[Rev. 11/20/2013 4:36:31 PM--2013]

CITY CHARTERS

PREFACE

_________

 

      The legislative history of each section of a charter has been inserted in parentheses immediately following the section. With the exception of the Boulder City Charter each legislative history contains first a reference to the chapter, year and page number of the Statutes of Nevada or territorial laws from which the section is derived and then references to subsequent amendments. For example, the interpolation “(Ch. 139, Stats. 1929 p. 178; A—Ch. 89, Stats. 1931 p. 146; Ch. 353, Stats. 1963 p. 761)” following the text of a section of a charter means that the section was enacted by chapter 139 of Statutes of Nevada 1929, at page 178, and was amended by chapter 89 of Statutes of Nevada 1931, at page 146, and by chapter 353 of Statutes of Nevada 1963, at page 761. The interpolation “(Added—Ch. 690, Stats. 1979 p. 1856)” means that the section was added to a previously existing charter. A table of repealed sections precedes the index to these charters.

 

 

                                                                                                Brenda J. Erdoes

                                                                                                Legislative Counsel

 

                                                                                                August 20, 2013

 

BOULDER CITY CHARTER

THE PEOPLE OF BOULDER CITY, NEVADA, DO HEREBY ENACT AS FOLLOWS:

ARTICLE I - Incorporation; Form of Government; Powers

Section           1.   Incorporation.

                       2.   Form of government.

                       3.   Powers of the City.

 

      Section 1.  Incorporation.

      1.  For the uses and purposes hereinafter mentioned, the inhabitants of that portion of Clark County, Nevada, embraced within the limits set forth in subsections 2 and 3, aggregating 129,087.47 acres or 201 square miles, more or less, together with the inhabitants of any and all areas hereafter lawfully annexed thereto, shall remain, be and constitute a body politic and corporate by the name and style of “Boulder City”, and by that name and style they and their successors shall be known in law, have perpetual succession, and sue and be sued in all courts. (Add. 18; Amd. 1; 6-3-1997)

      2.  Boulder City shall include all of the inhabitants, lands, tenements and property included within the tract of land described and platted as shown on a certain “Map X-300-461” prepared as Exhibit A to a Quitclaim Deed from THE UNITED STATES OF AMERICA to BOULDER CITY dated January 4, 1960, a certified true copy of which Map was recorded on March 4, 1970, as Number 11413 on page 25 of Local Government Plats Official Records Book Number 15 in Clark County, Nevada, Records, and a copy of which Map is on file in the City Hall of Boulder City, said Map being hereby made a part of this Charter by specific reference thereto, said tract of land shown on said Map being more particularly described as follows:

      Government Lots 9, 10, 11, and 12 in the North half of the North half of Section 1; the South half of the North half of Section 1; the South half of Section 1; Government Lots 8 and 9 in the Northeast quarter of Section 2; Government Lots 10 and 16, and that portion of Government Lot 21 lying South of the right-of-way of United States Highway 93-466 and East of the right-of-way of United States Highway 95 (as both of such rights-of-way are hereinafter specifically defined) in the East half of Section 2; that part of Government Lot 1 lying East of the right-of-way of United States Highway 95 and South of the right-of-way of United States Highway 93-466 in the East half of Section 11; those parts of Government Lots 4, 5, and 8 lying East of the right-of-way of United States Highway 95 in the East half of Section 11; the East half of the East half of Section 11; Section 12; Section 13; those parts of Government Lots 1, 4, 5, and 8 lying East of the right-of-way of United States Highway 95 in the East half of Section 14; the East half of the East half of Section 14; Government Lots 1, 4, and 5 in the Northeast quarter of Section 23; the Northeast quarter of the Northeast quarter of Section 23; Government Lots 1, 2, 3, and 4 in the South half of the North half of Section 24; and the North half of the North half of Section 24; in Township 23 South, Range 63 East, of the Mount Diablo Base and Meridian; and

      Government Lots 8, 9, and 10 in the South half of the South half of Fractional Section 1; Fractional Section 12; Fractional Section 13; and Fractional Section 24; in Township 23 South, Range 63 1/2 East, of the Mount Diablo Base and Meridian; and

      The South half of the South half of Section 28; the South half of the South half of Section 29; Government Lot 12 in the Southwest quarter of the Southwest quarter of Section 30; the East half of the West half of the South half of the South half of Section 30; the East half of the South half of the South half of Section 30; Government Lots 5, 8, 9, and 12 in the West half of the West half of Section 31; the East half of the West half of Section 31; the East half of Section 31; Section 32; Section 33; the South half of Section 34; and the South half of Section 35; in Township 22 South, Range 64 East, of the Mount Diablo Base and Meridian; and

      Section 2; Section 3; Section 4; Section 5; Government Lots 11, 14, 15, and 17 in the West half of the West half of Section 6; the East half of the West half of Section 6; the East half of Section 6; Section 7; Section 8; Section 9; Section 10; Section 11; Section 14; Section 15; Section 16; Section 17; Section 18; Section 19; Section 20; Section 21; Section 22; Section 23; Section 24; Section 25; and Section 26; in Township 23 South, Range 64 East, of the Mount Diablo Base and Meridian, all in the County of Clark, State of Nevada, containing 21,674.23 acres, more or less.

      That portion of the East boundary of the original right-of-way of United States Highway 95, together with that portion of the South boundary of the original right-of-way of United States Highway 93-466 lying within the West half of the East half of Sections 2, 11, and 14, in Township 23 South, Range 63 East, of the Mount Diablo Base and Meridian, which is part of the West boundary of Boulder City, and to which reference was made in the foregoing description, is more specifically described as follows:

      Beginning at the originally-platted point of intersection of the East side of the right-of-way of United States Highway 95 with the original West boundary of the Boulder Canyon Project Reservation, this beginning point being located 2,315 feet North of Corner Number 2, the Southwest corner of said reservation;

      Thence with the East side of the original right-of-way of United States Highway 95, as defined by the Nevada State Highway Map for Project Number 006-1(1) (and by said Map X-300-461), North 9 degrees 40 minutes East, 2,156 feet to a point on a curve bearing toward the West;

      Thence with the said curve, with a central angle of 13 degrees 06 minutes and a radius of 5,200 feet, for a curve distance of 1,188.92 feet to a point of tangency;

      Thence North 3 degrees 26 minutes West for a tangent distance of 4,979.48 feet to a point of a curve bearing toward the East;

      Thence with such second curve with a central angle of 19 degrees and a radius of 1,800 feet, for a curve distance of 596.98 feet to a point of tangency;

      Thence North 15 degrees 34 minutes East for a tangent distance of 563.22 feet to a point of a curve bearing toward the West;

      Thence with such third curve, with a central angle of 21 degrees 22 minutes 20 seconds and a radius of 2,200 feet, for a curve distance of 820.63 feet to a highway monument marking the original intersection of the East side of the right-of-way of United States Highway 95 with the South side of the right-of-way of United States Highway 93-466 leading to Boulder City;

      Thence with the South side of the original right-of-way of United States Highway 93-466 as it curves in a Southeasterly direction with a central angle of 4 degrees 11 minutes 10 seconds and a radius of 3,700 feet with a chord bearing of South 54 degrees 08 minutes 40 seconds East, for a curve distance of 270.32 feet to a point on the North-South one-sixteenth section line dividing the East half of Section 2, Township 23 South, Range 63 East, of the Mount Diablo Base and Meridian, said point being South 0 degrees 5 minutes West 66.73 feet from the one-sixteenth section corner marking the Southeast corner of Government Lot 21 in Section 2, Township 23 South, Range 63 East, of the Mount Diablo Base and Meridian, as first described hereinabove. (Add. 15; Amd. 2; 6-4-1991)

      3.  Boulder City shall also include all of the inhabitants, lands, tenements and property included within tracts of land conveyed to Boulder City by the Colorado River Commission of the State of Nevada on July 9, 1995, by Deed recorded July 10, 1995, as Instrument Number 00559, Book Number 950710, in the Official Records Book, Office of the County Recorder, Clark County, Nevada. (Add. 18; Amd. 1; 6-3-1997)

      4.  Boulder City shall also include all of the inhabitants, lands, tenements and property included within tracts of land annexed to Boulder City on November 2, 2010, recorded July 10, 2008, as Instrument Number 200807100002030, Book Number 174, Page 41, in the Official Records Book, Office of the County Recorder, Clark County, Nevada. (Add. 26; Amd. 3; 11-2-2010)

 

      Section 2.  Form of government.

      1.  The municipal government provided by this Charter shall be known as the “council-manager government”. Pursuant to its provisions and subject only to the limitations imposed by the State Constitution and by this Charter, all powers of the City shall be vested in an elective council, hereinafter referred to as “the Council”, which shall:

      (a) Enact local legislation

      (b) Adopt budgets

      (c) Determine policies; and

      (d) Appoint the City Manager, who shall execute the laws and administer the government of the City.

      2.  All powers of the City shall be exercised in the manner prescribed by this Charter, or if the manner is not prescribed, then in such manner as may be prescribed by ordinance. (1959 Charter)

 

      Section 3.  Powers of the City.

      1.  The City shall have all the powers granted to municipal corporations and to cities by the Constitution and laws of this State, together with all the implied powers necessary to carry into execution all the powers granted. (Add. 4; Amd. 1; 5-6-1969)

      2.  The City may acquire property within or without its corporate limits for any City purpose, in fee simple or any lesser interest, or estate, by purchase, exchange, gifts, devise, lease, or condemnation, and may sell, exchange, lease, mortgage, hold, manage, and control such property as its interests may require or that will result in the maximum benefit accruing to the City from such action. (Add. 4; Amd. 2; 5-6-1969)

      3.  Except as prohibited by the Constitution of this State or restricted by this Charter, the City shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever.

