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ê1967 Statutes of Nevada, Page 201ê

 

CHAPTER 123, AB 97

Assembly Bill No. 97–Mr. Ashworth

CHAPTER 123

AN ACT to amend NRS 581.103, relating to the regulation of repairmen of weighing and measuring devices, by requiring annual registration and providing for the suspension and cancellation of registration; providing a penalty; and providing other matters properly relating thereto.

 

[Approved March 15, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 581.103 is hereby amended to read as follows:

      581.103  1.  [No person may, for hire, make any repair or adjustment to a weighing or measuring instrument without first having registered with the state sealer of weights and measures his name and address, and the name and address of his employer, if any.

      2.  No person may make any repair or adjustment to a commercially used weighing or measuring device, or sell or install any weighing or measuring device, without notifying the state sealer of weights and measures in writing within 48 hours of such repair, adjustment, sale or installation.

      3.  Any violation of this section shall be punished as provided in NRS 581.450.] Any person who desires to make any repair or adjustment, for hire, to a weighing or measuring instrument shall register his name and address with the state sealer of weights and measures. Such registration is effective for the calendar year, and may be renewed upon application on or before January 15 of any succeeding year. Any person who, for hire, makes such a repair or adjustment without being currently so registered shall be punished as provided in NRS 581.450.

      2.  Any person who makes any repair or adjustment to a commercially used weighing or measuring device or sells or installs any such device shall within 48 hours notify the state sealer of weights and measures, in writing, of such repair, adjustment, sale or installation. If such person fails to give such notification, the state sealer of weights and measures may suspend the registration of such person for a period of not more than 10 days and may, after a hearing, revoke such registration.

      3.  Any person required to register pursuant to subsection 1 who employs any other person to make any repair or adjustment to a weighing or measuring instrument is responsible for the registration of such employee in the manner required by subsection 1.

      4.  The provisions of this section shall not apply to a public utility subject to the jurisdiction of the public service commission of Nevada.

      Sec. 2.  This act shall become effective upon passage and approval.

 

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ê1967 Statutes of Nevada, Page 202ê

 

CHAPTER 124, AB 61

Assembly Bill No. 61–Mr. Frank Young

CHAPTER 124

AN ACT relating to purchasing by the University of Nevada; exempting the University of Nevada and the desert research institute of the University of Nevada from the mandatory coverage of the State Purchasing Act except for the acquisition of certain items; permitting voluntary participation by the university and the institute; and providing other matters properly relating thereto.

 

[Approved March 16, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 333.020 is hereby amended to read as follows:

      333.020  The following words shall have the following meaning within the purview of this chapter, and shall be so construed:

      1.  “Chief” means the chief of the purchasing division of the department of administration.

      2.  “Director” means the director of the department of administration.

      3.  “Purchasing division” means the purchasing division of the department of administration.

      4.  “Using agencies” means any and all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public funds in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government or any branch, bureau or agency thereof, or funds derived from private or other sources, excepting counties, municipalities, irrigation districts, and school districts. The University of Nevada and the desert research institute of the University of Nevada are not “using agencies” except as provided in section 4 of this act.

      5.  “Volunteer fire department” means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.

      Sec. 2.  NRS 333.310 is hereby amended to read as follows:

      333.310  1.  The advertisements shall contain general descriptions of the classes of commodities for which bids are wanted and shall state:

      (a) The names and locations of the departments or institutions for which the purchases are to be made.

      (b) Where and how specifications and quotation forms may be obtained.

      (c) The date and time not later than which bids must be filed.

      (d) The date and time when bids will be opened.

The chief or his designated agent shall pass upon the copy for the advertisement.

      2.  Each such advertisement shall be published in one or more newspapers of general circulation in the state. The selection of the newspapers to carry such advertising shall be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation; except that whenever such advertising relates to any supplies, materials or equipment to be obtained at the request of any county, municipality, irrigation district, [or] school district, the University of Nevada or the desert research institute of the University of Nevada, such advertising shall be published in the manner provided in NRS 333.470.

 


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ê1967 Statutes of Nevada, Page 203 (Chapter 124, AB 61)ê

 

district, the University of Nevada or the desert research institute of the University of Nevada, such advertising shall be published in the manner provided in NRS 333.470.

      Sec. 3.  NRS 333.470 is hereby amended to read as follows:

      333.470  1.  [Counties,] The University of Nevada, the desert research institute of the University of Nevada, and counties, municipalities, irrigation districts and school districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the purchasing division.

      2.  The chief shall issue bulletins from time to time to all state, county and municipal agencies, [and] to all school districts in the State of Nevada, to the University of Nevada and to the desert research institute of the University of Nevada, indicating the supplies, materials and equipment available and the prices thereof.

      3.  The specifications for all bids for supplies, materials or equipment to be furnished any political subdivision pursuant to the provisions of subsection 1 shall be so written that all suppliers of the market in the industry or business concerned are given an opportunity to bid pursuant to notice as provided for in this chapter.

      4.  Prior to receiving any bid or awarding any contract or order pursuant to the provisions of this section, the purchasing division shall publish a call for bids in a newspaper of general circulation in the political subdivision or district proposing to obtain such supplies, materials or equipment not less than 15 days prior to the date fixed for submission of bids.

      Sec. 4.  Chapter 333 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The University of Nevada and the desert research institute of the University of Nevada shall utilize the facilities of the purchasing division to obtain:

      1.  All items procured by the purchasing division by open-end contracts, including without limitation motor vehicles, petroleum products, tires, tubes, batteries and selected office furniture; and

      2.  Purchasing division warehouse items catalogued and in stock.

      Sec. 5.  This act shall become effective upon passage and approval.

 

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CHAPTER 125, AB 250

Assembly Bill No. 250–Mr. Jacobsen

CHAPTER 125

AN ACT making an appropriation from the general fund in the state treasury to the state planning board for the purpose of acquiring certain real property adjacent to the governor’s mansion in Carson City, Nevada; and providing other matters properly relating thereto.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury to the state planning board the sum of $20,750 for the purpose of acquiring by purchase, condemnation or otherwise certain real property, consisting of approximately 5,920 square feet, lying adjacent to the governor’s mansion in Carson City, Nevada.

 


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ê1967 Statutes of Nevada, Page 204 (Chapter 125, AB 250)ê

 

real property, consisting of approximately 5,920 square feet, lying adjacent to the governor’s mansion in Carson City, Nevada.

      Sec. 2.  After acquisition of the real property described in section 1, the state planning board is directed to demolish existing improvements thereon and include the area in landscaping plans for the governor’s mansion.

      Sec. 3.  This act shall become effective upon passage and approval.

 

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CHAPTER 126, AB 40

Assembly Bill No. 40–Mr. White

CHAPTER 126

AN ACT to amend NRS 209.196 and 209.475, relating to prison honor camps, by specifying expenses to be excluded from the honor camp fund and by defining facilities to be known as honor camps.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 209.196 is hereby amended to read as follows:

      209.196  1.  There is hereby created in the state treasury the honor camp fund.

      2.  Any moneys received from the operation of any honor camp established pursuant to the provisions of this chapter, to the extent that such moneys are not used for [the operation] salaries, overhead or operating expenses of any such camp, shall be placed in the honor camp fund.

      3.  The honor camp fund shall be a continuing fund, and no moneys in such fund shall be transferred to the general fund in the state treasury.

      4.  The state forester firewarden, as executive head of the division of forestry of the state department of conservation and natural resources, may:

      (a) Expend the moneys in the honor camp fund for the renovation, repair or improvement of buildings and other facilities for any honor camp.

      (b) Direct all activities in connection with any such renovation, repair or improvement of buildings and other facilities for any honor camp.

      Sec. 2.  NRS 209.475 is hereby amended to read as follows:

      209.475  1.  The warden may assign prisoners for work on state parks, reforestation of state and federal lands, fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, flood relief, and any other project relating to state conservation rehabilitation work where no funds for the development of natural resources are available.

      2.  To accomplish the objectives of subsection 1, the board of prison commissioners may authorize the warden to lease or rent real property and establish thereon stationary or mobile camps to be known as honor camps and to be used by prison inmates employed on such projects, and to purchase or otherwise acquire necessary equipment, machinery, tools, supplies, materials and other personal property.

 


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ê1967 Statutes of Nevada, Page 205 (Chapter 126, AB 40)ê

 

camps and to be used by prison inmates employed on such projects, and to purchase or otherwise acquire necessary equipment, machinery, tools, supplies, materials and other personal property.

 

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CHAPTER 127, SB 10

Senate Bill No. 10–Senator Farr

CHAPTER 127

AN ACT to amend NRS 636.280, relating to optometrists’ license fees, by increasing the amount of the license issuance fee and the amount of the maximum fee for the renewal of a license.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 636.280 is hereby amended to read as follows:

      636.280  The amount of fees under this chapter shall be:

 

Examination fee........................................................................      $50

Reexamination fee....................................................................        25

Reciprocity application fee......................................................      100

License issuance fee............................................................ [10]      20

Annual license renewal fee: Not less than $10, and not more than [$25,] $50, as the board shall determine annually.

Duplicate license fee.................................................................        10

Duplicate renewal card issuance fee......................................           2

 

      Sec. 2.  This act shall become effective on March 1, 1967.

 

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CHAPTER 128, SB 203

Senate Bill No. 203–Senator Young

CHAPTER 128

AN ACT relating to the judicial supervision of trusts; to provide for the transfer of supervision over trusts to other judicial districts within the state.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 164 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Upon motion by any person appointed by the court or otherwise as trustee, with the concurrence of the beneficiary or beneficiaries, a district court having jurisdiction of a trust may transfer supervision of the trust to any judicial district within the state when the convenience of beneficiaries, trustees, attorneys or other interested persons makes such a transfer desirable.

 


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ê1967 Statutes of Nevada, Page 206 (Chapter 128, SB 203)ê

 

to any judicial district within the state when the convenience of beneficiaries, trustees, attorneys or other interested persons makes such a transfer desirable.

      Sec. 2.  This act shall become effective upon passage and approval.

 

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CHAPTER 129, SB 100

Senate Bill No. 100–Senators Gibson and Pozzi

CHAPTER 129

AN ACT relating to the payment of compensation for silicosis; to amend chapter 617 of NRS, relating to occupational diseases, by adding a new section providing supplemental compensation for persons suffering from silicosis and certain dependents who have received the maximum sum payable under NRS 617.460, 617.465 and 617.466; to amend NRS 617.460 and 617.466, relating to the payment of compensation to persons suffering from silicosis, by making technical amendments to conform with added supplemental compensation; to amend an act entitled “An Act to amend chapter 443 of NRS, relating to tuberculosis, by adding new sections establishing a special silicosis program to be administered by the state department of health; establishing standards of eligibility; creating a fund; and providing for benefits; to repeal NRS section 617.480, relating to special silicosis cases; appropriating moneys; and providing other matters properly relating thereto,” approved April 6, 1961, as amended; and providing other matters properly relating thereto.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 617.460 is hereby amended to read as follows:

      617.460  1.  Silicosis shall be considered an occupational disease and shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment.

      2.  Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the commission within 1 year after total disability or within 6 months after death.

      3.  Nothing in this chapter shall entitle an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.

      4.  No compensation shall be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 4 years in employment in Nevada, some portion of which shall have been after July 1, 1947.

      5.  Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS, and only in the event of such disability or death resulting within 2 years after the last injurious exposure; provided, that:

 


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ê1967 Statutes of Nevada, Page 207 (Chapter 129, SB 100)ê

 

      (a) In the event of death following continuous total disability commencing within 2 years after the last injurious exposure, the requirement of death within 2 years after the last injurious exposure shall not apply.

      (b) Except as provided in NRS 617.465 [and 617.466,] , 617.466 and section 3 of this act, the maximum sum payable, including compensation, medical, nursing and hospital benefits for death or disability due to silicosis shall not exceed $14,250. Compensation shall be payable in sums provided by chapter 616 of NRS. The sum payable to a claimant may be used for any or all of the following items: Compensation, hospital, medical or nursing benefits; except that the amount payable for hospital, medical or nursing benefits shall not exceed $50 per month. The commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment notwithstanding the provisions of NRS 616.620. Payment of benefits and compensation shall be limited to the claimant and his dependents.

      Sec. 2.  NRS 617.466 is hereby amended to read as follows:

      617.466  1.  Any claimant or his dependents who have received the maximum sums payable pursuant to NRS 617.460 and 617.465 prior to April 13, 1965, or who will receive such maximum sum payable after April 13, 1965, and prior to July 1, 1967, shall be entitled to receive supplemental compensation in an amount not to exceed $3,000 during the period between April 13, 1965, and July 1, 1967.

      2.  Such supplemental compensation shall be payable to a claimant or his dependents in sums provided by chapter 616 of NRS.

      3.  In paying the supplemental compensation authorized by this section, the commission may, in addition to any moneys required from the occupational diseases fund and the medical benefits fund, expend:

      (a) All moneys which represent the total remainder of amounts of maximum sums payable under paragraph (b) of subsection 5 of NRS 617.460 and NRS 617.465 which were not paid between July 1, 1961, and April 13, 1965, because the claimants thereof died or their dependents became disqualified to receive further benefits prior to receipt of the maximum sums payable; and

      (b) All moneys which represent the total remainder of amounts of supplemental compensation payable under this section which were not paid between April 13, 1965, and July 1, 1967, because the claimants thereof died or their dependents became disqualified to receive further supplemental benefits prior to receipt of the maximum supplemental compensation authorized by this section.

      [4.  No supplemental compensation shall be paid after July 1, 1967.]

      Sec. 3.  Chapter 617 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any claimant or his dependents who have received the maximum sums payable pursuant to NRS 617.460, 617.465 and 617.466 prior to January 1, 1967, or who will receive such maximum sum payable after January 1, 1967, and prior to July 1, 1969, shall be entitled to receive supplemental compensation in an amount not to exceed $5,768 during the period between January 1, 1967, and July 1, 1969.

      2.  Such supplemental compensation shall be payable to a claimant or his dependents in sums provided by chapter 616 of NRS.

 


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ê1967 Statutes of Nevada, Page 208 (Chapter 129, SB 100)ê

 

      3.  In paying the supplemental compensation authorized by this section, the commission may, in addition to any moneys required from the occupational diseases fund and the medical benefits fund, expend:

      (a) All moneys which represent the total remainder of amounts of maximum sums payable under paragraph (b) of subsection 5 of NRS 617.460, 617.465 and 617.466 which were not paid between January 1, 1967, and July 1, 1969, because the claimants thereof died or their dependents became disqualified to receive further benefits prior to receipt of the maximum sums payable; and

      (b) All moneys which represent the total remainder of amounts of supplemental compensation payable under this section which were not paid between January 1, 1967, and July 1, 1969, because the claimants thereof died or their dependents became disqualified to receive further supplemental benefits prior to receipt of the maximum supplemental compensation authorized by this section.

      4.  No supplemental compensation shall be paid after July 1, 1969.

      Sec. 4.  Section 7 of chapter 311, Statutes of Nevada 1961, as last amended by chapter 513, Statutes of Nevada 1965, at page 1438, is hereby amended to read as follows:

      Section 7.  There is hereby appropriated from the general fund in the state treasury to the special silicosis fund, for the purposes of carrying out the provisions of this act from the effective date of this act until July 1, [1967,] 1969, the sum of $348,000.

      Sec. 5.  This act shall become effective upon passage and approval.

 

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CHAPTER 130, SB 75

Senate Bill No. 75–Senators Fisher and Titlow

CHAPTER 130

AN ACT to amend chapter 442 of NRS, relating to maternal and child care, by adding a new section requiring that a test for phenylketonuria be given to newborn children; and providing an exception.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 442 is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any physician, surgeon, obstetrician, midwife, nurse, maternity home or hospital of any nature attendant on or assisting in any way whatever any infant, or the mother of any infant, at childbirth shall make or cause to be made an examination of such infant, including a standard test, to the extent necessary for the discovery of phenylketonuria.

      2.  If the examination and test reveal the existence of such a condition in an infant, the physician, surgeon, obstetrician, midwife, nurse, maternity home or hospital attendant on or assisting at the birth of such infant shall immediately:

      (a) Report such condition to the local health officer of the county or city within which the infant or the mother of the infant resides, and the local health officer of the county or city in which the child is born; and

 

 


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ê1967 Statutes of Nevada, Page 209 (Chapter 130, SB 75)ê

 

city within which the infant or the mother of the infant resides, and the local health officer of the county or city in which the child is born; and

      (b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform such person or persons of the treatment necessary for the cure of the condition.

      3.  An infant shall be exempt from examination if either parent files with the person or institution responsible for making such examination a written statement objecting to the examination.

 

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CHAPTER 131, AB 35

Assembly Bill No. 35–Committee on Elections

CHAPTER 131

AN ACT relating to the recall of public officers; to repeal provisions of the charters of the cities of Elko, Gabbs and North Las Vegas invalid under the constitution of this state; and providing other matters properly relating thereto.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 12 of chapter II of the charter of the City of Elko, being chapter 417, Statutes of Nevada 1965, at page 1100, is hereby repealed.

      Sec. 2.  Section 16 of the charter of the City of Gabbs, being chapter 381, Statutes of Nevada 1955, at page 668, is hereby repealed.

      Sec. 3.  Section 15 of chapter II of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as last amended by chapter 440, Statutes of Nevada 1965, at page 1186, is hereby repealed.

      Sec. 4.  This act shall become effective upon passage and approval.

 

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CHAPTER 132, AB 183

Assembly Bill No. 183–Committee on Judiciary

CHAPTER 132

AN ACT to amend NRS 2.130, relating to terms of the supreme court, by providing that the supreme court shall hold regular sessions during the calendar year; and providing other matters properly relating thereto.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 2.130 is hereby amended to read as follows:

      2.130  [There shall be four terms of this court in each year, to commence on the 1st Mondays of January, April, July and October. Their terms shall continue until the business before the court is determined, or for such length of time as, in the opinion of the court, the public interest may require.]

 


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ê1967 Statutes of Nevada, Page 210 (Chapter 132, AB 183)ê

 

terms shall continue until the business before the court is determined, or for such length of time as, in the opinion of the court, the public interest may require.] The supreme court shall:

      1.  Hold such regular sessions during each calendar year as are necessary to dispose of its business.

      2.  Always be open for issuance of writs.

      Sec. 2.  This act shall become effective upon passage and approval.

 

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CHAPTER 133, SB 259

Senate Bill No. 259–Senators Swobe and Slattery

CHAPTER 133

AN ACT to amend NRS 279.270, relating to the preparation and approval of urban renewal plans and projects, by requiring approval by the registered voters of the municipality; to amend other sections of chapter 279 of NRS to conform thereto; and providing other matters properly relating thereto.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 279.270 is hereby amended to read as follows:

      279.270  1.  A municipality shall not approve an urban renewal project for an urban renewal area unless the governing body has, by resolution, determined such area to be a slum area or a blighted area or a combination thereof and designated such area as appropriate for an urban renewal project. For this purpose and other municipal purposes, authority is hereby vested in every municipality to prepare, to adopt and to revise, from time to time, a general plan for the physical development of the municipality as a whole, giving due regard to the environs and metropolitan surroundings; to establish and maintain a planning commission for such purpose and related municipal planning activities; and to make available and to appropriate necessary funds therefor. A municipality shall not acquire real property for an urban renewal project unless the [local governing body has approved the urban renewal project in accordance with subsection 4] project has been finally approved pursuant to subsection 5 hereof.

      2.  The municipality may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to a municipality. Prior to its approval of an urban renewal project, the local governing body shall submit such plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within 30 days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission, or if no recommendations are received within 30 days then without such recommendations, the local governing body may proceed with the hearing on the proposed urban renewal project prescribed by subsection 3 hereof.

 


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ê1967 Statutes of Nevada, Page 211 (Chapter 133, SB 259)ê

 

      3.  The local governing body shall hold a public hearing on an urban renewal project, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality. The notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the plan, and shall outline the general scope of the urban renewal project under consideration.

      4.  Following such hearing, the local governing body may tentatively approve an urban renewal project if it finds that:

      (a) A feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families;

      (b) The urban renewal plan conforms to the general plan of the municipality as a whole; and

      (c) The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise.

      5.  If the local governing body has tentatively approved an urban renewal project, it shall then submit such project to the registered voters of the municipality at a regular or special election called for that purpose. If a majority of the votes cast on the issue are cast in favor of the project, it shall stand as finally approved. If a majority of the votes cast on the issue are cast against the project, the governing body shall proceed no further. A proposed urban renewal project so defeated may be resubmitted to the registered voters of the municipality only after the holding of a new public hearing and tentative reapproval in the manner provided by subsections 3 and 4 for original proceedings.

      6.  If the urban renewal area consists of an area of open land to be acquired by the municipality, such area shall not be so acquired unless:

      (a) If it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or

      (b) If it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in NRS 279.010 to 279.380, inclusive, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area.

 


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ê1967 Statutes of Nevada, Page 212 (Chapter 133, SB 259)ê

 

need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area.

      [6.] 7.  An urban renewal plan may be modified at any time; but the area covered may not be enlarged after the plan has been finally approved as provided in subsection 5, and if modified after the lease or sale by the municipality of real property in the urban renewal project area, such modification may be conditioned upon such approval of the owner, lessee or successor in interest as the municipality may deem advisable, and in any event shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert.

      [7.] 8.  Upon the approval by a municipality of an urban renewal plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective urban renewal area and the municipality may then cause such plan or modification to be carried out in accordance with its terms.

      [8.] 9.  Notwithstanding any other provisions of NRS 279.010 to 279.380, inclusive, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm or other catastrophe respecting which the governor has certified the need for disaster assistance under the provisions of an Act of Congress entitled “An Act to authorize Federal assistance to state and local governments in major disasters, and for other purposes,” approved September 30, 1950, being c. 1125, 64 Stat. 1109, also designated as 42 U.S.C. §§ 1855 to 1855g, inclusive, as amended or supplemented, or other federal law, the local governing body may approve tentatively an urban renewal plan and an urban renewal project with respect to such area without regard to the provisions of subsections 4 and [5] 6 of this section and the provisions of this section requiring a general plan for the municipality and a public hearing on the urban renewal project.

      Sec. 2.  NRS 279.050 is hereby amended to read as follows:

      279.050  “Blighted area” means an area which, by reason of the presence of a substantial number of slums, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use. If such blighted area consists of open land, the conditions contained in subsection [5] 6 of NRS 279.270 shall apply. Any disaster area referred to in subsection [8] 9 of NRS 279.270 shall constitute a “blighted area.”

      Sec. 3.  NRS 279.210 is hereby amended to read as follows:

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 213 (Chapter 133, SB 259)ê

 

      279.210  “Urban renewal plan” means a plan, as it exists from time to time, for an urban renewal project, which plan:

      1.  Shall conform to the general plan for the municipality as a whole except as provided in subsection [8] 9 of NRS 279.270; and

      2.  Shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan’s relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.

 

________

 

 

CHAPTER 134, AB 340

Assembly Bill No. 340–Committee on Judiciary

CHAPTER 134

AN ACT relating to the administration of estates of deceased persons; to provide for the relief of court-appointed attorneys for absent and minor heirs from obligation to represent any such heir who retains counsel.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 136.200 is hereby amended to read as follows:

      136.200  1.  Whenever a will is offered for probate and it appears there are minors, or if it appears there are other persons interested in the estate but who reside out of the county and are unrepresented, the court may, whether there is a contest or not, appoint an attorney for such minors or other persons.

      2.  When a person for whom an attorney has been appointed, pursuant to subsection 1, retains counsel and notifies the court of such retention, the court shall thereupon enter an order relieving the court-appointed attorney of further obligation to represent such person.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 135, SB 345

Senate Bill No. 345–Senator Dodge

CHAPTER 135

AN ACT relating to the Uniform Act for Out-of-State Parolee Supervision; deleting Alaska and Hawaii from the list of jurisdictions other than states of the United States in the definition of the term “state.”

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 213.185 is hereby amended to read as follows:

      213.185  1.  It is hereby declared that the term “state” as used in NRS 213.180 to 213.210, inclusive, means any one of the several states and [Alaska, Hawaii,] the Commonwealth of Puerto Rico, the Virgin Islands and the District of Columbia.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 214 (Chapter 135, SB 345)ê

 

and [Alaska, Hawaii,] the Commonwealth of Puerto Rico, the Virgin Islands and the District of Columbia.

      2.  It is hereby recognized and further declared that pursuant to the consent and authorization contained in Section 111(b) of Title 4 of the United States Code, as added by Public Law 970, 84th Congress, c. 941-2d Session, this state shall be a party to the Interstate Compact for the Supervision of Parolees and Probationers with any additional jurisdiction legally joining therein when such jurisdiction shall have enacted the compact in accordance with the terms thereof.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 136, SB 279

Senate Bill No. 279–Senator Farr

CHAPTER 136

AN ACT to amend an act entitled “An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” approved March 28, 1949, as amended.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 5 of Article V of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 396, is hereby amended to read as follows:

      Section 5.  As ex officio treasurer of the city, the clerk shall receive and safely keep and deposit in a depository, or depositories, designated by the city council all moneys that shall come to the city by taxation or otherwise, and pay the same out only on claims duly allowed by the council, except the interest or principal of any municipal bonded indebtedness, and shall perform such other and further duties as may be required of him or prescribed by the council. As treasurer, the city clerk shall before entering upon the duties of his office execute a good and sufficient official bond with approved sureties, in such sum and conditioned as may be required by the council. The city clerk shall not be entitled to any additional compensation by reason of any services performed by him as ex officio treasurer of the city; provided, the city council may, in the exercise of its sound discretion, segregate the office of city clerk from that of treasurer of the city, in which case, the manner of selection or election of the city treasurer, salary and duties shall be fully defined, fixed and determined by ordinance. The city treasurer is authorized to use a facsimile signature in place of his handwritten signature whenever necessary or convenient.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 215ê

 

CHAPTER 137, SB 256

Senate Bill No. 256–Committee on Judiciary

CHAPTER 137

AN ACT to amend the title of and to amend an act entitled “An Act to amend chapter 704 of NRS, relating to public utilities, by adding a new section prescribing where security agreements covering real or personal property of railroads and other public utilities shall be recorded; and providing other matters properly relating thereto,” approved April 14, 1965.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 507, Statutes of Nevada 1965, at pages 1431 and 1432, is hereby amended to read as follows:

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any mortgage of real property or of both real property and goods, including fixtures, or a security interest in fixtures alone, made by a corporation which is a railroad or a public utility, as defined in NRS 704.020, or a power district, as defined in NRS 312.040, shall be recorded in the office of the county recorder of the county or counties in which the property is located, and when so recorded shall be a lien on the real property and fixtures described in the mortgage or security agreement from the time of recording and on fixtures thereafter acquired subject to the mortgage or security agreement from the time of acquisition. If the mortgage or security agreement includes goods, a copy of the mortgage or security agreement or a financing statement describing the goods by item or type shall be filed with the secretary of state and shall be effective from the time provided in the Uniform Commercial Code of this state, but the security interest in the goods and in goods thereafter acquired subject to the mortgage or security agreement shall be effective without refiling as long as the mortgage or security agreement remains in effect, and this lien shall be enforcible in accordance with the laws of this state governing mortgages of real estate.

      2.  A security interest in goods alone created by a power district or a corporation which is a railroad or a public utility shall be perfected by filing a financing statement in the office of the secretary of state and shall in all respects except as to place of filing be governed by the Uniform Commercial Code of this state. This is a statute providing for central filing of security interests in property within the meaning of section 9-302 of the Uniform Commercial Code of this state.

      3.  The secretary of state shall maintain a separate file for mortgages, security agreements and financing statements on which the debtor is a power district or a corporation which is a railroad or a public utility, and the uniform fee for filing, indexing and furnishing filing data for such financing statements shall be $1.

      4.  Nothing in this act or in the Uniform Commercial Code of this state shall impair the validity or effectiveness against third parties of any mortgage of real property, or of both real property and goods, including fixtures, or a security interest in fixtures alone, heretofore made by a power district or a corporation which is a railroad or public utility, if such mortgage or security interest was recorded or filed or perfected in accordance with the law of this state prior to the effective date of the Uniform Commercial Code of this state, and such law shall govern the continued effectiveness and enforcement of such mortgages and security interests with respect to all property covered thereby whether acquired by such corporation before or after such date.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 216 (Chapter 137, SB 256)ê

 

by a power district or a corporation which is a railroad or public utility, if such mortgage or security interest was recorded or filed or perfected in accordance with the law of this state prior to the effective date of the Uniform Commercial Code of this state, and such law shall govern the continued effectiveness and enforcement of such mortgages and security interests with respect to all property covered thereby whether acquired by such corporation before or after such date.

      Sec. 2.  The title of the above-entitled act, being chapter 507, Statutes of Nevada 1965, at page 1431, is hereby amended to read as follows:

      “AN ACT to amend chapter 704 of NRS, relating to public utilities, by adding a new section prescribing where security agreements covering real or personal property of railroads [and] , other public utilities and power districts shall be recorded; and providing other matters properly relating thereto.”

      Sec. 3.  This act shall become effective on March 1, 1967, at 12:01 a.m.

 

________

 

 

CHAPTER 138, AB 308

Assembly Bill No. 308–Messrs. Lowman and Smith

CHAPTER 138

AN ACT to amend NRS 286.500, relating to credits for time spent in the Armed Forces granted to persons covered by the Public Employees’ Retirement Act, by extending such credits to the cessation of hostilities in Vietnam.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 286.500 is hereby amended to read as follows:

      286.500  1.  Any employee of an employer participating in the system [who entered the Armed Forces of the United States after September 15, 1940, and prior to July 1, 1948, or] who enters the Armed Forces [thereafter] and who, within 1 year after being honorably discharged therefrom or within 1 year after release from full-time active duty, [returned] returns to the service of a participating public employer [either prior to July 1, 1948, or thereafter,] shall be entitled, subject to the limitations of this chapter and to the provisions hereinafter set forth, to credit for all his service to the participating public employer prior to [July 1, 1948,] his date of entry into the Armed Forces and to credit for all his service in the Armed Forces after September 15, 1940, as if he had been an employee of a participating public employer throughout his service in the Armed Forces after that date; provided:

      (a) That service in the Armed Forces, to be credited as service to the employer, and service for retirement must have been performed during the [period] periods of September 15, 1940, to December 31, 1946, inclusive, [and on or after] July 27, 1950, to January 31, 1955 [.] , inclusive, or January 1, 1961, to the date proclaimed by the President of the United States as the termination of hostilities in Vietnam.

      (b) That service in the Armed Forces in the above-mentioned periods of time shall be credited for retirement only upon the conclusion of 5 years of contributing membership service with a participating public employer or employers following return from the Armed Forces.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 217 (Chapter 138, AB 308)ê

 

of time shall be credited for retirement only upon the conclusion of 5 years of contributing membership service with a participating public employer or employers following return from the Armed Forces.

      (c) That if the position held by the employee at the time of entry into the Armed Forces shall have been abolished between the time of entry into and the time of return from service in the Armed Forces or if the employee shall have applied for reinstatement and was refused such reinstatement then such individual may be granted a period of 18 months prior to reentry into covered service in lieu of 1 year as required in this subsection.

      2.  No period of service in the Armed Forces, at any time, shall be regarded as an absence from employment which shall operate to nullify or cancel prior service to participating public employers when the member shall have entered the Armed Forces from employment with a participating public employer and returned to employment with a participating public employer within 1 year after discharge or release from full-time active duty or within 18 months under the circumstances set forth in paragraph (c) of subsection 1.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 139, AB 11

Assembly Bill No. 11–Committee on Judiciary

CHAPTER 139

AN ACT to amend NRS 207.010, relating to trial and punishment of habitual criminals, by further specifying the required proof of a prior felony conviction.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 207.010 is hereby amended to read as follows:

      207.010  1.  Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been twice convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who shall previously have been three times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be adjudged to be an habitual criminal and shall be punished by imprisonment in the state prison for not less than 10 years.

      2.  Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been three times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who shall previously have been five times convicted, whether in this state or elsewhere, of petit larceny or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an clement, shall be punished by imprisonment in the state prison for life.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 218 (Chapter 139, AB 11)ê

 

intent to defraud is an clement, shall be punished by imprisonment in the state prison for life.

      3.  In proceedings under this section, each previous conviction shall be alleged in the accusatory pleading charging the primary offense, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of such conviction be read in the presence of a jury trying such offense.

      4.  If a defendant charged under this section is found guilty of, or pleads guilty to, the primary offense, but denies any previous conviction charge, the court shall determine the issue of such previous conviction after hearing all relevant evidence presented on such issue by the prosecution and the defendant. The court shall impose sentence pursuant to subsections 1 and 2 of this section upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality.

      5.  Nothing in this section limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.

      6.  Presentation of an exemplified copy of the official record of judgment of a felony conviction shall be prima facie evidence of conviction of a prior felony.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 140, SB 6

Senate Bill No. 6–Senator Hug

CHAPTER 140

AN ACT relating to public securities and obligations; to provide generally for a maximum interest rate and a maximum discount on issuance; to provide the period after an election within which securities may be issued or sold; to amend and repeal sections of NRS and of city charters to conform thereto; to extend such provisions to issues previously authorized but not yet sold; and providing other matters properly relating thereto.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  As used in this chapter:

      1.  “Par” means the principal amount of a security plus the accrued interest thereon from the date of the bonds to the date of delivery and full payment.

      2.  “Security” means a bond or other evidence of indebtedness.

      Sec. 3.  Except where the provisions, whenever enacted, of a general or special law authorize a higher rate, the maximum rate of interest on securities issued by the state shall not exceed 6 percent per annum.

      Sec. 4.  Except where the provisions, whenever enacted, of a general or special law prohibit discount or authorize a greater discount, securities issued by the state may be sold at par, above par or below par at a discount of not more than 6 percent of the principal amount, but the net interest cost to the state, including any discount, shall not exceed 6 percent per annum computed to maturity according to standard tables of bond values.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 219 (Chapter 140, SB 6)ê

 

issued by the state may be sold at par, above par or below par at a discount of not more than 6 percent of the principal amount, but the net interest cost to the state, including any discount, shall not exceed 6 percent per annum computed to maturity according to standard tables of bond values.

      Sec. 5.  No security may be issued or sold by the state after the expiration of 6 years from the date of the election authorizing such issue, if an election is required by any law whenever enacted.

      Sec. 6.  Chapter 350 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 10, inclusive, of this act.

      Sec. 7.  As used in sections 7 to 10, inclusive, of this act:

      1.  “Par” means the principal amount of a security plus the accrued interest thereon from the date of the bonds to the date of delivery and full payment.

      2.  “Political subdivision” includes without limitation a county, city, town, school district or special district.

      3.  “Security” means a bond or other evidence of indebtedness.

      Sec. 8.  Except where the provisions, whenever enacted, of a general or special law or of a special charter authorize a higher rate, the maximum rate of interest on securities issued by any political subdivision of this state shall not exceed 6 percent per annum.

      Sec. 9.  Except where the provisions, whenever enacted, of a general or special law or of a special charter prohibit discount or authorize a greater discount, securities issued by a political subdivision of this state may be sold at par, above par or below par at a discount of not more than 6 percent of the principal amount, but the net interest cost to the political subdivision, including any discount, shall not exceed 6 percent per annum computed to maturity according to standard tables of bond values.

      Sec. 10.  No security may be issued or sold by a political subdivision of this state after the expiration of 6 years from the date of the election authorizing such issue, if an election is required by any law whenever enacted.

      Sec. 11.  NRS 350.090 is hereby amended to read as follows:

      350.090  1.  Before any bonds issued by a municipal corporation shall be offered for sale, the governing body shall designate the maximum rate of interest the bonds shall bear. [, which shall not be in excess of 6 percent per annum unless otherwise provided by law.]

      2.  When a vote of the electors shall have been taken on the question of the issuance of the bonds and the proposition submitted to the electors shall have specified the maximum rate of interest to be borne by the bonds, no increase of such maximum rate of interest shall be made by the governing body.

      3.  Interest on all such bonds shall be payable either annually or semiannually, but the first interest payment date may be any time within 1 year from the date of the bonds, as the governing body may determine.

      Sec. 12.  NRS 350.120 is hereby amended to read as follows:

      350.120  1.  All bonds shall be sold at public sale. [Bonds shall be sold for not less than the principal amount thereof and accrued interest thereon, or, at the option of the governing body, below par at a discount of not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest rate to the municipal corporation of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of discount permitted by the governing body on the sale of the bonds.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 220 (Chapter 140, SB 6)ê

 

price which will not result in a net interest rate to the municipal corporation of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of discount permitted by the governing body on the sale of the bonds. No discount or commission shall be allowed or paid on the sale of such bonds (except as herein otherwise provided).] The governing body may employ legal, financial, engineering and other expert services in connection with any purpose for which the bonds are authorized and with the authorization, sale and issuance of the bonds.

      2.  A notice calling for bids for the purchase of the bonds shall be published once a week for 4 consecutive weeks by 4 weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of sale, in a newspaper published within the boundaries of the municipal corporation offering the bonds for sale. If there is no newspaper published within the boundaries of the municipal corporation, the publication shall be made in a newspaper of general circulation in the municipal corporation.

      3.  Such other notice shall be given as the corporate authorities may direct.

      4.  At least 3 weeks prior to the date fixed for the sale, a copy of the notice shall be mailed to the state board of finance, Carson City, Nevada.

      Sec. 13.  NRS 350.260 is hereby amended to read as follows:

      350.260  1.  Any incorporated town or city in the State of Nevada, whether incorporated under a general or special act, except a town or city incorporated under a special act which provides for the issuance of special assessment bonds by such town or city, may, by ordinance, cause to be issued bonds of the town or city to be called “(Insert name of district or other descriptive words before the words) Improvement Bonds”:

      (a) Payable in annual periods of 1 to not more than 20 years from date.

      (b) To bear interest payable annually, not exceeding the rate of 7 percent per annum.

      [(c) Not to be sold for less than their par value.]

