[Rev. 11/21/2013 10:26:47 AM--2013]

CHAPTER 266 - GENERAL LAW FOR INCORPORATION OF CITIES AND TOWNS

GENERAL PROVISIONS

NRS 266.005           Inapplicability to certain cities.

NRS 266.007           Special election may be held upon determination by city council that emergency exists.

NRS 266.010           Home rule granted; limitations.

NRS 266.015           Municipal government vested in mayor and city council.

ORGANIZATION

NRS 266.016           Definitions.

NRS 266.017           Area suitable for incorporation.

NRS 266.018           Notice to incorporate: Filing; contents.

NRS 266.019           Petition for incorporation: Contents; form.

NRS 266.021           Petition for incorporation: Information; affidavits.

NRS 266.022           Petition for incorporation: Invalidation of signatures; number of signatures; filing.

NRS 266.023           Verification of signatures; request to remove name from petition.

NRS 266.024           Amendment of petition; verification of additional signatures.

NRS 266.026           Determination of sufficiency of petition; review by board of county commissioners.

NRS 266.0261         Request for report from Committee on Local Government Finance; submission of copies of petition to planning agencies, local governments and Department of Taxation.

NRS 266.0262         Review of petition by planning agencies and local governments.

NRS 266.0263         Estimated fiscal effect of incorporation: Statement by Department of Taxation; review of statement by Committee on Local Government Finance.

NRS 266.0264         Determination by Committee on Local Government Finance that proposed area is unsuitable for incorporation.

NRS 266.0265         Judicial review of determination that proposed area is unsuitable for incorporation.

NRS 266.027           Public hearing on petition and report of Committee on Local Government Finance.

NRS 266.028           Record of public hearing; testimony at hearing; additional hearings.

NRS 266.0285         Factors for consideration in determining advisability of incorporation and feasibility of proposed city.

NRS 266.029           Opinion of board of county commissioners on advisability of incorporation and feasibility of proposed city; election required.

NRS 266.031           Withdrawal of petition.

NRS 266.032           Form and contents of ballot.

NRS 266.0325         Sample ballot: Mailing; form and contents; notice concerning availability of ballots in large type.

NRS 266.033           Canvass of votes; notice of results.

NRS 266.0335         Preparation of legal description of incorporated city.

NRS 266.034           Liability for costs of incorporation.

NRS 266.036           Election of officers of city; notice.

NRS 266.037           Limitations on circulation of petition for incorporation.

NRS 266.038           Candidate for elective office of newly created city.

NRS 266.039           Articles of incorporation.

NRS 266.041           Powers of elected officers before incorporation becomes effective.

NRS 266.042           Effective date of incorporation; presumption of incorporation.

NRS 266.043           County entitled to receive taxes from city between notice of results of election and effective date of incorporation; special districts within city continue to exist.

NRS 266.044           Apportionment of county’s fixed assets located within city.

NRS 266.0445         Assessment and taxation of certain property to pay for indebtedness of county.

NRS 266.045           Bonds of first elected officers.

NRS 266.050           Specially chartered city may surrender charter and become organized under this chapter: Procedure.

POPULATION CATEGORIES; JUDICIAL NOTICE; VESTED RIGHTS; CONTINUATION OF ORDINANCES, RESOLUTIONS AND OFFICERS; GENERAL POWERS

NRS 266.055           Categorization of cities by population.

NRS 266.060           Attainment of higher population category; proclamation of Governor.

NRS 266.066           Judicial proceedings: Judicial notice of change in population category and organization of city and ordinances, rules, resolutions and regulations of city council; pleading and proof.

NRS 266.070           Vested rights on incorporation or change in population category; remedies.

NRS 266.075           Existing ordinances and resolutions remain effective on organization or change in population category; no alteration in legal identity.

NRS 266.080           Officers continue in office on organization or change in population category; terms of officers elected on organization.

NRS 266.085           City is municipal corporation; name; general powers.

WARDS

NRS 266.095           Number; population and form; division of city by county commissioners during incorporation; change of boundaries.

ORDINANCES AND RESOLUTIONS

NRS 266.105           Power of city council to pass ordinances, resolutions and orders and provide fines or penalties for enforcement of ordinances.

NRS 266.110           Enactment of ordinance: Subject; title.

NRS 266.115           Enactment of ordinance: Style; introduction and notice; final action; publication.

NRS 266.118           Ordinance relating to criminal offense: City clerk to mail copy to court administrator.

THE MAYOR

NRS 266.165           Chief executive is mayor.

NRS 266.170           Qualifications.

NRS 266.175           Election.

NRS 266.180           Vacancy filled by city council.

NRS 266.185           Mayor pro tem.

NRS 266.190           General duties.

NRS 266.200           Mayor is presiding officer of city council; vote; veto; approval of contracts, resolutions and ordinances.

CITY COUNCIL

NRS 266.215           Qualifications of city council members.

NRS 266.220           Election and number of council members.

NRS 266.225           Vacancy in office of council member filled by mayor and council; exception.

NRS 266.230           Limitation on council member’s appointment to office created or which had salary increased while he or she was member of council.

NRS 266.235           Quorum.

NRS 266.240           Rules; punishment or expulsion of members.

NRS 266.245           Meetings: Frequency, time and place of holding; compliance with Open Meeting Law.

NRS 266.250           Meetings to be public; minutes; audio recordings or transcripts; required recorded votes; affirmative vote of majority of all members required to pass ordinances and certain propositions.

NRS 266.255           Deferment of final action on committee’s report.

POWERS OF CITY COUNCIL

NRS 266.260           Manner and details for exercise of powers of city council may be provided by ordinance.

NRS 266.261           Public works: General powers of city council.

NRS 266.263           Public works: City’s powers subordinate to powers of regional planning agency. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or effective through September 30, 2017, if: (1) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]

NRS 266.265           City’s property: General powers of city council; exceptions.

NRS 266.267           Requirements for sale or lease of real property owned by city.

NRS 266.270           Condemnation of property for public uses.

NRS 266.275           Streets, sidewalks, parks and public grounds.

NRS 266.277           Traffic and parking.

NRS 266.280           Parking meters; off-street facilities for public parking.

NRS 266.285           Provision of utilities.

NRS 266.290           Acquisition or establishment of municipal utility: Procedure.

NRS 266.295           Railroads and railways.

NRS 266.300           Franchises for certain public purposes.

NRS 266.310           Fire department; arson investigators; storage of hazardous material; fire code.

NRS 266.316           Acquisition, maintenance and abolishment of cemeteries.

NRS 266.321           Police ordinances: Enactment and enforcement; penalty for violation of state law.

NRS 266.323           Employment of security officers.

NRS 266.325           Control of animals and poultry; collection of fee.

NRS 266.330           Public health.

NRS 266.335           Nuisances: Abatement, prevention and removal; costs as lien.

SURCHARGE FOR ENHANCEMENT OF TELEPHONE SYSTEM USED FOR REPORTING EMERGENCY

NRS 266.342           “Trunk line” defined.

NRS 266.344           Imposition in certain cities; master plan required; amount; collection; penalties for delinquent payment.

NRS 266.346           Establishment of advisory committee to develop plan to enhance telephone system for reporting emergency; creation of special revenue fund; use of money in fund.

NRS 266.348           Recovering cost of collection.

LICENSING AND REGULATION OF PROFESSIONS, TRADES AND BUSINESSES

NRS 266.355           Power of city council to regulate and license.

NRS 266.358           Payment of child support: Statement by applicant for license, permit or certificate; grounds for denial of license, permit or certificate; duty of city council. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 266.362           Suspension of license, certificate or permit for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license, certificate or permit. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 266.368           Application for license, permit or certificate must include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

SALES AND LEASES OF CITY-OWNED ELECTRIC LIGHT AND POWER SYSTEMS

NRS 266.386           Resolution proposing sale or lease of system; election required.

NRS 266.3861         Appointment of appraisers.

NRS 266.3862         Negotiation with qualified lessees.

NRS 266.3863         Measure and explanation to be drafted by city attorney.

NRS 266.3864         Registration of voters for special election; notice; office hours of county clerk.

NRS 266.3865         Notice of special election: Publication; contents.

NRS 266.3866         Powers and duties of county clerk at special election; costs of special election.

NRS 266.3867         Sale of system: Advertisement; sealed bids.

OFFICERS GENERALLY

NRS 266.390           Officers and offices: General powers of council.

NRS 266.395           Appointment of officers by mayor.

NRS 266.400           Eligibility for office; power of city council to adopt requirements concerning residency.

NRS 266.405           Election or appointment of certain city officers; consolidation of offices of city clerk and city treasurer.

NRS 266.410           Officers of cities of population categories one and two to hold only one office; exception.

NRS 266.415           Appointed officers serve at pleasure of mayor and city council; removal by city council; veto by mayor.

NRS 266.420           Oath and bond.

NRS 266.425           Bonds filed with clerk; council may require additional bonds.

NRS 266.430           Nonfeasance, misfeasance or malfeasance; penalty.

NRS 266.435           Delivery of property to successor; liability.

NRS 266.450           Compensation; restrictions on increase or decrease.

NRS 266.455           Deputies: Appointment; powers; compensation.

NRS 266.460           Duties of officers may be defined by ordinance.

CITY ATTORNEY

NRS 266.465           Qualifications.

NRS 266.470           Duties.

NRS 266.475           Employment of counsel to assist city attorney.

CITY CLERK

NRS 266.480           Duties.

CITY AUDITOR

NRS 266.490           Duties.

CITY TREASURER

NRS 266.500           Duties.

NRS 266.505           Payment of warrants.

NRS 266.510           Receipt for payment.

NRS 266.515           Deposit of city’s money in bank, credit union or savings and loan association.

NRS 266.520           Treasurer’s report: Contents.

NRS 266.525           Money from special assessment kept as special fund; restrictions on use.

CHIEF OF POLICE

NRS 266.530           Appointment; duties.

MUNICIPAL COURT

NRS 266.550           Powers and jurisdiction: Same as justice court; trial summary and without jury; fees.

NRS 266.555           Jurisdiction.

NRS 266.565           Pleadings; practice.

NRS 266.570           Contempt.

NRS 266.585           Reports and payments by municipal judge.

NRS 266.590           Fines and penalties: Commitment; recovery by execution; chain gang.

NRS 266.595           Appeals.

FINANCES, REVENUE AND TAXATION

NRS 266.600           General powers of city council.

NRS 266.605           Levy and collection of taxes.

NRS 266.610           Apportionment of money from road fund by county commissioners.

NRS 266.615           Ordinances to carry out revenue laws.

NRS 266.620           Payment of fines, forfeitures and other money into city treasury.

PUBLIC IMPROVEMENTS AND REPAIRS

NRS 266.660           Costs of municipal capital improvements to be paid from proper fund, including proceeds from bonds.

DISINCORPORATION

NRS 266.775           Petition for disincorporation; publication of notice by district court; question to be submitted to voters at next city election; determination of registered voters.

NRS 266.780           Judgment of disincorporation.

NRS 266.785           Creation of unincorporated town on disincorporation: Procedure.

NRS 266.790           Procedure for completion of unfinished business of court.

NRS 266.795           Judgment disincorporating city: Duties of clerk of district court; delivery of copies; notice of entry; limitation of actions.

_________

_________

 

GENERAL PROVISIONS

      NRS 266.005  Inapplicability to certain cities.  Except as otherwise provided in a city’s charter, the provisions of this chapter shall not be applicable to incorporated cities in the State of Nevada organized and existing under the provisions of any special legislative act or special charter enacted or granted pursuant to the provisions of Section 1 of Article VIII of the Constitution of the State of Nevada.

      (Added to NRS by 1957, 253; A 1989, 967)

      NRS 266.007  Special election may be held upon determination by city council that emergency exists.

      1.  For the purposes of NRS 266.290 and 266.386, a special election may be held only if the city council determines, by a unanimous vote, that an emergency exists.

      2.  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.

      3.  As used in this section, “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.

      (Added to NRS by 1993, 1039)

      NRS 266.010  Home rule granted; limitations.  Subject to the right of the Legislature to create or alter the form of municipal organization by special act or charter, the right of home rule and self-government is hereby granted to the people of any city incorporated under the provisions of this chapter.

      [1:125:1907; RL § 767; NCL § 1100]—(NRS A 1965, 408; 1987, 1706)

      NRS 266.015  Municipal government vested in mayor and city council.  The municipal government of all incorporated cities under this chapter is hereby vested in a mayor and a city council.