      4.  The enumeration of particular powers by this Charter shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the City shall have and may exercise all powers which, under the Constitution of this State, it would be competent for this Charter specifically to enumerate. (1959 Charter)

 

ARTICLE II - The Council

Section              3.5.     Gender.

                             4.     Number; selection and term; eligibility for office; recall.

                             5.     Qualifications.

                             6.     Salaries.

                             7.     Mayor; Mayor pro tem; duties.

                             8.     Powers.

                             9.     Appointment of City Manager.

                           10.     Removal of City Manager. [Repealed.]

                           11.     Council not to interfere in appointments or removals.

                           12.     Vacancies in Council.

                           13.     Creation of new departments or offices; change of duties.

                           14.     City Clerk.

                           15.     City Attorney.

                           16.     Induction of Council into office; meetings of Council.

                           17.     Council to be judge of qualifications of its members.

                           18.     Rules of procedure; journal.

                           19.     Council’s power to make and pass ordinances, resolutions.

                           20.     Voting on ordinances and resolutions.

                           21.     Enactment of ordinances; subject matter, titles.

                           22.     Introduction of ordinances; notice; final action; publication.

                           23.     Adoption of specialized, uniform codes.

                           24.     Codification of ordinances; publication of Code.

                           25.     Independent annual audit.

 

      Section 3.5.  Gender.

      Throughout this document all references to the masculine also include the feminine, where the context so requires, and references to the singular also include the plural and vice versa, where the context so requires. (Add. 25; Amd. 1; 6-2-2009)

 

      Section 4.  Number; selection and term; eligibility for office; recall.

      1.  Except as otherwise provided in section 96, the City Council shall have four Council Members and a Mayor elected from the City at large in the manner provided in Article IX, for terms of four years and until their successors have been elected and have taken office as provided in section 16. No Council Member shall represent any particular constituency or district of the City, and each Council Member shall represent the entire City. (Amd. 2; 6-4-1991; Add. 17; Amd. 1; 11-5-1996)

      2.  (Repealed by Amd. 1; 6-4-1991)

      3.  No person may be elected to the office of Mayor who has served in that office for 12 years or more, unless the permissible number of terms or duration of service is otherwise specified in the Nevada Constitution. (Add. 26; Amd. 4; 11-2-2010)

      4.  No person may be elected to the office of Council Member who has served in that office for 12 years or more, unless the permissible number of terms or duration of service is otherwise specified in the Nevada Constitution. (Add. 26; Amd. 4; 11-2-2010)

      5.  The Council Members and the Mayor are subject to recall as provided in section 111.5.

      (A—Ch. 218, Stats. 2011 p. 952)

      Section 5.  Qualifications.

      1.  No person shall be eligible for the office of Council Member or Mayor unless he or she is a qualified elector of Boulder City and has been a resident of the City for at least 2 years immediately prior to the election in which he or she is a candidate. He or she shall hold no other elective public office, but he or she may hold a commission as a notary public or be a member of the Armed Forces reserve. No employee of the City or officer thereof, excluding City Council Members, receiving compensation under the provisions of this Charter or any City ordinance, shall be a candidate for or eligible for the office of Council Member or Mayor without first resigning from City employment or City office. (Add. 8; Amd. 1; 6-7-1977; Add. 17; Amd. 1; 11-5-1996)

      2.  If a Council Member or the Mayor ceases to possess any of the qualifications enumerated in subsection 1 or is convicted of a felony, or ceases to be a resident of the City, his or her office shall immediately become vacant. (1959 Charter) (Add. 17; Amd. 1; 11-5-1996)

      (A—Ch. 98, Stats. 1977 p. 202)

      Section 6.  Salaries.

      1.  The Council may determine the annual salaries of the Mayor and Council Members by ordinance, but no ordinance increasing such salaries shall become effective during the term for which the Mayor or Council Member was elected or appointed.

      2.  The Mayor and Council Members shall be reimbursed for their personal expenses when conducting or traveling on City business. Reimbursement for use of their personal automobiles shall be at the rate per mile established by the IRS rules.

      3.  The Mayor and Council Members shall receive no additional compensation or benefit other than that mandated by State or Federal law.

      (Add. 4; Amd. 3; 5-6-1969; Add. 17; Amd. 1; 11-5-1996; Amd. 2; 6-5-2001; Add. 23; Amd. 1; 9-3-2002)

      Section 7.  Mayor; Mayor pro tem; duties.

      1.  The Mayor shall:

      (a) Serve as a member of the City Council and preside over its meetings;

      (b) Have no administrative duties; and

      (c) Be recognized as the head of the City government for all ceremonial purposes and for purposes of dealing with emergencies if martial law has been imposed on the City by the State or Federal Government. (Add. 17; Amd. 1; 11-5-1996)

      2.  The City Council shall elect one of its members to be Mayor pro tem, who shall:

      (a) Hold such office and title, without additional compensation, for the period of one year;

      (b) Perform the duties of the Mayor during the absence or disability of the Mayor; and

      (c) Assume the position of Mayor, if that office becomes vacant, until the next regular election. (Add. 17; Amd. 1; 11-5-1996)

      3.  (Amd. 2; 6-4-91; Repealed by Add. 17; Amd. 1; 11-5-1996)

      4.  (Repealed by Add. 17; Amd. 1; 11-5-1996)

      Section 8.  Powers.

      All powers of the City and the determination of all matters of policy shall be vested in the City Council. By way of illustration, and not by way of limitation, the Council shall have the power to:

      1.  By a concurring vote of not less than three of its members, appoint to and/or remove from office the following city officers: (a) the City Manager; (b) the City Attorney; (c) the City Clerk; and/or (d) the Municipal Judge; subject to these provisions: (Add. 3; Amd. 1; 5-2-1967)

      A.  The appointments shall be for indefinite terms, and each such officer shall receive such compensation and other benefits as may be determined by resolution of the Council from time to time.

      B.  Any City officer may be temporarily suspended with full pay at any time by a majority vote of the Council, but no City officer may be removed from office unless he or she has first been given an opportunity for a hearing before the Council. The Council shall not hold a closed meeting to consider terminating such officer or to consider the character, alleged misconduct, professional competence, or physical or mental health of such public officer. The public officer may be assisted by his or her own legal counsel at the hearing. Any action of the Council following such hearing shall be considered final and conclusive. Written notice of the meeting shall be given to such officer in the manner set forth in NRS 241.033. (Add. 25; Amd. 2; 6-2-2009)

      C.  If a city officer is so removed, the Council will appoint a person as a temporary replacement to perform the duties of the removed officer, and will appoint a qualified person as a permanent replacement officer as soon as practicable.

      D.  No person shall be appointed as a city officer who is a grandparent, parent, uncle, aunt, brother, sister, nephew, niece, child or grandchild, by birth, marriage, or adoption, of a city officer, employee, or Council Member at the time of appointment. (Add. 15; Amd. 2; 6-4-1991)

      2.  Establish other administrative departments and distribute the work of divisions.

      3.  Adopt the budget of the City.

      4.  Inquire into the conduct of any office, department or agency of the City and make investigations as to municipal affairs. (1959 Charter)

      5.  Appoint the members of all boards, commissions, and committees for specific or indefinite terms as provided elsewhere in this Charter or in various resolutions or ordinances, with all such persons being removable from office only for cause, provided, however, that all persons so appointed must be and remain bona fide residents of the City during the tenure of each appointment. (Add. 15; Amd. 2; 6-4-1991)

      6.  Adopt plats. (1959 Charter)

      7.  Adopt and modify, from time to time, an official general map of the entire City, and one or more official maps of various portions of the City. (Add. 15; Amd. 2; 6-4-1991)

      8.  Regulate and restrict the height and number of stories of buildings and other structures, the size of yards and courts, the density of populations and the location and use of buildings for trade, industry, business, residence or other purposes. (1959 Charter)

      9.  Provide for an annual auditing of the City’s financial accounts and records by independent auditors. (Add. 15; Amd. 2; 6-4-1991)

      10.  (Repealed by Add. 15; Amd. 1; 6-5-1991)

      11.  Levy such taxes as are authorized by applicable laws. (Add. 15; Amd. 2; 6-4-1991)

      12.  (Repealed by Add. 15; Amd. 1; 6-5-1991)

      13.  Except as required by federal law or state statute, appoint no officer or employee of the City to any city board or commission, other than as an ex officio member. (Add. 2; Amd. 1; 5-4-1965; Amd. 2; 6-4-1991; Add. 24; Amd. 1; 6-3-2003)

      14.  (Add. 10; Amd. 6; 6-2-1981; Repealed by Add. 15; Amd. 1; 6-5-1991)

 

      Section 9.  Appointment of City Manager.

      The Council shall appoint an officer of the City who shall have the title of City Manager and shall have the powers and perform the duties provided in this Charter. No Council Member shall receive such appointment during the term for which the member has been elected, nor within 1 year after the expiration of the term. (1959 Charter; Add. 24; Amd. 1; 6-3-2003)

 

      Section 10.  Removal of City Manager.

      (Repealed by Add. 3; Amd. 1; 5-2-1967; see par. 8.1)

      Section 11.  Council not to interfere in appointments or removals.

      1.  Neither the Council nor any of its members shall direct or request the appointment of any person to, or his or her removal from, office by the City Manager or by any of his or her subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately. (1959 Charter)

      2.  Any Council Member violating the provisions of this section, or voting for a resolution or ordinance in violation of this section, is guilty of a misdemeanor and upon conviction thereof shall cease to be a Council Member. (Add. 24; Amd. 1; 6-3-2003)

 

      Section 12.  Vacancies in Council.

