SB555_EN

Senate Bill No. 555–Committee on Government Affairs

CHAPTER..........

AN ACT relating to cities; changing the classification thereof; altering the powers and size of certain city councils; changing the method by which a mayor pro tem is appointed; changing certain references to city councils; modifying the rules regarding city council meetings; revising the terms and compensation of appointed city council members; 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. NRS 266.033is hereby amended to read as follows:

266.033 1. The board of county commissioners shall canvass the votes in the same manner as votes are canvassed in a general election. Upon the completion of the canvass, the board shall immediately notify the county clerk of the result.

2. The county clerk shall immediately, upon receiving notice of the canvass from the board of county commissioners, cause to be published a notice of the results of the election in a newspaper of general circulation in the county. If the incorporation is approved by the voters, the notice must include the [class] population category of the incorporated city , [according to population,] as described in NRS 266.055. The county clerk shall file a copy of the notice with the secretary of state.

Sec. 2. NRS 266.039 is hereby amended to read as follows:

266.039 1. The mayor of the city shall file three copies of the articles of incorporation of the city with the secretary of state.

2. The articles of incorporation must be signed and verified by the mayor and include the name of the city, a description of its location and [the designation of its class according to population,] its population category, as described in NRS 266.055.

3. The secretary of state shall certify the articles of incorporation upon receipt and send one copy to the county clerk of the county in which the city is located and one copy to the mayor of the city. The secretary of state shall retain a copy for his records and furnish a certified copy to any person who requests a copy upon payment of a reasonable fee as determined by the secretary of state.

Sec. 3. NRS 266.055 is hereby amended to read as follows:

266.055 Municipal corporations organized [under] pursuant to the

provisions of this chapter [shall be, and the same are,] must be divided into

three [classes:] population categories:

1. Those cities having [20,000] 50,000 or more inhabitants shall be

known as cities of [the first class.] population category one.

2. Those cities having [more than 5,000 and less than 20,000] 5,000 or

more, but fewer than 50,000 inhabitants shall be known as cities of [the

second class.] population category two.

3. All other cities shall be known as cities of [the third class.]

population category three.

Sec. 4. NRS 266.060 is hereby amended to read as follows:

266.060 1. Whenever any city of [the second class] population

category two attains the population of [20,000] 50,000 or more, or any city

of [the third class] population category three attains the population of

5,000 or more, and that fact is ascertained:

(a) By actual census taken and certified to the governor by the mayor;

(b) At the option of the city council, by the governor, pursuant to NRS

360.285, for 2 consecutive years,

the governor shall declare, by public proclamation, that city to be of [the

first or second class,] population category one or two, as the case may be,

and the city thus changed is governed by the provisions of this chapter[,]

applicable to cities of the higher [class.] population category.

2. An authenticated copy of the governor’s proclamation must be filed

in the office of the secretary of state.

Sec. 5. NRS 266.066 is hereby amended to read as follows:

266.066 1. All courts of this state shall take judicial notice in all civil

or criminal actions of:

(a) The change in [class] population category and organization of any

city.

(b) All ordinances, rules, resolutions or other regulations of the city

council.

2. In all such actions, it [shall not be] is not necessary to plead the

contents of any order, ordinance, rule, resolution or other regulation, but

may be proved prima facie by the introduction of the original entry or a

copy thereof certified by the clerk.

Sec. 6. NRS 266.070 is hereby amended to read as follows:

266.070 1. All rights and property of every kind [and description]

which were vested in any municipal corporation under its former

organization shall be deemed [and held] to be vested in the same municipal

corporation upon its becoming incorporated or changing [class under]

population category pursuant to the provisions of this chapter. No rights

or liabilities, either in favor of or against such corporation, existing at the

time of becoming incorporated or changing [class under] population

category pursuant to this chapter, and no action or prosecution shall be

affected by [such change;] the change, but the [same shall] rights and

liabilities, and any action or prosecution, must stand and progress as if no

change had been made.

