(Reprinted with amendments adopted on April 15, 2003)

 

Assembly Bill No. 56–Assemblymen Anderson, Parks, Brown, Buckley, Claborn, Collins, Conklin, Geddes, Giunchigliani, Hettrick, Horne, Koivisto, Leslie, McClain, Oceguera, Sherer and Williams

 

February 10, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Amends provisions of Charter of City of Sparks governing boundaries of wards and voting powers of Mayor. (BDR S‑211)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the City of Sparks; providing that the boundaries of wards must be determined on the basis of population; eliminating the authority of the Mayor to vote on any matter; 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 1.040 of the Charter of the City of Sparks,

1-2  being chapter 470, Statutes of Nevada 1975, as amended by chapter

1-3  41, Statutes of Nevada 2001, at page 394, is hereby amended to read

1-4  as follows:

1-5  Sec. 1.040  Wards: Creation; boundaries.

1-6  1.  The city [shall] must be divided into five wards , each

1-7  of which [shall] must be as nearly equal in [registered voters]

1-8  population as can be conveniently provided, and the territory

1-9  comprising each ward [shall] must be contiguous. [In

1-10  December of the year preceding a general election the

1-11  Washoe County registrar of voters shall establish new

1-12  boundaries for each ward if the number of electors registered

1-13  at the time of the last preceding general election in any ward

2-1  exceeds the number of electors registered in any other ward

2-2  by more than 5 percent.]

2-3  2.  The boundaries of the wards must be established and

2-4  changed by ordinance. The boundaries of the wards:

2-5  (a) Must be changed whenever the population in any

2-6  ward, as determined by the last preceding national census of

2-7  the Bureau of the Census of the United States Department

2-8  of Commerce, exceeds the population in any other ward by

2-9  more than 5 percent.

2-10      (b) May be changed to include territory that has been

2-11  annexed, or whenever the population in any ward exceeds

2-12  the population in another ward by more than 5 percent as

2-13  determined by any measure that is found to be reliable by

2-14  the City Council.

2-15      Sec. 2.  Section 3.010 of the Charter of the City of Sparks,

2-16  being chapter 470, Statutes of Nevada 1975, as last amended by

2-17  chapter 41, Statutes of Nevada 2001, at page 396, is hereby

2-18  amended to read as follows:

2-19     Sec. 3.010  Mayor: Duties; Mayor pro tempore.

2-20      1.  The Mayor shall:

2-21      (a) Preside over the meetings of the City Council [, and he

2-22  may vote only in case of a tie. The Mayor may not vote on

2-23  any proposed ordinance.] , but is not entitled to vote on any

2-24  procedural, substantive or other matter.

2-25      (b) Act as the head of the government of the City for all

2-26  purposes.

2-27      (c) Perform such emergency duties as may be necessary

2-28  for the general health, welfare and safety of the City.

2-29      (d) Perform such other duties as may be prescribed by

2-30  ordinance or by the provisions of Nevada Revised Statutes

2-31  which apply to a mayor.

2-32      2.  The Mayor may veto all matters passed by the City

2-33  Council if he gives notice in writing to the City Clerk within

2-34  10 days of the action taken by the City Council. A veto may

2-35  be overturned only by a vote of at least four-fifths of the City

2-36  Council. An action requiring the expenditure of money is not

2-37  effective without the approval of the Mayor, unless he does

2-38  not disapprove the action within 10 days after it is taken by

2-39  the City Council, or the City Council by a four-fifths majority

2-40  approves such expenditure at a regular meeting.

2-41      3.  The City Council shall elect one of its members to be

2-42  Mayor pro tempore. He shall:

2-43      (a) Hold the office and title until the next election without

2-44  additional compensation, except as otherwise provided in

2-45  paragraph (c).

3-1  (b) Perform the duties of Mayor during the temporary

3-2  absence or disability of the Mayor without loss of his rights

3-3  and powers as a member of the Council.

3-4  (c) Act as Mayor until the next election if the office of

3-5  Mayor becomes vacant and draw the salary of Mayor. His

3-6  salary and position as a member of the Council cease.

 

3-7  H