[Rev. 11/20/2013 4:42:49 PM--2013]

LAS VEGAS CITY CHARTER

Chapter 517, Statutes of Nevada 1983

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

[Approved May 26, 1983]

ARTICLE I - Introductory and Organizational Provisions

      Section 1.010  Purpose; other laws; notice.

      1.  In order to provide for the orderly government of the City of Las Vegas and the public health, safety, prosperity, security, comfort, convenience and general welfare of its citizens, the Legislature hereby establishes this Charter for the government of the City of Las Vegas.

      2.  Each power which is expressly granted by this Charter is in addition to all of the purposes, powers, rights, privileges, immunities and duties which are granted to cities by the general law of the State. Each of the provisions of NRS which apply generally to cities (not including, unless otherwise expressly mentioned in this Charter, chapter 265, 266 or 267 of NRS) and are not in conflict with the provisions of this Charter applies to the City of Las Vegas.

      3.  Any notice which is provided for in this Charter for any purpose is reasonably calculated to inform each interested person of any proceeding under this Charter which may directly and adversely affect his or her legally protected rights, if any.

      (Ch. 517, Stats. 1983 p. 1391)

      Sec. 1.020  Definitions.  Except as otherwise provided in this Charter, unless the context otherwise requires, the definitions which are provided in sections 1.030 to 1.090, inclusive, of this Charter govern the construction of this Charter.

      (Ch. 517, Stats. 1983 p. 1391)

      Sec. 1.030  “City” defined.  “City” means the City of Las Vegas in Clark County, Nevada.

      (Ch. 517, Stats. 1983 p. 1391)

      Sec. 1.040  “City Council” defined.  “City Council,” unless otherwise qualified, means the governing body of the City.

      (Ch. 517, Stats. 1983 p. 1391)

      Sec. 1.050  “Council Member” defined.  “Council Member” means a member of the City Council, other than the Mayor.

      (Ch. 517, Stats. 1983 p. 1392)

      Sec. 1.060  “County” defined.  “County” means Clark County, Nevada.

      (Ch. 517, Stats. 1983 p. 1392)

      Sec. 1.070  “Newspaper” defined.  “Newspaper” means a newspaper which is qualified pursuant to chapter 238 of NRS, is printed and published in the City at least once each calendar week and is of general circulation in the City.

      (Ch. 517, Stats. 1983 p. 1392)

      Sec. 1.080  “Publication,” “publish” defined.  “Publication” and “publish” each means publication in at least one newspaper for the number of times which is required by the specific section of this Charter.

      (Ch. 517, Stats. 1983 p. 1392)

      Sec. 1.090  “State” defined.  “State” means the State of Nevada.

      (Ch. 517, Stats. 1983 p. 1392)

      Sec. 1.100  Construction of Charter.

      1.  This Charter, except where the context by clear implication otherwise requires, must be construed as follows:

      (a) The titles or leadlines which are applied to the articles and sections of this Charter are inserted only as a matter of convenience and ease in reference and in no way define, limit or describe the scope or intent of any provision of this Charter.

      (b) Words in the singular number include the plural, and words in the plural include the singular number.

      (c) Words in the masculine gender include the feminine and the neuter, and words of the neuter gender refer to any gender.

      2.  This Charter being necessary to secure and preserve the public health, safety, prosperity, security, comfort, convenience, general welfare and property of the citizens of the City, the rule of strict construction has no application to this Charter, and it is expressly declared that it is the intent of the Legislature that each of the provisions of this Charter be liberally construed in order to effect the purposes and objects for which this Charter is intended, and the specific mention of particular powers must not be construed as limiting in any way the general powers which are necessary to carry out the purposes and objects of this Charter.

      (Ch. 517, Stats. 1983 p. 1392)

      Sec. 1.110  Required notices: Words and figures.  Figures may be used instead of words, and words may be used instead of figures, in all notices, proceedings and other documents which are required by this Charter or otherwise pertain to this Charter.

      (Ch. 517, Stats. 1983 p. 1392)

      Sec. 1.120  Incorporation of City; description of territory.

      1.  All persons who are inhabitants of that portion of the State which is embraced within the limits set forth in subsection 2 constitute a political and corporate body by the name of “City of Las Vegas,” and by that name they and their successors must be known in law and have perpetual succession.

      2.  The territory which is embraced in the City is that certain land which is described in the official plat which is required by NRS 234.250 to be filed with the County Recorder and County Assessor, as the plat may be revised from time to time.

      (Ch. 517, Stats. 1983 p. 1392; A—Ch. 347, Stats. 1999 p. 1418)

        Sec. 1.130  Wards: Creation; boundaries.

      1.  The City must be divided into six wards upon the approval of the voters. Thereafter, the wards may be increased:

      (a) By the City Council if it determines that an increase is necessary; or

      (b) Upon approval of a question proposing an increase to a specific number of wards by a majority of the voters voting on the question. Such a question must be submitted to the voters on the ballot at a general election if the City Council votes for the submission of the question on its own motion or if a petition signed by a number of registered voters of the City equal to 15 percent or more of the number of voters who voted at the last preceding general election is submitted to the City Council requesting an increase to a specific number of wards.

Ê The wards must be as nearly equal in population as can conveniently be provided, and the territory which comprises each ward must be contiguous.

      2.  The boundaries of the wards must be established and changed by ordinance. The boundaries of the wards must be changed whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent. The boundaries of the wards may be changed to include territory which has been annexed and whenever the population in any ward exceeds the population in any other ward by more than 5 percent by any measure which is found reliable by the City Council.

      3.  The office of an additional Council Member created as a result of an increase in the number of wards pursuant to subsection 1 must be filled initially at the general City election immediately following:

      (a) The date on which the City Council determined that an increase in the number of wards was necessary pursuant to paragraph (a) of subsection 1; or

      (b) The general election at which the question proposing the increase in wards is approved by the voters pursuant to paragraph (b) of subsection 1.

Ê Such an office must not be filled initially by appointment.

      (Ch. 517, Stats. 1983 p. 1393; A—Ch. 526, Stats. 1997 p. 2514; Ch. 187, Stats. 1999 p. 914; Ch. 102, Stats. 2001 p. 595)

      Sec. 1.140  Elective offices.

      1.  The elective officers of the City consist of:

      (a) A Mayor.

      (b) One Council Member from each ward.

      (c) Municipal Judges.

      2.  Except as otherwise provided in section 5.020, the terms of office of the Mayor and Council Members are 4 years.

      3.  Except as otherwise provided in subsection 3 of section 4.010 and section 5.020, the term of office of a Municipal Judge is 6 years.

      (Ch. 517, Stats. 1983 p. 1393; A—Ch. 526, Stats. 1997 p. 2515; Ch. 6, Stats. 2001 p. 10; Ch. 218, Stats. 2011 p. 958)

      Sec. 1.150  Oath of office.  Each person who is elected or appointed to fill any elective office must subscribe to the official oath as provided by the City Council. Each of those persons must 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. 517, Stats. 1983 p. 1393)

      Sec. 1.160  Elective offices: Vacancies.  Except as otherwise provided in NRS 268.325:

      1.  A vacancy in the office of Mayor, Council Member or Municipal Judge must be filled by the majority vote of the entire City Council within 30 days after the occurrence of that vacancy. A person may be selected to fill a prospective vacancy 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 elective official, including, without limitation, any applicable residency requirement.

      2.  Except as otherwise provided in section 5.010, no appointment extends beyond the first regular meeting of the City Council that follows the next general municipal election, at that election the office must be filled for the remainder of the unexpired term, or beyond the first regular meeting of the City Council after the Tuesday after the first Monday in the next succeeding June in an odd-numbered year, if no general municipal election is held in that year.

      (Ch. 517, Stats. 1983 p. 1393; A—Ch. 854, Stats. 1989 p. 2060; Ch. 515, Stats. 1997 p. 2451; Ch. 338, Stats. 2007 p. 1533; Ch. 218, Stats. 2011 p. 958)

ARTICLE II - Legislative Department

      Sec. 2.010  General provisions.

      1.  The municipal government and the legislative power of the City is vested in a City Council which consists of a Mayor and one Council Member from each ward.

      2.  Members of the City Council may vote on any lease, contract or other agreement which extends beyond their respective terms of office.

      (Ch. 517, Stats. 1983 p. 1394; A—Ch. 187, Stats. 1999 p. 915)

      Sec. 2.020  Mayor and Council Members: Qualifications; terms of office; salary.

      1.  The Mayor must be a qualified elector who has resided within the territory which is established by the boundaries of the City for a period of not less than 30 days immediately before the last day for filing a declaration of candidacy for that office and be elected by the registered voters of the City at large.

      2.  Each Council Member must be a qualified elector who has resided within the ward which he or she represents for a period of not less than 30 days immediately before the last day for filing a declaration of candidacy for his or her office and be elected by the registered voters of that ward.

      3.  The Mayor or any Council Member automatically forfeits the remainder of his or her term of office and that office becomes vacant if he or she ceases to be a resident of the City or of the ward which he or she represents, as the case may be.

      4.  The respective salaries of the Mayor and Council Members must be fixed by ordinance.

      (Ch. 517, Stats. 1983 p. 1394)

      Sec. 2.030  Mayor: Duties; Mayor pro tempore; duties.

      1.  The Mayor shall preside over and conduct the meetings of the City Council.

      2.  The City Council shall elect one of its members to be Mayor pro tempore. That person:

      (a) Shall hold that office and title without additional compensation during the term for which he or she was elected as Mayor pro tempore.

      (b) Possesses the powers and shall perform the duties of Mayor during the absence or disability of the Mayor.

      (c) Shall act as Mayor until the next municipal election, if the office of Mayor becomes vacant.

      (Ch. 517, Stats. 1983 p. 1394)

      Sec. 2.040  Mayor and Council Members not to hold other office.

      1.  The Mayor and Council Members may not:

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

      (b) Be appointed to any office which was created, or the compensation for which was increased or fixed, by the City Council until 1 year after the expiration of the term for which the Mayor or Council Member was elected or appointed.

      2.  Any person who violates the provisions of subsection 1 automatically forfeits his or her office as Mayor or Council Member.

      (Ch. 517, Stats. 1983 p. 1394; A—Ch. 338, Stats. 2007 p. 1533)

      Sec. 2.050  Meetings: Regular and special; time and place; notice.

      1.  The City Council shall prescribe by ordinance the day or days, time and place of its regular meetings. At least one regular meeting must be held during each month.

      2.  The regular meeting day or days must remain unchanged unless notice of the proposed change is published in the manner provided for the publication of notices which are required by article VIII of this Charter.

      3.  Special meetings may be held on the call of the Mayor or of two Council Members, by giving a minimum of 6 hours’ written notice of the special meeting to the Mayor and to each Council Member before the meeting, served personally or left at his or her usual place of abode, but the Mayor or any Council Member may waive service of that notice upon him or her before, at or after the meeting.

      4.  At a special meeting:

      (a) Unless all of the members of the City Council are present, no business may be transacted except that which has been stated in the call of the meeting.

      (b) No ordinance may be passed except an emergency ordinance or one whose enactment as if an emergency existed is permitted by chapter 350 of NRS or section 7.020 or 8.210 of this Charter.

      (c) No vote of the City Council may be reconsidered unless there is present at least as large a number of the members of the City Council as were present when the matter was previously voted upon.

      (Ch. 517, Stats. 1983 p. 1395)

      Sec. 2.060  Meetings: Quorum.

      1.  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 or compel the attendance of the absent members, or both, under such penalties as may be prescribed by ordinance.

      2.  Except as otherwise provided in NRS 241.0355, and unless otherwise provided by any other provision of law, including sections 1.160, 2.100 and 3.050 and subsection 3 of section 2.110 of this Charter, the concurrence of a majority of a quorum of the City Council is necessary to pass any proposition.

      (Ch. 517, Stats. 1983 p. 1395; A—Ch. 255, Stats. 2001 p. 1131)

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

      (Ch. 517, Stats. 1983 p. 1395)

      Sec. 2.080  City Council: Judging qualifications and discipline of members; power of subpoena; enforcement of subpoenas.

      1.  The City Council may:

      (a) Judge the qualifications and election of its own members.

      (b) Adopt rules for the government of its members and proceedings.

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

      (d) Order the attendance of witnesses and the production of all documents which relate to any business before the City Council.

      2.  In order to assure the attendance of witnesses and the production of documents, if any person who is ordered to appear before the City Council fails to obey that order:

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

      (b) The clerk of the district court 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 that person would not be held in contempt of court and, upon a hearing of the matter, may adjudge that person guilty of contempt and punish him or her accordingly.

      (Ch. 517, Stats. 1983 p. 1395)

      Sec. 2.090  Powers of City Council: Ordinances; resolutions and orders.

      1.  The City Council may make and adopt all ordinances, resolutions and orders, not repugnant to the Constitution of the United States or the Constitution of the State of Nevada or the provisions of NRS or of this Charter, which are necessary for the municipal government, the management of the affairs of the City and the execution of all of the powers which are vested in the City.