2. Whenever a different remedy is given by this chapter, which may

properly be made applicable to any right existing at the time of such city

[so] becoming incorporated or changing [class under] population category

pursuant to this chapter, the [same] remedy shall be deemed cumulative to

the remedy before provided, and used accordingly.

Sec. 7. NRS 266.075 is hereby amended to read as follows:

266.075 1. All ordinances and resolutions in force in any city when

[it shall become] the city becomes organized or [change its class under]

changes its population category pursuant to the provisions of this chapter

[shall, providing they] must, if the ordinances and resolutions do not

conflict with the provisions of this chapter, [continue in full force and]

remain in effect until repealed or amended, notwithstanding such

organization or change of [class.] population category.

2. Such organization or [the making of such] change of [class]

population category shall not be construed to [effect any change in] alter

the legal identity of [such] the city.

Sec. 8. NRS 266.080 is hereby amended to read as follows:

266.080 1. When any city now existing under a special charter is

organized under the provisions of this chapter, or by proclamation of the

governor [becomes a city of the second class, or when any city of the

second class becomes a city of the first class,] changes population

category, the officers then in office continue to be officers of the city:

(a) If the change in [classification] category results in a change in the

number of municipal wards in the city, until the next city election; or

(b) In all other cases, until the expiration of their elected terms,

and until their successors are elected and qualified.

2. When new territory is organized as a city, by petition and election of

officers, the officers first elected serve until the next city election, and until

their successors are elected and qualified.

Sec. 9. NRS 266.085 is hereby amended to read as follows:

266.085 1. Cities incorporated [under] pursuant to this chapter

[shall:

(a) Be bodies politic and corporate.

(b) Be] :

(a) Are municipal corporations.

(b) Shall be known and designated by the name and style adopted.

2. Under such name, cities may:

(a) Sue and be sued.

(b) Contract and be contracted with.

(d) Have a common seal and change the same at pleasure.

(e) Have perpetual succession.

(f) Exercise all the powers conferred in this chapter.

Sec. 10. NRS 266.095 is hereby amended to read as follows:

266.095 1. [Each incorporated city of the first class must be divided

into eight municipal wards. If an incorporated city of the second or third

class is divided into municipal wards, the city must be divided into three or

five municipal wards as provided by ordinance.] In a city incorporated

pursuant to this chapter, the city may be divided into wards by ordinance

as follows:

(a) A city of population category one, into four or six wards.

(b) A city of population category two or three, into three or five wards.

2. The division of cities into wards must, during the incorporation

thereof, be made by the board of county commissioners. The wards must as

nearly as practicable be of equal population and in compact form.

3. Once established, the boundaries of wards must be changed by

ordinance of the city council whenever, as determined at the close of

registration before each general election, the number of registered voters in

any ward exceeds the number of registered voters in any other ward by

more than 5 percent.

Sec. 11. NRS 266.105 is hereby amended to read as follows:

266.105 1. The city council [shall have the power to] may make and

pass all ordinances, resolutions and orders, not repugnant to the

Constitutions of the United States or of the State of Nevada or to the

provisions of this chapter, necessary for the municipal government and the

management of the city affairs, for the execution of all powers vested in the

city, and for making effective the provisions of this chapter.

2. The city council [shall have power to enforce obedience to such

ordinances with such] may provide for fines or penalties [as the city

council may deem proper, but the punishment of any offense shall be as

provided by law for a misdemeanor.] to enforce such ordinances, not to

exceed those provided for by law for misdemeanors.

Sec. 12. NRS 266.185 is hereby amended to read as follows:

266.185 1. During the [temporary] absence or disability of the mayor

[, the city council in cities of the second or third class shall elect one of its

number to act as mayor pro tem. In cities of the first class the councilman

at large shall act as mayor pro tem.] :

(a) In a city of population category one that is divided into wards, the

councilman at large shall act as mayor pro tem.

(b) In all other cities incorporated pursuant to this chapter, the city

council shall, by ordinance or resolution, provide for the appointment of

one of its members as mayor pro tem.

2. During the [temporary] absence or disability of the mayor, the

mayor pro tem shall [possess] :

(a) Possess the powers and duties of mayor[.] ; and

(b) Except in a city of population category one, hold the office of

mayor pro tem at the pleasure of the city council.