      2.  Such bonds shall be issued for the purpose of paying the cost of constructing radioactive fallout shelters, laying the cement sidewalks, paving, macadamizing or otherwise improving the streets and alleys in the town or city, exclusive of the intersections of streets and spaces opposite alleys therein.

      3.  The entire cost of constructing radioactive fallout shelters, laying the cement sidewalks, or paving or macadamizing or otherwise improving any such streets, avenues or alleys, properly chargeable to any blocks, lots or lands, or parts thereof, within the district assessed, may be paid by the owner of such lots or lands within 50 days from the levy of such special taxes, and thereupon such lots or lands shall be exempt from any lien or charge therefor.

      Sec. 14.  NRS 350.390 is hereby amended to read as follows:

      350.390  1.  Revenue bonds issued under NRS 350.350 to 350.490, inclusive, shall bear interest at such rate or rates not exceeding [5] 6 percent per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding the estimated life of the undertaking but in no event beyond 40 years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 221 (Chapter 140, SB 6)ê

 

40 years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide.

      2.  The governing body may also provide in the ordinance or resolution authorizing the issuance of bonds under NRS 350.350 to 350.490, inclusive, that the bonds, or such ones thereof as may be specified, shall, to the extent and in the manner prescribed, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.

      Sec. 15.  NRS 350.400 is hereby amended to read as follows:

      350.400  1.  [The bonds shall be sold at not less than par.

      2.] The bonds may be sold at private sale to the United States of America or any agency, instrumentality or corporation thereof.

      [3.] 2.  Unless sold to the United States of America or any agency, instrumentality or corporation thereof, the bonds shall be sold at public sale after notice of such sale has been published once at least 5 days prior to such sale in a newspaper circulating in the municipality, and in a financial newspaper published in Chicago, Illinois, or San Francisco, California.

      [4.] 3.  Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the governing body may determine may be issued to the purchaser or purchasers of bonds sold pursuant to NRS 350.350 to 350.490, inclusive. The bonds and interim receipts or certificates shall be fully negotiable for all the purposes.

      Sec. 16.  NRS 244.400 is hereby amended to read as follows:

      244.400  1.  If upon the returns of the election, which returns are required to be made to the county commissioners, it is shown that a majority of the persons voting at the election were in favor of the issuance of bonds for the purpose or purposes set out in the notice of the election, then the county commissioners shall proceed to have prepared and issued bonds in a sum not to exceed the amount set out in the notice of the election, designating the purpose of the bonds.

      2.  In no case shall the bonds provide for interest in excess of [4] 6 percent per annum, and the bonds shall not run for a period of more than 20 years. The bonds shall provide that the faith and credit of the county issuing the same shall be pledged to the redemption of such bonds.

      3.  When issued as herein provided, the bonds, or as many thereof as may be necessary to carry out the requirements of the election so had, shall be sold and the proceeds thereof placed in the county treasury in a special fund to be designated by the county commissioners.

      Sec. 17.  NRS 244.590 is hereby amended to read as follows:

      244.590  The board is authorized to sell such bonds from time to time at public or private sale, as the board may determine. [, for not less than the principal amount thereof and accrued interest. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, but the] The board may employ legal, fiscal, engineering, or other expert services in connection with the acquisition of such improvements or facilities and with the authorization, issuance and sale of such bonds.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 222 (Chapter 140, SB 6)ê

 

purchaser or bidder, directly or indirectly, but the] The board may employ legal, fiscal, engineering, or other expert services in connection with the acquisition of such improvements or facilities and with the authorization, issuance and sale of such bonds.

      Sec. 18.  NRS 244.720 is hereby amended to read as follows:

      244.720  1.  The bonds shall:

      (a) Be of convenient denominations.

      (b) Be negotiable in form.

      (c) Mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal and interest, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 30 years from the date.

      (d) Bear interest at the rate of not more than [5] 6 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals.

      (e) Be made payable in lawful money of the United States, at such place or places within or without the State of Nevada as may be provided by the board.

      (f) Have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds.

      2.  Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.

      3.  The bonds and coupons shall be signed by the chairman of the county fair and recreation board and countersigned by the county treasurer, and they shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons.

      4.  The county fair and recreation board may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premiums as may be determined by the board in the resolution authorizing the issuance of the bonds.

      Sec. 19.  NRS 244.725 is hereby amended to read as follows:

      244.725  [1.] The board is authorized to sell such bonds from time to time at public or private sale as the board may determine, [, for not less than the principal amount thereof and accrued interest. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly.

      2.  The board] and may employ legal, fiscal, engineering or other expert services in connection with the acquisition, improvement, extension or betterment of the improvements or facilities and with the authorization, issuance and sale of the bonds.

      Sec. 20.  NRS 244.909 is hereby amended to read as follows:

      244.909  1.  Any bonds issued pursuant hereto may be sold in such manner as may be approved by the board to defray the cost of the project, including all proper incidental expenses.

      2.  Bonds shall first be offered at a public sale and if no satisfactory bid is then received, such bonds may be sold at private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the board, below par at a discount not exceeding [5] 6 percent of the principal amount thereof and at a price which will not result in a net interest cost to the county of more than 6 percent per annum computed to maturity according to standard tables of bond values if the maximum or any lesser amount of discount permitted by the board shall have been capitalized as a cost of the project.

 


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ê1967 Statutes of Nevada, Page 223 (Chapter 140, SB 6)ê

 

in a net interest cost to the county of more than 6 percent per annum computed to maturity according to standard tables of bond values if the maximum or any lesser amount of discount permitted by the board shall have been capitalized as a cost of the project.

      3.  No bond interest rate shall at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the board may determine.

      4.  [No discount (except as herein otherwise provided expressly or by necessary implication) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

      5.]  The board may employ legal, fiscal, engineering and other expert services in connection with any project herein authorized and the authorization, issuance and sale of bonds.

      [6.] 5.  Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.

      [7.] 6.  Any unexpended balance of such bond proceeds remaining after the completion of the project for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.

      [8.] 7.  The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.

      [9.] 8.  The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents and employees.

      [10.] 9.  The board may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the board so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the board may terminate the contract to sell the bonds, if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project, and if the board has not elected to proceed under subsection 2 or 3 of NRS 244.878, but has elected to proceed under subsection 1 thereof.

      [11.] 10.  If the board ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in NRS 244.873, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.

      Sec. 21.  NRS 269.336 is hereby amended to read as follows:

      269.336  1.  When the board of county commissioners, acting as the town board for any unincorporated town within its county, shall determine to make any public improvements as herein provided and shall determine to defray the whole or any part of the cost or expense thereof by special assessment, the board may, by ordinance, at the time it directs such special assessment to be made by the assessor, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the town at any general or special election, cause to be issued bonds of the town, not exceeding the amount of the assessments outstanding and unpaid, for the purpose of defraying all or part of the cost or expense of such improvements.

 


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ê1967 Statutes of Nevada, Page 224 (Chapter 140, SB 6)ê

 

by special assessment, the board may, by ordinance, at the time it directs such special assessment to be made by the assessor, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the town at any general or special election, cause to be issued bonds of the town, not exceeding the amount of the assessments outstanding and unpaid, for the purpose of defraying all or part of the cost or expense of such improvements.

      2.  The bonds shall:

      (a) Be signed by the chairman of the board of county commissioners, acting as the town board, and countersigned by the clerk of the board.

      (b) Each be in a denomination in a multiple of $100, but not exceeding $1,000, except bond numbered 1 may be in an odd denomination.

      (c) Be serial in form and maturity, the various annual maturities commencing not later than the third year and ending not later than 15 years after date of issue, and shall mature in equal annual installments; but the first and last installments may be for a greater or lesser amount than the other installments.

      3.  Interest on all such bonds shall be at a rate at least 1 percent per annum less than the interest on the installments of principal of assessments outstanding and unpaid, but shall in no event exceed the rate of 7 percent per annum, and shall be payable annually or semiannually at such times as the board may direct.

      4.  The bonds shall be subject to prior redemption at the option of the town, whenever funds are available therefor, on any interest payment date prior to maturity, at a price equal to the principal amount thereof with such premium, if any, not to exceed 4 percent of the principal amount of any bond redeemed, as the board may at the time of issue direct, and with accrued interest to the redemption date.

      5.  The board, without notice to the state board of finance, may issue the bonds, or part thereof, to the contractor or contractors making such improvements, and, in such case, may issue additional of such bonds to pay directly for such other costs or expenses incidental thereto for which assessments were levied; or, at least 3 weeks after mailing notice of sale to the state board of finance, Carson City, Nevada, it may publicly, upon such terms and pursuant to such public notice as the board may direct, or privately sell the bonds issued pursuant to this section, the proceeds of which shall be used to defray all or part of the costs or expenses of such improvements; but none of the bonds shall be sold at less than [95] 94 percent of the principal amount thereof, plus accrued interest on the principal amount to the date of delivery.

      6.  The board may enter into a contract to sell the bonds at any time; but any other provisions of NRS 269.276 to 269.336, inclusive, notwithstanding, if the board so contracts before it awards the contract for making the improvements, the board may terminate the contract to sell the bonds, if, before the awarding of the construction contract, it determines not to make the improvements. If the board shall cease to have jurisdiction to proceed because the owners of more than one-half of the frontage to be assessed duly file written objections to the improvements, as provided in NRS 269.286, or for any other reason, the contract to sell the bonds shall thereupon be terminated and inoperative.

 


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ê1967 Statutes of Nevada, Page 225 (Chapter 140, SB 6)ê

 

      7.  The special assessment, when levied, shall be and remain a lien on the respective lots and parcels of land assessed until paid, as provided in NRS 269.276 to 269.336, inclusive, and, when collected, shall be placed in a special fund and as such shall at all times constitute a sinking fund for and be deemed specially appropriated to the payment of the bonds and interest thereon, and shall not be used for any other purpose until the bonds and interest thereon are fully paid.

      8.  The issuance of any bonds, as herein provided, shall be conclusive evidence of the regularity of all proceedings up to the issuance of such bonds.

      9.  If the special fund created by the proceeds of the special assessment shall be insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of the general fund.

      Sec. 22.  NRS 269.380 is hereby amended to read as follows:

      269.380  1.  The board shall cause a sufficient number of ballots to be printed which shall bear the words “Sewerage Bonds-Yes,” and “Sewerage Bonds-No,” printed thereon in parallel lines, one above the other. [The voter will scratch out the “Yes” if opposed to the bonds, or the “No” if in favor of their issue.]

      2.  The election shall be conducted and the votes canvassed, in all essential particulars as in other city and town elections.

      3.  If a majority of all the votes cast are in favor of the issue of the bonds, the board of county commissioners, acting as such city or town board, shall proceed at once to issue them as rapidly as needed, in conformity with the provisions of NRS 269.365 to 269.395, inclusive. The bonds [shall be sold at not less than their par value, and] shall be redeemable, in the order of their issue, not less than 3 years nor more than 15 years from the date of their issue, respectively.

      Sec. 23.  NRS 269.420 is hereby amended to read as follows:

      269.420  The bonds shall be publicly sold. [at not less than their par value.]

      Sec. 24.  NRS 271.485 is hereby amended to read as follows:

      271.485  1.  Any bonds issued pursuant hereto may be sold in such manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses.

      2.  Bonds shall first be offered at a public sale, and if no satisfactory bid is then received, such bonds may be sold at private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the governing body, below par at a discount not exceeding [5] 6 percent of the principal amount thereof and at a price which will not result in a net interest cost to the municipality of more than 7 percent per annum computed to maturity according to standard tables of bond values if the maximum or any lesser amount of discount permitted by the governing body shall have been capitalized as a cost of the project.

      3.  No bond interest rate shall at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the governing body may determine.

      4.  [No discount (except as herein otherwise provided expressly or by necessary implication) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

 


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ê1967 Statutes of Nevada, Page 226 (Chapter 140, SB 6)ê

 

by necessary implication) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

      5.]  The governing body may employ legal, fiscal, engineering and other expert services in connection with any project herein authorized and the authorization, issuance and sale of bonds.

      [6.] 5.  Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.

      [7.] 6.  Any unexpended balance of such bond proceeds remaining after the completion of the project for which bonds were issued shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.

      [8.] 7.  The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.

      [9.] 8.  The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.

      [10.] 9.  The governing body may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project, and if the governing body has not elected to proceed under subsection 2 or 3 of NRS 271.330, but has elected to proceed under subsection 1 thereof.

      [11.] 10.  If the governing body ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in NRS 271.305, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.

      Sec. 25.  NRS 279.310 is hereby amended to read as follows:

      279.310  1.  A municipality shall have power to issue bonds from time to time in its discretion to finance the undertaking of any urban renewal project under NRS 279.010 to 279.380, inclusive, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans, and shall also have power to issue refunding bonds for the payment or retirement of such bonds previously issued by it. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues and funds of the municipality derived from or held in connection with its undertaking and carrying out of urban renewal projects under NRS 279.010 to 279.380, inclusive. Payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the Federal Government or other source, in aid of any urban renewal projects of the municipality under NRS 279.010 to 279.380, inclusive, and by a mortgage of any such urban renewal projects, or any part thereof, title to which is in the municipality.

 


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ê1967 Statutes of Nevada, Page 227 (Chapter 140, SB 6)ê

 

urban renewal projects of the municipality under NRS 279.010 to 279.380, inclusive, and by a mortgage of any such urban renewal projects, or any part thereof, title to which is in the municipality.

      2.  Bonds issued under this section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and shall not be subject to the provisions of any other law or charter relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of NRS 279.010 to 279.380, inclusive, are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.

      3.  Bonds issued under this section shall be authorized by resolution or ordinance of the local governing body and may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, not exceeding 6 percent per annum, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, be secured in such manner, and have such other characteristics, as may be provided by such resolution or trust indenture or mortgage issued pursuant thereto.

      4.  Such bonds may be sold [at not less than par] at public sales held after notice published prior to such sale in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality may determine, or may be exchanged for other bonds on the basis of par. Such bonds may be sold to the Federal Government at private sale [at not less than par,] and, in the event less than all of the authorized principal amount of such bonds is sold to the Federal Government, the balance may be sold at private sale [at not less than par] at an interest cost to the municipality of not to exceed the interest cost to the municipality of the portion of the bonds sold to the Federal Government.

      5.  In case any of the public officials of the municipality whose signatures appear on any bonds or coupons issued under NRS 279.010 to 279.380, inclusive, shall cease to be such officials before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to NRS 279.010 to 279.380, inclusive, shall be fully negotiable.

      6.  In any suit, action or proceeding involving the validity or enforcibility of any bond issued under NRS 279.010 to 279.380, inclusive, or the security therefor, any such bond reciting in substance that it has been issued by the municipality in connection with an urban renewal project shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of NRS 279.010 to 279.380, inclusive.

 


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ê1967 Statutes of Nevada, Page 228 (Chapter 140, SB 6)ê

 

      Sec. 26.  NRS 314.240 is hereby amended to read as follows:

      314.240  1.  The bonds shall not bear a rate of interest greater than [5] 6 percent per annum, payable annually or semiannually, but the first interest payment date may be any time within 1 year from the date of the bonds.

      2.  When a vote of the registered electors shall have been taken on the question of the issuance of the bonds, and the proposition submitted to them shall have specified the maximum rate of interest to be borne by such bonds, no increase of such maximum rate of interest shall be allowed on any of the bonds.

      Sec. 27.  NRS 314.270 is hereby amended to read as follows:

      314.270  1.  All bonds shall be sold at public sale. [No bonds shall be sold at less than par and accrued interest, nor shall any discount or commission be allowed or paid for the sale of the bonds.]

      2.  Before selling the bonds, or any part of them, the board of trustees shall:

      (a) Cause a notice calling for bids for the purchase of the bonds to be published in some newspaper printed in the county in which the district is located, or, if no such newspaper is printed in the county, then in some newspaper printed in the State of Nevada and having a general circulation in the county in which the district is located. The notice shall be published once in each calendar week for 4 successive calendar weeks immediately preceding the day when the bids will be opened publicly.

      (b) Give such other notice as may be deemed necessary by the board of trustees.

      3.  At least 3 weeks prior to the date fixed for the opening of bids for the purchase of the bonds, a copy of the notice shall be mailed, postage prepaid, to the state board of finance, Carson City, Nevada.

      Sec. 28.  NRS 314.280 is hereby amended to read as follows:

      314.280  The notice shall:

      1.  Specify a place and designate a day and the hour thereof when sealed bids for the purchase of the bonds shall be received and opened publicly by the board of trustees.

      2.  Specify the maximum rate of interest the bonds shall bear.

      3.  Require each bidder to submit a written bid specifying [:

      (a) The lowest rate of interest and premium, if any, above par, at which the bidder will purchase the bonds; or

      (b) The lowest rate of interest at which the bidder will purchase the bonds at par.] the lowest rate or rates of interest and premium, if any, at which the bidder will purchase the bonds, at or above par, or, if so permitted by the board of trustees, below par at a discount not exceeding the maximum discount fixed by the board of trustees.

      Sec. 29.  NRS 315.640 is hereby amended to read as follows:

      315.640  The bonds may be sold at public or private sale. [at not less than par.]

      Sec. 30.  NRS 317.100 is hereby amended to read as follows:

      317.100  The bonds shall:

      1.  Be prepared in such denominations as the trustees see fit.

      2.  Bear interest at a rate not exceeding [4] 6 percent per annum, payable annually on the 1st Monday in January.

      3.  Be numbered consecutively.

 


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ê1967 Statutes of Nevada, Page 229 (Chapter 140, SB 6)ê

 

      4.  Be made payable in lawful money of the United States.

      5.  Be signed by each trustee.

      6.  Have interest coupons attached in such a manner that they can be removed upon the payment of installments of the interest without injury to the bonds.

      Sec. 31.  NRS 317.110 is hereby amended to read as follows:

      317.110  [1.]  The trustees may negotiate the sale of the bonds, or such number thereof as the trustees decide, to the highest and best bidder, giving preference to the State of Nevada. The trustees may reject any or all bids. Bonds may be sold at private sales.

      [2.  No bond may be sold for less than par value.]

      Sec. 32.  NRS 318.325 is hereby amended to read as follows:

      318.325  1.  Such revenue bonds shall be publicly sold to the highest responsible bidders:

      (a) After at least 3 weeks’ notice in writing to the state board of finance, Carson City, Nevada, and to the board of county commissioners in the county in which such district is located;

      (b) Upon such requirements for substantiation of bids as the board of trustees may direct; and

      (c) Pursuant to such public notice as the board of trustees may direct, but in any event notice of such sale must be published in a financial journal published in the city of New York, New York.

      2.  The requirement of public sale may be waived, in the discretion of the board of county commissioners, upon application in writing signed by the owners of property in the district whose aggregate value is 75 percent or more of the total assessed value of taxable property in the district.

      3.  If no responsible bids are received pursuant to the provisions of subsection 1, or if public sale is waived pursuant to subsection 2, the board may proceed with a private sale. None of the bonds may be sold at either public or private sale, as provided in this section, at less than [95] 94 percent of the principal amount thereof, plus accrued interest on the principal amount to the date of delivery.

      4.  Each such revenue bond shall recite in substance that the principal thereof, including the interest thereon, is payable from the revenue pledged to the payment thereof and does not constitute a debt within the meaning of any constitutional or statutory limitation.

      Sec. 33.  NRS 373.180 is hereby amended to read as follows:

      373.180  1.  The bonds shall:

      (a) Be of convenient denominations.

      (b) Be negotiable in form.

      (c) Mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal and interest, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 30 years from the date.

      (d) Bear interest at the rate of not more than [5] 6 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals; but the first interest payment date may be for interest accruing for any period not exceeding 1 year.

      (e) Be made payable in lawful money of the United States, at such place or places within or without the State of Nevada as may be provided by the board.

 


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ê1967 Statutes of Nevada, Page 230 (Chapter 140, SB 6)ê

 

place or places within or without the State of Nevada as may be provided by the board.

      (f) Have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds, except as herein otherwise provided.

      2.  Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.

      3.  The bonds shall be signed by the chairman of the board, attested by the county clerk, and countersigned by the county treasurer. The bonds shall be authenticated by the official seal of the county. The coupons shall be signed by the county treasurer. Facsimile signatures may be used on the coupons.

      4.  Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)

      5.  The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

      6.  Any officer authorized or permitted to sign any bond or coupons, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons.

      7.  The board may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium as may be determined by the board in the ordinance authorizing the issuance of the bonds.

      Sec. 34.  Section 15 of chapter 23, Statutes of Nevada 1966, at page 59, is hereby amended to read as follows:

      Section 15.  No bonds may be refunded under this chapter unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 10 years from the date of issuance of the refunding bonds. Provision shall be made for paying the public securities within such period of time. No maturity of any bond refunded may be extended over 15 years, nor may any interest thereon be increased to any rate exceeding [5] 6 percent per annum. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.

      Sec. 35.  NRS 373.190 is hereby amended to read as follows:

      373.190  [1.]  The board is authorized to sell such bonds from time to time at public or private sale as the board may determine, [, for not less than the principal amount thereof and accrued interest.

 


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ê1967 Statutes of Nevada, Page 231 (Chapter 140, SB 6)ê

 

to time at public or private sale as the board may determine, [, for not less than the principal amount thereof and accrued interest. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly.

      2.  The board] and may employ legal, fiscal, engineering or other expert services in connection with the acquisition, improvement, extension or betterment of the improvements or facilities and with the authorization, issuance and sale of the bonds.

      Sec. 36.  NRS 387.160 is hereby amended to read as follows:

      387.160  1.  To provide the state school construction relief fund in the state treasury with funds, the governor, the secretary of state, and the attorney general of the State of Nevada are hereby constituted a commission, and are hereby directed to issue bonds of the State of Nevada as and when needed in a sum not to exceed $500,000.

      2.  Such bonds shall:

      (a) Be in denominations of $1,000 each, payable in legal tender of the United States.

      (b) Be numbered serially from 1 to 500, inclusive, and when retired shall be retired in the order of their issuance.

      (c) Be signed by the governor and endorsed by the secretary of state and the attorney general, countersigned by the state controller and authenticated by the great seal of the State of Nevada.

      (d) Bear interest at such rate as may be fixed by the commission, but such interest rate so fixed shall not be more than [3] 6 percent per annum.

      (e) Specify the interest rate payable and the redemption date of each bond.

      (f) Specify that both principal and interest shall be payable at the office of the state treasurer in Carson City, Nevada.

      (g) Have coupons for interest attached in such a manner that the coupons may be removed without injury to the bonds. Each coupon shall be consecutively numbered and shall be signed by the engraved facsimile signatures of the governor, the secretary of state and the attorney general.

      3.  Interest shall be payable semiannually on January 1 and July 1 of each year, the first payment to be made on January 1, 1956.

      4.  Upon the issuance and execution of each bond, without advertising the bonds for sale or calling for bids thereon, the same may be sold and delivered to the state permanent school fund, the university 90,000-acre-grant fund, the university 72-section-grant fund, the state insurance fund of the Nevada industrial commission, and such other state funds as may have money available for legal investment in such bonds, as moneys may be available in the state treasury in such funds, or any of them.

      5.  If money is not available in any or all of such funds, the bonds may be sold as needed for the purpose stated in NRS 387.145 to 387.165, inclusive, at public or private sale, as the commission may deem for the best interests of the state. Such bonds [shall be sold at not less than par, and] shall be issued and sold only as and when the proceeds thereof are needed. The proceeds of the sale of such bonds shall be placed in the state school construction relief fund.

      6.  At least 13 of such bonds as may be issued shall be redeemed and paid on each of the dates herein specified for the payment of interest, but all such bonds shall be redeemed and paid within 20 years from March 28, 1955.

 


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ê1967 Statutes of Nevada, Page 232 (Chapter 140, SB 6)ê

 

all such bonds shall be redeemed and paid within 20 years from March 28, 1955.

      7.  Payment of the principal and the interest on the bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of chapter 349 of NRS.

      8.  The state school construction relief fund shall also consist of any moneys appropriated to such fund by direct legislative appropriation.

      Sec. 37.  NRS 387.350 is hereby amended to read as follows:

      387.350  Except as provided in NRS 387.355, the notice of election shall contain:

      1.  The time and places of holding the election.

      2.  The hours during the day in which the polls will be open, which shall be the same as provided for general elections.

      3.  The purposes for which the bonds are to be issued.

      4.  The maximum amount of the bonds.

      5.  The maximum rate of interest, not to exceed [5] 6 percent.

      6.  The maximum number of years, not exceeding 20, which the bonds are to run.

      Sec. 38.  NRS 387.410 is hereby amended to read as follows:

      387.410  1.  The bonds shall not bear a rate of interest greater than [5] 6 percent per annum, payable annually or semiannually, but the first interest payment date may be any time within 1 year from the date of the bonds.

      2.  When a vote of the registered electors shall have been taken on the question of the issuance of the bonds, and the proposition submitted to them shall have specified the maximum rate of interest to be borne by such bonds, no increase of such maximum rate of interest shall be allowed on any of the bonds.

      Sec. 39.  NRS 387.425 is hereby amended to read as follows:

      387.425  1.  All bonds shall be sold at public sale. [No bonds shall be sold at less than par and accrued interest, nor shall any discount or commission be allowed or paid for the sale of the bonds.]

      2.  Before selling the bonds, or any part of them, the board of trustees shall:

      (a) Cause a notice calling for bids for the purchase of the bonds to be published in some newspaper printed in the county school district, or, if no such newspaper is printed in the county school district, then in some newspaper printed in the State of Nevada and having a general circulation in the county school district. The notice shall be published once in each calendar week for four successive calendar weeks [immediately] preceding the day when the bids will be opened publicly.

      (b) Give such other notice as may be deemed necessary by the board of trustees.

      3.  At least 3 weeks prior to the date fixed for the opening of bids for the purchase of the bonds, a copy of the notice shall be mailed, postage prepaid, to the state board of finance, Carson City, Nevada.

      Sec. 40.  NRS 387.430 is hereby amended to read as follows:

      387.430  The notice shall:

      1.  Specify a place and designate a day and the hour thereof when sealed bids for the purchase of the bonds shall be received and opened publicly by the board of trustees.

 


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ê1967 Statutes of Nevada, Page 233 (Chapter 140, SB 6)ê

 

      2.  Specify the maximum rate of interest the bonds shall bear.

      3.  Require each bidder to submit a written bid specifying [:

      (a) The lowest rate of interest and premium, if any, above par, at which the bidder will purchase the bonds; or

      (b) The lowest rate of interest at which the bidder will purchase the bonds at par.] the lowest rate or rates of interest and premium, if any, at which the bidder will purchase the bonds, at or above par, or, if so permitted by the board of trustees, below par at a discount not exceeding the maximum discount fixed by the board of trustees.

      Sec. 41.  NRS 387.470 is hereby amended to read as follows:

      387.470  1.  Subject to the provisions of subsection 2, the board of trustees of a county school district may divide the principal amount of any issue authorized at any election into two or more series and fix different dates for the bonds of each series. The bonds of any one series may be made payable at different times from those of any other series. If the bonds of any authorized issue are divided into series, the maturity of each respective series shall comply with the provisions of NRS 387.335 to 387.525, inclusive. For the purpose of computing the maturity of each series the term “date of the bonds” shall be deemed to be the date of the bonds of each series respectively.

      2.  No county school district bonds shall be issued or sold by the board of trustees after the expiration of [3] 6 years from the date of the election authorizing such issue.

      Sec. 42.  NRS 387.545 is hereby amended to read as follows:

      387.545  Except as provided in NRS 387.550, the notice of election shall contain:

      1.  The time and places of holding the election.

      2.  The hours during the day in which the polls will be open, which shall be the same as provided for general elections.

      3.  The purposes for which the bonds are to be issued.

      4.  The maximum amount of the bonds.

      5.  The maximum rate of interest, not to exceed [5] 6 percent.

      6.  The maximum number of years, not exceeding 20, which the bonds are to run.

      Sec. 43.  NRS 387.605 is hereby amended to read as follows:

      387.605  1.  The bonds shall not bear a rate of interest greater than [5] 6 percent per annum, payable annually or semiannually, but the first interest payment date may be any time within 1 year from the date of the bonds.

      2.  When a vote of the registered electors shall have been taken on the question of the issuance of the bonds, and the proposition submitted to them shall have specified the maximum rate of interest to be borne by such bonds, no increase of such maximum rate of interest shall be allowed on any of the bonds.

      Sec. 44.  NRS 387.620 is hereby amended to read as follows:

      387.620  1.  All bonds shall be sold at public sale. [No bonds shall be sold at less than par and accrued interest, nor shall any discount or commission be allowed or paid for the sale of the bonds.]

      2.  Before selling the bonds or any part of them, the board of trustees shall:

      (a) Cause a notice calling for bids for the purchase of the bonds to be published in some newspaper printed in the joint school district, or, if no such newspaper is printed in the joint school district, then in some newspaper printed in the State of Nevada and having a general circulation in the joint school district.

 


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ê1967 Statutes of Nevada, Page 234 (Chapter 140, SB 6)ê

 

published in some newspaper printed in the joint school district, or, if no such newspaper is printed in the joint school district, then in some newspaper printed in the State of Nevada and having a general circulation in the joint school district. The notice shall be published once in each calendar week for four successive calendar weeks [immediately] preceding the day when the bids will be opened publicly.

      (b) Give such other notice as may be deemed necessary by the board of trustees.

      3.  At least 3 weeks prior to the date fixed for the opening of bids for the purchase of the bonds, a copy of the notice shall be mailed, postage prepaid, to the state board of finance, Carson City, Nevada.

      Sec. 45.  NRS 387.625 is hereby amended to read as follows:

      387.625  The notice shall:

      1.  Specify a place and designate a day and the hour thereof when sealed bids for the purchase of the bonds shall be received and opened publicly by the board of trustees.

      2.  Specify the maximum rate of interest the bonds shall bear.

      3.  Require each bidder to submit a written bid specifying [:

      (a) The lowest rate of interest and premium, if any, above par, at which the bidder will purchase the bonds; or

      (b) The lowest rate of interest at which the bidder will purchase the bonds at par.] the lowest rate or rates of interest and premium, if any, at which the bidder will purchase the bonds, at or above par, or, if so permitted by the board of trustees, below par at a discount not exceeding the maximum discount fixed by the board of trustees.

      Sec. 46.  NRS 387.665 is hereby amended to read as follows:

      387.665  1.  Subject to the provisions of subsection 2, the board of trustees of a joint school district may divide the principal amount of any issue authorized at any election into two or more series and fix different dates for the bonds of each series. The bonds of any one series may be made payable at different times from those of any other series. If the bonds of any authorized issue are divided into series, the maturity of each respective series shall comply with the provisions of NRS 387.530 to 387.720, inclusive. For the purpose of computing the maturity of each series the term “date of the bonds” shall be deemed to be the date of the bonds of each series respectively.

      2.  No joint school district bonds shall be issued or sold by the board of trustees after the expiration of [3] 6 years from the date of the election authorizing such issue.

      Sec. 47.  NRS 403.340 is hereby amended to read as follows:

      403.340  1.  The board of county commissioners is authorized to negotiate the sale of the bonds:

      (a) By advertising for sealed proposals by publication of a notice of the proposed sale in some newspaper of general circulation published in the county, at least once a week for 4 consecutive weeks prior to the date fixed for opening such bids; and

      (b) By publication in such other newspapers or financial journals as the board may order.

      2.  [No bonds shall be sold for less than their par value, and the] The bonds and the interest thereon shall be made payable in lawful money of the United States.

 


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ê1967 Statutes of Nevada, Page 235 (Chapter 140, SB 6)ê

 

      3.  The board of county commissioners shall sell the bonds to the highest and best bidder or bidders, or, in the board’s discretion, may reject any and all proposals and advertise anew.

      Sec. 48.  NRS 474.250 is hereby amended to read as follows:

      474.250  The bonds shall bear interest at a rate not exceeding [4] 6 percent per annum, payable annually on the 1st Monday in January.

      Sec. 49.  NRS 474.280 is hereby amended to read as follows:

      474.280  [1.]  The board of directors is authorized, in its discretion, to negotiate the sale of the bonds or such number thereof as the board may deem fit to the highest and best bidder, giving preference to the State of Nevada. It may reject any or all bids. Bonds may be sold at private sales as the board may deem best.

      [2.  No bonds shall be sold for less than par value.]

      Sec. 50.  NRS 710.090 is hereby amended to read as follows:

      710.090  1.  The board of county commissioners is authorized to negotiate the sale of the bonds from time to time as the board deems necessary to the highest responsible bidder for cash and at a price not less than [95] 94 cents on the dollar, or at private sale at not less than their par value.

      2.  The proceeds of such sales shall be placed in a fund to be known as the county telephone fund, which fund shall be used only for the purpose of carrying out the provisions of NRS 710.030 to 710.150, inclusive. Payments from the county telephone fund shall be made only on warrants drawn on the county treasurer of the county in payment of the obligations contracted under the provisions of NRS 710.030 to 710.150, inclusive.

      Sec. 51.  NRS 710.370 is hereby amended to read as follows:

      710.370  1.  Bonds [shall be sold for not less than par, and such bonds] shall be issued for such periods of time that there shall always be bonds redeemable by any funds in excess of $1,000 available in the county railway bond fund.

      2.  Before any sale is made of such bonds, notice of such proposed sale shall be given by publication in a newspaper published in the county, if there is one published in the county, and if not, then by publication in the newspaper published nearest to the county seat of such county, for at least 10 days before such bonds are disposed of, inviting sealed bids to be made for the bonds.

      3.  The bonds shall be sold only to the highest and best bidder therefor.

      Sec. 52.  NRS 710.500 is hereby amended to read as follows:

      710.500  The board of county commissioners is authorized to sell such bonds or any part thereof as may be necessary. [, such bonds to be sold at not less than their par value.]

      Sec. 53.  NRS 540.740 is hereby repealed.

      Sec. 54.  Section 63 of the charter of the City of Caliente, being chapter 289, Statutes of Nevada 1957, as amended by chapter 253, Statutes of Nevada 1959, at page 305, is hereby amended to read as follows:

      Section 63.  Water, Sewer, and Electric Light and Power Revenue Bond Law of the City of Caliente.

      A.  Wherever used in this chapter, unless a different meaning clearly appears from the context, the term “undertaking” shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed; systems, plants, works, instrumentalities, and properties (1) used or useful in connection with the obtaining of water supply and the conservation, treatment and disposal of sewage, waste, and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, franchises, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations and equipment; and (2) used or useful in connection with the generation and transmittal of electricity for light and power for public and private uses, and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, reservoirs, generating stations, transmittal lines, and equipment.

 


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ê1967 Statutes of Nevada, Page 236 (Chapter 140, SB 6)ê

 

appears from the context, the term “undertaking” shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed; systems, plants, works, instrumentalities, and properties (1) used or useful in connection with the obtaining of water supply and the conservation, treatment and disposal of sewage, waste, and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, franchises, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations and equipment; and (2) used or useful in connection with the generation and transmittal of electricity for light and power for public and private uses, and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, reservoirs, generating stations, transmittal lines, and equipment.

      B.  In addition to the powers which it may now have, said city shall have power under this charter:

      1.  To acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any undertaking, wholly within or wholly without the city, or partially within and partially without the city, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;

      2.  To operate and maintain any undertaking for its own use and for the use of public and private consumers, and users within and without the territorial boundaries of the city;

      3.  To prescribe, revise and collect rates, fees, tolls or charges for the services, facilities or commodities furnished by such undertaking, and in anticipation of the collection of the revenues of such undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking;

      4.  To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments or extensions theretofore and thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities and properties of the undertakings so improved, bettered, or extended) or of any part of such undertaking;

      5.  When determined by its city council to be in the public interest and necessary for the protection of the public health, to enter into and perform contracts, whether long term or short term, with any industrial or mining establishment for the provision and operation by the city of sewage facilities to abate or reduce the pollution of water caused by discharges of industrial or mining waste by the industrial or mining establishment and the payment periodically by the industrial or mining establishment to the city of amounts at least sufficient, in the determination of such city council, to compensate the city for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewage facilities serving such industrial or mining establishment.

      6.  And notwithstanding any provision of this chapter to the contrary or in conflict herewith, to accept contributions or loans from the United States of America, or any department, instrumentality or agency thereof, for the purpose of financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking; and

 

 


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ê1967 Statutes of Nevada, Page 237 (Chapter 140, SB 6)ê

 

or in conflict herewith, to accept contributions or loans from the United States of America, or any department, instrumentality or agency thereof, for the purpose of financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking; and

      7.  To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties or in order to secure the payment of its bonds; provided, no encumbrance, mortgage or other pledge of property of the city is created thereby; and provided, no property of the city is liable to be forfeited or taken in payment of said bonds; and provided, no debt on the credit of the city is thereby incurred in any manner for any purpose.

      C.  The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking and the issuance in anticipation of the collection of the revenues of such undertaking of bonds to provide funds to pay the cost thereof may be authorized by ordinance or resolution of the city council, which may be adopted at a regular meeting by a vote of a majority of the members elected to the city council; provided, however, that before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the city or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the city at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.010 to 350.070, inclusive. It shall not be necessary, any provisions in this charter and the laws of the State of Nevada to the contrary notwithstanding, to submit at an election, in addition to the question of issuing bonds for any of the aforesaid purposes, a question for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking. The city council, in determining such cost, may include all cost and estimated cost of the issuance of such bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period, and for six months thereafter, on money borrowed or which it is estimated will be borrowed pursuant to this chapter.

      D.  Revenue bonds issued under this chapter shall bear interest at such rate or rates not exceeding [five] six percent per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding the estimated life of the undertaking but in no event beyond thirty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide. Said bonds shall be issued to the contractor in payment for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking, including all incidental expenses, or said bonds shall be sold.