      2.  The City Council may enforce those ordinances by providing penalties which do not exceed those which are established by the Legislature for misdemeanors.

      3.  The City Council may not adopt any ordinance which provides for an increase or a decrease in the salary of any of its members to take effect during the term for which that member is elected or appointed, but the City Council may by ordinance increase or decrease the salary for the office of Mayor or City Council Member at any time before the day preceding the last day for filing a declaration of candidacy for that office for the next succeeding term to take effect on the first day of the next succeeding term.

      (Ch. 517, Stats. 1983 p. 1396; A—Ch. 127, Stats. 1989 p. 283)

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

      1.  No ordinance may be adopted except by bill and by the majority vote of the entire City Council. The style of all ordinances must be as follows: “The City Council of the City of Las Vegas does ordain:”.

      2.  No ordinance may contain more than one general subject matter and matters which pertain to or are necessarily connected with the general subject matter, and the subject must be briefly indicated in the title. If the subjects of the ordinance are not expressed in the title, the ordinance is void as to those matters which are not expressed in the title.

      3.  Any ordinance which amends an existing ordinance or an existing section or sections of a codification of ordinances must set out in full the ordinance or sections of the ordinance or the section or sections of the codification of ordinances which are to be amended and indicate any matter to be omitted by enclosing it in brackets and any new matter by underscoring it or by italics.

      (Ch. 517, Stats. 1983 p. 1396)

      Sec. 2.110  Ordinances: Procedure for enactment; emergency ordinances.

      1.  All proposed ordinances, when they are first proposed, must be read to the City Council by title and may be referred for consideration to a committee which is composed of any number of members of the City Council who are designated by the Mayor, after which an adequate number of copies of the proposed ordinance must be deposited with the City Clerk for public examination and distribution upon request. Except as otherwise provided in subsection 3 and for the adoption of specialized or uniform codes, notice of the deposit must be published once at least 10 days before the adoption of the ordinance. The City Council must adopt or reject the ordinance, or an amendment thereto, within 60 days after the date of that publication. A committee described in this subsection shall meet as often as is reasonably necessary but not less frequently than once each calendar quarter.

      2.  Following the first reading by title, an ordinance that has been referred pursuant to subsection 1 must be considered by the committee. Such committee must report its recommendations, if any, to the City Council. Regardless of whether a proposed ordinance is referred to a committee pursuant to subsection 1, it must be read by title as first introduced, or as amended, and finally voted upon or action thereon postponed, but the proposed ordinance must be adopted, with or without amendments, or rejected within 60 days after the date of the publication which is provided for in subsection 1.

      3.  In cases of emergency or where the ordinance is of a kind whose enactment as if an emergency existed is permitted by a provision of NRS or section 7.020 or 8.210, final action, upon the unanimous vote of the entire City Council, may be taken immediately or at a special meeting which has been called for that purpose, and no notice of the filing of copies of the proposed ordinance with the City Clerk need be published.

      4.  Each ordinance must be signed by the Mayor, attested by the City Clerk and published at least once by title, together with the names of the members of the City Council who voted for or against its adoption, and the ordinance becomes effective on the day after that publication. 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 which have been adopted in a register which is kept for that purpose, together with the affidavits of publication by the publisher.

      (Ch. 517, Stats. 1983 p. 1397; A—Ch. 568, Stats. 1991 p. 1882; Ch. 338, Stats. 2007 p. 1533)

      Sec. 2.120  Powers of City Council: Exercise by ordinance.  When a power is conferred upon the City Council to do and perform any act or thing, and the manner of exercising that power is not specifically provided, the City Council may provide by ordinance the manner and details which are necessary for the full exercise of that power.

      (Ch. 517, Stats. 1983 p. 1398)

      Sec. 2.130  Powers of City Council: Denial, suspension or revocation of work permit; appeal to City Council; alternative procedure established by City Council.  Whenever under any city ordinance a person is required to obtain a work permit or an identification card from the Sheriff of the Las Vegas Metropolitan Police Department or any City officer as a condition of employment in any establishment which has been determined to be privileged by the City Council and licensed by the City, and his or her work permit or identification card is denied, suspended or revoked by the Sheriff or City officer, the person aggrieved may, by filing a written notice of appeal with the City Clerk within 10 days after the date of the denial, suspension or revocation of his or her work permit or identification card, appeal from that action to:

      1.  The City Council, unless the City Council has designated an administrative body pursuant to subsection 2; or

      2.  Any administrative body that the City Council has designated to hear such appeals. If such an administrative body denies a person’s appeal, the person may appeal to the City Council.

      (Ch. 517, Stats. 1983 p. 1398; A—Ch. 338, Stats. 2007 p. 1534)

      Sec. 2.140  Powers of City Council: Public property, buildings.  The City Council may:

      1.  Erect and maintain all buildings which are necessary for the use of the City.

      2.  Purchase, receive, hold, sell, lease, convey and dispose of property, real, personal or mixed and wherever situate, for the benefit of the City, improve and protect that property and do all other things in relation to that property which a natural person might or could do.

      3.  Acquire property within or without the corporate boundaries of the City for any City purpose, in fee simple or any lesser interest or estate, by purchase, exchange, gift, devise, lease or condemnation.

      4.  Sell, exchange, lease, hold, manage and control the property of the City as the interest of the City may require or as will result in the maximum benefit to the City from that action.

      5.  Purchase or sell property for economic development. Any property which is purchased or sold for economic development may be purchased or sold above, at or below its fair market value upon a finding by the City Council that the purchase or sale of that property will have a favorable effect upon the economic development of the City.

      (Ch. 517, Stats. 1983 p. 1398; A—Ch. 639, Stats. 1985 p. 2086; Ch. 460, Stats. 1989 p. 974)

      Sec. 2.145  Powers of City Council: Lease or lease-purchase agreement for construction or remodeling of building or facility; conveyance of property; applicability of certain provisions to agreement for construction or remodeling of building or facility.

      1.  The City Council may enter into an agreement with a person whereby the person agrees to construct or remodel a building or facility according to specifications adopted by the City Council and thereupon enter into a lease or a lease-purchase agreement with the City Council for that building or facility.

      2.  The City Council may convey property to a person where the purpose of the conveyance is the entering into of an agreement contemplated by subsection 1.

      3.  The person who enters into an agreement for the actual construction or remodeling of a building or facility pursuant to subsection 1 shall include in the agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive.

      4.  The City Council, the contractor who is awarded the contract or entered into the agreement to perform the construction or remodeling and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the City Council had undertaken the project or had awarded the contract.

      (Added—Ch. 244, Stats. 2007 p. 836; A—Ch. 385, Stats. 2009 p. 2073)

      Sec. 2.147  Powers of City Council: Affordable housing.

      1.  Except as otherwise provided in subsection 2 and in addition to any other powers authorized by specific statute, the City Council may exercise such powers and enact such ordinances, not in conflict with the laws of this State, as the City Council determines are necessary and proper for the development and provision of affordable housing.

      2.  The City Council shall not impose or increase a tax for the purposes set forth in subsection 1 unless the tax or increase is otherwise authorized by specific statute.

      (Added—Ch. 338, Stats. 2007 p. 1531)

      Sec. 2.150  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

      1.  The City Council may:

      (a) Except as is otherwise provided in subsection 2 and NRS 598D.150 and 640C.100, license and regulate all lawful businesses, trades and professions.

      (b) Fix, impose and collect a license tax for regulation or for revenue, or both, upon all businesses, trades and professions and provide an equitable standard for fixing those license taxes.

      (c) Suspend or revoke the license of any business, trade or profession for failing to comply with any regulation of the City in such manner as may be prescribed by ordinance.

      2.  No person, firm or corporation which is licensed by an agency of the State to conduct or practice any business, trade or profession, except as is otherwise provided in subsection 3, may be denied a license to conduct or practice that business, trade or profession, nor may the license be suspended or revoked, if:

      (a) That person, firm or corporation complies with all of the regulations which are established by that agency and pays to the City such license taxes and related fees and posts such bond or bonds as may be prescribed by ordinance; and

      (b) The location of the business, trade or profession complies with all of the requirements of all of the zoning, building, plumbing, electrical, safety and fire prevention codes or regulations of the City.

      3.  The City Council may provide, by ordinance, regulations which restrict the number, location and method of operation of and the qualifications for ownership in:

      (a) Liquor-dispensing or gaming establishments, or both;

      (b) Businesses which are engaged in the manufacture or distribution, or both, of liquor or gaming devices; and

      (c) Such other businesses, trades and professions as may be declared by ordinance to be privileged,

Ê and regulations which prescribe the circumstances under and the manner in which licenses with respect to those establishments, businesses, trades and professions may be denied, limited, suspended or revoked.

      (Ch. 517, Stats. 1983 p. 1398; A—Ch. 465, Stats. 2003 p. 2898; Ch. 325, Stats. 2005 p. 1142)

      Sec. 2.160  Powers of City Council: Police ordinances.

      1.  The City Council may enact and enforce such local police ordinances as are not in conflict with the general laws of the State.

      2.  Any offense which is made a misdemeanor by the laws of the State shall also be deemed to be a misdemeanor against the City whenever that offense is committed within the City.

      (Ch. 517, Stats. 1983 p. 1399)

      Sec. 2.170  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.  Regulate or prohibit the storage in or the transportation through the City of any explosive, combustible or inflammable material and prescribe the location within the City where those materials 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.

      3.  Establish by ordinance a fire code and other regulations which are necessary to provide for the prevention of and protection against fires and to carry out the purposes of this section.

      4.  Suspend or revoke the license of any business for its failure to comply with any regulation which is adopted pursuant to this section.

      (Ch. 517, Stats. 1983 p. 1399; A—Ch. 391, Stats. 1999 p. 1862)

      Sec. 2.180  Powers of City Council: Public health; Board of Health; regulations.  The City Council may:

      1.  Provide for safeguarding the public health in the City.

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

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

      (Ch. 517, Stats. 1983 p. 1400)

      Sec. 2.190  Powers of City Council: Treatment of alcoholics and narcotics addicts.  The City Council may provide for the treatment and rehabilitation of alcoholics and narcotic addicts in City facilities or for the support and maintenance of those alcoholics and addicts and their treatment and rehabilitation in facilities which are furnished by individual persons or private or public institutions, corporations or associations.

      (Ch. 517, Stats. 1983 p. 1400)

      Sec. 2.200  Powers of City Council: Buildings; construction and maintenance regulations; building and safety codes.  Subject to the limitations which are contained in NRS 278.580, 278.583 and 444.340 to 444.430, inclusive, the City Council may:

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

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

      (Ch. 517, Stats. 1983 p. 1400)

      Sec. 2.210  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 those districts.

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

      2.  The City Council must carry out the provisions of subsection 1 in the manner which is prescribed by chapter 278 of NRS.

      (Ch. 517, Stats. 1983 p. 1400)

      Sec. 2.220  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 of those public places.

      3.  Require landowners to keep the adjacent streets, sidewalks, 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 which tends to annoy persons passing in those public places.

      (c) Public demonstrations and processions.

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

      (Ch. 517, Stats. 1983 p. 1400)

      Sec. 2.230  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 the public streets, publicly owned parking lots, parking areas to which the public is invited and public rights-of-way.

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

      (Ch. 517, Stats. 1983 p. 1401; A—Ch. 237, Stats. 2003 p. 1253)

      Sec. 2.240  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 which is made available for public parking. The parking fees which are to be charged for the use of the parking facilities which are regulated by parking meters must be fixed by the City Council.

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

      (Ch. 517, Stats. 1983 p. 1401)

      Sec. 2.250  Powers of City Council: Rail transportation.  The City Council may:

      1.  License, regulate, establish or prohibit any means of transportation which has fixed rails in, upon, over or under any public right-of-way.

      2.  Grant a franchise to any person, firm or corporation to operate any means of transportation in, upon, over or under the public rights-of-way and adjacent property.

      3.  Declare a nuisance and require the removal of the fixed rails of any means of transportation in, upon, over or under any public right-of-way.

      4.  Subject to NRS 704.300, condemn rights-of-way for any public purpose across a right-of-way which is owned or otherwise controlled by any company which owns or operates any means of transportation.

      5.  Prescribe the length of time any public right-of-way may be obstructed by trains or similar means of conveyance standing on that right-of-way.

      6.  Require any company which owns or operates any means of transportation to provide protection against injuries to persons or property.

      7.  Require railroad companies to fence their tracks and to construct cattle guards and crossings and keep them in repair.

      8.  Compel any company which owns or operates any means of transportation to provide a means by which the drainage from the property which is adjacent to its right-of-way is not to be impaired.

      9.  Subject to NRS 704.300, compel any company which owns or operates any means of transportation to raise or lower its fixed rails to conform to any grade which has been or will be established by the City, so that those rails may be crossed over or under at any place on the public right-of-way.

      (Ch. 517, Stats. 1983 p. 1401; A—Ch. 513, Stats. 1997 p. 2446)

      Sec. 2.260  Powers of City Council: Nuisances.  The City Council may:

      1.  Determine by ordinance what are nuisances.

      2.  Provide for the abatement, prevention and removal of those nuisances at the expense of the person who creates, causes or commits those nuisances.

