[Rev. 11/20/2013 4:40:04 PM--2013]

CALIENTE CITY CHARTER

Chapter 31, Statutes Of Nevada 1971

AN ACT incorporating the City of Caliente, in Lincoln County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto.

[Approved March 9, 1971]

ARTICLE I - Incorporation of City; General Powers; Boundaries; Annexations; City Offices

      Section 1.010  Preamble: Legislative intent.

      1.  In order to provide for the orderly government of the City of Caliente and the general welfare of its citizens the Legislature hereby establishes this Charter for the government of the City of Caliente. It is expressly declared as the intent of the Legislature that all provisions of this Charter be liberally construed to carry out the express 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 by the general law of this state. All provisions of Nevada Revised Statutes which are applicable generally to cities (not including, unless otherwise expressly mentioned in this Charter, chapter 265, 266 or 267 of NRS) which are not in conflict with the provisions of this Charter apply to the City of Caliente.

      (Ch. 31, Stats. 1971 p. 55)

      Sec. 1.020  Incorporation of City.

      1.  All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 1.030 shall constitute a political and corporate body by the name of “City of Caliente” and by that name they and their successors shall be known in law, have perpetual succession and may sue and be sued in all courts.

      2.  Whenever used throughout this Charter, “City” means the City of Caliente.

      (Ch. 31, Stats. 1971 p. 55)

      Sec. 1.030  Description of territory.  The territory embraced in the City is that certain land described in the official plat required by NRS 234.250 to be filed with the County Recorder and County Assessor of Lincoln County, as such plat is revised from time to time.

      (Ch. 31, Stats. 1971 p. 55; A—Ch. 282, Stats. 1971 p. 500)

      Sec. 1.040  Annexations.  The City may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to a county whose population is less than 700,000.

      (Ch. 31, Stats. 1971 p. 56; A—Ch. 796, Stats. 1989 p. 1935; Ch. 253, Stats. 2011 p. 1317)

      Sec. 1.050  Elective offices.

      1.  The elective officers of the City consist of:

      (a) A Mayor.

      (b) Four Council Members.

      2.  Such officers shall be elected as provided by this Charter.

      (Ch. 31, Stats. 1971 p. 56; A—Ch. 71, Stats. 1975 p. 81)

      Sec. 1.060  Elective offices: Vacancies.  Except as otherwise provided in NRS 268.325:

      1.  A vacancy in the City Council or in the office of Mayor must be filled by a majority vote of the members of the City Council within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the Council before the vacancy occurs. In such a case, each member of the Council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Council pursuant to this section. The appointee must have the same qualifications as are required of the elected official.

      2.  The appointee shall serve until the next municipal election and his or her successor is elected and qualified. At the time of the election, if a balance remains in the term of office to which the appointee was appointed, the successor may be elected only for the balance of that term.

      (Ch. 31, Stats. 1971 p. 56; A—Ch. 71, Stats. 1975 p. 82; Ch. 854, Stats. 1989 p. 2058; Ch. 515, Stats. 1997 p. 2449)

      Sec. 1.070  Mayor and Council Members not to hold other office.

      1.  The Mayor and Council Members shall not:

      (a) Hold any other elective office or employment with Lincoln County or the City, except as provided by law or as a member of a board or commission for which no compensation is received.

      (b) Be elected or appointed to any office created by or the compensation for which was increased or fixed by the City Council beyond the term for which such person was elected.

      2.  Any person holding any office proscribed by subsection 1 shall automatically forfeit his or her office as Mayor or Council Member.

      (Ch. 31, Stats. 1971 p. 56)

      Sec. 1.080  Appointive offices.

      1.  The City Council may appoint the following officers:

      (a) City Clerk.

      (b) City Marshal.

      (c) Police Judge.

      (d) City Treasurer.

      (e) City Attorney.

      (f) City Physician.

      (g) City Manager.

      2.  The City Council may establish such other offices as it deems necessary, prescribe the responsibilities and salaries thereof and fill such offices by appointment.

      (Ch. 31, Stats. 1971 p. 56)

      Sec. 1.090  Appointive officers: Duties; salary.