      [Part 15:125:1907; RL § 781; NCL § 1114]

ORGANIZATION

      NRS 266.016  Definitions.  As used in NRS 266.016 to 266.0445, inclusive, unless the context otherwise requires:

      1.  “Qualified elector” means a person who is registered to vote in this State and is a resident of the area to be included in the proposed city, as shown by the last official registration lists.

      2.  A petition is “sufficient” if the county clerk:

      (a) Verifies the signatures and addresses of the signers of the petition with the voting list maintained by the county registrar of voters;

      (b) Certifies that the number of valid signatures represents the percentage of the total number of qualified electors in the area proposed to be incorporated that is required; and

      (c) Determines that the petition for incorporation includes the information required pursuant to NRS 266.019.

      3.  “Urban in character” means an area that is used intensively for residential, commercial, industrial, institutional, urban recreational or governmental purposes, or as conservation park lands, and that is susceptible to services offered by a city.

      4.  A lot or parcel is “used for residential purposes” if it is 5 acres or less in area and improved with a habitable dwelling unit of a permanent nature.

      (Added to NRS by 1987, 1700; A 1989, 234)

      NRS 266.017  Area suitable for incorporation.  The area to be included in a city proposed to be incorporated pursuant to NRS 266.016 to 266.0445, inclusive, must:

      1.  Be currently used or suitable for residential, commercial, industrial or governmental purposes.

      2.  Be contiguous and urban in character, and include all contiguous area used for residential purposes.

      3.  In a county whose population is 100,000 or more, have an average population density which is:

      (a) Not less than four persons per acre if the proposed city is within 7 miles of the county seat; or

      (b) At least equal to the density of any city that is within 7 miles of the proposed boundaries, if the proposed city is not within 7 miles of the county seat.

Ê If the area proposed to be included in the city is more than 7 miles away from the county seat and more than 7 miles away from any existing city, there is no requirement concerning density of population.

      4.  Not include any portion of a parcel of privately owned real property that has not been subdivided and is 100 acres or more in area without the written consent of the owner.

      5.  Not include any area within the boundaries of an existing incorporated city.

      6.  If the area of a city proposed to be incorporated is located in a county whose population is 100,000 or more and includes the area of any unincorporated town, include the entire area of the unincorporated town.

      (Added to NRS by 1987, 1700; A 1989, 235; 1999, 880)

      NRS 266.018  Notice to incorporate: Filing; contents.

      1.  If a committee of five qualified electors wishes to organize an incorporated city, it may file a notice to incorporate with the county clerk of the county in which the city proposed to be incorporated is located.

      2.  The notice to incorporate must include:

      (a) A copy of the petition for incorporation which will be circulated; and

      (b) An affidavit signed by each member of the committee.

      3.  The affidavit must include:

      (a) A statement that the committee will be responsible for circulating and filing the petition with the county clerk;

      (b) The names and addresses of the members of the committee; and

      (c) The address to which written notices relating to the incorporation must be sent.

      (Added to NRS by 1987, 1700)

      NRS 266.019  Petition for incorporation: Contents; form.

      1.  The petition for incorporation must include the following information concerning the area proposed to be incorporated:

      (a) A description of the area prepared by a professional land surveyor licensed pursuant to chapter 625 of NRS, which need not be made from a current survey nor contain courses and distances measured from fixed points, but may be based upon assessor’s parcel maps, existing boundaries of subdivision or parcel maps, visible ground features, extensions of the visible ground features, or by any boundary that coincides with the official boundary of the state, a county, a city, a township, a section or any combination thereof.

      (b) The proposed name of the city.

      (c) The total acreage of the area.

      (d) The number of persons who reside in the area.

      (e) The number of owners of record of real property within the area.

      (f) A statement that the area meets the requirements of NRS 266.017.

      (g) A statement of the committee’s plans for providing police and fire protection, maintaining the streets, providing water and sewer services, collecting the garbage and providing administrative services in the proposed city, with an estimate of the costs and sources of revenue.

      (h) A map or plat of the area which is prepared from the description required by paragraph (a) and that shows the existing dedicated streets, sewer interceptors and outfalls and their proposed extensions.

      2.  The petition must be substantially in the following form:

 

PETITION FOR INCORPORATION

 

       To the Board of County Commissioners of ................ County, Nevada:

       We, the undersigned qualified electors of the State of Nevada respectfully petition the board of county commissioners to submit a proposal to incorporate as a city certain unincorporated contiguous area located within ................ County namely, ......................... (describe area to be incorporated), to the qualified electors who reside within the area to be incorporated, for their approval or disapproval at a special election to be held for that purpose.

       Each signer of this petition states:

       1.  I have personally signed this petition as a qualified elector of this state; and

       2.  I have correctly stated on this petition my residence, mailing address and the date of my signature.

 

      (Added to NRS by 1987, 1701; A 1989, 235; 1997, 1062)

      NRS 266.021  Petition for incorporation: Information; affidavits.

      1.  The petition may consist of more than one document. Each document must:

      (a) Be uniform in size and form;

      (b) Have affixed to it when filed, an affidavit signed by the person who circulated the petition which attests that:

             (1) He or she personally circulated the document;

             (2) Each signature contained in the document was signed in his or her presence and is genuine to the best of his or her knowledge and belief; and

             (3) Each signer had an opportunity before signing to examine the document and the information which is required to be attached to the document pursuant to subsection 1 of NRS 266.019.

      2.  Each document of the petition must have affixed to it the information described in subsection 1 of NRS 266.019.

      (Added to NRS by 1987, 1701)

      NRS 266.022  Petition for incorporation: Invalidation of signatures; number of signatures; filing.

      1.  The county clerk shall invalidate the signature of any qualified elector if the signature is not signed in ink and dated or if the signature is executed before the notice to incorporate and the petition for incorporation are filed with the county clerk pursuant to NRS 266.018. The county clerk shall not invalidate a signature because it does not correspond exactly to the signature on the registrar of voters’ register if the county clerk is able to determine the identity of the signer from the signature on the petition.

      2.  A petition for incorporation must contain a number of signatures equal to at least one-third of the qualified electors within the boundaries of the city proposed to be incorporated.

      3.  The petition containing the required number of signatures must be filed with the county clerk within 90 days after the notice to incorporate is filed pursuant to NRS 266.018.

      (Added to NRS by 1987, 1701)

      NRS 266.023  Verification of signatures; request to remove name from petition.

      1.  Within 30 days after the petition is filed pursuant to NRS 266.022, the county clerk shall verify the signatures and issue a certificate as to the sufficiency of the petition and send a copy of the certificate by registered or certified mail to the committee. If the petition is insufficient, the county clerk shall include in the certificate the reasons for the insufficiency of the petition.

      2.  A person who signs the petition may request that his or her name be removed from the petition by submitting to the county clerk a written request therefor under penalty of perjury not later than 15 days after the petition for incorporation is filed pursuant to NRS 266.022.

      (Added to NRS by 1987, 1702)

      NRS 266.024  Amendment of petition; verification of additional signatures.

      1.  A petition which lacks the required number of signatures may be amended once if the committee files a notice to amend with the county clerk within 2 days after it receives written notice from the county clerk pursuant to NRS 266.023. The committee must file with the county clerk an amended petition containing the additional required signatures within 8 days after it files a notice to amend. An amended petition must comply with the requirements of the petition as originally filed.

      2.  Within 10 days after the amended petition is filed, the county clerk shall verify the signatures and send a copy of the certificate by registered or certified mail to the committee.

      (Added to NRS by 1987, 1702)

      NRS 266.026  Determination of sufficiency of petition; review by board of county commissioners.

      1.  The county clerk shall promptly file with the board of county commissioners the certificate for:

      (a) A petition or amended petition which the county clerk determines is sufficient; and

      (b) A petition or amended petition which the county clerk determines is insufficient if a notice to amend or a notice to review is not timely filed by the committee.

Ê The sufficiency of the petition as certified by the county clerk shall be deemed a final determination of the board.

      2.  The committee may, within 2 days after it receives written notice from the county clerk that the petition or amended petition is insufficient, file a notice to review with the board of county commissioners. The board shall determine the sufficiency of the petition within 30 days after it receives the notice to review. The decision of the board is a final determination for the purposes of judicial review.

      (Added to NRS by 1987, 1702)

      NRS 266.0261  Request for report from Committee on Local Government Finance; submission of copies of petition to planning agencies, local governments and Department of Taxation.  Upon receipt of a petition that has been certified as sufficient by the county clerk, the board of county commissioners shall:

      1.  Within 30 days request a report on the advisability of incorporation and the feasibility of the proposed city, including, but not limited to, the factors set forth in NRS 266.0285 and a determination of whether the requirements set forth in NRS 266.017 have been satisfied, from the Committee on Local Government Finance. The report must be in writing and be delivered to the board of county commissioners not later than 90 days after the report is requested, unless the Committee determines the requirements set forth in NRS 266.017 have not been satisfied. Upon receipt of the report, the board shall supply a copy of the report upon request to any person for the cost of reproduction.

      2.  Within 30 days transmit a copy of the petition to the Executive Director of the Department of Taxation.

      3.  Transmit a copy of the petition to any state, county or regional planning commission or agency that exercises planning authority over any part of the area proposed to be incorporated and to every other local government within the county.

      (Added to NRS by 1989, 231; A 1995, 146)

      NRS 266.0262  Review of petition by planning agencies and local governments.  A commission, agency or district that receives a petition pursuant to subsection 3 of NRS 266.0261 may:

      1.  Review the petition for the proposed incorporation considering:

      (a) The operating charter or enabling laws of the commission, agency or district;

      (b) The factors set forth in NRS 266.0285; and

      (c) Any other information in its possession.

      2.  Report its recommendations regarding the proposed incorporation to the board of county commissioners in writing, not later than 60 days after it receives the petition.

      (Added to NRS by 1989, 232)

      NRS 266.0263  Estimated fiscal effect of incorporation: Statement by Department of Taxation; review of statement by Committee on Local Government Finance.

      1.  The Department of Taxation shall prepare a concise statement concerning the estimated fiscal effect of the incorporation on the residents of the proposed city, including an estimated tax rate and an example of that tax rate applied for 1 year to a median-priced home in the area of the proposed city compared to an example of the present tax rate in the area applied for the same period to the same home.

      2.  Within 30 days after receipt of the petition from the board of county commissioners, the Department of Taxation shall file with the Committee on Local Government Finance a statement of estimated fiscal effect prepared pursuant to subsection 1, and any explanatory material and calculations.

      3.  The Committee on Local Government Finance shall:

      (a) Approve or revise and approve the statement of estimated fiscal effect at a public meeting; and

      (b) Transmit the statement to the county clerk within 30 days after receipt of the statement from the Department of Taxation.

      4.  The statement of estimated fiscal effect prepared by the Department of Taxation must not affect any subsequent calculations made by the Department if the city is incorporated.

      (Added to NRS by 1989, 232; A 1995, 146)

      NRS 266.0264  Determination by Committee on Local Government Finance that proposed area is unsuitable for incorporation.

      1.  If the Committee on Local Government Finance determines that a petition for incorporation does not satisfy the requirements set forth in NRS 266.017, it shall notify the board of county commissioners in writing.

      2.  After a determination by the Committee on Local Government Finance that a petition does not satisfy the requirements of NRS 266.017, no further action on the petition for incorporation may be taken unless the determination is reversed by a district court pursuant to NRS 266.0265.

      (Added to NRS by 1989, 232; A 1995, 147)

      NRS 266.0265  Judicial review of determination that proposed area is unsuitable for incorporation.  A qualified elector or any other person who has an ownership interest in real property within the area proposed to be incorporated, and who is aggrieved by the determination of the Committee on Local Government Finance pursuant to NRS 266.0264 may appeal the determination to the district court within 30 days after the Committee notifies the board of county commissioners of the determination. The district court shall limit its review to the issues contained within the record of the public hearing and in the determination. The district court may allow the record to be supplemented by additional evidence concerning those issues. The determination of the Committee on Local Government Finance may be reversed only upon a showing that the determination is in violation of constitutional or statutory provisions, is arbitrary or capricious or involves an abuse of discretion. If the determination of the Committee on Local Government Finance is reversed, the Committee shall complete its report pursuant to NRS 266.0261 and the procedure for incorporation must be continued as if the Committee on Local Government Finance had not made its determination.

      (Added to NRS by 1989, 234; A 1995, 147)

      NRS 266.027  Public hearing on petition and report of Committee on Local Government Finance.