      3.  Provide that the expense of removal of those nuisances is a lien upon the property upon which each nuisance is located. That lien:

      (a) Must be perfected by filing with the County Recorder a statement by the City Clerk in which he or she states the amount of the expenses which are due and unpaid and describes the property which is subject to the lien.

      (b) Is coequal with the latest lien upon that property to secure the payment of general taxes.

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

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

      (e) May be enforced or foreclosed in such manner as may be prescribed by ordinance.

      4.  Provide any other penalty for or punishment of any person who is responsible for any nuisance.

      (Ch. 517, Stats. 1983 p. 1402)

      Sec. 2.270  Powers of City Council: Animals and poultry.  The City Council may:

      1.  Fix, impose and collect an annual license tax on all animals and provide for the capture and disposal of all of the animals with respect to which that tax is not paid.

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

      3.  Establish, operate and maintain an animal shelter.

      4.  Prohibit cruelty to animals.

      5.  Provide regulations for the prevention of diseases of animals and fowl.

      (Ch. 517, Stats. 1983 p. 1402)

      Sec. 2.280  Powers of City Council: Abatement of noxious insects, rats and disease-bearing organisms.  The City Council may take all steps which are necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the City or in the territory which is outside the City but so situate that insects, rats and disease-bearing organisms may migrate or be carried into the City.

      (Ch. 517, Stats. 1983 p. 1403)

      Sec. 2.290  Powers of City Council: Sanitary sewer facilities.  The City Council may:

      1.  Provide for a sanitary sewer system, or any part of a sanitary sewer system, and obtain property for that system, either within or without the City.

      2.  Sell any product or by-product of that system and acquire the appropriate outlets, both within and without the City, and extend the sewerlines to those outlets.

      3.  Establish sewer service fees or sewer connection fees, or both, and provide for the enforcement and collection of those fees.

      (Ch. 517, Stats. 1983 p. 1403)

      Sec. 2.300  Powers of City Council: Provision of utilities.

      1.  Except as otherwise provided in subsection 3 and section 2.315, the City Council may:

      (a) Provide, by contract, franchise or public ownership or operation, for any utility to be furnished to the residents of the City.

      (b) Provide for the construction and maintenance of any facility which is necessary for the provision of those utilities.

      (c) Prescribe, revise and collect rates, fees, tolls and charges, including fees for connection, for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking and no rate, fee, toll or charge for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking may be prescribed, revised, amended, altered, increased or decreased without proceeding as follows:

        (1) There must be filed with the City Clerk and available for public inspection schedules of all rates, fees, tolls and charges which the City has established and which are in force at that time for any service which is performed or product which is furnished in connection with any utility which is owned or operated by the City.

        (2) No change may be made in any of those schedules except upon 30 days’ notice to the inhabitants of the City and the holding of a public hearing with respect to the proposed change. Notice of the proposed change must be given by at least two publications during the 30-day period before the hearing.

        (3) At the time which is set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

        (4) Every utility which is owned or operated by the City shall furnish reasonably adequate service and facilities, and the charges which are made for any service which is or will be rendered, or for any service which is connected with or incidental to any service which is or will be rendered, by the City must be just and reasonable.

      2.  Any rate, fee, toll or charge, including any fee for connection which is due for services, facilities or commodities which are furnished by the City or by any utility which is owned or operated by the City pursuant to this section is a lien upon the property to which the service is rendered. The lien:

      (a) Must be perfected by filing with the County Recorder of the County a statement by the City Clerk in which he or she states the amount which is due and unpaid and describes the property which is subject to the lien.

      (b) Is coequal with the latest lien upon that property to secure the payment of general taxes.

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

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

      (e) May be enforced and foreclosed in such manner as may be prescribed by ordinance.

      3.  The City Council:

      (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.

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

      5.  Notwithstanding the provisions of paragraph (a) of subsection 3, an airport may sell telecommunication service to the general public.

      6.  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. 517, Stats. 1983 p. 1403; A—Ch. 565, Stats. 1997 p. 2755; Ch. 416, Stats. 2001 p. 2100; Ch. 216, Stats. 2007 p. 721)

      Sec. 2.310  Powers of City Council: Acquisition or establishment of City utility.

      1.  Except as otherwise provided in subsection 3 of section 2.300 and section 2.315, the City Council, on behalf of the City and in its name, may acquire, establish, hold, manage and operate, alone or with any other government or any instrumentality or subdivision of any government, any public utility in the manner which is provided in this section.

      2.  The City Council must adopt a resolution which sets forth fully and in detail:

      (a) The public utility which is proposed to be acquired or established.

      (b) The estimated cost of that utility, as shown in a recent report, which has been approved by the City Council, of an engineer or consulting firm which had previously been appointed by the City Council for that purpose.

      (c) The proposed bonded indebtedness which must be incurred to acquire or establish that utility, the terms, amount and rate of interest of that indebtedness and the time within which, and the fund from which, that indebtedness is redeemable.

      (d) That a public hearing on the advisability of acquiring the public utility will be held at the first regular meeting of the City Council after the final publication of the resolution.

      3.  The resolution must be published in full at least once a week for 4 successive weeks.

      4.  At the first regular meeting of the City Council, or any adjournment of that meeting, after the completion of the publication, the City Council may, without an election, enact an ordinance for that purpose, which must conform in all respects to the terms and conditions of the resolution, unless, within 30 days after the final publication of the resolution, a petition is filed with the City Clerk which has been signed by a number of registered voters of the City which is not less than 15 percent of the registered voters of the City, as shown by the last preceding registration list, who own not less than 10 percent in assessed value of the taxable property within the City, as shown by the last preceding tax list or assessment roll, and which prays for the submission of the question of the enactment of the proposed ordinance at a special election or the next primary or general municipal election or primary or general state election. Upon the filing of that petition, the proposed ordinance may not be enacted or be effective for any purpose unless, at a special election or primary or general municipal election or primary or general state election, a majority of the votes which are cast in that election are cast in favor of the enactment of the ordinance.

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

      6.  If the proposed ordinance is adopted, without an election or as a result of an election, the City Council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties which are needed in connection with that public utility.

      (Ch. 517, Stats. 1983 p. 1404; A—Ch. 345, Stats. 1993 p. 1101; Ch. 565, Stats. 1997 p. 2756; Ch. 416, Stats. 2001 p. 2101)

      Sec. 2.315  Franchises for the provision of telecommunication service.

      1.  The City Council 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. 2754; A—Ch. 216, Stats. 2007 p. 723)

      Sec. 2.320  Powers of City Council: Cemeteries; acquisition and maintenance.  The City Council may, by any lawful means, acquire, control and maintain property for public use as cemeteries and may from time to time enlarge, abolish or sell any cemetery which has been established or is owned by the City.

      (Ch. 517, Stats. 1983 p. 1405)

      Sec. 2.350  Powers of City Council: General.  The City Council has such other powers, which are not in conflict with the express or implied provisions of this Charter, as are conferred generally by statute upon the governing bodies of cities which are organized under special charters.

      (Ch. 517, Stats. 1983 p. 1406)

ARTICLE III - Executive Department

      Sec. 3.010  Mayor: Executive powers.  The Mayor:

      1.  Is the Chief Executive Officer of the City government.

      2.  Shall take all proper measures for the preservation of the public peace and order and the suppression of riots, tumults and all forms of public disturbances, for which purposes he or she may request assistance from the Sheriff of the Las Vegas Metropolitan Police Department. If the local law enforcement forces are inadequate, he or she may call upon the Governor for military aid in the manner provided by law.

      3.  Shall perform such other emergency duties as may be necessary for the public health, safety, prosperity, security, general welfare and orderly government of the City and its inhabitants.

      4.  Must sign all contracts, resolutions and ordinances which have been approved by the City Council. If the Mayor refuses to sign any contract, resolution or ordinance which has been approved by the City Council within 5 days after he or she has received it, the Mayor pro tempore shall, at the direction of the City Council which is given at a duly convened meeting of the City Council, sign that contract, resolution or ordinance.

      5.  Perform such other duties as may be prescribed by ordinance or by the provisions of NRS which apply to a mayor of a city which is organized under the provisions of a special charter.

      (Ch. 517, Stats. 1983 p. 1406)

      Sec. 3.020  Mayor and Council Members: Executive assistants; employees.  The Mayor and Council Members may recommend such executive assistants and employees as they may require, to be appointed by the City Manager subject to the ratification of the City Council.

      (Ch. 517, Stats. 1983 p. 1406)

      Sec. 3.030  City Manager: Appointment; duties; salary.  The City Council shall appoint a City Manager as the Chief Administrative Officer of the City, and fix his or her salary. The City Manager is responsible to the City Council for the efficient and proper administration of all of the affairs of the City. In this connection, he or she shall:

      1.  Exercise careful supervision of the City’s general affairs.

      2.  Exercise control over all of the departments and divisions of City government and over all of the officers and employees of the City.

      3.  From time to time, give to the City Council information in writing concerning the state of the City and recommend to the City Council the adoption of such measures, bills and programs as he or she deems are necessary, appropriate, expedient or beneficial to the City.

      4.  Cause to be prepared and submit to the City Council the annual budget of the City.

      5.  See that all general laws and ordinances of the City are observed and enforced.

      6.  See that all contracts of the City are faithfully kept and fully performed and, to that end and in any case in which it is necessary or appropriate in order to protect the interests of the City, must, with the approval of the City Council, cause legal proceedings to be instituted or defended at the expense of the City.

      7.  Execute those contracts and other documents the execution of which is delegated, either specifically or generally, to him or her by the City Council.

      8.  Perform such other administrative duties as are designated by the City Council or as may be prescribed by ordinance.

      9.  Have no other employment.

      (Ch. 517, Stats. 1983 p. 1406)

      Sec. 3.040  City Manager: Additional powers.  In addition to the duties which are imposed upon him or her by section 3.030 of this Charter, the City Manager may:

      1.  Appoint such deputies, administrative assistants and clerical personnel as he or she deems necessary.

      2.  Require from each Municipal Judge and each appointive officer of the City at any time a report in detail with respect to all of the transactions of their respective offices or of any matters which are connected with their respective offices.

      (Ch. 517, Stats. 1983 p. 1407)

      Sec. 3.050  City Manager: Removal.

      1.  The City Council may remove the City Manager from office in accordance with the procedure which is contained in this section.

      2.  The City Council must adopt, by the affirmative vote of a majority of its entire membership, a preliminary resolution which must state the reasons for the proposed removal and may suspend the City Manager from duty for a period not to exceed 15 days. A copy of the resolution must be delivered promptly to the City Manager.

      3.  Within 5 days after a copy of the resolution is delivered to the City Manager, he or she may file with the City Clerk a written request for a public hearing. The public hearing must be held at a meeting of the City Council not earlier than 15 days nor later than 30 days after the request is filed. The City Manager may file with each member of the City Council a written reply to the reasons which are stated in the resolution not later than 5 days before the hearing.

      4.  The City Council may adopt a final resolution of removal, which may be made effective immediately, by the affirmative vote of a majority of its entire membership at any time after 5 days after the date on which the copy of the preliminary resolution was delivered to the City Manager, if he or she has not requested a public hearing, or at any time after the public hearing, if he or she has requested one.

      5.  The City Manager is entitled to receive his or her salary until the effective date of the final resolution of removal. The discretionary decision of the City Council in suspending or removing the City Manager is not subject to review by any agency or court.

      (Ch. 517, Stats. 1983 p. 1407)

      Sec. 3.060  Creation of departments, divisions.  The City Council may provide by ordinance for such departments and divisions of departments as the affairs of the City may require.

      (Ch. 517, Stats. 1983 p. 1408)

      Sec. 3.070  Appointive officers: Appointment by City Manager.  The City Manager shall appoint the following officers, subject to ratification by the City Council:

      1.  Director of Financial Management.

      2.  Director of Public Services.

      3.  Fire Chief.

      4.  City Clerk.

      5.  City Treasurer.

      6.  A Director of each department which is established pursuant to section 3.060.

      7.  Such other officers as may be necessary.

      (Ch. 517, Stats. 1983 p. 1408; A—Ch. 45, Stats. 1991 p. 93; Ch. 338, Stats. 2007 p. 1535)

      Sec. 3.080  Appointive officers: Deputies, employees.

      1.  Appointive officers may recommend for appointment by the City Manager such deputies and employees as they may require.

      2.  Deputies of the appointive officers have the same powers as their principals.

      (Ch. 517, Stats. 1983 p. 1408)

      Sec. 3.090  City Clerk: Duties.  The City Clerk shall:

      1.  Keep the corporate seal and all papers and records which belong to the City.

      2.  Keep a record of the proceedings of the City Council and attend all meetings of the City Council.

      3.  Attest to the signature of the Mayor or Mayor pro tempore on all contracts, resolutions, ordinances and other documents which have been approved by the City Council and signed by the Mayor or Mayor pro tempore.