      1.  All appointive officers of the City shall perform such duties, under the direction of the City Manager, as the City Council may designate.

      2.  All appointive officers of the City shall receive such salary as may be designated by the City Council.

      (Ch. 31, Stats. 1971 p. 56)

      Sec. 1.100  Officials’ performance bonds.  The City Council may require from all officers and employees of the City constituted or appointed under this Charter, except Council Members, sufficient security for the faithful and honest performance of their respective duties.

      (Ch. 31, Stats. 1971 p. 56)

      Sec. 1.110  Oath of office.  Every person elected or appointed to fill any office shall subscribe to the official oath as provided by the City Council. Every such person shall swear or affirm that he or she is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the City government.

      (Ch. 31, Stats. 1971 p. 57)

ARTICLE II - Legislative Department

      Sec. 2.010  City Council: Qualifications; election; term of office; salary.

      1.  The legislative power of the City is vested in a City Council consisting of five Council Members, including the Mayor.

      2.  The Mayor and each Council Member must be:

      (a) Bona fide residents of the City for at least 2 years immediately prior to their election.

      (b) Qualified electors within the City.

      3.  All Council Members, including the Mayor, must be voted upon by the registered voters of the City at large and shall serve for terms of 4 years except as otherwise provided in section 5.010.

      4.  The Mayor and Council Members shall receive a salary in an amount fixed by the City Council. Such salary must not be increased or diminished during the term of the recipient.

      (Ch. 31, Stats. 1971 p. 57; A—Ch. 71, Stats. 1975 p. 81; Ch. 98, Stats. 1977 p. 202; Ch. 218, Stats. 2011 p. 954)

      Sec. 2.020  City Council: Contracts.  Members of the City Council:

      1.  May vote on any lease, contract or other agreement which extends beyond their terms of office.

      2.  May not have any interest, directly or indirectly, in any lease, contract or other agreement entered into with the City.

      (Ch. 31, Stats. 1971 p. 57)

      Sec. 2.030  City Council: Discipline of members, other persons; subpoena power.

      1.  The City Council 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 City Council.

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

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

      (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. 31, Stats. 1971 p. 57)

      Sec. 2.040  Meetings: Quorum.

      1.  The City Council shall hold at least two regular meetings each month, and by ordinance may provide for additional regular meetings.

      2.  Except as otherwise provided in NRS 241.0355, a majority of all members of the City Council 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.

      3.  Except as otherwise provided by law, all sessions and all proceedings of the City Council must be public.

      (Ch. 31, Stats. 1971 p. 58; A—Ch. 255, Stats. 2001 p. 1129)

      Sec. 2.050  Meetings: Special.

      1.  Special meetings may be held on call of the Mayor or by a majority of the City Council, by giving a minimum of 6 hours’ notice of such special meeting to each member of the City Council prior to the meeting.

      2.  At a special meeting:

      (a) No contract involving the expenditure of money may be made or claim allowed unless notice of the meeting called to consider such action is published in a newspaper of general circulation within the City at least 1 day before such meeting.

      (b) No business may be transacted except such as has been stated in the call of the meeting.

      (c) No ordinance may be passed except an emergency ordinance, or one specified in section 7.040.

      (Ch. 31, Stats. 1971 p. 58)

      Sec. 2.060  Meetings: Time and place; rules.  The City Council may:

      1.  Fix the time and place of its meetings and judge the qualifications and election of its own members.

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

      (Ch. 31, Stats. 1971 p. 58)

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

      (Ch. 31, Stats. 1971 p. 58)

      Sec. 2.080  Powers of City Council: Ordinances, resolutions and orders.

      1.  The City Council 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 the City, and for the execution of all the powers vested in the City.

      2.  When power is conferred upon the City Council to do and perform anything, and the manner of exercising such power is not specifically provided for, the City Council may provide by ordinance the manner and details necessary for the full exercise of such power.

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

      4.  The City Council shall have such powers, not in conflict with the express or implied provisions of this Charter, as are conferred upon the governing bodies of cities organized under the provision of a special charter.

      5.  The City Council shall not pass any ordinance increasing or diminishing the salary of an elective officer during the term for which he or she is elected or appointed.