 


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ê1967 Statutes of Nevada, Page 238 (Chapter 140, SB 6)ê

 

bonds shall be sold. [at not less than par.] Said bonds may be sold at private sale to the United States of America or any agency, instrumentality, or corporation thereof. Unless issued to a contractor or sold to the United States of America or any agency, instrumentality, or corporation thereof, said bonds shall be sold at public sale after notice of such sale published once at least five days prior to such sale in a newspaper circulating in the city. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the city council may determine may be issued to the contractor or the purchaser or purchasers of bonds sold pursuant to this chapter. Said bonds and interim receipts or certificates shall be fully negotiable for all the purposes.

      The city council may also provide in the ordinance or resolution authorizing the issuance of bonds under this chapter that the bonds, or such ones thereof as may be specified, shall to the extent and in the manner [prescribe,] prescribed, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.

      E.  Said bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all persons whose signatures appear thereon shall have ceased to be officers of the city issuing the same. The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the undertaking for which said bonds are issued. The ordinance or resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

      F.  Any ordinance or resolution authorizing the issuance of bonds under this chapter, to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of an undertaking, may contain covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this chapter) as to:

      (a) The rates, fees, tolls, or charges to be charged for the services, facilities and commodities of said undertaking;

      (b) The use and disposition of the revenue of said undertaking;

      (c) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof;

      (d) The purpose or purposes to which the proceeds of the sale of said bonds may be applied and the use and disposition of such proceeds;

      (e) Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on said bonds or on the coupons thereof;

      (f) A fair and reasonable payment by the city to the account of said undertaking for the services, facilities of commodities furnished said city or any of its departments by said undertaking;

 


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ê1967 Statutes of Nevada, Page 239 (Chapter 140, SB 6)ê

 

      (g) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such undertaking;

      (h) The insurance to be carried thereon and the use and disposition of insurance moneys;

      (i) Books of account and the inspection and audit thereof;

      (j) The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;

      (k) The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations;

      (1) The vesting in a trustee or trustees the right to enforce any covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed hereby;

      (m) A procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;

      (n) The manner of collecting the rates, fees, tolls, or charges for the services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking with the rates, fees, tolls, or charges for other services, facilities, or commodities afforded by the municipality; and the discontinuance of the services, facilities, or commodities afforded by the municipality, in the event that the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking are not paid. Nothing in this section or in any other section of this chapter shall be deemed in any way to authorize any city to do anything in any manner or for any purpose which would result in the creation or incurring of a debt or indebtedness or the issuance of any instrument which would constitute a bond or debt within the meaning of any provision, limitation, or restriction of the constitution relating to the creating or incurring of a debt or indebtedness or the issuance of an instrument constituting a bond or a debt.

      G.  Revenue bonds issued under this chapter shall not be payable from or charged upon any funds, other than the revenue pledged to the payment thereof, nor shall the city issuing the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the city, nor shall any such bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the city. Each bond issued under this chapter shall recite in substance that said bond, including the interest thereon, is payable solely from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the city within the meaning of any constitutional, statutory, or charter limitation.

 


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ê1967 Statutes of Nevada, Page 240 (Chapter 140, SB 6)ê

 

not constitute a debt of the city within the meaning of any constitutional, statutory, or charter limitation.

      H.  In the event that the city shall default in the payment of the principal or interest of any of the bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the city or the city council or officers, agents or employees thereof shall fail or refuse to comply with the provisions of this chapter or shall default in any agreement made with the holders of the bonds, any holders of bonds, or trustees therefor, shall have the right to apply in an appropriate judicial proceeding to a state court of competent jurisdiction, or any other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.

      Upon such application such state court may appoint, and if the application is made by the holders of twenty-five per centum (25%) in principal amount of such bonds then outstanding, or any trustee for holders of such bonds in such principal amount, shall appoint a receiver of the undertaking. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the undertaking and each and every part thereof, and may exclude the city, its city council, officers, agents, and employees and all persons claiming under them wholly therefrom, and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and in the name of the city or otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the city with respect to the undertaking as the city itself might do. Such receiver shall maintain, restore, insure, and keep insured, the undertaking, and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient, and shall establish, levy, maintain and collect such fees, tolls, rentals and other charges in connection with the undertaking as such receiver may deem necessary or proper and reasonable, and shall collect and receive all revenues and shall deposit the same in a separate account, and apply such revenues so collected and received in such manner as the court shall direct.

      Whenever all that is due upon the bonds, and interest thereon, and upon any other notes, bonds or other obligations, and interest thereon, having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with bondholders shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, the court may in its discretion, and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the undertaking to the city, the same right of the holders of the bonds to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided. Such receiver shall, in the performance of the powers herein-above conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby.

 


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ê1967 Statutes of Nevada, Page 241 (Chapter 140, SB 6)ê

 

the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.

      I.  Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power for the equal benefit and protection of all holders of bonds similarly situated:

      (a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the city and its city council, and any of its officers, agents, or employees, and to require and compel such city or such city council, or any such officers, agents, and employees to perform and carry out its and their duties and obligations under this chapter, and its and their covenants and agreements with bondholders;

      (b) By action or suit in equity to require the city and city council thereof to account as if they were the trustee of an express trust;

      (c) By action or suit in equity to enjoin any acts or thing which may be unlawful or in violation of the rights of bondholders;

      (d) Bring suit upon the bonds.

      No right or remedy conferred by this chapter upon any holder of bonds, or any trustee therefor, is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law.

      J.  The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter shall not affect the powers conferred by any other general or special law or charter provision. The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended notwithstanding that any special or general law or charter provision may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of a like undertaking and without regard to the requirement, restrictions, debt, or other limitations or other provisions contained in any other general or special law or charter provision, including, but not limited to, any restriction of limitation on the incurring of indebtedness or the issuance of bonds. Insofar as the provisions of this chapter are inconsistent with the provisions of any other general or special law or charter provision, the provisions of this chapter shall be controlling, except as otherwise herein provided.

      Sec. 55.  Section 36 of the charter of Carson City, being chapter 43, Statutes of Nevada 1875, added by chapter 426, Statutes of Nevada 1963, at page 1137, is hereby amended to read as follows:

      Section 36.  (a) The city council shall have the power, in addition to other powers conferred upon the council by this charter or otherwise: To lay out, extend, change the grade, open and alter the highways, streets and alleys within the city; to require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning and repairing, lighting, surfacing and resurfacing, and widening any highway, street or alley, or in any way whatsoever to improve the same; to provide for the purchase, construction, improvement, maintenance and preservation of city parks, swimming pools, zoos, tennis courts, golf courses, auditoriums, stadiums, and public buildings, structures and facilities for recreational, entertainment or convention purposes, and the purchase of sites for all such purposes; to provide for construction, repair, maintenance and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, storm sewers and to provide for the purchase, construction, repair, maintenance and preservation of sanitary sewage facilities and sanitary sewer systems, and the purchase of sites therefor, to provide for the maintenance, repair, alteration, improvement and preservation of all city buildings and property not herein mentioned; and to make any other public improvement of any nature, including the purchase and construction of such buildings, structures, edifices and facilities as the city council may deem appropriate.

 


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ê1967 Statutes of Nevada, Page 242 (Chapter 140, SB 6)ê

 

oiling, curbing, graveling, grading and regrading, paving, draining, cleaning and repairing, lighting, surfacing and resurfacing, and widening any highway, street or alley, or in any way whatsoever to improve the same; to provide for the purchase, construction, improvement, maintenance and preservation of city parks, swimming pools, zoos, tennis courts, golf courses, auditoriums, stadiums, and public buildings, structures and facilities for recreational, entertainment or convention purposes, and the purchase of sites for all such purposes; to provide for construction, repair, maintenance and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, storm sewers and to provide for the purchase, construction, repair, maintenance and preservation of sanitary sewage facilities and sanitary sewer systems, and the purchase of sites therefor, to provide for the maintenance, repair, alteration, improvement and preservation of all city buildings and property not herein mentioned; and to make any other public improvement of any nature, including the purchase and construction of such buildings, structures, edifices and facilities as the city council may deem appropriate.

      (b) The council shall have the power to issue general obligation bonds for such public improvements and facilities (such bonds being hereinafter in this section 36 merely designated “the bonds”) at one time or from time to time.

      (c) The authority to issue general obligation bonds conferred by provisions of this section 36 of this charter shall be deemed to be independent and complete, and general obligation bonds may be issued under this section without regard to other provisions or sections of this charter concerning the issuance of bonds.

      (d) The council in its discretion may authorize not to exceed $100,000 of general obligation bonds by ordinance without any election, but the council shall, before issuing general obligation bonds in an amount exceeding $100,000, call by resolution for the submission of a question authorizing the issuance of the bonds at a general or special election. If an election is called the council shall cause to be published a notice at least once a week, for at least 3 consecutive weeks, by three publications, in some newspaper published and of general circulation within the city. The notice shall state the date of the election, and amount and purpose of the proposed bond issue, and the maximum interest rate the bonds shall bear. Notwithstanding any other provision of this charter, all general obligation bond elections under this section 36 shall be conducted and canvassed pursuant to NRS 350.020 to 350.070, inclusive, and the same are hereby adopted by reference.

      (e) The bonds shall be publicly sold. [at not less than their par value.]

      (f) The council shall provide for the payment of the bonds and the interest thereon at the time of the regular tax levy for state, county and city purposes, by levying an additional tax upon the property, real and personal, within the limits of the city, sufficient to pay the principal of and the interest on the bonds as the same become due. The taxes shall be assessed and collected the same as other taxes paid to the county treasurer and placed in a fund appropriately designated and solely used for the redemption of the principal of and the interest on the bonds and any prior redemption premium due in connection therewith.

 


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      (g) The bonds and the interest thereon may be additionally secured by a pledge of all or a part of the revenues, if any, derived from the operation of the public improvement or facilities obtained with the proceeds of such bonds, and the revenues derived from any enlargement, extension or improvement thereof, theretofore made or thereafter to be made. In the event the city does not enter into such a pledge the council, nevertheless, may apply such revenues, at its discretion, to the payment of such bonds.

      (h) 1.  An ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof.

      2.  Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.

      (i) The bonds of any series hereunder shall:

      1.  Be of convenient denominations;

      2.  Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment either as to principal alone, or as to both principal and interest, or either;

      3.  Be issued at one time or from time to time in one series or more;

      4.  Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 30 years from the date of the bonds, commencing not later than 3 years therefrom, and in substantially equal amounts of principal, or upon an amortization plan for such bonds so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on the bonds, or upon an amortization plan for all general obligation bonds of Carson City so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all outstanding bonds of the city (excluding any general obligation bonds also payable from pledged revenues), except that the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or upon any other plan as the council may determine;

      5.  Bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable annually or semi-annually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;

      6.  Have interest coupons attached in such manner that they may be removed upon the payment of the installments of interest without injury to the bonds;

      7.  Be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the city council; and

      8.  Be printed at such place or places, within or without the state, as the city council may determine.

      (j) Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, as the city council may determine and state therein.

      (k) The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the city council in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

 


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with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the city council in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

      (l) Pending preparation of the definitive bonds, temporary bonds in such form and with such provisions as the city council may determine may be issued.

      (m) Subject to the payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law [.] and the Uniform Commercial Code-Investment Securities.

      (n) Notwithstanding any other provision of law, the city council in any proceedings authorizing bonds hereunder may:

      1.  Provide for the initial issuance of one or more bonds (in this subsection (n) called “bond”) aggregating the amount of the entire issue or any portion thereof;

      2.  Make such provision for installment payments of the principal amount of any such bond as it may consider desirable;

      3.  Make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations.

      (o) If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner’s furnishing, to the satisfaction of the council:

      1.  Proof of ownership;

      2.  Proof of loss or destruction;

      3.  A surety bond in twice the face amount of the bond and coupons; and

      4.  Payment of the cost of preparing and issuing the new bond.

      (p) Any other bond may be reissued upon such conditions as the council may determine.

      (q) Any bond shall be executed in the name of and on behalf of the city of Carson City, signed by its mayor, countersigned by the city clerk, with the official seal of Carson City affixed thereto.

      (r) Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the city clerk.

      (s) Use of facsimile signatures and seals on these bonds is authorized pursuant to the Uniform Facsimile Signatures of Public Officials Act, being chapter 4, Statutes of Nevada 1963, as it may from time to time be amended and supplemented.

      (t) The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of Carson City, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.

      (u) Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.

 


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upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.

      Sec. 56.  Section 33 of chapter II of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as last amended by chapter 440, Statutes of Nevada 1965, at page 1193, is hereby amended to read as follows:

      Section 33.  The said city council shall have the following powers:

      1.  To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said council may deem proper; provided, that the punishment of any offense shall be by fine not to exceed five hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

      2.  To control the finances and property of the corporation.

      3.  To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.

      4.  To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.

      5.  To borrow money on the credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the counsel shall determine; and the said council may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds to an amount in excess of 40 percent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or within its limits 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 10 percent of the assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring water, light and heat. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The city council shall have the power to acquire or establish any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in said manner. The city council shall issue a proclamation which shall set forth briefly the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the council and mayor, or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest, and time within which redeemable and on what fund. Such proclamation shall be published in full at least once a week for four consecutive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said council will pass an ordinance providing for said bond issue.

 


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of general circulation published in the city, and shall state the date of the meeting at which said council will pass an ordinance providing for said bond issue. At the first regular meeting of the council, or any adjournment thereof, after the completion of said publication, the council shall proceed to enact an ordinance for such purpose, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said council signed by not less than 10 percent of the qualified electors of the said city as shown by the last preceding registration list and representing not less than 5 percent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said 10 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed; then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast as per paragraph 6, section C. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said council pursuant to a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said council at any time prior to the date of meeting set in said published notice.

      6.  “Water, sewer, and electric light and power revenue bond law of North Las Vegas.”

      Section A.  That wherever used in this chapter, unless a different meaning clearly appears from the context, the term “undertaking” shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: systems, plants, works, instrumentalities, and properties (1) used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses; (2) used or useful in connection with the collection, treatment and disposal of sewage, waste, and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations, and equipment; and (3) used or useful in connection with the generation and transmittal of electricity for light and power for public and private uses, and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, reservoirs, generating stations, transmittal lines, and equipment.

      Section B.  In addition to the powers which it may now have, said city shall have power under this chapter:

      1.  To acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any undertaking, wholly within or wholly without the city, or partially within and partially without the city, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;

 

 


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the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;

      2.  To operate and maintain any undertaking for its own use and for the use of public and private consumers, and users within and without the territorial boundaries of the city;

      3.  To prescribe, revise and collect rates, fees, tolls or charges for the services, facilities or commodities furnished by such undertaking, and in anticipation of the collection of the revenues of such undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking;

      4.  To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments or extension theretofor and thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities and properties of the undertakings so improved, bettered, or extended) or of any part of such undertaking;

      5.  When determined by its city council to be in the public interest and necessary for the protection of the public health, to enter into and perform contracts, whether long term or short term, with any industrial or mining establishment for the provision and operation by the city of sewage facilities to abate or reduce the pollution of water caused by discharges of industrial or mining waste by the industrial or mining establishment and the payment periodically by the industrial or mining establishment to the city of amounts at least sufficient, in the determination of such city council, to compensate the city for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewerage facilities serving such industrial or mining establishment.

      6.  And notwithstanding any provision of this chapter to the contrary or in conflict herewith, to accept contributions or loans from the United States of America, or any department, instrumentality or agency thereof, for the purpose of financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking; and

      7.  To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties or in order to secure the payment of its bonds; provided, no encumbrance, mortgage or other pledge of property of the city is created thereby; and provided, no property of the city is liable to be forfeited or taken in payment of said bonds; and provided, no debt on the credit of the city is thereby incurred in any manner for any purpose.

      Section C.  The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking and the issuance in anticipation of the collection of the revenues of such undertaking of bonds to provide funds to pay the cost thereof may be authorized under this chapter by ordinance or resolution of the city council, which may be adopted at a regular meeting by a vote of a majority of the members elected to the city council; provided, however, that before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the city or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the city at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.010 to 350.200, inclusive.

 


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or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the city or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the city at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.010 to 350.200, inclusive. It shall not be necessary, any provisions in this charter and the laws of the State of Nevada to the contrary notwithstanding, to submit at an election, in addition to the question of issuing bonds for any of the aforesaid purposes, a question for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking. The city council, in determining such costs, may include all cost and estimated cost of the issuance of such bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period, and for six months thereafter, on money borrowed or which it is estimated will be borrowed pursuant to this chapter.

      Section D.  Revenue bonds issued under this chapter shall bear interest at such rate or rates not exceeding [five per centum (5%)] 6 percent per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding the estimated life of the undertaking but in no event beyond thirty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide. Said bonds shall be issued to the contractor in payment for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking, including all incidental expenses, or said bonds shall be sold. [at not less than par.] Said bonds may be sold at private sale to the United States of America or any agency, instrumentality, or corporation thereof. Unless issued to a contractor or sold to the United States of America or any agency, instrumentality, or corporation thereof, said bonds shall be sold at public sale after notice of such sale published once at least five days prior to such sale in a newspaper circulating in the city. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the city council may determine may be issued to the contractor or the purchaser or purchasers of bonds sold pursuant to this chapter. Said bonds and interim receipts or certificates shall be fully negotiable for all purposes.

      The city council may also provide in the ordinance or resolution authorizing the issuance of bonds under this chapter that the bonds, or such ones thereof as may be specified, shall, to the extent and in the manner prescribed, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.

      Section E.  Said bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon shall have ceased to be officers of the city issuing the same.

 


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any or all the persons whose signatures appear thereon shall have ceased to be officers of the city issuing the same. The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the undertaking for which said bonds are issued. The ordinance or resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

      Section F.  Any ordinance or resolution authorizing the issuance of bonds under this chapter, to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of an undertaking, may contain covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this chapter) as to:

      (a) The rates, fees, tolls, or charges to be charged for the services, facilities and commodities of said undertaking;

      (b) The use and disposition of the revenue of said undertaking;

      (c) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof;

      (d) The purpose or purposes to which the proceeds of the sale of said bonds may be applied and the use and disposition of such proceeds;

      (e) Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on said bonds or on the coupons thereof;

      (f) A fair and reasonable payment by the city to the account of said undertaking for the services, facilities or commodities furnished said city or any of its departments by said undertaking;

      (g) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such undertaking;

      (h) The insurance to be carried thereon and the use and disposition of insurance moneys;

      (i) Books of account and the inspection and audit thereof;

      (j) The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;

      (k) The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations;

      (l) The vesting in a trustee or trustees the right to enforce any covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed hereby;

      (m) A procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;

      (n) The manner of collecting the rates, fees, tolls, or charges for the services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking with the rates, fees, tolls, or charges for other [other] services, facilities, or commodities afforded by the municipality; and the discontinuance of the services, facilities, or commodities of the undertaking, as well as any other services, facilities or commodities afforded by the municipality, in the event that the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking are not paid.

 


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services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking with the rates, fees, tolls, or charges for other [other] services, facilities, or commodities afforded by the municipality; and the discontinuance of the services, facilities, or commodities of the undertaking, as well as any other services, facilities or commodities afforded by the municipality, in the event that the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking are not paid. Nothing in this section or in any other section of this chapter shall be deemed in any way to authorize any city to do anything in any manner or for any purpose which would result in the creation or incurring of a debt or indebtedness or the issuance of any instrument which would constitute a bond or debt within the meaning of any provision, limitation, or restriction of the constitution relating to the creating or incurring of a debt or indebtedness or the issuance of an instrument constituting a bond or a debt.

      Section G.  Revenue bonds issued under this chapter shall not be payable from or charged upon any funds, other than the revenue pledged to the payment thereof, nor shall the city issuing the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the city, nor shall any such bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the city. Each bond issued under this chapter shall recite in substance that said bond, including the interest thereon, is payable solely from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the city within the meaning of any constitutional, statutory, or charter limitation.

      Section H.  In the event that the city shall default in the payment of the principal or interest of any of the bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the city or the city council or officers, agents or employees thereof shall fail or refuse to comply with the provisions of this chapter or shall default in any agreement made with the holders of the bonds, any holders of bonds, or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to a state court of competent jurisdiction, or any other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.

      Upon such application such state court may appoint, and if the application is made by the holders of twenty-five per centum (25%) in principal amount of such bonds then outstanding, or any trustee for holders of such bonds in such principal amount, shall appoint a receiver of the undertaking. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the undertaking and each and every part thereof, and may exclude the city, its city council, officers, agents, and employees and all persons claiming under them wholly therefrom, and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and in the name of the city or otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the city with respect to the undertaking as the city itself might do.

 


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under them wholly therefrom, and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and in the name of the city or otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the city with respect to the undertaking as the city itself might do. Such receiver shall maintain, restore, insure, and keep insured, the undertaking, and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient, and shall establish, levy, maintain and collect such fees, tolls, rentals, and other charges in connection with the undertaking as such receiver may deem necessary or proper and reasonable, and shall collect and receive all revenues and shall deposit the same in a separate account, and apply such revenues so collected and received in such manner as the court shall direct.

      Whenever all that is due upon the bonds, and interest thereon, and upon any other notes, bonds or other obligations, and interest thereon, having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with bond holders shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, the court may in its discretion, and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the undertaking to the city, the same right of the holders of the bonds to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided. Such receiver shall, in the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.

      Section I.  Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power for the equal benefit and protection of all holders of bonds similarly situated:

      (a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the city and its city council, and any of its officers, agents, or employees, and to require and compel such city or such city council, or any such officers, agents, and employees to perform and carry out its and their duties and obligations under this chapter, and its and their covenants and agreements with bondholders;

      (b) By action or suit in equity to require the city and city council thereof to account as if they were the trustee of an express trust;

      (c) By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders;

      (d) Bring suit upon the bonds.

      No right or remedy conferred by this chapter upon any holder of bonds, or any trustee therefor, is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law.

 


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ê1967 Statutes of Nevada, Page 252 (Chapter 140, SB 6)ê

 

addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law.

      Section J.  The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter shall not affect the powers conferred by any other general or special law or charter provision. The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended notwithstanding that any special or general law or charter provision may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of a like undertaking and without regard to the requirement, restrictions, debt, or other limitations or other provisions contained in any other general or special law or charter provision, including, but not limited to, any restriction or limitation on the incurring of indebtedness of the issuance of bonds, Insofar as the provisions of this chapter are inconsistent with the provisions of any other general or special law or charter provision, the provisions of this chapter shall be controlling, except as otherwise herein provided.

      7.  To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.

      8.  To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.

      9.  To fix the amount of licenses and terms and manner of their issuance.

      10.  To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or in part within the city, including all theatres, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells, or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products, of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.

 


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ê1967 Statutes of Nevada, Page 253 (Chapter 140, SB 6)ê

 

as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.

      To prohibit and suppress all dogfights, prize fights, cockfights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions such as music or otherwise.

      To fix, impose and collect a license tax on street cars, telephones, gas meters, electric meters, water meters, or any other similar device for measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.

      To fix, impose and collect a license tax on and regulate all lawful professions, trades and callings, and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughterhouses, wood and fuel dealers, sewing-machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls or other mechanical devices, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors, or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any kind and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, drygoods stores of every, any and all kinds, boot and shoe stores, furniture stores, drugstores, undertakers, glass and crockery stores, tamale stands or shops, abstract or title companies or persons furnishing abstract of title, iron works, notion and notion shops, pipe and tobacco shops, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said council may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.

 


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ê1967 Statutes of Nevada, Page 254 (Chapter 140, SB 6)ê

 

shops, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said council may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.

      11.  To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles, and all automobiles, taxicabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses.

      12.  To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.

      13.  To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.

      14.  To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

      15.  To prevent and remove obstructions and encroachments upon the same.

      16.  To provide for and regulate crosswalks, curbs and gutters.

      17.  To name streets, avenues, or other public places, and to change the names thereof.

      18.  To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.

      19.  To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same free from snow or obstructions.

      20.  To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.

      21.  To regulate and prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, sign posts, awnings, poles for support of wires or cables, horse troughs or racks, or for posting hand-bills or advertisement.

      22.  To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.

      23.  To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.

 


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ê1967 Statutes of Nevada, Page 255 (Chapter 140, SB 6)ê

 

placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.

      24.  To regulate the operation of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding within the limits of the corporation.

      25.  To regulate or prohibit any public demonstrations and processions.

      26.  To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues, and public places.

      27.  To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams of horses.

      28.  To regulate the ringing of bells, blowing of horns, bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the street or sidewalks.

      29.  To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.

      30.  To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and 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 said city or other public places therein, railroad tracks, streetcar tracks, and connecting and terminal tracks.

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

      32.  To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossing of streets, alleys, avenues, and public places, and keep the same in repair within the limits of the city.

      33.  To require railroad companies to provide protection against injury to persons or property, to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such track may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.

      34.  To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

 


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ê1967 Statutes of Nevada, Page 256 (Chapter 140, SB 6)ê

 

      35.  To regulate the use of public streets, alleys, avenues, rights-of-way, easements and public places for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.

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

      37.  To provide for the lighting of the streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of gas, natural gas and electric and other lights and electric power.

      38.  To construct and maintain water works, gas works, electric light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.

      39.  To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.

      40.  To regulate and control the water and watercourses, ditches, flumes, within or leading to the city, and to regulate and control mill privileges within the city.

      41.  To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or public purposes; and to prevent all waste of water, and, if necessary, to secure said sources of water supply to purchase or lease the land from or upon which said water has been appropriated or applied. Also to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.

      42.  To fix the rate to be paid for the use of water furnished by the city, such rate to be fixed in accordance with the provisions of this act.

      43.  To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.

      44.  To regulate the construction, repair and use of vats, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifications shall be had by persons following said trade.

 


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ê1967 Statutes of Nevada, Page 257 (Chapter 140, SB 6)ê

 

      45.  To establish markets and market-houses, and to provide for the regulation and use thereof.

      46.  To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.

      47.  To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.

      48.  To provide for the inspection, measurement, or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.

      49.  To provide for the inspection and sealing of weights and measures.

      50.  To enforce the keeping and use of proper weights and measures by vendors.

      51.  To provide for and regulate the inspection of malt, vinous, fermented, and spirituous liquors.

      52.  To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.

      53.  To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, hide or junk warehouses, soap factories, foundries, breweries, distilleries, livery stables and blacksmith shops in, or within one mile of the limits of, the corporation.

      54.  To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pigsty, barn, corral, sewer or other unwholesome house or place, to cleanse, abate, or remove the same, and to regulate the location thereof.

      55.  To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporation limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.

      56.  To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.

      57.  To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons, and others for default therein.

 


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ê1967 Statutes of Nevada, Page 258 (Chapter 140, SB 6)ê

 

      58.  To provide for the burial of the indigent dead and to pay the expenses thereof.

      59.  To authorize the taking and to provide for safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.

      60.  To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.

      61.  To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.

      62.  To prescribe the manner of constructing stone, brick, and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.

      63.  To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.

      63 1/2.  To adopt a building code regulating the construction, erection, enlargement, raising, alteration, repair, removal, maintenance, use, and height of buildings, including all plumbing and electric wiring therein and connected therewith, regulating the character and use of material in and for buildings, the nature and extent of occupancy of lots by proposed buildings, the restriction of building lines with reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zone, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction and which application shall be subject to approval or rejection or limited or provisional approval in the discretion of said city council if not fully complying with said building code, and providing in greater detail each, any, or all of the matters and things described in subsections 61, 62 and 63 of said section 33 of chapter 2 of said act; provided, however that said building code may be adopted by resolution of said city council and thereafter amended, changed, enlarged, or extended by resolution of said council, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for such purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said council shall cause a brief notice of such adoption to be published at least twice in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said council requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.

 


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ê1967 Statutes of Nevada, Page 259 (Chapter 140, SB 6)ê

 

adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said council shall cause a brief notice of such adoption to be published at least twice in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said council requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.

      64.  To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.

      65.  To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.

      66.  To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.

      67.  Except as otherwise provided by law to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the council may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.

      68.  To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.

      69.  To prohibit cruelty to animals.

      70.  To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound keeper, and prescribe his duties, and to restrain and impound animals running at large, and to provide for the sale of the same. The proceeds arising from the sale of such animals after the payment of all costs, shall go to the city treasury to be disposed of according to law.

      71.  To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the council may deem proper.

      72.  To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.

 


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ê1967 Statutes of Nevada, Page 260 (Chapter 140, SB 6)ê

 

common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.

      73.  To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants and persons found in said city without visible means of support or some ligitimate business.

      74.  To prevent intoxication, fighting, quarreling, dogfights, cockfights, prize fights, bullfights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled is obtained by false pretense does not exceed in value the sum of one hundred dollars.

      75.  To regulate and prohibit the carrying of concealed weapons.

      76.  To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.

      77.  To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed, or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes; and also to punish, prohibit and regulate the use, possession, sale, gift or other disposition of narcotic drugs in the city, including but not limited to cannabis, indica, cocaine, yen shee, morphine, marijuana, codeine, heroin, anhalonium (peyote or mescal button).

      78.  To provide for and regulate the numbering of houses and lots.

      79.  To 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; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the council shall not have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.

      80.  To erect, lease, acquire, and maintain all needful buildings for the use of the city.

      81.  The city council shall have the power to condemn property for public use.

      82.  To declare by ordinance that any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the City of North Las Vegas whenever such offense is committed within the boundaries of said city.

 


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ê1967 Statutes of Nevada, Page 261 (Chapter 140, SB 6)ê

 

by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the City of North Las Vegas whenever such offense is committed within the boundaries of said city.

      83.  To issue or deny licenses for gaming houses or gaming games and bars, saloons, or any other place or places where alcoholic beverages are sold, and to suspend or revoke any such licenses issued when there is, in the judgment of the majority of the city council, sufficient reason for such suspension or revocation.

      Sec. 57.  Section 15.01 of Article XV of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as amended by chapter 356, Statutes of Nevada 1963, at page 775, is hereby amended to read as follows:

      Section 15.01.  1.  The city council shall have the power to borrow money from time to time to defray, wholly or in part, the cost of acquiring the facilities, or for any other public purpose as determined by the city council, notwithstanding that such purpose is not otherwise enumerated in this charter or any other general or special act, and to issue debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds and notes (hereafter sometimes collectively referred to in this article as “securities”) to evidence such borrowing.

      2.  The council may pledge the full faith and credit of the city for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the general obligations of the city payable from the proceeds of general (ad valorem) taxes (hereafter sometimes referred to in this section as “tax proceeds”) levied without limitation of rate or amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as “other revenues of the city”). Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created additionally to secure their payment.

      3.  The council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged, and their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine. Securities issued pursuant to this subsection 3 or the next-preceding subsection 2 of this section 15.01 shall not be construed to be a debt within the meaning of any statutory or charter limitation.

      4.  (a) Each series of securities shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, shall mature at any time or times from and after such date or dates, but in no event exceeding 35 years thereafter, and shall bear interest at a rate or rates not exceeding 6 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons appertaining to any securities may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance; and such securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the state as determined by the council; and such securities, at the option of the council, may be in one or more series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of such securities so redeemed as determined by the council.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 262 (Chapter 140, SB 6)ê

 

or denominations, shall mature at any time or times from and after such date or dates, but in no event exceeding 35 years thereafter, and shall bear interest at a rate or rates not exceeding 6 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons appertaining to any securities may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance; and such securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the state as determined by the council; and such securities, at the option of the council, may be in one or more series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of such securities so redeemed as determined by the council.

      (b) Each series of securities issued pursuant to subsection 2 of this section 15.01 shall mature, insofar as practicable, in substantially equal annual installments of principal, or upon an amortization plan for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city; but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or at the option of the council without limitation as to the manner in which they mature.

      (c) Each series of securities issued pursuant to subsection 3 of this section 15.01 may mature without limitation as to time, manner or amount but not exceeding the maximum term heretofore specified.

      (d) Securities may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon; and the securities generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into securities of other denominations, and with such other details, as may be provided by the council in the ordinance or ordinances authorizing the securities, except as herein otherwise provided.

      (e) Pending preparation of the definitive securities, interim or temporary securities, in such form and with such provisions as the council may determine, may be issued.

      (f) Except for payment provisions herein expressly provided, the securities, any interest coupons thereto attached, and such interim or temporary securities shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities.

      (g) Notwithstanding any other provision of law, the council, in any proceedings authorizing securities hereunder:

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 263 (Chapter 140, SB 6)ê

 

             (1) May provide for the initial issuance of one or more securities (in this paragraph (g) called “bond”) aggregating the amount of the entire issue or any portion thereof.

             (2) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable.

             (3) May provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.

             (4) May make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into securities of smaller denominations, which securities of smaller denominations may in turn be either coupon securities or securities registrable as to principal, or both principal and interest, at the option of the holder.

      (h) If lost or completely destroyed, any security may be reissued in the form and tenor of the lost or destroyed security upon the owner’s furnishing, to the satisfaction of the council:

             (1) Proof of ownership.

             (2) Proof of loss or destruction.

             (3) A surety bond in twice the face amount of the security and coupons.

             (4) Payment of the cost of preparing and issuing the new security.

      (i) Any security shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the treasurer, with the seal of the city affixed thereto and attested by the clerk.

      (j) Except for such securities which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the securities and shall bear the original or facsimile signature of the treasurer.

      (k) Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any security or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.

      (l) The clerk may cause the seal of the municipality to be printed, engraved, stamped or otherwise placed in facsimile on any security. The facsimile seal has the same legal effect as the impression of the seal.

      (m) The securities and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.

      (n) Any officer herein authorized or permitted to sign any security, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the security or coupons pertaining thereto, or upon both the security and such coupons.

 


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ê1967 Statutes of Nevada, Page 264 (Chapter 140, SB 6)ê

 

of his predecessor in office in the event that such facsimile signature appears upon the security or coupons pertaining thereto, or upon both the security and such coupons.

      (o) The securities shall otherwise be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details as may be determined by the ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.

      5.  Any ordinance authorizing the issuance of securities pursuant to subsection 2 or 3 of this section 15.01 or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:

      (a) The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of any revenue-producing project, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.

      (b) The acquisition, improvement or equipment of all or any part of any revenue-producing project.

      (c) The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.

      (d) A fair and reasonable payment by the city from its general fund or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.

      (e) The purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof.

      (f) The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any revenues pledged for the payment of securities and the creation of future liens and encumbrances thereagainst, and limitations thereon.

      (g) The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the city.

      (h) The determination or definition of revenues from any revenue-producing project or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 265 (Chapter 140, SB 6)ê

 

such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.

      (i) The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.

      (j) Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project herein authorized.

      (k) The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.

      (l) Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.

      (m) The vesting in a corporate or other trustee or trustees of such property rights, powers and duties in trust as the city may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.

      (n) The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.

      (o) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of securities may be amended or abrogated, the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.

      (p) Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.

      (q) The terms and conditions upon which the holders of the securities or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby.

      (r) The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the revenue-producing project, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the city itself might do.

      (s) A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.

      (t) The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 266 (Chapter 140, SB 6)ê

 

      (u) All such acts and things as may be necessary or convenient or desirable in order to secure the city’s securities, or in the discretion of the council tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the city power to do all things in the issuance of securities and for their security except as herein specifically limited.

      6.  The council is hereby authorized to sell securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale. [, and for not less than the principal amount thereof and accrued interest to the date of delivery. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly; but the] The council may employ legal, fiscal, engineering and other expert services in connection with the authorization, issuance and sale of such securities.

      7.  Except as hereinafter provided, the question of the issuance of such securities shall be submitted to, and carried by a majority vote of, both the real property owners and their spouses and also the other qualified electors of the city voting thereon at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.020 to 350.070, inclusive, and the general laws of the state; but the council may dispense with the requirement for an election by the unanimous vote of all members of the council (excluding the mayor) and submit a resolution authorizing the securities to the referendum procedure hereafter provided. In that event, and in the case of every franchise (no election being required on franchises except as hereafter provided), the council shall first pass a resolution which shall set forth fully, and in detail, the purpose or purposes of the proposed securities, the terms, amount, maximum rate of interest, and time within which redeemable and on what fund; or the applicant for, the purpose and character of, terms, time, and conditions of the proposed franchise, as the case may be. Such resolution shall be published in full in some newspaper published in the city or county, for at least two publications in the 2 weeks succeeding its passage. On the first regular meeting of the council, after the expiration of the period of such publication, the council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the issuing of the securities, or the granting of the franchise, as the case may be; provided, that such securities shall be issued or franchise granted, as the case may be, only on substantially the same terms and conditions as expressed in the resolution as published; otherwise such ordinance shall be null and void.

      Sec. 58.  1.  The purpose of the legislature in enacting this section is to authorize the application of the liberalizing provisions relating to interest, discount and time of issuance or sale of public securities contained in this act to securities authorized at an election held before, but unsold upon, the effective date of this act. The legislature finds that this exercise of its plenary power is advisable in view of the highly unsatisfactory bond marketing experiences of public issuers which have resulted from an unanticipated rise in interest rates, and is necessary to avoid the postponement of essential public projects.

 


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ê1967 Statutes of Nevada, Page 267 (Chapter 140, SB 6)ê

 

      2.  Notwithstanding the provisions of any other law, general or special, or of any special charter, where the issuance of any bond or other evidence of indebtedness by this state or by any political subdivision thereof has been authorized at an election held before the effective date of this act pursuant to any law then in effect, whether or not a question has been submitted to the electorate which set forth a lower maximum rate of interest, such bond or other evidence of indebtedness may be issued and sold without any further election:

      (a) At a maximum interest rate of not more than 6 percent per annum.

      (b) At a discount of not more than 6 percent of the principal amount, but the net interest cost to the issuer, including any discount, shall not exceed 6 percent per annum computed to maturity according to standard tables of bond values.

      (c) At any time prior to the expiration of 6 years from the date of the election authorizing such issue.