      (Ch. 517, Stats. 1983 p. 1408)

      Sec. 3.100  City Attorney: Appointment; salary; qualifications; duties; private practice prohibited.

      1.  The City Council shall appoint a City Attorney and shall fix his or her salary.

      2.  The City Attorney must be:

      (a) A duly licensed member, in good standing, of the State Bar of Nevada.

      (b) The Chief Legal Officer of the City and, as such, shall advise the City Council and all offices of the City in all matters with respect to the affairs for the City and perform such duties as may be designated by the City Council or prescribed by ordinance.

      3.  The City Attorney is under the general direction and supervision of the City Council.

      4.  Except as otherwise provided in NRS 7.065, the City Attorney and Deputy City Attorneys may not engage in the private practice of law.

      (Ch. 517, Stats. 1983 p. 1408; A—Ch. 45, Stats. 1991 p. 93; Ch. 288, Stats. 2003 p. 1512)

      Sec. 3.110  Appointment of Special Counsel; expenses.  The City Council may employ Special Counsel to aid the City Attorney whenever in its judgment the public interest requires that employment, and the expense of employing Special Counsel must be allowed and paid in the same manner as other claims against the City.

      (Ch. 517, Stats. 1983 p. 1409)                              

      Sec. 3.120  County Assessor to be City Assessor; duties.

      1.  The County Assessor of the County is, ex officio, the City Assessor of the City.

      2.  At the request of the Assessor, the City Council may appoint and fix the salary of a Deputy City Assessor to perform such duties with respect to city assessments as the City Council deems are necessary.

      (Ch. 517, Stats. 1983 p. 1409)

      Sec. 3.130  Department of Financial Management: Director; qualifications; duties.

      1.  The City Council shall establish a Department of Financial Management, the head of which is the Director of Financial Management. The Department of Financial Management may also include such other qualified personnel as the City Manager determines are necessary properly to handle the financial matters of the City.

      2.  The Director of Financial Management:

      (a) Must have knowledge of municipal accounting and taxation.

      (b) Must have experience in budgeting and financial control.

      (c) Has charge of the administration of the financial affairs of the City.

      (d) Must provide a surety bond in the amount which is fixed by the City Council.

      (e) Shall perform or cause to be performed on behalf of the City all of the duties and responsibilities which are imposed upon the City by NRS 354.470 to 354.626, inclusive.

      3.  The City Council may establish by ordinance such regulations as it deems are necessary for the proper conduct of the Department of Financial Management and its officers and employees.

      (Ch. 517, Stats. 1983 p. 1409; A—Ch. 307, Stats. 2011 p. 1694)

      Sec. 3.140  Department of Financial Management: Audits.

      1.  The Department of Financial Management shall maintain complete records of all fiscal transactions of and claims against the City.

      2.  Before payment, all claims and accounts against the City must be approved by the Department of Financial Management. No money may be paid for any purpose except by following procedures which have been approved by the City Council. The City Treasurer shall prepare all warrants, to be drawn against the proper accounts, in payment of those claims. The warrants which are issued must bear the signatures of the Director of Financial Management and the City Treasurer. Facsimile signatures may be permitted under the procedures which are prescribed by ordinance.

      (Ch. 517, Stats. 1983 p. 1409; A—Ch. 338, Stats. 2007 p. 1535)

      Sec. 3.150  City Treasurer: Duties.  The City Treasurer:

      1.  Shall perform such duties as may be prescribed by ordinance or designated by the City Manager pursuant to section 3.180.

      2.  Must provide a surety bond in the amount which is fixed by the City Council.

      (Ch. 517, Stats. 1983 p. 1409; A—Ch. 338, Stats. 2007 p. 1535)

      Sec. 3.160  Director of Financial Management, City Treasurer: Official bonds.  The Director of Financial Management and City Treasurer are liable and accountable on their official bonds for the performance of their duties under the provisions of this Charter, and the City Council may require from them such additional security as may be necessary from time to time.

      (Ch. 517, Stats. 1983 p. 1410)

      Sec. 3.170  City Auditor: Duties.

      1.  The City Council shall appoint a City Auditor and fix the salary of that office.

      2.  The City Auditor shall report directly to the City Council, or to a committee designated by the City Council, and shall perform such duties as may be designated by the City Council or prescribed by ordinance.

      (Ch. 517, Stats. 1983 p. 1410; A—Ch. 347, Stats. 1999 p. 1419)

      Sec. 3.180  Appointive officers: Qualification; duties restricted and altered.

      1.  The City Council may prescribe by ordinance the qualifications, powers and duties of all appointive officers of the City, if those qualifications, powers and duties have not been established by this Charter, and may add to, alter or restrict those qualifications, powers and duties from time to time.

      2.  The City Manager may designate additional qualifications, powers and duties of all of the appointive City officers, except the City Attorney and City Auditor, which are not in conflict with the provisions of this Charter or any ordinance which prescribes those qualifications, powers and duties, as he or she deems necessary or appropriate, and may add to, alter or restrict those qualifications, powers and duties from time to time.

      (Ch. 517, Stats. 1983 p. 1410; A—Ch. 45, Stats. 1991 p. 93; Ch. 347, Stats. 1999 p. 1419)

      Sec. 3.190  Director of Public Services: Qualifications.  The Director of Public Services must have such qualifications as may be prescribed by ordinance.

      (Ch. 517, Stats. 1983 p. 1410; A—Ch. 338, Stats. 2007 p. 1536)

      Sec. 3.200  City Engineer: Qualifications; duties.

      1.  The Director of Public Services may recommend, for appointment by the City Manager, a City Engineer, who must be a licensed professional engineer in the State.

      2.  The City Engineer shall perform such duties as may be designated by the Director of Public Services or prescribed by ordinance.

      (Ch. 517, Stats. 1983 p. 1410)

      Sec. 3.210  Appointive officers: Removal.

      1.  Except as otherwise provided in subsection 2, each appointive officer serves at the pleasure of the City Manager and may be removed by him or her at any time, subject to ratification by the City Council.

      2.  The City Attorney and City Auditor serve at the pleasure of the City Council and may be removed by an affirmative vote of a majority of the entire membership of the City Council at any time.

      (Ch. 517, Stats. 1983 p. 1410; A—Ch. 45, Stats. 1991 p. 94; Ch. 347, Stats. 1999 p. 1419)

      Sec. 3.220  Appointive officers: Performance of duties; salary.

      1.  All appointive officers of the City, except the City Manager, City Attorney, City Auditor and the Board of Civil Service Trustees, must have such qualifications and powers and shall perform such duties, under the direction of the City Manager, as may be designated by the City Manager or are prescribed, conferred or imposed by ordinance, this Charter or general law.

      2.  All appointive officers of the City and their deputies, except the City Attorney and City Auditor, must receive such salary as may be designated by the City Manager within the salary ranges which have been established for their respective positions by the City Council.

      (Ch. 517, Stats. 1983 p. 1410; A—Ch. 45, Stats. 1991 p. 94; Ch. 347, Stats. 1999 p. 1419)

      Sec. 3.230  Appointive officers; City Manager’s direction; administration of departments.  All departments, offices and agencies, except the City Manager, City Attorney, City Auditor and the Board of Civil Service Trustees, are under the general direction and supervision of the City Manager and must be administered by an officer who is subject to the immediate direction and supervision of the City Manager. With the consent of the City Council, the City Manager may serve also as the Director of one or more departments, offices or agencies and may appoint one person to be the Director of two or more departments, offices or agencies.

      (Ch. 517, Stats. 1983 p. 1411; A—Ch. 45, Stats. 1991 p. 94; Ch. 347, Stats. 1999 p. 1420)

      Sec. 3.240  Appointive and elective offices: Oath of office; surety and performance bonds.

      1.  Each officer of the City, whether he or she is elected or appointed, must, before entering upon the duties of his or her office, take and subscribe to the constitutional oath of office.

      2.  The City Council may require from all of the officers, whether they are elected or appointed, and employees of the City who are responsible for handling City funds sufficient security for the faithful and honest performance of their respective duties and for the payment of all money received by those officers, according to law and the ordinances of the City.

      (Ch. 517, Stats. 1983 p. 1411)

      Sec. 3.250  Appointive and elective offices: Filing of bonds; additional bonds.

      1.  All bonds which are given by the officers, whether they are elected or appointed, and employees of the City must be filed with the City Clerk.

      2.  The City Council may, at any time, require further and additional bonds of any officer, whether he or she is elected or appointed, or employee of the City.

      (Ch. 517, Stats. 1983 p. 1411)

      Sec. 3.260  Appointive and elective offices: Surrender of effects of office. Each officer, whether he or she is elected or appointed, of the City shall, within 5 days after notification and request by the City Manager, deliver to that officer’s successor in office all properties, books and effects of every description in his or her possession which belong to the City or pertain to his or her office, and, upon his or her failure, refusal or neglect to do so, becomes liable for all damages which are caused by his or her failure, refusal or neglect, and to such penalty as may be prescribed by ordinance.

      (Ch. 517, Stats. 1983 p. 1411)

      Sec. 3.270  Appointive and elective offices: Interest in City contracts prohibited.  No officer of the City, whether he or she is elected or appointed, may be directly or indirectly interested in:

      1.  Any contract, work or business of the City.

      2.  The sale of any article to the City.

      3.  The purchase of property, real or personal, which belongs to the City.

      (Ch. 517, Stats. 1983 p. 1411)

      Sec. 3.280  Appointive and elective officers: Collection and disposition of money.

      1.  All taxes, fines, forfeitures or other money of the City which is collected or recovered by any officer, whether he or she is elected or appointed, or any employee of the City or other person pursuant to this Charter or any valid ordinance of the City must be paid by the officer or employee or person who collects or receives that money to the Director of Financial Management, who must dispose of it in accordance with the ordinances, regulations and procedures which have been established by the City Council.

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

      (Ch. 517, Stats. 1983 p. 1412)

      Sec. 3.290  Appointive and elective offices: Additional cause for removal; filling of vacancy.  In addition to any other provision of this Charter or in the general law which relates to the removal of public offices, any officer of the City, whether he or she is elected or appointed, must be removed for any of the causes and in the manner which are specified in chapter 283 of NRS, and the vacancy which is caused by that removal must be filled as prescribed by law.

      (Ch. 517, Stats. 1983 p. 1412)

      Sec. 3.300  Programs: Employment and Training.

      1.  Except as otherwise provided in subsection 2 and in addition to any other powers authorized by specific statute, the City Council may exercise such powers and enact such ordinances, not in conflict with the laws of this State, as the City Council determines are necessary and proper for the development and provision of programs relating to employment and training.

      2.  The City Council shall not impose or increase a tax for the purposes set forth in subsection 1 unless the tax or increase is otherwise authorized by specific statute.

      (Added—Ch. 338, Stats. 2007 p. 1532)

ARTICLE IV - Judicial Department

      Sec. 4.010  Municipal Court.

      1.  There is a Municipal Court of the City which consists of at least two departments, each of which must be presided over by a Municipal Judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this Charter, governed by chapters 5 and 266 of NRS which relate to municipal courts.

      2.  The City Council may from time to time establish additional departments of the Municipal Court and shall appoint an additional Municipal Judge for each.

      3.  At the first general election which follows the appointment of an additional Municipal Judge to a newly created department of the Municipal Court, the successor to that Municipal Judge must be elected for a term of not more than 6 years, as determined by the City Council, in order to effectuate the intent of this provision that, as nearly as practicable, at least one-third of the number of Municipal Judges be elected every 2 years.

      4.  The respective departments of the Municipal Court must be numbered 1 through the appropriate Arabic number, as additional departments are approved by the City Council. A Municipal Judge must be elected for each department by number.

      (Ch. 517, Stats. 1983 p. 1412; A—Ch. 208, Stats. 1985 p. 674; Ch. 454, Stats. 1989 p. 967; Ch. 6, Stats. 2001 p. 10)

      Sec. 4.020  Municipal Court: Qualifications of Municipal Judges; salary; Master Judge; departments; Alternate Judges.

      1.  Each Municipal Judge shall devote his or her full time to the duties of his or her office and must be:

      (a) A duly licensed member, in good standing, of the State Bar of Nevada, but this qualification does not apply to any Municipal Judge who is an incumbent when this Charter becomes effective as long as he or she continues to serve as such in uninterrupted terms.

      (b) A qualified elector who has resided within the territory which is established by the boundaries of the City for a period of not less than 30 days immediately before the last day for filing a declaration of candidacy for the department for which he or she is a candidate.

      (c) Voted upon by the registered voters of the City at large.

      2.  The salary of the Municipal Judges must be fixed by ordinance and be uniform for all departments of the Municipal Court. The salary may be increased during the terms for which the Judges are elected or appointed.

      3.  The Municipal Judges of the six departments shall elect a Master Judge from among their number. The Master Judge shall hold office for a term of 2 years commencing on July 1 of each year of a general municipal election. If a vacancy occurs in the position of Master Judge, the Municipal Judges shall elect a replacement for the remainder of the unexpired term. If two or more Municipal Judges receive an equal number of votes for the position of Master Judge, the candidates who have received the tie votes shall resolve the tie vote by the drawing of lots. The Master Judge:

      (a) Shall establish and enforce administrative regulations for governing the affairs of the Municipal Court.