      (Ch. 31, Stats. 1971 p. 58)

      Sec. 2.090  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 City Council. The style of all ordinances shall be as follows: “The City Council of the City of Caliente does 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. 31, Stats. 1971 p. 59)

      Sec. 2.100  Ordinances: Enactment procedure; emergency ordinances.

      1.  All proposed ordinances when first proposed must be read to the City Council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the City 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, as amended from time to time, and published in the City at least 10 days before the adoption of the ordinance. The City Council shall adopt or reject the ordinance or an amendment thereto, within 30 days after the date of publication.

      2.  At the next regular meeting or adjourned meeting of the City Council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the City Council. Thereafter, 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 7.040, by unanimous consent of the City Council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the City Clerk need be published.

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

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

      (Ch. 31, Stats. 1971 p. 59; A—Ch. 160, Stats. 1983 p. 366)

      Sec. 2.110  Codification of ordinances; publication of Code.

      1.  The City Council may codify and publish a Code of its municipal ordinances in the form of a Municipal Code, which Code may, at the election of the City Council, have incorporated therein a copy of this Charter and such additional data as the City Council may prescribe. When such Code is published, two copies shall be filed with the Librarian at the Supreme Court Law Library.

      2.  The ordinances in the Code shall 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 shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, “An ordinance for codifying and compiling the general ordinances of the City of Caliente.”

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

      (Ch. 31, Stats. 1971 p. 59; A—Ch. 402, Stats. 1971 p. 813; Ch. 669, Stats. 1971 p. 2050; Ch. 344, Stats. 1973 p. 427)

      Sec. 2.120  Powers of City Council: Public property, buildings.

      1.  The City Council may:

      (a) Control the property of the corporation.

      (b) Erect and maintain all buildings necessary for the use of the City.

      (c) Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the City, improve and protect such property, and do all other things in relation thereto which natural persons might do.

      2.  The City Council may not, except as otherwise specifically provided by this Charter or any other law, mortgage, hypothecate or pledge any property of the City for any purpose.

      (Ch. 31, Stats. 1971 p. 60)

      Sec. 2.130  Powers of City Council: Eminent domain.  The City Council may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.

      (Ch. 31, Stats. 1971 p. 60)

      Sec. 2.140  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

      1.  The City Council may:

      (a) Except as otherwise provided in NRS 598D.150 and 640C.100, regulate all businesses, trades and professions.

      (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  The City Council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      (Ch. 31, Stats. 1971 p. 60; A—Ch. 465, Stats. 2003 p. 2896; Ch. 325, Stats. 2005 p. 1140)

      Sec. 2.150  Powers of City Council: Police ordinances.  The City Council may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.

      (Ch. 31, Stats. 1971 p. 60)

      Sec. 2.160  Powers of City Council: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations.  The City Council may:

      1.  Organize, regulate and maintain a Fire Department.

      2.  Provide for the appointment of a Fire Chief and prescribe his or her duties.

      3.  Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the City, and prescribe the distance from any residential or commercial area where it may be kept. Any ordinance adopted pursuant to this subsection 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.

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

      (Ch. 31, Stats. 1971 p. 60; A—Ch. 391, Stats. 1999 p. 1860)

      Sec. 2.170  Powers of City Council: Public health; Board of Health; regulations.  The City Council may:

      1.  Provide for safeguarding public health in the 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. 31, Stats. 1971 p. 60)

      Sec. 2.180  Powers of City Council: Buildings; construction and maintenance regulations; building and safety codes.  The City Council may:

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

      2.  Adopt any building or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary.

      (Ch. 31, Stats. 1971 p. 61)

      Sec. 2.190  Powers of City Council: Zoning and planning.

      1.  The City Council may:

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

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

      2.  The City Council shall carry out the provisions of subsection 1 in the manner prescribed by chapter 278 of NRS, as amended from time to time.

      (Ch. 31, Stats. 1971 p. 61)

      Sec. 2.200  Powers of City Council: Rights-of-way, parks, public buildings and grounds and other public places.  The City Council may:

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

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

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

      4.  Regulate and prevent in all public places:

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

      (b) Any practice tending to annoy persons passing in such public places.