      1.  The board of county commissioners shall, within 14 days after it receives the report requested pursuant to NRS 266.0261, designate a date, time and place for a public hearing on the petition and the report.

      2.  The date of the public hearing must not be earlier than 14 days nor later than 30 days after the date on which the date, time and place of the public hearing was designated.

      3.  The board of county commissioners shall cause notice of the public hearing, including a copy of the petition without signatures, to be published in a newspaper of general circulation within the county at least 7 days before the hearing is held. The board shall provide notice of the date, time and place set for the public hearing at least 7 days before the hearing is held to the governing body of each city or town within the county.

      (Added to NRS by 1987, 1702; A 1989, 236)

      NRS 266.028  Record of public hearing; testimony at hearing; additional hearings.

      1.  The board of county commissioners shall keep a record of the hearing and include as part of the record the report requested pursuant to NRS 266.0261 and any report submitted by a commission, agency or district pursuant to NRS 266.0262.

      2.  The board of county commissioners shall allow any interested person to present oral or written testimony at the hearing. The board may invite representatives from state and local governments to present testimony.

      3.  The board may hold additional hearings but all hearings on the petition must be completed within 30 days after the initial hearing is held.

      (Added to NRS by 1987, 1703; A 1989, 237)

      NRS 266.0285  Factors for consideration in determining advisability of incorporation and feasibility of proposed city.

      1.  To determine the advisability of incorporation and the feasibility of the proposed city, the board of county commissioners shall consider the following factors with regard to the area proposed to be incorporated:

      (a) Its population and, if the area is located in a county whose population is 100,000 or more, the density of population;

      (b) The land area, land uses, topography, natural boundaries and drainage basin;

      (c) The extent to which the area is devoted to agriculture, mineral production or other uses that may not require significant improvements to the property;

      (d) The extent of commercial and industrial development;

      (e) The extent and age of residential development;

      (f) The comparative size and assessed value of subdivided land and unsubdivided land;

      (g) Current and potential issues concerning transportation;

      (h) Past expansion of population and construction;

      (i) The likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next 10 years;

      (j) The present cost, method and adequacy of regulatory controls and governmental service, including, but not limited to, water and sewer service, fire rating and protection, police protection, improvement and maintenance of streets, administrative services and recreational facilities in the area and the future need for such services and controls;

      (k) The present and projected revenues for the county and the proposed city;

      (l) The probable effect of incorporation on revenues and services in the county and local governments in adjacent areas;

      (m) The probable effect of the proposed incorporation and of any alternatives to incorporation on the social, economic and governmental structure of the affected county and adjacent areas;

      (n) The probable effect of the proposed incorporation and of any alternatives to incorporation on the availability and requirement of water and other natural resources; and

      (o) Any determination by a governmental agency that the area is suitable for residential, commercial or industrial development, or that the area will be opened to private acquisition.

      2.  If the area proposed to be incorporated is within 5 miles of an existing city, in addition to the factors listed in subsection 1, the board of county commissioners shall consider:

      (a) The size and population of the existing city;

      (b) Growth in population and commercial and industrial development in the existing city during the past 10 years;

      (c) Any extension of the boundaries of the existing city during the past 10 years;

      (d) The probability of growth of the existing city toward the area proposed to be incorporated in the next 10 years, considering natural barriers and other factors that might influence such growth; and

      (e) The willingness of the existing city to annex the area proposed for incorporation and to provide services to the area.

      3.  The board of county commissioners shall also consider:

      (a) The recommendations of any commission, agency, district or member of the public who submits a written report;

      (b) Testimony from any person who testifies at a hearing; and

      (c) Existing petitions for annexation of any part of the area.

      (Added to NRS by 1989, 233; A 1999, 881)

      NRS 266.029  Opinion of board of county commissioners on advisability of incorporation and feasibility of proposed city; election required.

      1.  Upon conclusion of the final hearing, the board of county commissioners may take the matter under consideration and shall, within 30 days after the conclusion of the hearing, issue an opinion, in writing, concerning the advisability of the incorporation and the feasibility of the proposed city.

      2.  The board shall designate a date on which the election will be held. The date of the election must not be earlier than 60 days nor later than 120 days after the board issues its opinion.

      3.  The board shall cause notice of the election to be published in a newspaper of general circulation within the county at least once each week for 3 consecutive weeks. The final publication of notice must be published before the day of the election.

      4.  The notice must include a copy of the petition, a description of the area proposed to be incorporated, the statement of the estimated fiscal effect of the proposed incorporation prepared pursuant to NRS 266.0263, the location of the polling places and the date and time of the election.

      (Added to NRS by 1987, 1703; A 1989, 237)

      NRS 266.031  Withdrawal of petition.  A petition for incorporation may be withdrawn at any time before the 30th day preceding the day of the election held pursuant to NRS 266.029 if a notice of withdrawal signed by at least four members of the committee is filed with the county clerk. Upon filing the notice of withdrawal, no further action may be taken on the petition for incorporation.

      (Added to NRS by 1987, 1703)

      NRS 266.032  Form and contents of ballot.  The ballots used for the election held pursuant to NRS 266.029 must:

      1.  Be in substantially the following form:

 

Shall the area described as .........................(describe area) be incorporated as the City of ................. (name of city)?

       Yes ....................

       No .....................

The voter shall mark the ballot by placing a cross (x) next to the word “yes” or “no.”

 

      2.  Contain the statement of the estimated fiscal effect of the proposed incorporation prepared pursuant to NRS 266.0263.

      3.  Contain a copy of the map or plat that was submitted with the petition pursuant to NRS 266.019 and depicts the existing streets, sewer interceptors and outfalls and their proposed extensions.

      (Added to NRS by 1987, 1703; A 1989, 237)

      NRS 266.0325  Sample ballot: Mailing; form and contents; notice concerning availability of ballots in large type.

      1.  At least 10 days before an election held pursuant to NRS 266.029, the county clerk or registrar of voters shall cause to be mailed to each qualified elector a sample ballot for the elector’s precinct with a notice informing the elector of the location of the polling place for that precinct.

      2.  The sample ballot must:

      (a) Be in the form required by NRS 266.032.

      (b) Include the information required by NRS 266.032.

      (c) Except as otherwise provided in subsection 3, be printed in at least 12-point type.

      (d) Describe the area proposed to be incorporated by assessor’s parcel maps, existing boundaries of subdivision or parcel maps, identifying visible ground features, extensions of the visible ground features, or by any boundary that coincides with the official boundary of the State, a county, a city, a township, a section or any combination thereof.

      (e) Contain a copy of the map or plat that was submitted with the petition pursuant to NRS 266.019 and depicts the existing dedicated streets, sewer interceptors and outfalls and their proposed extensions.

      (f) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      3.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

      4.  The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.

      5.  If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.

      (Added to NRS by 1989, 234; A 2001, 2003)

      NRS 266.033  Canvass of votes; notice of results.

      1.  The board of county commissioners shall canvass the votes in the same manner as votes are canvassed in a general election. Upon the completion of the canvass, the board shall immediately notify the county clerk of the result.

      2.  The county clerk shall immediately, upon receiving notice of the canvass from the board of county commissioners, cause to be published a notice of the results of the election in a newspaper of general circulation in the county. If the incorporation is approved by the voters, the notice must include the population category of the incorporated city, as described in NRS 266.055. The county clerk shall file a copy of the notice with the Secretary of State.

      (Added to NRS by 1987, 1703; A 2001, 624)

      NRS 266.0335  Preparation of legal description of incorporated city.  Upon approval of the incorporation by the voters, the board of county commissioners shall authorize a professional land surveyor licensed pursuant to chapter 625 of NRS to prepare a legal description of the area of the incorporated city by metes and bounds and courses and distances. The cost of the survey is a charge against the incorporated city.

      (Added to NRS by 1989, 234; A 1997, 1063)

      NRS 266.034  Liability for costs of incorporation.

      1.  The costs incurred by the board of county commissioners in carrying out the provisions relating to the incorporation, including the costs incurred in certifying the petition, publishing the notices, requesting the report pursuant to NRS 266.0261, conducting the public hearing and election, including the cost of mailing the sample ballots, and any appeal pursuant to NRS 266.0265 are a charge against the county if the proposed incorporation is not submitted to the voters or the incorporation is disapproved by the voters, and a charge against the incorporated city if the incorporation is approved by the voters.

      2.  The costs incurred by the incorporators in carrying out the provisions relating to the incorporation, including the costs incurred in preparation of the petition for incorporation, preparation of the descriptions and map of the area proposed to be incorporated and circulation of the petition are chargeable to the incorporated city if the incorporation is approved by the voters.

      (Added to NRS by 1987, 1704; A 1989, 238)

      NRS 266.036  Election of officers of city; notice.

      1.  Upon approval of the incorporation by the voters, the board of county commissioners shall designate a date on which an election to elect the officers of the incorporated city will be held. The election must be held not less than 60 days nor more than 120 days after the election conducted pursuant to NRS 266.029.

      2.  The county clerk shall publish or cause to be published notice of the election in a newspaper of general circulation in the incorporated city. The notice must be published once each week for 3 consecutive weeks. If no newspaper of general circulation is published in the city, the county clerk shall post the notice in at least five public places in the city.

      (Added to NRS by 1987, 1704)

      NRS 266.037  Limitations on circulation of petition for incorporation.  A petition for incorporation must not be circulated for signatures or considered by the board of county commissioners for 1 year after the date on which:

      1.  A final determination of its insufficiency is made;

      2.  An election is held in which the proposed incorporation of the area is rejected by the voters;

      3.  A notice of withdrawal of a petition is filed with the county clerk pursuant to NRS 266.031; or

      4.  A final disposition is made on a petition for incorporation which was previously filed with the county clerk if that petition included any area which is also included in the petition proposed to be circulated.

      (Added to NRS by 1987, 1704)

      NRS 266.038  Candidate for elective office of newly created city.  A person who wishes to become a candidate for an elective office of a newly created city must:

      1.  Reside within the boundaries of the newly created city; and

      2.  File a declaration of candidacy with the county clerk not less than 30 days nor more than 90 days before the date of the election.

      (Added to NRS by 1987, 1704; A 1997, 3474)

      NRS 266.039  Articles of incorporation.

      1.  The mayor of the city shall file three copies of the articles of incorporation of the city with the Secretary of State.

      2.  The articles of incorporation must be signed and verified by the mayor and include the name of the city, a description of its location and its population category, as described in NRS 266.055.

      3.  The Secretary of State shall certify the articles of incorporation upon receipt and send one copy to the county clerk of the county in which the city is located and one copy to the mayor of the city. The Secretary of State shall retain a copy for his or her records and furnish a certified copy to any person who requests a copy upon payment of a reasonable fee as determined by the Secretary of State.

      (Added to NRS by 1987, 1704; A 2001, 625)

      NRS 266.041  Powers of elected officers before incorporation becomes effective.  Before the incorporation of the city becomes effective, the elected officers of the city may:

      1.  Prepare and adopt a budget;

      2.  Adopt ordinances, including an ordinance fixing the salaries of the officers first elected or appointed for the city, including those officers who enact and sign the ordinance;

      3.  Levy a tax ad valorem on property within the area of the city, at the time and in the amount prescribed by law for cities, for the fiscal year beginning on the date the incorporation of the city becomes effective;

      4.  Negotiate an equitable apportionment of the fixed assets of the county pursuant to NRS 266.044;

      5.  Negotiate contracts for the employment of personnel;

      6.  Negotiate contracts to provide services for the city, including those services provided for by chapter 277 of NRS; and

      7.  Negotiate contracts for the purchase of equipment, materials and supplies.

      (Added to NRS by 1987, 1705; A 2001, 701)

      NRS 266.042  Effective date of incorporation; presumption of incorporation.

      1.  The incorporation of a city becomes effective:

      (a) If the election held pursuant to NRS 266.036 is held on or before the 1st Tuesday after the 1st Monday of November, on July 1 of the year next following the election; or

      (b) If the election held pursuant to NRS 266.036 is held after the 1st Tuesday after the 1st Monday of November, 1 year after July 1 of the year next following the election.

      2.  A city which levies and collects a tax ad valorem on property for at least 2 years after its incorporation and whose existence as an incorporated city has not been challenged in the district court for the county in which the city is located, is conclusively presumed to be a lawfully existing incorporated city.

      (Added to NRS by 1987, 1705)

      NRS 266.043  County entitled to receive taxes from city between notice of results of election and effective date of incorporation; special districts within city continue to exist.

