[Rev. 11/20/2013 4:41:00 PM--2013]

CARSON CITY CHARTER

Chapter 213, Statutes of Nevada 1969

AN ACT relating to Carson City; consolidating Ormsby County and Carson City into one municipal government to be known as Carson City; providing a charter therefor; and providing other matters properly relating thereto.

[Approved April 1, 1969]

ARTICLE 1 - Incorporation of City; General Powers; Boundaries, Districts, Wards and Annexations; Charter Committee

      Section 1.010  Preamble: Legislative intent.

      1.  In order to provide for the orderly government of Carson City and the general welfare of its citizens and to effect the consolidation of the governments and functions of Carson City and Ormsby County, the Legislature hereby establishes this Charter for the government of Carson City. It is expressly declared as the intent of the Legislature that all provisions of this Charter be liberally construed to carry out the expressed purposes of the Charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the Charter.

      2.  Any powers expressly granted by this Charter are in addition to any powers granted to a city or county by the general law of this state. All provisions of Nevada Revised Statutes which are applicable to counties or generally to cities (not including chapter 265, 266 or 267 of NRS) or to both and which are not in conflict with the provisions of this Charter apply to Carson City. If there is a conflict between the law pertaining to counties and the law pertaining to cities, the Board of Supervisors may, by resolution choose which law applies.

      (Ch. 213, Stats. 1969 p. 287; A—Ch. 690, Stats. 1979 p. 1855; Ch. 425, Stats. 1983 p. 1058)

      Sec. 1.020  Creation of consolidated municipality.  All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 1.030 shall be and constitute a body politic and corporate by the name and style of “Carson 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.

      (Ch. 213, Stats. 1969 p. 288)

      Sec. 1.030  Description of territory.  The territory embraced in Carson City is that certain land situate in the State of Nevada, described as follows: Beginning at the northwest corner of Douglas County, Nevada, at a point on the common boundary between the State of Nevada and the State of California; thence due east to the shoreline of Lake Tahoe; thence easterly along the south boundaries of a portion of section 33, all of 34, 35 and 36, T. 15 N., R. 18 E., M.D.B. & M.; thence continuing easterly along the south boundaries of sections 31, 32, 33, 34, 35 and 36, T. 15 N., R. 19 E., to the southwest corner of section 31, T. 15 N., R. 20 E.; thence continuing easterly along the south boundary of section 31 to the east 1/16 corner common to section 31 and section 6, T. 14 N., R. 20 E.; thence southerly along the north-south centerline of the NE 1/4 of section 6, a distance of 300 feet, more or less, to the center north-north-northeast 1/256 corner of section 6; thence easterly along the east-west centerline NW 1/4 of the NE 1/4 of the NE 1/4 of section 6, a distance of 660 feet, more or less to the center north-northeast-northeast 1/256 corner of section 6; thence northerly along the north-south centerline of the NE 1/4 of the NE 1/4 of section 6, a distance of 300 feet, more or less, to the east-east 1/64 corner common to section 6, T. 14 N., R. 20 E., and section 31, T. 15 N., R. 20 E.; thence easterly along the south boundary of section 31 to its southeast corner; thence continuing easterly along the south boundary of section 32, T. 15 N., R. 20 E., to the one-quarter corner common to section 32 and section 5, T. 14 N., R. 20 E.; thence southerly along the north-south one-quarter section line of section 5 to the one-quarter corner common to section 5 and section 8, T. 14 N., R. 20 E.; thence easterly along the boundary common to sections 5 and 8 to the northeast corner of section 8; thence southerly along the boundary common to section 8 and section 9, T. 14 N., R. 20 E., to the southeast corner of section 8; thence easterly along the south boundaries of section 9, 10, 11 and 12, T. 14 N., R. 20 E.; thence continuing easterly along the south boundaries of sections 7, 8, 9, 10, 11 and 12, T. 14 N., R. 21 E.; thence easterly along the south boundary of section 7, T. 14 N., R. 22 E. to a point on the centerline of Eldorado Canyon and from which point the southeast corner of section 7 bears S. 89¢51² E. a distance of 1,386 feet; thence down the center of Eldorado Canyon to a point thereon due east of Brown & Company’s dam on the Carson River; thence in a westerly direction, crossing the Carson River at the dam; thence to the Half Way House, between Carson and Silver City; thence northwesterly to the summit of the mountains east of Washoe Lake; thence southwesterly to the corner common to sections 14, 15, 22 and 23, T. 16 N., R. 20 E.; thence westerly along the common boundaries between sections 15 and 22 and between 16 and 21, T. 16 N., R. 20 E. to the corner common to sections 16, 17, 20 and 21, T. 16 N., R. 20 E.; thence southerly along the common boundary between sections 20 and 21 to the corner common to sections 20, 21, 28 and 29, T. 16 N., R. 20 E.; thence westerly along the common boundary between sections 20 and 29 to the corner common to sections 19, 20, 29 and 30, T. 16 N., R. 20 E.; thence southerly along the common boundary between sections 29 and 30 to the corner common to sections 29, 30, 31 and 32, T. 16 N., R. 20 E.; thence westerly along the common boundary between sections 30 and 31, T. 16 N., R. 20 E. and sections 25 and 36, T. 16 N., R. 19 E., to the 1/4 corner common to sections 25 and 36, thence southerly along the north-south 1/4 section line of section 36 to the center of section 36; thence westerly along the east-west 1/4 section line of section 36, T. 16 N., R. 19 E. to a point on that line which lies 839.13 feet easterly from the 1/4 corner common to sections 35 and 36, T. 16 N., R. 19 E.; thence north 55°26¢00² east, 152.32 feet; to the southerly right-of-way line of U.S. Highway 395; thence on a curve to the right from a tangent bearing of north 44°19¢39² west, through an angle of 6°15¢39² with a radius of 1972 feet, for a length of 215.48 feet; thence north 71°36¢35² west, 859.24 feet to the section line common to sections 35 and 36; thence south 86°33¢55² west, 2612.76 feet; to the 1/4 section line of section 35; thence south 1°39¢33² west, 324.06 feet; to the center of section 35; thence westerly along the east-west 1/4 section line of sections 34 and 35, T. 16 N., R. 19 E. to the 1/4 corner common to sections 34 and 35, T. 16 N., R. 19 E.; thence southerly along the common boundary between sections 34 and 35 to the southeast corner of section 34; thence westerly along the common boundary between section 34, T. 16 N., R. 19 E., and section 3, T. 15 N., R. 19 E., to the northwest corner of section 3; thence southerly along the common boundary between sections 3 and 4, T. 15 N., R. 19 E., to the 1/4 corner common to sections 3 and 4; thence westerly along the east-west 1/4 section line of section 4 to the center of section 4; thence southerly along the north-south 1/4 section line of section 4 to the 1/4 corner common to sections 4 and 9, T. 15 N., R. 19 E.; thence westerly along the common boundary between sections 4 and 9 to the corner common to sections 4, 5, 8 and 9, T. 15 N., R. 19 E.; thence southerly along the common boundary between sections 8 and 9 to the corner common to sections 8, 9, 16 and 17, T. 15 N., R. 19 E.; thence westerly along the common boundary between sections 8 and 17 to the corner common to sections 7, 8, 17 and 18, T. 15 N., R. 19 E.; thence southerly along the common boundary between sections 17 and 18 to the north 1/64th corner common to sections 17 and 18, T. 15 N., R. 19 E.; thence westerly along the north boundary of the S 1/2 S 1/2 N 1/2 of section 18 to the north 1/64th corner common to sections 18, T. 15 N., R. 19 E. and 13, T. 15 N., R. 18 E.; thence continuing westerly along the north boundary of the S 1/2 S 1/2 N 1/2 of sections 13, 14, 15, 16, 17 and a portion of 18, T. 15 N., R. 18 E., to the Nevada-California state line; thence south along the California line to the place of beginning.

      (Ch. 213, Stats. 1969 p. 288; A—Ch. 532, Stats. 1971 p. 1111; Ch. 246, Stats. 1977 p. 446)

      Sec. 1.040  Seal; property; eminent domain; gifts.  Carson City may:

      1.  Have and use a common seal, which it may alter at pleasure.

      2.  Purchase, receive, hold and enjoy personal and real property wherever situated.

      3.  Sell, convey and dispose of such personal and real property for the common benefit.

      4.  Determine and declare what are public uses when the necessity exists of condemning lands.

      5.  Receive bequests, devises, gifts and donations of all kinds of property, wherever situated, in fee simple or in trust for charitable or other purposes and do any acts and things necessary to carry out the purposes of such bequests, devises, gifts and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequest, gift or trust.

      (Ch. 213, Stats. 1969 p. 289)

      Sec. 1.060  Wards: Creation; boundaries.

      1.  Carson City must be divided into four wards, which must be as nearly equal in population as can be conveniently provided, and the territory comprising each ward must be contiguous.

      2.  The boundaries of wards must be established and realigned, if necessary, by ordinance, passed by a vote of at least three-fifths of the Board of Supervisors.

      3.  The Board shall realign any such boundaries on or before January 1 preceding the next general election at which Supervisors are to be elected, if reliable evidence indicates that the population in any ward exceeds the population in any other ward by more than 5 percent. In any case, the Board shall reconsider the boundaries of the wards upon the receipt of the necessary information from the preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce.

      (Ch. 213, Stats. 1969 p. 293; A—Ch. 34, Stats. 1973 p. 34; Ch. 304, Stats. 1973 p. 375; Ch. 690, Stats. 1979 p. 1856; Ch. 313, Stats. 1983 p. 756)

      Sec. 1.070  Corporate powers: Board of Supervisors.  The corporate powers of Carson City are vested in the Board of Supervisors.