      (c) Public demonstrations and processions.

      5.  Prevent riots or any act tending to promote riots in any public place.

      (Ch. 31, Stats. 1971 p. 61)

      Sec.2.210  Powers of City Council: Traffic control.  The City Council may, by ordinance, regulate:

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

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

      (Ch. 31, Stats. 1971 p. 61; A—Ch. 237, Stats. 2003 p. 1252)

      Sec. 2.220  Powers of City Council: Parking meters; off-street public parking facilities.

      1.  The City Council 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 parking fees to be charged for the use of the parking facilities regulated by parking meters must be fixed by the City Council.

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

      (Ch. 31, Stats. 1971 p. 61; A—Ch. 282, Stats. 1971 p. 501; Ch. 482, Stats. 1981 p. 967)

      Sec. 2.230  Powers of City Council: Railroads.  The City Council may:

      1.  License, regulate or prohibit the location, construction or laying of tracks of any railroad or streetcar in any public right-of-way.

      2.  Grant franchises to any person or corporation to operate a railroad or streetcar upon public rights-of-way and adjacent property.

      (Ch. 31, Stats. 1971 p. 62)

      Sec. 2.240  Powers of City Council: Nuisances.  The City Council 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 that such expense of removal shall be a lien upon the property upon which the nuisance is located. Such lien shall:

      (a) Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.

      (b) Be coequal with the latest lien thereon to secure the payment of general taxes.

      (c) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

      (d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

      4.  Provide any other penalty or punishment of persons responsible for such nuisances.

      (Ch. 31, Stats. 1971 p. 62)

      Sec. 2.250  Powers of City Council: Animals and poultry.  The City Council may:

      1.  Fix, impose and collect an annual license fee on all animals and provide for the capture and disposal of all animals on which the license fee is not paid.

      2.  Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.

      3.  Establish a pound, appoint a Poundkeeper and prescribe his or her duties.

      4.  Prohibit cruelty to animals.

      (Ch. 31, Stats. 1971 p. 62)

      Sec. 2.260  Powers of City Council: Abatement of noxious insects, rats and disease-bearing organisms.  The City Council may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the City or in territory outside the City but so situated that such insects, rats and disease-bearing organisms migrate or are carried into the City.

      (Ch. 31, Stats. 1971 p. 62)

      Sec. 2.270  Powers of City Council: Provision of utilities.  The City Council may:

      1.  Provide, by contract, franchise or public enterprise, for any utility to be furnished to the City for the residents thereof.

      2.  Provide for the construction of any facility necessary for the provision of such utilities.

      3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the City is a lien upon the property to which the service is rendered and shall be perfected by filing with the County Recorder of Lincoln County a statement by the City Clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

      (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

      (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

      (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

      (Ch. 31, Stats. 1971 p. 63; A—Ch. 416, Stats. 2001 p. 2093)

      Sec. 2.280  Powers of City Council: Cemeteries; acquisition and maintenance.  The City Council may, by any lawful means, acquire and maintain property for public use as a cemetery.

      (Ch. 31, Stats. 1971 p. 63)

ARTICLE III - Executive Department

      Sec. 3.010  Mayor: Duties when City Council has appointed a City Manager; Mayor pro tempore.

      1.  When the City Council has appointed a City Manager, the Mayor shall:

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

      (b) Have no administrative duties.

      (c) Be recognized as the head of the City government for all ceremonial purposes.

      (d) Perform such emergency duties as may be necessary for the general health, welfare and safety of the City.

      (e) Perform such other duties, except administrative duties, as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.

      2.  During the absence or disability of the Mayor the City Council shall elect one of its members to act as Mayor pro tem.

      (Ch. 31, Stats. 1971 p. 63)

      Sec. 3.015  Mayor: Duties when City Council has not appointed a City Manager; Mayor pro tempore.

      1.  When the City Council has not appointed a City Manager, the Mayor shall:

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

      (b) Serve as the Chief Executive Officer of the City.

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

      (d) Perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.

      2.  During the absence or disability of the Mayor the City Council shall elect one of its members to act as Mayor pro tem.