      Sec. 59.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 141, SB 71

Senate Bill No. 71–Committee on Judiciary

CHAPTER 141

AN ACT to amend NRS 78.330, relating to the election of directors of private corporations, by specifying the circumstances under which the total number of directors can be reduced to less than three; and providing other matters properly relating thereto.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 78.330 is hereby amended to read as follows:

      78.330  1.  The directors of every corporation shall be chosen at the annual meeting of the stockholders thereof, to be held at the time and place provided for by the bylaws, by a plurality of the votes cast at such election. But if for any reason such directors shall not be elected at the annual meeting of the stockholders, they may be elected at any special meeting of the stockholders which is called and held for that purpose.

      2.  At least one-fourth in number of the directors of every corporation shall be elected annually.

      3.  Unless otherwise provided in the certificate or articles of incorporation, or an amendment thereto, the number of directors of any corporation organized under the provisions of this chapter may from time to time be increased or decreased in such manner as shall be provided in the certificate or articles of incorporation, or an amendment thereto, or by the bylaws of the corporation; but the number shall not be reduced to less than three [.] , except that, in cases where all the shares of the corporation are owned beneficially and of record by either one or two stockholders, the number of directors may be less than three but not less than the number of stockholders.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1967 Statutes of Nevada, Page 268ê

 

CHAPTER 142, SB 298

Senate Bill No. 298–Clark County Delegation

CHAPTER 142

AN ACT relating to the abandonment or vacation of streets; to provide that counties may buy, sell or exchange property with owners of property abutting streets and roads for the purpose of realignment, change or vacation of such streets and roads; and providing other matters properly relating thereto.

 

[Approved March 21, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any county may buy, sell or exchange property, when deemed necessary or proper to realign, change, vacate or otherwise adjust any of the streets, alleys, avenues or other thoroughfares, or portions thereof, within its limits in the manner set forth in subsection 2.

      2.  Whenever a petition signed by all property holders owning or controlling property abutting on any street, avenue, alley or other thoroughfare, which may be affected by realignment, change, vacation or adjustment, is presented to any board of county commissioners, praying to have such street, alley, avenue or other thoroughfare realigned, changed, vacated or otherwise adjusted, the board of county commissioners may make such realignment, change, vacation or other adjustment as it may deem proper, by purchase, sale or exchange of county property, including portions of streets, alleys, avenues or other thoroughfares, in order to carry out any necessary realignment, change, vacation or other adjustment whenever the board of county commissioners considers it to be in the best interests of the county.

      Sec. 2.  NRS 278.480 is hereby amended to read as follows:

      278.480  1.  Any person, firm or corporation desiring the vacation or abandonment of any street or portion thereof shall file a petition in writing, signed by not less than three freeholders [who reside in] owning lands within the area affected by the proposed vacation and abandonment, with the governing body having jurisdiction.

      2.  If there be a planning commission, the governing body shall refer the petition to the planning commission, which shall report thereon to the governing body as set forth in NRS 278.240.

      3.  Whenever any streets are proposed to be vacated, the governing body shall cause the streets to be posted with a notice setting forth the extent of the proposed abandonment and setting a date for public hearing, which date shall be not less than 30 days and not more than 40 days subsequent to the date of posting of the street.

      4.  If, upon public hearing, the governing body is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street to be vacated.

      5.  The order shall be recorded in the office of the county recorder, and upon such recordation title to the street shall revert to the abutting property owners.

 


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ê1967 Statutes of Nevada, Page 269 (Chapter 142, SB 298)ê

 

      6.  Any easement for light and air adjacent to any vacated street is vacated upon the vacation of the street.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 143, SB 4

Senate Bill No. 4–Senator Hug

CHAPTER 143

AN ACT relating to the sale or lease of lands owned by a school district; to authorize the board of trustees to sell such lands for deferred payments and to employ a broker for making a sale or lease; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 393 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  After the real property has been appraised as provided in NRS 393.240 the board of trustees may sell or lease such real property:

      (a) To a responsible bidder in the manner provided by NRS 393.250 to 393.300, inclusive; or

      (b) Through a licensed real estate broker. No exclusive listing may be given. In all listings, the board of trustees shall specify the minimum price or rental, the terms of sale or lease, and the commission to be allowed, which shall not exceed the normal commissions prevailing in the community at the time.

      2.  All sales may be made for cash, or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of trustees shall specify.

      Sec. 2.  NRS 393.250 is hereby amended to read as follows:

      393.250  1.  After receiving the report of the appraisers and before ordering the sale or lease of any property, the board of trustees shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to sell the property, or a resolution declaring its intention to lease it, as the case may be.

      2.  The resolution shall:

      (a) Describe the property proposed to be sold or leased in such manner as to identify it.

      (b) Specify the minimum price or rental, and the terms upon which it will be sold or leased, [. All sales shall be made for cash.] and the commission, if any, which shall not exceed the normal commissions prevailing in the community at the time, which the board will pay to a licensed real estate broker.

      (c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board of trustees to be held at its regular place of meeting, at which sealed proposals to purchase or lease will be received and considered.

 


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ê1967 Statutes of Nevada, Page 270 (Chapter 143, SB 4)ê

 

of the board of trustees to be held at its regular place of meeting, at which sealed proposals to purchase or lease will be received and considered.

      Sec. 3.  NRS 393.280 is hereby amended to read as follows:

      393.280  1.  Before accepting any written proposal, the board of trustees shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to purchase the property or to lease the property, as the case may be, upon the terms and conditions specified in the resolution, for a price or rental exceeding by at least 5 percent the highest written proposal, [then the highest oral bid which is made by a responsible person shall be finally accepted.] after deducting the commission, if any, to be paid a licensed real estate broker in connection therewith, then the oral bid which is the highest after deducting any commissions to be paid a licensed real estate broker in connection therewith, which is made by a responsible person, shall be finally accepted.

      2.  If a sale or lease is made on a higher oral bid to a purchaser procured by an authorized, licensed real estate broker, other than the broker who submitted the highest written proposal, the board shall allow a commission on the full amount for which the sale is confirmed. One-half of the commission on the amount of the highest written proposal shall be paid to the broker who submitted it, and the balance of the commission on the purchase price to the broker who procured the purchaser to whom the sale was confirmed. If a sale or lease is made on a higher oral bid to a purchaser not procured by a licensed real estate broker, the board shall allow one-half of the commission on the amount of the highest written proposal, if such highest written proposal was submitted by a licensed real estate broker.

      Sec. 4.  NRS 393.310 is hereby amended to read as follows:

      393.310  Any resolution of acceptance [of any bid] made by the board of trustees of any bid or any sale through an authorized broker shall authorize and direct the president of the board of trustees to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessee with all the terms or conditions of his contract which are to be performed concurrently therewith.

      Sec. 5.  NRS 393.230 is hereby repealed.

      Sec. 6.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 144, AB 176

Assembly Bill No. 176–Mr. Close

CHAPTER 144

AN ACT to amend NRS 31.180, relating to attachments, by allowing the plaintiff and defendant to stipulate that an attachment may be released; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 31.180 is hereby amended to read as follows:

      31.180  1.  Whenever the defendant shall have appeared in the action, he may apply, upon reasonable notice to the plaintiff, to the court in which the action is pending, or to the judge thereof, for an order to discharge the attachment, wholly or in part, upon the execution and filing of the undertaking mentioned in NRS 31.190.

 


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ê1967 Statutes of Nevada, Page 271 (Chapter 144, AB 176)ê

 

which the action is pending, or to the judge thereof, for an order to discharge the attachment, wholly or in part, upon the execution and filing of the undertaking mentioned in NRS 31.190. Such order may be granted directing the release from the operation of the attachment, upon the filing of such undertaking and the justification of the sureties thereon, if required by the plaintiff, of all or any part of the property, money, debts or credits attached, as the case may be. All the proceeds of sales and moneys collected by the sheriff, and all the property attached remaining in his hands, so released, shall be delivered or paid to the defendant upon the filing of such undertaking and making such justification, if required by the plaintiff.

      2.  The plaintiff and defendant may stipulate in writing that the attachment of defendant’s property may be released wholly or in part. Upon the filing of such a stipulation, the sheriff shall release the property pursuant to the stipulation.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 145, AB 234

Assembly Bill No. 234–Mr. Swackhamer

CHAPTER 145

AN ACT relating to offices of district attorneys; increasing the size of counties in which district attorneys may maintain offices other than at the county seat; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 252.050 is hereby amended to read as follows:

      252.050  1.  In counties where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United States exceeded [1,500,] 2,500, district attorneys shall keep an office at the county seat of their county, which shall be kept open on all days except Sundays and nonjudicial days from 9 a.m. to 12 m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p.m. to 5 p.m. Notwithstanding the provisions of this section, the board of county commissioners of any county may, by an order regularly made and entered in the record of its proceedings, designate the days and hours during which the office of the district attorney shall be kept open for the transaction of public business. Any order so made and entered shall require the office to be kept open for not less than 40 hours during each week for the transaction of public business. The provisions of this subsection shall not apply to a district attorney when called away from his office by official duties.

      2.  In counties where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United States were [1,500] 2,500 or less, a district attorney shall not be required to keep an office at the county seat of the county, but may, at his own expense, locate, equip and maintain an office anywhere within the boundaries of the county.

 


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ê1967 Statutes of Nevada, Page 272 (Chapter 145, AB 234)ê

 

expense, locate, equip and maintain an office anywhere within the boundaries of the county. Any district attorney who locates, equips and maintains an office elsewhere than at the county seat of his county shall first give written notice thereof to the board of county commissioners. Any office so located, equipped and maintained shall be kept open for the transaction of public business on the days and during the hours specified in subsection 1, but the requirements thereof shall not apply to a district attorney when called away from his office by official duties.

      3.  Any district attorney violating the provisions of subsection 1 or 2 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $30, or by imprisonment in the county jail not less than 5 days nor more than 15 days. If any district attorney shall absent himself from his office, except:

      (a) When called away from his office by official duties; or

      (b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or

      (c) When he first makes provision to leave his office open for the transaction of public business on the days and during the hours prescribed in subsection 1 and in charge of a deputy duly qualified to act in his absence,

there shall be withheld from his monthly salary that proportion thereof as the number of days of the absence bears to the number of days of the month in which such absence occurs. Such sum shall be withheld from payment of salary to the district attorney for the next succeeding month by order of the board of county commissioners; but no order in the premises shall be made without first giving him reasonable notice and an opportunity to appear before the board and defend the charge against him.

      4.  Notwithstanding any other provision of this section, the district attorney in each county having a population of 700 or less, as determined by the last-preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of where he resides or where he keeps his office, shall:

      (a) Attend all meetings, regular or special, of the board of county commissioners.

      (b) Spend the hours from 9 a.m. to 5 p.m. of not less than 1 day each week at the county seat, and shall make himself available to the county officers during such hours. The district attorney shall select the day of the week for his attendance at the county seat and shall thereafter spend such day each week at the county seat.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1967 Statutes of Nevada, Page 273ê

 

CHAPTER 146, AB 354

Assembly Bill No. 354–Committee on State, County and City Affairs

CHAPTER 146

AN ACT to repeal NRS 234.030 to 234.120, inclusive, relating to the Colorado River boundary commission.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 234.030 to 234.120, inclusive, are hereby repealed.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 147, AB 286

Assembly Bill No. 286–Mr. Jacobsen

CHAPTER 147

AN ACT to delete certain statutory requirements for audits by water and sanitation districts which were superseded by enactment of the Local Government Budget Act; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 311.100 is hereby amended to read as follows:

      311.100  Except as otherwise provided in NRS 311.125:

      1.  After taking oath and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person. Such board shall adopt a seal and the secretary shall keep, in a well-bound book, a record of all of its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts, which shall be open to inspection of all owners of real property in the district as well as to all other interested persons.

      2.  The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the county clerk, at the expense of the district, a corporate fidelity bond in an amount not less than $5,000, conditioned on the faithful performance of the duties of his office.

      3.  Each member of the board shall receive as compensation for his service a sum not in excess of $180 per year, payable monthly. No member of the board shall receive any compensation as an employee of the district or otherwise, other than that herein provided, and no member of the board shall be interested in any contract or transaction with the district, except in his official representative capacity.

      4.  [The board of directors shall cause an audit to be made of all financial affairs of the district during each year ending November 30, which audit shall be made during the last month of each calendar year.

 


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ê1967 Statutes of Nevada, Page 274 (Chapter 147, AB 286)ê

 

which audit shall be made during the last month of each calendar year. A financial statement shall be certified by the person making such audit, which shall be published in a newspaper of general circulation in the district, in one issue during the first week of January following such audit. Such audit shall be made by a public accountant or certified public accountant, who is not otherwise employed by the district.

      5.]  The court having jurisdiction of the district shall have the power to remove directors for cause shown, on petition, notice and hearing.

      Sec. 2.  NRS 311.125 is hereby amended to read as follows:

      311.125  1.  In every county having a population of 120,000 or more, as shown by the most recent decennial census of the Bureau of the Census, United States Department of Commerce, the board of county commissioners shall be, ex officio, the board of directors of each district organized pursuant to this chapter before or after March 31, 1965.

      2.  When the board of directors of any district is so constituted, the following special provisions shall apply and supersede the corresponding provisions of NRS 311.090 to 311.120, inclusive:

      (a) The members need not file the oath of office or bond required by NRS 311.090.

      (b) The members of the board of county commissioners shall receive no additional compensation as directors of the district.

      (c) The chairman of the board of county commissioners shall be chairman of the board and president of the district.

      (d) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of such offices. No additional bond may be required of the county treasurer as ex officio district treasurer.

      (e) No member of the board of county commissioners may be removed from the office of director under the authority of subsection [5] 4 of NRS 311.100, but any such member shall be automatically removed from such office upon his removal from the office of county commissioner in the manner provided by law.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 148, SB 369

Senate Bill No. 369–Senator Swobe

CHAPTER 148

AN ACT authorizing and directing the division of forestry of the state department of conservation and natural resources to convey a parcel of real property to Washoe County; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Notwithstanding the provisions of NRS 232.158 or any other law, the division of forestry of the state department of conservation and natural resources is hereby authorized and directed to convey to Washoe County by quitclaim deed and without consideration the following-described premises:

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 275 (Chapter 148, SB 369)ê

 

Washoe County by quitclaim deed and without consideration the following-described premises:

 

All that certain tract, piece or parcel of land situate, lying and being in the northwest quarter of Section 3, T. 16 N., R. 19 E., M.D.B. & M., and more particularly described as follows, to wit:

       Start at the north quarter section corner of Section 3, T. 16 N., R. 19 E., M.D.B. & M., a brass cap; thence S. 54°52ʹ30ʺ W., 1361.82 feet to a point in the westerly right-of-way of U.S. Highway 395, the true point of beginning; thence, from a tangent bearing of S. 29°20ʹ18ʺ W. on a curve to the left having a radius of 2,030.00 feet and a total curvature of 1°41ʹ36ʺ, a distance of 60.00 feet along the curve and such right-of-way of U.S. Highway 395 to a point; thence N. 61°31ʹ W. 100.00 feet to a point; thence N. 28°29ʹ E., 59.99 feet to a point; thence S. 61°31ʹ E., 100.00 feet to the true point of beginning and containing an area of 0.138 acre, more or less.

 

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 149, SB 382

Senate Bill No. 382–Senator Swobe

CHAPTER 149

AN ACT relating to investments of local governments; establishing additional allowable investments for funds; providing for the application of interest earned on such investments; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 355.170 is hereby amended to read as follows:

      355.170  1.  A board of county commissioners or the governing body of an incorporated city may purchase:

      (a) Bonds and debentures of the United States, the maturity dates of which shall not extend more than 10 years from the date of purchase;

      (b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended;

      (c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase,

when, in the opinion of the board of county commissioners or the governing body of the city, there are sufficient moneys in any fund or funds in such county or city, the use of which for the purpose of purchasing the type of bonds herein referred to will not result in the impairment of such fund or funds for the purposes for which the same were created.

 


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ê1967 Statutes of Nevada, Page 276 (Chapter 149, SB 382)ê

 

      2.  When the board of county commissioners or governing body of the city has determined that there are available moneys in any fund or funds for the purchase of bonds as set out in subsection 1, such purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds shall be credited to the funds in the amounts purchased, and the moneys received from the redemption of such bonds, as and when redeemed, shall go back into the fund or funds from which the purchase money was taken originally.

      3.  Any interest earned on funds invested pursuant to subsection 2 of this section, may, at the discretion of the board of county commissioners or governing body of the city, be credited either to the fund from which the principal was taken or to the general fund of the county or incorporated city.

      4.  The board of county commissioners or governing body of an incorporated city may invest any moneys apportioned into funds and not invested pursuant to subsection 2 of this section and any moneys not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which shall not be more than 1 year from the date of investment. Such investments shall be considered as cash for accounting purposes, and all the interest earned thereon shall be credited to the general fund of the county or incorporated city.

      5.  This section does not authorize the investment of moneys administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of such contract, agreement or grant.

      Sec. 2.  Chapter 355 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The governing body of any local government or agency, whether or not it is included in the provisions of chapter 354 of NRS, may direct its treasurer or other appropriate officer to invest its moneys or any part thereof in any investment which is lawful for a county or incorporated city pursuant to NRS 355.170.

      2.  In case of conflict, any order made pursuant to subsection 1 of this section shall take precedence over any other order concerning the same moneys or funds pursuant to subsection 4 of NRS 355.170.

      3.  Any interest earned from investments made pursuant to this section shall be credited, at the discretion of the local governing unit, to any fund under its control, such designation to be made at the time of investment of the principal.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1967 Statutes of Nevada, Page 277ê

 

CHAPTER 150, AB 143

Assembly Bill No. 143–Washoe County Delegation

CHAPTER 150

AN ACT to repeal NRS 354.260, relating to county finances, by abolishing the county board of examiners and certain audits of the county treasurer; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 354.260 is hereby repealed.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 151, SB 116

Senate Bill No. 116–Senators Herr, Bunker and Alleman

CHAPTER 151

AN ACT to amend NRS 6.150, relating to the compensation of jurors, by increasing such compensation.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 6.150 is hereby amended to read as follows:

      6.150  1.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice’s court, unless on or before the day he is summoned to attend he is excused by the court at his own request from serving, shall receive [$6] $9 per day for each day he may be in attendance in response to the venire or summons, which shall include Sundays and holidays.

      2.  Each grand juror and trial juror in the district court or justice’s court actually sworn and serving shall receive [$10] $15 per day each as full compensation for each day of service.

      3.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice’s court and each grand juror and trial juror in the district court or justice’s court shall receive 15 cents a mile for each mile necessarily and actually traveled by the shortest and most practical route, one way only. Where the mileage does not exceed 1 mile, no allowance shall be made therefor.

      4.  In civil cases, the per diem of each juror engaged in the trial of the cause shall be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who shall have demanded the jury. In case the party paying such fees shall be the prevailing party, the fees so paid shall be recoverable as costs from the losing party. If the jury from any cause be discharged in a civil action without finding a verdict and the party who demands the jury shall afterwards obtain judgment, the fees so paid shall be recoverable as costs from the losing party.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 278 (Chapter 151, SB 116)ê

 

      5.  The fees paid jurors by the county clerks for services in a civil action or proceeding (which he has received from the party demanding the jury) shall be deducted from the total amount due them for attendance as such jurors, and any balance shall be a charge against the county.

 

________

 

 

CHAPTER 152, AB 168

Assembly Bill No. 168–Messrs. Frank Young, Bryan Hafen, Roy Young, Howard, Glaser and Getto

CHAPTER 152

AN ACT to amend NRS 439.030, relating to the composition of the state board of health, by including a doctor of veterinary medicine as a member.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 439.030 is hereby amended to read as follows:

      439.030  1.  The state board of health is hereby created.

      2.  The state board of health shall consist of [five] six members to be appointed by the governor, two of whom shall be doctors of medicine who have been licensed to practice in this state and who have been engaged in the practice of medicine in this state for not less than 5 years immediately prior to their appointment, [and] one of whom shall be a doctor of dental surgery who has been licensed to practice in this state and who has been engaged in the practice of dentistry in this state for not less than 5 years immediately prior to his appointment [.] , and one of whom shall be a doctor of veterinary medicine who has been licensed to practice in this state and who has been engaged in the practice of veterinary medicine in this state for not less than 5 years immediately preceding his appointment.

 

________

 

 

CHAPTER 153, AB 342

Assembly Bill No. 342–Mr. Homer (By request)

CHAPTER 153

AN ACT to amend NRS 286.570, relating to eligibility for service retirement benefits under the public employees’ retirement system, by removing the requirement that members of the system be in the employ of a participating member at the time of retirement.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 286.570 is hereby amended to read as follows:

      286.570  [1.]  Any person employed by the state or its political subdivisions who is a participating member of the system, who has been employed for a period of 25 or more continuous years, and who leaves the employ of the state or its political subdivisions prior to the attainment of the minimum service retirement age, may elect to refuse the return of his contributions, and in place thereof, upon reaching minimum service retirement age, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 279 (Chapter 153, AB 342)ê

 

employed for a period of 25 or more continuous years, and who leaves the employ of the state or its political subdivisions prior to the attainment of the minimum service retirement age, may elect to refuse the return of his contributions, and in place thereof, upon reaching minimum service retirement age, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.

      [2.  No member shall be eligible for service retirement benefits, except as provided in the case of persons with 25 or more years of service, unless he is, at the time of retirement, in the employ of a participating member.]

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 154, AB 239

Assembly Bill No. 239–Committee on Judiciary

CHAPTER 154

AN ACT to amend chapter 247 of NRS, relating to county recorders, by adding a new section establishing a uniform fee schedule; to repeal NRS sections 247.225 to 247.300, inclusive, relating to fees of county recorders in specially designated counties; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 247 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Except as otherwise specifically provided by law, county recorders shall charge and collect the following fees:

 

For recording any document, for the first page............................   $3.00

For each additional page..............................................     1.00

For copying any record, for the first page.....................................     1.00

For each additional page..............................................       .50

For certifying, including certificate and seal, for the first seal.     1.00

For each additional seal................................................       .25

For recording or copying any document in a foreign language, double the normal fee.

 

      2.  No county recorder shall charge or collect any fees for any of the services herein specified rendered by him to the State of Nevada or the county, or any city or town within the county, or any officer thereof in his official capacity, except for copying of any document, including certificate and seal, for which the statutory fee shall be paid.

      3.  County recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      Sec. 2.  NRS 108.630 is hereby amended to read as follows:

      108.630  1.  Each county recorder shall maintain a hospital lien docket in which, upon the filing of any such notice of lien, he shall enter the name of the injured person, the approximate date of the injury, the name and address of the of the hospital filing the notice and the amount claimed; and he shall make an index thereto in the names of the injured persons.

 


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ê1967 Statutes of Nevada, Page 280 (Chapter 154, AB 239)ê

 

the name of the injured person, the approximate date of the injury, the name and address of the of the hospital filing the notice and the amount claimed; and he shall make an index thereto in the names of the injured persons.

      2.  Each county recorder shall [collect $1 for the filing of each notice of lien and shall, upon request, make certified copies thereof, charging 50 cents for each certified copy.] charge and collect the fees provided in section 1 of this act for the filing of each notice of lien and for making certified copies upon request.

      Sec. 3.  NRS 533.425 is hereby amended to read as follows:

      533.425  1.  As soon as practicable after satisfactory proof has been made to the state engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the state engineer shall issue to the holder of the permit, his assign or assigns, a certificate setting forth:

      (a) The name and post office address of the appropriator, his assign, or assigns.

      (b) The date, source, purpose and amount of appropriation.

      (c) If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.

      (d) The number of the permit under which the certificate is issued.

      2.  The certificate shall, within 30 days after its issuance, be sent by mail to the county recorder of the county in which such water is diverted from its source, as well as to the county recorder of the county in which the water is used, to be recorded in books specially kept for that purpose. The fee for recording such certificate, [which is hereby fixed in the sum of $1] as provided by law, for each county in which the record is made, shall be paid in advance to the state engineer by the person in whose favor the certificate is issued.

      Sec. 4.  NRS 247.225 to 247.300, inclusive, are hereby repealed.

 

________

 

 

CHAPTER 155, AB 238

Assembly Bill No. 238–Committee on Agriculture, Irrigation and Livestock

CHAPTER 155

AN ACT to amend NRS 532.195, relating to the state engineer’s revolving fund, by increasing the maximum amount.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 532.195 is hereby amended to read as follows:

      532.195  1.  The revolving fund in an amount not to exceed [$10,000,] $15,000, established out of the fees received from applications for permits to appropriate water and from proofs of appropriation pursuant to the provisions of chapter 107, Statutes of Nevada 1929, is hereby continued.

 


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ê1967 Statutes of Nevada, Page 281 (Chapter 155, AB 238)ê

 

to the provisions of chapter 107, Statutes of Nevada 1929, is hereby continued.

      2.  The money in the revolving fund may be used for the payment of emergency bills and expenses, and for no other purposes. All bills or demands paid from the fund shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the State of Nevada. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of such claim or claims in favor of the state engineer’s revolving fund to be paid to the order of the state engineer, and the state treasurer shall pay the same.

      3.  The state engineer is directed to deposit the revolving fund in one or more banks of reputable standing and to secure the deposit by depositary bonds satisfactory to the state board of examiners.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 156, AB 215

Assembly Bill No. 215–Mr. Getto

CHAPTER 156

AN ACT to amend chapter 62 of NRS, relating to juvenile courts, by adding a new section authorizing judges of the juvenile division of the district court to impose fines, recommend suspension or revocation of drivers’ licenses and order probation subject to certain conditions of juvenile traffic offenders; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 62 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Whenever any child is found to have violated a traffic law or ordinance, the judge, in his discretion, may do one, some or all of the following:

      1.  Impose a fine.

      2.  Recommend to the department of motor vehicles the suspension or revocation of the child’s operator’s license.

      3.  Order the child placed on probation and require his successful completion of a traffic survival school approved by the judge.

      4.  Order as a condition of probation that the child or his parents pay the reasonable cost or a part thereof of the child’s attending the approved traffic survival school.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1967 Statutes of Nevada, Page 282ê

 

CHAPTER 157, AB 160

Assembly Bill No. 160–Committee on Agriculture, Irrigation and Livestock

CHAPTER 157

AN ACT to amend chapter 561 of NRS, relating to the state department of agriculture, by adding a new section providing that the executive director shall have authority to participate in the investigation and prosecution of livestock thefts, and may temporarily stop the movement of livestock and carcasses for inspection; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 561 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The executive director shall have the authority to participate in the investigation and prosecution of any suspected theft, mutilation or malicious destruction of livestock, and may temporarily stop the movement of livestock and carcasses for purposes of inspection.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 158, SB 204

Senate Bill No. 204–Senator Monroe

CHAPTER 158

AN ACT validating all ordinances enacted, obligations incurred and other actions taken by the City of Wells pursuant to chapter 104, Statutes of Nevada 1927, as amended; repealing an act entitled “An Act to incorporate the town of Wells, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 24, 1927, as amended; providing for an election as a condition precedent to such repeal; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

      Whereas, The charter of the City of Wells, being chapter 104, Statutes of Nevada 1927, provided at the time of its enactment and still provides that it may be amended by vote of the electors of the city; and

      Whereas, The method of amendment so provided is not exclusive, because the legislature, having granted the charter, may amend or repeal it at any time; and

      Whereas, The charter has been several times amended by the legislature pursuant to its inherent reservation of this power; and

      Whereas, Questions have been raised concerning the validity of acts done, ordinances enacted and obligations incurred by the City of Wells pursuant to the amended provisions of its charter; and

      Whereas, The legislature finds and declares it advisable to validate the actions so taken; and

      Whereas, The legislature further finds that the general welfare of the State of Nevada and in particular of the inhabitants of the City of Wells will be served by affording such inhabitants the opportunity to adopt a new charter; and

 


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ê1967 Statutes of Nevada, Page 283 (Chapter 158, SB 204)ê

 

      Whereas, The legislature has before it a special act creating such new charter; now, therefore,

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  All ordinances enacted, obligations incurred and other actions taken by the board of councilmen or other duly authorized public officers and employees of the City of Wells pursuant to the charter of such city, being chapter 104, Statutes of Nevada 1927, as amended by vote of the people pursuant to section 79 thereof and as amended by subsequent acts of the legislature of the State of Nevada, are hereby validated, ratified, approved and confirmed. This section shall apply to all amendments of such charter by the 54th session of the legislature, whether enacted before or after passage and approval of this act.

      Sec. 2.  1.  The board of councilmen of the City of Wells shall submit to the qualified electors of the city at a municipal, primary, general or special election, within 2 years after passage and approval of this act, the question whether the city charter, being chapter 104, Statutes of Nevada 1927, as amended, shall be repealed. For the purpose of this section, “qualified elector” means a voter registered pursuant to chapter 293 of NRS at the time such election is held.

      2.  The board shall fix by resolution the election at which the question is to be submitted, and the date of such election if a special election is chosen. The board shall then cause to be published, not less than 15 days prior to the date of such election if the question is submitted at the municipal election of 1967, and not less than 30 nor more than 60 days prior to the date of any other election chosen, a notice that there will appear on the ballot the proposition for the repeal of the charter in substantially the following terms: “For the repeal of the charter” and “Against the repeal of the charter.”

      3.  The board may by resolution make any necessary provision for a special election not inconsistent with the election laws of this state; otherwise, the election shall be held in accordance with the election laws of this state. Following the election and canvass of returns, if it is found that a majority of the votes cast on the issue have been cast for the repeal of the charter, the board shall proclaim it repealed.

      4.  Upon the date of the proclamation of repeal provided in subsection 3, the charter of the City of Wells, being chapter 104, Statutes of Nevada 1927, as amended, shall by virtue of this act stand repealed; but if, following the election and canvass of returns, it is found that a majority of the votes cast on the issue have been cast against the repeal of the charter, such charter shall continue in full force and effect.

      Sec. 3.  Section 1 of this act shall become effective upon passage and approval. Section 2 of this act shall become effective only if there is enacted by the 54th session of the legislature of the State of Nevada a new charter for the City of Wells to become effective upon the date of repeal of the present charter.

 

________

 

 


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ê1967 Statutes of Nevada, Page 284ê

 

CHAPTER 159, SB 205

Senate Bill No. 205–Senator Monroe

CHAPTER 159

AN ACT incorporating the City of Wells, in Elko County, Nevada, and defining the boundaries thereof, under a new charter; providing that such charter shall become effective only if the original charter is repealed; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

CHAPTER I

 

Organization; Boundaries; Wards; Powers

 

      Section 1.  Creation of municipality.  All persons, inhabitants of that portion of Elko County, Nevada, embraced within the limits hereinafter set forth shall be and constitute a body politic and corporate by the name and style of “The City of Wells,” and by that name and style they and their successors shall be known in law, have perpetual succession, and sue and be sued in all courts. The territory embraced in the city is that certain land situate in the county of Elko, State of Nevada, described as follows:

      Commencing at the northwest corner of section 4, T. 37 N., R. 62 E., M.D.B. & M., running thence east along the north line of sections 4 and 3, 2 miles to the northeast corner of section 3, thence at right angles south 2 miles to the southeast corner of section 10, thence at right angles west 2 miles to the southwest corner of section 9, thence north at right angles 2 miles to the place of beginning, the northwest corner of section 4, being all of section 4, all of section 3, all of section 10, and all of section 9, all in T. 37 N., R. 62 E., M.D.B. & M.; and which shall include all of the inhabitants, lands, tenements and real and personal property within the boundaries and within the divisions and subdivisions of land hereinabove described, and all other lands and tenements validly annexed to the City of Wells after March 24, 1927, and prior to the effective date of this act, and also, such other and additional lands and tenements as may, at any time hereafter, be embraced or included within established limits of the city as provided by law. Such city shall have such powers, rights, authority, duties, privileges and obligations as are hereinafter set out and described.

      Sec. 2.  Election.  For the purpose of convenience of holding elections there shall be but one voting precinct. All elective officers shall be elected by the voters of the city at large.

      Sec. 3.  Specific powers.  The city has and is vested with all the rights, powers, property and things of every kind formerly belonging to the town of Wells or now belonging to the City of Wells; and shall assume and pay all bonds, obligations and indebtedness of the town or city of Wells now outstanding or which may exist at the time of the adoption of this charter; and may have and use a common seal and alter it at pleasure; and may purchase, receive, hold and enjoy real and personal property within or without the city, and sell, convey and dispose of the same for the common benefit; and may determine and declare what are public uses, for the purposes of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devises, gifts and donations of all kinds of property, within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every and all acts and things whatsoever necessary to carry out the purposes of such bequests, devises, gifts and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequest, devise, gift, donation or trust.

 


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ê1967 Statutes of Nevada, Page 285 (Chapter 159, SB 205)ê

 

for the common benefit; and may determine and declare what are public uses, for the purposes of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devises, gifts and donations of all kinds of property, within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every and all acts and things whatsoever necessary to carry out the purposes of such bequests, devises, gifts and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequest, devise, gift, donation or trust.

      Sec. 4.  General municipal powers and duties.  The City of Wells shall have and be vested with all powers and shall be charged with all duties provided:

      1.  By any general law, whether enacted before or after the effective date of this act, which applies to incorporated cities and which does not expressly exclude:

      (a) Cities chartered by special act of the legislature; or

      (b) The City of Wells.

      2.  By any special law, whether enacted before or after the effective date of this act, which expressly applies to the City of Wells.

 

CHAPTER II

 

Officers-Elections-Claims and Accounts-Ordinances-Arrests-Assessments

 

      Section 1.  Assumption of duties.  All officers and employees of the city shall assume and perform their duties pursuant to this charter when it becomes effective as provided in section 80 of this chapter.

      Sec. 2.  Officers, elective.  The elective officers of the City of Wells shall consist of a mayor and four councilmen; all of whom shall be selected from the city at large.

      Sec. 3.  Officers, election of; Election, when and how held; councilmen.  On the 1st Tuesday after the 1st Monday in May of each odd-numbered year, there shall be elected at large by the qualified resident voters of the City of Wells, at a general election to be held for that purpose, three councilmen. The councilman at each of such elections receiving the largest number of votes shall hold office for 4 years and the remaining two councilmen-elect shall hold office for 2 years. On the 1st Tuesday after the 1st Monday in May 1967, and at each successive interval of 4 years thereafter, there shall be elected at large by the qualified resident voters of the City of Wells, at the general election to be held in part for that purpose, a mayor. The mayor-elect and councilmen-elect shall hold office for their respective terms, which shall commence the first day of July following their election. The board of councilmen of the city shall order the general election and shall determine the place in the city for holding such election, and the mayor of the city shall make proclamation thereof. Otherwise the election and any special city election and the manner of holding such elections shall be governed by the laws of the State of Nevada governing general elections, so far as such laws may be applicable thereto; and in the event there should be any failure on the part of the general election laws of the state to provide for some feature of any city election, then the board of councilmen of the City of Wells has the power to provide for such deficiency.

 


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ê1967 Statutes of Nevada, Page 286 (Chapter 159, SB 205)ê

 

part of the general election laws of the state to provide for some feature of any city election, then the board of councilmen of the City of Wells has the power to provide for such deficiency.

      Registration for such elections and for any special city elections shall be had in the manner provided in the general election law.

      Appointment of the officers of election shall be made by the board of councilmen of the City of Wells. Ballots need not be in any particular form or of any particular paper or of any particular size, if such ballots clearly indicate the candidates to be voted for and the questions or propositions to be voted for or against.

      No candidate for office at such general elections is entitled to have his name placed upon the official ballot unless such candidate at least 20 days before the date of such election pays to the City of Wells by delivery to the city clerk the sum of $5 as a filing fee. In addition to paying such filing fee the candidate shall execute and file with the city clerk, coincidentally with the paying of such filing fee, a verified statement showing that the candidate possesses the qualifications as required by the provisions of section 6 of chapter II of this act, as amended, for the office for which he is a candidate.

      Each person desiring to become a candidate who has paid his filing fee and filed his verified statement as herein set forth is entitled to have his name placed upon the official ballot.

      Sec. 4.  Officers, election of; canvass of returns, when and by whom; tie vote procedure.  On the Tuesday following the election, or as soon thereafter as practicable, the board of councilmen of the City of Wells then in office shall canvass the returns and declare the election of the candidates receiving the highest number of votes. And in the event it should appear that a tie vote exists as to any two or more of the candidates for any office made elective by popular vote, the board of councilmen of the City of Wells shall forthwith summon the candidates who have received such tie votes to appear before the board, and the board in the presence of such candidates shall determine the tie by lot. The board of councilmen of the City of Wells shall thereupon cause to be issued to each of the successful candidates for the elective offices a certificate of election, and such certificate or certified copy thereof shall be received in evidence in any court in this state as prima facie evidence of the election of such officer.

      Sec. 5.  Officers, appointive and ex officio: Enumeration of; compensation.  The county assessor of the county of Elko shall be ex officio assessor of the City of Wells; the justice of the peace of Wells township, county of Elko, may if qualified pursuant to section 28 be ex officio police judge of the City of Wells by appointment of the board of councilmen, or the board may appoint a person other than the justice of the peace to be the police judge of the City of Wells; the city clerk shall be ex officio license collector of the City of Wells; the constable of Wells township, county of Elko, may be ex officio chief of police of the City of Wells by appointment of the board of councilmen or the board may appoint a person other than the constable to be the chief of police of the City of Wells. The assessor of the county of Elko and ex officio city assessor of the City of Wells shall perform the duties of his office for the city without extra compensation, but for the performance of the duties of city assessor relative to special assessments as provided in this act, the board of councilmen, upon the request of the city assessor, may appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments; and the board of councilmen shall fix and pay the deputy such compensation as they deem fit.