      (Ch. 213, Stats. 1969 p. 294)

      Sec. 1.080  Charter Committee: Nomination; appointment; terms; qualifications; compensation. [Effective through December 31, 2013.]

      1.  The candidates for membership on the Charter Committee must be nominated as follows:

      (a) Each Supervisor shall nominate at least one candidate; and

      (b) Each member of the Senate and Assembly delegation representing the residents of the City shall nominate at least one candidate.

      2.  The Board shall:

      (a) Determine the appropriate number of members of the Charter Committee from the candidates nominated; and

      (b) Appoint the members of the Charter Committee.

      3.  Each member of the Charter Committee must:

      (a) Be a registered voter in Carson City;

      (b) Serve a term concurrent to the term of the public officer by whom he or she was nominated;

      (c) Reside in Carson City during his or her term of office; and

      (d) Serve without compensation.

      (Added—Ch. 341, Stats. 1999 p. 1406)

      Sec. 1.080  Charter Committee: Appointment; qualifications; terms; compensation. [Effective January 1, 2014.]

      1.  The members of the Charter Committee must be appointed as follows:

      (a) The Mayor and each other member of the Board shall appoint one member; and

      (b) Each member of the Senate and Assembly delegation representing the residents of the City shall appoint one member.

      2.  Each member of the Charter Committee must:

      (a) Be a registered voter in Carson City;

      (b) Serve a term concurrent to the term of the public officer by whom he or she was appointed, or at the pleasure of that public officer;

      (c) Reside in Carson City during his or her term of office; and

      (d) Serve without compensation.

      (Added—Ch. 341, Stats. 1999 p. 1406; A—Ch. 359, Stats. 2013 p. 1873, effective January 1, 2014)

      Sec. 1.090  Charter Committee: Officers; meetings; duties. [Effective through December 31, 2013.]  The Charter Committee shall:

      1.  Elect a Chair and Vice Chair from among its members who each serve for a term of 2 years;

      2.  Meet at least once every 2 years before the beginning of each regular session of the Legislature and when requested by the Board or the Chair of the Committee;

      3.  Meet jointly with the Board on a date to be set after the final biennial meeting of the Committee is conducted pursuant to subsection 2 and before the beginning of the next regular session of the Legislature to advise the Board with regard to the recommendations of the Committee concerning necessary amendments to this Charter; and

      4.  Assist the Board in the timely preparation of such amendments for presentation to the Legislature on behalf of the City.

      (Added—Ch. 341, Stats. 1999 p. 1406; A—Ch. 68, Stats. 2003 p. 451)

      Sec. 1.090  Charter Committee: Officers; meetings; duties; legislative measures. [Effective January 1, 2014.]

      1.  The Charter Committee shall:

      (a) Elect from among its members a Chair and Vice Chair, who each serve for a term of 2 years unless he or she resigns or is removed from the Committee pursuant to section 1.100;

      (b) Meet at least once every 2 years before the beginning of each regular session of the Legislature and when requested by the Board or the Chair of the Committee;

      (c) Meet jointly with the Board on a date to be set after the final biennial meeting of the Committee is conducted pursuant to paragraph (b) and before the beginning of the next regular session of the Legislature to advise the Board with regard to the recommendations of the Committee concerning necessary amendments to this Charter;

      (d) If the Board elects to submit the Committee’s recommended amendments to the Legislature as one of the City’s legislative measures, assist the Board in the timely preparation of such amendments for presentation to the Legislature on behalf of the City; and

      (e) Perform all functions and do all things necessary to accomplish the purposes for which it is established, including holding meetings and public hearings and obtaining assistance from officers of the City to ensure the Committee’s compliance with any law applicable to a public body.

      2.  If the Board elects not to submit the Committee’s recommended amendments to the Legislature as one of the City’s legislative measures, the Committee may vote to authorize a member of the Committee to seek sponsorship of a legislative measure by a member of the Senate or Assembly delegation representing the residents of the City and to assist the Senator, Assemblyman or Assemblywoman, as applicable, in the timely preparation of such amendments for presentation to the Legislature. The member of the Committee shall not represent that any such legislative measure is approved or supported by the Board and shall disclose to the Senator, Assemblyman or Assemblywoman, as applicable, that the legislative measure is not approved or supported by the Board.

      (Added—Ch. 341, Stats. 1999 p. 1406; A—Ch. 68, Stats. 2003 p. 451; Ch. 359, Stats. 2013 p. 1873, effective January 1, 2014)

                Sec. 1.100  Charter Committee: Removal; vacancies. [Effective through December 31, 2013.]

      1.  A member of the Charter Committee may be removed by the Board for:

      (a) Missing three consecutive regular meetings; or

      (b) Other good cause.

      2.  The Board shall fill any vacancy that occurs on the Charter Committee for the unexpired term.

      (Added—Ch. 341, Stats. 1999 p. 1406)

                Sec. 1.100  Charter Committee: Removal of members; vacancies. [Effective January 1, 2014.]

      1.  A member of the Charter Committee may be removed by the public officer, or his or her successor in office, who appointed the member.

      2.  Any vacancy that occurs on the Charter Committee must be filled as provided by section 1.080.

      (Added—Ch. 341, Stats. 1999 p. 1406; A—Ch. 359, Stats. 2013 p. 1874, effective January 1, 2014)

ARTICLE 2 - Legislative Department

      Sec. 2.010  Board of Supervisors: Qualifications; election; term of office.

      1.  The legislative power of Carson City is vested in a Board of Supervisors consisting of five Supervisors, including the Mayor.

      2.  The Mayor must be:

      (a) An actual and bona fide resident of Carson City for at least 6 months immediately preceding his or her election.

      (b) A qualified elector within Carson City.

      3.  Each Supervisor must be:

      (a) An actual and bona fide resident of Carson City for at least 6 months immediately preceding his or her election.

      (b) A qualified elector within the ward which he or she represents.

      (c) A resident of the ward which he or she represents, except that changes effected in the boundaries of a ward pursuant to the provisions of section 1.060 do not affect the right of any elected Supervisor to continue in office for the term for which he or she was elected.

      4.  All Supervisors, including the Mayor, must be voted upon by the registered voters of Carson City at large and shall serve for terms of 4 years.

      (Ch. 213, Stats. 1969 p. 294; A—Ch. 672, Stats. 1969 p. 1467; Ch. 673, Stats. 1969 p. 1472; Ch. 98, Stats. 1977 p. 203; Ch. 118, Stats. 1985 p. 474)

      Sec. 2.020  Definitions.

      1.  Whenever used throughout this Charter, “Board” means the Board of Supervisors of Carson City, unless the context clearly indicates otherwise.

      2.  Whenever used throughout this Charter, “Supervisor” means a member of the Board of Supervisors of Carson City, unless the context clearly indicates otherwise.

      (Ch. 213, Stats. 1969 p. 294)

      Sec. 2.030  Board of Supervisors: Vacancies.  Except as otherwise provided in NRS 268.325:

      1.  A vacancy in the office of Supervisor must be filled by appointment by a majority of the members of the Board within 30 days after the occurrence of the vacancy or after three regular or special meetings, whichever is the shorter period of time. A person may be selected to fill a prospective vacancy in the Board before the vacancy occurs. In such a case, each member of the Board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Board pursuant to this section. The appointee must have the qualifications required by section 2.010.

      2.  No such appointment extends beyond the first Monday in January after the next general election, at which election a new Supervisor must be elected to fill the unexpired term.

      (Ch. 213, Stats. 1969 p. 294; A—Ch. 854, Stats. 1989 p. 2059; Ch. 515, Stats. 1997 p. 2449)

      Sec. 2.040  Meetings: Time and place; rules.  The Board may:

      1.  Fix the place of its meetings and the time for calling the same to order, and judge the qualifications and election of its own members.

      2.  Adopt rules for the government of its members and proceedings.

      (Ch. 213, Stats. 1969 p. 294)

      Sec. 2.050  Meetings: Quorum.

      1.  The Board shall hold at least two regular meetings each month, and by ordinance may provide for the holding of additional regular meetings.

      2.  Special meetings may be held on call of the Mayor or by a majority of the Board, by giving a minimum of 6 hours’ notice of such special meeting to each member of the Board prior to the meeting. No contract involving the expenditure of money may be made or claim allowed at a special meeting unless notice of the meeting called to consider such action is published in a newspaper within Carson City at least 1 day before such meeting, and no business may be transacted at a special meeting except such as has been stated in the call of the meeting, and no ordinance may be passed at a special meeting except an emergency ordinance.

      3.  Except as otherwise provided in NRS 241.0355, a majority of all members of the Board constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.

      4.  Except as otherwise provided by law, the sessions and all proceedings of the Board must be public.

      (Ch. 213, Stats. 1969 p. 295; A—Ch. 255, Stats. 2001 p. 1130)

      Sec. 2.060  Journal.  The Board shall keep a journal of all its proceedings, and upon:

      1.  Call of any Supervisor, shall cause the yeas and nays to be taken and entered upon the journal upon any question before it.

      2.  Passage of all ordinances and the adoption of resolutions, the Clerk shall enter the results of the vote in the journal.

      (Ch. 213, Stats. 1969 p. 295)

      Sec. 2.070  Oaths and affirmations.  The Mayor and the Clerk may administer oaths and affirmations relating to any business pertaining to Carson City before the Board or to be considered by the Board.

      (Ch. 213, Stats. 1969 p. 295)

      Sec. 2.080  Board of Supervisors: Discipline of members, other persons; subpoena power.

      1.  The Board may:

      (a) Provide for the punishment of any member for disorderly conduct committed in its presence.

      (b) Order the attendance of witnesses and the production of all papers relating to any business before the Board.