Sec. 13. NRS 266.190 is hereby amended to read as follows:

266.190 1. The mayor [must] shall exercise a careful supervision

over the general affairs of the city.

2. [He] In exercising his duty of supervision pursuant to subsection

1, the mayor shall:

(a) From time to time, give the city council information in writing

relative to the state of the city, and recommend such measures as he may

deem beneficial to the city.

(b) See that all the general laws and ordinances of the city are observed

and enforced.

order, and the suppression of riots, tumults and all forms of public

disturbances, for which purpose he may, if his city is not participating in a

metropolitan police department, appoint extra policemen temporarily and

use and command the police force. If his city is participating in a

metropolitan police department, he may request law enforcement

assistance from the sheriff. In either case, if local law enforcement forces

are inadequate, he shall call upon the governor for military aid in the

manner provided by law.

(d) Sign all licenses and warrants and claims against the city.

(e) See that all contracts are fully kept and faithfully performed, and, to

that end and in any such case where necessary or proper to protect the

interests of the city, shall cause legal proceedings to be instituted or

defended at the expense of the city.

(f) Perform such other duties as the city council shall prescribe by

ordinance.

Sec. 14. NRS 266.200 is hereby amended to read as follows:

266.200 1. The mayor [shall:

(a) Preside] :

(a) Shall preside over the city council when in session, and shall

preserve order and decorum among the members and enforce the rules of

the city council and determine the order of business, subject to those rules

and appeal to the city council[.

(b) Not be] , or as provided by ordinance.

(b) Is not entitled to a vote except in case of a tie, when [he shall have]

the mayor has a casting vote, except as otherwise [expressly] provided in

this chapter.

2. The mayor may exercise the right of veto upon all matters passed by

the city council . [, and it shall require a seven-ninths vote of the whole

council in cities of the first class,] To pass any matter receiving the

mayor’s veto requires a five-sevenths vote of a city council composed of

seven members, a four-fifths vote of [the whole council in cities with] a

city council composed of five members, and [the] a unanimous vote of [the

whole council in cities with] a city council composed of three members . [,

to pass any matter receiving the mayor’s veto.]

3. No resolution or contract requiring the payment of money nor any

ordinance may go into force or have any effect until approved in writing by

the mayor, unless passed over the mayor’s veto. If the mayor does not

approve the resolution, contract or ordinance so submitted, he shall, within

5 days after the receipt thereof, return it to the city clerk with his reasons in

writing for not approving it. If the mayor does not so return it, the

resolution or contract thereupon goes into effect and the ordinance

becomes a law, in like manner and with the same effect as if it had been

approved by the mayor.

Sec. 15. NRS 266.220 is hereby amended to read as follows:

266.220 1. [Except as otherwise provided in subsection 3,

councilmen must be chosen by the qualified electors of their respective

wards.

2. In cities of the first class, the city council must be composed of nine

councilmen, one from each ward and one elected by the electors of the city

at large.

3. If pursuant to an ordinance, a city of the second or third class] If a

city of population category one is:

(a) Divided into wards, the city council must be composed of five or

seven councilmen with one councilman from each ward who is elected

only by the electors who reside in that ward and one councilman who is

elected by the city at large.

(b) Not divided into wards, five or seven councilmen must be elected

by the voters of the city at large.

2. If a city of population category two or three is:

(a) Divided into wards, the city council must be composed of three or

five councilmen with one councilman from each ward who is elected only

by the electors who reside in that ward.

(b) Not divided into wards, the three or five councilmen [of the city]

must be elected by the voters of the city at large.

Sec. 16. NRS 266.235 is hereby amended to read as follows:

266.235 A majority of all members of the city council [shall constitute]

constitutes a quorum to do business, but [a less number] fewer members

may meet and adjourn from time to time and may compel the attendance of

absentees under such penalties as may be prescribed by ordinance.

Sec. 17. NRS 266.240 is hereby amended to read as follows:

266.240 The city council shall determine its own rules of procedure,

may punish its members for disorderly conduct, and, with the concurrence

of two-thirds of the members of the city council, may expel a member for

cause.