      (Ch. 31, Stats. 1971 p. 64)

      Sec. 3.020  City Manager: Appointment; duties.

      1.  The City Manager shall perform such administrative and executive duties as the City Council may designate. His or her salary shall be fixed by the City Council.

      2.  The City Manager may appoint such clerical and administrative assistants as he or she may deem necessary, subject to the approval of the City Council.

      (Ch. 31, Stats. 1971 p. 64)

      Sec. 3.030  City Clerk: Duties.  The City Clerk shall:

      1.  Keep the corporate seal and all books and papers belonging to the City.

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

      3.  Sign all warrants issued.

      4.  Number and countersign all licenses issued by the City. All licenses shall be in a form devised by the City Clerk and approved by the City Council.

      5.  Enter upon the journal the result of the vote of the City Council upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.

      6.  Perform such other duties as may be required by the City Council.

      (Ch. 31, Stats. 1971 p. 64)

      Sec. 3.040  City Clerk’s performance bond.  The City Clerk shall be liable and accountable on his or her official bond for the performance of his or her duties under the provisions of this Charter, and the City Council may require from the City Clerk such additional security as may be necessary from time to time.

      (Ch. 31, Stats. 1971 p. 64)

      Sec. 3.050  City Attorney: Qualifications; duties.

      1.  The City Attorney shall be a duly licensed member of the State Bar of Nevada but need not be a resident of the City or of Lincoln County.

      2.  The City Attorney shall be the Legal Officer of the City and shall perform such duties as may be designated by ordinance.

      3.  The City Council may, in its discretion, appoint Special Counsel to assist the City Attorney or, if there is a vacancy in the Office of City Attorney, the City Council may appoint Special Counsel to perform all or any part of the duties of the City Attorney.

      4.  The compensation of the City Attorney and of any Special Counsel shall be fixed by the City Council.

      (Ch. 31, Stats. 1971 p. 64)

      Sec. 3.060  County Assessor to be ex officio City Assessor; duties.

      1.  The County Assessor of Lincoln County shall be ex officio City Assessor of the City. The County Assessor shall perform such duties for the City without additional compensation.

      2.  Upon request of the ex officio City Assessor, the City Council may appoint and set the salary of a Deputy City Assessor to perform such duties relative to city assessments as may be deemed necessary.

      (Ch. 31, Stats. 1971 p. 65)

      Sec. 3.070  City Marshal to be ex officio Police Chief, license collector and poundmaster; salaries of police officers.

      1.  The City Marshal of the City is the ex officio Police Chief, license collector and poundmaster.

      2.  The City Marshal may, subject to approval of the City Council, appoint and supervise such police officers as may be deemed necessary.

      3.  The salaries of the police officers shall be fixed by the City Council.

      (Ch. 31, Stats. 1971 p. 65)

      Sec. 3.080  City officers: Absence from office.  If any appointive officer removes his or her office from the City, or absents himself or herself therefrom for more than 30 days without leave of the City Council, his or her office shall be declared vacant by the City Council, and the vacancy filled by appointment as provided in this Charter.

      (Ch. 31, Stats. 1971 p. 65)

      Sec. 3.090  City 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 the City shall be paid by the officer or person collecting or receiving them to the City Clerk, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the City Council.

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

      (Ch. 31, Stats. 1971 p. 65)

      Sec. 3.100  Removal of officers.  If any officer is adjudged guilty of nonfeasance, misfeasance or malfeasance in office by any court of competent jurisdiction, the City Council may declare the respective office vacant and fill the vacancy so caused, as provided by law.

      (Ch. 31, Stats. 1971 p. 65)

ARTICLE IV - Judicial Department

      Sec. 4.020  Municipal Judge.  The salary of the Municipal Judge must be fixed by the City Council.

      (Ch. 31, Stats. 1971 p. 66; A—Ch. 208, Stats. 1985 p. 673)

      Sec. 4.040  Credit against fine for prisoner’s labor.  The court may order a convicted defendant to work on the streets or public works of the city at the rate of $25 per day for each day of the sentence. If the prisoner performs such labor, $25 per day must be applied against his or her fine until it is satisfied.