      (b) Is responsible for setting trial dates and other matters which pertain to the Court calendar.

      (c) Shall perform such other Court administrative duties as may be required by the City Council.

      4.  Alternate Judges in sufficient numbers may be appointed annually by the Mayor, each of whom:

      (a) Must be a duly licensed member, in good standing, of the State Bar of Nevada and have such other qualifications as are prescribed by ordinance.

      (b) Has all of the powers and jurisdiction of a Municipal Judge while acting as such.

      (c) Is entitled to such compensation as may be fixed by the City Council.

      5.  Any Municipal Judge, other than an Alternate Judge, automatically forfeits his or her office if he or she ceases to be a resident of the City.

      (Ch. 517, Stats. 1983 p. 1413; A—Ch. 127, Stats. 1989 p. 283; Ch. 338, Stats. 2007 p. 1536; Ch. 218, Stats. 2011 p. 958)

      Sec. 4.030  Disposition of fines.  All of the fines and forfeitures which are imposed by the Municipal Court must be paid into the Treasury of the City in the manner and at the times prescribed by ordinance.

      (Ch. 517, Stats. 1983 p. 1413)

      Sec. 4.040  Hearing Commissioners.

      1.  The City Council may appoint one or more Hearing Commissioners to hear and decide:

      (a) Any action for a misdemeanor constituting a violation of chapters 484A to 484E, inclusive, of NRS, except NRS 484C.110; and

      (b) Any action for a misdemeanor constituting a violation of the Las Vegas Municipal Code, except chapter 11.14 of that Code.

      2.  Each Hearing Commissioner must:

      (a) Be a duly licensed member, in good standing, of the State Bar of Nevada;

      (b) Be a resident of the State;

      (c) Be a qualified elector in the City;

      (d) Have been a bona fide resident of the City for not less than 1 year next preceding his or her appointment; and

      (e) Not have ever been removed or retired from any judicial office by the Commission on Judicial Discipline.

      3.  In connection with any action of a type described in subsection 1, a Hearing Commissioner has all the powers and duties of a Municipal Judge and a magistrate pursuant to the laws of this State. To the extent possible and practicable, the proceedings in such actions must be subject to and governed by the provisions of the laws of this State, this Charter and city ordinances pertaining to Municipal Judges.

      4.  Hearing Commissioners shall receive such compensation as may be allowed by the City Council.

      (Added—Ch. 338, Stats. 2007 p. 1532)

ARTICLE V - Elections

      Sec. 5.010  Primary municipal elections.  Except as otherwise provided in section 5.020:

      1.  On the Tuesday after the first Monday in April 2001, and at each successive interval of 4 years, a primary municipal election must be held in the City at which time candidates for half of the offices of Council Member and for Municipal Judge, Department 2, must be nominated.

      2.  On the Tuesday after the first Monday in April 2003, and at each successive interval of 4 years, a primary municipal election must be held in the City at which time candidates for Mayor, for the other half of the offices of Council Member and for Municipal Judge, Department 1, must be nominated.

      3.  The candidates for Council Member who are to be nominated as provided in subsections 1 and 2 must be nominated and voted for separately according to the respective wards. The candidates from each even-numbered ward must be nominated as provided in subsection 1, and the candidates from each odd-numbered ward must be nominated as provided in subsection 2.

      4.  If the City Council has established an additional department or departments of the Municipal Court pursuant to section 4.010 and, as a result, more than one office of Municipal Judge is to be filled at any election, the candidates for those offices must be nominated and voted upon separately according to the respective departments.

      5.  Each candidate for the municipal offices which are provided for in subsections 1, 2 and 4 must file a declaration of candidacy with the City Clerk. All filing fees collected by the City Clerk must be paid into the City Treasury.

      6.  If, in the primary municipal election, regardless of the number of candidates for an office, one candidate receives a majority of votes which are cast in that election for the office for which he or she is a candidate, he or she must be declared elected for the term which commences on the day of the first regular meeting of the City Council next succeeding the meeting at which the canvass of the returns is made, and no general municipal election need be held for that office. If, in the primary municipal election, no candidate receives a majority of votes which are cast in that election for the office for which he or she is a candidate, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general municipal election.

      (Ch. 517, Stats. 1983 p. 1413; A—Ch. 193, Stats. 1991 p. 363; Ch. 570, Stats. 1997 p. 2790; Ch. 100, Stats. 1999 p. 273; Ch. 187, Stats. 1999 p. 915; Ch. 637, Stats. 1999 p. 3565; Ch. 218, Stats. 2011 p. 959)

      Sec. 5.020  General municipal election.

      1.  Except as otherwise provided in subsection 2, a general municipal election must be held in the City on the Tuesday after the first Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time there must be elected those officers whose offices are required to be filled by election in that year.

      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 ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.

      5.  All candidates for elective office, except the office of Council Member, must be voted upon by the registered voters of the City at large.

      (Ch. 517, Stats. 1983 p. 1415; A—Ch. 218, Stats. 2011 p. 960; Ch. 263, Stats. 2013 p. 1183)

      Sec. 5.030  Applicability of state election laws; elections under City Council’s control.

      1.  All elections which are held under this Charter are governed by the election laws of the 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 City Council. The City Council shall prescribe by ordinance all of the regulations which it considers are desirable and consistent with law and this Charter 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.

      (Ch. 517, Stats. 1983 p. 1415)

      Sec. 5.040  Qualifications, registration of electors.

      1.  Each person who is a resident of 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 that municipal election, whether special, primary or general, and for all of the officers who are to be voted for and on all of the questions that may be submitted to the people at that special, primary or general election, except as is otherwise provided in this article.

      2.  The City Council may provide for supplemental registration.

      (Ch. 517, Stats. 1983 p. 1415)

      Sec. 5.050  Names on ballots.

      1.  The full names of all of the 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 name or names which are so similar as 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 ballots; 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. 517, Stats. 1983 p. 1415; A—Ch. 312, Stats. 2003 p. 1730)

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

      (Ch. 517, Stats. 1983 p. 1415)

      Sec. 5.070  Availability of lists of registered voters.  If, for any purpose which relates to a municipal election or to the candidates or issues which are involved in that election, any organization, group or person requests a list of the 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 that organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish the list upon payment of the fee which is prescribed in chapter 293 of NRS.

      (Ch. 517, Stats. 1983 p. 1416; A—Ch. 581, Stats. 2001 p. 2971; Ch. 470, Stats. 2005 p. 2304)

      Sec. 5.080  Watchers and challengers.  A candidate may, upon written application to the election authorities at least 5 days before the election, appoint two persons to represent him or her as watchers and challengers at each polling place at which voters may cast their ballots for the office for which he or she is a candidate. Each person who has been appointed has all of the rights and privileges which are prescribed for watchers and challengers under the election laws of the State. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.

      (Ch. 517, Stats. 1983 p. 1416)

      Sec. 5.090  Voting machines.  The City Council may provide for the use of mechanical or other devices for voting or for counting the votes, or both, which are not inconsistent with the law or the regulations of the Secretary of State.

      (Ch. 517, Stats. 1983 p. 1416)

      Sec. 5.100  Election returns; canvass; declaration of results; certificates of election; entry of officers upon duties; procedure for tied vote.

      1.  The returns of any special, primary or general municipal election must be filed with the City Clerk, who shall immediately place those returns in a safe or vault, and no person may be permitted to handle, inspect or in any manner interfere with those returns until they have been canvassed by the City Council.

      2.  The City Council shall meet within 10 days after any election, canvass the returns and declare the result. The election returns must then be sealed and kept by the City Clerk for 6 months, and no person may have access to the returns 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 who is declared to be elected a certificate of election. The officers who have been elected shall qualify and enter upon the discharge of their respective duties on the day of the first regular meeting of the City Council next succeeding the meeting at which the canvass of the returns is made.

      4.  If the election for any office results in a tie, the City Council shall summon the candidates who received the equal number of votes and determine the tie by lot. The Clerk shall then issue to the winner a certificate of election.

      (Ch. 517, Stats. 1983 p. 1416; A—Ch. 193, Stats. 1991 p. 364)

      Sec. 5.110  Special elections: Registration of electors.

      1.  If a question is to be submitted to the registered voters of the City at a municipal or state primary or general election, no notice of registration of electors is required other than that which is required by the election laws of the State for that election. If the question is to be submitted at a special municipal election, the City Clerk shall at the expense of the City, cause to be published at least once a week for 5 consecutive weeks by five weekly insertions 1 week apart, the first publication to be not more than 60 days nor less than 45 days next preceding the election, a notice which has been signed by him or her to the effect that registration for the special election will be closed on the date which is designated in the notice, as provided in this section.

      2.  Except as provided in this subsection, the Office of the City Clerk must be open for the special election from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with legal holidays excepted, for the registration of any qualified elector.

      (Ch. 517, Stats. 1983 p. 1416)

      Sec. 5.120  Special elections: Notice of election.

      1.  The City Clerk shall cause a notice of a special municipal election to be published at least once a week for 2 consecutive weeks by two weekly insertions 1 week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the special election.

      2.  The notice of the special election must contain:

      (a) The date and places of holding the election.

      (b) The hours during the day in which the polls will be open, which must be the same as are provided for general elections.

      (c) A statement of the question in substantially the same form as it will appear on the official ballot.

      (Ch. 517, Stats. 1983 p. 1417)

      Sec. 5.130  Special elections: Consolidation of voting precincts; qualification of voters; costs.

      1.  The City Clerk may consolidate or otherwise modify voting precincts for any special municipal election and shall designate the polling places, appoint the officers of the election for each precinct in such number as he or she may determine, and fix the respective duties and compensation of those officers.

      2.  Any qualified elector who is properly registered is qualified to vote at the special election.

      3.  The costs of any special election must be paid by the City.

      (Ch. 517, Stats. 1983 p. 1417)

ARTICLE VI - Local Improvements

      Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection 3 of section 2.300 and section 2.315, 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, in addition to the projects authorized by chapter 271 of NRS:

      1.  Street lighting projects;

      2.  Underground electric and communication facilities; and

      3.  Any combination of those projects.

      (Ch. 517, Stats. 1983 p. 1417; A—Ch. 565, Stats. 1997 p. 2757; Ch. 416, Stats. 2001 p. 2103)

      Sec. 6.020  Local improvement law: Collateral powers.  The City Council, on behalf of the City, for the purpose of defraying all of the costs of acquiring, improving or converting to any project which is authorized by section 6.010, or any portion of those costs which are not to be defrayed with money which is otherwise available for that purpose, is vested with all of the powers which are granted to municipalities by chapters 271 and 704A of NRS.

      (Ch. 517, Stats. 1983 p. 1417)

ARTICLE VII - Finances, Borrowings and Franchises

      Sec. 7.010  Finances: Control, appropriation.  The City Council:

      1.  Controls the finances of the City.

      2.  Shall appropriate money only for City purposes and such other purposes as may be provided by law or regulation, either federal or state, and provide for the payment of the debts and expenses of the City.

      3.  Shall pay the cost and expense of the buildings and land for the use of the City from the proper fund of the City, including without limitation the proceeds of bonds which are issued pursuant to sections 7.020 and 7.030 of this Charter.

      (Ch. 517, Stats. 1983 p. 1418)

      Sec. 7.020  Borrowing money.

      1.  Subject to the limitations which are imposed by this article and in the manner and to the extent provided in the Constitution and laws of the State, the City may borrow money for any municipal purpose, including without limitation any purpose which is expressly authorized by this Charter or by any provision of NRS which pertains to cities, and, for that purpose, may:

      (a) Issue general obligation bonds, revenue bonds, revenue bonds for the payment of which the full faith and credit of the City is also pledged or other general or special obligation securities.

      (b) Issue general obligation refunding bonds.

      (c) Additionally secure the payment of its general obligation securities by a pledge of any revenue (other than tax proceeds) which is legally available for that purpose.

      2.  NRS 350.500 to 350.720, inclusive, apply to all of the securities which may be issued pursuant to this Charter, except securities which are issued pursuant to section 6.020 of this Charter. All of the securities which are issued pursuant to this Charter may be in such amounts and forms and contain such conditions as the City Council may from time to time determine.

      3.  Any property tax which is levied to pay the principal of or interest on any indebtedness which is incurred pursuant to subsection 1, must be levied upon all of the taxable property within the City, as provided in NRS 350.590 to 350.602, inclusive.

      4.  Any ordinance which pertains to the sale or issuance of bonds or other securities, including without limitation securities which are issued pursuant to section 6.020 of this Charter, may be adopted in the manner as is provided in 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. 517, Stats. 1983 p. 1418)

      Sec. 7.030  Sewer revenue bonds.  The City Council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties which are needed in connection with the conservation, treatment and disposal of sewage waste and storm water.

      (Ch. 517, Stats. 1983 p. 1419)

      Sec. 7.040  Debt limit.