      Except as otherwise provided in NRS 268.325, a vacancy on the Council must be filled by appointment by a majority of the remaining members of the Council within 30 days or after three regular or special meetings, whichever is the shorter period of time. In the event of a tie vote among the remaining members of the Council, selection must be made by lot. No such appointment extends beyond the next municipal election. (Add. 19; Amd. 1; 7-16-1997)

      (A—Ch. 515, Stats. 1997 p. 2448)

      Section 13.  Creation of new departments or offices; change of duties.

      The Council by ordinance may:

      1.  Create, change and abolish offices, departments or agencies, other than offices, departments and agencies established by this Charter.

      2.  Assign additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency. (1959 Charter)

 

      Section 14.  City Clerk.

      1.  (Repealed by Add. 3; Amd. 1; 5-2-1967; see par. 8.1)

      2.  The City Clerk shall:

      (a) Give notice of meetings of the Council.

      (b) Keep the journal of the Council’s proceedings and attend all meetings unless excused by the Council.

      (c) Authenticate by his or her signature and record in full in a book kept for the purpose all ordinances and resolutions.

      (d) Perform such other duties as are required by this Charter or by ordinance. (1959 Charter)

      3.  (Repealed by Add. 9; Amd. 2; 6-5-1979; see Sec. 8.1.A)

 

      Section 15.  City Attorney.

      1.  (Repealed by Add. 3; Amd. 1; 5-2-1967; see par. 8.1)

      2.  The City Attorney shall be an attorney at law, admitted to practice before the Supreme Court of the State of Nevada, who has been in actual practice of law in the State of Nevada for at least 3 years next preceding his or her appointment. If practicable, the Council shall appoint an attorney who has had special training or experience in municipal corporation law.

      3.  The City Attorney shall:

      (a) Be legal adviser of the Council and all other city officers.

      (b) Prosecute all violations of city ordinances. (1959 Charter)

      (c) Draft or review all contracts and other legal documents or instruments required or requested by the Council or the City Manager. (Add. 15; Amd. 2; 6-4-1991)

      (d) Perform such other legal services as the Council may direct. (1959 Charter)

      (e) Attend all meetings of the Council unless previously excused therefrom by three members thereof or by the Mayor or by the Mayor pro tem in the absence of the Mayor. In the event the City Attorney is excused, he or she is to provide at his or her own expense substitute counsel for such meeting. (Add. 24; Amd. 1; 6-3-2003)

      (f) Possess such other powers, and perform such additional duties, not in conflict with this Charter, as may be prescribed by ordinance.

      4.  When from any cause the City Attorney is unable to perform the duties of his or her office, he or she may, with the consent of the Council, appoint some other qualified attorney to act temporarily in his or her place, and whenever, in the judgment of the Council, the interests of the City require it, the Council may employ assistant or special counsel.

      5.  The City Attorney shall deliver all books, records, papers, documents and personal property of every description, owned by the City, to his or her successor in office, and the City shall provide a means of safeguarding the same. (1959 Charter)

      6.  (Repealed by Add. 9; Amd. 2; 6-5-1979; see Sec. 8.1.A)

      7.  (Repealed by Add. 3; Amd. 1; 5-2-1967; see par. 8.1)

 

      Section 16.  Induction of Council into office; meetings of Council.

      1.  The City Council shall meet within ten days after each city primary election and each city general election specified in Article IX, to canvass the returns and to declare the results. All newly elected or reelected Mayor or Council Members shall be inducted into office at the next regular Council meeting following certification of the applicable city general election results. Immediately following such induction, the Mayor pro tem shall be designated as provided in section 7. Thereafter, the Council shall meet regularly at such times as it shall set by resolution from time to time, but not less frequently than once each month. (Add. 13; Amd. 1; 6-2-1987; Amd. 2; 6-4-1991; Add. 17; Amd. 1; 11-5-1996; Add. 24; Amd. 1; 6-3-2003)

      A.  (Add. 3; Amd. 2; 5-2-1967; Repealed by Add. 15; Amd. 1; 6-4-1991)

      2.  It is the intent of this Charter that deliberations and actions of the Council be conducted openly. All meetings of the City Council shall be in accordance with chapter 241 of the Nevada Revised Statutes. (Add. 10; Amd. 1; 6-2-1981)

      3.  Any emergency meeting of the City Council, as defined by chapter 241, shall be as provided therein, and in addition:

      (a) An emergency meeting may be called by the Mayor or upon written notice issued by a majority of the Council.

      (b) Prior notice of such an emergency meeting shall be given to all members of the City Council. (Add. 10; Amd. 1; 6-2-1981)

 

      Section 17.  Council to be judge of qualifications of its members.

      The Council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the Council in any such case shall be subject to review by the courts.

 

      Section 18.  Rules of procedure; journal.

      The Council shall:

      1.  Determine its own rules and order of business.

      2.  Keep a journal of its proceedings, and the journal shall be open to public inspection.

 

      Section 19.  Council’s power to make and pass ordinances, resolutions.

      1.  The Council shall have the power to make and pass all ordinances, resolutions and orders, not repugnant to the Constitution of the United States or of the State of Nevada or to the provisions of this Charter, 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 Charter. (1959 Charter)

      2.  The Council shall have the power to enforce obedience to its ordinances by such fines, imprisonments or other penalties as the Council may deem proper, but the punishment for any offense shall not be greater than the penalties specified for misdemeanors under applicable provisions of Nevada Revised Statutes in effect at the time such offense occurred. (Add. 14; Amd. 1; 6-6-1989)

      3.  The City Council may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada. (Added by Amd. 2; 6-8-1993)

      4.  Any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the City of Boulder City whenever such offense is committed within the city limits. (Add. 16; Amd. 1; 6-8-1993)

 

      Section 20.  Voting on ordinances and resolutions.

      1.  No ordinance or resolution shall be passed without receiving the affirmative votes of at least three members of the Council.

      2.  The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. Upon the request of any member of the Council the ayes and noes shall be taken and recorded upon any vote. All members of the Council present at any meeting shall vote, except upon matters in which they have financial interest or when they are reviewing an appeal from a decision of a city commission, before which they have appeared as an advocate for or an adversary against the decision being appealed. (Add. 12; Amd. 1; 6-4-1985)

 

      Section 21.  Enactment of ordinances; subject matter, titles.

      1.  No ordinance shall be passed except by bill, and when any ordinance is amended, the section or sections thereof must be reenacted as amended, and no ordinance shall be revised or amended by reference only to its title.

      2.  Every ordinance, except those revising the city ordinances, shall embrace but one subject and matters necessarily connected therewith and pertaining thereto; and the subject shall be clearly indicated in the title, and in all cases where the subject of the ordinance is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title. (1959 Charter)

 

      Section 22.  Introduction of ordinances; notice; final action; publication.

      1.  The style of ordinances must be as follows: “The City Council of Boulder City do ordain.” All proposed ordinances, when first proposed, must be read by title to the City Council and may be referred to a committee of any number of the members of the Council for consideration, after which an adequate number of copies of the ordinance must be deposited with the City Clerk for public examination and distribution upon request. Notice of the deposit of the copies, together with an adequate summary of the ordinance, must be published once in a newspaper published in the City, if any, otherwise in some newspaper published in the county which has a general circulation in the City, at least 10 days before the adoption of the ordinance. At any meeting at which final action on the ordinance is considered, at least one copy of the ordinance must be available for public examination. The City Council shall adopt or reject the ordinance, or the ordinance as amended, within 30 days after the date of publication, except that in cases of emergency, by unanimous consent of the whole Council, final action may be taken immediately or at a special meeting called for that purpose. (1959 Charter; Amd. 2; 6-6-1989)

      2.  At the next regular or adjourned meeting of the Council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the Council, and thereafter it must be read by title and summary or in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance must be finally voted upon or action on it postponed. (Add. 9; Amd. 1; 6-5-1979; Amd. 2; 6-6-1989)

      3.  After final adoption the ordinance must be signed by the Mayor, and, together with the votes cast on it, must be:

      (a) Published by title, together with an adequate summary including any amendments, once in a newspaper published in the City, if any, otherwise in a newspaper published in the county and having a general circulation in the City; and

      (b) Posted in full in the City Hall. (Add. 5; Amd. 2; 6-8-1971; Amd. 2; 6-6-1989)

      4.  Except as provided in subsections 5 and 6, all ordinances become effective 20 days after publication. (Add. 8; Amd. 8; 6-7-1977)

      5.  Emergency ordinances having for their purpose the immediate preservation of the public peace, health or safety, containing a declaration of and the facts constituting its urgency and passed by a four-fifths vote of the Council, and ordinances calling or otherwise relating to a municipal election, become effective on the date specified therein. (1959 Charter)

      6.  All ordinances having for their purpose the lease or sale of real estate owned by the City (except city-owned subdivision or cemetery lots) may be effective not fewer than 5 days after the publication. (Add. 3; Amd. 3; 5-2-1967; Add. 14; Amd. 2; 6-6-1989)

      (A—Ch. 160, Stats. 1983 p. 365)

      Section 23.  Adoption of specialized, uniform codes.

      An ordinance adopting any specialized or uniform building, plumbing or electrical code or codes, printed in book or pamphlet form or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the City, and with such other changes as may be desirable, by reference thereto, without the necessity of reading the same at length as provided in section 22. Such code, upon adoption, need not be published as required by section 22 if an adequate number of copies of such code, either typewritten or printed, with such changes, if any, have been filed for use and examination by the public in the Office of the City Clerk at least one week prior to the passage of the ordinance adopting the code, or any amendment thereto. Notice of such filing shall be given in accordance with the provisions of section 22.3. (Add. 8; Amd. 9; 6-7-1977)

 

      Section 24.  Codification of ordinances; publication of Code.