      2.  If any person ordered to appear before the Board fails to obey such order:

      (a) The Board or any member of the Board may apply to the clerk of the district court for a subpoena commanding the attendance of the person before the Board.

      (b) Such clerk may issue the subpoena, and any peace officer may serve it.

      (c) If the person upon whom the subpoena is served fails to obey it, the court may issue an order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him or her accordingly.

      (Ch. 213, Stats. 1969 p. 295)

      Sec. 2.090  Power of Board: Ordinances, resolutions and orders.

      1.  The Board may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this Charter, necessary for the municipal government and the management of the affairs of Carson City, and for the execution of all the powers vested in Carson City.

      2.  When power is conferred upon the Board to do and perform any act or thing, and the manner of exercising such power is not specifically pointed out, the Board may provide by ordinance the manner and details necessary for the full exercise of such power.

      3.  The Board may enforce ordinances by providing penalties not to exceed those for misdemeanors as established by the Legislature.

      4.  The Board has all powers that are conferred upon the governing bodies of counties and cities by applicable laws which are not in conflict with the express or implied provisions of this Charter.

      (Ch. 213, Stats. 1969 p. 295; A—Ch. 58, Stats. 1981 p. 148)

      Sec. 2.100  Ordinances: Passage by bill; amendments; subject matter; title requirements.

      1.  No ordinance may be passed except by bill and by a majority vote of the whole Board of Supervisors. The style of all ordinances shall be as follows: “The Board of Supervisors of Carson City do ordain.”

      2.  No ordinance shall contain more than one subject, which shall be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.

      3.  Any ordinance which amends an existing ordinance shall set out in full the ordinance or sections thereof to be amended, and shall indicate matter to be omitted by enclosing it in brackets and shall indicate new matter by underscoring or by italics.

      (Ch. 213, Stats. 1969 p. 296)

      Sec. 2.110  Ordinances: Enactment procedure; emergency ordinances.

      1.  All proposed ordinances when first proposed must be read to the Board by title, after which an adequate number of copies of the proposed ordinance must be filed with the Clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City at least 10 days before the adoption of the ordinance. The Board shall adopt or reject the ordinance or an amendment thereto, within 45 days after the date of publication.

      2.  At a regular meeting or adjourned meeting of the Board following the proposal of an ordinance it must be read as first introduced, or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.

      3.  In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the Board, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of copies of the proposed ordinance with the Clerk need be published.

      4.  All ordinances must be signed by the Mayor, attested by the Clerk and published by title, together with the names of the Supervisors voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City for at least one publication, before the ordinance becomes effective. The Board may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.

      5.  The Clerk shall record all ordinances in a book kept for that purpose together with the affidavits of publication by the publisher.

      (Ch. 213, Stats. 1969 p. 296; A—Ch. 402, Stats. 1971 p. 813; Ch. 58, Stats. 1981 p. 149; Ch. 160, Stats. 1983 p. 367; Ch. 118, Stats. 1985 p. 475)

      Sec. 2.120  Codification of ordinances; publication of Code.

      1.  The Board shall, without undue delay, codify and publish a Code of its municipal ordinances which must have incorporated therein a copy of this Charter and may contain such additional data as the Board may prescribe. When such a Code is published or amended, two copies must be filed with the Librarian of the Supreme Court Law Library.

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

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

      4.  The codification may be amended or extended by ordinance.

      (Ch. 213, Stats. 1969 p. 297; A—Ch. 402, Stats. 1971 p. 814; Ch. 344, Stats. 1973 p. 428; Ch. 58, Stats. 1981 p. 150)

      Sec. 2.130  Uniform codes: Procedure for adoption.  Except as otherwise provided in NRS 707.375, an ordinance adopting a uniform building, plumbing, electrical, health, traffic or fire code, or any other uniform code or codes, printed in book or pamphlet form, may adopt such code or codes, or any portion thereof, with such changes as may be necessary to make such code or codes applicable to conditions in Carson City, and with such other changes as may be desirable, by reference thereto. Copies of such code or codes, either typewritten or printed, with such changes, if any, shall be filed for use and examination by the public in the Office of the Clerk at least 1 week prior to the passage of the ordinance adopting such code or codes.

      (Ch. 213, Stats. 1969 p. 297; A—Ch. 237, Stats. 2003 p. 1252)

      Sec. 2.140  Power of Board: Public property, buildings.  The Board may:

      1.  Control the property of the corporation.

      2.  Erect and maintain all buildings necessary for the use of Carson City.

      3.  Purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, wherever situated, for the benefit of Carson City, improve and protect such property, and do all other things in relation thereto which natural persons might do. The Board may not, except as otherwise specifically provided by this Charter or any other law, mortgage, hypothecate or pledge any property of Carson City for any purpose.

      (Ch. 213, Stats. 1969 p. 297)

      Sec. 2.150  Power of Board: Eminent domain.  The Board may condemn property for the public use in the manner prescribed by chapter 37 of NRS.

      (Ch. 213, Stats. 1969 p. 298)

      Sec. 2.160  Power of Board: Fire protection; fire codes and regulations.  The Board may:

      1.  Organize, regulate, maintain and disband a Fire Department.

      2.  Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.

      (Ch. 213, Stats. 1969 p. 298; A—Ch. 118, Stats. 1985 p. 475)

      Sec. 2.165  Power of Board: Regulation of hazardous material.  The Board may regulate or prohibit the storage within or transportation through Carson City of any explosive, combustible, toxic or other hazardous material. Any ordinance adopted pursuant to this section that regulates places of employment where explosives are stored must be at least as stringent as the standards and procedures adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

      (Added—Ch. 118, Stats. 1985 p. 474; A—Ch. 391, Stats. 1999 p. 1861)

      Sec. 2.170  Power of Board: Nuisances.  The Board may:

      1.  Determine by ordinance what shall be deemed nuisances.

      2.  Provide for the abatement, prevention and removal of such nuisances at the expense of the person creating, causing or committing such nuisances.

      3.  Provide for the penalty and punishment of persons responsible for such nuisances.

      (Ch. 213, Stats. 1969 p. 298)

      Sec. 2.180  Power of Board: Animals and poultry.  The Board may:

      1.  Fix, impose and collect an annual per capita tax on all dogs and provide for the capture and disposal of all dogs on which the tax is not paid.

      2.  Regulate or prohibit the running at large within Carson City of all kinds of animals and poultry, establish a pound, appoint a Poundkeeper and prescribe his or her duties, distrain and impound animals and poultry running at large, and provide for the disposition of such animals and poultry. The proceeds arising from the disposition of such animals and poultry, after the payment of all costs, must be deposited in the Treasury to be disposed of according to law.

      3.  Prohibit cruelty to animals.

      (Ch. 213, Stats. 1969 p. 298; A—Ch. 690, Stats. 1979 p. 1857; Ch. 425, Stats. 1983 p. 1059; Ch. 341, Stats. 1999 p. 1407)

      Sec. 2.190  Power of Board: Public health; Board of Health; regulations.  The Board may:

      1.  Provide for safeguarding public health in Carson City.

      2.  Create a Board of Health and prescribe the powers and duties of such Board.

      3.  Provide for the enforcement of all regulations and quarantines established by the Board of Health by imposing adequate penalties for violations thereof.

      (Ch. 213, Stats. 1969 p. 298)

      Sec. 2.200  Power of Board: Police ordinances.  The Board may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.

      (Ch. 213, Stats. 1969 p. 298)

      Sec. 2.210  Power of Board: Buildings; construction and maintenance regulations; building and safety codes.  The Board may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within Carson City.

      2.  Adopt any building or safety code or ordinance necessary to carry out the provisions of this section.

      (Ch. 213, Stats. 1969 p. 298)

      Sec. 2.220  Power of Board: Zoning and planning.

      1.  The Board may:

      (a) Divide Carson City into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within those districts.

      (b) Adopt master plans for Carson City which will serve as a pattern and guide for the kind of orderly physical growth and development of the City that will minimize impairment of the City’s natural resources.

      (c) Establish and adopt ordinances and regulations relating to the subdivision of land.

      2.  The Board shall carry out the provisions of subsection 1 in the manner prescribed by chapters 278 and 278A of NRS.

      (Ch. 213, Stats. 1969 p. 299; A—Ch. 96, Stats. 1997 p. 181)

      Sec. 2.230  Power of Board: Rights-of-way, parks and public buildings and grounds.  The Board may:

      1.  Lay out, maintain, alter, improve or vacate all public rights-of-way in Carson City.

      2.  Regulate the use of public parks, buildings, grounds and rights-of-way and prevent the unlawful use thereof.

      3.  Regulate and prevent in the public parks, buildings, grounds and rights-of-way:

      (a) The distribution and exhibition of handbills or signs.

      (b) Any practice tending to annoy persons passing in public parks, buildings, grounds and rights-of-way.

      (c) Public demonstrations and processions.

      4.  Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.

      (Ch. 213, Stats. 1969 p. 299)

      Sec. 2.240  Power of Board: Parking meters; off-street public parking facilities.

      1.  The Board may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The fees to be charged for the use of the facilities for parking regulated by parking meters must be fixed by the Board. The money received as fees for parking and fines from violations of regulations of parking must be deposited in a special revenue fund separate from the General Fund and may be expended only for the establishment, repair and control of parking meters, facilities for parking and any appurtenances necessary for the efficient control of traffic on public streets.

      2.  Except as otherwise provided by this Charter, the Board may acquire property within Carson City, by any lawful means, for the purpose of establishing facilities for public parking for vehicles off the street. The Board may, in bonds issued to acquire property for this purpose, pledge the revenues from fees for parking on the street or the general credit of Carson City, or both, to secure the payment of the principal and interest on those bonds.