 


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ê1967 Statutes of Nevada, Page 287 (Chapter 159, SB 205)ê

 

duties of city assessor relative to special assessments as provided in this act, the board of councilmen, upon the request of the city assessor, may appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments; and the board of councilmen shall fix and pay the deputy such compensation as they deem fit. The assessor of the county of Elko, the justice of the peace and the constable of Wells township, county of Elko, and the chief of police shall be liable on their official bonds for the faithful discharge of their duties imposed on them by this act. The board of councilmen shall appoint a city clerk. The city clerk shall be ex officio city treasurer, the salary of the combined offices to be fixed, allowed and paid by the board. The board of councilmen shall appoint a city engineer with salary to be fixed, allowed and paid by the board. The board may also in its discretion appoint or employ a city attorney and a city auditor from time to time and compensate them for such legal advice and services as they may deem necessary. The board of councilmen may from time to time by affirmative vote of the entire board ordain and establish other offices with the right to fill such offices by appointment and prescribe the duties thereof. The duties and compensation of the appointive officers shall be fixed, allowed and paid by the board of councilmen out of such city funds as the board may designate. Any one or more of such appointive offices may, in the discretion of the board of councilmen, be combined and the duties thereof discharged by one person. The board of councilmen may fix, allow and pay a salary or fees to the ex officio judge and the constable serving as ex officio chief of police or the chief of police. The respective salaries or fees shall be set by the board of councilmen. City employees and officers, excluding the mayor and councilmen, may be allowed annually vacation leave with pay and sick leave with pay. The periods of leave respectively shall be established by the board of councilmen at their discretion. Temporary employees to relieve regular city employees shall be paid at a rate to be fixed by the board of councilmen.

      Sec. 6.  Officers, elective: Qualifications of.  The mayor and each of the four councilmen shall not be less than 25 years of age, citizens of the United States, and for at least two years immediately preceding their election residents of the City of Wells, qualified voters who are property owners and taxpayers in the city. All of the officers elected by popular vote shall, before the following July 1 after the result of the election is ascertained, qualify as required by this charter and the constitution and laws of the State of Nevada, and if an officer fails to do so within such time, his office shall be and become vacant.

      Sec. 7.  Official oath, qualification.  Every person elected by the voters of the city or by the board of councilmen to fill any office under this act shall, before entering on the duties of his office, take and subscribe to the official oath provided by the constitution of this state; and in addition he shall swear that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government of the City of Wells. All official bonds herein provided for shall be filed with the city clerk of the city, with the exception of the bond of the clerk, which shall be filed and recorded in the office of the county recorder of the county of Elko. All elective officers herein provided for shall enter upon their duties as of July 1, following their election and upon receiving their certificate of election and upon filing their oath of office and bond approved by the district judge as provided in this act.

 


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ê1967 Statutes of Nevada, Page 288 (Chapter 159, SB 205)ê

 

elective officers herein provided for shall enter upon their duties as of July 1, following their election and upon receiving their certificate of election and upon filing their oath of office and bond approved by the district judge as provided in this act.

      Sec. 8.  Officers, bonds of; approval by district judge.  All officers elected by popular vote, before entering upon the duties of their respective offices, shall give bond in the sum of $2,000, and the appointive office of city clerk and ex officio license collector shall require a bond in the sum of $5,000. The latter bond may be increased at the discretion of the board of councilmen. All other appointive officers whose bonds are not otherwise provided for in this charter shall give bond in such sum as may be fixed by the board of councilmen of the city, payable to the City of Wells, Elko County, Nevada, conditioned for the faithful discharge of the duties of the office, which bond shall be signed by the principal and by two or more good and sufficient sureties to be approved by the district judge. The sureties may become severally liable in amounts not less than $500 each, and each surety shall justify by subscribing to an affidavit annexed to the bond, to the effect that he is worth the sum for which he becomes liable, in property not exempt from execution, over his just debts and liabilities.

      Sec. 9.  Mayor and councilmen, salary of.  The mayor of the city shall receive as remuneration for his services the sum of $480 per annum, payable in equal monthly installments, and each of the councilmen shall receive the sum of $480 per annum, payable in the same manner. The compensation of the mayor and councilmen shall be allowed and paid out of such city funds as the board may designate.

      Sec. 10.  Councilmen not to hold other office; officers not to contract with city or make bonds to city; forfeiture of office.  No member of the board of councilmen shall hold other public office or employment under the county of Elko, nor have employment thereunder, nor receive compensation for any other position or office which is paid out of the public money of the City of Wells, nor be elected or appointed to any office created by or the compensation of which was increased or fixed by the board of councilmen while he was a member thereof. Nor shall any member of the board of councilmen of the City of Wells be pecuniarily interested directly or indirectly in any contract let by the city, nor in any matter wherein the rights or liberties of the City of Wells are, or may be, involved; nor shall any member of the board of councilmen of the City of Wells be interested directly or indirectly in any public work or contract let, supervised or controlled, or which is paid for wholly or in part by the city, nor shall any such councilman become the surety of any person on any bond or other obligation of the City of Wells.

      Any member of the board of councilmen of the city becoming interested directly or indirectly as aforesaid, or by commission, or retainer, or fee, or by gift, or loan given or received at the time of the transaction or before or after the same, in any contract, franchise, work, purchase or sale, by or with any agencies aforesaid, shall forfeit all rights or claim to the title and emoluments of the office which he may happen to hold in the city, and shall be expelled therefrom by the board of councilmen. If the board of councilmen fail to remove such member of the board of councilmen, guilty as aforesaid, he shall nevertheless be subject to removal upon the action of any five citizens taken in the district court of Elko County in such proceedings as are appropriate and proper.

 


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ê1967 Statutes of Nevada, Page 289 (Chapter 159, SB 205)ê

 

the action of any five citizens taken in the district court of Elko County in such proceedings as are appropriate and proper.

      Sec. 11.  Officers, elective: Removal of; investigation.  The board of councilmen has power to remove any elective officer for incompetency, corruption, malconduct, malfeasance or nonfeasance in office, or such other causes as may be prescribed by ordinance after notice in writing and opportunity to be heard in his defense, under the rules and regulations set forth in this charter. Whenever charges are preferred in writing under oath, against any such officer for any or all of the offenses named or provided for above, it is the duty of the board to have the accused served with a copy of such charges, to set a day to inquire into the truth of such charges, and to notify the accused and other members of the board and the witnesses for and against the accused to be present. The board of councilmen constitute a court to try and determine the case, and they are hereby vested with the exclusive jurisdiction to hear and determine the charges, and may continue the investigation from day to day upon proper showing to enable the accused or prosecutor to get material evidence before the board. The accused has the right to be heard in person or by counsel, or both, and the board shall likewise be represented by counsel, if they desire it. Upon the conclusion of the investigation and argument of the case, a vote shall be taken on each charge and specification, and if the majority of all members of the board vote to sustain any such charge against the accused, the board shall enter or cause to be entered its judgment, in which shall be recorded the vote of each member of the board, upon the several charges and specifications, and an order shall be entered removing the accused from his office and declaring the same vacant. If the vote is otherwise, the accused shall be declared not guilty and judgment entered accordingly; but such judgment shall not be prejudicial to the rights of recall as hereinafter provided.

      Sec. 12.  Recall of officer; election of successor.  The holder of any elective office may be removed by a recall proceeding, and his successor elected, in the manner provided by the constitution and statutes of the State of Nevada.

      Sec. 13.  Vacancy in office; resignation; election of successors.  Resignation of the mayor or any councilman elected under this act, or any other charter officer created by this act, shall be made in writing to the board of councilmen for their action thereupon. In case of the removal of the domicile of the mayor or any councilman or any other charter officer from the territorial limits of the city, such removal shall ipso facto create a vacancy in his office. In case of any vacancy from any cause in the office of mayor or any councilman, such office shall be filled for the unexpired term by a majority vote of the remaining members of the board.

      Sec. 14.  Oaths, who may administer.  Each councilman and the city clerk are hereby authorized to administer oaths in the municipal affairs and government of the city.

      Sec. 15.  Board of councilmen, powers; councilmen in charge of several departments, duties of; designation of mayor, charge of.

      1.  The board of councilmen have control and supervision over all of the departments of the city, and to that end have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management and operation of all the departments of the city and whatever agencies may be created for the administration of its affairs.

 


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ê1967 Statutes of Nevada, Page 290 (Chapter 159, SB 205)ê

 

for and concerning the organization, management and operation of all the departments of the city and whatever agencies may be created for the administration of its affairs.

      2.  The mayor shall designate from among the councilmen, at the first meeting of the board after July 1 of each election year, or as soon thereafter as may be practicable:

      (a) One councilman who shall be known as superintendent of public safety. He shall be the executive officer of his department and shall have the power to employ policemen, firemen and other necessary personnel and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over the department that he may deem necessary for the improvement of the service in the department; but his control so exercised shall not be in conflict with other provisions of this act, or any ordinance of the city, or any rule or regulation put in force by the councilmen.

      (b) One councilman who shall be known as superintendent of streets and public works. He shall be the executive officer of his department and shall have the power to employ necessary personnel and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over the department that he may deem necessary for the improvement of the service in the department; but his control so exercised shall not be in conflict with other provisions of this act, or any ordinance of the city, or any rule or regulation put in force by the councilmen. He shall have under his special charge the supervision of streets, alleys, public grounds and property of the city, including construction, repair and maintenance and lighting of streets, alleys and other public properties.

      (c) One councilman who shall be known as superintendent of water and utilities. He shall be the executive officer of his department and shall have the power to employ necessary personnel and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over the department that he may deem necessary for the improvement of the service in the department; but his control so exercised shall not be in conflict with other provisions of this act, or any ordinance of the city, or any rule or regulation put in force by the councilmen. He shall see to the providing of water to the residents of the city and shall see to the enforcement of rules and regulations with respect to such department and that the conditions of the grant of any franchise privileges for utilities are faithfully complied with and performed.

      (d) One councilman who shall be known as superintendent of health and sanitation. He shall be the executive officer of his department and shall have the power to employ necessary personnel and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over the department that he may deem necessary for the improvement of the service in the department; but his control so exercised shall not be in conflict with other provisions of this act, or any ordinance of the city, or any rule or regulation put in force by the councilmen. He shall have under his special charge the disposition of garbage in the city and be charged with the duty of keeping the streets and alleys, public grounds and property of the city clean and in a sanitary condition and with the enforcement of all rules and regulations necessary to these ends.

 


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ê1967 Statutes of Nevada, Page 291 (Chapter 159, SB 205)ê

 

keeping the streets and alleys, public grounds and property of the city clean and in a sanitary condition and with the enforcement of all rules and regulations necessary to these ends.

      3.  The mayor shall be known as the superintendent of finance and revenue. He shall be the executive officer of his department and shall have the power to employ necessary personnel and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over the department that he may deem necessary for the improvement of the service in the department; but his control so exercised shall not be in conflict with other provisions of this act, or any ordinance of the city, or any rule or regulation put in force by the councilmen. He shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to the city, from whatever source such revenue may be derived, and shall also examine into and keep informed as to the finances of the city.

      4.  It is the purpose of this act to charge each councilman in control of a department with its management and to fix directly upon him the responsibility for the proper conduct, but the mayor shall have the power at any time, when in his discretion it is for the best interests of the service of any department under the special charge of any councilman, to recall the appointment of such councilman and designate another councilman as the superintendent of such department, and to designate the councilman so removed superintendent over another department. It shall also be within the discretion of any individual councilman, when authorized by the board of councilmen by resolution, and by such resolution the councilman may have the right and authority, at any time to suspend any officer or employee of the city when he believes it to be in the best interests of the city, and such suspension shall extend for such time as may be set in the discretion of the councilman, not exceeding the time of suspension as may be provided in the resolution authorizing such suspension, or until action is taken thereon by the board of councilmen, whichever time may be sooner.

      Sec. 16.  Mayor, powers and duties.  The mayor is the chief executive officer of the City of Wells and is the ex officio president of the board of councilmen, and shall see that all the laws thereof are enforced. He shall vote as a member of the board on all questions put to a vote when he is present. He is clothed with all the authority that is now or may hereafter be vested in a mayor by general law so far as such law may be applicable and not in conflict with this act. He has and shall exercise such power, prerogative and authority, acting independently of or in concert with the board of councilmen, as are conferred by the provisions of this act, as may be conferred upon him by the board of councilmen, and not inconsistent with the general purpose and provisions of this charter, and has the right and authority at any time to suspend any officer or employee of the city subject to the provisions of this act. But he does not have the right to remove one of the councilmen of the city or other charter officers except by acting in concert with the other members of the board of councilmen when present, and may vote on all questions the same as other councilmen. In the event of a vote in an acting board consisting of four members including the mayor, which results in a vote of two against two, the manner in which the vote is cast by the mayor shall determine the question.

 


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ê1967 Statutes of Nevada, Page 292 (Chapter 159, SB 205)ê

 

consisting of four members including the mayor, which results in a vote of two against two, the manner in which the vote is cast by the mayor shall determine the question.

      Sec. 17.  Claims and accounts; checks, how issued; financial statements, publication of.  The councilman named as the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another councilman to act in his stead during his absence, or to audit such claims or accounts as the councilman fails or refuses to act upon. Before payment, all accounts shall be approved by the board of councilmen and no money shall be paid for any purpose except upon check executed by the mayor and attested by the city clerk upon order of the board. The city clerk shall draw a check upon the bank for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the bank, the same shall be paid by the bank. All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190. The councilmen shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose.

      Sec. 18.  Board of councilmen: Meetings; special meetings; quorum.  The board of councilmen created by this act shall meet at least once a month in regular meeting at such time as shall be fixed by the board, at the city hall or other designated place in the city, to consider and take under advisement and act upon such business as may come before them. Two councilmen and the mayor or three councilmen shall constitute a quorum for the transaction of all business, but no final action shall be taken in any matter concerning the special department of any absent councilman unless such business has been made a special order of the day, or such action is taken at a regular meeting of the board. No bonds may be issued nor taxes levied except at a regular meeting attended by the mayor and three of the councilmen. Special meetings may be called by the mayor or by any two councilmen at any time to consider only such matters as are mentioned in the call for the meeting. Written notice of such special meeting shall be given to each member of the board by registered mail, with the postage and registry charges prepaid, and addressed to each member of the board at Wells, Nevada, at least 3 days prior to the time for such special meeting. The registry receipts showing that such notices have been sent by registered mail shall be conclusive evidence that such notice has been given as herein provided, and that such special meeting was held pursuant to notice duly, regularly and legally given. Any proceedings had at any special meeting of the board wherein all of its members are present shall be as legal and valid as if had at a regular meeting or at a special meeting upon due notice. A special meeting may be held by unanimous written consent at any time without the giving of the notice hereinabove provided for. Any action of a majority of the board of councilmen, although not in a regularly called meeting, and the record thereof, if assented to in writing by all of the other members of the board, shall always be as valid and effective in all respects as if passed by the board in regular meeting.

 


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ê1967 Statutes of Nevada, Page 293 (Chapter 159, SB 205)ê

 

in all respects as if passed by the board in regular meeting. All official sessions of the board, whether regular or called, shall be open to the public.

      Sec. 19.  Ordinances: Power to enact; how enacted; style.  The board of councilmen of the city is vested with the power and charged with the duty of making all laws or ordinances not inconsistent with the constitution of this state or with this charter touching every subject, matter and object within the local government instituted by this act. The style of the ordinances shall be: “Be it ordained by the Board of Councilmen of the City of Wells,” but such caption may be omitted when the ordinances are published in book form.

      Sec. 20.  Board of councilmen: Procedure; impeachment.  The board of councilmen shall determine its own rules of procedure insofar as the rules do not conflict with this act, may punish its members for disorderly conduct, shall compel the attendance of its members and, with the concurrence of a majority of the members elected, may impeach and expel any member. Any member of the board of councilmen who is convicted of bribery or any other felony, or who violates any other provision of this act, shall forfeit his office and emoluments attached thereto.

      Sec. 21.  Vice president: Election and term of office.  At the first regular meeting of the board of councilmen after their induction into office, the board shall elect one of its members, by a majority vote of the board, who shall be known and designated as vice president, and he shall continue to hold the title and office until the expiration of the term of office for which he was elected by the councilmen; but he shall receive no extra pay by reason of being or acting as vice president.

      Sec. 22.  Vice president, duties; procedure in absence of mayor and vice president.  If for any reason the mayor is absent from the city, sick or unable to perform the duties of his office, the vice president shall act as mayor, and he shall be vested with all the powers and shall perform all the duties of the mayor during such absence or sickness. In case of the absence of both the mayor and the vice president, the remaining councilmen shall elect one of their number to act instead of the mayor or vice president.

      Sec. 23.  Vice president: Duties; title; when to serve as mayor.  In case of the death, resignation or permanent disability of the mayor, or whenever a vacancy in the office of mayor occurs for any reason, the vice president shall act as mayor and possess all of the rights and the powers of the mayor and perform all of his duties under the official title of vice president and ex officio acting mayor, until the next municipal election. The board shall, by appointment, fill the vacancy thus created in the office of councilman.

      Sec. 24.  Board of councilmen, investigations by; contempt; false swearing.  At any time the mayor and the board of councilmen may, and it is their duty to, investigate each and every department of the city government and the official acts and conduct of the city officials, and for the purpose of ascertaining facts in connection with such investigation have the power to compel the attendance and testimony of witnesses, to administer oaths and to examine such persons as they may deem necessary, and compel the production of books and documents. Failure by anyone to appear when served by a notice so to do is contempt, which may be punished by fine, and in default of the payment thereof, the person so fined may be imprisoned.

 


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ê1967 Statutes of Nevada, Page 294 (Chapter 159, SB 205)ê

 

may be punished by fine, and in default of the payment thereof, the person so fined may be imprisoned. Willful, false swearing in such investigations and examination is perjury and punishable as such.

      Sec. 25.  Officers, subordinate: Duties restricted and altered; bonds.  The board of councilmen has the power and it is their duty to prescribe the powers and duties of all officers of the city, whether elected or appointed, where such powers and duties have not been provided for in this act, and has authority from time to time to add thereto, alter or restrict the same, and shall require all such officers as they may deem necessary to execute bonds payable to the City of Wells in such amount and form as the board of councilmen may provide, with good and sufficient sureties, to be approved by the board of councilmen, conditioned for the faithful discharge of their respective duties. The board of councilmen has the power at any time to require any of such officers to execute a new bond or bonds when the existing bond or bonds for any reason are deemed by the board insufficient.

      Sec. 26.  Police: Duties.  For the preservation of the peace, the police and watchmen have all the powers given by law to constables. It is their duty to suppress all riots, disturbances and breaches of the peace; to arrest all persons fleeing from justice, to apprehend upon view any person found in the act of committing any offense against the laws of the state, or violating the ordinances of the city, and to take the offender before the proper magistrate or officer to be punished; to make complaints before the proper magistrate of any person known or believed by them to be guilty of a crime or any violation of the ordinances of the councilmen, and to serve all processes that may be delivered to them for that purpose; and generally to perform all such duties as may be required by the councilmen for the good government of the city.

      Sec. 27.  Municipal court.  There shall be in the city a municipal court. The papers, pleadings filed therein and processes issuing therefrom shall be entitled “In the Municipal Court of the City of Wells.”

      Sec. 28.  Duty, qualifications of police judge.  The municipal court shall be presided over by a police judge, who has been a citizen of the state and resident of the city for not less than 1 year and who shall be a qualified elector of the city.

      Sec. 29.  Powers, jurisdiction of court generally; trial summary and without jury.  The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justices’ 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 charter, of a police or municipal nature; but the trial and proceedings in such cases shall be summary and without a jury.

      Sec. 30.  Jurisdiction of municipal court.

      1.  The municipal court shall have 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 charter of a police or municipal nature, and shall hear, try and determine such cases in accordance with the provisions of such ordinances or of this charter.

      2.  The municipal court shall have 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.

 


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ê1967 Statutes of Nevada, Page 295 (Chapter 159, SB 205)ê

 

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 shall have jurisdiction of:

      (a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $300.

      (b) Actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments when the principal sum claimed does not exceed $300.

      (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 in any of the cases herein named, when the principal sum claimed does not exceed $300.

      (d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $300.

      4.  Nothing contained in subsection 3 shall be so construed as to give the municipal court jurisdiction to determine any such cause when it is made to appear by the pleadings or the verified answer that the validity of any tax, assessment or levy, or title to real property will necessarily be an issue in such cause. In such case the court shall certify such cause to the district court in like manner and with the same effect as provided by law for certification of causes by justices’ courts.

      Sec. 31.  Warrants; writs; process.

      1.  The municipal court has power to issue all warrants, search warrants, writs and process necessary to a complete and effective exercise of its powers and jurisdiction.

      2.  All warrants issued by the municipal court shall run to any sheriff or constable of the county, or to the marshal or any policeman of the city.

      3.  Any constable or sheriff may serve any process or make any arrest authorized to be made by any officer of a city.

      Sec. 32.  Pleadings; practice.

      1.  The practice and proceedings in the municipal court shall conform, as nearly as practicable, to the practice and proceedings of justices’ courts in similar cases. The municipal court shall be treated and considered as a justice’s court whenever the proceedings thereof are called into question.

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

      3.  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’s court.

 


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ê1967 Statutes of Nevada, Page 296 (Chapter 159, SB 205)ê

 

      Sec. 33.  Contempts.  A police judge may punish for contempts in like manner and with the same effect as is provided by general law for justices of the peace.

      Sec. 34.  Disqualification of police judge; justice of the peace to act when police judge unable to act.  In all cases in which the police judge is disqualified by reason of being a party, or being interested therein, to any proceeding pending in the municipal court, or related to either defendant or plaintiff or complaining witness therein, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of the county, on the written request of the mayor, shall act in place and stead of the police judge. The council has power to apportion ratably the salary of such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.

      Sec. 35.  Docket of police judge.  The police judge shall keep a docket in which shall be entered all official business in like manner as in justices’ courts.

      Sec. 36.  Monthly reports, money payments by police judge.  The police judge shall render monthly, or oftener as the 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 his last report, and shall at the same time render and pay into the city treasury all fines collected and moneys received on behalf of the city since his last report.

      Sec. 37.  Fines and penalties: Commitment; recovery by execution; chain gang.

      1.  Any person upon whom any fine or penalty is 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, penalty and costs are fully paid.

      2.  The city council has power to provide by ordinance that every person committed shall be required to work for the city at such labor as his 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 and costs. 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 is exhausted or otherwise satisfied.

      Sec. 38.  Appeals.  Appeals to the district court may be taken from any final judgment of the municipal court in the same manner and with the same effect as appeals from justices’ courts in civil or criminal cases, as the case may be.

 


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ê1967 Statutes of Nevada, Page 297 (Chapter 159, SB 205)ê

 

any final judgment of the municipal court in the same manner and with the same effect as appeals from justices’ courts in civil or criminal cases, as the case may be.

      Sec. 39.  Ordinances: Procedure; emergency measures; notices.

      1.  Ordinances when first proposed shall be read aloud in full to the board of councilmen and final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper at least once and at least 1 week prior to the meeting at which such final action is to be taken. The notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose or content thereof, the nature of such proposed ordinance. However, in cases of emergency, by unanimous consent of the whole board, special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.

      2.  No ordinance passed by the board, unless it is an emergency measure, shall go into effect until 30 days, after its passage. If at any time during the 30 days a petition signed by qualified electors numbering not less than 20 percent of those who voted at the last preceding general municipal election, requesting the repeal of the ordinance or its submission to a referendum, is presented to the board, such ordinance shall thereupon be suspended from going into operation, and it shall be the duty of the board to reconsider such ordinance. If upon reconsideration such ordinance is not repealed, the board shall, after the sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within 90 days, in which event it shall be submitted at such regular municipal election. No ordinance submitted to a vote of the electors shall become operative unless approved by a majority of those voting thereon.

      Emergency measures shall be subject to referendum like other ordinances passed by the board, except that they shall go into effect at the time indicated in them. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder.

      3.  Any proposed ordinance may be submitted to the board by petition signed by qualified electors numbering not less than 20 percent of those who voted at the last preceding general city election. The form, sufficiency and regularity of such petitions shall be determined in the manner herein provided. The petition presenting the proposed ordinance shall contain a statement in not more than 200 words giving the petitioners’ reason why such ordinance should be adopted; and if such petition contains a request that the ordinance be submitted to a vote of the people, the board shall either (a) pass such ordinance without alteration at its next regular meeting, after the sufficiency of the petition has been determined and certified to by the clerk, or (b) immediately after its refusal to pass such ordinance at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general city election is to be held within 90 days thereafter, and at such special or general election submit such proposed ordinance without alteration to a vote of the electors of the city.

 


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ê1967 Statutes of Nevada, Page 298 (Chapter 159, SB 205)ê

 

a general city election is to be held within 90 days thereafter, and at such special or general election submit such proposed ordinance without alteration to a vote of the electors of the city. The ballot used when voting upon any such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:

 

                                                                                          For the ordinance

                                                                                          Against the ordinance

 

and shall be printed as provided herein or in the general election laws. Immediately to the right of each of the propositions shall be placed a square in which the elector, by making a cross (X) mark, may vote for or against the adoption of the ordinance. If a majority of the qualified electors voting on the proposed ordinance vote, in favor thereof, it shall thereupon become a valid and binding ordinance of the municipality. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than one special election for such purpose in any period of 6 months. Ordinances adopted under the provisions of this section shall not be repealed or amended except by direct vote of the people as herein provided.

      4.  All ordinances shall be signed by the mayor and attested by the city clerk and shall be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in the city, if any there be, and otherwise, in some newspaper published in the county and having a general circulation in the city, for a period of at least 1 week before the same goes into effect, except that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication is necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and such book or certified copy thereof of the ordinances therein contained, in the name of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the board of councilmen, they shall be so received.

      Sec. 40.  Specialized codes.  An ordinance adopting any specialized or uniform building, plumbing or electrical code or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city, and with such other changes as may be desirable, by reference thereto, without the necessity of reading the same at length as provided in section 39. Such code, upon adoption, need not be published as required by section 39 if an adequate number of copies of such code, either typewritten or printed, with such changes, if any, has been filed for use and examination by the public in the office of the city clerk at least 1 week prior to the passage of the ordinance adopting the code, or any amendment thereto. Notice of such filing shall be given by one publication in a newspaper in the city, if any there be, and otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week prior to the passage of the ordinance adopting the code.

 


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ê1967 Statutes of Nevada, Page 299 (Chapter 159, SB 205)ê

 

circulation in the city, at least 1 week prior to the passage of the ordinance adopting the code.

      Sec. 41.  Codification of general ordinances.

      1.  The board of councilmen have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of councilmen, have incorporated therein a copy of this charter and such additional data as the board of councilmen may prescribe. When such a publication is published, two copies shall be filed with the librarian of the Nevada state library, and thereafter such code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.

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

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

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

      Sec. 42.  General powers of council.

      1.  The board of councilmen have the power to make and pass all ordinances, resolutions and orders, not repugnant to the Constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act, and to enforce obedience to such ordinances with such fines or penalties as the board may deem proper; but the punishment of any offense shall be by a fine not to exceed $500 or by imprisonment not to exceed 6 months, or by both such fine and imprisonment.

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

      Sec. 43.  Finances and property: Power of council.  The board of councilmen have power:

      1.  To control the finances and property of the corporation.

      2.  To appropriate money for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.

      3.  To borrow money for corporate purposes, including the acquisition of a public utility, after the issuance of a proclamation setting forth the amount, terms, maximum rate of interest and duration of the proposed indebtedness, the fund from which it is to be paid, and in the case of a public utility the estimated cost as shown by an expert appraisal. Such proclamation shall be published in full at least once a week for 4 successive weeks in some newspaper of general circulation published in the city, if any there be, and otherwise in some newspaper published in the county and having a general circulation in the city, and shall state the date of the meeting at which the board will pass an ordinance providing for such bond issue.

 


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ê1967 Statutes of Nevada, Page 300 (Chapter 159, SB 205)ê

 

the date of the meeting at which the board will pass an ordinance providing for such bond issue. At the first regular meeting of the board, or any adjournment thereof, after the completion of publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting the question to a vote of the electors of the city, unless a petition is presented to the board signed by not less than 5 percent of the qualified electors of the city as shown by the last preceding registration list and representing not less than 2 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating such 2 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed. Thereupon, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid:

      (a) If passed by the board in the absence of the filing of a petition and election; or

      (b) If such petition be filed and election had, then if passed by the board pursuant to a majority vote in favor of the ordinance.

The petition for an election herein referred to may be filed with the board at any time prior to the date of meeting set in the published notice. The form, sale and redemption of the bonds shall comply with the provisions of NRS 350.080 to 350.190, inclusive, including any amendments thereto by the 54th session of the legislature of the State of Nevada, which are hereby adopted by reference. The board may secure the payment of any general obligation bonds of the city by making such bonds a preferred lien against the real or personal property of the city, or by pledging specified revenues of the city to their payment.

      4.  To issue refunding bonds in the manner provided by NRS 350.241 to 350.247, inclusive, which are hereby adopted by reference.

      5.  To 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; to improve and protect such property and to do all other things in relation thereto which natural persons might do.

      6.  To erect, lease, acquire, and maintain all buildings needed for the use of the city.

      Sec. 44.  Eminent domain: Power of council.  The board of councilmen have the power to condemn property for public uses.

      Sec. 45.  Property taxes: Power of council.  The board of councilmen have power:

      1.  To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.

      2.  To divide the city into districts for the purpose of local taxation or to create districts for the purpose as occasion may require.

      Sec. 46.  Licensing and regulation of lawful trades, business and property: Power of council.  The board of councilmen have power:

      1.  To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate such enterprises by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.

 


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ê1967 Statutes of Nevada, Page 301 (Chapter 159, SB 205)ê

 

taxes shall be uniform in respect to the class upon which they are imposed.

      2.  To fix the amounts of the licenses and terms and manner of their issuance.

      3.  To fix, impose and collect a license tax on and to regulate all character of lawful callings, industries, occupations, professions and businesses conducted in whole or part within the city, including:

      (a) All theaters, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where drinks are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys, and exhibitions and amusements.

      (b) All dairies and dairy supply markets, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, card rooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery or sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed-brick yards and street-railway companies.

      (c) Auctioneers and stock brokers.

      (d) Grocers, merchants of any and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, sewing machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, garages, motor vehicle repair shops, newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents and solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard and pool games, or any other table games played with cue and balls, or other mechanical device, bakers, milliners, gunsmith shops, steam-renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or any other soft drinks, patent medicine agencies of any and all kinds, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, drygoods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstracts of title, iron works, notions and notion stands, pipe and tobacco stores, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds.

 


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ê1967 Statutes of Nevada, Page 302 (Chapter 159, SB 205)ê

 

notions and notion stands, pipe and tobacco stores, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds.

      (e) All professions, including attorneys, doctors, physicians and dentists.

      (f) Hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles and all automobiles, taxi cabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles.

      (g) All character of lawful business or callings not specifically enumerated in this section.

      4.  To fix, impose and collect a license tax on streetcars, telephones, gas meters, electric meters, water meters, or any similar device for measuring service, and on telephone, telegraph, electric light and power poles and wires. Such license tax shall be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.

      5.  To fix, impose and collect an annual license tax on privately owned and operated automobiles, automobile trucks and motorcycles operated within the city limits.

      6.  To exempt from a license tax imposed pursuant to this section any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.

      Sec. 47.  Licensing or suppression of certain occupations: Power of council.  The board of councilmen have power to fix, impose and collect a license tax on, regulate, prohibit or suppress:

      1.  Raffles, hawkers and peddlers, except those dealing in their own agricultural products.

      2.  Runners for hotels, taverns or other businesses.

      Sec. 48.  Licensing, location or suppression of certain occupations and structures: Power of council.  The board of councilmen have power to fix, impose and collect a license tax on, regulate, prescribe the location of, or suppress and prohibit:

      1.  All houses of ill fame, hurdy gurdy houses, bawdy houses, and all places, including dance houses and saloons, having special attractions such as music or otherwise.

      2.  Street fakirs, street peddlers, except as stated in section 46 of this act, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed or sale stables, stock corrals, foundries and machine shops.

      Sec. 49.  Streets, sidewalks, parks and public grounds: Power of council.  The board of councilmen have power:

      1.  To lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.

      2.  To plant or direct and regulate the planting of ornamental shade trees, in or along and upon streets, avenues, sidewalks, parks and public grounds.

 


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ê1967 Statutes of Nevada, Page 303 (Chapter 159, SB 205)ê

 

      3.  To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

      4.  To prevent and remove obstructions and encroachments upon the same.

      5.  To provide for and regulate crosswalks, curbs and gutters.

      6.  To name streets, avenues or other public places, and to change the names thereof.

      7.  To provide for and regulate the numbering of houses and lots.

      8.  To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.

      9.  To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk and gutter in front or along the same free from snow and other obstructions.

      10.  To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury, or obstruction to, any street, avenue, alley, park or public ground.

      11.  To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public grounds and buildings, for signs, signposts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.

      12.  To regulate or prevent the flying of flags, banners or signs across the street or from buildings.

      13.  To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds or upon the sidewalks.

      14.  To regulate the speed of horses and other animals, bicycles, automobiles, motorcycles and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues and public places.

      15.  To regulate or prohibit any public demonstrations and processions.

      16.  To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues and public places.

      17.  To prevent and regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams or horses.

      18.  To regulate the ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.

      19.  To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.

      20.  To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

 


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ê1967 Statutes of Nevada, Page 304 (Chapter 159, SB 205)ê

 

      21.  To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.

      Sec. 50.  Railroads: Power of council.  The board of councilmen have power:

      1.  To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street-railway or tramway in any street, avenue, alley or public place, and 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, streetcar tracks, and connecting and terminal tracks.

      2.  To declare a nuisance and to take up and remove, or to 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 continuously with cars for public use for a period of 1 year after the laying thereof.

      3.  To require railroad companies to fence their respective railroads or any portion thereof, and to construct cattle guards, crossings of streets, alleys, avenues and public places, and keep such fences, guards and crossings in repair within the limits of the city.

      4.  To require railroad companies to provide protection against injury to persons or property.

      5.  To compel such companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley or avenue.

      6.  To compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property will not be impaired.

      Sec. 51.  Provision of utilities: Power of council.  The board of councilmen have power:

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

      2.  To provide for the lighting of streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of natural gas or manufactured gas, and electric and other lights and electric power, and to regulate the inspection thereof.

      3.  To construct and maintain water works, gasworks, electric light works, street railways, or bathhouses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of such works from any person or corporation.

      4.  To construct or authorize the construction of waterworks without the city limits for the supply of the city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.

 


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ê1967 Statutes of Nevada, Page 305 (Chapter 159, SB 205)ê

 

and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.

      5.  To regulate and control water and watercourses, ditches and flumes, within or leading to the city, and to regulate and control mill privileges within the city.

      6.  To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or other public uses; and to prevent all waste of water, and, if necessary, to secure such sources of water supply, to purchase or lease land from or upon which such water has been appropriated or applied.

      7.  To purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.

      8.  To fix the rate to be paid for the use of water furnished by the city.

      Sec. 52.  Television franchises: Power of council.

      1.  The board of councilmen have power to contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture.

      2.  Any franchise granted shall require a time within which actual construction must be commenced, a time within which distribution of television shall be completed, and posting of a bond in an amount to be set by the board of councilmen to assure compliance therewith.

      Sec. 53.  Fire protection: Power of council.  The board of councilmen have power:

      1.  To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals or fire apparatus, and to pass all ordinances, penal or otherwise, that are necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.

      2.  To define fire limits, and to prescribe limits within which no buildings shall be constructed except of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.

      3.  To prescribe the manner of constructing stone, brick and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, benches, scenery, curtains, blinds, screens or other appliances therein.

 


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ê1967 Statutes of Nevada, Page 306 (Chapter 159, SB 205)ê

 

appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, benches, scenery, curtains, blinds, screens or other appliances therein.

      4.  To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring and appurtenances used in and about buildings and manufactories, and to cause the same to be removed or placed in safe condition.

      5.  To regulate or prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.

      6.  To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, gasoline, turpentine, dynamite, petroleum or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables and other places, and the building of bonfires.

      7.  Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire engine and hook and ladder companies and to prescribe the rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.

      8.  To regulate and prevent the discharge of rockets, powder, fireworks or other combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings.

      Sec. 54.  Steam engines and elevators: Power of council.  The board of councilmen have power:

      1.  To provide for the inspection and to regulate the use of steam boilers.

      2.  To provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers and steam-generating apparatus, or elevators within the corporate limits of the city.

      Sec. 55.  Animals and poultry: Power of council.  The board of councilmen have power:

      1.  To fix, impose and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which the tax is not paid.

      2.  To regulate or prohibit the running at large within the limits of the city of dogs, cats, horses, mules, asses, cattle, swine, sheep, goats, other animals, geese and all kinds of poultry; to establish a pound, appoint a poundkeeper and prescribe his duties, and to distrain and impound animals running at large, and to provide for the sale of the same. The proceeds arising from the sale of such animals, after the payment of all costs, shall go to the city treasury to be disposed of according to law.

      3.  To prohibit cruelty to animals.

      4.  To prohibit and suppress all bullfights, cockfights, dogfights, and bear, bull or badger baits.

 


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ê1967 Statutes of Nevada, Page 307 (Chapter 159, SB 205)ê

 

      Sec. 56.  Public health: Power of council.  The board of councilmen have power:

      1.  To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporate limits and within 12 miles thereof.

      2.  To create a board of health and prescribe the powers and duties of the board.

      3.  To regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine all such works.

      4.  To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over such lands and buildings and over any cemetery used by the inhabitants of the city; and to survey, plat, map, fence, ornament and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and regulations for the protection and government of such grounds.

      5.  To vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.

      6.  To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.

      Sec. 57.  Nuisances: Power of council.  The board of councilmen have power:

      1.  To declare what shall be a nuisance, and to abate a nuisance, and to impose fines upon parties who may create, continue or suffer nuisances to exist.

      2.  To compel the owner of any pigsty, privy, barn, corral, sewer or other unwholesome or nauseous house or place to cleanse, abate or remove the same, and to regulate the location thereof.

      3.  To provide for and regulate the location, management and construction of packinghouses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, hide or junk warehouses, soap factories, foundries, livery stables and blacksmith shops in, or within 1 mile of the limits of, the corporation.

      4.  To prohibit any offensive or unwholesome business or establishment in, or within 1 mile of the limits of, the corporation.