      1.  The Council shall have the power to codify and publish a code of its municipal ordinances in the form of Municipal Code, which Code may, at the election of the Council, have incorporated therein a copy of this Charter and such additional data as the Council may prescribe.

      2.  The ordinances in the Code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, attestations and other formal parts.

      3.  The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances and the only title necessary for the ordinance shall be “An ordinance for codifying and compiling the general ordinances of Boulder City”.

      4.  The codification may, by ordinance regularly passed, adopted and published, be amended or extended.

 

      Section 25.  Independent annual audit.

      Prior to the end of each fiscal year the Council shall designate qualified accountants who, as of the end of the fiscal year, shall make a complete and independent audit of accounts and other evidences of financial transactions of the city government and shall submit their report to the Council and to the City Manager. Such accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the city government or of any of its officers. They shall not maintain any accounts or records of the city business, but, within specifications approved by the Council, shall postaudit the books and documents kept by the Department of Finance and any separate or subordinate accounts kept by any other office, department or agency of the city government.

 

ARTICLE III - The City Manager

Section               26.     City Manager; qualifications.

                           27.     City Manager; salary. [Repealed.]

                           28.     City Manager; powers and duties.

                           29.     Absence of City Manager.

                           30.     Administrative departments; directors and departmental divisions.

 

      Section 26.  City Manager; qualifications.

      1.  The City Manager shall be chosen by the Council solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in, or his or her knowledge of, accepted practice in respect to the duties of his or her office as hereinafter set forth.

      2.  At the time of his or her appointment, the City Manager need not be a resident of the City or State, but during his or her tenure of office he or she shall reside within the City.

 

      Section 27.  City Manager; salary.

      (Repealed by Add. 9; Amd. 2; 6-5-1979; see Sec. 8.1.A)

 

      Section 28.  City Manager; powers and duties.

      The City Manager shall be the Chief Executive Officer and the Head of the Administrative Branch of the city government. He or she shall be responsible to the Council for the proper administration of all affairs of the City and to that end, subject to the civil service provisions of this Charter, he or she shall have the power and shall be required to: (1959 Charter)

      1.  Appoint (and remove when necessary for the good of the City) all officers and employees of the City except those who are to be appointed and removed by the Council under the provisions of section 8. The City Manager may authorize the head of any department or office to appoint and remove subordinate employees of such department or office. All appointments and removals must be made pursuant to the provisions of this Charter and applicable ordinances. (Add. 15; Amd. 2; 6-4-1991)

      2.  Prepare the budget annually and submit it to the Council and be responsible for its administration after adoption. (1959 Charter)

      3.  Prepare and submit to the Council as of the end of each fiscal year a complete report of the finances and administrative activities of the City for the fiscal year. (Add. 11; Amd. 2; 6-7-1983)

      4.  Keep the Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him or her desirable.

      5.  Perform such other duties as may be prescribed by this Charter or required of him or her by the Council, not inconsistent with this Charter.

      6.  Be bonded, the amount to be determined by the Council.

 

      Section 29.  Absence of City Manager.

      To perform his or her duties during his or her temporary absence or disability, the City Manager may designate by letter filed with the City Clerk a qualified administrative officer of the City. In the event of failure of the City Manager to make such designation, the Council may by resolution appoint an officer of the City to perform the duties of the City Manager until he or she shall return or his or her disability shall cease.

 

      Section 30.  Administrative departments; directors and departmental divisions.

      1.  There shall be such administrative departments as may be established by ordinance.

      2.  At the head of each department there shall be a director, who shall be an officer of the City and shall have supervision and control of the department subject to the City Manager. Two or more departments may be headed by the same individual; the City Manager may head one or more departments, and directors of departments may also serve as chiefs of divisions.

      3.  The work of each department may be distributed among such divisions thereof as may be established by ordinance upon the recommendation of the City Manager. Pending the passage of an ordinance or ordinances distributing the work of departments under the supervision and control of the City Manager among specific divisions thereof, the City Manager may establish temporary divisions. (1959 Charter)

 

ARTICLE IV - City Budgets

Section               31.     Budgets.

 

      Section 31.  Budgets.  Budgets for the City shall be prepared in accordance with and shall be governed by the provisions of the general laws of the State pertaining to budgets of cities. (1959 Charter; A—Add. 11; Amd. 3; 6-7-1983)

 

ARTICLE V - Public Improvements and Repairs

Section               32.     Expenses of improvements; payment by funds or by special assessments.

                  33.—55.     (Reserved for expansion).

 

      Section 32.  Expenses of improvements; payment by funds or by special assessments.

      The expenses of public improvements and repairs, such as the improvement of streets and alleys by grading, paving, graveling, curbing, the construction, repair, maintenance and preservation of sidewalks, drains, curbs, gutters, storm sewers, drainage systems, sewerage systems and sewerage disposal plants, may be paid from the General Fund or Street Fund or the cost or portion thereof as the Council shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the land abutting upon such improvement and such other lands as in the opinion of the Council may benefit by the improvement all in the manner contained in the provisions of the Nevada Revised Statutes. (Add. 3; Amd. 4; 5-2-1967)

 

      Sections 33.—55.  (Reserved for expansion).

 

ARTICLE VI - City Assessor; Tax Receiver; Finances and Purchasing

Section               56.     Clark County Assessor to be ex-officio City Assessor.

                           57.     Clark County Treasurer to be ex-officio City Tax Receiver.

                           58.     Director of Finance; appointment.

                           59.     Director of Finance; qualifications.

                           60.     Director of Finance; salary.

                           61.     Director of Finance; bond.

                           62.     Director of Finance; powers and duties.

                        62.5.     Procedures for city purchasing.

                           63.     Work program allotments. [Repealed.]

                           64.     Allotments constitute basis of expenditures and are subject to revision. [Repealed.]

                           65.     Transfer of appropriations.

                           66.     Accounting supervision and control.

                           67.     When contracts and expenditures prohibited.

 

      Section 56.  Clark County Assessor to be ex-officio City Assessor.

      The County Assessor of Clark County shall, in addition to the duties now imposed upon him or her by law, act as the Assessor of the City and shall be ex-officio City Assessor, without further compensation. He or she shall perform such duties as the Council may by ordinance prescribe.

 

      Section 57.  Clark County Treasurer to be ex-officio City Tax Receiver.

      The County Treasurer of Clark County shall, in addition to the duties now imposed upon him or her by law, act as ex-officio City Tax Receiver. He or she shall receive and safely keep all moneys that come to the City by taxation, and shall pay the same to the Director of Finance. The City Tax Receiver may, with the consent of the Council, collect special assessments which may be levied by authority of this Charter, or city ordinance, when they become due and payable, and whenever and wherever the general laws of the State of Nevada regarding the authorized acts of tax receivers may be, the same hereby are, made applicable to the City Tax Receiver of Boulder City, in the collection of city special assessments. (1959 Charter)

 

      Section 58.  Director of Finance; appointment.

      There may be a Department of Finance, the head of which shall be the Director of Finance, who shall be, or be appointed by, the City Manager, with the concurrence of a majority of the Council, and whose duties hereinafter set forth shall be subject to the supervision and control of the City Manager. (Add. 2; Amd. 2; 5-4-1965)

 

      Section 59.  Director of Finance; qualifications.

      The Director of Finance shall have knowledge of municipal accounting and taxation and shall have had experience in budgeting and financial control. (1959 Charter)

 

      Section 60.  Director of Finance; salary.

      The Director of Finance, if other than the City Manager, shall receive a salary as prescribed by resolution of the City Council. (Add. 9; Amd. 2; 6-5-1979)

 

      Section 61.  Director of Finance; bond.

      The Director of Finance, if other than the City Manager, shall provide a bond with such surety and in such amount as the Council may require by ordinance.

 

      Section 62.  Director of Finance; powers and duties.

      The Director of Finance shall have charge of the administration of the financial affairs of the City and to that end he or she shall have authority and shall be required to:

      1.  Compile the current expense estimates for the budget for the City Manager.

      2.  Compile the capital estimates for the budget for the City Manager.

      3.  Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to ensure that budget appropriations are not exceeded.

      4.  Maintain a general accounting system for the city government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the city government to be made daily.

      5.  Submit to the Council through the City Manager a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City.

      6.  Prepare for the City Manager, as of the end of each fiscal year, a complete financial statement and report.

      7.  Collect all license fees and other revenues of the City (except taxes and authorized assessments) for whose collection the City is responsible and receive all money receivable by the City from the State or Federal Government, or from any court, or from any office, department or agency of the City.

      8.  Have custody of all public funds belonging to or under the control of the City, or any office, department or agency of the city government, and deposit all funds coming into his or her hands in such depositories as may be designated by resolution of the Council, or, if no such resolution is adopted, by the City Manager, subject to the requirements of law as to surety and the payment of interest on deposits; but all such interest shall be the property of the City and shall be accounted for and credited to the proper account.

      9.  Have custody of all investments and invested funds of the city government, or in possession of such government in a fiduciary capacity and have the safekeeping of all bonds and notes of the City and the receipt and delivery of city bonds and notes for transfer, registration or exchange.

      10.  Consistent with the provisions of section 62.5, supervise and be responsible for the purchase of all supplies, materials, equipment and other articles used by any office, department or agency of the city government.

      11.  Approve all proposed expenditures; and unless he or she certifies that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no expenditure shall be made. (1959 Charter)

 

      Section 62.5.  Procedures for city purchasing.

      1.  All purchases of goods or services of every kind or description for the City by any office, commission, board, department or any division thereof shall be made in conformance with the Nevada Revised Statutes, as amended from time to time. (Add. 5; Amd. 3; 6-8-1971)

 

      Section 63.  Work program allotments.