Sec. 18. NRS 266.245 is hereby amended to read as follows:

266.245 1. The city council shall prescribe by ordinance the time and

place of holding its meetings, but at least one meeting [shall] must be held

each month.

2. [Special meetings may also be held on a call of the mayor or a

majority of the council, by giving 6 hours’ written notice of such special

meetings to each member of the council, served personally or left at his

usual place of abode.

3. No ordinance shall be passed nor any claim allowed at a special

meeting, and no business shall be transacted at any special meeting except

such as shall be stated in the call therefor.

4. No vote of the city council shall be reconsidered at a special

meeting unless there be present at such special meeting as large a number

of councilmen as were present when the vote was taken.] All meetings of a

city council must be conducted in accordance with the provisions of

chapter 241 of NRS.

Sec. 19. NRS 266.250 is hereby amended to read as follows:

266.250 1. The [council’s] deliberations, sessions and proceedings of

the city council must be public.

2. The city council shall keep [a journal] written minutes of its own

proceedings[.] as required pursuant to NRS 241.035. The yeas and nays

[shall] must be taken upon the passage of all ordinances, and all

propositions to create any liability against the city, or to grant, deny,

increase, decrease, abolish, or revoke licenses, and in all other cases at the

request of any member of the city council or of the mayor, which yeas and

nays [shall] must be entered [upon the journal] in the minutes of its

proceedings.

3. The concurrence of a majority of the members elected to the city

council [shall be] is necessary to pass any such ordinance or proposition.

Sec. 20. NRS 266.255 is hereby amended to read as follows:

266.255 [On] At the request of any two members of the city council in

cities with councils composed of five or [nine] seven members, or [by] at

the request of one member in cities with councils composed of three

members, final action on any report of a committee of the city council must

be deferred to the next regular meeting of the city council after the report is

made.

Sec. 21. NRS 266.265 is hereby amended to read as follows:

266.265 1. The city council may:

(a) Control the property of the [corporation.] city.

(b) Erect and maintain all [needful] buildings , structures and other

improvements for the use of the city.

real and personal, for the benefit of the city, both within and without the

city boundaries , [;] improve and protect such property, and do all other

things in relation thereto which natural persons might do.

2. [The] Except as otherwise provided by law, the city council may

not[, except as specifically provided by another law,] mortgage,

hypothecate or pledge any property of the city for any purpose.

Sec. 22. NRS 266.390 is hereby amended to read as follows:

266.390 The city council may:

1. Create any office that may be deemed necessary for [the good

government of] the city.

2. Provide for filling all vacancies in elective and appointive offices.

3. Regulate and prescribe the powers, duties and compensation of all

officers of the city, except as otherwise provided by law.

4. Require all officers or employees of the city responsible for the

handling of city [funds] money to give bond and security , to be paid by the

city from its money, for the faithful performance of their duties.

5. Require from every officer of the city at any time a report in detail

of all transactions in his office, or any matters connected therewith.

Sec. 23. NRS 266.395 is hereby amended to read as follows:

266.395 The mayor, [by and] with the advice and consent of the city

council, [may] shall appoint all such officers as may be provided for by

law or ordinance.

Sec. 24. NRS 266.405 is hereby amended to read as follows:

266.405 1. In addition to the mayor and city council, there must be in

each city of [the first or second class] population category one or two a

city clerk, a city treasurer, or if those offices are combined pursuant to

subsection 4, a city clerk and treasurer, a municipal judge and a city

attorney. The offices of city clerk, city treasurer, municipal judge and city

attorney may be either elective or appointive offices, as provided by city

ordinance. All [elective] elected officers shall hold their respective offices

for 4 years and until their successors are elected and qualified, except that

cities of [the third class] population category three may by ordinance

provide that the mayor and city councilmen must be elected and hold office

for 2 years.

2. In each city of [the first or second class] population category one or

two, in which the officers are appointed pursuant to ordinance, the mayor,

[by and] with the advice and consent of the city council, shall appoint all of

the officers. [The officers shall hold their respective offices at the pleasure

of the mayor and city council.]