      Sec. 58.  Foods and commodities: Power of Council.  The board of councilmen have power:

      1.  To establish markets and market houses, and to provide for the regulation and use thereof.

      2.  To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of such provisions.

      3.  To provide for the inspection, measurement or gradation of any merchandise, manufacture or commodity, and to appoint the necessary officers therefor.

 


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ê1967 Statutes of Nevada, Page 308 (Chapter 159, SB 205)ê

 

merchandise, manufacture or commodity, and to appoint the necessary officers therefor.

      4.  To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.

      5.  To provide for the inspection and sealing of weights and measures.

      6.  To enforce the keeping and use of proper weights and measures by vendors.

      Sec. 59.  Public welfare: Power of council.  The board of councilmen have power:

      1.  To provide for the burial of the indigent dead and to pay the expenses thereof.

      2.  To authorize the taking and to provide for safekeeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.

      3.  To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms heretofore established in the city.

      Sec. 60.  Public peace and morals: Power of council.  The board of councilmen have power:

      1.  To prevent intoxication, fighting, quarreling and all disorderly conduct.

      2.  To provide against and to prevent the offenses of assault and battery and petit larceny.

      3.  To restrain, riots, routs, noises, disturbances or disorderly assemblies in any street, house or place in the city.

      4.  To regulate and prevent the discharge of firearms in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings.

      5.  To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of $50.

      6.  To regulate and prohibit the carrying of concealed weapons.

      7.  To provide for the punishment of persons disturbing the peace and good order of the city, or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior.

      8.  To punish the interference with any city officer in the discharge of his duty.

      9.  To provide for the punishment of trespass and such other petty offenses as the board may deem proper.

      10.  To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves or persons who practice any game, trick or device with intent to swindle.

      11.  To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated.

      12.  To punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of, any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.

 


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ê1967 Statutes of Nevada, Page 309 (Chapter 159, SB 205)ê

 

visiting or in any way contributing to the support of, any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.

      13.  To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.

      Sec. 61.  County commissioners to apportion road fund.  The board of county commissioners of Elko County shall, and it is hereby made their duty, from time to time, upon the request of the board of councilmen, to apportion to the city such proportion of the Wells district fund of the county of Elko as the value of the whole property within the corporate limits of the city, as shown by the assessment roll, bears to the whole property within the Wells road district, inclusive of the property within the city; and all moneys so apportioned shall be expended upon the streets, alleys and public highways of the city, under the direction and control of the city board of councilmen.

      Sec. 62.  Corporate name of city as plaintiff.  All actions brought to recover any fine or to enforce any penalty under any ordinance of the 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 of the peace.

      Sec. 63.  All fines to go to city treasurer.  All fines and forfeitures for the violation of ordinances and all money collected for licenses or otherwise shall be paid into treasury of the city, at such times and in such manner as may be prescribed by ordinance.

      Sec. 64.  Property delivered to successors.  Every officer of the city shall within 5 days after notification and request deliver to his successor in office all properties, books and effects of every description in his possession and belonging to the city, and upon his failure, refusal or neglect to do so shall be liable for all damages caused thereby, and to such penalty as may be prescribed by ordinance.

      Sec. 65.  Additional duties may be imposed.  The duties, powers and privileges of all officers in any way connected with the city government, not herein defined, shall be defined by the board; and the defining by this act of the duties of city officers shall not preclude the board from defining by ordinance or otherwise further and additional duties to be performed by any such officer.

      Sec. 66.  Office of the city clerk.  The city clerk shall keep his office at the place of meeting of the board of councilmen or some other place convenient thereto, as the board may direct. He shall keep the corporate seal and all papers and records of the city and keep a record of the proceedings of and be the clerk of the board, whose meetings he shall attend. Copies of all papers filed in his office and transcripts from all records of the city board certified by him, under the corporate seal, shall be evidence in all courts to the same effect as if the original were produced.

 


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ê1967 Statutes of Nevada, Page 310 (Chapter 159, SB 205)ê

 

be evidence in all courts to the same effect as if the original were produced.

      Sec. 67.  Duties of the clerk.  The city clerk shall:

      1.  Countersign all contracts made in behalf of the city.

      2.  Draw and countersign all orders in pursuance of any order or resolution of the board and keep a full and accurate account thereof in books provided for that purpose.

      3.  Make to the board from time to time, upon the order of the board, reports of the financial condition of the city.

      4.  Make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action of the board as shall secure the payment of the principal and interest of such bonds.

      5.  Report annually on or before the first day of February, to the board, an estimate of the expenses of the city and the revenue necessary to be raised for the current year.

      6.  Keep regular books of account in which he shall enter all indebtedness of the city, and which shall, at all times, show the financial condition of the city, the amount in bonds, orders, certificates or other evidences of indebtedness issued by the board, the amount of all bonds, orders, certificates or other evidences of indebtedness which have been redeemed, and the amount of each outstanding.

      7.  Keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue, and the amounts which have been disbursed under the direction of the board.

      8.  Examine all reports, books, papers, vouchers and accounts of the city treasurer.

      9.  Audit all claims and demands against the city before they are allowed by the board, and shall keep a record of all claims presented and the action of the board thereon.

      10.  Keep books properly indexed in which he shall enter all contracts, which books shall be open to the inspection of all persons interested. The board shall examine all reports, books, papers, vouchers and accounts of the city clerk and ex officio city treasurer.

      11.  Record in a journal all ordinances, bylaws, rules or resolutions passed or adopted by the board, which journal, after being read and approved at each regular meeting, shall be signed by the mayor and attested under the hand of the clerk.

      12.  Countersign all licenses and permits issued to any person or officer and shall charge such person or officer with the same.

      13.  Countersign and certify all claims for the payment of money, executed by the mayor. All claims against the city shall be filed with the clerk, who shall report in writing upon the same and on all matters pertaining to his office at each regular meeting of the board, or oftener if required.

      Sec. 68.  Collection of licenses and other revenues.

      1.  The city clerk shall be the official license collector of the city and shall collect for all city licenses and all other moneys making up the city revenues, except general taxes. All moneys belonging to the city (except general taxes), and collected by any person, shall be at once paid over to the city clerk and ex officio city treasurer.

 


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ê1967 Statutes of Nevada, Page 311 (Chapter 159, SB 205)ê

 

paid over to the city clerk and ex officio city treasurer. The city clerk and ex officio city treasurer may deposit the funds of the city in such bank as may be authorized by the board, and all moneys belonging to the city, whether the same come into the hands of the city clerk or of the ex officio city treasurer, under any of the provisions of this charter, shall be thus deposited in such bank and drawn by check of the city clerk and ex officio city treasurer against such fund. All special taxes whenever and wherever practicable shall be collected by the city clerk. The time and manner of collection of special taxes and collection of licenses shall be fully provided for and fixed by ordinance.

      2.  Whenever any person required by any city ordinance to take out a license fails, neglects or refuses to do so, or carries on any licensed business or calling without having procured the requisite license therefor, the city clerk shall forthwith report such delinquent to the board, who may cause an attachment suit in the name of the city to be brought against such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the clerk may take the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature, except that any property in any place or building, where by ordinance the business of such place or building is required to pay a license, shall be liable for and may be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof.

      3.  There shall be added to every license not obtained within 15 days after the same becomes due and payable the sum of $1, which shall become and be a part of the license and shall, with such license, be collected by the city clerk; and he shall perform such other duties as the board may provide by ordinances.

      Sec. 69.  Reports of settlements by city clerk and ex officio city treasurer.  All settlements and deliveries of coupons, bonds or other evidence of indebtedness of the city which may have been redeemed by the city clerk and ex officio city treasurer during the month shall be made with and reported to the board monthly at the first regular monthly meeting of each month.

      Sec. 70.  Further duties of city clerk and ex officio city treasurer.

      1.  The city clerk and ex officio city treasurer shall pay no money out save upon lawful checks or any cash fund as may be established pursuant to the Local Government Budget Act, except on account of bonds and interest coupons, which when due may be paid upon presentation; or in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due.

      2.  The city clerk and ex officio city treasurer shall, in addition to his other duties now imposed upon him by law, receive and safely keep all moneys that come to the city by taxation or otherwise, and shall pay the same out only on claims duly allowed, except the principal and interest of any municipal bonded indebtedness.

 


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ê1967 Statutes of Nevada, Page 312 (Chapter 159, SB 205)ê

 

      3.  All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this charter or of any ordinance of the city, or by or under any law, and all moneys received or collected shall without delay be paid by the city clerk, who shall keep an accurate account thereof and give itemized receipts therefor in duplicate, one for the information of the board, and the other of such duplicate receipts shall be given to the officer or person paying in such money. All such money shall be placed by the ex officio city treasurer in a fund to be known as the Wells general fund, and shall be so kept intact and not commingled with other moneys or in any manner disposed of except as paid out upon proper checks and claims against the city, including the principal and interest of any municipal bonded indebtedness.

      4.  On paying any check, the ex officio city treasurer shall write or stamp across the face thereof, in red ink, the word “Redeemed,” with the date of such redemption, and sign his name thereto officially, and the check so canceled shall be sufficient voucher for the ex officio city treasurer as to the amount paid, in his official settlements with the city, which shall take place annually on the 4th Monday in December of each year or oftener as may be required by the board. The mayor or any member of the board may at any time examine the books and vouchers of the city clerk and ex officio city treasurer concerning the state of finances and moneys in the hands of the ex officio city treasurer belonging to the city.

      5.  The city clerk and ex officio city treasurer shall, before entering upon the discharge of his duties, execute to the city a good and sufficient surety bond, to be approved and paid for by the board, the bond to be in such sum as may be required by the board. The ex officio city treasurer shall perform such other and further duties as may be required, or be prescribed by ordinance. In all cases all actions shall be taken and all papers, documents, instruments, checks, vouchers, receipts, bonds, warrants and any other papers shall be signed either by the “city clerk” or the “city treasurer,” or the “city clerk and ex officio city treasurer,” “city clerk and city treasurer,” “city clerk and treasurer,” or otherwise as the case may be, pursuant to the provisions of this charter, as amended.

      Sec. 71.  Checks.  All checks shall be paid out of their respective funds in the order in which they are issued.

      Sec. 72.  Receipts for payments.  The treasurer shall give to every person paying money into the city treasury a receipt therefor, specifying the date of payment and upon what account paid; and he shall also file the duplicate of such receipt with the city clerk, as the board may direct, at the date of his monthly report.

      Sec. 73.  Deposit of city funds in banks; funds to be kept separate.

      1.  The treasurer shall keep all money belonging to the city separate and distinct from all other moneys held by him for any other purpose or fund whatsoever, and may, when a state or national bank is located in the city, deposit, with unanimous consent of his bondsmen, city funds in such bank or banks upon open account. When no such bank or banks exist in the city, he may deposit, with the unanimous consent of his bondsmen, city funds with any state or national bank in the State of Nevada.

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

 


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ê1967 Statutes of Nevada, Page 313 (Chapter 159, SB 205)ê

 

as the board of councilmen may prescribe and under such terms and conditions for the protection of the funds as the board of councilmen may determine, not inconsistent with other laws of the State of Nevada regulating the deposit of public funds.

      3.  The balances in banks, as certified to by the proper officer thereof, and by the oath of the treasurer, may be counted as cash.

      Sec. 74.  Report of city clerk and ex officio city treasurer.  The city clerk and ex officio city treasurer shall report to the board at such times as may be prescribed by ordinance, giving a full and detailed account of all receipts and expenditures since his last report, and the state of the treasury. He shall also keep a register of all checks redeemed and paid during the year, and describing such checks, their date, amount, number, the fund from which paid and the person to whom paid, specifying also the time of payment. All such checks shall be examined by the board at the time of receiving such report.

      Sec. 75.  Special funds.  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 such money shall be used for no other purpose.

      Sec. 76.  City taxes.  The board 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. The tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for the collection of state and county taxes. The revenue laws of the state shall, in every respect not inconsistent with the provisions of this act, be applicable and so held 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 inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization as are the state and county. Whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing and collecting the state and county revenues shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The board shall enact all such ordinances as it may deem necessary and not inconsistent with this act and the laws of the state for the prompt, convenient and economical collecting of the city revenue.

      Sec. 77.  Revenue ordinances.  The board shall have 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.

      Sec. 78.  Improvements.  The board of councilmen have power to acquire any improvement in the manner provided by the Consolidated Local Improvements Law, which is hereby adopted by express reference.

      Sec. 79.  Ordinances to remain in effect.  All ordinances adopted by the board of councilmen of the City of Wells pursuant to its charter created by chapter 104, Statutes of Nevada 1927, as amended, shall remain in force unless and until amended or repealed pursuant to this charter, to the extent that any such ordinance is not inconsistent with this charter.

 


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ê1967 Statutes of Nevada, Page 314 (Chapter 159, SB 205)ê

 

charter, to the extent that any such ordinance is not inconsistent with this charter.

      Sec. 80.  Amendment.

      1.  Whenever it is desired to amend the charter of the City of Wells, such amendment or amendments may be effected by either of the following methods:

      (a) By an act of the legislature.

      (b) Upon filing with the board of councilmen a verified petition bearing the signatures of not less than 30 percent of the registered voters of the city, a special election shall be called for the purpose or purposes as set forth in the petition, not later than 45 days after the filing of the petition; or, upon the filing with the board of councilmen of a verified petition bearing the signatures of not less than 10 percent of the registered voters of the city or town, the amendment or amendments proposed in the petition shall be placed upon the ballot at the next municipal election, whether it is a special or a general municipal election, after the filing of the petition, praying for the adoption of any amendment or amendments as fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto. The signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of his knowledge and belief. Upon the filing of any such petition bearing the signatures of the required number of registered voters as required in this paragraph (b), the board of councilmen shall call a special election, or provide for the voting upon such proposed amendment or amendments at the next municipal election, for the aforesaid purpose, as the petition shall request.

      2.  The percentages, as provided in paragraph (b) of subsection 1, shall be determined from the number of registered voters at the last general municipal election held in the city next preceding the filing of the petition as aforesaid.

      Sec. 81.  Effective date.  This act shall become effective only if the original charter of the City of Wells, being chapter 104, Statutes of Nevada 1927, as amended, is repealed pursuant to an act enacted by the 54th session of the legislature of the State of Nevada, and in that event shall become effective upon the date of proclamation of such repeal.

 

________

 

 

CHAPTER 160, AB 103

Assembly Bill No. 103–Committee on Agriculture, Irrigation and Livestock

CHAPTER 160

AN ACT to amend NRS 564.055, relating to the recording of brands of like design for cattle, by specifying positions for use of recorded cattle brands; prohibiting the recording of brands of like design; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 564.055 is hereby amended to read as follows:

      564.055  1.  Brands [of like design] for cattle shall be recorded for use in the following positions only:

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 315 (Chapter 160, AB 103)ê

 

      [1.] (a) The hip on the right-hand side;

      [2.] (b) The hip on the left-hand side;

      [3.] (c) The shoulder on the right-hand side;

      [4.] (d) The shoulder on the left-hand side;

      [5.] (e) The rib cage on the right-hand side; or

      [6.] (f) The rib cage on the left-hand side.

      2.  After July 1, 1967, no new brands of like design shall be recorded.

      3.  Nothing in this section shall be construed to preclude the use of date brands.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 161, AB 159

Assembly Bill No. 159–Committee on Agriculture, Irrigation and Livestock

CHAPTER 161

AN ACT to amend NRS 561.355, relating to the plant industry fund, by requiring the deposit in such fund of fees and moneys collected by the state sealer of weights and measures pursuant to chapter 581 of NRS.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 561.355 is hereby amended to read as follows:

      561.355  1.  The plant industry fund is hereby created in the state treasury for the use of the department.

      2.  The following fees and moneys shall be deposited in the plant industry fund;

      (a) Fees and moneys collected [under the provisions of NRS 555.010 to 555.460, inclusive.

      (b) Fees and moneys collected pursuant to the provisions of NRS 582.010 to 582.180, inclusive.

      (c) Fees collected pursuant to the provisions of NRS 587.010 to 587.450, inclusive.

      (d)]pursuant to the provisions of chapters 555, 581, 582 and 587 of NRS.

      (b) Laboratory fees collected for the diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 554.010 to 554.240, inclusive.

      [(e)] (c) Laboratory fees collected for the survey and identification of insect pests, plant diseases and noxious weeds, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 555.010 to 555.249, inclusive.

      [(f)] (d) Laboratory fees collected for the testing of the purity and germinating power of agricultural seeds, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 587.010 to 587.280, inclusive.

      3.  Expenditures from the plant industry fund shall be made only for the purposes of carrying out the provisions of chapters 554, 555, 581, 582 and 587 of NRS, and the provisions of this chapter.

 


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ê1967 Statutes of Nevada, Page 316 (Chapter 161, AB 159)ê

 

for the purposes of carrying out the provisions of chapters 554, 555, 581, 582 and 587 of NRS, and the provisions of this chapter.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 162, AB 99

Assembly Bill No. 99–Committee on Agriculture, Irrigation and Livestock

CHAPTER 162

AN ACT to amend NRS 555.010, relating to insect control and plant diseases, by authorizing the investigation and control of invertebrate pests and physiological plant disorders by the state department of agriculture.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 555.010 is hereby amended to read as follows:

      555.010  Within the limits of any appropriation made by law, [the state quarantine officer is authorized to investigate the prevalence of Mormon crickets, grasshoppers, alfalfa weevils, other insect pests, and plant diseases] the executive director of the department is authorized to investigate the prevalence of invertebrate pests of plants and animals, plant diseases and physiological plant disorders which may be injurious to the agricultural industry in the State of Nevada, and institute and carry out such measures for their control as may be required to protect the agricultural industry against loss.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 163, AB 102

Assembly Bill No. 102–Committee on Agriculture, Irrigation and Livestock

CHAPTER 163

AN ACT to amend chapter 566 of NRS, relating to the inspection of hides and carcasses, by adding a new section requiring a casual slaughterer of cattle to retain the hides for a 30-day period; providing a penalty; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 566 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Any person who slaughters any cattle, unless such animal was slaughtered at a slaughtering establishment under a United States Government, state, county or municipal inspection system which provides for adequate stamping for identification of all carcasses or parts of carcasses before release, shall retain in his possession the hide or hides removed from such cattle with the ears and brands attached without disfiguration or alteration, for a period of 30 days, unless such hide or hides are released pursuant to a certificate of release issued by an inspector of the department.

 


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ê1967 Statutes of Nevada, Page 317 (Chapter 163, AB 102)ê

 

release, shall retain in his possession the hide or hides removed from such cattle with the ears and brands attached without disfiguration or alteration, for a period of 30 days, unless such hide or hides are released pursuant to a certificate of release issued by an inspector of the department. Such person shall, upon demand within such period by any inspector of the department or any game warden or peace officer of this state, exhibit the hide or hides of any cattle so slaughtered or the certificate of release.

      Sec. 2.  NRS 566.045 is hereby amended to read as follows:

      566.045  Any person who violates any of the provisions of this chapter shall be guilty of a gross misdemeanor.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 164, AB 101

Assembly Bill No. 101–Committee on Agriculture, Irrigation and Livestock

CHAPTER 164

AN ACT to amend NRS 564.050, relating to the recording of livestock brands and marks, by deleting conflicting language.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 564.050 is hereby amended to read as follows:

      564.050  1.  Only one brand shall be awarded or recorded for each owner of animals; but the owner or owners of separate and distinct livestock units may, under the terms of NRS 564.010 to 564.150, inclusive, and within the discretion of the department, record one brand for use in connection with and for each such distinct and separate livestock unit.

      2.  No brand shall be recorded or used which is identical with or, in the opinion of the department, so similar to any brand previously recorded and remaining of legal record, or any abandoned brand which has not been abandoned for 1 year, as provided in NRS 564.120, as to be liable to cause confusion as to the identity or ownership of animals, or which can be readily used to obliterate or alter any legally recorded brand already in use in the same area in this state.

      3.  Nothing in this section shall apply to the rerecording of any brand or brands legally recorded on July 1, 1961, and remaining of legal record in this state under the provisions of NRS 564.010 to 564.150, inclusive, insofar as the legal owners of such brand or brands on July 1, 1961, are concerned, until July 1, 1976, or to brands legally transferred as provided for in NRS 564.110.

      4.  After July 1, 1959, no earmark shall be recorded which violates the provisions of subsection 3 of NRS 564.020.

      [5.  After July 1, 1965, no brand of like design may be recorded for use in the same position upon an animal. If duplication of recordings of design and position exists at such time, such duplication shall be resolved by mutual agreement of the owners. In the absence of such mutual agreement by the owners, the duplication shall be resolved by the state board of agriculture after a hearing.

 


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ê1967 Statutes of Nevada, Page 318 (Chapter 164, AB 101)ê

 

of agriculture after a hearing. The board may make regulations governing the procedure at such hearings.]

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 165, SB 285

Senate Bill No. 285–Senators Lamb and Bunker

CHAPTER 165

AN ACT to repeal NRS 293.605, relating to the prohibition of intoxicating liquor sales during city and state elections.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 293.605 is hereby repealed.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 166, SB 341

Senate Bill No. 341–Senator Bailey

CHAPTER 166

AN ACT to amend chapter 227 of NRS, relating to the office of the state controller, by abolishing the state controller’s seal of office; eliminating the restriction to punchcard accounting machines; and giving the state controller options regarding rental of equipment and delivery of warrants to payees.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 227.120 is hereby amended to read as follows:

      227.120  The state controller is authorized and directed:

      1.  To secure and install [electric punchcard] accounting machine services and equipment in the office of the state controller.

      2.  To contract for the necessary rental or purchase of the machines and for services incidental thereto, and to purchase the necessary equipment and supplies for the completion of the installation. [The machines shall be secured on a rental basis, and contracts] Contracts shall provide for continuous accounting services, personnel training, machine maintenance services, and assistance by the manufacturer in the efficient utilization of the equipment.

      3.  To accept fees for accounting services performed over and beyond the requirements of the state controller’s office, such fees to be deposited in the general fund.

      Sec. 2.  NRS 227.200 is hereby amended to read as follows:

      227.200  The state controller shall:

      1.  Draw a warrant in favor of any person, business firm or payee certified by an agency of state government to receive money from the treasury and deliver or mail such warrant to the responsible state agency for delivery to the payee entitled thereto [.]

 


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ê1967 Statutes of Nevada, Page 319 (Chapter 166, SB 341)ê

 

for delivery to the payee entitled thereto [.] or deliver or mail such warrant directly to the payee.

      2.  Keep a warrant register, in which book he shall enter all warrants drawn by him. The arrangement of this book shall be such as to show the bill and warrant number, the amount, out of which fund the same are payable, and a distribution of the same under the various appropriations.

      3.  Credit the state treasurer with all warrants paid.

      Sec. 3.  NRS 227.080 is hereby repealed.

      Sec. 4.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 167, SB 273

Senate Bill No. 273–Committee on Finance

CHAPTER 167

AN ACT making a supplemental appropriation from the general fund in the state treasury to the Nevada commission on equal rights of citizens; and providing other matters properly relating thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  For the fiscal year ending June 30, 1967, there is hereby appropriated from the general fund in the state treasury the sum of $1,662 for the support of the Nevada commission on equal rights of citizens as an additional and supplemental appropriation to that allowed and made by section 17 of chapter 489, Statutes of Nevada 1965.

      Sec. 2.  After June 30, 1967, the unexpended balance of the appropriation made by section 1 of this act shall not be encumbered or committed for expenditure and on September 1, 1967, shall revert to the general fund in the state treasury.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 168, AB 60

Assembly Bill No. 60–Committee on State, County and City Affairs

CHAPTER 168

AN ACT to amend chapter 19 of NRS, relating to fees charged by county clerks, by adding a new section providing a uniform exemption in favor of the state, the particular county, cities and towns within the county, and their respective officers; and to amend other sections of chapter 19 of NRS to conform thereto.

 

[Approved March 22, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 19 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The county clerk of each county shall neither charge nor collect any fee for any service rendered by him to:

 


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ê1967 Statutes of Nevada, Page 320 (Chapter 168, AB 60)ê

 

      1.  The State of Nevada;

      2.  The county of which he is county clerk;

      3.  Any city or town within such county; or

      4.  Any officer of the state, such county or any such city or town in such officer’s official capacity.

      Sec. 2.  NRS 19.120 is hereby amended to read as follows:

      19.120  1.  The county clerk of Churchill County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law........................................................................... $17.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them................................................................ . 10.00

For every additional defendant, appearing separately........ 5.00

On the filing of any paper in intervention......................................... 10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $1,000 and less than $5,000....................................................................... 15.00

Where the stated value of the estate is in excess of $5,000          25.00

Where the stated value of the estate is less than $1,000, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil............................................ 5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner           15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion.................. 5.00

For issuing an execution or order of sale in any action.................... 1.00

For filing a notice of appeal and appeal bonds, each....................... 1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage......................................................................... 2.50 For any copy of any record, proceeding or paper on file in the office of the clerk:

 

 


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ê1967 Statutes of Nevada, Page 321 (Chapter 168, AB 60)ê

 

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio............................ $0.20

When the copy is photostated, for the first page.................... .50

For each additional page photostated...................................... .50

For each certificate of the clerk, under the seal of the court.............. .75

For filing remittitur from the supreme court....................................... 1.00

For recording judgment entered thereon, per folio.................. .20

For issuing transcript of judgment and certifying thereto................ 1.00

For filing and docketing abstract of judgment of a justice’s court         1.00

For issuing execution thereon................................................... 1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk  1.00

For comparing such copy with the original, per folio............. .05

For filing and indexing articles of incorporation................................ 1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement................... 1.00

For filing and recording a bond of a notary public............................ 2.50

For administering each oath, without a certificate, except in a pending action or proceeding.......................................................................... .50

For taking any affidavit, except in criminal cases............................... .50

For searching records or files in the office of the clerk, for each year      .50

For taking acknowledgments................................................................ 1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name, where the certificate contains in excess of four names...................................................................................... .25

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  [The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Churchill County, or any city or town within Churchill County, or any officer thereof in his official capacity.] No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

 


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ê1967 Statutes of Nevada, Page 322 (Chapter 168, AB 60)ê

 

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 3.  NRS 19.130 is hereby amended to read as follows:

      19.130  1.  The county clerk of Clark County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, in addition to the court fee now provided by law, to be paid by the party commencing such action or proceeding or transfer.............. $17.00

On an appeal to the district court of any case from a justice’s court or a municipal court, or on the transfer of any case from a justice’s court or a municipal court, in addition to the court fee now provided by law     ........................................................................................................ 7.00

On the filing of a petition for letters testamentary, or of administration or guardianship, which fee shall include the court fee now provided by law, to be paid by the petitioner:

Where the stated value of the estate is more than $1,000 and less than $5,000....................................................................... 15.00

Where the stated value of the estate is $5,000 or more.... 25.00

Where the stated value of the estate is $1,000 or less, no fee may be charged or collected.

On filing a petition to contest any will or codicil, to be paid by the petitioner.......................................................................................................... 15.00

On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving or objecting party................................... 5.00

On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them.................................................................. 10.00

For every additional defendant, appearing separately........ 5.00

On the filing of any paper in intervention......................................... 10.00

 

      2.  The clerk shall also be entitled to charge and collect the following fees and compensation not provided for in subsection 1:

 

For issuing an execution or order of sale, in any action................. $1.00

For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing the same and which shall be in full for all services to be rendered in connection with the motion     5.00

For filing a notice of appeal and appeal bond, each.................... 1.00 For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage... $2.50

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 323 (Chapter 168, AB 60)ê

 

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage.......................................................................... $2.50

For filing remittitur from the supreme court....................................... 1.00

For recording judgment entered thereon, per folio.................. .20

For issuing transcript of judgment and certifying thereto................ 1.00

For filing and docketing abstract of judgment of justice’s court.... 1.00

For issuing execution thereon................................................... 1.00

For preparing any copy of any record, proceeding or paper on file in his office:

When such copy is typed, per folio............................................ .20

When such copy is photostated, for each page....................... .60

For each certificate of the clerk, under the seal of the court         1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate.............. 1.00

For comparing such copy with the original, per folio............. .05

For filing and indexing articles of incorporation................................ 2.50

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement, or bond companies............................................................................................... 1.00

For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity....................................... 1.00

For administering each oath, without certificate, except in a pending action or proceeding.................................................................................... 1.00

For issuing any certificate under seal, not otherwise provided for            1.00

For taking any affidavit, except in criminal cases............................... .50

For taking acknowledgment of any deed or other instrument.......... .50

When certificate is prepared by him....................................... 1.00

For searching records or files in his office, for each year, but not to charge suitors or members of the State Bar of Nevada........................... .50

For filing and recording a bond of a notary public............................ 2.50

 

      3.  No fee shall be charged by the clerk for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings. [The clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada, Clark County, or any city or town within Clark County, or any officer thereof in his official capacity.]

      4.  Out of each fee collected on the commencement of any action or proceeding in the district court, except probate and guardianship proceedings, or on an appeal thereto, or on the transfer of any case from a justice’s court or a municipal court, the clerk shall set aside the sum of $3 to be paid into the county treasury of Clark County for the benefit of the Clark County law library fund, which fund is hereby created.

 


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ê1967 Statutes of Nevada, Page 324 (Chapter 168, AB 60)ê

 

proceeding in the district court, except probate and guardianship proceedings, or on an appeal thereto, or on the transfer of any case from a justice’s court or a municipal court, the clerk shall set aside the sum of $3 to be paid into the county treasury of Clark County for the benefit of the Clark County law library fund, which fund is hereby created. All other fees collected by the clerk shall be paid into the county treasury of Clark County on or before the 5th day of the month succeeding the month in which such fees are collected for the benefit of the general fund.

      5.  When and if, by reason of the payment of fees provided for in subsection 4, there shall accumulate a sum in the Clark County law library fund in excess of $3,000, the board of county commissioners of Clark County shall transfer from time to time as such excess may accrue all of the excess above the sum of $3,000.

      Sec. 4.  NRS 19.140 is hereby amended to read as follows:

      19.140  1.  The county clerk of Douglas County shall be allowed to charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal   ........................................................................................................ $15.00

For all services rendered in any proceeding had pursuant to NRS 146.070 where the estate exceeds $1,000 in value................................... 5.00

For services in probate proceedings wherein a summary administration shall be ordered....................................................................................... 15.00

For services in probate proceedings wherein summary administration is not ordered............................................................................................ 25.00

On filing a petition to contest any will or codicil, to be paid by the petitioner.......................................................................................................... 15.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them.................................................................. 10.00

For every additional defendant appearing separately......... 5.00

The foregoing fees shall be in full for all services rendered by the clerk in the case, to and including the making up of the judgment roll.

On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing same shall pay to the clerk, in full for all services to be rendered in connection with the motion            5.00

For issuing an execution or order of sale, in any action................... 1.00

For filing a notice of appeal and appeal bonds, each....................... 1.00

 

      2.  The clerk shall also be entitled to charge and collect the following fees and compensation not mentioned in subsection 1:

 

For any copy of any record, proceeding or paper on file in the office of the clerk relating to any civil action theretofore tried or pending in the court, when such copy is made by him, per folio............................... $0.30

For each certificate of the clerk, under the seal of the court....... 1.00 For filing each claim in probate of insolvency proceedings, to be paid by the party filing such claim.................. $0.25

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 325 (Chapter 168, AB 60)ê

 

For filing each claim in probate of insolvency proceedings, to be paid by the party filing such claim.................................................................. $0.25

 

      3.  For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:

 

For issuing marriage licenses, one-half to be paid to the county recorder     ........................................................................................................ $2.00

For filing, indexing and registering certificates of copartnership..... 2.50

For filing and indexing articles of incorporation................................ 2.50

For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court, and official bonds and certificates of appointment, each..................................................................... 1.00

For issuing any license required by law, other than marriage licenses      1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate.............. 1.00

For comparing the copy with the original, per folio................ .05

For making satisfaction of or credit on judgment............................... .25

For filing and receiving remittitur from supreme court..................... 1.00

For administering each oath without certificate, except in a pending action or proceeding...................................................................................... .50

For taking an affidavit, except in criminal cases................................. .50

For taking and approving each undertaking and the justification thereof, except in criminal cases.................................................................. 1.00

For searching records or files in his office, for each year (but no charge to suitors or attorneys)........................................................................... .50

For taking acknowledgment of any deed or other instrument, including the certificate.......................................................................................... 1.00

 

      4.  [The clerk shall neither charge nor collect any fees for services by him rendered to the State of Nevada or Douglas County, or any city or town within Douglas County, or any officer thereof in his official capacity.] No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 5.  NRS 19.160 is hereby amended to read as follows:

      19.160  1.  The county clerk of Esmeralda County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law........................................................................... $17.00 On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........ $10.00

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 326 (Chapter 168, AB 60)ê

 

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them................................................................ $10.00

For every additional defendant, appearing separately........ 5.00

On the filing of any paper in intervention......................................... 10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $1,000 and less than $5,000....................................................................... 15.00

Where the stated value of the estate is in excess of $5,000          25.00

Where the stated value of the estate is less than $1,000, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil............................................ 5.00

On filing a petition to contest any will or codicil to be paid by the petitioner.......................................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion.................. 5.00

For issuing an execution or order of sale in any action.................... 1.00

For filing a notice of appeal and appeal bonds, each....................... 1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage............................................................................. 2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio................................. .20

When the copy is photostated, for the first page.................... .50

For each additional page photostated...................................... .50

For each certificate of the clerk, under the seal of the court.............. .75

For filing remittitur from the supreme court....................................... 1.00

For recording judgment entered thereon, per folio.................. .20

For issuing transcript of judgment and certifying thereto................ 1.00

For filing and docketing abstract of judgment of a justice’s court           1.00

For issuing execution thereon............................................... 1.00 For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk.. $1.00

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 327 (Chapter 168, AB 60)ê

 

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk  $1.00

For comparing such copy with the original, per folio............. .05

For filing and indexing articles of incorporation................................ 1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement................... 1.00

For filing and recording a bond of a notary public............................ 2.50

For administering each oath, without a certificate, except in a pending action or proceeding...................................................................................... .50

For taking any affidavit, except in criminal cases............................... .50

For searching records or files in the office of the clerk, for each year      .50

For taking acknowledgments................................................................ 1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name, where the certificate contains in excess of four names...................................................................................... .25

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  [The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Esmeralda County, or any city or town within Esmeralda County, or any officer thereof in his official capacity.] No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 6.  NRS 19.170 is hereby amended to read as follows:

      19.170  1.  The county clerk of Eureka County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law........................................................................... $17.00 On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........ $10.00

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 328 (Chapter 168, AB 60)ê

 

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them................................................................ $10.00

For every additional defendant, appearing separately........ 5.00

On the filing of any paper in intervention......................................... 10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $1,000 and less than $5,000....................................................................... 15.00

Where the stated value of the estate is in excess of $5,000          25.00

Where the stated value of the estate is less than $1,000, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil............................................ 5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner.......................................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion.................. 5.00

For issuing an execution or order of sale in any action.................... 1.00

For filing a notice of appeal and appeal bonds, each....................... 1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage............................................................................. 2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio................................. .20

When the copy is photostated, for the first page.................... .50

For each additional page photostated...................................... .50

For each certificate of the clerk, under the seal of the court.............. .75

For filing remittitur from the supreme court....................................... 1.00

For recording judgment entered thereon, per folio.................. .20

For issuing transcript of judgment and certifying thereto................ 1.00

For filing and docketing abstract of judgment of a justice’s court           1.00

For issuing execution thereon............................................... 1.00 For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk.. $1.00

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 329 (Chapter 168, AB 60)ê

 

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk  $1.00

For comparing such copy with the original, per folio............. .05

For filing and indexing articles of incorporation................................ 1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement................... 1.00

For filing and recording a bond of a notary public............................ 2.50

For administering each oath, without a certificate, except in a pending action or proceeding...................................................................................... .50

For taking any affidavit, except in criminal cases............................... .50

For searching records or files in the office of the clerk, for each year      .50

For taking acknowledgments................................................................ 1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name, where the certificate contains in excess of four names...................................................................................... .25

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  [The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Eureka County, or any city or town within Eureka County, or any officer thereof in his official capacity.] No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 7.  NRS 19.180 is hereby amended to read as follows:

      19.180  1.  The county clerk of Humboldt County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law........................................................................... $17.00 On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........ $10.00

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 330 (Chapter 168, AB 60)ê

 

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them................................................................ $10.00

For every additional defendant, appearing separately........ 5.00

On the filing of any paper in intervention......................................... 10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $1,000 and less than $5,000....................................................................... 15.00

Where the stated value of the estate is in excess of $5,000          25.00

Where the stated value of the estate is less than $1,000, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil............................................ 5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner.......................................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion.................. 5.00

For issuing an execution or order of sale in any action.................... 1.00

For filing a notice of appeal and appeal bonds, each....................... 1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage............................................................................. 2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio................................. .20

When the copy is photostated, for the first page.................... .50

For each additional page photostated...................................... .50

For each certificate of the clerk, under the seal of the court.............. .75

For filing remittitur from the supreme court....................................... 1.00

For recording judgment entered thereon, per folio.................. .20

For issuing transcript of judgment and certifying thereto................ 1.00

For filing and docketing abstract of judgment of a justice’s court         ........................................................................................................ 1.00

For issuing execution thereon............................................... 1.00 For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk.. $1.00

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 331 (Chapter 168, AB 60)ê

 

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk  $1.00

For comparing such copy with the original, per folio............. .05

For filing and indexing articles of incorporation................................ 1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement................... 1.00

For filing and recording a bond of a notary public............................ 2.50

For administering each oath, without a certificate, except in a pending action or proceeding...................................................................................... .50

For taking any affidavit, except in criminal cases............................... .50

For searching records or files in the office of the clerk, for each year      .50

For taking acknowledgments................................................................ 1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name where the certificate contains in excess of four names.................................................................................................. .25

For filing miscellaneous documents not connected with any court action    ........................................................................................................ 1.00

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  [The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Humboldt County, or any city or town within Humboldt County, or any officer thereof in his official capacity.] No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 8.  NRS 19.190 is hereby amended to read as follows:

      19.190  1.  The county clerk of Lander County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law........................................................................... $17.00 On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........ $10.00

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 332 (Chapter 168, AB 60)ê

 

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them................................................................ $10.00

For every additional defendant, appearing separately........ 5.00

On the filing of any paper in intervention......................................... 10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $1,000 and less than $5,000....................................................................... 15.00

Where the stated value of the estate is in excess of $5,000          25.00

Where the stated value of the estate is less than $1,000, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil............................................ 5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner.......................................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion.................. 5.00

For issuing an execution or order of sale in any action.................... 1.00

For filing a notice of appeal and appeal bonds, each....................... 1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage............................................................................. 2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio................................. .20

When the copy is photostated, for the first page.................... .50

For each additional page photostated...................................... .50

For each certificate of the clerk, under the seal of the court.............. .75

For filing remittitur from the supreme court....................................... 1.00

For recording judgment entered thereon, per folio.................. .20

For issuing transcript of judgment and certifying thereto................... .20

For filing and docketing abstract of judgment of a justice’s court           1.00

For issuing execution thereon................................................... 1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk  1.00 For comparing such copy with the original, per folio   .............................................................................. $0.05

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 333 (Chapter 168, AB 60)ê

 

For comparing such copy with the original, per folio......... $0.05

For filing and indexing articles of incorporation................................ 1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement................... 1.00

For filing and recording a bond of a notary public............................ 2.50

For administering each oath, without a certificate, except in a pending action or proceeding...................................................................................... .50

For taking any affidavit, except in criminal cases............................... .50

For searching records or files in the office of the clerk, for each year      .50

For taking acknowledgments................................................................ 1.00

For registering and indexing a certificate of fictitious name or designation, notwithstanding the provisions of NRS 602.050......................... .50

For each name, where the certificate contains in excess of four names...................................................................................... .25

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  [The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Lander County, or any city or town within Lander County, or any officer thereof in his official capacity.] No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 9.  NRS 19.200 is hereby amended to read as follows:

      19.200  1.  The county clerk of Lincoln County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law........................................................................... $17.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them.................................................................. 10.00

For every additional defendant, appearing separately.... 5.00 On the filing of any paper in intervention............. $10.00

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 334 (Chapter 168, AB 60)ê

 

On the filing of any paper in intervention....................................... $10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $1,000 and less than $5,000....................................................................... 15.00

Where the stated value of the estate is in excess of $5,000          25.00

Where the stated value of the estate is less than $1,000, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil............................................ 5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner.......................................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion.................. 5.00

For issuing an execution or order of sale in any action.................... 1.00

For filing a notice of appeal and appeal bonds, each....................... 1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage............................................................................. 2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio................................. .20

When the copy is photostated, for the first page.................... .50

For each additional page photostated...................................... .50

For each certificate of the clerk, under the seal of the court.............. .75

For filing remittitur from the supreme court....................................... 1.00

For recording judgment entered thereon, per folio.................. .20

For issuing transcript of judgment and certifying thereto................ 1.00

For filing and docketing abstract of judgment of a justice’s court           1.00

For issuing execution thereon................................................... 1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk  1.00

For comparing such copy with the original, per folio....... .05 For filing and indexing articles of incorporation        .................................................................... $1.00

 

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 335 (Chapter 168, AB 60)ê

 

For filing and indexing articles of incorporation.............................. $1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement................... 1.00

For filing and recording a bond of a notary public............................ 2.50

For administering each oath, without a certificate, except in a pending action or proceeding...................................................................................... .50

For taking any affidavit, except in criminal cases............................... .50

For searching records or files in the office of the clerk, for each year      .50

For taking acknowledgments................................................................ 1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name, where the certificate contains in excess of four names...................................................................................... .25

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  [The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Lincoln County, or any city or town within Lincoln County, or any officer thereof in his official capacity.] No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 10.  NRS 19.210 is hereby amended to read as follows:

      19.210  1.  The county clerk of Lyon County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, the fee to be in addition to the $3 and $15 fees provided by NRS 19.020 and 19.030.................................................................................... $12.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them.................................................................. 10.00

For every additional defendant, appearing separately........ 5.00

On the filing of any paper in intervention....................................... 5.00 On the filing of a petition for letters testamentary or of administration or guardianship to be paid by the petitioner, which fee shall include the court fee of $1.50 provided by NRS 19.020:

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 336 (Chapter 168, AB 60)ê

 

On the filing of a petition for letters testamentary or of administration or guardianship to be paid by the petitioner, which fee shall include the court fee of $1.50 provided by NRS 19.020:

Where the stated value of the estate is $1,000 to $5,000, inclusive  ........................................................................................... $15.00

Where the stated value of the estate is in excess of $5,000          25.00

Where the stated value of the estate is less than $1,000, no fee shall be charged.

