [board of supervisors:]city council:
13-28 Nuisances. The [board of supervisors] city council may:
13-29 1. Determine by ordinance what shall be deemed nuisances.
13-30 2. Provide for the abatement, prevention and removal of [such]
13-31 those nuisances at the expense of the person creating, causing or
13-32 committing [such nuisances.] the nuisance.
13-33 3. Provide that [such] the expense of removal [shall be] is a lien
13-34 upon the property upon which the nuisance is located. Such a lien
13-35 [shall:] must:
13-36 (a) Be perfected by filing with the county recorder a statement by
13-37 the city clerk of the amount of expenses due and unpaid and
13-38 describing the property subject to the lien.
13-39 (b) Be coequal with the latest lien thereon to secure the payment of
13-40 general taxes.
13-41 (c) Not be subject to extinguishment by the sale of any property on
13-42 account of the nonpayment of general taxes.
13-43 (d) Be prior and superior to all liens, claims, encumbrances and
13-44 titles other than the liens of assessments and general taxes.
13-45 4. Provide any other penalty or punishment of persons responsible
13-46 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 for such purpose may issue]
21-9 :
21-10 (a) Borrow money; and
21-11 (b) Issue bonds or other securities. The Local Government
21-12 Securities Law, as amended from time to time, applies to all securities
21-13 so issued, except for securities issued [under] pursuant to section
21-14 6.020.
21-15 2. Any property tax levied to pay the principal of or interest on
21-16 such indebtedness must be levied upon all taxable property within the
21-17 city as provided in NRS 350.590 to 350.602, inclusive.
21-18 [3. Any ordinance pertaining to the sale or issuance of bonds or
21-19 other securities, including, without limitations, securities issued under
21-20 section 6.020, may be adopted in the same manner as is provided for
21-21 cases of emergency. A declaration by the board of supervisors in any
21-22 ordinance that it is of this kind is conclusive in the absence of fraud or
21-23 gross abuse of discretion.]
21-24 Sec. 62. Section 8.010 of the charter of the City of Elko, being chapter
21-25 276, Statutes of Nevada 1971, at page 492, is hereby amended to read as
21-26 follows:
21-27 Sec. 8.010 Municipal taxes.
21-28 1. The [board of supervisors] city council shall annually, at the
21-29 time prescribed by law for levying taxes for state and county
21-30 purposes, levy a tax not exceeding 3 percent upon the assessed value
21-31 of all real and personal property within the city, except as provided in
21-32 the Local Government Securities Law and the Consolidated Local
21-33 Improvements Law, as amended from time to time. The taxes so
21-34 levied [shall] must be collected at the same time and in the same
21-35 manner and by the same officers, exercising the same functions, as
21-36 prescribed in the laws of the State of Nevada for collection of state
21-37 and county taxes. The revenue laws of the state [shall,] must, in every
21-38 respect not inconsistent with the provisions of this charter, be
21-39 applicable to the levying, assessing and collecting of the municipal
21-40 taxes.
21-41 2. In the matter of the equalization of assessments, the rights of
21-42 the city and the inhabitants thereof [shall] must be protected in the
21-43 same manner and to the same extent by the action of the county board
21-44 of equalization as are the state and county.
21-45 3. All forms and blanks used in levying, assessing and collecting
21-46 the revenues of the state and counties [shall,] must, with such
21-47 alterations or additions as may be necessary, be used in levying,
21-48 assessing and collecting the revenues of the city. The [board of
21-49 supervisors] city council shall enact all such ordinances as it may
22-1 deem necessary and not inconsistent with this charter and the laws of
22-2 the state for the prompt, convenient and economical collecting of the
22-3 revenue.
22-4 Sec. 63. Section 8.020 of the charter of the City of Elko, being chapter
22-5 276, Statutes of Nevada 1971, at page 492, is hereby amended to read as
22-6 follows:
22-7 Sec. 8.020 Revenue ordinances. The [board of supervisors shall
22-8 have full power to] city council may pass and enact all ordinances
22-9 necessary to carry into effect the revenue laws in the city and to
22-10 enlarge, fix and determine the powers and duties of all officers in
22-11 relation thereto.
22-12 Sec. 64. Section 1.040 of the charter of the City of Elko, being chapter
22-13 276, Statutes of Nevada 1971, as amended by chapter 609, Statutes of
22-14 Nevada 1973, at page 1075, section 2.065 of the charter of the City of
22-15 Elko, being chapter 276, Statutes of Nevada 1971, at page 478, and section
22-16 3.060 of the charter of the City of Elko, being chapter 276, Statutes of
22-17 Nevada 1971, at page 486, are hereby repealed.
22-18 Sec. 65. This act becomes effective upon passage and approval for the
22-19 purpose of authorizing any preliminary activities necessary to ensure that
22-20 the provisions of this act relating to the reorganization of the city
22-21 government of the City of Elko are carried out in an orderly fashion, and
22-22 on October 1, 2001, for all other purposes.
22-23 Sec. 66. 1. A person who, on October 1, 2001, is a member of the
22-24 board of supervisors of the City of Elko shall be deemed to be a member of
22-25 the city council of the City of Elko for the duration of his term of office,
22-26 unless he is otherwise removed from the city council in the manner
22-27 provided by law.
22-28 2. All ordinances, rules and other regulations adopted by the board of
22-29 supervisors of the City of Elko remain in force until amended by the city
22-30 council of the City of Elko and such ordinances, rules and regulations may
22-31 be enforced by the city council of the City of Elko.
22-32 3. All contracts and other agreements entered into by the board of
22-33 supervisors of the City of Elko are binding upon the city council of the City
22-34 of Elko, to which the responsibility for the administration of the provisions
22-35 of the contracts and other agreements is transferred. Such contracts and
22-36 agreements may be enforced by the city council of the City of Elko.
22-37 TEXT OF REPEALED SECTIONS
22-38 Sec. 1.040 Annexations.
22-39 1. There is hereby created the city annexation commission.
22-40 2. The number, qualifications, terms and selection of the members of
22-41 such commission shall be determined by the board of supervisors.
22-42 3. The commission shall have all the powers and duties of a city
22-43 annexation commission created pursuant to NRS 268.626 with respect to
22-44 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
23-6 the 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.
23-15 H