      1.  During the period from the filing of the notice of the results of the election by the county clerk pursuant to NRS 266.033 until the date the incorporation of the city becomes effective, the county is entitled to receive the taxes and other revenue from the incorporated city and shall continue to provide services to the city.

      2.  Except as otherwise provided in NRS 318.492, all special districts, except fire protection districts, located within the boundaries of an incorporated city continue to exist within that city after the incorporation becomes effective.

      (Added to NRS by 1987, 1705; A 1989, 520)

      NRS 266.044  Apportionment of county’s fixed assets located within city.

      1.  The governing body of the incorporated city and the board of county commissioners of the county in which the incorporated city is located shall, before the date the incorporation becomes effective or within 90 days thereafter, equitably apportion those fixed assets of the county which are located within the boundaries of the incorporated city. The governing bodies shall consider the location, use and types of assets in determining an equitable apportionment between the county and the incorporated city.

      2.  Any real property and its appurtenances located within the incorporated city and not required for the efficient operation of the county’s duties must first be applied toward the city’s share of the assets of the county. Any real property which is required by the county for the efficient operation of its duties must not be transferred to the city.

      3.  If an agreement to apportion the assets of the county is not reached within 90 days after the incorporation of the city, the matter may be submitted to arbitration upon the motion of either party.

      4.  Any appeal of the arbitration award must be filed with the district court within 30 days after the award is granted.

      (Added to NRS by 1987, 1705)

      NRS 266.0445  Assessment and taxation of certain property to pay for indebtedness of county.  Any property located within an incorporated city which was assessed and taxed by the county before incorporation must continue to be assessed and taxed to pay for the indebtedness incurred by the county before incorporation.

      (Added to NRS by 1987, 1706)

      NRS 266.045  Bonds of first elected officers.  Whenever the inhabitants of any territory become incorporated under this chapter, the officers required by NRS 266.420 to give bonds shall do so in the penal sum of not less than $500, such bonds to remain in force until the passage of ordinances or resolutions by the city council providing for the giving of bonds by such officers.

      [40:125:1907; RL § 806; NCL § 1141]—(NRS A 1971, 297)

      NRS 266.050  Specially chartered city may surrender charter and become organized under this chapter: Procedure.  Any city now or hereafter organized pursuant to a special charter may surrender that charter and become organized pursuant to this chapter in the following manner:

      1.  Whenever a petition signed by 15 percent of the qualified electors of the city, as they appear from the registration list of qualified electors at the last preceding city election for city officers, is presented to the legislative body of that city, praying that the special charter may be surrendered, and that the city is to be organized pursuant to the provisions of this chapter, the city council shall submit the question at the next primary or general municipal election or primary or general state election.

      2.  If a majority of the votes cast at the election are for city organization pursuant to this chapter, the city shall, on the date the results of the election are declared, be deemed to have surrendered its charter and to be organized pursuant to this chapter.

      [103:125:1907; RL § 869; NCL § 1204]—(NRS A 1971, 297; 1987, 365; 1993, 1039)

POPULATION CATEGORIES; JUDICIAL NOTICE; VESTED RIGHTS; CONTINUATION OF ORDINANCES, RESOLUTIONS AND OFFICERS; GENERAL POWERS

      NRS 266.055  Categorization of cities by population.  Municipal corporations organized pursuant to the provisions of this chapter must be divided into three population categories:

      1.  Those cities having 50,000 or more inhabitants are cities of population category one.

      2.  Those cities having 5,000 or more but less than 50,000 inhabitants are cities of population category two.

      3.  Those cities having less than 5,000 inhabitants are cities of population category three.

      [7:125:1907; RL § 773; NCL § 1106]—(NRS A 2001, 625, 2702; 2003, 14)

      NRS 266.060  Attainment of higher population category; proclamation of Governor.

      1.  Whenever any city of population category two attains the population of 50,000 or more, or any city of population category three attains the population of 5,000 or more, and that fact is ascertained:

      (a) By actual census taken and certified to the Governor by the mayor; or

      (b) At the option of the city council, by the Governor, pursuant to NRS 360.285, for 2 consecutive years,

Ê the Governor shall declare, by public proclamation, that city to be of population category one or two, and the city thus changed is governed by the provisions of this chapter applicable to cities of the higher population category.

      2.  An authenticated copy of the Governor’s proclamation must be filed in the Office of the Secretary of State.

      [8:125:1907; RL § 774; NCL § 1107]—(NRS A 1985, 1172; 2001, 625, 2702; 2003, 14)

      NRS 266.066  Judicial proceedings: Judicial notice of change in population category and organization of city and ordinances, rules, resolutions and regulations of city council; pleading and proof.

      1.  All courts of this state shall take judicial notice in all civil or criminal actions of:

      (a) The change in population category and organization of any city.

      (b) All ordinances, rules, resolutions or other regulations of the city council.

      2.  In all such actions, it is not necessary to plead the contents of any order, ordinance, rule, resolution or other regulation, but may be proved prima facie by the introduction of the original entry or a copy thereof certified by the clerk.

      (Added to NRS by 1971, 296; A 2001, 625)

      NRS 266.070  Vested rights on incorporation or change in population category; remedies.

      1.  All rights and property of every kind which were vested in any municipal corporation under its former organization shall be deemed to be vested in the same municipal corporation upon its becoming incorporated or changing population category pursuant to the provisions of this chapter. No rights or liabilities, either in favor of or against such corporation, existing at the time of becoming incorporated or changing population category pursuant to this chapter, and no action or prosecution shall be affected by the change, but the rights and liabilities, and any action or prosecution, must stand and progress as if no change had been made.

      2.  Whenever a different remedy is given by this chapter, which may properly be made applicable to any right existing at the time of such city becoming incorporated or changing population category pursuant to this chapter, the remedy shall be deemed cumulative to the remedy before provided, and used accordingly.

      [10:125:1907; RL § 776; NCL § 1109]—(NRS A 2001, 625)

      NRS 266.075  Existing ordinances and resolutions remain effective on organization or change in population category; no alteration in legal identity.

      1.  All ordinances and resolutions in force in any city when the city becomes organized or changes its population category pursuant to the provisions of this chapter must, if the ordinances and resolutions do not conflict with the provisions of this chapter, remain in effect until repealed or amended, notwithstanding such organization or change of population category.

      2.  Such organization or change of population category shall not be construed to alter the legal identity of the city.

      [11:125:1907; RL § 777; NCL § 1110]—(NRS A 2001, 626)

      NRS 266.080  Officers continue in office on organization or change in population category; terms of officers elected on organization.

      1.  When any city now existing under a special charter is organized under the provisions of this chapter, or by proclamation of the Governor changes population category, the officers then in office continue to be officers of the city:

      (a) If the change in population category results in a change in the number of municipal wards in the city, until the next city election; or

      (b) In all other cases, until the expiration of their elected terms,

Ê and until their successors are elected and qualified.

      2.  When new territory is organized as a city, by petition and election of officers, the officers first elected serve until the next city election, and until their successors are elected and qualified.

      [12:125:1907; RL § 778; NCL § 1111]—(NRS A 1987, 365; 1989, 1164; 2001, 626)

      NRS 266.085  City is municipal corporation; name; general powers.

      1.  Cities incorporated pursuant to this chapter:

      (a) Are municipal corporations.

      (b) Shall be known and designated by the name and style adopted.

      2.  Under such name, cities may:

      (a) Sue and be sued.

      (b) Contract and be contracted with.

      (c) Acquire and hold real and personal property for corporate purposes.

      (d) Have a common seal and change the same at pleasure.

      (e) Have perpetual succession.

      (f) Exercise all the powers conferred in this chapter.

      [13:125:1907; RL § 779; NCL § 1112]—(NRS A 2001, 626)

WARDS

      NRS 266.095  Number; population and form; division of city by county commissioners during incorporation; change of boundaries.

      1.  In a city incorporated pursuant to this chapter, the city may be divided into wards by ordinance as follows:

      (a) A city of population category one, into four or six wards.

      (b) A city of population category two or three, into three or five wards.

      2.  The division of cities into wards must, during the incorporation thereof, be made by the board of county commissioners. The wards must as nearly as practicable be of equal population and in compact form.

      3.  Once established, the boundaries of wards must be changed by ordinance of the city council.

      4.  Except as otherwise provided in NRS 293.209, the boundaries of the wards:

      (a) Must be changed whenever the population, as determined by the last preceding national decennial census conducted by 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.

      (b) May be changed to include territory which has been annexed, or whenever the population in any ward exceeds the population in any other ward by more than 5 percent by any measure that is found to be reliable by the city council.

      [14:125:1907; RL § 780; NCL § 1113]—(NRS A 1973, 34; 1987, 1304; 1993, 53; 1995, 2064; 2001, 627; 2005, 225)

ORDINANCES AND RESOLUTIONS

      NRS 266.105  Power of city council to pass ordinances, resolutions and orders and provide fines or penalties for enforcement of ordinances.

      1.  The city council may make and pass all ordinances, resolutions and orders, not repugnant to the Constitutions of the United States or of the State of Nevada or to the provisions of this chapter, necessary for the municipal government and the management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this chapter.

      2.  The city council may provide for fines or penalties to enforce such ordinances, not to exceed those provided for by law for misdemeanors.

      [Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 297; 2001, 627)

      NRS 266.110  Enactment of ordinance: Subject; title.

      1.  No ordinance shall be passed except by bill, and when any ordinance is amended, the section or sections thereof shall be reenacted as amended.

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

      [26:125:1907; RL § 792; NCL § 1126]—(NRS A 1971, 298)

      NRS 266.115  Enactment of ordinance: Style; introduction and notice; final action; publication.

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

      2.  At the next regular or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the council, and thereafter it must be read by title and summary or in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance must be finally voted upon or action on it postponed.

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

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

      (b) Posted in full in the city hall.

Ê The ordinance must go into effect 20 days after its publication, except emergency ordinances which may be effective immediately.

      [27:125:1907; A 1955, 422]—(NRS A 1967, 382; 1971, 298; 1979, 89; 1983, 364; 1987, 1050)

      NRS 266.118  Ordinance relating to criminal offense: City clerk to mail copy to court administrator.  If the city council adopts, repeals or amends an ordinance concerning a criminal offense, the city clerk shall mail a copy of the ordinance as adopted, repealed or amended to the court administrator.

      (Added to NRS by 1991, 1557)

THE MAYOR

      NRS 266.165  Chief executive is mayor.  The chief executive of a city shall be the mayor.

      [Part 18:125:1907; RL § 784; NCL § 1117]

      NRS 266.170  Qualifications.  Mayors shall be qualified electors within their respective cities and shall have been actually bona fide residents thereof for a period of at least 1 year next preceding their election.

      [Part 16:125:1907; RL § 782; NCL § 1115]—(NRS A 1977, 201)

      NRS 266.175  Election.  Mayors shall be chosen by the qualified electors of their respective cities.

      [Part 17:125:1907; RL § 783; NCL § 1116]

      NRS 266.180  Vacancy filled by city council.  Any vacancy occurring in the office of mayor, by death, resignation, removal or otherwise, shall be filled by the city council at the first regular meeting after such vacancy, when the council shall by a majority vote elect some competent person who shall hold the office until the election of a successor at the next general city election, and the successor’s qualification.

      [19 1/2:125:1907; added 1933, 7; 1931 NCL § 1119.01]

      NRS 266.185  Mayor pro tem.

      1.  During the absence or disability of the mayor:

      (a) In a city of population category one that is divided into wards, the council member at large shall act as mayor pro tem.

      (b) In all other cities incorporated pursuant to this chapter, the city council shall, by ordinance or resolution, provide for the appointment of one of its members as mayor pro tem.

      2.  During the absence or disability of the mayor, the mayor pro tem shall:

      (a) Possess the powers and duties of mayor; and

      (b) Except in a city of population category one, hold the office of mayor pro tem at the pleasure of the city council.

      [Part 18:125:1907; RL § 784; NCL § 1117]—(NRS A 2001, 627)

      NRS 266.190  General duties.

      1.  The mayor shall exercise a careful supervision over the general affairs of the city.

      2.  In exercising the duty of supervision pursuant to subsection 1, the mayor shall:

      (a) From time to time, give the city council information in writing relative to the state of the city, and recommend such measures as the mayor may deem beneficial to the city.

      (b) See that all the general laws and ordinances of the city are observed and enforced.

      (c) Take all proper measures for the preservation of public peace and order, and the suppression of riots, tumults and all forms of public disturbances, for which purpose the mayor may, if the city is not participating in a metropolitan police department, appoint extra police officers temporarily and use and command the police force. If the city is participating in a metropolitan police department, the mayor may request law enforcement assistance from the sheriff. In either case, if local law enforcement forces are inadequate, the mayor shall call upon the Governor for military aid in the manner provided by law.