On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, other than the filing of a petition to contest any will or codicil, to be paid by the moving party or party objecting....................................... 5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner.......................................................................................................... 10.00

On filing of any notice of motion to move for a new trial in any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services to be rendered in connection with the motion........ 5.00

For issuing an execution or order of sale in any action.................... 1.00

For filing a notice of appeal and appeal bonds, each....................... 1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage............................................................................. 2.50

For any copy of any record, proceeding or paper on file in the office of the clerk, when the copy is typed by him, per folio............................ .20

When the copy is not made by him, but presented for comparison with the original on file in the office, per folio............................................. .50

For each certificate of the clerk under the seal of the court............... .50

For clerk’s certificate of certified copy, in addition to the fees required for typing or comparison...................................................................... 1.00

For filing remittitur from the supreme court....................................... 1.00

For recording judgment entered thereon, per folio.................. .20

For issuing transcript of judgment and certifying thereto................ 1.00

For filing and docketing abstract of judgment of a justice’s court           1.00

For issuing execution thereon................................................................ 1.00

For filing and indexing articles of incorporation................................ 1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement....................................... 1.00 For filing and recording a bond of a notary public.... $1.00

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 337 (Chapter 168, AB 60)ê

 

For filing and recording a bond of a notary public......................... $1.00

For administering each oath, without a certificate, except in a pending action or proceeding...................................................................................... .50

For taking any affidavit, except in criminal cases............................... .50

For taking acknowledgments................................................................ 1.00

For registering and indexing a certificate of fictitious name or designation  ........................................................................................................ 1.00

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  [The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Lyon County, or any city or town within Lyon County or any officer thereof in his official capacity.] No fee shall be charged any attorney and counselor at law duly admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fees shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceeding month.

      Sec. 11.  NRS 19.220 is hereby amended to read as follows:

      19.220  1.  The county clerk of Mineral County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal from a justice’s court thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law...................................... $12.00

In cases wherein an injunction, attachment or receiver is asked for, an additional fee of $2.50 shall be charged and collected.

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them.................................................................. 10.00

For every additional defendant, appearing separately........ 5.00

On the filing of any cross-complaint, counterclaim or paper of intervention.......................................................................................................... 10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 338 (Chapter 168, AB 60)ê

 

Where the stated value of the estate is more than $1,000 and less than $5,000..................................................................... $15.00

Where the stated value of the estate is in excess of $5,000          20.00

Where the stated value of the estate is less than $1,000, no fee shall be charged.

On filing a petition to contest any will or codicil, to be paid by the petitioner.......................................................................................................... 10.00

On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, other than a petition to contest any will or codicil, to be paid by the moving party or party objecting................................................... 5.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion.................. 2.50

For issuing an execution or order of sale in any action.................... 1.00

For filing a notice of appeal and appeal bonds, each....................... 1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage............................................................................. 2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio................................. .30

When the copy is not made by him, but presented for comparison with the original on file in the office, per folio................. .05

For clerk’s certificate of certified copy, in addition to the fees required for typing or comparison...................................................................... 1.00

For each certificate of the clerk, under the seal of the court........... 1.00

For filing remittitur from the supreme court....................................... 1.00

For recording judgment entered thereon, per folio.................. .30

For issuing transcript of judgment and certifying thereto................ 1.00

For filing and docketing abstract of judgment of a justice’s court           1.00

For issuing execution thereon..................................................... .50

For filing and indexing articles of incorporation or partnership agreements ........................................................................................................ 2.50

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement................... 1.00

For filing and recording a bond of a notary public............................ 1.00

For administering each oath, without a certificate, except in a pending action or proceeding...................................................................................... .50

For taking any affidavit, except in criminal cases............................... .50

For searching records or files in the office of the clerk, for each year      .50 For taking acknowledgments............................... $1.00

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 339 (Chapter 168, AB 60)ê

 

For taking acknowledgments.............................................................. $1.00

For filing a petition for a change of name or for a writ of any kind except habeas corpus, and for all services in connection therewith.... 7.50

For filing and docketing an abstract of judgment of a district court of another county and for issuing execution thereon.................... 2.00

 

      2.  All fees prescribed in this section shall be payable in advance.

      3.  The county clerk shall neither charge nor collect any fees for services rendered in any criminal case. [, or for services rendered by him to the State of Nevada or Mineral County in any case wherein the state or county is a plaintiff or a defendant.] No fee shall be charged any attorney and counselor at law duly admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No charge shall be made or fee collected for a writ of habeas corpus.

      4.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 12.  NRS 19.230 is hereby amended to read as follows:

      19.230  1.  The county clerk of Nye County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law........................................................................... $17.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them.................................................................. 10.00

For every additional defendant, appearing separately........ 5.00

On the filing of any paper in intervention......................................... 10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $1,000 and less than $5,000....................................................................... 15.00

Where the stated value of the estate is in excess of $5,000          25.00

Where the stated value of the estate is less than $1,000, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil........................................ 5.00 On filing a petition to contest any will or codicil, to be paid by the petitioner........................................................ $15.00

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 340 (Chapter 168, AB 60)ê

 

On filing a petition to contest any will or codicil, to be paid by the petitioner........................................................................................................ $15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion.................. 5.00

For issuing an execution or order of sale in any action.................... 1.00

For filing a notice of appeal and appeal bonds, each....................... 1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage............................................................................. 2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio................................. .20

When the copy is photostated, for the first page.................... .50

For each additional page photostated...................................... .50

For each certificate of the clerk, under the seal of the court.............. .75

For filing remittitur from the supreme court....................................... 1.00

For recording judgment entered thereon, per folio.................. .20

For issuing transcript of judgment and certifying thereto................ 1.00

For filing and docketing abstract of judgment of a justice’s court           1.00

For issuing execution thereon................................................... 1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk  1.00

For comparing such copy with the original, per folio............. .05

For filing and indexing articles of incorporation................................ 1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement................... 1.00

For filing and recording a bond of a notary public............................ 2.50

For administering each oath, without a certificate, except in a pending action or proceeding...................................................................................... .50

For taking any affidavit, except in criminal cases............................... .50

For searching records or files in the office of the clerk, for each year      .50

For taking acknowledgments............................................................ ... 1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name, where the certificate contains in excess of four names...................................................................................... .25

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 341 (Chapter 168, AB 60)ê

 

include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  [The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Nye County for any city or town within Nye County, or any officer thereof in his official capacity.] No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 13.  NRS 19.250 is hereby amended to read as follows:

      19.250  1.  The county clerk of Pershing County shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law........................................................................... $17.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them.................................................................. 10.00

For every additional defendant, appearing separately........ 5.00

On the filing of any paper in intervention......................................... 10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $1,000 and less than $5,000....................................................................... 15.00

Where the stated value of the estate is in excess of $5,000          25.00

Where the stated value of the estate is less than $1,000, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil............................................ 5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner.......................................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion.............. 5.00 For issuing an execution or order of sale in any action      .............................................................................. $1.00

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 342 (Chapter 168, AB 60)ê

 

For issuing an execution or order of sale in any action.................. $1.00

For filing a notice of appeal and appeal bonds, each....................... 1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage............................................................................. 2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio................................. .20

When the copy is photostated, for the first page.................... .75

For each additional page photostated...................................... .50

For each certificate of the clerk, under the seal of the court.............. .75

For filing remittitur from the supreme court....................................... 1.00

For recording judgment entered thereon, per folio.................. .20

For issuing transcript of judgment and certifying thereto................ 1.00

For filing and docketing abstract of judgment of a justice’s court           1.00

For issuing execution thereon................................................... 1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk  1.00

For comparing such copy with the original, per folio............. .05

For filing and indexing articles of incorporation................................ 1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement................... 1.00

For filing and recording a bond of a notary public............................ 2.50

For administering each oath, without a certificate, except in a pending action or proceeding...................................................................................... .50

For taking any affidavit, except in criminal cases............................... .50

For searching records or files in the office of the clerk, for each year      .50

For taking acknowledgments................................................................ 1.00

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name, where the certificate contains in excess of four names...................................................................................... .25

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  [The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Pershing County, or any city or town within Pershing County, or any officer thereof in his official capacity.]

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 343 (Chapter 168, AB 60)ê

 

services rendered by him to the State of Nevada or Pershing County, or any city or town within Pershing County, or any officer thereof in his official capacity.] No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  All fees collected by the clerk pursuant to this section shall be paid over to the county treasurer on or before the 5th day of the month next succeeding the month in which such fees are collected.

      Sec. 14.  NRS 19.260 is hereby amended to read as follows:

      19.260  1.  The county clerk of Storey County and ex officio clerk of the First Judicial District Court of the State of Nevada, in and for the County of Storey, shall charge and collect fees as follows:

 

On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing the action, which shall include the court fee now provided by law............................................................................................ $11.00

On an appeal to the district court, to be paid by the party taking such appeal, which shall include the court fee now provided by law        10.00

On the appearance of any defendant, or any number of defendants, answering jointly.............................................................................. 2.00

For each additional defendant appearing separately.......... 2.00

For issuing an execution or order of sale in any action.................... 1.00

For filing a notice of appeal and appeal bonds................................. 1.00

For filing a complaint in intervention................................................... 5.00

The foregoing fees shall be in full for all services rendered by the clerk in the case to and including the making of the judgment roll.

On the filing of any notice or motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk, in full for all services to be rendered in connection with the motion     3.00

For all services performed in an action or proceeding which has been transferred from the district court of another county, the fee to be in full for all services rendered in such suit to and including the making of the judgment roll.................................................................................. 10.00

On the filing of a petition for letters testamentary, or of administration or guardianship, which shall include the court fee now provided by law   ........................................................................................................ 15.00

At the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of $1 for each $1,000, or major fraction thereof, of the appraised value in excess of $2,000.

On filing a petition to contest any will or codicil............................ 5.00 For filing objections or cross-petitions to the appointment of an executor, administrator or guardian.............. $2.50

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 344 (Chapter 168, AB 60)ê

 

For filing objections or cross-petitions to the appointment of an executor, administrator or guardian............................................................ $2.50

For filing each claim in probate proceedings, to be paid by the party filing the claim.............................................................................................. .25

 

2.  The clerk shall also charge and collect the following fees not provided for in subsection 1:

 

For a copy of any record or proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio..................... $0.25

For examining and certifying to a copy of any paper or record, or proceeding, prepared by another and presented for his certificate:

For the certificate........................................................................ 1.00

For comparing the copy with the original, per folio................ .10

For each certificate of the clerk under seal of the court................... 1.00

For filing and indexing articles of incorporation................................ 2.50

For filing and indexing all certificates of copartnership................... 2.50

For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court, and papers enumerated in this section................................................................................................ 1.00

For making satisfaction of or credit on judgment............................... .50

For administering each oath, without certificate, except in an action on trial in court................................................................................................. .50

For taking an affidavit or acknowledgment....................................... 1.00

For taking and approving undertaking and justification thereof........... 1.00

For filing remittitur from supreme court.............................................. 1.00

For searching files in his office for each year....................................... .50

 

      3.  The clerk shall also charge and collect all other fees provided by law not enumerated in this section or constituting a part of proceedings instituted in the district court of Storey County.

      4.  [The clerk shall neither charge nor collect any fees for services rendered to the State of Nevada or Storey County, or any city or town within Storey County, or any officer thereof in his official capacity.] No fee shall be charged or collected in criminal cases, and no fee shall be charged for filing official bonds of county or township officers.

      5.  The foregoing fees shall include the fees provided for and known as court fees in NRS 19.020.

      6.  The clerk shall, on or before the 5th day of each month, pay to the county treasurer the amount of all fees charged by the clerk during the preceding month.

      Sec. 15.  NRS 19.270 is hereby amended to read as follows:

      19.270  1.  The county clerk of Washoe County shall charge and collect the following fees:

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 345 (Chapter 168, AB 60)ê

 

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law........................................................................... $17.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them.................................................................. 10.00

For every additional defendant, appearing separately........ 5.00

On the filing of any paper in intervention......................................... 10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than $1,000 and less than $5,000....................................................................... 15.00

Where the stated value of the estate is in excess of $5,000          25.00

Where the stated value of the estate is less than $1,000, no fee shall be collected.

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil............................................ 5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner.......................................................................................................... 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion.................. 5.00

For issuing an execution or order of sale in any action.................... 1.00

For filing a notice of appeal and appeal bonds, each....................... 1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage............................................................................. 2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio................................. .20

When the copy is photostated, for the first page.................... .75

For each additional page photostated...................................... .50

For each certificate of the clerk, under the seal of the court........... 1.00

For filing remittitur from the supreme court....................................... 1.00

For recording judgment entered thereon, per folio........... .20 For issuing transcript of judgment and certifying thereto.................................................................... $1.00

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 346 (Chapter 168, AB 60)ê

 

For issuing transcript of judgment and certifying thereto.............. $1.00

For filing and docketing abstract of judgment of a justice’s court           1.00

For issuing execution thereon................................................... 1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk  1.00

For comparing such copy with the original, per folio............. .05

For filing and indexing articles of incorporation................................ 2.50

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement................... 1.00

For filing and recording a bond of a notary public............................ 2.50

For administering each oath, without a certificate except in a pending action or proceeding...................................................................................... .50

For taking any affidavit, except in criminal cases............................... .50

For searching records or files in the office of the clerk, for each year      .50

For taking acknowledgments................................................................ 1.00

 

      2.  All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  [The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Washoe County, or any city or town within Washoe County, or any officer thereof in his official capacity.] No fee shall be charged any attorney and counselor at law duly admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

 

________

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 347ê

 

CHAPTER 169, SB 388

Senate Bill No. 388–Committee on Finance

CHAPTER 169

AN ACT making a supplemental appropriation from the general fund in the state treasury to the welfare division of the department of health and welfare for the support of old-age assistance and medical assistance for the aged for the fiscal year ending June 30, 1967; authorizing the governor to direct the transfer of certain moneys previously appropriated for aid to dependent children, child welfare services and aid to the blind during the fiscal year ending June 30, 1967, for the support of old-age assistance and medical assistance for the aged for the fiscal year ending June 30, 1967; imposing certain conditions; and providing other matters properly relating thereto.

 

[Approved March 23, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  1.  For the fiscal year ending June 30, 1967, there is hereby appropriated from the general fund in the state treasury to the welfare division of the department of health and welfare the sum of $101,000 for the support of old-age assistance and medical assistance for the aged as an additional and supplemental appropriation to that allowed and made by section 27 of chapter 489, Statutes of Nevada 1965.

      2.  After June 30, 1967, the unexpended balance of the appropriation made by subsection 1 shall not be encumbered or committed for expenditure and on September 1, 1967, shall revert to the general fund in the state treasury.

      Sec. 2.  1.  Notwithstanding the provisions of any other statute, but subject to the provisions of subsection 2, during the fiscal year ending June 30, 1967, upon the recommendation of the chief of the budget division of the department of administration, the governor is authorized to direct the state controller to transfer not to exceed the sum of $30,000 from the moneys appropriated by section 27 of chapter 489, Statutes of Nevada 1965, for aid to dependent children, child welfare services and aid to the blind for the fiscal year ending June 30, 1967, for the support of old-age assistance and medical assistance for the aged for the fiscal year ending June 30, 1967.

      2.  The transfer of moneys authorized by subsection 1 shall not be effected if the result of such transfer would be to reduce the amounts of assistance granted to recipients of aid to dependent children, child welfare services and aid to the blind.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 348ê

 

CHAPTER 170, SB 266

Senate Bill No. 266–Committee on Transportation

CHAPTER 170

AN ACT relating to state highways; to amend various sections of NRS relating to the state highway engineer, contractors’ claims on construction projects, and relocation payments in connection with federal aid projects; and providing other matters properly relating thereto.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 408.185 is hereby amended to read as follows:

      408.185  1.  The engineer, assistant engineers and accountant are hereby authorized to use a facsimile signature produced through a mechanical device in place of their handwritten signatures whenever the necessity may arise.

      2.  Such mechanical facsimile signature devices shall be of such nature that the facsimile signature plate may be inserted and removed from the mechanical device [and kept in a separate secure place.] only by use of two locking keys.

      3.  Such facsimile signatures shall be made and used only under the personal direction and supervision of the engineer, assistant engineers and accountant respectively.

      4.  All of the [mechanical devices and facsimile signatures] facsimile signature plates and locking keys shall at all times be kept in a vault, securely locked when not in use, to the end that any misuse, fraudulent use or other improper use shall be prevented.

      Sec. 2.  NRS 408.900 is hereby amended to read as follows:

      408.900  1.  Any person who has furnished labor, materials, provisions, implements, machinery, means of transportation or supplies used or consumed by such contractor or his or its subcontractors in or about the performance of the work contracted to be done, and whose claim therefor has not been paid by such contractor or subcontractors, and who desires to be protected under the bond, shall file with the department a claim in triplicate within 30 days from the date of final acceptance of the contract as provided in NRS 408.925, and such claim shall be executed and verified before a notary public and contain a statement that the same has not been paid. One copy shall be filed in the office of the department and the remaining copies shall be forwarded to the contractor and surety.

      2.  Any such person so filing a claim may at any time within 6 months thereafter commence an action against the surety or sureties on the bond for the recovery of the amount of the claim and the filing of such claim shall not constitute a claim against the department. Failure to commence such action upon the bond and the sureties within 6 months after date of the department’s final acceptance will bar any right of action against such surety or sureties. [and against the State of Nevada and the department.]

      Sec. 3.  NRS 408.920 is hereby amended to read as follows:

      408.920  1.  The engineer may authorize partial payments at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses. The progress estimates shall be based upon materials in place, or on the job site, or at a location approved by the engineer, and invoiced, and labor expended thereon.

 


…………………………………………………………………………………………………………………

ê1967 Statutes of Nevada, Page 349 (Chapter 170, SB 266)ê

 

materials in place, or on the job site, or at a location approved by the engineer, and invoiced, and labor expended thereon. Not more than 90 percent of the contract price of any work shall be paid in advance of full completion and final acceptance of such improvement or construction, except that at any time after 50 percent of the work has been completed, if the engineer finds that satisfactory progress is being made, he may make any of the remaining partial payments in full, based upon the progress estimates.

      2.  The withheld percentage of the contract price of any such work or improvement or construction shall be retained until the contract is completed satisfactorily and finally accepted by the engineer and any authorized representative of the United States Government having supervision of highways within the meaning of this chapter.

      3.  If it becomes necessary for the department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, shall first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the department shall be payable to the contractor or the contractor’s creditors.

      4.  Such retained percentage as may be due any contractor shall be due and payable at the expiration of the 30-day period as provided in NRS 408.900 for filing of creditors’ claims, and such retained percentage shall be due and payable to the contractor at such time without regard to creditors’ claims filed with the department.

      Sec. 4.  NRS 408.987 is hereby amended to read as follows:

      408.987  1.  As used in this section:

      (a) “Eligible person” means any individual, family, business concern, including the operation of a farm, or nonprofit organization, which has occupied, either as the owner or as a tenant, real property acquired or to be acquired for a federal aid highway project in this state for at least 60 days immediately prior to the date the [engineer gives written notice to the record owner that the property is to be acquired] record owner receives a written offer by the department to purchase the property for a federal aid highway project.

      (b) “Relocation payment” means payment of or reimbursement for reasonable and necessary moving expenses, or payment of fixed amounts in lieu of reasonable and necessary moving expenses.

      (c) “Moving expenses” means the actual cost of transporting the personal property of a displaced person or business to a new location, but does not include incidental expenses, damages to property, or loss of property resulting from the act of moving.

      2.  Relocation payments shall be made to an eligible person in accordance with the provisions of this section and pursuant to such rules and regulations as shall be prescribed by the board.

      3.  The amount of relocation payments shall be established by the engineer and shall not exceed $200 in the case of an individual or a family, or $3,000 in the case of a business concern, including the operation of a farm, or nonprofit organization.

      4.  In the case of a business, including the operation of a farm, or a nonprofit organization, the allowable expenses for transportation under this section shall not exceed the cost of moving up to 50 miles from the point from which such business or organization is displaced.

 


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ê1967 Statutes of Nevada, Page 350 (Chapter 170, SB 266)ê

 

this section shall not exceed the cost of moving up to 50 miles from the point from which such business or organization is displaced.

      5.  The rules and regulations prescribed by the board may include provisions authorizing payments to individuals and families of fixed amounts, not to exceed $200 in any case, in lieu of reasonable and necessary moving expenses.

      6.  This section shall be inapplicable in any instance where and to whatever extent its applicability would render the state or the department ineligible for reimbursement from federal funds under any existing or subsequent federal laws or amendments thereto.

      Sec. 5.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 171, AB 260

Assembly Bill No. 260–Committee on Ways and Means

CHAPTER 171

AN ACT to amend NRS 353.185, 353.215 and 353.225, being sections of the State Budget Act relating to the general powers and duties of the chief of the budget division of the department of administration, state department work programs and reserve funds.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 353.185 is hereby amended to read as follows:

      353.185  The powers and duties of the chief shall be:

      1.  To appraise the quantity and quality of services rendered by each agency in the executive department of the state government, and the needs for such services and for any new services.

      2.  To develop plans for improvements and economies in organization and operation of the executive department, and to install such plans as are approved by the respective heads of the various agencies of such department, or as are directed to be installed by the governor or the legislature.

      3.  To cooperate with the state planning board in developing comprehensive, long-range plans for capital improvements and the means for financing them.

      4.  To devise and prescribe the forms of operation reports to be required periodically from the several agencies in the executive department, and to require the several agencies to make such reports.

      5.  To prepare the executive budget report for the governor’s approval and submission to the legislature.

      6.  To prepare a budget for the executive department of the state government for the next 2 fiscal years, which budget shall:

      (a) Present a complete financial plan for the next 2 fiscal years;

      (b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the executive department of the state government, including those operating on funds designated for specific purposes by the constitution or otherwise;

 

 


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ê1967 Statutes of Nevada, Page 351 (Chapter 171, AB 260)ê

 

executive department of the state government, including those operating on funds designated for specific purposes by the constitution or otherwise;

      (c) Set forth all interest and debt redemption charges during the next 2 fiscal years;

      (d) Set forth all expenditures for capital projects to be undertaken and executed during the next 2 fiscal years; and

      (e) Set forth the anticipated revenues of the state government, and any other additional means of financing the expenditures proposed for the next 2 fiscal years.

      7.  To examine and approve work programs and [quarterly] allotments to the several agencies in the executive department, and changes therein.

      8.  To examine and approve all statements and reports on the financial condition and estimated future financial condition and the operations of the agencies in the executive department of the state government and the several budget units, before any such reports are released to the governor, to the legislature, or for publication.

      9.  To receive and deal with all requests for information as to financial conditions and operations of the state.

      10.  To prepare such statements of unit costs and other cost statistics as may be required from time to time, or requested by the governor or the legislature.

      11.  To do and perform such other and further duties relative to the development and submission of an adequate budget for the executive department of the state government of the State of Nevada as the governor may require.

      Sec. 2.  NRS 353.215 is hereby amended to read as follows:

      353.215  1.  Not later than June 1 of each year the governor shall require the head of each department, institution and agency of the executive department of the state government to submit to him through the chief a work program for the ensuing fiscal year. Such program shall:

      (a) Include all appropriations or other funds from any source whatever made available to the department, institution or agency for its operation and maintenance and for the acquisition of property.

      (b) Show the requested allotments of appropriations or other funds by [quarters] month or other period as the chief may require for the entire fiscal year.

      2.  The governor, with the assistance of the chief, shall review the requested allotments with respect to the work program of each department, institution or agency, and the governor shall, if he deems it necessary, revise, alter or change such allotments before approving the same. The aggregate of such allotments shall not exceed the total appropriations or other funds from any source whatever made available to the department, institution or agency for the fiscal year in question.

      3.  The chief shall transmit a copy of the allotments as approved by the governor to the head of the department, institution or agency concerned, to the state treasurer, to the state controller and to the fiscal analyst.

      4.  All expenditures to be made from the appropriations or other funds from any source whatever shall be made on the basis of such allotments and not otherwise, and shall be broken down into such classifications as the chief may require.

 


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ê1967 Statutes of Nevada, Page 352 (Chapter 171, AB 260)ê

 

funds from any source whatever shall be made on the basis of such allotments and not otherwise, and shall be broken down into such classifications as the chief may require.

      Sec. 3.  NRS 353.225 is hereby amended to read as follows:

      353.225  1.  In order to provide some degree of flexibility to meet emergencies arising during each fiscal year in the expenditures for operation and maintenance of the various departments, institutions and agencies of the executive department of the state government, the chief, with the approval in writing of the governor, may require the head of each such department, institution or agency, in making the original allotments, to set aside a reserve in such amount as the chief may determine, out of the total amount appropriated or out of other funds available from any source whatever to the department, institution or agency.

      2.  At any time during the fiscal year this reserve or any portion of it may be returned to the appropriation or other fund to which is belongs and may be added to any one or more of the allotments, provided the governor shall deem such action necessary and shall so certify in writing, delivering a copy of the certificate to the chief, the state treasurer and the state controller.

      [3.  Any unexpected and unencumbered balances of allotments at the end of each quarter shall be credited to the reserve set up for the fiscal year.]

      Sec. 4.  This act shall become effective at 12:01 a.m. on July 1, 1967.

 

________

 

 

CHAPTER 172, SB 245

Senate Bill No. 245–Committee on Judiciary

CHAPTER 172

AN ACT relating to the notice required of the applications of fiduciaries; to conform certain notice requirements; and providing other matters properly relating thereto.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 155.010 is hereby amended to read as follows:

      155.010  1.  Upon the filing of:

      (a) A petition relating to the family allowance filed after the return of the inventory; or

      (b) A petition for leave to settle or compromise a claim against a debtor of the decedent, or a claim against the estate, or a suit against the executor or administrator, as such; or

      (c) A petition for the sale of stocks or bonds; or

      (d) A petition for leave to sell or give an option to purchase a mining claim or real property worked as a mine; or

      (e) A petition for leave to execute a promissory note, mortgage, or deed of trust or give other security; or

      (f) A petition for leave to lease or to exchange property, or to institute an action for partition of property; or

 


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ê1967 Statutes of Nevada, Page 353 (Chapter 172, SB 245)ê

 

      (g) A petition for an order authorizing or directing the investment of money; or

      (h) A report of appraisers concerning a homestead; or

      (i) An account of an executor, administrator or trustee; or

      (j) A petition for partial or ratable or final distribution; or

      (k) A petition for the delivery of the estate of a nonresident; or

      (1) A petition for determination of heirship or interest in an estate; or

      (m) A petition of a trustee for instructions; or

      (n) A petition for the appointment of a trustee after distribution; and

in all cases in which notice is required and no other time or method is prescribed by law or by the court, [or judge,] the clerk shall set the same for hearing by the court and shall give notice of the petition, application, report or account by causing a notice to be posted at the courthouse of the county where the proceedings are pending, at least 10 days before the day of hearing.

      2.  The notice shall:

      (a) Give the name of the estate.

      (b) Give the name of the petitioner.

      (c) State the nature of the application.

      (d) Refer to the petition for further particulars.

      (e) Notify all persons interested to appear at the time and place mentioned in the notice and show cause, if any they have, why the order should not be made.

      3.  [Within 2] Unless otherwise ordered by the court, within 10 days after the filing of such petition, account, return or report the person filing the same must cause a copy of the notice to be [mailed] delivered to the executor or administrator, when he is not the petitioner, or any coexecutor or coadministrator not petitioning, and to all persons (or to their attorneys, if they have appeared by attorney), who have filed a written request for notice in accordance with the provisions of NRS 155.030, or who have given notice of appearance in the estate in person or by attorney, as heir, devisee, legatee or creditor, or as otherwise interested, [addressed to them at their respective post office addresses given in their requests for special notice, if any, otherwise at their respective offices or places of residence, if known, and if not, addressed to them at the county seat of the county where the proceedings are pending. Personal service of such notices may be made on any such person or his attorney within the 2 days, and such personal service shall be equivalent to mailing of such notice.] as follows:

      (a) By handing the notice or copy to the party in interest personally or to his guardian, or attorney of record; or

      (b) By sending it by registered mail with return receipt requested to such party in interest, or his guardian or attorney of record, at the last-known address of the addressee.

      4.  Proof of the giving of notice must be made at the hearing; and if it appears to the satisfaction of the court that the notice has been regularly given the court shall so find in its order, and the order, when it becomes final, shall be conclusive upon all persons.

 


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ê1967 Statutes of Nevada, Page 354 (Chapter 172, SB 245)ê

 

      5.  Whenever notice of any proceeding listed in subsection 1 is required by this Title to be given by publication, proof of the publication of such notice as so required shall be equivalent to compliance with the provisions of this section relating to posting of notice.

      Sec. 2.  NRS 164.030 is hereby amended to read as follows:

      164.030  1.  Any trustee whose appointment has been confirmed, as provided in NRS 164.010, at any time thereafter may petition the court for instructions in the administration of the trust or for a construction of the trust instrument, or upon or after the filing of any account, for the settlement and allowance thereof.

      2.  Upon the filing of the petition the court shall make an order fixing a time and place for hearing thereof, unless hearing has been waived in writing by the beneficiaries of the trust. [Notice of the hearing shall be given by publishing a copy of the order one time in a newspaper of the county at least 20 days before the date of the hearing, and by mailing a copy thereof to each party in interest then in being, at his last-known address, at least 10 days before the date of the hearing or in such other manner as the court shall order. If the court shall deem further notice necessary it shall be given in the manner as may be specified in the order.]

      3.  Unless otherwise ordered by the court, notice of the hearing shall be given as follows:

      (a) The clerk shall cause a copy of the order to be posted at the courthouse of the county where the proceedings are pending, at least 10 days before the day of the hearing; and

      (b) The trustee filing such petition shall cause a copy of the order to be delivered to the beneficiaries of the trust as follows:

             (1) By handing the notice or copy to the beneficiary personally or to his guardian, or attorney of record; or

             (2) By sending it by registered mail with return receipt requested to such beneficiary, or his guardian or attorney of record, at the last-known address of the addressee.

      4.  Upon the hearing the court shall make such order as it deems appropriate, which order shall be final and conclusive as to all matters thereby determined and binding in rem upon the trust estate and upon the interests of all beneficiaries, vested or contingent, except that appeal to the supreme court may be taken from the order within 30 days from the entry thereof by filing notice of appeal with the clerk of the district court, who shall mail a copy of the notice to each adverse party who has appeared of record.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1967 Statutes of Nevada, Page 355ê

 

CHAPTER 173, SB 246

Senate Bill No. 246–Committee on Judiciary

CHAPTER 173

AN ACT to amend NRS 128.070, relating to termination of parental rights, by conforming requirements for notice by publication to the Nevada Rules of Civil Procedure.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 128.070 is hereby amended to read as follows:

      128.070  1.  [If the father or mother of such person resides outside the state, or if his or her place of residence is not known to the petitioner, the petitioner or his agent, or attorney, shall make and file an affidavit and shall state therein the name of the father or mother who resides outside the state and his or her place of residence, if known to the petitioner, and the name of the father or mother residing in or out of the state whose place of residence is unknown to the petitioner. Thereupon, the judge shall make an order that the service of the notice be made by publication in a newspaper to be named and designated as most likely to give notice to the father or mother to be served, once a week for 4 consecutive weeks. In case of publication where the residence of a non-resident or absent parent is known, the judge may direct a copy of the notice, together with a copy of the petition, to be forthwith, and within 10 days from the date of the order, deposited in the post office, with postage thereto fully prepaid, directed to such parent to be served, at his or her place of residence.

      2.  Service by publication or by publication and mailing shall be complete at the expiration of 4 weeks from the date of the first publication.

      3.  When publication is ordered, personal service of a copy of the notice, together with a copy of the petition, is equivalent to publication and deposit in the post office.

      4.  Personal service shall be made or service by publication shall be completed not less than 30 days prior to the day of the hearing as stated in the notice.

      5.]  When the father or mother of such minor child on whom service is to be made resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself or herself to avoid the service of summons, and the fact appears, by affidavit, to the satisfaction of the court or judge thereof, and it appears, either by affidavit or by a verified complaint on file, that a cause of action exists against the named father or mother in respect to whom the service is to be made, and that he or she is a necessary or proper party to the action, such court or judge may grant an order that the service be made by the publication of summons. When the affidavit is based on the fact that the father or mother on whom service is to be made resides out of the state, and the present address of the father or mother is unknown, it shall be a sufficient showing of such fact if the affiant states generally in such affidavit that at a previous time such person resided out of this state in a certain place (naming the place and stating the latest date known to the affiant when such person so resided there);

 


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ê1967 Statutes of Nevada, Page 356 (Chapter 173, SB 246)ê

 

that such place is the last place in which such person resided to the knowledge of affiant; that such person no longer resides at such place; that affiant does not know the present place of residence of such person or where such person can be found; and that affiant does not know and has never been informed and has no reason to believe that such person now resides in this state; and, in such case, it shall be presumed that such person still resides and remains out of the state, and such affidavit shall be deemed to be a sufficient showing of due diligence to find the father or mother.