      1.  The City may not issue or have outstanding at any time bonds which, when taken together with all of the notes, warrants, scrip or other evidences of indebtedness which are then outstanding, will create a total indebtedness in an amount greater than 20 percent of the total assessed valuation of the taxable property within its boundaries, as shown by the last preceding tax list or assessment roll.

      2.  In determining any debt limitation under this section, the following may not be considered as indebtedness:

      (a) Revenue bonds, unless the full faith and credit of the City is also pledged to their payment;

      (b) 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) Short-term securities which are issued in anticipation of and payable from the property taxes which are levied for the current fiscal year;

      (d) Interim warrants which are issued pursuant to chapter 271 of NRS; and

      (e) Securities which are described in subsection 4 of section 8.240 of this Charter.

      (Ch. 517, Stats. 1983 p. 1419)

      Sec. 7.050  Granting of franchises.

      1.  The City may, either alone or jointly with any other government or any instrumentality or subdivision of any government and for any purpose which is provided in this Charter or in any provision of NRS which pertains to cities, grant a franchise to any person, firm or corporation to:

      (a) Lay, operate and maintain in, upon, over or under any public right-of-way of the City or other public place in the City fixed guides or rails for any means of transportation.

      (b) Construct, operate and maintain gas, electric or other lighting and heating works in the City and give that person, firm or corporation the privilege of furnishing light or heat, or both, for the public buildings, streets and alleys of the City.

      (c) Construct, operate and maintain communication facilities and systems in the City.

      2.  The City Council may grant no franchise for a term which is longer than 50 years, and no franchise for any purpose may be granted within the City except as is provided in this Charter. Nothing which is contained in this Charter, however, impairs any franchise which was granted by the City before this Charter became effective.

      3.  Before granting any franchise, the City Council must adopt a resolution which sets forth fully and in detail the applicant for and the purpose, character, term, time and conditions of the proposed franchise and states that a public hearing on the advisability of granting the proposed franchise will be held at the first regular meeting of the City Council after the final publication of the resolution.

      4.  The resolution must be published in full at least twice in the 2 weeks which follow its adoption.

      5.  At the first regular meeting of the City Council after the completion of the publication, the City Council may enact an ordinance for the granting of the franchise but the franchise may be granted only on substantially the same terms and conditions as are expressed in the resolution as published. Otherwise the ordinance is void.

      (Ch. 517, Stats. 1983 p. 1419)

ARTICLE VIII - Revitalization and Redevelopment

      Sec. 8.010  Legislative declaration.  The Legislature by the inclusion of this article in this Charter declares that:

      1.  All of the property which is to be acquired by the City pursuant to this article must be owned, operated, administered and maintained for and on behalf of all of the people of the City.

      2.  The exercise by the City of the purposes, powers, rights, privileges, immunities and duties which are established, granted, conferred and imposed in this article promotes the public health, safety, prosperity, security, comfort, convenience and general welfare of all of the people of the State and will be of special benefit to the inhabitants of the City and the property within the City.

      3.  The provisions in this article which involve the purposes, powers, rights, privileges, immunities, liabilities, duties and disabilities with respect to the City will serve a public purpose.

      4.  The necessity for this article results from:

      (a) The large population growth in the urban areas which are included within the City and its environs, which constitutes in the aggregate a significant portion of the State’s population;

      (b) The numerous capital improvements and large amount of improved real property which is situate within the urban areas;

      (c) The need for capital improvements within certain areas within the City to provide needed services, facilities and other improvements for public use;

      (d) The existence of blighted or deteriorating areas within the City which constitutes a serious and growing menace which is condemned as injurious and inimical to the public health, safety and general welfare of the people of the State, and particularly of the City;

      (e) The lack of municipally owned capital improvements and the blighted or deteriorating areas which present difficulties and handicaps beyond remedy and control solely by the regulatory processes in the exercise of the police power;

      (f) Deficiencies which contribute substantially and increasingly to the problems of, and necessitate excessive and disproportionate expenditures for, crime prevention and the preservation of the public health, safety and general welfare;

      (g) Deficiencies which also constitute an economic and social liability which imposes onerous municipal burdens which decrease the tax base and reduce tax revenues, aggravate traffic hazards and the improvement of the traffic facilities; and

      (h) The fact that the areas in which these deficiencies exist consume an excessive proportion of the City’s revenues because of the extra services which are required for police, fire, accident, hospitalization and other forms of public protection.

      5.  The menace which results from the foregoing factors is becoming increasingly direct and substantial in its significance and effect.

      6.  The benefits which the City will derive from the remedying of these deficiencies by making available additional revenues to defray indirectly the costs of undertakings within the City which are authorized by NRS 268.672 to 268.740, inclusive, the development of mixed-use and transit-oriented communities, and the redevelopment of blighted or deteriorating areas within the City will inure to the inhabitants and the property owners of the City as a whole, will be of general benefit to those people and will be of special benefit to the taxable real property within a tax increment area and to the owners of that property.

      7.  The method of paying the bond requirements of the securities which are issued pursuant to this article is equitable and enables the City to issue securities to defray the cost of any project.

      8.  A general law cannot be made applicable to the City or to the properties, powers, rights, privileges, immunities, liabilities, duties and disabilities which pertain to the City, as provided in this article, because of the number of atypical factors and special conditions with respect to them.

      9.  For the accomplishment of the purposes which are provided in this section, each of the provisions of this article must be broadly construed.

      (Ch. 517, Stats. 1983 p. 1420; A—Ch. 404, Stats. 2005 p. 1593)

      Sec. 8.020  Definitions.  Except as is provided in this article or where the context otherwise requires, the terms which are used or referred to in this article are as defined in NRS 268.672 to 268.740, inclusive, and, except as is otherwise provided in those sections, as defined in NRS 350.500 to NRS 350.720, inclusive, but the definitions which are contained in sections 8.030 to 8.110, inclusive, of this Charter, except where the context otherwise requires, govern the construction of this article.

      (Ch. 517, Stats. 1983 p. 1421)

      Sec. 8.030  “Bond requirements” defined.  “Bond requirements” means the principal of, any prior redemption premiums due in connection with and the interest on the designated bonds or other securities.

      (Ch. 517, Stats. 1983 p. 1421)

      Sec. 8.040  “Cost of undertaking” defined.  “Cost of the undertaking,” or any phrase of similar import, means the “cost of any project” as the latter phrase is defined in NRS 350.516.

      (Ch. 517, Stats. 1983 p. 1422)

      Sec. 8.050  “Engineer” defined.  “Engineer,” without further qualification, means the City Engineer or a firm of engineers which is employed by the City in connection with any undertaking or any project or the exercise of any power which is authorized in this article.

      (Ch. 517, Stats. 1983 p. 1422)

      Sec. 8.060  “Facilities” defined.

      1.  “Facilities” means buildings, structures, utilities or other properties which pertain to any undertaking or project which is authorized in this article, including without limitation income-producing facilities and facilities which are acquired with the proceeds of bonds or other securities which are issued under that article.

      2.  The term includes all of the properties, real, personal, mixed or otherwise, which are acquired by the City or the public body, as the case may be, by any undertaking for any one or more projects through purchase, condemnation, construction or otherwise and are used in connection with any of those projects and related services or in any way which pertains to those projects or services, whether they are situate within or without, or both within and without, the corporate boundaries of the City or the territorial limits of the public body, as the case may be.

      (Ch. 517, Stats. 1983 p. 1422)

      Sec. 8.070  “Mailed notice,” “notice by mail” defined.  “Mailed notice” and “notice by mail” each means the giving by the Engineer, City Clerk or any of their deputies, as determined by the City Council, of any designated written or printed notice which must be addressed to any designated person, or to the last known owner of each tract in any tax increment area, at his or her last known address by the deposit, at least 20 days before the designated hearing or other time or event, in the United States mails, postage prepaid as first-class mail.

      (Ch. 517, Stats. 1983 p. 1422)

      Sec. 8.080  “Posting” defined.

      “Posting” means posting any required notice in three public places at or near the site of any designated undertaking or project at least 20 days before the designated hearing or other time or event.

      (Ch. 517, Stats. 1983 p. 1422)

      Sec. 8.090  “Tax Increment Account” defined.  “Tax Increment Account” means a special account which is created pursuant to subsection 3 of section 8.210 of this Charter and the other provisions in this article which are supplemental to it.

      (Ch. 517, Stats. 1983 p. 1422)

      Sec. 8.100  “Tax increment area” defined.  “Tax increment area” means the area which is specially benefited by an undertaking under this article, is designated by ordinance, as provided in subsection 3 of section 8.210 of this Charter, and in which is located the taxable property the assessed valuation of which is the basis for the allocation of tax proceeds to any Tax Increment Account under section 8.230 of this Charter.

      (Ch. 517, Stats. 1983 p. 1422)

      Sec. 8.110  “Undertaking” defined.  “Undertaking” means any enterprise to acquire, develop, improve or equip, or any combination thereof, any project which is authorized in NRS 268.672 to 268.740, inclusive, which is a mixed-use or transit-oriented community, or which could be undertaken by a redevelopment agency pursuant to NRS 279.382 to 279.680, inclusive, and to defray the cost of that enterprise, wholly or in part, by the issuance of the City’s bonds or other securities which are payable, wholly or in part, from tax proceeds which are allocated to any Tax Increment Account that pertains to the enterprise pursuant to section 8.230 of this Charter.

      (Ch. 517, Stats. 1983 p. 1422; A—Ch. 639, Stats. 1985 p. 2087; Ch. 404, Stats. 2005 p. 1594)

      Sec. 8.120  Requirements for posting.

      1.  The posting of any notice which is required by this article must be verified by the affidavit or certificate of the Engineer, City Clerk, deputy or other person who posted the notice. The affidavit or certificate must be filed with the City Clerk and retained in the records of the City at least until all of the bonds and other securities which pertain to any Tax Increment Account have been paid in full or any claim which relates to those bonds or securities is barred by a statute of limitations.

      2.  The affidavit or certificate of posting is prima facie evidence of the posting of the notice in accordance with the requirements of this section.

      (Ch. 517, Stats. 1983 p. 1423)

      Sec. 8.130  Requirements for notice by mail.

      1.  The name and address of any property owner to whom notice is required by this article may be obtained from the records of the County Assessor or from any source which the Clerk or the Engineer deems to be reliable. Any list of the names and addresses which pertain to any tax increment area may be revised from time to time, but the list need not be revised more frequently than at 12-month intervals, if the list is needed for a period longer than 12 months.

      2.  The mailing of any notice which is required by this article must be verified by the affidavit or certificate of the Engineer, City Clerk, deputy or other person who mailed the notice. The affidavit or certificate must be filed with the City Clerk and retained in the records of the City at least until all of the bonds and other securities which pertain to any Tax Increment Account have been paid in full or any claim which relates to those bonds or securities is barred by a statute of limitations.

      3.  The affidavit or certificate of mailing is prima facie evidence of the mailing of the notice in accordance with the requirements of this section.

      (Ch. 517, Stats. 1983 p. 1423)

      Sec. 8.140  Requirements for publication.

      1.  Any publication which is required by this article, except as otherwise expressly provided or necessarily implied in this article, must be made at least once a week for 3 consecutive weeks by three weekly insertions, the first publication being at least 15 days before the designated time or event. Unless it is otherwise stated, it is not necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days must intervene between the first publication and the last publication.

      2.  Publication is complete, if more than one insertion is required, on the day of the last publication.

      3.  Any publication which is required by this article must be verified by the affidavit of the publisher, which must be filed with the City Clerk and retained in the records of the City at least until all of the bonds and other securities which pertain to any Tax Increment Account have been paid in full or any claim which relates to those bonds or securities is barred by a statute of limitations.

      4.  The affidavit of publication is prima facie evidence of the publication of the notice in accordance with the requirements of this section.

      (Ch. 517, Stats. 1983 p. 1423)

      Sec. 8.150  Authorization of tax increment area.

      1.  Except as is provided in subsections 2 and 3, the City Council, on behalf of the City and in its name, may at any time designate a tax increment area within the City to create a special account for the payment of bonds or other securities which are issued to defray the cost of the acquisition, improvement or equipment (or any combination thereof) of any project which is authorized in NRS 268.672 to 268.740, inclusive, including without limitation the condemnation of property for the undertaking, as are supplemented by NRS 350.500 to 350.720, inclusive, except as is otherwise provided in this article.

      2.  A tax increment area may not be created by the City Council if the total land area of the tax increment area exceeds 10 percent of the total land area, or if the total initial assessed valuation of the tax increment area exceeds 10 percent of the total assessed valuation of the taxable property which is situate within the City. As used in this subsection, “initial assessed valuation” means the assessed value as shown on the assessment roll which was last equalized before the designation of the area.

      3.  The right-of-way property of a railroad company which is under the jurisdiction of the Interstate Commerce Commission must not be included in a tax increment area unless the inclusion of that property is mutually agreed upon by the City Council and the railroad company.

      (Ch. 517, Stats. 1983 p. 1424)

      Sec. 8.160  Limitation upon acquisition of facilities.