      (Repealed by Add. 11; Amd. 4; 6-7-1983)

 

      Section 64.  Allotments constitute basis of expenditures and are subject to revision.

      (Repealed by Add. 11; Amd. 4; 6-7-1983)

      Section 65.  Transfer of appropriations.

      The City Manager may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency.

 

      Section 66.  Accounting supervision and control.

      The Director of Finance shall have power and shall be required to:

      1.  Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the city government. (1959 Charter)

      2.  Except as otherwise provided in this Charter, examine and approve all contracts, orders and other documents by which the city government incurs financial obligations, having previously ascertained that moneys have been appropriated and will be available when the obligations become due and payable.

      3.  Examine and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the city government and with the advice of the City Attorney determine the regularity, legality and correctness of such claims, demands or charges.

      4.  Inspect any accounts or records of financial transactions which may be maintained in any office, department or agency of the city government apart from or subsidiary to the accounts kept in his or her office. (Amd. 2; 6-4-1991; Add. 24; Amd. 1; 6-3-2003)

 

      Section 67.  When contracts and expenditures prohibited.

      1.  No officer, department or agency shall, during any budget year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, for any purpose, in excess of the amounts appropriated for that general classification of expenditure pursuant to this Charter. Any contract, verbal or written, made in violation of this Charter shall be null and void. Any officer or employee of the City who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall cease to hold his or her office or employment.

      2.  Nothing in this section shall prevent the making of contracts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds, nor the making of contracts of lease or for services for a period exceeding the budget year in which such contract is made, when such contract is permitted by law. (1959 Charter)

 

ARTICLE VII - Civil Service and Personnel

Section               68.     Civil Service Commission; creation; members; terms; qualifications and compensation.

                           69.     Commission rules and regulations.

                           70.     Procedure for amendment, modification of rules and regulations.

 

      Section 68.  Civil Service Commission; creation; members; terms; qualifications and compensation.

      1.  There shall be a Civil Service Commission of Boulder City.

      2.  The Civil Service Commission shall consist of three citizens, not more than two of whom shall at any time belong to the same political party.

      3.  The Council shall appoint the members of a Civil Service Commission for a term of three (3) years, the terms to be staggered.

      4.  Every person appointed a member of the Commission shall, before entering upon the duties of his or her office, take and subscribe the oath of office prescribed by this Charter, and file same, certified by the officer administering it, with the City Clerk. (1959 Charter)

      5.  No person shall be eligible for appointment as a member of the Commission, and no person shall continue as a member of the Commission, unless he or she shall be a resident of Boulder City, who shall otherwise have no connection with the city government and who shall hold no elective office. (Add. 10; Amd. 3; 6-2-81)

      6.  Vacancies on the Civil Service Commission from whatever cause shall be filled by appointment by the Council.

      7.  The City Manager shall provide for such employees as shall be necessary to enable the Civil Service Commission to carry out properly the duties prescribed herein.

      8.  The members of the Civil Service Commission shall receive no compensation for their services.

      9.  A member of the Civil Service Commission may be removed from office for cause by a majority vote of the Council.

 

      Section 69.  Commission rules and regulations.

      1.  The Commission shall prepare and adopt rules and regulations to govern the selection and appointment of all employees of the City within the provisions of this article and such rules and regulations shall be designed to secure the best service for the public.

      2.  Such rules and regulations shall provide for ascertaining, as far as possible, the physical qualifications, the habits, and the reputation and standing and experience of all applicants for positions, and they may provide for competitive examinations of some or all in such subjects as shall be deemed proper for the purpose of best determining their qualifications and fitness for the position sought. The civil service rules and regulations shall apply to all employees of the City but shall not apply to any individual in any of the following categories:

      (a) Appointed city officers, including the City Manager, City Attorney, City Clerk and Municipal Judge.

      (b) Heads of departments and their immediate subordinates as established by this Charter or by ordinance. (Add. 10; Amd. 4; 6-2-1981)

      3.  Such rules and regulations may:

      (a) Provide for the classification of positions in the service and for a special course of inquiry and examination for candidates of each class.

      (b) Provide for disciplinary, suspension, demotion and dismissal proceedings and shall further govern promotions and advancements.

      (c) Further classify, in accordance with duties and salaries, all offices and positions within the provisions of this article.

      4.  The Commission shall, by rule, provide for a probationary period.

      5.  The Commission shall establish the procedures by which an employee may appeal a disciplinary action to the Commission. (Add. 2; Amd. 3; 5-4-1965)

      6.  All Commission rules and regulations and all changes therein shall be subject to review and approval by the City Council. A copy of all rules and regulations made by the Commission and all changes therein shall be filed in the Office of the City Clerk. (Add. 8; Amd. 3; 6-7-1977)

      7.  The Commission shall cause the rules and regulations so prepared and adopted, and all changes therein, to be printed or otherwise reproduced and distributed as the Commission shall deem necessary, and the expense thereof shall be certified by the Commission, and shall be paid by the City.

      8.  All selections of persons for employment or appointment or promotion, in any department of the City within the provisions of this article, shall be made in accordance with such rules and regulations.

 

      Section 70.  Procedure for amendment, modification of rules and regulations.

      After Commission rules and regulations have been adopted, they shall be amended or modified by the Commission only after the Commission shall have caused a notice containing the proposed amendment or modification and specifying a time certain when the Commission will meet and hear objections to the adoption of such proposed amendment or modification. Such notice shall be given to the Council, the City Manager and to the head of each department affected by such amendment or modification and be posted on the bulletin board or in a conspicuous place accessible to the employees in each department affected by such proposed amendment or modification not less than ten (10) days before the date of such meeting. (Add. 2; Amd. 3; 5-4-1965)

 

ARTICLE VIII - Planning and Zoning

Section               90.     Planning Commission; creation by ordinance.

                           91.     Tentative zoning map, ordinance; land use plan. [Repealed.]

                           92.     Public parks, recreation areas, parking.

                           93.     Areas for schools, playgrounds, public uses.

                           94.     Areas for parks. [Repealed.]

                           95.     Plans for future projects.

 

      Section 90.  Planning Commission; creation by ordinance.

      The Council shall create by ordinance a Planning Commission in accordance with the provisions of general law. Such Planning Commission shall have all of the powers and duties enumerated in such law.

 

      Section 91.  Tentative zoning map, ordinance; land use plan.

      (Repealed by Add. 24; Amd. 1; 6-3-2003)

 

      Section 92.  Public parks, recreation areas, parking.

      1.  All public parks, public recreation areas and publicly owned off-street parking areas in existence at the time of incorporation, unless under private lease, must not be sold, leased or zoned for any other use without approval of the majority of the voters voting at a special election or primary or general municipal election or general state election.

      2.  A special election may be held only if the City Council determines, by a unanimous vote, that an emergency exists. The determination made by the City Council is conclusive unless it is shown that the City Council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the City Council must be commenced within 15 days after the City Council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the City Council to prevent or mitigate a substantial financial loss to the City or to enable the City Council to provide an essential service to the residents of the City. (Add. 16; Amd. 2; 1-1-1994)

      (A—Ch. 345, Stats. 1993 p. 1096)

      Section 93.  Areas for schools, playgrounds, public uses.

      Additional lands shall be withheld and reserved for other public use such as fire stations, power stations and off-street parking. (1959 Charter; Add. 24; Amd. 1; 6-3-2003)

 

      Section 94.  Areas for parks.

      (Repealed by Add. 24; Amd. 1; 6-3-2003)

 

      Section 95.  Plans for future projects.

      The City Manager shall submit annually to the City Council, not less than six (6) months prior to the beginning of the fiscal year, a list of recommended capital improvements which are necessary or desirable for the forthcoming four (4) year period. (Add. 10; Amd. 5; 6-2-1981)

 

ARTICLE IX - City Elections

Section               96.     Conduct of municipal elections.

                           97.     Conduct of elections. [Repealed.]

                           98.     Election of Council Members. [Repealed.]

                           99.     (Reserved for expansion).

 

      Section 96.  Conduct of municipal elections.

      1.  All municipal elections must be nonpartisan in character and must be conducted in accordance with the provisions of the general election laws of the State of Nevada and any ordinance regulations as adopted by the City Council which are consistent with law and this Charter. (1959 Charter)

      2.  All full terms of office in the City Council are 4 years, and Council Members must be elected at large without regard to precinct residency. Except as otherwise provided in subsection 8, two full-term Council Members and the Mayor are to be elected in each year immediately preceding a federal presidential election, and two full-term Council Members are to be elected in each year immediately following a federal presidential election. In each election, the candidates receiving the greatest number of votes must be declared elected to the vacant full-term positions. (Add. 17; Amd. 1; 11-5-1996)

      3.  In the event one or more 2-year term positions on the Council will be available at the time of a municipal election as provided in section 12, candidates must file specifically for such position(s). Candidates receiving the greatest respective number of votes must be declared elected to the respective available 2-year positions. (Add. 15; Amd. 2; 6-4-1991)

      4.  Except as otherwise provided in subsection 8, a primary municipal election must be held on the first Tuesday after the first Monday in April of each odd-numbered year and a general municipal election must be held on the first Tuesday after the first Monday in June of each odd-numbered year.

      5.  A primary municipal election must not be held if no more than double the number of Council Members to be elected file as candidates. A primary municipal election must not be held for the office of Mayor if no more than two candidates file for that position. The primary municipal election must be held for the purpose of eliminating candidates in excess of a figure double the number of Council Members to be elected. (Add. 17; Amd. 1; 11-5-1996)

      6.  If, in the primary municipal election, a candidate receives votes equal to a majority of voters casting ballots in that election, he or she shall be considered elected to one of the vacancies and his or her name shall not be placed on the ballot for the general municipal election. (Add. 10; Amd. 7; 6-2-1981)

      7.  In each primary and general municipal election, voters are entitled to cast ballots for candidates in a number equal to the number of seats to be filled in the municipal elections. (Add. 11; Amd. 5; 6-7-1983)

      8.  The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.

      9.  If the City Council adopts an ordinance pursuant to subsection 8, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.