3. In cities of [the third class,] population category three, the mayor,

[by and] with the advice and consent of the city council, may appoint any

[or all such] officers as may be deemed expedient . [, and those appointive

officers shall hold their respective offices during the pleasure of the mayor

and city council.]

4. The [governing body of a city] city council may provide by

ordinance for the office of city clerk and the office of city treasurer to be

combined into the office of city clerk and treasurer.

Sec. 25. NRS 266.410 is hereby amended to read as follows:

266.410 Except as otherwise provided in subsection 4 of NRS 266.405

for the clerk and treasurer, in cities of [the first and second class,]

population categories one and two, a mayor, councilman, clerk, auditor,

attorney or treasurer shall not hold any other office under the city

government during his term of office.

Sec. 26. NRS 266.415 is hereby amended to read as follows:

266.415 Except as otherwise provided by specific law [, the term of

office of all appointive officers continues until the city election next

following their appointment and until their successors are appointed and

qualified, unless sooner removed by the mayor, with the concurrence of a

majority of the members of the city council, except that any such person so

appointed may be removed by the votes of all the members of the city

council, if the council so provides by resolution.] or ordinance, all

appointed officers serve at the pleasure of the mayor and city council and

may be removed by a majority vote of the city council. The mayor may

exercise the right of veto as provided in NRS 266.200.

Sec. 27. NRS 266.450 is hereby amended to read as follows:

266.450 All elected officers of any city [shall] are entitled to receive

such compensation as may be fixed by ordinance, but the compensation of

any [such officers shall] elected officers must not be increased or

diminished to take effect during the [time] term for which the officer was

elected . [or appointed.] All appointed officers are entitled to receive such

compensation as may be fixed by ordinance.

Sec. 28. NRS 266.470 is hereby amended to read as follows:

266.470 The city attorney shall be the legal adviser of the city council

and all officers of the city in all matters respecting the affairs of the city

and shall perform such duties as may be required of him by the city council

or prescribed by ordinance.

Sec. 29. NRS 266.475 is hereby amended to read as follows:

266.475 The city council may, in the exercise of its sound discretion,

employ counsel to aid the city attorney whenever in its judgment the public

interests [shall] require such employment, and the expense thereof [shall]

must be allowed and paid in the same manner as other claims against the

city.

Sec. 30. NRS 266.530 is hereby amended to read as follows:

266.530 1. [There shall be a chief of police in each] Each city which

is not participating in a metropolitan police department[. He shall be

appointed by the mayor,] must have a chief of police. The mayor shall

appoint the chief of police, subject to confirmation by the city council.

2. The chief of police shall perform such duties as may be designated

by ordinance.

Sec. 31. NRS 266.585 is hereby amended to read as follows:

266.585 The municipal judge shall render monthly, or [oftener] as

often as the city council may require, an exact and detailed statement in

writing, under oath, of the business done and of all fines collected, as well

as fines imposed but uncollected, since his last report, and shall at the same

time render and pay into the city treasury all fines collected and money

received on behalf of the city since his last report.

Sec. 32. NRS 266.605 is hereby amended to read as follows:

266.605 1. The 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 estate and personal

property within the city made taxable by law , [;] and the tax 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 and

provided in the revenue laws of [the] this state for collection of state and

county taxes. The revenue laws of [the] this state shall, in every respect not

inconsistent with the provisions of this chapter, be deemed applicable [and

so held] to the levying, assessing and collecting of the city taxes. In the

matter of the equalization of assessments, the rights of the city and the

rights of the inhabitants [thereof shall] of the city 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.

2. Whenever or wherever practicable and expedient, all forms and

blanks used in levying, assessing and collecting the state and county

revenues [shall,] must, with such alterations or additions as may be

necessary, be used in levying, assessing and collecting the revenue of the

city.

3. The city council shall enact all such ordinances as it may deem

necessary and not inconsistent with this chapter and the laws of [the] this

state, for the prompt, convenient and economical collecting of the city

revenue.