      (d) Sign all licenses and warrants and claims against the city.

      (e) See that all contracts are fully kept and faithfully performed, and, to that end and in any such case where necessary or proper to protect the interests of the city, shall cause legal proceedings to be instituted or defended at the expense of the city.

      (f) Perform such other duties as the city council shall prescribe by ordinance.

      [Part 18:125:1907; RL § 784; NCL § 1117]—(NRS A 1973, 925; 2001, 627)

      NRS 266.200  Mayor is presiding officer of city council; vote; veto; approval of contracts, resolutions and ordinances.

      1.  The mayor:

      (a) Shall preside over the city council when in session, and shall preserve order and decorum among the members and enforce the rules of the city council and determine the order of business, subject to those rules and appeal to the city council, or as provided by ordinance.

      (b) Is not entitled to a vote except in case of a tie, when the mayor has a casting vote, except as otherwise provided in this chapter.

      2.  The mayor may exercise the right of veto upon all matters passed by the city council. To pass any matter receiving the mayor’s veto requires a five-sevenths vote of a city council composed of seven members, a four-fifths vote of a city council composed of five members, and a unanimous vote of a city council composed of three members.

      3.  No resolution or contract requiring the payment of money nor any ordinance may go into force or have any effect until approved in writing by the mayor, unless passed over the mayor’s veto. If the mayor does not approve the resolution, contract or ordinance so submitted, the mayor shall, within 5 days after the receipt thereof, return it to the city clerk with his or her reasons in writing for not approving it. If the mayor does not so return it, the resolution or contract thereupon goes into effect and the ordinance becomes a law, in like manner and with the same effect as if it had been approved by the mayor.

      [Part 18:125:1907; RL § 784; NCL § 1117]—(NRS A 1993, 54; 2001, 628)

CITY COUNCIL

      NRS 266.215  Qualifications of city council members.  Council members must be:

      1.  Qualified electors within their respective cities and bona fide residents thereof for a period of at least 1 year next preceding their election.

      2.  Except as otherwise provided in NRS 266.220, qualified electors within their respective wards.

      [Part 16:125:1907; RL § 782; NCL § 1115]—(NRS A 1977, 201; 1995, 2064)

      NRS 266.220  Election and number of council members.

      1.  If a city of population category one is:

      (a) Divided into wards, the city council must be composed of five or seven council members with one council member from each ward who is elected only by the electors who reside in that ward and one council member who is elected by the city at large.

      (b) Not divided into wards, five or seven council members must be elected by the voters of the city at large.

      2.  If a city of population category two or three is:

      (a) Divided into wards, the city council must be composed of three or five council members with one council member from each ward who is elected only by the electors who reside in that ward.

      (b) Not divided into wards, the three or five council members must be elected by the voters of the city at large.

      [Part 15:125:1907; RL § 781; NCL § 1114] + [Part 17:125:1907; RL § 783; NCL § 1116]—(NRS A 1963, 43, 141; 1969, 1089; 1993, 54; 1995, 2064; 2001, 628)

      NRS 266.225  Vacancy in office of council member filled by mayor and council; exception.  Except as otherwise provided in NRS 268.325, any vacancy occurring in the office of council member by death, resignation, removal or otherwise must be filled by the mayor and city council at the first regular meeting after the vacancy, when the council and the mayor, who has the same voting power thereon as a council member, shall by a majority vote elect some person possessing the requisite qualifications, who shall hold the office until the election and qualification of a successor at the next general city election.

      [19:125:1907; RL § 785; NCL § 1119]—(NRS A 1997, 2448)

      NRS 266.230  Limitation on council member’s appointment to office created or which had salary increased while he or she was member of council.  No member of any city council shall, during the term for which the council member was elected and for 1 year after the expiration of such term, hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased, while he or she was such member.

      [50:125:1907; RL § 816; NCL § 1151]

      NRS 266.235  Quorum.  Except as otherwise provided in NRS 241.0355, a majority of all members of the city council constitutes a quorum to do business, but fewer members may meet and adjourn from time to time and may compel the attendance of absentees under such penalties as may be prescribed by ordinance.

      [20:125:1907; RL § 786; NCL § 1120]—(NRS A 2001, 629, 1125; 2003, 14)

      NRS 266.240  Rules; punishment or expulsion of members.  The city council shall determine its own rules of procedure, may punish its members for disorderly conduct, and, with the concurrence of two-thirds of the members of the city council, may expel a member for cause.

      [Part 21:125:1907; RL § 787; NCL § 1121]—(NRS A 2001, 629)

      NRS 266.245  Meetings: Frequency, time and place of holding; compliance with Open Meeting Law.

      1.  The city council shall prescribe by ordinance the time and place of holding its meetings, but at least one meeting must be held each month.

      2.  All meetings of a city council must be conducted in accordance with the provisions of chapter 241 of NRS.

      [22:125:1907; RL § 788; NCL § 1122] + [24:125:1907; RL § 790; NCL § 1124]—(NRS A 2001, 629)

      NRS 266.250  Meetings to be public; minutes; audio recordings or transcripts; required recorded votes; affirmative vote of majority of all members required to pass ordinances and certain propositions.

      1.  The deliberations, sessions and proceedings of the city council must be public.

      2.  The city council shall keep written minutes and audio recordings or transcripts of its own proceedings as required pursuant to NRS 241.035. The yeas and nays must be taken upon the passage of all ordinances, and all propositions to create any liability against the city, or to grant, deny, increase, decrease, abolish or revoke licenses, and in all other cases at the request of any member of the city council or of the mayor, which yeas and nays must be entered in the minutes of its proceedings. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.

      3.  The affirmative vote of a majority of all the members elected to the city council is necessary to pass any such ordinance or proposition.

      [23:125:1907; RL § 789; NCL § 1123]—(NRS A 2001, 629, 1125; 2003, 14; 2005, 1408; 2013, 327)

      NRS 266.255  Deferment of final action on committee’s report.  At the request of any two members of the city council in cities with councils composed of five or seven members, or at the request of one member in cities with councils composed of three members, final action on any report of a committee of the city council must be deferred to the next regular meeting of the city council after the report is made.

      [25:125:1907; RL § 791; NCL § 1125]—(NRS A 1993, 54; 2001, 630)

POWERS OF CITY COUNCIL

      NRS 266.260  Manner and details for exercise of powers of city council may be provided by ordinance.  When power is conferred upon the city council to do and perform any act or thing, and the manner of exercising the same is not specifically pointed out, the city council may provide by ordinance the manner and details necessary for the full exercise of such power.

      [29:125:1907; RL § 795; NCL § 1130]

      NRS 266.261  Public works: General powers of city council.

      1.  The city council, on behalf of the city and in its name, without any election, may acquire, improve, equip, operate and maintain, convert to or authorize:

      (a) Curb and gutter projects;

      (b) Drainage projects;

      (c) Off-street parking projects;

      (d) Overpass projects;

      (e) Park projects;

      (f) Sanitary sewer projects;

      (g) Sidewalk projects;

      (h) Storm sewer projects;

      (i) Street projects;

      (j) Underpass projects;

      (k) Water projects; and

      (l) Underground electric and communication facilities.

      2.  The city council, on behalf of the city, for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by subsection 1, or any portion of the cost thereof not to be defrayed with money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS.

      (Added to NRS by 1973, 377; A 1985, 260; 2001, 2075)

      NRS 266.263  Public works: City’s powers subordinate to powers of regional planning agency. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or effective through September 30, 2017, if: (1) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]  In any region of this state for which there has been created by interstate compact a regional planning agency, the powers of a city incorporated under this chapter for the location and construction of all public works are subordinate to the powers of such regional planning agency.

      (Added to NRS by 1968, 13; R 2011, 3740; 2013, 2366, 2367, effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective October 1, 2017; if (1) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirement set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; and (2) the amendments to the Tahoe Regional Planning Compact proposed by this State 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017; A 2013, 2366, 2367, 3838)

      NRS 266.265  City’s property: General powers of city council; exceptions.

      1.  The city council may:

      (a) Control the property of the city.

      (b) Erect and maintain all buildings, structures and other improvements for the use of the city.

      (c) Except as otherwise provided in NRS 268.059, 268.061 and 268.062, purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries, improve and protect such property, and do all other things in relation thereto which natural persons might do.

      2.  Except as otherwise provided by law, the city council may not mortgage, hypothecate or pledge any property of the city for any purpose.

      [Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 299; 2001, 630; 2005, 1462, 2680)

      NRS 266.267  Requirements for sale or lease of real property owned by city.

      1.  A city council shall not enter into a lease of real property owned by the city for a term of 3 years or longer or enter into a contract for the sale of real property until after the property has been appraised pursuant to NRS 268.059. Except as otherwise provided in this section, paragraph (a) of subsection 1 of NRS 268.050 and subsection 3 of NRS 496.080:

      (a) The sale or lease of real property must be made in the manner required pursuant to NRS 268.059, 268.061 and 268.062; and

      (b) A lease or sale must be made at or above the highest appraised value of the real property as determined pursuant to the appraisal conducted pursuant to NRS 268.059.

      2.  The city council may sell or lease real property for less than its appraised value to any person who maintains or intends to maintain a business within the boundaries of the city which is eligible pursuant to NRS 374.357 for an abatement from the sales and use taxes imposed pursuant to chapter 374 of NRS.

      (Added to NRS by 1995, 2203; A 2005, 1462, 2680; 2007, 566, 2008)

      NRS 266.270  Condemnation of property for public uses.  The city council may condemn property for public uses in the manner prescribed by chapter 37 of NRS.

      [Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 299; 1985, 261)

      NRS 266.275  Streets, sidewalks, parks and public grounds.  The city council may:

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

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

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

      4.  Regulate and prevent in all public places:

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

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

      (c) Public demonstrations and processions.

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

      [Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 299)

      NRS 266.277  Traffic and parking.  The city council may, by ordinance, regulate:

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

      (Added to NRS by 1971, 296; A 1973, 470; 2003, 1251)

      NRS 266.280  Parking meters; off-street facilities for public parking.

      1.  The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters must be fixed by the city council.

      2.  The city council may acquire property within the city, by any lawful means except by eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The council may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, and a majority of the electors voting on the bond question is in favor of the issuance of the bonds, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The city council may, in such bonds, pledge on-street parking revenues, the general credit of the city, or both, to secure the payment of the principal thereof and interest thereon.

      [28 3/4:125:1907; added 1955, 196]—(NRS A 1971, 104, 301; 1985, 261)

      NRS 266.285  Provision of utilities.  The city council may:

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

      2.  Provide for the construction of any facility necessary for the provision of the utility.

      3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and must be perfected by recording with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien:

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

      (b) Is not subject to extinguishment by the sale of any property because of the nonpayment of general taxes.

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

      [Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 301; 2001, 1756, 2076; 2003, 152)

      NRS 266.290  Acquisition or establishment of municipal utility: Procedure.

      1.  The city council may acquire or establish any public utility in the manner provided in this section.

      2.  The council shall enact an ordinance which must set forth fully and in detail:

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

      (b) The estimated cost thereof, as shown by the report approved by the council and mayor, of an engineer or body theretofore appointed by the council for that purpose.

      (c) The proposed manner and terms of payment.

      3.  The ordinance must be published in full at least once a week for 4 successive weeks in a newspaper of general circulation published in the city.

      4.  At the first regular meeting of the council, or any adjournment thereof, after the completion of the publication, the council may proceed to enact an ordinance for that purpose which must conform in all respects to the terms and conditions of the previously published ordinance, unless a petition is presented to it, signed by not less than 15 percent of the qualified electors of the city, as shown by the last preceding registration list, and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll, praying for placement on the ballot at a special election or at the next primary or general municipal election or primary or general state election of the question of whether the proposed ordinance is to be passed. Thereupon, no such proposed ordinance may be enacted or become effective for any purpose whatsoever, unless at a special election called and held for the purpose or the next primary or general municipal election or primary or general state election, a majority of the votes cast are for the ordinance.

      [Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 302; 1981, 952; 1993, 1039; 2001, 2076)

      NRS 266.295  Railroads and railways.  The city council may:

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

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

      3.  Declare a nuisance and take up and remove, or cause to be taken up and removed, the tracks of any railway which have been laid upon, in, along, through or across any of the streets, alleys, avenues or public places of the city and which have not been operated with cars for public use for 1 year after the laying thereof.