      (Ch. 213, Stats. 1969 p. 299; A—Ch. 49, Stats. 1971 p. 104; Ch. 482, Stats. 1981 p. 969; Ch. 118, Stats. 1985 p. 476)

      Sec. 2.250  Power of Board: Traffic control.  The Board may, by ordinance, regulate:

      1.  Except as otherwise provided in NRS 707.375, all vehicular, pedestrian and other traffic within Carson City and provide generally for the public safety on the public streets and rights-of-way.

      2.  The length of time which vehicles may be parked upon the public streets and publicly owned parking lots.

      (Ch. 213, Stats. 1969 p. 299; A—Ch. 237, Stats. 2003 p. 1253)

      Sec. 2.260  Power of Board: Licensing, regulation and prohibition of trades, professions and businesses.

      1.  Except as otherwise provided in NRS 598D.150 and 640C.100, the Board may fix, impose and collect a license tax for revenue upon, or regulate:

      (a) Or both, all trades, callings, professions and businesses, conducted in whole or in part within Carson City, except that no person licensed by an agency of the State of Nevada to practice any profession except gaming may be denied a license to conduct his or her profession or required to pay a license tax except for revenue.

      (b) Or both, all businesses selling alcoholic liquors at wholesale or retail, or prohibit or suppress such businesses.

      (c) Or prescribe the location of all gaming establishments, or any combination of these, or may prohibit gambling and gaming of all kinds, and all games of chance.

      2.  The Board may provide for the issuance of all licenses authorized in this section and the time and manner in which they will be issued.

      3.  The Board may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      4.  The Board may, for just cause, suspend, cancel or revoke any business license.

      (Ch. 213, Stats. 1969 p. 300; A—Ch. 96, Stats. 1997, p. 181; Ch. 465, Stats. 2003 p. 2897; Ch. 325, Stats. 2005 p. 1141)

      Sec. 2.270  Power of Board: Provision of utilities.

      1.  Except as otherwise provided in subsection 2 and section 2.272, the Board may:

      (a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to Carson City or the residents thereof.

      (b) Provide for the construction of any facility necessary for the provision of such utilities.

      (c) Fix the rate to be paid for any utility provided by public enterprise.

      (d) Provide that any public utility be authorized, for any purpose or object whatever, to install, operate or use within the city mechanical water meters, or similar mechanical devices, to measure the quantity of water delivered to water users.

      2.  The Board:

      (a) Shall not sell telecommunication service to the general public.

      (b) May purchase or construct facilities for providing telecommunication that intersect with public rights-of-way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

      3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the Clerk and made available for public inspection during the business hours of the Office of the Clerk.

      4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunication service to the general public.

      5.  As used in this section:

      (a) “Telecommunication” has the meaning ascribed to it in NRS 704.025.

      (b) “Telecommunication service” has the meaning ascribed to it in NRS 704.028.

      (Ch. 213, Stats. 1969 p. 300; A—Ch. 532, Stats. 1971 p. 1112; Ch. 565, Stats. 1997 p. 2750; Ch. 416, Stats. 2001 p. 2096; Ch. 216, Stats. 2007 p. 718)

      Sec. 2.272  Franchises for the provision of telecommunication service.

      1.  The Board shall not:

      (a) Impose any terms or conditions on a franchise for the provision of telecommunication service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

      (b) Require a company that provides telecommunication service or interactive computer service to obtain a franchise if it provides telecommunication service over the telephone or telegraph lines owned by another company.

      (c) Require a person who holds a franchise for the provision of telecommunication service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the City.

      2.  As used in this section:

      (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(f)(2), as that section existed on January 1, 2007.

      (b) “Telecommunication service” has the meaning ascribed to it in NRS 704.028.

      (Added—Ch. 565, Stats. 1997 p. 2750; A—Ch. 216, Stats. 2007 p. 719)

      Sec. 2.275  Power of Board: Water project.

      1.  The Board may at any time or from time to time acquire, improve, equip, operate and maintain a water project within or without or both within and without Carson City.

      2.  As used in subsection 1, “water project” means facilities pertaining to a municipal water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, ponds, lakes, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, power plants, waterwork plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, stand-pipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation (or any combination thereof).

      (Added—Ch. 92, Stats. 1979 p. 147)

      Sec. 2.290  Power of Board: Sanitary sewer facilities.  The Board may:

      1.  Construct, reconstruct, improve, extend or better a sanitary sewer system or any part thereof.

      2.  Sell any product or by-product thereof and acquire the appropriate outlets within or without Carson City and extend the sewer lines thereto.

      (Ch. 213, Stats. 1969 p. 300)

      Sec. 2.300  Power of Board: Abatement of noxious insects, rodents and disease-bearing organisms.  The Board may take all steps necessary and proper for the extermination of noxious insects, rodents and other disease-bearing organisms either in Carson City or in territory outside Carson City but so situated that such insects, rodents and disease-bearing organisms migrate or are carried into Carson City.

      (Ch. 213, Stats. 1969 p. 300; A—Ch. 58, Stats. 1981 p. 150)

      Sec. 2.310  Power of Board: Cemeteries; acquisition and maintenance.  The Board may, by any lawful means, acquire and maintain property for public use as a cemetery.

      (Ch. 213, Stats. 1969 p. 300)

      Sec. 2.320  Power of Board: Advisory boards.  The Board may by resolution or ordinance create advisory boards comprised of elected and appointed officers and representatives of the people of Carson City to advise the Board of Supervisors in specific areas of local government, including, without limitation, public safety, public employees, finance, human resources and public property and facilities. A person serving on an advisory board that only serves Carson City must be a resident of Carson City and registered to vote in Carson City.

      (Added—Ch. 690, Stats. 1979 p. 1857; A—Ch. 72, Stats. 2001 p. 520)

      Sec. 2.330  Employees: Merit Personnel System.

      1.  The Board of Supervisors shall establish a Merit Personnel System for all employees of Carson City except those exempted under the provisions of subsection 4.

      2.  The Board of Supervisors shall administer this section through the adoption of appropriate regulations which shall provide for:

      (a) The classification of all positions, not exempt from the Merit Personnel System, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position whatsoever whenever warranted by changed circumstances.

      (b) A pay plan for all employees, including exempt employees other than elected officers that are covered in NRS 245.043.

      (c) Policies and procedures for regulating reduction in force and the removal of employees.

      (d) Hours of work, attendance regulations and provisions for sick and vacation leave.

      (e) Policies and procedures governing persons holding temporary or provisional appointments.

      (f) Policies and procedures governing relationships with employees and employee organizations.

      (g) Policies concerning employee training and development.

      (h) Grievance procedures.

      (i) Other policies and procedures necessary for the administration of a Merit Personnel System.

      3.  In the event of a conflict between the policies and procedures adopted pursuant to this section and the provisions of a collective bargaining agreement entered into pursuant to chapter 288 of NRS, the provisions of the agreement prevail.

      4.  There are exempted from the provisions of this section:

      (a) The Manager and all department heads, elected or appointed;

      (b) All deputy district attorneys;

      (c) Not more than six employees in the Office of the Sheriff, as designated by the Sheriff; and

      (d) Not more than two deputies each in the offices of the Clerk, the Treasurer, the Recorder, the Assessor, and any other department created by this Charter or by ordinance.

      (Added—Ch. 690, Stats. 1979 p. 1857; A—Ch. 238, Stats. 2007 p. 814)

ARTICLE 3 - Executive Department

      Sec. 3.010  Mayor: Duties; salary.

      1.  The Mayor:

      (a) Shall serve as a member of the Board and preside over its meetings.

      (b) Is the head of the government of Carson City for all ceremonial purposes and for purposes of military law.

      (c) Shall perform such emergency duties as may be necessary for the general health, welfare and safety of Carson City.

      (d) Shall perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor or to the chair of a board of county commissioners.

      2.  The Mayor is entitled to an annual salary of 130 percent of the amount specified in NRS 245.043.

      (Ch. 213, Stats. 1969 p. 301; A—Ch. 672, Stats. 1969 p. 1468; Ch. 673, Stats. 1969 p. 1472; Ch. 532, Stats. 1971 p. 1113; Ch. 118, Stats. 1985 p. 476; Ch. 341, Stats. 1999 p. 1407)

      Sec. 3.015  Mayor Pro Tempore: Selection; duties.  The Board shall elect one of its members, for such term as the Board determines, to be Mayor Pro Tempore. He or she shall:

      1.  Hold the office and title at all times during the term for which he or she was elected without additional compensation.

      2.  Perform the duties of Mayor during the absence or disability of the Mayor.

      3.  Act as Mayor until the next general election if the Office of Mayor becomes vacant.

      (Added—Ch. 690, Stats. 1979 p. 1858; A—Ch. 58, Stats. 1981 p. 150; Ch. 238, Stats. 2007 p. 815)

      Sec. 3.020  Manager: Appointment; duties; salary.

      1.  The Board may appoint a Manager who is the Chief Administrative Officer of the City. He or she is responsible for carrying out the policy of the Board. His or her duties and salary must be fixed by the Board.

      2.  The Manager may appoint such clerical personnel and create such administrative positions as he or she considers necessary, subject to the review and approval of the Board.

      (Ch. 213, Stats. 1969 p. 301; A—Ch. 118, Stats. 1985 p. 476; Ch. 341, Stats. 1999 p. 1408)

      Sec. 3.030  Clerk: Duties; salary.

      1.  The provisions of chapter 246 of NRS apply to the Office of Clerk, except that all deputy clerks other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the Merit Personnel System.

      2.  The Clerk shall:

      (a) Keep the corporate seal and all books and papers belonging to Carson City.