Sec. 33. NRS 266.615 is hereby amended to read as follows:

266.615 The city council [shall have] has full power to pass and enact

all ordinances necessary or required 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. 34. NRS 47.140 is hereby amended to read as follows:

47.140 The laws subject to judicial notice are:

1. The Constitution and statutes of the United States, and the contents

of the Federal Register.

2. The constitution of this state and Nevada Revised Statutes.

3. Any other statute of this state if brought to the attention of the court

by its title and the day of its passage.

4. A county, city or town code which has been filed as required by

NRS 244.118, 268.014, 269.168 or the city charter and any city ordinance

which has been filed or recorded as required by the applicable law.

5. The Nevada Administrative Code.

6. A regulation not included in the Nevada Administrative Code if

adopted in accordance with law and brought to the attention of the court.

7. The [class] population category and organization of a city

incorporated [under] pursuant to general law.

8. The constitution, statutes or other written law of any other state or

territory of the United States, or of any foreign jurisdiction, as contained in

a book or pamphlet published by its authority or proved to be commonly

recognized in its courts.

Sec. 35. NRS 293.038 is hereby amended to read as follows:

293.038 “City of [the first class”] population category one” means a

city:

1. Organized pursuant to the provisions of chapter 266 of NRS; or

2. Incorporated pursuant to a special charter,

whose population is [20,000] 50,000 or more.

Sec. 36. NRS 293.0382 is hereby amended to read as follows:

293.0382 “Cityof [the second class”] population category two” means

a city:

1. Organized pursuant to the provisions of chapter 266 of NRS; or

2. Incorporated pursuant to a special charter,

whose population is more than 5,000 and less than [20,000.] 50,000.

Sec. 37. NRS 293.0384 is hereby amended to read as follows:

293.0384 “City of [the third class”] population category three” means

a city:

1. Organized pursuant to the provisions of chapter 266 of NRS; or

2. Incorporated pursuant to a special charter,

whose population is 5,000 or less.

Sec. 38. NRS 293.208 is hereby amended to read as follows:

293.208 1. Except as otherwise provided in subsections 2, 3 and 5

and in NRS 293.206, no election precinct may be created, divided,

abolished or consolidated, or the boundaries thereof changed, during the

period between the third Wednesday in May of any year whose last digit is

6 and the time when the legislature has been redistricted in a year whose

last digit is 1, unless the creation, division, abolishment or consolidation of

the precinct, or the change in boundaries thereof, is:

(a) Ordered by a court of competent jurisdiction;

(b) Required to meet objections to a precinct by the Attorney General of

the United States pursuant to the Voting Rights Act of 1965 , [(]42 U.S.C.

§§ 1971 and 1973 et seq. , [)] and any amendments thereto;

(d) Required by the incorporation of a new city; or

(e) Required by the creation of or change in the boundaries of a special

district.

As used in this subsection, “special district” means any general

improvement district or any other quasi-municipal corporation organized

under the local improvement and service district laws of this state as

enumerated in Title 25 of NRS which is required by law to hold elections

or any fire protection district which is required by law to hold elections.

2. If a city annexes an unincorporated area located in the same county

as the city and adjacent to the corporate boundary, the annexed area may be

included in an election precinct immediately adjacent to it.

3. A new election precinct may be established at any time if it lies

entirely within the boundaries of any existing precinct.

4. If a change in the boundaries of an election precinct is made

pursuant to this section during the time specified in subsection 1, the

county clerk must:

(a) Within 15 days after the change to the boundary of a precinct is

established by the county clerk or ordered by a court, send to the director

of the legislative counsel bureau and the secretary of state a copy of a map

showing the new boundaries of the precinct together with a word

description of the new boundaries; and

(b) Maintain in his office[,] an index providing the name of the precinct

and describing all changes which were made, including any change in the

name of the precinct and the name of any new precinct created within the

boundaries of an existing precinct.

5. Cities of [the second and third class] population categories two and

three are exempt from the provisions of subsection 1.