      4.  Subject to the provisions of NRS 704.300, condemn rights-of-way for any public purpose across any railroad right-of-way.

      5.  Prescribe the length of time any public right-of-way may be obstructed by trains standing thereon.

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

      7.  Require railroad companies to provide protection against injury to persons or property.

      8.  Compel railroad companies to raise or lower their tracks to conform to any grade established by the city, so that tracks may be crossed at any place on any street, alley or avenue.

      9.  Compel railroad companies to provide that drainage from property adjacent to their tracks not be impaired.

      [Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 302; 1985, 1241)

      NRS 266.300  Franchises for certain public purposes.

      1.  The city council shall have the power:

      (a) To grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through or across any street, alley, avenue or any part or parts thereof of the city or other public places therein, railroad tracks and connecting and terminal tracks.

      (b) To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting works in the city, and to give such person, company or association the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of the city.

      2.  The city council shall grant no franchise for a longer period of time than 50 years, and no franchise for any purpose shall be granted within any city incorporated under the provisions of this chapter except as herein provided. Nothing herein contained shall be construed to impair any franchises granted in any city prior to its incorporation hereunder.

      [Part 28:125:1907; RL § 794; NCL § 1128]

      NRS 266.310  Fire department; arson investigators; storage of hazardous material; fire code.  The city council may:

      1.  Organize, regulate and maintain a fire department.

      2.  Prescribe the duties of the fire chief.

      3.  Designate arson investigators as peace officers.

      4.  Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept. Any ordinance adopted pursuant to this subsection that regulates places of employment where explosives are stored must be at least as stringent as the standards and procedures adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

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

      [Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 303; 1985, 261; 1999, 1858)

      NRS 266.316  Acquisition, maintenance and abolishment of cemeteries.  The city council may, by any lawful means, acquire, control, maintain, enlarge or abolish cemeteries.

      (Added to NRS by 1971, 296)

      NRS 266.321  Police ordinances: Enactment and enforcement; penalty for violation of state law.

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

      2.  Any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the city whenever such offense is committed within the city.

      (Added to NRS by 1971, 296)

      NRS 266.323  Employment of security officers.  The governing body of a city may employ security officers.

      (Added to NRS by 1985, 260; A 1993, 2529)

      NRS 266.325  Control of animals and poultry; collection of fee.  The city council may:

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

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

      3.  Establish a pound, appoint a poundkeeper and prescribe the poundkeeper’s duties.

      4.  Prohibit cruelty to animals.

      [Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 304)

      NRS 266.330  Public health.  The city council may:

      1.  Provide for safeguarding public health in the city.

      2.  Create a board of health and prescribe the powers and duties of such board.

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

      [Part 28:125:1907; RL § 794; NCL § 1128] + [28 1/2:125:1907; added 1921, 85; NCL § 1129]—(NRS A 1971, 305)

      NRS 266.335  Nuisances: Abatement, prevention and removal; costs as lien.  The city council may:

      1.  Except as otherwise provided in subsection 3 of NRS 40.140 and subsection 6 of NRS 202.450, determine by ordinance what shall be deemed nuisances.

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

      3.  Provide that the expense of removal is a lien upon the property upon which the nuisance is located. The lien must:

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

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

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

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

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

      [Part 28:125:1907; RL § 794; NCL § 1128] + [100 1/2:125:1907; added 1945, 289; 1943 NCL § 1201.01]—(NRS A 1971, 306; 1997, 953; 2001, 1756; 2007, 3133)

SURCHARGE FOR ENHANCEMENT OF TELEPHONE SYSTEM USED FOR REPORTING EMERGENCY

      NRS 266.342  “Trunk line” defined.  As used in NRS 266.342 to 266.348, inclusive, unless the context otherwise requires, “trunk line” means a line which provides a channel between a switchboard owned by a customer of a telephone company and the local exchange of the telephone company.

      (Added to NRS by 2005, 495)

      NRS 266.344  Imposition in certain cities; master plan required; amount; collection; penalties for delinquent payment.

      1.  Except as otherwise provided in this section, the city council of a city of population category two or three in a county whose population is 700,000 or more may, by ordinance, impose a surcharge on each access line or trunk line of each customer to the local exchange of any telephone company providing those lines in the city, for the enhancement of the telephone system for reporting an emergency in the city.

      2.  A city council may not impose a surcharge pursuant to this section unless the city council first adopts a 5-year master plan for the enhancement of the telephone system for reporting emergencies in the city. The master plan must include an estimate of the cost of the enhancement of the telephone system and all proposed sources of money for funding the enhancement.

      3.  The surcharge imposed by a city council pursuant to this section:

      (a) For each access line to the local exchange of a telephone company, must not exceed 25 cents each month; and

      (b) For each trunk line to the local exchange of a telephone company, must equal 10 times the amount of the surcharge imposed for each access line to the local exchange of a telephone company pursuant to paragraph (a).

      4.  A telephone company which provides access lines or trunk lines in a city that imposes a surcharge pursuant to this section shall collect the surcharge from its customers each month. The telephone company shall remit the surcharge it collects to the treasurer of the city in which the surcharge is imposed not later than the 15th day of the month after the month it receives payment of the surcharge from its customers.

      5.  An ordinance adopted pursuant to subsection 1 may include a schedule of penalties for the delinquent payment of amounts due from telephone companies pursuant to this section. Such a schedule:

      (a) Must provide for a grace period of not less than 90 days after the date on which the telephone company must otherwise remit the surcharge to the city treasurer; and

      (b) Must not provide for a penalty that exceeds 5 percent of the cumulative amount of surcharges owed by a telephone company.

      (Added to NRS by 2005, 495; A 2011, 1155)

      NRS 266.346  Establishment of advisory committee to develop plan to enhance telephone system for reporting emergency; creation of special revenue fund; use of money in fund.  If a city council imposes a surcharge pursuant to NRS 266.344, the city council shall:

      1.  Establish by ordinance an advisory committee to develop a plan, consistent with the master plan adopted by the city council pursuant to NRS 266.344, to enhance the telephone system for reporting an emergency in the city and to oversee any money allocated for that purpose. The advisory committee must consist of not less than five members who:

      (a) Are residents of the city;

      (b) Possess knowledge concerning telephone systems for reporting emergencies; and

      (c) Are not elected public officers.

Ê At least one member of an advisory committee established pursuant to this section must be a representative of an incumbent local exchange carrier that provides service to persons in that city. As used in this subsection, “incumbent local exchange carrier” has the meaning ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on October 1, 1999, and includes a local exchange carrier that is treated as an incumbent local exchange carrier pursuant to that section.

      2.  Create a special revenue fund of the city for the deposit of the money collected pursuant to NRS 266.344. The money in the fund must be used only to enhance the telephone system for reporting an emergency so that the number and address from which a call received by the system is made may be determined, including only:

      (a) Paying recurring and nonrecurring charges for telecommunication services necessary for the operation of the enhanced telephone system;

      (b) Paying costs for the personnel and training associated with the routine maintenance and updating of the database for the enhanced telephone system;

      (c) Purchasing, leasing or renting the equipment and software necessary to operate the enhanced telephone system; and

      (d) Paying costs associated with any maintenance, upgrade and replacement of equipment and software necessary for the operation of the enhanced telephone system.

      3.  If the balance in a fund created pursuant to subsection 2 that has not been committed for expenditure exceeds $500,000 at the end of any fiscal year, reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $500,000.

      (Added to NRS by 2005, 496)

      NRS 266.348  Recovering cost of collection.  A telephone company that collects the surcharge imposed pursuant to NRS 266.344 is entitled to retain an amount of the surcharge collected which is equal to the cost of collecting the surcharge.

      (Added to NRS by 2005, 496)

LICENSING AND REGULATION OF PROFESSIONS, TRADES AND BUSINESSES

      NRS 266.355  Power of city council to regulate and license.

      1.  Except as otherwise provided in subsections 3, 4 and 5, the city council may:

      (a) Except as otherwise provided in NRS 268.0881 to 268.0888, inclusive, 598D.150 and 640C.100, regulate all businesses, trades and professions.

      (b) Except as otherwise provided in NRS 576.128, fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

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

      3.  The city council may license insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.

      4.  A city council shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

      5.  The city council shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, “professional” means a person who:

      (a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060, or who is regulated pursuant to the Nevada Supreme Court Rules; and

      (b) Practices his or her profession for any type of compensation as an employee.

      [Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1961, 47; 1963, 402; 1971, 307, 1958; 1997, 3168; 2003, 2895; 2005, 731, 1136, 2337)

      NRS 266.358  Payment of child support: Statement by applicant for license, permit or certificate; grounds for denial of license, permit or certificate; duty of city council. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If a city council requires a person to obtain a license, permit or certificate to practice a profession or occupation pursuant to NRS 266.355 or 268.0887, an applicant for the issuance or renewal of such a license, certificate or permit shall submit to the city council the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The city council shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license, certificate or permit; or

      (b) A separate form prescribed by the city council.

      3.  A license, certificate or permit may not be issued or renewed by the city council pursuant to NRS 266.355 or 268.0887 if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the city council shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2043; A 2005, 2338)

      NRS 266.362  Suspension of license, certificate or permit for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license, certificate or permit. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If a city council receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license, certificate or permit to practice a profession or occupation issued by the city council pursuant to NRS 266.355 or 268.0887, the city council shall deem the license, certificate or permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the city council receives a letter issued to the holder of the license, certificate or permit by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license, certificate or permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  A city council shall reinstate a license, certificate or permit to practice a profession or occupation issued by the city council pursuant to NRS 266.355 or 268.0887 that has been suspended by a district court pursuant to NRS 425.540 if the city council receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license, certificate or permit was suspended stating that the person whose license, certificate or permit was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2043; A 2005, 2338)

      NRS 266.368  Application for license, permit or certificate must include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]  An application for the issuance of a license, permit or certificate to practice a profession or occupation pursuant to NRS 266.355 or 268.0887 must include the social security number of the applicant.

      (Added to NRS by 1997, 2044; A 2005, 2339)

SALES AND LEASES OF CITY-OWNED ELECTRIC LIGHT AND POWER SYSTEMS

      NRS 266.386  Resolution proposing sale or lease of system; election required.

      1.  Proceedings to sell or lease a city-owned electric light and power system may be instituted by the adoption of a resolution by the city council proposing to sell or lease the electric light and power system.

      2.  The resolution adopted pursuant to the provisions of subsection 1 must require that the question of the sale or lease of the electric light and power system be submitted to the voters of the city at a special election or the next primary or general municipal election or primary or general state election.

      (Added to NRS by 1969, 862; A 1993, 1040)

      NRS 266.3861  Appointment of appraisers.  Upon the adoption of a resolution pursuant to NRS 266.386, the district court of the county shall appoint a qualified firm of licensed engineers to make a true and correct appraisement of the fair market value of the electric light and power system.

      (Added to NRS by 1969, 862)

      NRS 266.3862  Negotiation with qualified lessees.  If the resolution adopted proposes to lease the electric light and power system, the city council shall, after the return of the appraisement, negotiate with one or more qualified lessees. If such negotiations are successful, the city council shall submit the proposed lease for acceptance or rejection at the election. In any lease, the council shall require a bond for faithful performance by the lessee.

      (Added to NRS by 1969, 862)

      NRS 266.3863  Measure and explanation to be drafted by city attorney.  When proceedings are instituted to sell or lease a city-owned electric light and power system, the city attorney shall draft the measure and an explanation thereof for submission to the registered voters.

      (Added to NRS by 1969, 862)

      NRS 266.3864  Registration of voters for special election; notice; office hours of county clerk.

      1.  If the question of the sale or lease of the city-owned electric light and power system is submitted at a city or state primary or general election, no notice of registration of electors is required other than that required by the general election laws for such election. If the question is submitted at a special election, the county 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 a week apart, the first publication to be not more than 60 days nor less than 45 days next preceding the election, in a newspaper published within the county and having a general circulation in the city, a notice signed by the county clerk to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.

      2.  Except as provided in this subsection, the office of the county clerk shall be open for such a special election from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector. During the 5 days preceding the close of registration before such a special election, the office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sunday and any legal holidays excepted.

      3.  The office of the county clerk shall be opened for registration of voters for such special election from and including the 20th day next preceding such election and up to but excluding the 10th day next preceding such election and during regular office hours.

      (Added to NRS by 1969, 862)

      NRS 266.3865  Notice of special election: Publication; contents.