      10.  If the City Council adopts an ordinance pursuant to subsection 8, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.

      11.  The conduct of all municipal elections must be under the control of the City Council, which shall adopt by ordinance all regulations which it considers desirable and consistent with law and this Charter. Nothing in this Charter shall be construed as to deny or abridge the power of the City Council to provide for supplemental regulations for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud. (Add. 24; Amd. 1; 6-3-2003)

      (A—Ch. 637, Stats. 1999 p. 3564; Ch. 218, Stats. 2011 p. 952; Ch. 263, Stats. 2013 p. 1180)

      Section 97.  Conduct of elections.

      (Repealed by Add. 24; Amd. 1; 6-3-2003)

 

      Section 98.  Election of Council Members.

      (Repealed by Add. 9; Amd. 3; 6-5-1979)

      Section 99.  (Reserved for expansion).

      (Add. 5; Amd. 4; 6-8-1971)

ARTICLE X - Initiative, Referendum and Recall

Section             100.     Registered voters’ power of initiative and referendum concerning city ordinances.

                         101.     Initiative and referendum proceedings.

                         102.     Results of election.

                         103.     Repealing ordinances; publication.

              104.—110.     (Reserved for future expansion).

                      111.5.     Recall of the Mayor and Council Members.

 

      Section 100.  Registered voters’ power of initiative and referendum concerning city ordinances.

      The registered voters of a city may:

      1.  Propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without change in substance, to adopt or reject it at a primary or general municipal election or primary or general state election.

      2.  Require reconsideration by the Council of any adopted ordinance, and if the Council fails to repeal an ordinance so considered, to approve or reject it as a primary or general municipal election or primary or general state election. (Add. 16; Amd. 2; 1-1-1994)

      (A—Ch. 345, Stats. 1993 p. 1097)

      Section 101.  Initiative and referendum proceedings.

      1.  All initiative and referendum proceedings shall be conducted in conformance with the provisions of the Nevada Revised Statutes, as amended from time to time.

 

      Section 102.  Results of election.

      1.  If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the results of the election and must be treated in all respects in the same manner as ordinances of the same kind adopted by the Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes prevails to the extent of the conflict.

      2.  If a majority of the registered voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the results of the election.

      3.  No initiative ordinance voted upon by the registered voters or an initiative ordinance in substantially the same form as one voted upon by the people, may again be placed on the ballot until the next primary or general municipal election or primary or general state election. (Add. 16; Amd. 2; 1-1-1994)

      (A—Ch. 345, Stats. 1993 p. 1097)

      Section 103.  Repealing ordinances; publication.

      Initiative and referendum ordinances adopted or approved by the voters may be published, and shall not be amended or repealed by the Council, as in the case of other ordinances.

 

      Sections 104.—110.  (Reserved for future expansion).

 

      Section 111.5.  Recall of the Mayor and Council Members.

      As provided by the general laws of this State, the Mayor and every member of the City Council are subject to recall from office. (Add. 5; Amd. 5; 6-8-1971; Add. 24; Amd. 1; 6-3-2003)

      (A—Ch. 218, Stats. 2011 p. 953)

ARTICLE XI - General Provisions

Section             112.     Removal of officers and employees.

                         113.     Right of City Manager and other officers in Council.

                         114.     Investigations by Council or City Manager.

                         115.     Publicity of records. [Repealed.]

                         116.     Personal interest.

                         117.     Official bonds.

                         118.     Oath of office.

                         119.     Amending the Charter.

                         120.     Short title; citation of Boulder City Act of 1958.

                         121.     Construction of Charter; separability of provisions.

 

      Section 112.  Removal of officers and employees.

      Subject to the provisions of section 8.1.B and article VII, any employee of the City may be suspended or dismissed from employment at any time by the City Manager or by any applicable person appointed by the City Manager pursuant to section 28. Unless otherwise provided in this Charter, any such action shall be considered final and conclusive, and shall not be subject to appeal to any city government entity. (Add. 15; Amd. 2; 6-4-1991)

 

      Section 113.  Right of City Manager and other officers in Council.

      The City Manager shall have the right to take part in the discussion of all matters coming before the Council, and the directors and other officers shall be entitled to take part in all discussions of the Council relating to their respective offices, departments or agencies. (Add. 24; Amd. 1; 6-3-2003)

 

      Section 114.  Investigations by Council or City Manager.

      The Council shall have power to inquire into the conduct of any office, department, agency or officer of the City and to make investigations as to municipal affairs, and for that purpose may cause witnesses to be subpoenaed, oaths to be administered, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by a fine not to exceed $500 or by imprisonment not to exceed 6 months, or both fine and imprisonment.

 

      Section 115.  Publicity of records.

      (Repealed by Add. 12; Amd. 3; 6-4-1985)

      Section 116.  Personal interest.

      1.  No elective or appointive officer shall take any official action on any contract or other matter in which he or she has any financial interest. (1959 Charter)

      2.  Violation of the provisions of this section shall constitute a misdemeanor, subject to a penalty not to exceed the penalties specified for misdemeanors under applicable provisions of Nevada Revised Statutes in effect at the time of such violation. (Add. 15; Amd. 2; 6-4-1991)

      Section 117.  Official bonds.

      Officers or employees as the Council may by general ordinance require so to do shall give bond in such amount and with such surety as may be approved by the Council. The premiums on such bonds shall be paid by the City. (Add. 24; Amd. 1; 6-3-2003)

 

      Section 118.  Oath of office.

      Every officer of the City shall, before entering upon the duties of his or her office, take and subscribe to the official oath of office of the State of Nevada:

      “I, ................, do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and the Constitution and Government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any Ordinance, Resolution or Law of any State notwithstanding, and I will well and faithfully perform all the duties of the office of ................ on which I am about to enter; (if any oath) so help me God; (if any affirmation) under the pains and penalties of perjury.” (1959 Charter)

      Section 119.  Amending the Charter.

      1.  An amendment to this Charter:

      A.  May be made by the Legislature directly by the use of mandatory specific wording or indirectly by the use of wording allowing flexibility in expressing the required change.

             (1) If a statute is enacted which directly amends this Charter, such an amendment is not subject to public approval as provided in subsection B and must be included in the Charter and identified as having been amended by the particular statute involved.

             (2) If a statute is enacted which requires that this Charter be amended but does not require the specific wording to be used, the City Council shall propose a suitable amendment to be submitted to the registered voters of the City as provided in subsection B. If such a proposed amendment is not adopted by the voters, it must be redrafted and resubmitted to the voters at one or more general city elections or general state elections until an amendment is adopted.

      B.  May be proposed by the City Council and submitted to the registered voters of the City at a general city election or general state election.

      C.  May be proposed by a petition signed by registered voters of the City equal in number to 15 percent or more of the voters who voted at the latest preceding general city election and submitted to registered voters of the City at the next general city election or general state election.

      2.  The City Attorney shall draft any amendment proposed pursuant to subsections A(2) or B, or if such a proposed amendment has been previously drafted, the City Attorney shall review the previous draft and recommend to the Council any suggested changes or corrections.

      3.  The City Attorney shall, upon request, review any amendment intended to be proposed by petition pursuant to subsection C, make only such corrections as are agreed to by the proposers and report to the City Council his or her analysis of the significance and potential effects of the proposed amendment.

      4.  A petition for amendment must be in the form specified by state law for city initiative petitions, and must be filed with the City Clerk not later than 6 months before the date of the general city election or general state election at which the proposed amendment is to be submitted to the voters of the City.

      5.  When an amendment is adopted by the registered voters of the City, the City Clerk shall, within 30 days thereafter, transmit a certified copy of the amendment to the Legislative Counsel.

      6.  Any amendment to the Charter proposed under the provisions of this section shall be adopted by a simple majority of the voters casting ballots on that question at two consecutive general elections before any such amendment shall become effective. (Add. 25; Amd. 1; 6-3-2003)

      (A—Ch. 345, Stats. 1993 p. 1098)

      Section 120.  Short title; citation of Boulder City Act of 1958.

      1.  This Charter shall be known and may be cited as the Boulder City Charter.

      2.  Whenever used in this Charter, the words “the Boulder City Act of 1958” will mean Public Law 85-900, 85th Congress, September 2, 1958, also designated as 72 stat. 1726 to 1735, inclusive. (1959 Charter)

      3.  (Repealed by Add. 10; Amd. 3; 6-2-1981)

      Section 121.  Construction of Charter; separability of provisions.

      1.  The descriptive headings or catch lines immediately preceding or within the texts of individual sections, except the section numbers included in the headings or catch lines immediately preceding the text of such sections, do not constitute part of the Charter.

      2.  Whenever any reference is made to any portion of the Nevada Revised Statutes or of any other law of the State or of the United States, such reference shall apply to all amendments and additions thereto now or hereafter made.

      3.  The City hereby agrees to be governed by the provisions of the Boulder City Act of 1958. In the event of any conflict, ambiguity or inconsistency between any provision of this Charter and the provisions of the Boulder City Act of 1958, the provisions of the Boulder City Act of 1958 shall control.

      4.  If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.

ARTICLE XII - Municipal Court

Section             122.     Municipal Court created; power.

                         123.     Municipal Judge: Bond.

                         124.     Municipal Judge; appointment; salary. [Repealed.]

                         125.     Powers of Municipal Court. [Repealed.]

                         126.     Appeals to district court. [Repealed.]

 

      Section 122.  Municipal Court created; power.