      (b) Attend all meetings of the Board and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval of the journal at each meeting of the Board, the Clerk shall attest the journal after it has been signed by the Mayor.

      (c) Enter in the journal the results of the vote of the Board upon the passage of ordinances or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.

      (d) Act as ex officio Recorder. The provisions of chapter 247 of NRS apply to the Clerk while acting in that capacity, except that all deputy recorders other than the two provided for in section 2.330 must be appointed pursuant to and as governed by the regulations for the Merit Personnel System.

      (e) Serve as Public Administrator without additional salary. The provisions of chapter 253 of NRS apply to the Office of Clerk while performing the duties of Public Administrator.

      (f) Perform such other duties as may be required by:

             (1) The Board; or

             (2) The provisions of Nevada Revised Statutes,

Ê which apply to county clerks.

      3.  The Clerk is entitled to an annual salary in the amount specified in NRS 245.043. The Clerk shall not engage in any other business or occupation that creates a conflict of interest between his or her personal interest in the business or occupation and his or her official duties.

      (Ch. 213, Stats. 1969 p. 301; A—Ch. 672, Stats. 1969 p. 1468; Ch. 673, Stats. 1969 p. 1473; Ch. 532, Stats. 1971 p. 1113; Ch. 690, Stats. 1979 p. 1859; Ch. 58, Stats. 1981 p. 150; Ch. 118, Stats. 1985 p. 477; Ch. 23, Stats. 1987 p. 56; Ch. 341, Stats. 1999 p. 1408)

      Sec. 3.040  Recorder: Duties.

      1.  The provisions of chapter 247 of NRS apply to the Clerk as ex officio Recorder, except that all deputy recorders other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the Merit Personnel System.

      2.  The Recorder shall perform such duties as may be imposed by the Board or by the provisions of Nevada Revised Statutes which apply to county recorders.

      3.  No fees may be charged by the Recorder except as provided by law and all such fees are payable in advance, if demanded. If he or she does not receive the fees payable to him or her for services rendered by him or her, he or she may have execution therefor in his or her own name against the person from whom they are due, to be issued from the court, upon the order of the judge or court upon affidavit filed.

      (Ch. 213, Stats. 1969 p. 302; A—Ch. 672, Stats. 1969 p. 1469; Ch. 673, Stats. 1969 p. 1473; Ch. 532, Stats. 1971 p. 1114; Ch. 690, Stats. 1979 p. 1860; Ch. 58, Stats. 1981 p. 151; Ch. 23, Stats. 1987 p. 57)

      Sec. 3.045  Treasurer: Duties; salary.

      1.  The provisions of chapter 249 of NRS apply to the Office of Treasurer, except that all deputy treasurers other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the Merit Personnel System.

      2.  The Treasurer shall:

      (a) Invest all surplus money of Carson City.

      (b) Keep a record of the cash balance and reconcile it with the Controller’s records monthly.

      (c) Perform such other duties as may be required by:

             (1) The Board; or

             (2) The provisions of Nevada Revised Statutes,

Ê which apply to county treasurers.

      (d) Establish and maintain a policy for the investment of the surplus money of Carson City. The Board of Supervisors shall review the policy at least once each year at a public hearing at which public comment is accepted.

      3.  The Treasurer is entitled to an annual salary in the amount specified in NRS 245.043. The Treasurer shall not engage in any other business or occupation that creates a conflict of interest between his or her personal interest in the business or occupation and his or her official duties.

      (Added—Ch. 23, Stats. 1987 p. 58; A—Ch. 535, Stats. 1993 p. 2240; Ch. 341, Stats. 1999 p. 1409)

      Sec. 3.050  Assessor: Duties; salary.

      1.  The provisions of chapter 250 of NRS apply to the Office of Assessor, except that all deputy assessors other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the Merit Personnel System.

      2.  The Assessor shall perform such other duties as may be required by:

      (a) The Board; or

      (b) The provisions of Nevada Revised Statutes,

Ê which apply to county assessors.

      3.  The Assessor is entitled to an annual salary in the amount specified in NRS 245.043. The Assessor shall not engage in any other business or occupation that creates a conflict of interest between his or her personal interest in the business or occupation and his or her official duties.

      (Ch. 213, Stats. 1969 p. 302; A—Ch. 672, Stats. 1969 p. 1469; Ch. 673, Stats. 1969 p. 1474; Ch. 690, Stats. 1979 p. 1861; Ch. 341, Stats. 1999 p. 1409)

      Sec. 3.060  Sheriff: Duties; salary.

      1.  The provisions of chapter 248 of NRS apply to the Office of Sheriff, except that all deputy sheriffs except any deputy sheriff who is one of the six employees designated by the Sheriff as described in section 2.330 must be appointed pursuant to and are governed by the regulations for the Merit Personnel System.

      2.  The Sheriff shall:

      (a) Diligently enforce all ordinances of Carson City.

      (b) Perform such other duties as may be required by:

             (1) The Board; or

             (2) The provisions of Nevada Revised Statutes,

Ê which apply to county sheriffs.

      3.  The Sheriff is not answerable upon his or her official bond for the conduct of deputies appointed pursuant to the provisions of this Charter, but the Board may require of such deputies such bonds as it may deem proper.

      4.  The Sheriff is entitled to an annual salary in the amount specified in NRS 245.043. The Sheriff shall not engage in any other business or occupation that creates a conflict of interest between his or her personal interest in the business or occupation and his or her official duties.

      (Ch. 213, Stats. 1969 p. 302; A—Ch. 672, Stats. 1969 p. 1470; Ch. 673, Stats. 1969 p. 1474; Ch. 690, Stats. 1979 p. 1861; Ch. 341, Stats. 1999 p. 1410; Ch. 238, Stats. 2007 p. 815)

      Sec. 3.070  District Attorney: Duties; salary.

      1.  The provisions of chapter 252 of NRS apply to the Office of District Attorney for Carson City but:

      (a) All deputy district attorneys serve at the pleasure of the District Attorney; and

      (b) Deputy district attorneys shall not engage in the private practice of law after July 1, 1979.

      2.  The District Attorney shall perform such other duties as may be required by:

      (a) The Board; or

      (b) The provisions of Nevada Revised Statutes,

Ê which apply to county district attorneys.

      3.  The District Attorney may, subject to the approval of the Board, contract for the services of special deputy district attorneys.

      4.  The District Attorney is entitled to an annual salary in the amount specified in NRS 245.043.

      5.  The District Attorney shall not engage in the private practice of law or any other business or occupation that creates a conflict of interest between his or her personal interest in the business or occupation and his or her official duties.

      (Ch. 213, Stats. 1969 p. 303; A—Ch. 672, Stats. 1969 p. 1470; Ch. 673, Stats. 1969 p. 1475; Ch. 690, Stats. 1979 p. 1861; Ch. 58, Stats. 1981 p. 152; Ch. 341, Stats. 1999 p. 1410)

      Sec. 3.073  Controller: Appointment; compensation; duties.

      1.  The Manager, with the confirmation of the Board, shall appoint a Controller. If there is no Manager the Board shall appoint the Controller. The Controller’s salary must be fixed by the Board.

      2.  The Controller:

      (a) Is the Chief Fiscal Officer of Carson City under the direction of the Manager, or the Board if there is no Manager.

      (b) Shall perform all of the duties required by county auditors by chapter 251 of NRS and other applicable state law. Particularly he or she shall comply with the provisions of subsection 4 of NRS 251.030, it being the intention of the Legislature that only one set of books be kept for Carson City.

      (c) Shall establish, with the approval of the Board, such bookkeeping controls and accounting systems as are necessary to carry out effectively the duties of his or her office.

      (d) Shall keep an accurate account of all warrants and orders in such manner that the Board can, at any time, ascertain the actual indebtedness of Carson City.

      (e) As directed by the Board, shall audit all books and records of any fund or department and report the findings to the Board.

      (f) Shall prepare and maintain an accounting procedures manual for all departments and offices of Carson City.

      (g) Shall assist in the preparation of the budget.

      (h) Shall prepare cash flow projections for the purpose of assisting the Treasurer in investing excess funds.

      (i) Shall reconcile cash balances with the Treasurer's cash balance monthly.

      (j) Shall perform other duties as directed by the Manager.

      (Added—Ch. 690, Stats. 1979 p. 1862; A—Ch. 58, Stats. 1981 p. 152)

      Sec. 3.075  Internal Auditor: Appointment; compensation; duties.

      1.  The Board shall appoint a part-time or full-time Internal Auditor and fix his or her compensation. The Internal Auditor shall report directly to the Board.

      2.  The Internal Auditor shall:

      (a) Investigate each office and department of Carson City to determine compliance with the Accounting Procedures Manual.

      (b) Recommend changes in accounting procedures which would, in the opinion of the Internal Auditor, improve efficiency of internal controls.

      (c) Conduct special investigations at the direction of the Board into any financial matter of any office or department of Carson City.

      (d) Perform other duties as directed by the Board.

      (Added—Ch. 690, Stats. 1979 p. 1862)

      Sec. 3.077  Office of Purchasing and Contracts; Director.

      1.  The Board may create in Carson City an Office of Purchasing and Contracts to be administered by a Director of Purchasing and Contracts appointed by the Manager. If there is no Manager, the Board may appoint the Director of Purchasing and Contracts. The salary of the Director must be fixed by the Board.

      2.  If an Office of Purchasing and Contracts is created, the Director of Purchasing and Contracts shall:

      (a) Administer the purchasing and contracts programs of Carson City, including the preparation, award and acceptance of formal contracts, agreements and construction bids and the purchase of materials, equipment, supplies and professional services for all offices and departments of Carson City.

      (b) Comply with the provisions of the Local Government Purchasing Act.