      (Ch. 31, Stats. 1971 p. 66; A—Ch. 182, Stats. 1983 p. 434)

ARTICLE V - Elections

      Sec. 5.010  Municipal elections.

      1.  Except as otherwise provided in subsection 2:

      (a) On the first Tuesday after the first Monday in June 1973, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Mayor and one Council Member who shall hold office for a period of 4 years and until their successors have been elected and qualified.

      (b) On the first Tuesday after the first Monday in June 1975, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, two Council Members who shall hold office for a period of 4 years and until their successors have been elected and qualified.

      (c) On the first Tuesday after the first Monday in June 1975, there shall be elected by the qualified voters of the City at a general municipal election to be held for that purpose one Council Member who shall hold office for a period of 2 years and until his or her successor has been elected and qualified.

      (d) On the first Tuesday after the first Monday in June 1977, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Mayor and two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.

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

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

      4.  If the City Council adopts an ordinance pursuant to subsection 2, the term of office of any elected official may be shortened but may not be lengthened as a result of the ordinance.

      (Ch. 31, Stats. 1971 p. 66; A—Ch. 71, Stats. 1975 p. 82; Ch. 218, Stats. 2011 p. 954; Ch. 263, Stats. 2013 p. 1182)

      Sec. 5.020  Applicability of state election laws; elections under City Council control.

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

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

      (Ch. 31, Stats. 1971 p. 66)

      Sec. 5.030  City Council to call election.  The City Council shall order municipal elections, and shall determine the place within the City where they shall be held.

      (Ch. 31, Stats. 1971 p. 66)

      Sec. 5.040  Qualifications, registration of voters.

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

      2.  Nothing in this Charter shall be so construed as to deny or abridge the power of the City Council to provide for supplemental registration.

      (Ch. 31, Stats. 1971 p. 66)

      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. 31, Stats. 1971 p. 67; A—Ch. 312, Stats. 2003 p. 1728)

      Sec. 5.060  Ballots for ordinances and Charter amendments.  An ordinance or Charter amendment to be voted on in the 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. 31, Stats. 1971 p. 67; A—Ch. 699, Stats. 1971 p. 2050)

      Sec. 5.070  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the 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, either permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list.

      (Ch. 31, Stats. 1971 p. 67; A—Ch. 581, Stats. 2001 p. 2970; 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. 31, Stats. 1971 p. 67)

      Sec. 5.090  Voting machines.  The City Council 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. 31, Stats. 1971 p. 67)

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

      1.  The election returns from any municipal election shall be filed with the City 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 City Council.

      2.  The City Council shall meet within 6 working days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the City 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 City Council.

      3.  The City 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 first Monday in July next following their election.

      4.  If any election should result in a tie, the City Council shall summon the candidates who received the tie vote and determine the tie by lot. The Clerk shall then issue to the winner a certificate of election.

      (Ch. 31, Stats. 1971 p. 67; A—Ch. 185, Stats. 2007 p. 627)

      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 political subdivisions.

      (Ch. 31, Stats. 1971 p. 68)

ARTICLE VI - Local Improvements

      Sec. 6.010  Local improvement law.  The City Council, on behalf of the City and in its name, without any election, may from time to time 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. 31, Stats. 1971 p. 68; A—Ch. 306, Stats. 1973 p. 378; Ch. 361, Stats. 1983 p. 872; Ch. 416, Stats. 2001 p. 2094)

      Sec. 6.020  Local improvement law: Collateral powers.  The City Council on behalf of the City for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS, as amended from time to time.

      (Ch. 31, Stats. 1971 p. 68; A—Ch. 306, Stats. 1973 p. 379)

ARTICLE VII - Local Bonds and Franchises

      Sec. 7.010  Debt limit.

      1.  The City shall not incur an indebtedness in excess of 20 percent of the total assessed valuation of the taxable property within the boundaries of the City.

      2.  In determining any debt limitation under this section, there shall not be 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 to the City.

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

      (Ch. 31, Stats. 1971 p. 68)

      Sec. 7.020  Acquisition, operation of municipal utilities.  The City may, in the manner and for the purposes provided in this Charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

      (Ch. 31, Stats. 1971 p. 69; A—Ch. 416, Stats. 2001 p. 2094)

      Sec. 7.030  Water, sewer and electric light and power revenue bonds.