      1.  The City may not acquire, as a part of its facilities, any property which, at the time of its acquisition, competes in any area with then-existing properties of a public body which provides the same or a similar function or service in the area, but the facilities of the City may complement the existing properties of a public body by providing in that area supplemental functions or services, if the existing properties provide inadequate functions or services.

      2.  The City may acquire properties of any public body which are situate in the City as one undertaking or a project of the City or an interest in that undertaking or project.

      (Ch. 517, Stats. 1983 p. 1424)

      Sec. 8.170  Initiating procedure.

      1.  Whenever the City Council is of the opinion that the interests of the City require any undertaking which is to be financed under this article, the governing body by resolution shall direct the Engineer to prepare:

      (a) Preliminary plans and a preliminary estimate of the cost of the undertaking, including without limitation all of the estimated financing costs which are to be capitalized with the proceeds of the City’s securities and all other estimated incidental costs which relate to the undertaking;

      (b) A statement of the proposed tax increment area which pertains to the undertaking, the last finalized amount of the assessed valuation of the taxable property in the area and the amount of taxes (including in the amount the sum of all unpaid taxes, whether or not they are delinquent) which resulted from the last taxation of the property, based upon the records of the County Assessor and the County Treasurer; and

      (c) A statement of the estimated amount of the tax proceeds which are to be credited annually to the Tax Increment Account during the term of the proposed securities which will be payable from those tax proceeds.

      2.  The resolution must describe the undertaking in general terms.

      3.  The resolution must state:

      (a) What part or portion of the expense of the undertaking must be paid with the proceeds of the securities which are issued by the City in anticipation of tax proceeds and are to be credited to the Tax Increment Account and payable wholly or in part from those tax proceeds;

      (b) How the remaining part or portion of the expenses, if any, is to be financed; and

      (c) The basic security and any additional security for the payment of the securities of the City which pertain to the undertaking.

      4.  The resolution need not describe minutely each particular tract of taxable real property which is proposed to be included within the tax increment area, but may simply designate the tax increment area or its location in such a manner that the various tracts of taxable real property and taxable personal property which are situate within the tax increment area may be ascertained and determined to be either within or without the proposed tax increment area.

      5.  The Engineer shall forthwith file with the City Clerk the preliminary plans, estimate of cost and statements.

      6.  Upon the filing of the preliminary plans, estimate of cost and statements, the City Council shall examine them, and, if it finds them to be satisfactory, by resolution provisionally order the undertaking.

      (Ch. 517, Stats. 1983 p. 1424)

      Sec. 8.180  Provisional order resolution; notice of hearing.

      1.  In the provisional order resolution, the City Council must set the time, which must be at least 20 days after the adoption of the resolution, and the place when and where any representative of the Federal Government, the State or any public body or any person who resides in the City or owns taxable personal or real property in the City, or any representative of that person, may appear before the governing body and be heard concerning the propriety and advisability of the undertaking.

      2.  Notice of that hearing must be given:

      (a) By mail;

      (b) By posting; and

      (c) By publication.

      3.  The notice must:

      (a) Describe the undertaking and the project which relates to it (without mentioning minor details or incidentals);

      (b) State the preliminary estimate of the cost of the undertaking, including all incidental costs, as are stated in the Engineer’s report which was filed with the City Council pursuant to subsection 5 of section 8.170 of this Charter;

      (c) Describe the proposed tax increment area which pertains to the undertaking, the last finalized amount of the assessed valuation of the taxable property in the area and the amount of taxes (including in the amount the sum of all unpaid taxes, whether or not they are delinquent) which resulted from the last taxation of the property, based upon the records of the County Assessor and the County Treasurer;

      (d) State what part or portion of the expense of the undertaking must be paid with the proceeds of the securities which are issued by the City in anticipation of tax proceeds and are to be credited to the Tax Increment Account and payable wholly or in part from those tax proceeds;

      (e) State how the remaining part or portion of the expenses, if any, is to be financed;

      (f) State the basic security and any additional security for the payment of the securities of the City which pertain to the undertaking;

      (g) State the estimated amount of the tax proceeds which are to be credited annually to the Tax Increment Account which pertains to the undertaking during the term of the proposed securities which are payable from those tax proceeds and the estimated amount of any net revenue which will be derived annually from the operation of the project which pertains to the undertaking and is pledged for the payment of the securities;

      (h) State the estimated aggregate principal amount which is to be borrowed through the issuance of the securities (excluding proceeds of those securities to fund or refund outstanding securities) and the estimated total bond requirements of the securities;

      (i) State whether or not the governing body finds, determines and declares that the estimated tax proceeds which will be credited to the Tax Increment Account and any net pledged revenue which will be derived annually from the operation of the project which pertains to the undertaking will be fully sufficient to pay the bond requirements of the securities as they become due; and

      (j) The time and place when and where the City Council will consider the ordering of the undertaking and hear all of the complaints, protests, objections and other relevant comments with respect to it which may be made in writing by any natural person or body corporate which is designated in subsection 1 and filed with the City Clerk at least 3 days before the hearing or made orally at the hearing by any natural person who is designated in subsection 1.

      4.  All of the proceedings may be modified or rescinded, wholly or in part, by resolution which is adopted by the City Council at any time before the passage of the ordinance which orders the undertaking and creates the tax increment area and the Tax Increment Account which pertains to the undertaking pursuant to subsection 3 of section 8.210 of this Charter.

      5.  No substantial change in the undertaking, the preliminary estimates, the proposed tax increment area or other statements which relate to the undertaking may be made after the first publication, posting or mailing of the notice to property owners, whichever occurs first, except for the deletion of a portion of the undertaking and property from the proposed tax increment area, unless the City Council, after ordering that change, provides for another provisional order hearing on all of the matters in the premises and for a notice of the hearing in the same manner as is provided in this article for the initial hearing, but a subsequent finalization of the amount of the assessed valuation of the taxable property in the tax increment area or a subsequent levy of taxes may not adversely affect the proceedings which are taken under this article.

      6.  The Engineer also has the right to make minor changes in, and to develop the undertaking with respect to, the time, plans and materials which enter into the undertaking at any time before its completion.

      (Ch. 517, Stats. 1983 p. 1425)

      Sec. 8.190  Provisional order hearing.

      1.  At the time and place of the hearing, or at any adjournment of the hearing, the City Council must proceed to read and consider all of the written complaints, protests, objections and other relevant comments which have been properly made and filed with the City Clerk and to hear all oral comments which relate to the undertaking.

      2.  After the hearing has been concluded, after all of the written complaints, protests, objections and other relevant comments have been read and considered, and after the City Council has heard and considered all of the oral comments which were made by persons who have an interest in the undertaking and has also considered any other relevant material which was offered, if the City Council determines that the undertaking, or any part of it, is not in the public interest, the City Council by resolution must make an order to that effect and may modify the proposed tax increment area to conform to that order. Thereupon, the undertaking or that part of the undertaking which was determined against by the order must stop and may not be begun again until the adoption of a new resolution.

      3.  Any complaint, protest or objection to the regularity, validity and correctness of the proceedings which were taken and the instruments which were made before the date of the hearing are deemed to have been waived unless they were presented in writing at the time and in the manner which is specified in this article.

      (Ch. 517, Stats. 1983 p. 1427)

      Sec. 8.200  Appeal from adverse order.  If any person or public body, the State or the Federal Government filed a written complaint, protest or objection as provided in paragraph (j) of subsection 3 of section 8.180 of this Charter, that person or public body, the State or the Federal Government, as the case may be, may commence, within 30 days after the City Council has finally passed upon its complaint, protest or objection by resolution pursuant to subsection 2 of section 8.190 of this Charter or by ordinance pursuant to subsection 3 of section 8.210 of this Charter, an action or suit in any court of competent jurisdiction to correct or set aside the determination, but thereafter all actions or suits which attack the validity of the proceedings or the determination of the City Council, or both, are perpetually barred.

      (Ch. 517, Stats. 1983 p. 1428)

      Sec. 8.210  Final order of undertaking.

      1.  After the provisional order hearing and the consideration of all of the matters in the premises, or, in the event of a material change other than the deletion of a part of the undertaking and any modification of the tax increment area to conform to that deletion pursuant to subsection 2 of section 8.190 of this Charter, after the supplemental provisional order hearing and the consideration of any supplemental matters in the premises, the City Council shall determine whether or not to proceed under this article. If it has ordered any modification and desires to proceed, it shall direct the Engineer appropriately to modify the plans, estimates and statements which were filed by him or her with the City Clerk pursuant to subsection 5 of section 8.170 of this Charter.

      2.  The Engineer shall appropriately modify those plans, estimates and statements and forthwith file the modified plans, estimates and statements with the City Clerk.

      3.  When the plans, estimates and statements are prepared, filed with the City Clerk and are satisfactory to the City Council, the City Council shall by ordinance overrule all of the complaints, protests and objections which were not otherwise acted upon, unconditionally order the undertaking as modified, if modified, describe the tax increment area which pertains to the undertaking and create the Tax Increment Account for the undertaking.

      4.  The ordinance may be introduced and adopted at one meeting by the unanimous vote of the entire City Council as if an emergency exists and may be effective upon its adoption and publication by title, or it may be introduced and adopted as a regular measure, pursuant to section 2.110 of this Charter.

      (Ch. 517, Stats. 1983 p. 1428)

      Sec. 8.220  Amendment of ordinance.

      1.  The City Council may amend an ordinance which was adopted pursuant to subsection 3 of section 8.210 of this Charter by adopting a supplemental ordinance, which must be introduced and adopted as a regular measure to:

      (a) Modify the undertaking by specifying new projects or removing or modifying projects which were specified in the original ordinance;

      (b) Add areas to or remove areas from a tax increment area; or

      (c) Make such other changes, additions or deletions as the City Council determines will further its objectives within the tax increment area.

      2.  If a proposed amendment would add any area to or remove any area from a tax increment area, notice by mail of the meeting of the City Council at which the proposed amendment will be considered must be given to the last known owner or owners of each tract of land which is proposed to be added or removed.

      3.  The amount of taxes to be allocated to a Tax Increment Account pursuant to subsection 2 of section 8.230 of this Charter must be computed separately for the original tax increment area and each addition of land to the original tax increment area.

      (Ch. 517, Stats. 1983 p. 1428)

      Sec. 8.230  Allocation, division and disposition of tax proceeds.  After the effective date of the ordinance which unconditionally orders the undertaking and provides for the tax increment financing, any tax which is levied upon the taxable property in the tax increment area each year by or for the benefit of the State, the City and any public body must be divided as follows:

      1.  That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area, as is shown on the assessment roll which is used in connection with the taxation of the property by the taxing agency, as that roll was last equalized before the effective date of the ordinance, must be allocated to and, when the taxes are collected, paid into the funds of the respective taxing agencies as taxes by or for the taxing agencies as the taxes on all other property are paid.

      2.  That portion of the levied taxes each year which are in excess of that amount must be allocated to and, when the taxes are collected, paid into the Tax Increment Account which pertains to the undertaking to pay the bond requirements of any loan or any money which was advanced to, or any indebtedness, whether it is funded, refunded, assumed or otherwise incurred by, the City to finance or refinance, in whole or in part, the undertaking. Until the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in the area, as shown by the last equalized assessment roll which is referred to in subsection 1, all of the taxes which are levied and collected upon the taxable property in the area must be paid into the funds of the respective taxing agencies. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all of the money which is thereafter received from taxes upon the taxable property in the area must be paid into the funds of the respective taxing agencies as the taxes on all other property are paid.

      3.  For the purposes of this section, the last equalized assessment roll which is referred to in subsection 1 is the assessment roll which was in existence on the 15th day of April which immediately precedes the effective date of the ordinance which unconditionally orders the undertaking and provides for the tax increment financing.

      (Ch. 517, Stats. 1983 p. 1429)

      Sec. 8.240  Municipal securities.

      1.  The City may issue, to defray, wholly or in part, the cost of the undertaking, the following securities:

      (a) Notes;

      (b) Warrants;

      (c) Interim debentures;

      (d) Bonds; and

      (e) Temporary bonds.

      2.  Any net revenue which is derived from the operation of the project which is acquired, improved or equipped, or any combination thereof, under the undertaking must be pledged for the payment of the securities, and those securities must be made payable from that net pledged revenue, as the bond requirements of the securities become due from time to time, in accordance with the bond ordinance, trust indenture, or other proceedings which authorize the issuance of the securities or otherwise pertains to their issuance.

      3.  Additionally, the securities:

      (a) Must be made payable from tax proceeds which are accounted for in the Tax Increment Account; and

      (b) May, at the City’s option, be made payable from the taxes which are levied by the City against all of the taxable property within the City, without limitation of rate or amount except for the limitation which is provided in Section 2 of Article 10 of the Nevada Constitution. The City may also issue general obligation securities which are authorized by any law other than this article and are made payable from taxes without also making those securities payable from the net pledged revenues or tax proceeds which are accounted for in a Tax Increment Account, or from both these revenue sources.