      (c) Within the limits of available money, maintain an inventory of supplies that are used on a repeated basis.

      (d) With the assistance of the Controller, establish procedures for emergency purchases of materials, equipment and supplies by individual offices and departments.

      (e) Perform other duties as directed by the Manager.

      (Added—Ch. 690, Stats. 1979 p. 1863; A—Ch. 535, Stats. 1993 p. 2240; Ch. 72, Stats. 2001 p. 521)

      Sec. 3.080  Officers: Duties imposed by Nevada Revised Statutes.  Wherever any provision of Nevada Revised Statutes imposes any duty or grants any right to any official of a city or county, such duty or right shall be vested in the equivalent official of Carson City.

      (Ch. 213, Stats. 1969 p. 303)

      Sec. 3.090  Officers: Absence from office.  If any appointive officer removes his or her office from Carson City, or absents himself or herself therefrom for more than 30 days without leave of the Board of Supervisors, the Board shall declare his or her office to be vacant and the vacancy must be filled by appointment as provided in this Charter.

      (Ch. 213, Stats. 1969 p. 303; A—Ch. 58, Stats. 1981 p. 153)

      Sec. 3.100  Officers: Collection and disposition of moneys.

      1.  All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person pursuant to the provisions of this Charter or of any valid ordinance of Carson City shall be paid by the officer or person collecting or receiving them to the Treasurer, who shall dispose of them in accordance with ordinances, regulations and procedures established by the Board.

      2.  The Board may by proper legal action collect all moneys which are due and unpaid to Carson City or any office thereof, and the Board may pay from the General Fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.

      (Ch. 213, Stats. 1969 p. 303; A—Ch. 690, Stats. 1979 p. 1863)

      Sec. 3.110  Claims against Carson City: Procedure for payment.  All claims for fees or expenses necessarily or properly incurred by Carson City shall be allowed or disallowed in accordance with procedures established by the Board of Supervisors.

      (Ch. 213, Stats. 1969 p. 303)

      Sec. 3.120  Official’s bonds.

      1.  All appointive officers of Carson City, acting, ex officio or otherwise, under the provisions of this Charter, shall be liable and accountable on their official bonds for their acts and neglects respecting the provisions of this Charter, but the Board shall require from them such further or additional security as may be necessary from time to time.

      2.  The Board shall require from all other officers and employees of Carson City, constituted or appointed under this Charter, except supervisors, sufficient security for the faithful and honest performance of their respective duties, and they may require such bonds or security from all officers and employees of Carson City who receive any salary or compensation, at any time, if they see fit.

      (Ch. 213, Stats. 1969 p. 303)

      Sec. 3.130  Removal of officers.  If any officer neglects or refuses on demand to give the bond or security required by section 3.120, or is guilty of any malpractice or malfeasance in office, or becomes so intoxicated or subject to the influence of intoxicating beverages or narcotics as to be unable to perform the duties of his or her office, the Board may declare the respective office vacant and fill the vacancy so caused as provided in section 2.030.

      (Ch. 213, Stats. 1969 p. 304)

      Sec. 3.140  Officers: Removal from public board.  The following officers may not continue to serve as representatives on a public board, if they obtained such position by virtue of their elected office, after their term in office has expired:

      1.  The Mayor;

      2.  A supervisor;

      3.  The Clerk;

      4.  The Treasurer;

      5.  The Assessor;

      6.  The Sheriff; and

      7.  The District Attorney.

      (Added—Ch. 72, Stats. 2001 p. 520)

ARTICLE 4 - Judicial Department

      Sec. 4.010  Justice Court; Carson City.

      1.  All provisions of NRS relating to justice courts shall apply to the Justice Court of Carson City.

      2.  There shall be one township in Carson City, which shall be conterminous with the boundaries of Carson City.

      (Ch. 213, Stats. 1969 p. 304)

      Sec. 4.030  Municipal Court: Judges.

      1.  The justices of the peace of Carson City are ex officio judges of the Municipal Court of Carson City which consists of at least two departments.

      2.  The Board of Supervisors may by ordinance establish a third department of the Municipal Court. The judge of this department must be:

      (a) A resident of Carson City for a continuous 6-month period immediately preceding his or her election.

      (b) A qualified elector.

      3.  If a third department of the Municipal Court is established, the municipal judge elected for that department serves for a term of 6 years.

      4.  The Board may appoint a municipal judge for a part-time or temporary position. The Board shall establish the hours of service for this position.

      5.  The salary of the judges of the Municipal Court must be fixed by the Board and be paid in the same manner as provided for other elected officers.

      (Ch. 213, Stats. 1969 p. 304; A—Ch. 517, Stats. 1979 p. 1000; Ch. 313, Stats. 1983 p. 756; Ch. 118, Stats. 1985 p. 477; Ch. 96, Stats. 1997 p. 182)

ARTICLE 5 - Elections

      Sec. 5.005  Nonpartisan offices.  The offices of Carson City which are required to be filled by election are hereby designated nonpartisan offices.

      (Added—Ch. 690, Stats. 1979 p. 1863)

      Sec. 5.010  Primary election.

      1.  A primary election must be held on the date fixed by the election laws of this state for statewide elections, at which time there must be nominated candidates for offices to be voted for at the next general election.

      2.  A candidate for any office to be voted for at any primary election must file a declaration of candidacy as provided by the election laws of this state.

      3.  All candidates for the office of Mayor and Supervisor, and candidates for the office of Municipal Judge if a third department of the Municipal Court has been established, must be voted upon by the registered voters of Carson City at large.

      4.  If only two persons file for a particular office, their names must not appear on the primary ballot but their names must be placed on the ballot for the general election.

      5.  If in the primary election one candidate receives more than a majority of votes cast in that election for the office for which he or she is a candidate, his or her name alone must be placed on the ballot for the general election. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest numbers of votes must be placed on the ballot for the general election.

      (Ch. 213, Stats. 1969 p. 304; A—Ch. 532, Stats. 1971 p. 1115; Ch. 517, Stats. 1979 p. 1001; Ch. 96, Stats. 1997 p. 182; Ch. 686, Stats. 1997 p. 3478; Ch. 100, Stats. 1999 p. 271)

      Sec. 5.020  General election.

      1.  A general election must be held in Carson City on the first Tuesday after the first Monday in November 1970, and on the same day every 2 years thereafter, at which time there must be elected such officers, the offices of which are required next to be filled by election.

      2.  All candidates for the office of Mayor and Supervisor, and all candidates for the office of Municipal Judge if a third department of the Municipal Court has been established, must be voted upon by the registered voters of Carson City at large.

      (Ch. 213, Stats. 1969 p. 305; A—Ch. 517, Stats. 1979 p. 1001; Ch. 96, Stats. 1997 p. 183)

      Sec. 5.030  Applicability of state election laws; elections under Board control.

      1.  All elections which are held under this Charter are governed by the provisions of the election laws of this State, as far as those laws can be made applicable and are not inconsistent with this Charter.

      2.  The conduct of all municipal elections is under the control of the Clerk. For the conduct of municipal elections, for the prevention of fraud in those elections and for the recount of ballots in cases of doubt or fraud, the Board shall adopt by ordinance all regulations which it considers desirable and consistent with law and this Charter.

      (Ch. 213, Stats. 1969 p. 305; A—Ch. 118, Stats. 1985 p. 478)

      Sec. 5.040  Qualifications, registration of voters.

      1.  Every person who resides within Carson City at the time of holding any municipal election, and whose name appears upon the official register of voters in and for Carson City, is entitled to vote at each municipal election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special city elections, except as otherwise provided in this article.

      2.  Nothing herein shall be so construed as to deny or abridge the power of the Board to provide for a supplemental registration.

      (Ch. 213, Stats. 1969 p. 305)

      Sec. 5.050  Names on ballots.

      1.  The full names of all candidates, except those who have withdrawn, died or become ineligible, must be printed on the official ballots without party designation or symbol.

      2.  If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion and:

      (a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot; or

      (b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.

      (Ch. 213, Stats. 1969 p. 305; A—Ch. 312, Stats. 2003 p. 1729)

      Sec. 5.060  Ballots for ordinances and Charter amendments.  An ordinance or Charter amendment to be voted on in Carson City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: “Shall the above-described (ordinance) (amendment) be adopted?” The ballot or voting machine or device shall be so marked as to indicate clearly in what manner the voter may cast his or her vote either for or against the ordinance or amendment.

      (Ch. 213, Stats. 1969 p. 305)

      Sec. 5.070  Availability of list of registered voters.  If, for any purpose relating to a municipal election or to the candidates or issues involved in that election, any organization, group or person requests a list of the registered voters of Carson City, the department, office or agency which has custody of the official register of voters shall, except as otherwise provided in NRS 293.5002 and 293.558:

      1.  Permit the organization, group or person to copy the voters’ names and addresses from the official register of voters; or

      2.  Furnish the list upon payment of the fee which is prescribed in chapter 293 of NRS.

      (Ch. 213, Stats. 1969 p. 305; A—Ch. 118, Stats. 1985 p. 478; Ch. 581, Stats. 2001 p. 2971; Ch. 470, Stats. 2005 p. 2303)

      Sec. 5.080  Watchers and challengers.  A candidate is entitled, upon written application to the election authorities at least 5 days before the election, to appoint two persons to represent him or her as watchers and challengers at each polling place where voters may cast their ballots for him or her. A person so appointed has all the rights and privileges prescribed by watchers and challengers under the election laws of this state. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.

      (Ch. 213, Stats. 1969 p. 306)

      Sec. 5.090  Voting machines.  The Board may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law or regulations of the Secretary of State.

      (Ch. 213, Stats. 1969 p. 306)

      Sec. 5.100  Election returns; canvass; certificates of election; entry of officers upon duties.