      1.  The City Council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties needed in connection with:

      (a) The obtaining of a water supply.

      (b) The conservation, treatment and disposal of sewage waste and storm water.

      (c) The generation and transmittal of electricity for light and power for public and private uses.

      2.  In issuing bonds pursuant to subsection 1, the City Council shall follow procedures established in the Local Government Securities Law, as amended from time to time.

      (Ch. 31, Stats. 1971 p. 69; A—Ch. 416, Stats. 2001 p. 2094)

      Sec. 7.040  Borrowing money.

      1.  Subject to the limitations imposed by this article, the City may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this Charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued except for securities issued under section 6.020.

      2.  Any property tax levied to pay the principal of or interest on such indebtedness must be levied upon all taxable property within the City.

      3.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including without limitation securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the City Council in any ordinance that it is of this kind is conclusive in the absence of fraud or gross abuse of discretion.

      (Ch. 31, Stats. 1971 p. 69; A—Ch. 282, Stats. 1971 p. 501; Ch. 482, Stats. 1981 p. 967)

      Sec. 7.050  Franchises.

      1.  Before granting any franchise the City Council shall first adopt a resolution setting forth fully and in detail the applicant for, purpose and character of, terms and time and conditions of the proposed franchise. Such resolution shall be published in full in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the City for at least two publications in the 2 weeks succeeding its adoption.

      2.  On the first regular meeting of the Council after the expiration of the period of such publication, the Council shall proceed to pass an ordinance for the granting of the franchise; but such franchise shall be granted only on substantially the same terms and conditions as expressed in the resolution as published. Otherwise such ordinance shall be void.

      (Ch. 31, Stats. 1971 p. 69)

ARTICLE VIII - Revenue

      Sec. 8.010  Municipal taxes.

      1.  The City Council shall annually, at the time prescribed by law for levying taxes for State and County purposes, levy a tax not exceeding 2 percent upon the assessed value of all real and personal property within the City, except as otherwise provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of State and County taxes. The revenue laws of the State shall, in every respect not inconsistent with the provisions of this Charter, be applicable to the levying, assessing and collecting of the municipal taxes.

      2.  In the matter of the equalization of assessments, the rights of the City and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the County Board of Equalization as are the State and County.

      3.  All forms and blanks used in levying, assessing and collecting the revenues of the State and counties shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the City. The City Council 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. 31, Stats. 1971 p. 70; A—Ch. 282, Stats. 1971 p. 502)

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

      (Ch. 31, Stats. 1971 p. 70)

ARTICLE IX - Miscellaneous Provisions

      Sec. 9.010  Severability of provisions.  If any portion of this Charter is 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. 31, Stats. 1971 p. 70)

      Sec. 9.020  Effect of enactment of Charter.

      1.  All rights and property of every kind and description which were vested in the City prior to the enactment of this Charter shall be vested in the same municipal corporation on the effective date of this Charter. No right or liability, either in favor of or against such corporation existing at the time of becoming incorporated under this Charter, and no action or prosecution shall be affected by such change, but it shall stand and progress as if no change had been made.

      2.  Whenever a different remedy is given by this Charter, which may properly be made applicable to any right existing at the time of such City so becoming incorporated under this Charter, such remedy shall be cumulative to the remedy before provided, and used accordingly.

      3.  All ordinances and resolutions in effect in the City prior to the effective date of this Charter shall, unless in conflict with the provisions of this Charter, continue in full force and effect until amended or repealed.

      4.  The enactment of this Charter shall not effect any change in the legal identity of the City.

      5.  The enactment of this Charter shall not be construed to repeal or in any way affect or modify:

      (a) Any special, local or temporary law.

      (b) Any law or ordinance making an appropriation.

      (c) Any ordinance affecting any bond issue or by which any bond issue may have been authorized.

      (d) The running of the statute of limitations in force at the time this Charter becomes effective.

      (e) Any bond of any public officer.

      (Ch. 31, Stats. 1971 p. 70)