      There is hereby created and established in and for Boulder City, a municipal court, which is vested with the judicial power of the City for municipal purposes. (1959 Charter)

      Section 123.  Municipal Judge: Bond.

      The Municipal Judge shall, before entering upon the discharge of his or her duties, make and execute to the City a good and sufficient bond in such sum and condition as the Council may prescribe. (Add. 10; Amd. 3; 6-2-1981; Add. 13; Amd. 4; 6-2-1987)

      (A—Ch. 208, Stats. 1985 p. 673)

      Section 124.  Municipal Judge; appointment; salary.

      (Repealed by Add. 3; Amd. 1; 5-2-1967; see par. 8.1)

      Section 125.  Powers of Municipal Court. (Add. 13; Amd. 5; 6-2-1987)

      (Repealed by Ch. 208, Stats. 1985 p. 676)

      Section 126.  Appeals to district court. (Add. 13; Amd. 5; 6-2-1987)

      (Repealed by Ch. 208, Stats. 1985 p. 676)

ARTICLE XIII - Intoxicating Liquors, Gambling and Prostitution

Section          126.5.     Applicability of the Boulder City Act of 1958. [Repealed.]

                         127.     Sale of intoxicating liquors.

                         128.     Gambling prohibited.

                         129.     Pandering, prostitution and disorderly houses prohibited.

 

      Section 126.5.  Applicability of the Boulder City Act of 1958.

      (Sec. 126.5 and sec. 10 of B.C. Act of 1958 re Deed Restrictions repealed by Add. 3; Amd. 5; 5-2-1967)

      Section 127.  Sale of intoxicating liquors.

      1.  The sale of intoxicating liquors shall be authorized by the City Council of Boulder City, Nevada, in accordance with and within the limitations of the laws of the Federal Government and the State of Nevada.

      2.  All provisions or portions of provisions of the Boulder City Charter conflicting with the provisions of this amendment are hereby repealed. (Add. 4; Amd. 5; 5-6-1969)

      Section 128.  Gambling prohibited.

      1.  No game, slot machine, pinball machine or gambling device shall be conducted, maintained or operated within the City.

      2.  For the purpose of this Charter the terms “game”, “games” or “devices” shall be construed to mean and include all games, devices or activities, and any slot machine or pinball machine played for money, or for checks, or tokens redeemable in money or property, and shall be given such general application as to include every activity whereby a person risks money or other things of value on a contest or chance of any kind. (1959 Charter)

      3.  Nothing in this section shall be construed to prohibit social games played in private homes or residences or to prohibit the City Council from granting special event permits, in accordance with procedures which the City Council shall prescribe by ordinance, to bona fide religious, nonprofit, charitable, fraternal, or similar corporations, to conduct activities on a limited basis to raise funds for the purpose of financing activities for which such organization is founded. (Add. 3; Amd. 7; 5-2-1967)

      4.  Any person violating the provisions of this section is guilty of a misdemeanor.

      Section 129.  Pandering, prostitution and disorderly houses prohibited.

      1.  Pandering, prostitution and disorderly houses, as defined and made unlawful by the general laws of the State, shall be unlawful within the City.

      2.  The Council shall enact such ordinances as may be necessary to implement this section.

ARTICLE XIV - Public Utilities

Section             130.     Granting of franchises.

                         131.     Conditions and transfer of franchises.

                         132.     Rates; annual cost of service and sliding scale basis.

                         133.     Records and proceedings.

                         134.     Condemnation.

                         135.     Establishment of municipally owned and operated utilities.

                         136.     Municipal utility organizations.

                         137.     Financial provisions.

                         138.     Sale of public utilities; proviso.

 

      Section 130.  Granting of franchises.

      The City shall have power to grant a franchise to any private corporation for the use of streets and other public places in the furnishing of any public utility service to the City and to its inhabitants. All franchises and any renewals, extensions and amendments thereto shall be granted only by ordinance. A proposed franchise ordinance shall be submitted to the City Manager, and he or she shall render to the Council a written report containing recommendations thereon. The City shall have the power as one of the conditions of granting any franchise, to impose a franchise tax, either for the purpose of license or for revenue.

      Section 131.  Conditions and transfer of franchises.

      1.  Every franchise or renewal, extension or amendment of a franchise hereafter granted shall:

      (a) Impose upon the utility the duty to furnish proper service at minimum attainable cost under proper organization and efficient management. The City may issue such orders with respect to safety and other matters as may be necessary or desirable for the community.

      (b) Reserve to the City the right to make all future regulations or ordinances deemed necessary for the preservation of the health, safety and public welfare of the City, including, but not limited to, regulations concerning the imposition of uniform codes upon the utilities, standards and rules concerning the excavations and use to which the streets, alleys and public thoroughfares may be put, and regulations concerning placement of easement improvements such as poles, valves, hydrants and the like.

      2.  No franchise shall be transferred hereafter by any utility to another without the approval of the Council, and as a condition to such approval, the successor in interest to the said franchise shall execute a written agreement containing a covenant that it will comply with all the terms and conditions of the franchise then in existence, together with any other terms, conditions and regulations and ordinances which the City, or its agencies, may wish to impose.

      Section 132.  Rates; annual cost of service and sliding scale basis.

      The Council shall enact proper ordinances and shall prosecute or cause to be prosecuted all appropriate proceedings before the Public Utilities Commission of Nevada to secure fair rates for consumers at large and for the City.

 

      Section 133.  Records and proceedings.

      1.  The Council shall establish or designate an agency of the city government which shall assemble the facts which are essential to proper determination of cost of service and the fixing of reasonable rates. Such agency shall have and keep up to date an inventory of the property used in public service, the cost of such properties as actually and reasonably incurred or as fixed by appraisal additions and retirements made each year, the depreciation, and all matters that enter into the periodical readjustment of the rate base. It shall have power to make, and shall conduct, all inspections and examinations of public utility properties accounts and records necessary or appropriate to carry out the provisions of this Charter. At the close of each calendar or fiscal year, it shall make a comprehensive report and recommendations to the City Manager and the Council. Every public utility operating within the City shall furnish to such agency regular reports as to capital outlay, property retirements, operating revenues, operating expenses, taxes and other accounting matters according to the standard accounting classification issued for such utilities by the Public Utilities Commission of Nevada. In addition, the City may require reports regarding salaries, wages, employees, contracts, service performance and all other records of operation that pertain to proper rate adjustments on the basis of facts and regular administration.

      2.  The agency established or designated by the Council shall also make appropriate efforts to obtain proper annual revision of rates of private utilities which do not operate under the franchise terms of this Charter and which are not subject to municipal regulation by general law. It may initially obtain proper surveys of operating expenses, taxes and other charges, and of the net capital investment in the properties used in public service within the City, and thereupon may endeavor, through negotiation with the utility, to obtain proper rate adjustments. If it cannot obtain due agreement, it shall file a complaint and petition with the Public Utilities Commission of Nevada for a formal rate inquiry. In such proceeding it shall represent the consumers at large and shall prepare and present in legal form all the evidence with respect to cost of service and other elements as required in the public interest. It shall obtain all requisite data for successive rate revisions, and at the end of each calendar or fiscal year, it shall endeavor to secure any revision of rates indicated by the showing of facts, and if necessary shall proceed again with a request for formal inquiry by the Public Utilities Commission of Nevada.

 

      Section 134.  Condemnation.

      The City, by initiative ordinance, shall have the right to condemn the property of any public utility. The public utility shall receive just compensation for the taking of its property. Such an initiative petition must be voted on by the people and cannot be passed by simple acceptance of the Council. (1959 Charter)

 

      Section 135.  Establishment of municipally owned and operated utilities.

      The City shall have power to own and operate any public utility, to construct and install all facilities that are reasonably needed, and to lease or purchase any existing utility properties used and useful in public service. The City may also furnish service in adjacent and nearby communities which may be conveniently and economically served by the municipally owned and operated utility, subject to: (a) Agreements with such communities; (b) provisions of state law; (c) provisions of the Boulder City Act of 1958. The Council may provide by ordinance for the establishment of such utility, but an ordinance providing for a newly owned and operated utility shall be enacted only after such hearings and procedure as required herein for the granting of a franchise, and shall also be submitted to and approved at a popular referendum; provided, however, that an ordinance providing for any extension, enlargement, or improvement of an existing utility may be enacted as a matter of general municipal administration. The City shall have the power to execute long-term contracts for the purpose of augmenting the services of existing municipally owned utilities. Such contracts shall be passed only in the form of ordinances and may exceed in length the terms of office of the members of the Council. (Add. 23; Amd. 1, 2001 Legislative Session)

      (A—Ch. 416, Stats. 2001 p. 2093)

      Section 136.  Municipal utility organizations.

      The Council may provide for the establishment of a separate department to administer the utility function, including the regulation of privately owned and operated utilities and the operation of municipally owned utilities. Such department shall keep separate financial and accounting records for each municipally owned and operated utility and prior to February 1 of each fiscal year, shall prepare for the City Manager in accordance with his or her specifications a comprehensive report of each utility. The responsible departments or officer shall endeavor to make each utility financially self-sustaining, unless the Council shall by ordinance adopt a different policy. All net profits derived from municipally owned and operated utilities may be expended in the discretion of the Council for general municipal purposes.

      (a) The rates for the products and services of any municipally owned and operated utility shall only be established, reduced, altered or increased by resolution of the City Council following a public hearing. (Add. 8; Amd. 5; 6-7-1977)

 

      Section 137.  Financial provisions.

      The City may finance the acquisition of privately owned utility properties, the purchase of land, and the cost of all construction and property installation for utility purposes by borrowing in accordance with the provisions of general law.