      1.  If the resolution adopted pursuant to NRS 266.386 calls a special election, the city clerk shall cause a notice of the election to be published in a newspaper printed in the county and having a general circulation in the city at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.

      2.  The notice of the special election must contain:

      (a) The time 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 provided for general elections.

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

      (Added to NRS by 1969, 863; A 1993, 1040)

      NRS 266.3866  Powers and duties of county clerk at special election; costs of special election.

      1.  The county clerk may consolidate or otherwise modify voting precincts, shall designate the polling places, shall appoint officers of the election for each precinct in such number as the county clerk may determine, and shall fix their duties and compensation.

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

      3.  The costs of any special election shall be paid by the city.

      (Added to NRS by 1969, 863)

      NRS 266.3867  Sale of system: Advertisement; sealed bids.  If the resolution adopted proposes to sell the electric light and power system, and a majority of the ballots cast favors such sale, the city council shall advertise the sale of such electric light and power system by notice published at least once a week for 5 consecutive weeks by five weekly insertions a week apart in a newspaper published within the county and having a general circulation in the city. The notice shall require sealed bids, to be accompanied by a certified check for at least 5 percent of the sum bid for the purchase, to be deposited with the city clerk on or before the date stated in the notice. No bids shall be accepted by the city council for a sum less than the amount of the appraisement of the electric light and power system. The council may reject any and all bids.

      (Added to NRS by 1969, 863)

OFFICERS GENERALLY

      NRS 266.390  Officers and offices: General powers of council.  The city council may:

      1.  Create any office that may be deemed necessary for the city.

      2.  Provide for filling all vacancies in elective and appointive offices.

      3.  Regulate and prescribe the powers, duties and compensation of all officers of the city, except as otherwise provided by law.

      4.  Require all officers or employees of the city responsible for the handling of city money to give bond and security, to be paid by the city from its money, for the faithful performance of their duties.

      5.  Require from every officer of the city at any time a report in detail of all transactions in his or her office, or any matters connected therewith.

      [Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 308; 2001, 630)

      NRS 266.395  Appointment of officers by mayor.  The mayor, with the advice and consent of the city council, shall appoint all such officers as may be provided for by law or ordinance.

      [37:125:1907; RL § 803; NCL § 1138]—(NRS A 1971, 308; 2001, 630)

      NRS 266.400  Eligibility for office; power of city council to adopt requirements concerning residency.

      1.  The city council, by ordinance, may require, as a qualification for an appointive office of the city, other than city attorney, and for appointment as a deputy pursuant to NRS 266.455, that the person appointed reside actually, and not constructively, within:

      (a) The limits of the city; or

      (b) The county in which the city is located.

      2.  A person who is a defaulter to the city is ineligible to hold any city office.

      [44:125:1907; RL § 810; NCL § 1145]—(NRS A 1991, 13; 1997, 273)

      NRS 266.405  Election or appointment of certain city officers; consolidation of offices of city clerk and city treasurer.

      1.  In addition to the mayor and city council, there must be in each city of population category one or two a city clerk, a city treasurer, or if those offices are combined pursuant to subsection 4, a city clerk and treasurer, a municipal judge and a city attorney. The offices of city clerk, city treasurer, municipal judge and city attorney may be either elective or appointive offices, as provided by city ordinance. Except as otherwise provided in this subsection and unless the terms of those elected officers are extended by an ordinance adopted pursuant to NRS 293C.115, the elected officers shall hold their respective offices for 4 years and until their successors are elected and qualified. The cities of population category three may by ordinance provide that the mayor and city council members must be elected and shall hold office for 2 years unless the terms of office of the mayor and city council members are extended by an ordinance adopted pursuant to NRS 293C.115.

      2.  In each city of population category one or two, in which the officers are appointed pursuant to ordinance, the mayor, with the advice and consent of the city council, shall appoint all of the officers.

      3.  In cities of population category three, the mayor, with the advice and consent of the city council, may appoint any officers as may be deemed expedient.

      4.  The city council may provide by ordinance for the office of city clerk and the office of city treasurer to be combined into the office of city clerk and treasurer.

      [36:125:1907; A 1911, 374; 1915, 66; 1923, 186; 1951, 53]—(NRS A 1983, 902; 1985, 672, 1173; 1989, 1164; 2001, 630; 2003, 679)

      NRS 266.410  Officers of cities of population categories one and two to hold only one office; exception.  Except as otherwise provided in subsection 4 of NRS 266.405 for the clerk and treasurer, in cities of population categories one and two, a mayor, council member, clerk, auditor, attorney or treasurer shall not hold any other office under the city government during his or her term of office.

      [47:125:1907; RL § 813; NCL § 1148]—(NRS A 1985, 1173; 1989, 1164; 2001, 631)

      NRS 266.415  Appointed officers serve at pleasure of mayor and city council; removal by city council; veto by mayor.  Except as otherwise provided by specific law or ordinance, all appointed officers serve at the pleasure of the mayor and city council and may be removed by a majority vote of the city council. The mayor may exercise the right of veto as provided in NRS 266.200.

      [38:125:1907; A 1947, 273; 1943 NCL § 1139]—(NRS A 1987, 366; 2001, 631)

      NRS 266.420  Oath and bond.

      1.  Every officer of any city, whether elected or appointed, shall, before entering upon the duties of the office take and subscribe to the constitutional oath of office.

      2.  Every officer of any city who is responsible for the handling of city funds shall execute a bond payable to the city in such penal sum as may, by resolution or ordinance, be directed, conditioned for the faithful performance of the duties of the office, and the payment of all moneys received by such officer according to law and the ordinances of the city.

      [39:125:1907; RL § 805; NCL § 1140]—(NRS A 1971, 309; 1977, 411)

      NRS 266.425  Bonds filed with clerk; council may require additional bonds.

      1.  All bonds given by the officers of any city shall be filed with the city clerk.

      2.  The city council may at any time require further and additional bonds of all officers elected and appointed.

      [41:125:1907; RL § 807; NCL § 1142]—(NRS A 1971, 309)

      NRS 266.430  Nonfeasance, misfeasance or malfeasance; penalty.  In case the mayor or any municipal officer is adjudged guilty of nonfeasance, misfeasance or malfeasance by any court of competent jurisdiction he or she shall be fined in a sum not exceeding $1,000. The court in which such conviction shall be had shall enter an order removing such officer from office; and the officer shall not be eligible to any municipal office thereafter.

      [42:125:1907; RL § 808; NCL § 1143]—(NRS A 1971, 309)

      NRS 266.435  Delivery of property to successor; liability.  Every officer of the city shall, within 5 days after notification and request, deliver to his or her successor in office all properties, books and effects of every description in the officer’s possession belonging to the city or appertaining to the office; and upon the officer’s failure, refusal or neglect to do so the officer shall be liable for all damages caused thereby, and to such penalty as may be by ordinance prescribed.

      [43:125:1907; RL § 809; NCL § 1144]

      NRS 266.450  Compensation; restrictions on increase or decrease.  All elected officers of any city are entitled to receive such compensation as may be fixed by ordinance, but, except as otherwise provided in NRS 266.041, the compensation of any elected officers must not be increased or diminished to take effect during the term for which the officer was elected. All appointed officers are entitled to receive such compensation as may be fixed by ordinance.

      [48:125:1907; RL § 814; NCL § 1149]—(NRS A 2001, 631, 701; 2003, 14)

      NRS 266.455  Deputies: Appointment; powers; compensation.  The city officers, except the mayor, council members and municipal judge, may, after being first duly authorized by ordinance of the city council, appoint a deputy or deputies who have the same powers as their principals and whose compensation may be prescribed by the city council. The city council may authorize the appointment of a deputy on condition that no charge be made against the city for the deputy’s services.

      [49:125:1907; RL § 815; NCL § 1150]—(NRS A 1983, 903)

      NRS 266.460  Duties of officers may be defined by ordinance.  The duties, powers and privileges of all officers in any way connected with the city government, not defined in this chapter, shall be defined by the city council; and the defining by this chapter of the duties of city officers shall not preclude the city council from defining by ordinance further and additional duties to be performed by any such officer.

      [51:125:1907; RL § 817; NCL § 1152]

CITY ATTORNEY

      NRS 266.465  Qualifications.  No person is eligible to the office of city attorney unless he or she is an attorney in good standing admitted to practice law in all the courts of this State.

      [Part 54:125:1907; A 1947, 737; 1951, 389]—(NRS A 1991, 13)

      NRS 266.470  Duties.  The city attorney shall be the legal adviser of the city council and all officers of the city in all matters respecting the affairs of the city and shall perform such duties as may be required by the city council or prescribed by ordinance.

      [Part 54:125:1907; A 1947, 737; 1951, 389]—(NRS A 1971, 309; 2001, 631)

      NRS 266.475  Employment of counsel to assist city attorney.  The city council may, in the exercise of its sound discretion, employ counsel to aid the city attorney whenever, in its judgment, the public interests require such employment, and the expense thereof must be allowed and paid in the same manner as other claims against the city.

      [Part 54:125:1907; A 1947, 737; 1951, 389]—(NRS A 2001, 631)

CITY CLERK

      NRS 266.480  Duties.  The city clerk shall:

      1.  Keep the office of the city clerk at the place of meeting of the city council, or some other place convenient thereto, as the council may direct.

      2.  Keep the corporate seal and all papers and records of the city.

      3.  Keep a record of the proceedings of the city council, whose meetings the city clerk shall attend.

      4.  Countersign all contracts made in behalf of the city, and every such contract or contracts to which the city is a party shall be void unless signed by the city clerk.

      [18 1/2:125:1907; added 1921, 216; NCL § 1118] + [Part 52:125:1907; RL § 818; NCL § 1153] + [53:125:1907; RL § 819; NCL § 1154]—(NRS A 1971, 309; 2011, 3577)

CITY AUDITOR

      NRS 266.490  Duties.  The city auditor, in cities having an auditor, shall perform such duties as may be designated by ordinance.

      [55:125:1907; RL § 821; NCL § 1156]—(NRS A 1971, 310)

CITY TREASURER

      NRS 266.500  Duties.  The city treasurer shall perform such duties as may be designated by ordinance.

      [57:125:1907; RL § 823; NCL § 1158] + [58:125:1907; RL § 824; NCL § 1159]—(NRS A 1971, 311)

      NRS 266.505  Payment of warrants.  All warrants shall be paid out of their respective funds in the order in which they shall be issued.

      [59:125:1907; RL § 825; NCL § 1160]

      NRS 266.510  Receipt for payment.  The treasurer shall:

      1.  Give to every person paying money into the city treasury a receipt therefor, specifying the date of payment and upon what account paid.

      2.  File the duplicate of such receipt with the auditor or city clerk, as the city council may direct, at the date of the treasurer’s monthly report.

      [60:125:1907; RL § 826; NCL § 1161]

      NRS 266.515  Deposit of city’s money in bank, credit union or savings and loan association.

      1.  The treasurer, or the county treasurer when acting as ex officio city treasurer, shall keep all money belonging to the city separate from all other money held for any other purpose or fund and may, when one or more insured banks, credit unions or savings and loan associations are located in the city, deposit, with unanimous consent of his or her bondsmen, city money in such banks, credit unions or savings and loan associations in demand or time accounts. When no such banks, credit unions or savings and loan associations exist in the city, the treasurer or county treasurer may deposit, with the unanimous consent of his or her bondsmen, city money with any insured bank, credit union or savings and loan association in the State of Nevada in demand or time accounts.

      2.  The accounts must be kept in the name of the city in such manner as the governing board of the city may prescribe and under such terms and conditions for the protection of the money as the governing board may determine, not inconsistent with other laws of the State of Nevada regulating the deposit of public money.

      3.  The balances in banks, credit unions or savings and loan associations, as certified to by the proper officer thereof, and by the oath of the city treasurer, may be counted as cash.

      [6:125:1907; A 1933, 86; 1931 NCL § 1162]—(NRS A 1975, 1797; 1979, 1883; 1999, 1465)

      NRS 266.520  Treasurer’s report: Contents.  The treasurer shall report to the city council at such times as may be prescribed by ordinance, giving a full and detailed account of all receipts and expenditures since the treasurer’s last report, and of the state of the treasury. The treasurer shall also keep a register of all warrants redeemed and paid during the year, and describing such warrants, their date, amount, number, the fund from which paid, and the person to whom paid, specifying also the time of payment. All such warrants shall be examined by the city council at the time of receiving such report.