      1.  The election returns from any special, primary or general municipal election shall be filed with the Clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the Board.

      2.  The Board shall meet within 10 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the Clerk for 6 months and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the Board.

      3.  The Clerk, under his or her hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in January next following their election.

      (Ch. 213, Stats. 1969 p. 306; A—Ch. 189, Stats. 1977 p. 354)

      Sec. 5.110  Contest of election.  A contested election for any municipal office shall be determined according to the law of the State regulating proceedings in contested elections in county offices.

      (Ch. 213, Stats. 1969 p. 306)

ARTICLE 6 - Local Improvements

      Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection 2 of section 2.270 and section 2.272, the Board may acquire, improve, equip, operate and maintain, convert to or authorize:

      1.  Curb and gutter projects;

      2.  Drainage projects;

      3.  Off-street parking projects;

      4.  Overpass projects;

      5.  Park projects;

      6.  Sanitary sewer projects;

      7.  Security walls;

      8.  Sidewalk projects;

      9.  Storm sewer projects;

      10.  Street projects;

      11.  Underground electric and communication facilities;

      12.  Underpass projects; and

      13.  Water projects.

      (Ch. 213, Stats. 1969 p. 306; A—Ch. 306, Stats. 1973 p. 378; Ch. 690, Stats. 1979 p. 1864; Ch. 361, Stats. 1983 p. 872; Ch. 425, Stats. 1983 p. 1059; Ch. 565, Stats. 1997 p. 2751; Ch. 416, Stats. 2001 p. 2096)

      Sec. 6.020  Local improvement law: Collateral powers.  The Board, for the purposes of defraying all the cost of acquiring or improving, or acquiring and improving, or converting to, any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS. The obligations imposed by NRS 271.495 and 271.500 apply to Carson City as a whole.

      (Ch. 213, Stats. 1969 p. 307; A—Ch. 306, Stats. 1973 p. 378; Ch. 690, Stats. 1979 p. 1864; Ch. 425, Stats. 1983 p. 1060)

ARTICLE 7 - Local Bonds and Franchises

      Sec. 7.010  Debt limit.

      1.  Carson City shall not incur an indebtedness for the City as a whole which with the indebtedness then outstanding for the City as a whole exceeds 15 percent of the total assessed valuation of the taxable property within the boundaries of the City, as shown by the last preceding assessment for general (ad valorem) tax purposes. Indebtedness incurred by Ormsby County before the effective date of this Charter must be considered in determining the debt limitation of the City as a whole.

      2.  Any indebtedness of Carson City incurred before the effective date of this Charter, or of the taxing district or districts which incorporate the former urban district, must not be considered in determining the debt limitation of the City as a whole.

      3.  In determining any debt limitation under this section, the following is not counted as indebtedness:

      (a) Any revenue bonds, unless the full faith and credit of the City is also pledged to their payment.

      (b) Any special assessment bonds, although a deficiency in the proceeds of the assessments is required to be paid from the General Fund of the City.

      (c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.

      (Ch. 213, Stats. 1969 p. 307; A—Ch. 690, Stats. 1979 p. 1864; Ch. 313, Stats. 1983 p. 757; Ch. 425, Stats. 1983 p. 1060)

      Sec. 7.020  Acquisition, operation of municipal utilities, facilities and franchises.  Except as otherwise provided in subsection 2 of section 2.270 and section 2.272, Carson City may, in the manner and for the purposes provided in this Charter and Nevada Revised Statutes as they apply to cities and counties, grant franchises and acquire in any manner any public utility, airport, municipal hall, cemetery, fire station or other public building, park, recreation center and necessary equipment for municipal departments (such acquisitions hereafter sometimes referred to in this article as “facilities” or “projects”), and hold, manage and operate them either alone or jointly with any level of government or instrumentality or subdivision thereof.

      (Ch. 213, Stats. 1969 p. 308; A—Ch. 565, Stats. 1997 p. 2751; Ch. 416, Stats. 2001 p. 2097)

      Sec. 7.030  Borrowing money.

      1.  Subject to the limitations imposed by this article, Carson City may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this chapter or by Nevada Revised Statutes for a city or county or both, and for such purpose may issue bonds or other securities. The Local Government Securities Law applies to all securities so issued.

      2.  Any ordinance pertaining to the sale or issuance of bonds or other securities may be adopted in the same manner as is provided for cases of emergency. A declaration by the Board in any ordinance that it is of this kind is conclusive in the absence of fraud or gross abuse of discretion.

      (Ch. 213, Stats. 1969 p. 308; A—Ch. 305, Stats. 1975 p. 420; Ch. 690, Stats. 1979 p. 1865; Ch. 313, Stats. 1983 p. 758)

      Sec. 7.050  Bonded indebtedness of Ormsby County and Carson City.

      1.  The bonded indebtedness of Ormsby County incurred before the effective date of this Charter continues to be an obligation of Carson City and the Board shall continue annually to levy a special tax on all the taxable property within Carson City and shall cause it to be collected until all such bonded indebtedness is retired in full.

      2.  The bonded indebtedness of Carson City incurred prior to the effective date of this Charter continues to be an obligation of the former urban district and the Board shall continue annually to levy a special tax on all the taxable property within that district and shall cause it to be collected until all such bonded indebtedness is retired in full.

      (Ch. 213, Stats. 1969 p. 309; A—Ch. 690, Stats. 1979 p. 1866; Ch. 425, Stats. 1983 p. 1061)

      Sec. 7.060  Bonds of Ormsby County and Carson City declared valid.  All bonds of Ormsby County and Carson City which have previously been authorized or issued pursuant to law, and which are now outstanding and have not been declared invalid by a court of competent jurisdiction, are hereby validated and declared to be legal and binding obligations in accordance with their terms, notwithstanding any question as to the validity of such bonds which could have been raised except for the adoption of this Charter.

      (Ch. 213, Stats. 1969 p. 309)

ARTICLE 8 - Revenue

      Sec. 8.010  Municipal taxes.

      1.  The Board shall annually, at the time prescribed by law for levying taxes for State and County purposes, levy taxes at the appropriate rates upon the assessed value of all real and personal property within Carson City. The taxes so levied must be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the State for the collection of State and County taxes. The revenue laws of the State are, in every respect not inconsistent with the provisions of this Charter, applicable to the levying, assessing and collecting of the municipal taxes.

      2.  For the purposes of the equalization of assessments, the rights of Carson City and the inhabitants thereof must be protected in the same manner and to the same extent by the action of the Board of Equalization as are the State and the several counties.

      3.  Whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing and collecting the revenues of the State and the several counties must, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of Carson City. The Board shall enact all such ordinances as it may deem necessary and not inconsistent with this Charter and the laws of the State for the prompt, convenient and economical collecting of the revenue.

      (Ch. 213, Stats. 1969 p. 309; A—Ch. 690, Stats. 1979 p. 1866; Ch. 425, Stats. 1983 p. 1061)

      Sec. 8.020  Revenue ordinances.  The Board shall have full power to pass and enact all ordinances necessary to carry into effect the revenue laws in Carson City and to enlarge, fix and determine the powers and duties of all officers in relation thereto.

      (Ch. 213, Stats. 1969 p. 309)

ARTICLE 8A - Local Sales and Use Tax for Open Spaces, Parks, Trails and Recreational Facilities

      Sec. 8A.010  Definitions.  Except as otherwise provided in this article or where the context otherwise requires, terms used or referred to in this article have the meanings ascribed to them in chapter 374 of NRS, as from time to time amended; but the definitions in sections 8A.020 to 8A.060, inclusive, except where the context otherwise requires, govern the construction of this article.

      (Added—Ch. 16, Stats. 1997 p. 42; A—Ch. 37, Stats. 1999 p. 86)

      Sec. 8A.020  “Department” defined.  “Department” means the Department of Taxation.

      (Added—Ch. 16, Stats. 1997 p. 42)

      Sec. 8A.030  “Open space” defined.  “Open space” means real property that is undeveloped or partially developed natural landscape, including, but not limited to, ridges, stream corridors, natural shoreline, scenic areas, watershed areas, viewsheds, agricultural or other land devoted exclusively to open-space use, conservation easements and easements devoted or connecting to open-space use.       (Added—Ch. 16, Stats. 1997 p. 42)

      Sec. 8A.040  “Park” defined.  “Park” means real property designed to serve the recreational and outdoor needs of natural persons.

      (Added—Ch. 16, Stats. 1997 p. 42)

      Sec. 8A.050  “Recreational facility” defined.  “Recreational facility” means personal property and improvements to real property for athletic and leisure activities and all appurtenant or customary facilities and uses associated therewith.

      (Added—Ch. 16, Stats. 1997 p. 42)

      Sec. 8A.060  “Trail” defined.  “Trail” means a path for recreational or leisure activities through or connecting open space, parks or recreational facilities for use by nonmotorized traffic. The term includes a path or additional lane for bicycles.

      (Added—Ch. 16, Stats. 1997 p. 42)

      Sec. 8A.070  Imposition of tax; use of proceeds.

      1.  The Board may enact an ordinance imposing a local sales and use tax for the acquisition, development, construction, equipping, operation, maintenance, improvement and management of open spaces, parks, trails and recreational facilities located within Carson City.

      2.  The proceeds from the tax imposed pursuant to this article and the interest and other income earned on the proceeds of the tax must be used as follows:

      (a) Forty percent of the proceeds of the tax, including interest and other income, may be used for the acquisition, development, construction, equipping, improvement, maintenance and management of real property for open spaces.

      (b) Except as otherwise provided in paragraph (e), 40 percent of the proceeds of the tax, including interest and other income, may be used for the acquisition, development, construction, equipping and improvement of parks, trails and recreational facilities.