      Appropriate provisions shall be made, however, for the amortization and retirement of all bonds within a maximum period of 40 years. Such amortization and retirement may be effected through the use of depreciation funds or other financial resources provided through the earnings of the utility.

      Section 138.  Sale of public utilities; proviso.

      1.  No public utility of any kind, after having been acquired by the City, may thereafter be sold or leased by the City, unless the proposition for the sale or lease has been submitted to the electors of the City at a special election or primary or general municipal election or primary or general state election. After a majority vote of those electors in favor of the sale, the sale may not be made except after 30 days’ published notice thereof, except that the provisions of this section do not apply to a sale by the Council of parts, equipment, trucks, engines and tools, which have become obsolete or worn out, any of which equipment may be sold by the Council in the regular course of business.

      2.  A special election may be held only if the City Council determines, by a unanimous vote, that an emergency exists. The determination made by the City Council is conclusive unless it is shown that the City Council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the City Council must be commenced within 15 days after the City Council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the City Council to prevent or mitigate a substantial financial loss to the City or to enable the City Council to provide an essential service to the residents of the City. (1959 Charter) (Add. 16; Amd. 2; 1-1-1994)

      (A—Ch. 345, Stats. 1993 p. 1099)

ARTICLE XV - Real Estate

Section             139.     Real Estate Officer; appointment, powers and duties.

                         140.     Disposition of city-owned lands; general regulations.

                         141.     Disposition of city-owned lands; exceptions.

                         142.     Proceeds from real estate transactions.

                         143.     Expenditures from Capital Improvement Fund.

                         144.     Development of the Eldorado Valley transfer area.

 

      Section 139.  Real Estate Officer; appointment, powers and duties.

      1.  There may be a Department of Real Estate, the head of which shall be the Real Estate Officer, who shall be, or be appointed by, the City Manager with the concurrence of the City Council, for such time as the Council determines to be necessary, to advise and assist them in the disposition of city-owned lands.

      2.  The Real Estate Officer shall be bonded in sufficient amount to protect the City; shall have had previous professional experience in real estate transactions; and shall demonstrate that no conflict of interests exists, or is incipient, between his or her employment by the City and his or her means of livelihood prior to such employment. Any conflict of interest shall be grounds for immediate dismissal.

 

      Section 140.  Disposition of city-owned lands; general regulations.

      1.  Except as otherwise provided in the laws of this state, the Boulder City Act of 1958, and section 141, all city-owned lands shall be sold, leased or otherwise disposed of by the City Council in accordance with the provisions of this section for the maximum benefit of the City. (1959 Charter)

      A.  All city-owned lands shall be sold or otherwise disposed of by ordinance, and any sales or disposition of parcels of more than one acre must be approved by the registered voters of the City at an election held in conjunction and in accordance with the election as required by article XV, section 143 of the Boulder City Charter. (Add. 18; Amd. 2; 6-3-1997)

      B.  All such sales, leases or other dispositions shall be at or above the current appraised value, and such appraisal and advertisement shall be previously ordered by the Council. (Add. 7; Amd. 5; 6-3-1975)

             (1) Following approval of the Council such appraisal shall be final and binding for a period of one (1) year or until a reappraisal is ordered by the Council, whichever shall first occur. (Add. 8; Amd. 6; 6-7-1977)

      C.  Not less than five (5) days prior to the consummation of any sale, lease or other disposition of city-owned lands, notice of such disposition shall be advertised at least once in a newspaper qualified pursuant to the provisions of Nevada Revised Statutes, chapter 238, as amended from time to time, and published in the City or county, and posted in at least two (2) public places within the City.

             (1) Notice of the sale, lease or other disposition of city-owned lands may be incorporated in the notice of filing of such ordinance, in accordance with the provisions of section 22, provided such notice shall be posted in two (2) public places in the City.

             (2) If sale, lease or other disposition is to be by public auction or sealed bid, as determined by the Council, notice of such disposition shall be advertised at least once in a newspaper qualified pursuant to the provisions of Nevada Revised Statutes, chapter 238, as amended from time to time, and published in the City or county, not less than thirty (30) days prior to such proposed disposition, and shall be posted in at least two (2) public places within the City.

      D.  The Council shall reserve the right to reject any or all bids or offers received for city-owned lands.

      E.  All city-owned lands may be sold or otherwise disposed of on a time payment basis with a minimum down payment of at least 15% down at a rate of interest of not less than 5% per annum on the declining balance.

             (1) Improved lands under lease at the time of incorporation of the City may be sold on a time payment basis without down payment at a rate of interest not less than 5% per annum on the declining balance.

      F.  The City Council may attach any conditions to any sale, lease or other disposition of city-owned lands as may appear to the Council to be in the best interest of the City.

 

      Section 141.  Disposition of city-owned lands; exceptions.

      1.  The Council is authorized, on whatever terms it deems satisfactory, to negotiate sale, lease or otherwise dispose of city-owned lands directly with bona fide nonprofit corporations organized under the provisions of NRS 81.290 to 81.340, inclusive, or NRS 81.350 to 81.400, inclusive, and bona fide charitable, religious, educational, eleemosynary and governmental organizations or corporations, organized on such basis that they operate not for profit, and provided further, that any of the foregoing corporations or organizations have qualified for an exemption from Federal Income Tax under the Internal Revenue Code. (Add. 24; Amd. 1; 6-3-2003)

      2.  The Council is authorized to lease property, on whatever terms it deems satisfactory, for a specified, limited purpose and time when the Planning Commission recommends that such use will result in a benefit to the community.

      3.  The Council is authorized to negotiate the sale of city-owned cemetery lots on any terms deemed satisfactory by the Council, and such sales are exempt from the appraisal, advertising, and ordinance requirements stipulated in section 140.

      4.  (Repealed by Add. 18; Amd. 2; 6-3-1997)

      5.  (Repealed by Add. 15; Amd. 1; 6-4-1991)

      6.  The Council is authorized to exchange city-owned lands when necessary for the best interest of the City, providing such exchange will not be in violation of any condition in a gift or devise of real property to the City, except that such exchanges shall be consummated in accordance with the provisions of section 140 unless otherwise provided in the laws of this State.

 

      Section 142.  Proceeds from real estate transactions.

      1.  Proceeds from all sales and other dispositions of real estate, except leases and interest on time payment sales, shall be placed in a special fund, hereinafter referred to as the Capital Improvement Fund, with the following exceptions:

      A.  Not more than 2% of the sale price of the land sold, as may be determined by the Council, which shall be used for promotion and advertising of city-owned lands.

      B.  The cost of advertising, title insurance, escrow, real estate commission, and other normal costs of sale.

      C.  The cost of providing utility services in excess of the capacity required for a parcel of land which has been sold to assure adequate utility services for other parcels not yet developed or sold. (1959 Charter)

      2.  Proceeds received from all leases which are subject to the operation of a self-supporting fund (Enterprise Fund) may be returned to that Fund. (Add. 10; Amd. 8; 6-2-1981)

      3.  Proceeds received from all leases and interest on time-payment sales of city-owned lands shall be apportioned in the ratio of 20% to current operational expenses of the City, 20% to the Capital Improvement Fund and 60% divided between the Capital Improvement Fund and current operational expenses as may be determined by the Council. (Add. 11; Amd. 6; 6-7-1983)

 

      Section 143.  Expenditures from Capital Improvement Fund.

      1.  All expenditures from the Capital Improvement Fund must be approved by a simple majority of the votes cast by the registered voters of the City on a proposition placed before them in a special election or general municipal election or general state election. (Add. 26; Amd. 5; 11-2-2010)

      2.  A special election may be held only if the City Council determines, by a unanimous vote, that an emergency exists. The determination made by the City Council is conclusive unless it is shown that the City Council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the City Council must be commenced within 15 days after the City Council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the City Council to prevent or mitigate a substantial financial loss to the City or to enable the City Council to provide an essential service to the residents of the City. (Add. 7; Amd. 5; 6-3-1975; Add. 16; Amd. 2; 1-1-1994)

      (A—Ch. 345, Stats. 1993 p. 1099)

      Section 144.  Development of the Eldorado Valley transfer area.

      1.  The land acquired by the City pursuant to an agreement entered into on July 9, 1995 between the Colorado River Commission, as an agency of the State of Nevada, and the City, will be used only for and limited to public recreational uses, solar energy facilities, a desert tortoise preserve, utility lines, easements, roads, rights-of-way, communication towers, antennas and similar governmental uses and for existing lease and lease options.

      2.  Any residential, commercial or industrial development or uses in the land area, other than the uses listed in section 1, must be approved by the registered voters of the City. (Add. 20; Amd. 1; 11-3-1998)

 

ARTICLE XVI - Schedule

Section             146.     Election to ratify Charter; primary election. [Repealed.]

                         147.     Incorporation of City. [Repealed.]

                         148.     General election. [Repealed.]

                         149.     Oaths of Council Members; first meeting; election of Mayor and Assistant Mayor. [Repealed.]

                         150.     Temporary limitations on Council’s powers; effective date. [Repealed.]

 

      Section 146.  Election to ratify Charter; primary election.

      (Repealed by Add. 15; Amd. 2; 6-4-1991)

 

      Section 147.  Incorporation of City.

      (Repealed by Add. 15; Amd. 2; 6-4-1991)

 

      Section 148.  General election.

      (Repealed by Add. 15; Amd. 2; 6-4-1991)

 

      Section 149.  Oaths of Council Members; first meeting; election of Mayor and Assistant Mayor.

      (Repealed by Add. 15; Amd. 2; 6-4-1991)

      Section 150.  Temporary limitations on Council’s powers; effective date.

      (Repealed by Add. 15; Amd. 2; 6-4-1991)