Sec. 39. NRS 293C.140 is hereby amended to read as follows:

293C.140 1. A general city election must be held in each city of [the

first and second classes] population categories one and two on the first

Tuesday after the first Monday in June of the first odd-numbered year after

incorporation, and on the same day every 2 years thereafter as determined

by law, ordinance or resolution, at which time there must be elected the

elective city officers, the offices of which are required next to be filled by

election. All candidates, except as otherwise provided in NRS 266.220, at

the general city election must be voted upon by the electors of the city at

large.

2. The terms of office of city councilmen are 4 years, which terms

must be staggered. The councilmen elected to office immediately after

incorporation shall decide, by lot, among themselves which of their offices

expire at the next general city election, and thereafter the terms of office

must be 4 years.

Sec. 40. NRS 293C.145 is hereby amended to read as follows:

293C.145 1. A general city election must be held in each city of [the

third class] population category three on the first Tuesday after the first

Monday in June of the first odd-numbered year after incorporation, and on

the same day every 2 years thereafter, as determined by ordinance.

2. There must be one mayor and three or five councilmen, as the city

council shall provide, by ordinance, for each city of [the third class.]

population category three. The terms of office of the mayor and the

councilmen are 4 years, which terms must be staggered. The mayor and

councilmen elected to office immediately after incorporation shall decide,

by lot, among themselves which two of their offices expire at the next

general city election, and thereafter the terms of office must be 4 years. If a

city council thereafter increases the number of councilmen, it shall, by lot,

stagger the initial terms of the additional members.

3. A candidate for any office to be voted for at the general city election

must file a declaration of candidacy with the city clerk not less than 60

days nor more than 70 days before the day of the general city election. The

city clerk shall charge and collect from the candidate and the candidate

must pay to the city clerk, at the time of filing the declaration of candidacy,

a filing fee in an amount fixed by the city council by ordinance or

resolution.

4. Candidates for mayor must be voted upon by the electors of the city

at large. Candidates for councilmen must be voted upon by the electors of

their respective wards to represent the wards in which they reside or by the

electors of the city at large in accordance with the provisions of chapter

266 of NRS.

Sec. 41. NRS 293C.175 is hereby amended to read as follows:

293C.175 1. A primary city election must be held in each city of [the

first class,] population category one, and in each city of [the second class]

population category two that has so provided by ordinance, on the first

Tuesday after the first Monday in April of every year in which a general

city election is to be held, at which time there must be nominated

candidates for offices to be voted for at the next general city election.

2. A candidate for any office to be voted for at the primary city

election must file a declaration of candidacy with the city clerk not less

than 60 days nor more than 70 days before the date of the primary city

election. The city clerk shall charge and collect from the candidate and the

candidate must pay to the city clerk, at the time of filing the declaration of

candidacy, a filing fee in an amount fixed by the governing body of the city

by ordinance or resolution. The filing fees collected by the city clerk must

be deposited to the credit of the general fund of the city.

3. All candidates, except as otherwise provided in NRS 266.220, must

be voted upon by the electors of the city at large.

4. If, in a primary city election held in a city of [the first or second

class,] population category one or two, one candidate receives more than a

majority of votes cast in that election for the office for which he is a

candidate, his name alone must be placed on the ballot for the general city

election. If, in the primary city election, no candidate receives a majority of

votes cast in that election for the office for which he is a candidate, the

names of the two candidates receiving the highest number of votes must be

placed on the ballot for the general city election.

Sec. 42. NRS 439.420 is hereby amended to read as follows:

439.420 1. Every city of [the first and second class shall, and every

city of the third class may,] population categories one and two shall

provide by ordinance for the establishment of a board of health.

2. A city of population category three may provide by ordinance for

the establishment of a board of health . [therefor.]

Sec. 43. NRS 439.480 is hereby amended to read as follows:

439.480 The county health officer [shall have] has supervision over all

matters pertaining to the preservation of the lives and health of the people

of his county, except incorporated cities of [the first and second class]

population categories one and two having a health officer appointed [in

accordance with] pursuant to the provisions of this chapter, which [shall

be] are under the jurisdiction of the city health officer, subject to the

supervision and control of the health division.

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