      [62:125:1907; RL § 828; NCL § 1163]

      NRS 266.525  Money from special assessment kept as special fund; restrictions on use.  All moneys received from any special assessment shall be held by the treasurer as a special fund, to be applied to payment for the improvement for which the assessment was made, and the money shall be used for no other purpose whatever.

      [63:125:1907; RL § 829; NCL § 1164]

CHIEF OF POLICE

      NRS 266.530  Appointment; duties.

      1.  Each city which is not participating in a metropolitan police department must have a chief of police. The mayor shall appoint the chief of police, subject to confirmation by the city council.

      2.  The chief of police shall perform such duties as may be designated by ordinance.

      [Part 73:125:1907; RL § 839; NCL § 1174]—(NRS A 1963, 8; 1971, 311; 1973, 926; 2001, 631)

MUNICIPAL COURT

      NRS 266.550  Powers and jurisdiction: Same as justice court; trial summary and without jury; fees.

      1.  The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice courts, wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of such city or of this chapter, of a police or municipal nature. The trial and proceedings in such cases must be summary and without a jury.

      2.  The powers of the municipal court include the power to charge and collect those fees authorized pursuant to NRS 5.073.

      [Part 66:125:1907; RL § 832; NCL § 1167]—(NRS A 1997, 115)

      NRS 266.555  Jurisdiction.

      1.  The municipal court has jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of this chapter of a police or municipal nature, and shall hear, try and determine cases in accordance with the provisions of those ordinances or of this chapter.

      2.  The municipal court has jurisdiction of offenses committed within the city, which violate the peace and good order of the city or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dogfights, cockfights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under ordinances of the city.

      3.  The municipal court has jurisdiction of:

      (a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $2,500.

      (b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $2,500.

      (c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from the municipal court, when the principal sum claimed does not exceed $2,500.

      (d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $2,500.

      (e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorneys’ fees, or both if allowed, does not exceed $2,500.

      4.  Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears from the pleadings that the validity of any tax, assessment or levy, or title to real property is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.

      [Part 66:125:1907; RL § 832; NCL § 1167] + [67:125:1907; RL § 833; NCL § 1168] + [68:125:1907; RL § 834; NCL § 1169]—(NRS A 1973, 199; 1979, 1726; 1981, 470; 1985, 1623; 1991, 466)

      NRS 266.565  Pleadings; practice.

      1.  The practice and proceedings in the municipal court shall conform, as nearly as practicable, to the practice and proceedings of justice courts in similar cases, except that an appeal perfected transfers the action to the district court for trial anew. The municipal court shall be treated and considered as a justice court whenever the proceedings thereof are called into question.

      2.  The papers and pleadings filed in the municipal court and process issuing therefrom shall be entitled “In the Municipal Court of the City of ................”

      3.  In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought.

      4.  All actions brought to recover any fine or to enforce any penalty under any ordinance of any city shall be brought in the corporate name of the city as plaintiff; and no prosecution, recovery or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same person for any other violation of any such ordinance, although the different causes of action existed at the same time, and if united would not have exceeded the jurisdiction of a justice court.

      [30:125:1907; RL § 796; NCL § 1131] + [Part 32:125:1907; RL § 798; NCL § 1133] + [Part 66:125:1907; RL § 832; NCL § 1167] + [Part 64:125:1907; RL § 830; NCL § 1165] + [Part 69:125:1907; A 1923, 279; NCL § 1170]—(NRS A 1979, 1512)

      NRS 266.570  Contempt.  A municipal judge may punish for contempt for the same acts or omissions, in the same manner and with the same effects as is provided for judges in chapter 22 of NRS.

      [Part 69:125:1907; A 1923, 279; NCL § 1170]—(NRS A 1975, 510; 1983, 903)

      NRS 266.585  Reports and payments by municipal judge.  The municipal judge shall render monthly, or as often as the city council may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as fines imposed but uncollected, since the municipal judge’s last report, and shall at the same time render and pay into the city treasury all fines collected and money received on behalf of the city since the last report.

      [Part 69:125:1907; A 1923, 279; NCL § 1170]—(NRS A 1983, 903; 2001, 631)

      NRS 266.590  Fines and penalties: Commitment; recovery by execution; chain gang.

      1.  Any person upon whom any fine or penalty shall be imposed may, upon the order of the court before whom the conviction is had, be committed to the county jail or the city jail, or to such other place as may be provided by the city for the incarceration of offenders, until such fine or penalty shall be fully paid.

      2.  The city council shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as the person’s strength will permit, not exceeding 8 hours each working day; and for such work the person so employed shall be allowed $4 for each day’s work on account of such fine. The council may provide for the formation of a chain gang for persons convicted of offenses in violation of the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.

      3.  Fines imposed by the municipal court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of the city at the rate of 1 day for every $4 of such fine, or the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of the city, at the rate of $4 for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.

      [Part 32:125:1907; RL § 798; NCL § 1133] + [33:125:1907; RL § 799; NCL § 1134] + [Part 66:125:1907; RL § 832; NCL § 1167]—(NRS A 1967, 1471)

      NRS 266.595  Appeals.  Appeals to the district court may be taken from any final judgment of the municipal court in accordance with the provisions of NRS 5.073.

      [71:125:1907; RL § 837; NCL § 1172]—(NRS A 1991, 467)

FINANCES, REVENUE AND TAXATION

      NRS 266.600  General powers of city council.  The city council may:

      1.  Control the finances of the corporation.

      2.  Appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation.

      3.  Levy and collect taxes within the city for general and special purposes on real and personal property, as provided by law.

      4.  Borrow money on the credit of the city for corporate purposes, in the manner and to the extent allowed by the constitution and the laws, and issue general obligations therefor, but no city may issue or have outstanding at any time bonds in an amount in excess of 30 percent of the total assessed valuation of the taxable property within such city as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 20 percent of the assessed valuation. This subsection does not restrict the power of cities as to taxation, assessment, borrowing money, contracting debts or loaning their credit for procuring supplies of water.

      5.  Secure additionally the payment of any general obligation securities by a pledge of any revenues, other than tax proceeds, legally available therefor.

      6.  Divide the city into districts for the purpose of local taxation, or create districts for that purpose, as occasion may require.

      7.  Except as otherwise provided in NRS 576.128 and subsections 4 and 5 of NRS 266.355, raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and regulate it by ordinance. All such license fees and taxes must be uniform with respect to the class upon which they are imposed.

      8.  Fix the amount of licenses and the terms and manner of their issuance.

      [Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1967, 55; 1969, 1580; 1981, 953; 1997, 3168; 2005, 731)

      NRS 266.605  Levy and collection of taxes.

      1.  The city council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 3 percent upon the assessed value of all real estate and personal property within the city made taxable by law, and the tax so levied must be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of this State for collection of state and county taxes. The revenue laws of this State shall, in every respect not inconsistent with the provisions of this chapter, be deemed applicable to the levying, assessing and collecting of the city taxes. In the matter of the equalization of assessments, the rights of the city and the rights of the inhabitants of the city must be protected in the same manner and to the same extent by the action of the county board of equalization as are the State and county.

      2.  Whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing and collecting the state and county revenues must, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenue of the city.

      3.  The city council shall enact all such ordinances as it may deem necessary and not inconsistent with this chapter and the laws of this State, for the prompt, convenient and economical collecting of the city revenue.

      [75:125:1907; RL § 841; NCL § 1176]—(NRS A 2001, 632)

      NRS 266.610  Apportionment of money from road fund by county commissioners.  The several boards of county commissioners in this state shall, from time to time, upon request of the city council, apportion to each incorporated city within the respective counties such proportion of the general road fund of the county as the value of the whole property within the corporate limits of such city, as shown by the assessment roll, shall bear to the whole property of the county, inclusive of the property within incorporated cities, and all such moneys so apportioned shall be expended upon the streets, alleys and public highways of such city under the direction and control of the council.

      [76:125:1907; RL § 842; NCL § 1177]

      NRS 266.615  Ordinances to carry out revenue laws.  The city council has full power to pass and enact all ordinances necessary or required to carry into effect the revenue laws in the city and to enlarge, fix and determine the powers and duties of all officers in relation thereto.

      [77:125:1907; RL § 843; NCL § 1178]—(NRS A 2001, 632)

      NRS 266.620  Payment of fines, forfeitures and other money into city treasury.  All fines and forfeitures for the violation of ordinances and all money collected for licenses or otherwise shall be paid into the treasury of the city at such times and in such manner as may be prescribed by ordinance.

      [31:125:1907; RL § 797; NCL § 1132]

PUBLIC IMPROVEMENTS AND REPAIRS

      NRS 266.660  Costs of municipal capital improvements to be paid from proper fund, including proceeds from bonds.  The cost and expense of buildings and land for the use of the city shall be paid for from the proper fund of the city, including without limitation proceeds of bonds authorized by law.

      [80:125:1907; RL § 846; NCL § 1181]—(NRS A 1965, 737; 1969, 1581; 1971, 311)

DISINCORPORATION

      NRS 266.775  Petition for disincorporation; publication of notice by district court; question to be submitted to voters at next city election; determination of registered voters.

      1.  Whenever one-fourth of the registered voters of any city now existing or hereafter created by general law petition the district court in and for the county in which the corporation is situated for the disincorporation of the city, the district court shall cause to be published, for at least 30 days, a notice stating that the question of disincorporating the corporation will be submitted to the registered voters of the corporation at the next city election. The form of the ballot must be “For Disincorporation” or “Against Disincorporation.”

      2.  The registered voters provided for in this section must be determined from the registration lists as taken from the office of the county clerk for all precincts in the city at the last general election held in the county.

      [105:125:1907; A 1915, 35; 1949, 287; 1943 NCL § 1207]—(NRS A 1973, 12; 1987, 366; 1993, 1040)

      NRS 266.780  Judgment of disincorporation.  The vote must be taken and canvassed in the same manner as in other city elections, and return thereof made to the district court. If the court finds that a majority of the legal votes are cast “For Disincorporation,” a judgment must be entered disincorporating the corporation, and upon the entry of the judgment, its corporate powers cease.

      [106:125:1907; A 1956, 23]—(NRS A 1987, 366)

      NRS 266.785  Creation of unincorporated town on disincorporation: Procedure.

      1.  If there is, at the time of the entry of the judgment disincorporating a city, a voting population of 600 or more therein, then all of the provisions of chapter 269 of NRS shall immediately apply thereto.

      2.  If there is, at the time of the entry of the judgment disincorporating a city, a voting population of less than 600 therein, and if within 30 days after the entry of the judgment a written petition is not filed in the clerk’s office of the county in which the disincorporated city is situated praying for the application of the provisions of chapter 269 of NRS, then the board of county commissioners of the county wherein such disincorporated city is situated shall immediately proceed to wind up the affairs of the disincorporated city and shall perform all necessary acts as required by the provisions of NRS 265.010 to 265.100, inclusive, as if the disincorporated city had been disincorporated under the provisions of NRS 265.010 to 265.100, inclusive.

      [107:125:1907; A 1956, 23]

      NRS 266.790  Procedure for completion of unfinished business of court.

      1.  If, at the time of the entry of the judgment disincorporating a city, the provisions of chapter 269 of NRS apply immediately to such disincorporated city, then any justice of the peace within the town, as provided in NRS 269.165, shall have jurisdiction to execute and complete all unfinished business standing on the court records of the disincorporated city.

      2.  If, at the time of the entry of the judgment disincorporating a city which has a voting population of less than 600 therein, no written petition is filed as provided in subsection 2 of NRS 266.785, then the provisions of NRS 265.060 shall thereafter apply.

      [108:125:1907; A 1956, 23]

      NRS 266.795  Judgment disincorporating city: Duties of clerk of district court; delivery of copies; notice of entry; limitation of actions.

      1.  Immediately following the entry of the judgment disincorporating a city, the clerk of the district court shall:

      (a) Transmit certified copies of the judgment to the Secretary of State and to the county recorder of the county wherein the disincorporated city is situated.

      (b) Cause a notice thereof to be published once a week for 4 consecutive weeks in a newspaper published in the county, but if no newspaper is published therein, then the clerk shall give such notice as the district court may prescribe.

      2.  The notice must contain:

      (a) A statement of the fact of disincorporation.

      (b) A statement of the provisions of subsection 3.

      (c) Such other statements as the district court may require.

      3.  All claims against the disincorporated city must be filed with the clerk of the board of county commissioners within 3 months from the date of the entry of the judgment disincorporating the city, and all claims not so filed are forever barred.

      [109:125:1907; A 1956, 23]—(NRS A 1985, 261)