      (c) Twenty percent of the proceeds of the tax, including interest and other income, may be used for the operation, maintenance and management of parks, trails and recreational facilities.

      (d) Except as otherwise provided in paragraph (e), the Board may authorize expenditures in an amount that varies from the percentage stated in paragraphs (a), (b) and (c) by not more than 2 percent for each use.

      (e) If operation, maintenance and management expenses for parks, trails and recreational facilities do not equal or exceed 20 percent of the proceeds of the tax, including interest and other income, the balance of the proceeds of the tax, including interest and other income, authorized in paragraph (c) may be used for the acquisition, development, construction, equipping and improvement of parks, trails and recreational facilities in addition to the amount authorized in paragraph (b).

      (f) At the end of a fiscal year, the proceeds of the tax, including interest and other income, not expended or otherwise obligated for the purposes set forth in this section must be carried forward and become part of the total proceeds of the tax, including interest and other income, available in the next fiscal year.

      3.  The Board shall submit to the voters any proposal to change the previously approved uses for the proceeds of the tax, including interest and other income.

      (Added—Ch. 16, Stats. 1997 p. 42)

      Sec. 8A.080  Required provisions of ordinance.  An ordinance enacted pursuant to this article, except an ordinance authorizing the issuance of bonds or other securities, must include provisions in substance as follows:

      1.  A provision imposing a tax of not more than one-quarter of 1 percent of the gross receipts of any retailer from the sale of all personal property sold at retail, or stored, used or otherwise consumed in Carson City.

      2.  Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

      3.  A provision that an amendment to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this article, automatically becomes a part of the ordinance imposing the tax.

      4.  A provision that the Board shall contract before the effective date of the ordinance with the Department to perform all the functions incident to the administration or operation of the tax in Carson City.

      5.  A provision that a purchaser is entitled to a refund, in accordance with the provisions of NRS 374.635 to 374.720, inclusive, of the amount of the tax required to be paid that is attributable to the tax imposed upon the sale of tangible personal property used for the performance of a written contract for the construction of an improvement to real property:

      (a) That was entered into on or before the effective date of the tax; or

      (b) For which a binding bid was submitted before that date if the bid was afterward accepted,

Ê and pursuant to the terms of the contract or bid, the contract price or bid amount may not be adjusted to reflect the imposition of the tax.

      6.  A provision that specifies the date on which the tax is first imposed or on which any changes in the rate of the tax becomes effective, which must be the first day of the first calendar quarter that begins at least 120 days after the effective date of the ordinance.

      (Added—Ch. 16, Stats. 1997 p. 43; A—Ch. 400, Stats. 2003 p. 2391; Ch. 421, Stats. 2005 p. 1778)

      Sec. 8A.090  Amendatory ordinances.  An ordinance amending an ordinance enacted pursuant to this article, except an ordinance authorizing the issuance of bonds or other securities, must include a provision in substance that Carson City shall amend a contract made pursuant to subsection 4 of section 8A.080 by a contract made between the Board and the Department before the effective date of the amendatory ordinance, unless the Board determines with the written concurrence of the Department that no such amendment of the contract is needed.

      (Added—Ch. 16, Stats. 1997 p. 44)

      Sec. 8A.100  Payment of proceeds of tax to Department; distribution of proceeds.

      1.  All fees, taxes, interest and penalties imposed and all amounts of a tax required to be paid to Carson City pursuant to this article must be paid to the Department in the form of remittances payable to the Department.

      2.  The Department shall deposit the payments with the State Treasurer for credit to the Sales and Use Tax Account in the State General Fund.

      3.  The State Controller, acting upon the collection data furnished by the Department, shall monthly:

      (a) Transfer from the Sales and Use Tax Account to the appropriate account in the State General Fund 1.75 percent of all fees, taxes, interest and penalties collected pursuant to this article during the preceding month as compensation to the State for the cost of collecting the tax.

      (b) Determine the amount equal to all fees, taxes, interest and penalties collected in or for Carson City pursuant to this article during the preceding month, less the amount transferred to the State General Fund pursuant to paragraph (a).

      (c) Transfer the amount determined pursuant to paragraph (b) to the Intergovernmental Fund and remit the money to the Treasurer for Carson City.

      (Added—Ch. 16, Stats. 1997 p. 44; A—Ch. 387, Stats. 2009 p. 2097)

      Sec. 8A.110  Redistribution of proceeds of tax by Department.  The Department may redistribute any tax proceeds, interest or penalty collected pursuant to this article which is determined to be improperly distributed, but no such redistribution may be made as to amounts originally distributed more than 6 months before the date on which the Department obtains knowledge of the improper distribution.

      (Added—Ch. 16, Stats. 1997 p. 44)

      Sec. 8A.120  Creation of fund for use of proceeds from tax.

      1.  The Treasurer for Carson City shall deposit money received from the State Controller pursuant to paragraph (c) of section 8A.100 into the Treasury of Carson City for credit to the fund created for the use of the proceeds from the tax authorized by this article.

      2.  The fund of Carson City created for the use of the proceeds from the tax authorized by this article must be accounted for as a separate fund and not as a part of any other fund.

      (Added—Ch. 16, Stats. 1997 p. 44)

      Sec. 8A.130  Use of proceeds of tax; issuance of bonds and other securities.

      1.  Money for the acquisition, development, construction, equipping, operation, maintenance, improvement and management of open spaces, parks, trails and recreational facilities located within Carson City may be obtained:

      (a) By the issuance of bonds and other securities as provided in subsection 2, subject to any pledges, liens and other contractual limitations made pursuant to this article;

      (b) By direct distribution from the fund created pursuant to section 8A.120; or

      (c) By both the issuance of such securities and by direct distribution, as the Board may determine appropriate.

      2.  The Board may, after the enactment of the ordinance imposing the tax, from time to time issue bonds and other securities, which are general or special obligations of Carson City and that may be secured as to principal and interest by a pledge of the proceeds from the tax authorized by this article.

      3.  An ordinance authorizing the issuance of such a bond or other security must describe the purpose for which the bond or other security is issued.

      (Added—Ch. 16, Stats. 1997 p. 45)

      Sec. 8A.140  Types of securities; pledged revenue.

      1.  For the acquisition, development, construction, equipping, operation, maintenance, improvement and management of open spaces, parks, trails and recreational facilities authorized by this article, the Board may issue:

      (a) General obligation bonds;

      (b) General obligation bonds for which payment is additionally secured by a pledge of the proceeds of the tax imposed pursuant to this article, and if so determined by the Board, further secured by a pledge of the gross or net revenues derived from the operation of the recreational facilities, and any other project of the City which produces income, or from any license fees or other excise taxes imposed for revenue by the City, or otherwise, as may be legally made available for payment of the bonds;

      (c) Revenue bonds for which payment is solely secured by a pledge of the proceeds of the tax imposed pursuant to this article, and if so determined by the Board, further secured by a pledge of the gross or net revenues derived from the operation of the recreational facilities, and any other project of the City which produces income, or from any license fees or other excise taxes imposed for revenue by the City, or otherwise, as may be legally made available for payment of the bonds; and

      (d) Medium-term obligations pursuant to NRS 350.087 to 350.095, inclusive.

      2.  Money pledged to the payment of bonds or other securities pursuant to subsection 1 may be treated for the purposes of subsection 3 of NRS 350.020 as pledged revenue for the uses authorized by this article.

      (Added—Ch. 16, Stats. 1997 p. 45; A—Ch. 456, Stats. 2001 p. 2337)

      Sec. 8A.150  Impairment of obligations prohibited.  The Board shall not repeal or amend or otherwise directly or indirectly modify the ordinance imposing the tax authorized by this article in such a manner as to impair an outstanding bond issued pursuant to this article, or other obligations incurred pursuant to this article, until all obligations for which revenue from an ordinance have been pledged or otherwise made payable from such revenue pursuant to this article have been discharged in full or provision for full payment and redemption has been made.

      (Added—Ch. 16, Stats. 1997 p. 46)

      Sec. 8A.160  Department may act for Carson City in certain actions.  In a proceeding arising from an ordinance imposing a tax pursuant to this article, the Department may act for and on behalf of Carson City.

      (Added—Ch. 16, Stats. 1997 p. 46)

      Sec. 8A.170  Construction of article.

      1.  The powers conferred by this article are in addition and supplemental to, and not in substitution for, the powers conferred by any other law and the limitations imposed by this article do not affect the powers conferred by any other law.

      2.  This article must not be construed to prevent the exercise of any power granted by any other law to Carson City or any officer, agent or employee of the City.

      3.  This article must not be construed to repeal or otherwise affect any other law or part thereof.

      4.  This article is intended to provide a separate method of accomplishing the objectives of the article but not an exclusive method.

      (Added—Ch. 16, Stats. 1997 p. 46)

ARTICLE 9 - Miscellaneous Provisions

      Sec. 9.010  Severability of provisions.  If any portion of this Charter is by any reason held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Charter. The Legislature hereby declares that it would have passed the Charter and each portion thereof, irrespective of the portion which may be deemed unconstitutional or otherwise invalid.

      (Ch. 213, Stats. 1969 p. 310)

      Sec. 9.020  Effective date.

      1.  This Charter shall become effective upon passage and approval only for the purposes of conducting the preliminary municipal elections in May and June 1969, as provided by section 10.020. All officers of Carson City and Ormsby County in office prior to the effective date of this Charter shall perform all acts required for the proper conduct of such preliminary municipal elections in May and June 1969.

      2.  For all other purposes, this Charter shall become effective at 12 m. on July 1, 1969.

      (Ch. 213, Stats. 1969 p. 310)