      4.  Securities which are payable only in the manner which is provided in either paragraph (a) of subsection 3 or both subsection 2 and paragraph (a) of subsection 3 are special obligations of the City, are neither in their issuance subject to debt limitation which is specified in subsection 1 of section 7.040 of this Charter or is otherwise imposed by law, nor, while they are outstanding, do they exhaust the City’s debt-incurring power under subsection 1 of section 7.040 of this Charter or other law and may be issued under the provisions of NRS 350.500 to 350.720, inclusive, except as is otherwise provided in this article, without any compliance with the provisions of NRS 350.011 to 350.0165, inclusive, or NRS 350.020 to 350.070, inclusive, and without any approval or other preliminaries, except as is provided in NRS 350.500 to 350.720, inclusive.

      5.  Securities which are payable from taxes in the manner which is provided in paragraph (b) of subsection 3, regardless of whether or not they are also payable in the manner which is provided only in paragraph (a) of that subsection or in both subsection 2 and paragraph (a) of subsection 3, must be general obligations of the City, are in their issuance subject to the debt limitation which is specified in subsection 1 of section 7.040 of this Charter or is otherwise imposed by law and, while they are outstanding, exhaust the City’s debt-incurring power under subsection 1 of section 7.040 of this Charter or other law, and those securities may be issued under NRS 350.500 to 350.720, inclusive, only after the issuance of City bonds is approved under the provisions of:

      (a) NRS 350.011 to 350.0165, inclusive; and

      (b) NRS 350.020 to 350.070, inclusive, except for the issuance of notes or warrants pursuant to NRS 350.500 to 350.720, inclusive, which are payable out of the current year’s revenues and are not to be funded with the proceeds of interim debentures or bonds in the absence of approval under the provisions of the law which are designated in paragraphs (a) and (b).

      6.  In the proceedings for the making of loans or the acquisition of any advance of money or the incurring of any indebtedness, whether it is funded, refunded, assumed or otherwise, for the purpose of financing or refinancing, in whole or in part, the undertaking, wholly or in part, the City shall irrevocably pledge that portion of the taxes which is mentioned in subsection 2 of section 8.230 of this Charter for the payment of the bond requirements of the loans, advances or indebtedness. The provisions in NRS 350.500 to 350.720, inclusive, which pertain to net pledged revenues apply to the pledge to secure the payment of the tax increment bonds.

      (Ch. 517, Stats. 1983 p. 1430)

      Sec. 8.250  Cooperative powers.  The City also has the following powers:

      1.  To accept contributions or loans from the Federal Government, the State or any public body (or any combination of those entities) to finance the planning, acquisition, improvement, equipping, maintenance and operation of any enterprise which pertains to an undertaking in which the City is authorized to engage and to enter into contracts and cooperate with and accept cooperation from the Federal Government, the State or any public body (or any combination of those entities) in the planning, acquisition, improvement, equipping, maintenance and operation and in the financing of the planning, acquisition, improvement, equipping, maintenance and operation of that enterprise in accordance with any legislation which Congress, the State Legislature or any governing body or legislative body of any public body (or any combination of those bodies) may have adopted or may, after the effective date of this Charter, adopt, under which aid, assistance and cooperation may be furnished by the Federal Government, the State or public body (or any combination of those entities) in the planning, acquisition, improvement, equipping, maintenance and operation or in the financing of the planning, acquisition, improvement, equipping, maintenance and operation of any enterprise, including without limitation the costs of engineering, architectural and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action which is preliminary to the acquisition, improvement or equipping of any project and to do anything which is necessary in order to avail itself of the aid, assistance and cooperation which may be available under any federal or state legislation which is now in existence or may, after the effective date of this Charter, be enacted.

      2.  To enter into and perform, without any election, joint operating or service contracts and agreements, acquisition, improvement, equipment or disposal contracts or other arrangements, for any term which does not exceed 50 years, with the Federal Government, the State and any public body (or any combination of those entities) with respect to the undertaking, and any project or property which pertains thereto, whether it is acquired by the City, by the Federal Government, by the State or by any public body, and to accept grants and contributions from the Federal Government, the State, any public body, or any person (or any combination of those entities) in connection with those contracts, agreements and arrangements.

      3.  To enter into and perform, without any election, when it is determined by the City Council to be in the public interest, contracts and agreements, for any term which does not exceed 50 years, with the Federal Government, the State, any public body or any person (or any combination of those entities) for the provision and operation by the City of any facilities, whether or not they pertain to the undertaking of the City or any project which relates to that undertaking and the payment periodically by the Federal Government, the State, the public body or the person (or any combination of those entities) to the City of amounts which are at least sufficient, if any, in the determination of the City Council, to compensate the City for the cost of providing, operating and maintaining the facilities which serve the Federal Government, the State, the public body or the person, or otherwise.

      4.  To enter into and perform, without any election, contracts and agreements with the Federal Government, the State, any public body or any person (or combination of those entities) for or with respect to the planning, construction, lease or other acquisition, improvement, equipping, operation, maintenance, disposal and financing of any property which pertains to the facilities of the City or to any undertaking or any project of the City, or otherwise, including without limitation any contract or agreement for any term which does not exceed 50 years.

      5.  To cooperate with and act in conjunction with the Federal Government or any of its engineers, officers, boards, commissions or departments, or with the State or any of its engineers, officers, boards, commissions or departments, or with any public body or with any person in the acquisition, improvement or equipping of any facilities or any project which is authorized for the City or for any other work, act or purpose which is provided for in this article and to adopt and carry out any definite plan or system of work for that purpose.

      6.  To cooperate with the Federal Government, the State or any public body (or any combination of those entities) by an agreement with any or all of those entities by which the City may:

      (a) Acquire and provide, without cost to the cooperating entity, the land, easements and rights-of-way which are necessary for the acquisition, improvement or equipping (or any combination thereof) of any properties which pertain to the undertaking or any other facility;

      (b) Hold and save harmless the cooperating entity free from any claim for damages which may arise from the acquisition, improvement, equipping, maintenance and operation (or any combination thereof) of any facility;

      (c) Maintain and operate any facility in accordance with the regulations which are prescribed by the cooperating entity; and

      (d) Adopt and enforce regulations, if any, with respect to the facilities and which are satisfactory to the cooperating entity.

      7.  To provide, by any contract, for any term which does not exceed 50 years, or otherwise, without an election:

      (a) For the joint use of the personnel, equipment and facilities of the City, the Federal Government, the State and any public body (or any combination of those entities) including without limitation public buildings which are constructed by or under the supervision of the City Council or by the governing body or legislative body of the other party to the contract, upon such terms and agreements and within such areas within the City as may be determined, for the promotion and protection of the public health, safety, prosperity, security, comfort, convenience, general welfare and property of the inhabitants of the City, the Federal Government, the State, any public body and any person of interest, as the case may be; and

      (b) For the joint employment of clerks, stenographers and other employees which pertain to the facilities, any project or the undertaking which now exist or may, after the effective date of this Charter, be established in the City upon such terms and conditions as may be determined for the equitable apportionment of the expenses which result from that employment.

      8.  In connection with any facility of the City, or any part of any facility which is acquired or proposed in connection with an undertaking, or with any project, to consult with any regulatory or other agency of the Federal Government, the State or any public body and to submit plans, specifications or other instruments or documents (or any combination thereof) to that governmental agency for its review, recommendations and other comments.

      (Ch. 517, Stats. 1983 p. 1431)

      Sec. 8.260  Public purpose.  The exercise of any power which is authorized in this article by the City Council on behalf of the City has been determined and is hereby declared to effect a public purpose, and any undertaking which is authorized in this article also effects a public purpose.

      (Ch. 517, Stats. 1983 p. 1433)

      Sec. 8.270  Sufficiency of article.

      1.  This article, without reference to other statutes of the State, except as is otherwise expressly provided in this article, constitutes full authority for the exercise of the powers which are granted in this article.

      2.  No other law with respect to the exercise of any power which is granted in this article that provides for an election, requires an approval or in any way impedes or restricts the carrying out of the acts which are authorized by this article to be done may be construed as applying to any proceeding which is taken under this article or act done pursuant to this article, except as is provided in this article.

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

      4.  No part of this article repeals or affects any other law or part thereof, it being intended that this article merely provides a separate method of accomplishing its objectives, rather than the exclusive one.

      (Ch. 517, Stats. 1983 p. 1434)

ARTICLE IX - Revenue

      Sec. 9.010  City taxes.

      1.  The City Council shall annually, at the time which is prescribed by law for the levying of taxes for State and County purposes, levy a tax upon the assessed value of all of the real and personal property within the City which is made taxable by law. The taxes which are levied must be collected at the same time, in the same manner and by the same officers, exercising the same functions, as are prescribed and provided in the revenue laws of the State for the collection of State and County taxes. Except as is provided in this section, the revenue laws of the State, in every respect which is not inconsistent with the provisions of this Charter, apply to the levying, assessing and collecting of the City taxes. The City Treasurer may, however, upon approval of the Board of County Commissioners of the County, collect taxes which are levied for the redemption of bonds which were issued pursuant to section 6.020 of this Charter.

      2.  Except with respect to any tax which is levied to pay the principal of or interest on any indebtedness which is incurred by the City pursuant to section 7.020 of this Charter, the City Council may divide the City into districts for the purpose of local taxation, or may create districts for that purpose, as occasion may require.

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

      4.  Whenever and wherever it is practicable and expedient, all of the forms and blanks which are used in levying, assessing and collecting the revenues of the State and County must, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the City.

      (Ch. 517, Stats. 1983 p. 1434)

      Sec. 9.020  Revenue ordinances.  The City Council may enact all ordinances which it deems are necessary and are not inconsistent with this Charter and the laws of the State to carry into effect the revenue laws of the City, to determine, fix and enlarge the powers and duties of all of the officers of the City in relation to those laws and to assure the prompt, convenient and economical collecting of the City revenue.

      (Ch. 517, Stats. 1983 p. 1435)

ARTICLE X - Civil Service

      Sec. 10.010  Civil Service.

      1.  There is hereby created a System of Civil Service which is applicable to and governs all of the employees of the City except the elected officials, persons who serve as members of boards, commissioners or committees for which no compensation is received, the City Manager, the City Attorney, persons who are appointed pursuant to sections 3.040 and 3.070, persons who hold such probationary, provisional or temporary appointments as are designated in the Civil Service rules, Alternate Judges and persons who hold such other positions as are designated by the City Council.

      2.  The City Council may determine that the System of Civil Service must be administered by a Board of Civil Service Trustees which is composed of five members who are appointed by the City Council for terms of 4 years.

      3.  The City Council shall adopt by ordinance a codification of the rules which govern the System of Civil Service and may from time to time amend those rules. If the System of Civil Service is administered by a Board of Civil Service Trustees, the rules which govern the System of Civil Service, and any amendments thereto, must be reviewed by the Board before the City Council adopts them.

      4.  The rules which govern the System of Civil Service must provide for:

      (a) The examination of potential employees;

      (b) Recruitment and placement procedures;

      (c) The classification of positions;

      (d) Procedures for the promotion of employees;

      (e) Procedures for disciplinary actions against, and the discharge of, employees;

      (f) Appeals with respect to actions which are taken pursuant to paragraphs (d) and (e);

      (g) The acceptance and processing of citizens’ complaints against employees; and

      (h) Such other matters, if any, as the Board of Civil Service Trustees or the City Council deems are necessary or appropriate.

      5.  Copies of the rules of the System of Civil Service must be made available to all of the employees of the City.

      (Ch. 517, Stats. 1983 p. 1435; A—Ch. 45, Stats. 1991 p. 95; Ch. 338, Stats. 2007 p. 1537)

ARTICLE XI - Miscellaneous Provisions

      Sec. 11.010  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, that decision does not affect the validity of the remaining provisions of this Charter. The Legislature hereby declares that it would have passed this Charter, and each provision of this Charter, irrespective of the portion which may be held to be unconstitutional or otherwise invalid.

      (Ch. 517, Stats. 1983 p. 1436)

      Sec. 11.020  Effect of enactment of Charter.

      1.  All of the rights and property of every kind and description which were vested in the City before the effective date of this Charter are vested in the same municipal corporation on the effective date of this Charter. All of the powers, rights, privileges, immunities, duties, obligations and liabilities of the City which exist on the effective date of this Charter must remain as if no change were made, and no action or prosecution may be affected by that change, and each of those powers, rights, privileges, immunities, duties, obligations, liabilities, actions and prosecutions must stand and progress as if no change were made.

      2.  Whenever a different remedy is provided by this Charter, which may properly be made applicable to any right which exists on the effective date of this Charter, that remedy is cumulative to any remedy which was before provided and may be used accordingly.

      3.  All of the ordinances and resolutions which are in effect in the City before the effective date of this Charter must, unless they are in conflict with the provisions of this Charter, continue in full force and effect until they are amended or repealed.

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

      5.  The enactment of this Charter does not repeal or in any way affect or modify:

      (a) Any special, local or temporary law, except chapter 515, Statutes of Nevada 1971, as amended.

      (b) Any law or ordinance which makes an appropriation.

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

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

      (e) Any bond of any public officer.

      (Ch. 517, Stats. 1983 p. 1436)