      2.  The order shall direct the publication to be made in a newspaper, to be designated by the court or judge thereof, for a period of 4 weeks, and at least once a week during such time. In case of publication, where the residence of a nonresident or absent father or mother is known, the court or judge shall also direct a copy of the summons and complaint to be deposited in the post office, directed to the person to be served at his place of residence. When publication is ordered, personal service of a copy of the summons and complaint, out of the state, shall be equivalent to completed service by publication and deposit in the post office, and the person so served shall have 20 days after such service to appear and answer or otherwise plead. The service of summons shall be deemed complete in cases of publication at the expiration of 4 weeks from the first publication, and in cases when a deposit of a copy of the summons and complaint in the post office is also required, at the expiration of 4 weeks from such deposit.

      3.  Personal service outside the state upon a father or mother over the age of 18 years may be made in any action where the person served is a resident of this state. When such facts appear, by affidavit, to the satisfaction of the court or judge thereof, and it appears, either by affidavit or by a verified complaint on file, that a cause of action exists against the person in respect to whom the service is to be made, and that he or she is a necessary or proper party to the action, such court or judge may grant an order that the service be made by personal service outside the state. Such service shall be made by delivering a copy of the process together with a copy of the complaint in person to the person served. The methods of service are cumulative, and may be utilized with, after or independently of other methods of service.

      4.  Whenever personal service cannot be made, the court may require, before ordering service by publication or by publication and mailing, such further and additional search to determine the whereabouts of a parent or parents as may be warranted by the facts stated in the affidavit of the petitioner to the end that actual notice to a parent or parents shall be given whenever possible.

      [6.] 5.  If one or both of the parents of such minor be unknown, or if the name of either or both of his parents be uncertain, then such facts shall be set forth in the affidavit and the court shall order the notice to be directed and addressed to either the father or the mother of such person, and to all persons claiming to be the father or mother of the person. Such notice, after the caption, shall be addressed substantially as follows: “To the father and/or mother of the above-named person, and to all persons claiming to be the father and/or mother of such person.”

 

 


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ê1967 Statutes of Nevada, Page 357 (Chapter 173, SB 246)ê

 

and to all persons claiming to be the father and/or mother of such person.”

 

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CHAPTER 174, AB 335

Assembly Bill No. 335–Mr. Homer (By request)

CHAPTER 174

AN ACT to amend NRS 704.230, prohibiting the installation and use of mechanical watermeters in certain cities, to allow such installation and use in special charter cities if the statutes so allow.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 704.230 is hereby amended to read as follows:

      704.230  1.  [It shall be] Except as otherwise provided in any special law for the incorporation of a city, it is unlawful for any public utility, for any purpose or object whatever, in any city or town containing more than 7,500 inhabitants, to install, operate or use, within such city or town, any mechanical watermeter, or similar mechanical device, to measure the quantity of water delivered to water users.

      2.  Nothing in subsection 1 shall apply to cities and towns owning and operating municipal waterworks, or to cities and towns located in counties having a population of 120,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 175, AB 334

Assembly Bill No. 334–Mr. Homer (By request)

CHAPTER 175

AN ACT to amend an act entitled “An Act to incorporate Carson City,” approved February 25, 1875, as amended.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 87, is hereby amended by adding thereto a new section to be designated as section 31.5, which shall immediately follow section 31 and shall read as follows:

      Section 31.5.  Any public utility is expressly authorized, for any purpose or object whatever, to install, operate or use within the city mechanical watermeters, or similar mechanical devices, to measure the quantity of water delivered to water users.

      Sec. 2.  This act shall become effective upon passage and approval.

 

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ê1967 Statutes of Nevada, Page 358ê

 

CHAPTER 176, SB 234

Senate Bill No. 234–Senator Bailey

CHAPTER 176

AN ACT to amend NRS 371.060, relating to the motor vehicle privilege tax, by decreasing the minimum tax on trailers weighing less than 1,000 pounds.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 371.060 is hereby amended to read as follows:

      371.060  1.  Except as provided in subsection 2, each vehicle shall be depreciated by the department for the purposes of the annual privilege tax according to the following schedule:

 

                                                                                                                         Percentage of

  Age                                                                                                     Initial Value

New................................................................................................. 100.... percent

1 year................................................................................................ 85.... percent

2 years............................................................................................... 75.... percent

3 years............................................................................................... 65.... percent

4 years............................................................................................... 55.... percent

5 years............................................................................................... 45.... percent

6 years............................................................................................... 35.... percent

7 years............................................................................................... 25.... percent

8 years............................................................................................... 15.... percent

9 years or more.................................................................................. 5.... percent

 

      2.  Each bus, truck, truck tractor, trailer and semitrailer having an unladened weight of more than 6,000 pounds shall be depreciated by the department for the purposes of the annual privilege tax according to the following schedule:

 

                                                                                                                         Percentage of

  Age                                                                                                     Initial Value

New................................................................................................. 100.... percent

1 year................................................................................................ 75.... percent

2 years............................................................................................... 59.... percent

3 years............................................................................................... 47.... percent

4 years............................................................................................... 37.5 percent

5 years............................................................................................... 28.... percent

6 years............................................................................................... 23.... percent

7 years............................................................................................... 20.... percent

8 years............................................................................................... 18.... percent

9 years............................................................................................... 15.5 percent

10 years or more............................................................................. 13.... percent

 

      3.  Notwithstanding any other provision of this section, the minimum amount of privilege tax: [on any vehicle shall be $6.]

      (a) On any trailer weighing less than 1,000 pounds shall be $3; and

      (b) On any other vehicle shall be $6.

 

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ê1967 Statutes of Nevada, Page 359ê

 

CHAPTER 177, AB 64

Assembly Bill No. 64–Committee on Agriculture, Irrigation and Livestock

CHAPTER 177

AN ACT to amend NRS 561.335, relating to the agriculture working capital fund of the state department of agriculture, by specifying a maximum amount for such fund.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 561.335 is hereby amended to read as follows:

      561.335  1.  The agriculture working capital fund is hereby created for the use of the department.

      2.  All moneys collected by the department as provided by law may be deposited in the agriculture working capital fund and held in such fund until transferred to the proper funds in the state treasury as required by law, and in accordance with the provisions of NRS 353.250.

      3.  The agriculture working capital fund shall be used specifically for carrying out the provisions of NRS 569.010 to 569.130, inclusive.

      4.  The agriculture working capital fund may be used as a revolving fund for paying expenses of all programs and laws administered by the department, and in such case, the fund shall be promptly reimbursed from the proper funds in the state treasury by claims paid as other claims against the state are paid. The amount so used as a revolving fund shall not exceed $10,000.

      5.  Notwithstanding the provisions of NRS 281.171 to 281.175, inclusive, the agriculture working capital fund may be used for the purpose of providing advance funds to officers and employees of the department for travel expenses and subsistence allowances arising out of their official duties or employment. Such advances shall constitute a lien in favor of the department upon the accrued wages of the requesting officer or employee in an amount equal to the sum advanced, but the executive director may advance more than the amount of the accrued wages of the officer or employee. Upon the return of the officer or employee, he shall be entitled to receive any authorized expenses and subsistence in excess of the amount advanced, and a sum equal to the advance shall be paid into the agriculture working capital fund.

      6.  The agriculture working capital fund shall be deposited in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposit shall be secured by a depository bond satisfactory to the state board of examiners.

 

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ê1967 Statutes of Nevada, Page 360ê

 

CHAPTER 178, AB 179

Assembly Bill No. 179–Mr. Close

CHAPTER 178

AN ACT relating to the accounts of nontestamentary trustees; to require an annual accounting to each beneficiary; to abolish the requirement of reports to the district court; and providing other matters properly relating thereto.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 165 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The trustee of each nontestamentary trust shall, not less often than annually, furnish to each beneficiary of the trust an account showing:

      1.  The period which the account covers;

      2.  In a separate schedule, additions to trust principal during the accounting period with the dates and sources of acquisition; investments collected, sold, or charged off during the accounting period; investments made during the accounting period, with the date, source, and cost of each; deductions from principal during the accounting period, with the date and purpose of each; and the trust principal, invested or uninvested, on hand at the end of the accounting period, reflecting the approximate market value thereof;

      3.  In a separate schedule, the trust income on hand at the beginning of the accounting period, and in what form held; trust income received during the accounting period, when, and from what source; trust income paid out during the accounting period, when, to whom, and for what purpose; trust income on hand at the end of the accounting period, and how invested;

      4.  A statement of any unpaid claims with the reason for failure to pay them; and

      5.  A brief summary of the account.

      Sec. 2.  NRS 165.130 and 165.140 are hereby repealed.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 179, AB 225

Assembly Bill No. 225–Committee on Judiciary

CHAPTER 179

AN ACT to amend NRS 662.110, relating to banking, by providing when a nonresident bank or corporation may act as executor, administrator, guardian, receiver or trustee.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 662.110 is hereby amended to read as follows:

      662.110  No banking or other corporation, unless it is organized under the laws of and has its principal place of business in this state, or is a national banking association, the principal place of business of which is located within this state, nor any officer, employee or agent of such corporation acting in its behalf, shall hereafter be appointed to act as executor, administrator, guardian of infants or estates, receiver, depositary or trustee under appointment of any court or by authority of any law of this state [.]

 


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ê1967 Statutes of Nevada, Page 361 (Chapter 179, AB 225)ê

 

is a national banking association, the principal place of business of which is located within this state, nor any officer, employee or agent of such corporation acting in its behalf, shall hereafter be appointed to act as executor, administrator, guardian of infants or estates, receiver, depositary or trustee under appointment of any court or by authority of any law of this state [.] unless it associates as cofiduciary a banking corporation whose principal place of business is in this state.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 180, AB 226

Assembly Bill No. 226–Committee on Judiciary

CHAPTER 180

AN ACT to amend NRS 147.070, relating to claims against estates of deceased persons, by requiring each claimant to furnish an address and permitting notices to be mailed to such address.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 147.070 is hereby amended to read as follows:

      147.070  1.  Every claim filed with the clerk shall be supported by the affidavit of the claimant that:

      (a) The amount is justly due (or if the claim is not yet due, that the amount is a just demand and will be due on the ............ day of ...........).

      (b) No payments have been made thereon which are not credited.

      (c) There are no offsets to the same to the knowledge of the claimant or other affiant.

      2.  Every claim filed with the clerk shall contain the mailing address of the claimant. Any written notice mailed by an executor or administrator to the claimant at the address furnished is proper notice.

      3.  When the affidavit is made by any other person than the claimant, the reasons why it is not made by the claimant shall be set forth in the affidavit.

      [3.] 4.  The oath may be taken before any officer authorized to administer oaths.

      [4.] 5.  The amount of interest shall be computed and included in the statement of the claim and the rate of interest determined.

      [5.] 6.  The court may, in its discretion, for good cause shown, allow a defective claim or affidavit to be corrected or amended on application made at any time before the filing of the final account.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1967 Statutes of Nevada, Page 362ê

 

CHAPTER 181, AB 240

Assembly Bill No. 240–Committee on Judiciary

CHAPTER 181

AN ACT to amend chapter 108 of NRS, relating to statutory liens, by adding new sections providing for the registration of federal tax liens; and providing other matters properly relating thereto.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  Sections 2 to 8, inclusive, of this act may be cited as the Uniform Federal Tax Lien Registration Act.

      Sec. 3.  1.  Notices of liens upon real property for taxes payable to the United States, and certificates and notices affecting the liens, shall be filed in the office of the county recorder of the county in which the real property subject to a federal tax lien is situated.

      2.  Notices of liens upon personal property, whether tangible or intangible, for taxes payable to the United States, and certificates and notices affecting the liens, shall be filed as follows:

      (a) If the person against whose interest the tax lien applies is a corporation or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the secretary of state;

      (b) In all other cases in the office of the county recorder of the county where the taxpayer resides at the time of filing of the notice of lien.

      Sec. 4.  Certification by the Secretary of the Treasury of the United States or his delegate of notices of liens, certificates or other notices affecting tax liens entitles them to be filed, and no other attestation, certification or acknowledgment is necessary.

      Sec. 5.  1.  If a notice of federal tax lien, a refiling of a notice of tax lien, or a notice of revocation of any certificate described in subsection 2 is presented to the filing officer and:

      (a) He is the secretary of state, he shall cause the notice to be marked, held and indexed in accordance with the provisions of subsection 4 of NRS 104.9403 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.

      (b) He is any other officer described in section 3 of this act, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the serial number of the District Director of Internal Revenue and the total unpaid balance of the assessment appearing on the notice of lien.

      2.  If a certificate of release, nonattachment, discharge or subordination of any tax lien is presented to the secretary of state for filing he shall:

      (a) Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, except that the notice of lien to which the certificate relates shall not be removed from the files; and

 

 


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ê1967 Statutes of Nevada, Page 363 (Chapter 181, AB 240)ê

 

lien to which the certificate relates shall not be removed from the files; and

      (b) Cause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.

      3.  If a refiled notice of federal tax lien referred to in subsection 1 or any of the certificates or notices referred to in subsection 2 is presented for filing with any other filing officer specified in section 3 of this act, he shall permanently attach the refiled notice or the certificate to the original notice of lien and shall enter the refiled notice or the certificate with the date of filing in any alphabetical federal tax lien index on the line where the original notice of lien is entered.

      4.  Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any notice of federal tax lien or certificate or notice affecting the lien, filed on or after the effective date of this act, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate is $3.  Upon request the filing officer shall furnish a copy of any notice of federal tax lien or notice or certificate affecting a federal tax lien for a fee of $1 for the first page and 50 cents for each page thereafter.

      Sec. 6.  1.  The filing officer shall charge and collect one fee of $6 for each notice of federal tax lien filed and indexed. This charge shall include the subsequent recording of a certificate of discharge, nonattachment, release or subordination of such lien.

      2.  Notwithstanding any other provision of law, a county recorder shall accept, file and index notices of federal tax lien filed on behalf of the Federal Government without requiring payment of the fee at the time of filing. He shall then submit an invoice, not oftener than semi-monthly, to the District Director of Internal Revenue for all fees accrued during the billing period, and shall pay over such fees to the county treasurer on or before the 5th day of the month following the month in which remittance of such fees is received from the District Director of Internal Revenue.

      3.  The secretary of state shall accept, file and index notices of federal tax lien filed on behalf of the Federal Government without requiring payment of the fee at the time of filing. He shall then submit an invoice monthly to the District Director of Internal Revenue for all fees accrued during the billing period, and shall pay over such fees to the state treasurer for deposit in the general fund.

      Sec. 7.  Each county recorder in whose office any document affecting a federal tax lien required by section 3 of this act to be filed in the office of the secretary of state was filed or recorded prior to the effective date of this act shall continue to maintain a record of the documents so filed. Any subsequent certificate or notice affecting a lien so filed shall be filed in the same office.

      Sec. 8.  Sections 2 to 8, inclusive, of this act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact such sections.

      Sec. 9.  NRS 247.320 is hereby amended to read as follows:

 


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ê1967 Statutes of Nevada, Page 364 (Chapter 181, AB 240)ê

 

      247.320  County recorders are required to file and record in their respective offices and in the books provided therefor, deeds of conveyances [,] and judgments vesting or perfecting title in the United States, [and federal tax liens and releases filed by an officer of the Federal Government,] and to certify copies of such instruments furnished by the interested government representative. No fees shall be charged by the county recorder for the services mentioned in this section. [, with the exception of recording federal tax liens and releases filed in behalf of the Federal Government, for which the statutory fee shall be collected.]

      Sec. 10.  NRS 247.220 is hereby repealed.

      Sec. 11.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 182, SB 81

Senate Bill No. 81–Committee on Finance

CHAPTER 182

AN ACT relating to public employees’ retirement; to prohibit dual participation in retirement systems by employees but assuring retirement coverage for all periods of service rendered to an agency of the State of Nevada or a political subdivision thereof; and providing other matters properly relating thereto.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 286.310 is hereby amended to read as follows:

      286.310  1.  An employee who is a member of, or eligible for membership in, a retirement system established by a public employer prior to July 1, 1948, may not become a member of the system established by this chapter until the previously established system is integrated with the system established by this chapter, pursuant to the procedure provided by this chapter.

      2.  Employees of the State of Nevada or a political subdivision of the State of Nevada who are required by federal law to participate in a federal retirement system may not become or remain members of the retirement system established by this chapter.

      3.  The provisions of subsection 2 shall not apply to any person employed by the State of Nevada or a political subdivision of the State of Nevada prior to July 1, 1967, who has been required to participate in the retirement systems of both the Federal Government and the State of Nevada and who, within 30 days after July 1, 1967, files a written statement with the board electing to retain his service credit in the retirement system established by this chapter. Persons required by federal law to participate in the federal retirement system may apply for a refund of contributions to the state system at any time when they are not covered by the state system, and if they subsequently reenter the state system as provided in subsection 4 they may repay such withdrawn contributions in the manner provided in this chapter.

      4.  When an employee of an agency or political subdivision of the State of Nevada who has been required by federal law to participate in the federal retirement system is transferred within the same agency or political subdivision to a position not covered by the federal retirement system he may be permitted to resume coverage under the state retirement system and shall receive credit for previous service rendered for the same agency or political subdivision under the state retirement system without regard to the provisions of paragraph (a) of subsection 1 of NRS 286.400.

 


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ê1967 Statutes of Nevada, Page 365 (Chapter 182, SB 81)ê

 

State of Nevada who has been required by federal law to participate in the federal retirement system is transferred within the same agency or political subdivision to a position not covered by the federal retirement system he may be permitted to resume coverage under the state retirement system and shall receive credit for previous service rendered for the same agency or political subdivision under the state retirement system without regard to the provisions of paragraph (a) of subsection 1 of NRS 286.400.

      5.  It is the intent and purpose of subsections 3 and 4 to prohibit coverage under two retirement systems after July 1, 1967, for the same period of time and service but also to assure that all eligible service rendered to the same agency of the State of Nevada or a political subdivision thereof shall be given retirement coverage under one of the two systems.

 

________

 

 

CHAPTER 183, AB 126

Assembly Bill No. 126–Mr. Swackhamer

CHAPTER 183

AN ACT to amend an act entitled “An Act fixing the compensation of the county officers of Lander county, Nevada, regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith,” approved March 13, 1953, as amended.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 121, Statutes of Nevada 1963, at page 172, is hereby amended to read as follows:

      Section 2.  The sheriff of Lander County shall receive an annual salary of [$6,300,] $7,320, which salary shall be compensation in full for all services rendered as sheriff and ex officio license collector. The sheriff shall pay into the county treasury each month all moneys collected by him as license fees, and as fees in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to the sheriff for any month unless the statement has been so made and filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a distance greater than 10 miles from the county seat, he shall be allowed his necessary traveling expenses; and provided further, that when it becomes necessary in civil cases for the sheriff to travel a distance greater than 10 miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid. The sheriff is authorized and empowered to employ, and may hereafter appoint, three deputies.

 


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ê1967 Statutes of Nevada, Page 366 (Chapter 183, AB 126)ê

 

deputies. The three deputies so appointed shall each receive an annual salary of not less than $5,970 [.] nor more than $7,020 to be fixed by the board of county commissioners. The sheriff may also appoint such additional number of deputy sheriffs as may be authorized by the board of county commissioners for such time and at such salary as the board may authorize.

      Sec. 2.  Section 3 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 121, Statutes of Nevada 1963, at page 172, is hereby amended to read as follows:

      Section 3.  The county assessor of Lander County shall receive an annual salary of [$6,300,] $7,320, which salary shall be compensation in full for all services rendered.

      Sec. 3.  Section 4 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 121, Statutes of Nevada 1963, at page 172, is hereby amended to read as follows:

      Section 4.  The county recorder, as such, and as ex officio auditor, shall receive an annual salary of [$6,300,] $7,320, and the fees allowed under the provisions of NRS 247.290 and 247.300. He shall perform all county work required in the office and extend the annual assessment roll without further compensation or charge against the county.

      Sec. 4.  Section 5 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 121, Statutes of Nevada 1963, at page 173, is hereby amended to read as follows:

      Section 5.  The county treasurer shall receive an annual salary of [$6,300,] $7,320, which salary shall be compensation in full for all services rendered.

      Sec. 5.  Section 6 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 121, Statutes of Nevada 1963, at page 173, is hereby amended to read as follows:

      Section 6.  The county clerk shall receive an annual salary of [$6,300,] $7,320, which salary shall be compensation in full for all services rendered.

      Sec. 6.  Section 7 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 121, Statutes of Nevada 1963, at page 173, is hereby amended to read as follows:

      Section 7.  The district attorney, as such, shall receive an annual salary of [$6,300,] $7,320, which salary shall be compensation in full for all services rendered.

      Sec. 7.  Section 8 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 121, Statutes of Nevada 1963, at page 173, is hereby amended to read as follows:

      Section 8.  Each county commissioner shall receive an annual salary of [$2,700] $3,120 in full compensation for all services and expenses; provided, that any commissioner residing more than 10 miles from the county seat of Lander County shall receive in addition to his salary the sum of 10 cents per mile for each mile necessarily traveled in attending necessary meetings of the board of county commissioners.

      Sec. 8.  This act shall become effective on July 1, 1967.

 

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ê1967 Statutes of Nevada, Page 367ê

 

CHAPTER 184, AB 100

Assembly Bill No. 100–Committee on Agriculture, Irrigation and Livestock

CHAPTER 184

AN ACT to amend NRS 555.260 to 555.280, inclusive, 555.300, 555.320, 555.330, 555.350, 555.370 to 555.390, inclusive, and 555.410, relating to insect and pest control, by requiring drift insurance for application of economic poisons injurious to plantlife; providing a license period for application of economic poisons; defining “economic poisons”; and providing other matters properly relating thereto.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 555.260 is hereby amended to read as follows:

      555.260  As used in NRS 555.260 to 555.460, inclusive:

      1.  “Agent” means any person who serves as a resident agent or solicits business in behalf of a custom pest control operator. “Agent” does not include a chemical supplier who solicits on behalf of an applicator. [when no contract or agreement exists between the chemical supplier and the applicator and where no consideration for the solicitation passes between the chemical supplier and the applicator.]

      2.  “Aircraft” means any contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air.

      3.  “Custom application of [insecticides, fungicides, herbicides or rodenticides”] economic poisons” means any application of [insecticides, fungicides, herbicides or rodenticides] economic poisons by aircraft or ground equipment for hire, including application made on new construction of residence buildings or building slabs by contractors or builders.

      4.  “Economic poisons” includes any substance or mixture of substances intended to be used for defoliating or desiccating plants or for preventing, destroying, repelling or mitigating any insect, fungus, bacterium, weed, rodent, predatory animal or other form of plant or animal life which is, or which the executive director may declare to be, a pest, which may infest or be detrimental to man, animal, vegetation or be present in any environment whatsoever.

      5.  “Executive director” means the executive director of the state department of agriculture.

      [5.  “Fungi” means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living man or other animals.

      6.  “Fungicide” means any substance or mixture of substances intended to prevent, destroy, repel or mitigate any fungi.

      7.] 6.  “Ground equipment” means any machine or device (other than aircraft) for use on land or water, designed for, or adaptable to, use in applying [insecticides, fungicides, herbicides or rodenticides] economic poisons as sprays, dusts, aerosols or fogs, or in other forms.

      [8.  “Herbicide” means any substance or mixture of substances intended to prevent, destroy, repel or mitigate any weed.

      9.  “Insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs as, for example, spiders, mites, ticks, centipedes and wood lice.

 


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ê1967 Statutes of Nevada, Page 368 (Chapter 184, AB 100)ê

 

most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs as, for example, spiders, mites, ticks, centipedes and wood lice.

      10.  “Insecticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatever.

      11.] 7.  “Person” means any individual, firm, partnership, association, corporation, company, joint-stock association or body politic, or any organized group of persons whether incorporated or not, and includes any trustee, receiver, assignee or other similar representative thereof.

      [12.  “Rodent” means all members of the order Rodentia and all rabbits and hares.

      13.  “Rodenticide” means any substance or mixture of substances intended to prevent, destroy, repel or mitigate rodents.

      14.  “Weed” means any plant which grows where not wanted.]

      Sec. 2.  NRS 555.270 is hereby amended to read as follows:

      555.270  It is the policy of this state and the purpose of NRS 555.260 to 555.460, inclusive, to regulate, in the public interest, the custom application of [insecticides, fungicides, herbicides and rodenticides,] economic poisons, which, although valuable for the control of [insects, fungi, weeds and rodents,] pests, may seriously injure man, animals and crops over wide areas if not properly applied.

      Sec. 3.  NRS 555.280 is hereby amended to read as follows:

      555.280  No person shall engage in custom application of [insecticides, fungicides, herbicides or rodenticides] economic poisons or serve as an agent, operator or pilot within this state at any time without a license issued by the executive director.

      Sec. 4.  NRS 555.300 is hereby amended to read as follows:

      555.300  1.  The executive director may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of [insecticides, fungicides, herbicides and rodenticides,] economic poisons and the dangers involved and precautions to be taken in connection with their application.

      2.  If the applicant is other than an individual, the applicant shall designate an officer, member or technician of the organization to take the examination, such designee to be subject to the approval of the executive director. If the extent of the applicant’s operations warrant it, the executive director may require more than one officer, member or technician to take the examination.

      Sec. 5.  NRS 555.320 is hereby amended to read as follows:

      555.320  1.  If the executive director finds the applicant qualified, and upon the applicant’s appointing the executive director agent for service of process and finding that the applicant has satisfied the requirements of NRS 555.330, the executive director shall issue a license [, for such period as he may by regulation prescribe,] to perform custom application of [insecticides, fungicides, herbicides and rodenticides] economic poisons within this state.

 


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ê1967 Statutes of Nevada, Page 369 (Chapter 184, AB 100)ê

 

      2.  The license period is the fiscal year. All licenses shall expire on June 30 of each year. The license may be renewed annually upon application to the executive director and payment of the license fee on or before July 31 of each year.

      3.  A penalty fee of $5 shall be charged for failure to pay the renewal fee when due unless the application for renewal is accompanied by a written statement signed by the applicant that he has not made any application of economic poisons from the time of expiration of his prior license to the time of application for renewal.

      4.  The license may restrict the licensee to the use of a certain type or types of equipment or materials if the executive director finds that the applicant is qualified to use only such type or types.

      [3.] 5.  If a license is not issued as applied for, the executive director shall inform the applicant in writing of the reasons therefor.

      Sec. 6.  NRS 555.330 is hereby amended to read as follows:

      555.330  1.  The executive director shall require from each applicant for an operator’s license proof of financial responsibility, including public liability and property damage insurance in an amount not less than $10,000, nor more than $200,000.

      2.  The executive director may require drift insurance for operators employing economic poisons or other materials declared hazardous or dangerous to [humans, livestock or wildlife.] man, livestock, wildlife, crops or plantlife.

      3.  Any person injured by the breach of any such obligation shall be entitled to sue in his own name in any court of competent jurisdiction to recover the damages he may have sustained by such breach, providing each claim is made within 6 months after the alleged injury.

      4.  The executive director on his own motion may, or upon receipt of a verified complaint of an interested person shall, investigate, as he deems necessary, any loss or damage resulting from the application of any pesticide by a licensed custom pest control operator. Verified complaint of loss or damage must be filed within 60 days from the time that the occurrence of such loss or damage becomes known; or if a growing crop is alleged to have been damaged, such verified complaint shall be filed prior to the time 50 percent of the crop has been harvested. A report of investigations resulting from a verified complaint shall be furnished to the complainant.

      Sec. 7.  NRS 555.350 is hereby amended to read as follows:

      555.350  1.  The executive director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke or modify any license issued under NRS 555.260 to 555.460, inclusive, if he finds that:

      (a) The licensee is no longer qualified; or

      (b) The licensee has engaged in fraudulent business practices in the custom application of [insecticides, fungicides, herbicides or rodenticides;] economic poisons; or

      (c) The licensee has made any custom application in a faulty, careless or negligent manner; or

      (d) The licensee has violated any of the provisions of NRS 555.260 to 555.460, inclusive, or regulations made thereunder.

 


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ê1967 Statutes of Nevada, Page 370 (Chapter 184, AB 100)ê

 

      2.  A license shall be suspended automatically, without action of the executive director, if the proof of financial responsibility, including public liability and property damage or drift insurance filed pursuant to NRS 555.330, is canceled, and the license shall remain suspended until such insurance or proof of financial responsibility is reestablished.

      Sec. 8.  NRS 555.370 is hereby amended to read as follows:

      555.370  The executive director may provide for inspection of any ground equipment or of any device or apparatus used for custom application of [insecticides, fungicides, herbicides or rodenticides] economic poisons by aircraft, and may require proper repairs or other changes before its further use for custom application.

      Sec. 9.  NRS 555.380 is hereby amended to read as follows:

      555.380  1.  The executive director may, by regulation, prescribe materials or methods to be used and prohibit the use of materials or methods in custom application of [insecticides, fungicides, herbicides and rodenticides,] economic poisons, to the extent necessary to protect health or to prevent injury by reason of the drifting, washing or application of such materials to desired plants or animals, including pollinating insects and aquatic life, on property other than that owned or leased by the person for whom the materials are applied.

      2.  In issuing such regulations, the executive director shall give consideration to pertinent research findings and recommendations of other agencies of this state or of the Federal Government.

      Sec. 10.  NRS 555.390 is hereby amended to read as follows:

      555.390  The executive director may, by regulation, require any licensee to maintain such records and furnish reports giving such information with respect to particular applications of [insecticides, fungicides, herbicides or rodenticides] economic poisons and such other relevant information as the executive director may deem necessary.

      Sec. 11.  NRS 555.410 is hereby amended to read as follows:

      555.410  The executive director may, in cooperation with the University of Nevada, publish information regarding injury which may result from improper application or handling of [insecticides, fungicides, herbicides or rodenticides] economic poisons and methods and precautions designed to prevent such injury.

      Sec. 12.  This act shall become effective upon passage and approval.

 

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CHAPTER 185, AB 10

Assembly Bill No. 10–Committee on Judiciary

CHAPTER 185

AN ACT relating to gifts to minors; to conform the Nevada Uniform Gifts to Minors Act to the 1965 revisions proposed by the National Conference of Commissioners on Uniform State Laws; and providing other matters properly relating thereto.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 167.010 is hereby amended to read as follows:

      167.010  This chapter [shall be known and] may be cited as the Nevada Uniform Gifts to Minors Act.

 


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ê1967 Statutes of Nevada, Page 371 (Chapter 185, AB 10)ê

 

      Sec. 2.  NRS 167.020 is hereby amended to read as follows:

      167.020  In this chapter, unless the context otherwise requires:

      1.  An “adult” is a person who has attained the age of 21 years.

      2.  A “bank” is a bank, trust company, [or] national banking association [.] , savings bank or industrial bank.

      3.  A “broker” is a person lawfully engaged in the business of effecting transactions in securities for the account of others. The term includes a bank which effects such transactions. The term also includes a person lawfully engaged in buying and selling securities for his own account, through a broker or otherwise, as a part of a regular business.

      4.  “Court” means the district court.

      5.  [“The custodial] The “custodial property” includes:

      (a) All securities, life insurance policies, annuity contracts, and money under the supervision of the same custodian for the same minor as a consequence of a gift or gifts made to the minor in a manner prescribed in this chapter;

      (b) The income from the custodial property; and

      (c) The proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment, surrender or other disposition of such securities, money, life insurance policies, annuity contracts and income.

      6.  A “custodian” is a person so designated in a manner prescribed in this chapter [.] ; the term includes a successor custodian.

      7.  A “financial institution” is a bank, a federal savings and loan association, a savings institution chartered and supervised as a savings and loan or similar institution under federal law or the laws of a state or a federal credit union; an “insured financial institution” is one, deposits (including a savings, share, certificate or deposit account) in which are, in whole or in part, insured by the federal deposit insurance corporation, or by the federal savings and loan insurance corporation.

      8.  A “guardian” of a minor [includes] means the general guardian, guardian, tutor or curator of his property [, estate or person.] or estate appointed or qualified by a court of this state or another state.

      [8.] 9.  An “issuer” is a person who places or authorizes the placing of his name on a security (other than as a transfer agent) to evidence that it represents a share, participation or other interest in his property or in an enterprise or to evidence his duty or undertaking to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person.

      [9.] 10.  A “legal representative” of a person is his executor or the administrator, general guardian, guardian, committee, conservator, tutor or curator of his property or estate.

      [10.] 11.  A “life insurance policy or annuity contract” means a life insurance policy or annuity contract issued by an insurance company authorized to do business in this state on the life of a minor to whom a gift of the policy or contract is made in the manner prescribed in this act or on the life of a member of the minor’s family. “Life insurance policy or annuity contract” includes a life insurance certificate or annuity certificate, and “life insurance company” includes a fraternal benefit society.

      12.  A “member” of a “minor’s family” means any of the minor’s parents, grandparents, brothers, sisters, uncles and aunts, whether of the whole blood or the half blood, or by or through legal adoption.

 


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parents, grandparents, brothers, sisters, uncles and aunts, whether of the whole blood or the half blood, or by or through legal adoption.

      [11.] 13.  A “minor” is a person who has not attained the age of 21 years.

      [12.  A “savings and loan association” is a federal savings and loan association or a state-chartered savings and loan association or building and loan association doing business in this state; an “insured savings and loan association” is a savings and loan association which is an insured institution as defined in Title IV of the National Housing Act.

      13.] 14.  A “security” includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. The term does not include a security of which the donor is the issuer. A security is in “registered form” when it specifies a person entitled to it or to the rights it evidences and its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer.

      [14.] 15.  A “transfer agent” is a person who acts as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities or in the cancellation of surrendered securities.

      [15.] 16.  A “trust company” is a bank, corporation or other legal entity authorized to exercise trust power in this state.

      Sec. 3.  NRS 167.030 is hereby amended to read as follows:

      167.030  1.  An adult person may, during his lifetime, make a gift of a security, a life insurance policy or annuity contract or money to a person who is a minor on the date of the gift:

      (a) If the subject of the gift is a security in registered form, by registering it in the name of the donor, another adult person or a trust company, followed, in substance, by the words: “as custodian for ......................... (name of minor) ......................... under the Nevada Uniform Gifts to Minors Act”;

      (b) If the subject of the gift is a security not in registered form, by delivering it to an adult [person] other than the donor or a trust company, accompanied by a statement of gift in the following form, in substance, signed by the donor and the person designated as custodian:

 

Gift Under the Nevada Uniform Gifts to Minors Act

      I, ......................... (name of donor) ........................., hereby deliver to ......................... (name of custodian) ......................... as custodian for ......................... (name of minor) ......................... under the Nevada Uniform Gifts to Minors Act, the following security(ies): (Insert an appropriate description of the security or securities delivered sufficient to identify it or them).

 

                                                                                                                                ...............................................................

                                                                                                                                              (Signature of donor)

      .........................(name of custodian) ......................... hereby acknowledges receipt of the [above-described] above described security(ies) as custodian for the above minor under the Nevada Uniform Gifts to Minors Act.

 


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ê1967 Statutes of Nevada, Page 373 (Chapter 185, AB 10)ê

 

receipt of the [above-described] above described security(ies) as custodian for the above minor under the Nevada Uniform Gifts to Minors Act.

      Dated: ...........................................                                                                 ...............................................................

                                                                                                                                          (Signature of custodian)

 

      (c) If the subject of the gift is money, by paying or delivering it to a broker or a [bank] financial institution for credit to an account [or to be an insured savings and loan association for investment in an account] in the name of the donor, another adult [person or a bank with trust powers,] or a trust company, followed, in substance, by the words: “as custodian for ......................... (name of minor) ......................... under the Nevada Uniform Gifts to Minors Act.”

      (d) If the subject of the gift is a life insurance policy or annuity contract, by causing the ownership of the policy or contract to be registered with the issuing insurance company in the name of the donor, another adult or a trust company, followed, in substance, by the words: “as custodian for ......................... (name of minor) ........................ under the Nevada Uniform Gifts to Minors Act.”

      2.  Any gift made in a manner prescribed in subsection 1 may be made to only one minor and only one person may be the custodian.

      3.  A donor who makes a gift to a minor in a manner prescribed in subsection 1 shall promptly do all things within his power to put the subject of the gift in the possession and control of the custodian, but neither the donor’s failure to comply with this subsection, nor his designation of an ineligible person as custodian, nor renunciation by the person designated as custodian affects the consummation of the gift.

      Sec. 4.  NRS 167.040 is hereby amended to read as follows:

      167.040  1.  A gift made in a manner prescribed in this chapter is irrevocable and conveys to the minor indefeasibly vested legal title to the security, life insurance policy, annuity contract or money given, but no guardian of the minor has any right, power, duty or authority with respect to the custodial property except as provided in this chapter.

      2.  By making a gift in a manner prescribed in this chapter, the donor incorporates in his gift all the provisions of this chapter and grants to the custodian, and to any issuer, transfer agent, bank, [savings and loan association,] financial institution, life insurance company, broker or third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in this chapter.

      Sec. 5.  NRS 167.050 is hereby amended to read as follows:

      167.050  1.  The custodian shall collect, hold, manage, invest and reinvest the custodial property.

      2.  The custodian shall pay over to the minor for expenditure by him, or expend for the minor’s benefit, so much of or all the custodial property as the custodian deems advisable for the support, maintenance, education and benefit of the minor in the manner, at the time or times, and to the extent that the custodian in his discretion deems suitable and proper, with or without court order, with or without regard to the duty of himself or of any other person to support the minor or his ability to do so, and with or without regard to any other income or property of the minor which may be applicable or available for any such purpose.

 


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ê1967 Statutes of Nevada, Page 374 (Chapter 185, AB 10)ê

 

      3.  The court, on the petition of a parent or guardian of the minor or of the minor, if he has attained the age of 14 years, may order the custodian to pay over to the minor for expenditure by him or to expend so much of or all the custodial property as is necessary for the minor’s support, maintenance or education.

      4.  To the extent that the custodial property is not so expended, the custodian shall deliver or pay it over to the minor on his attaining the age of 21 years or, if the minor dies before attaining the age of 21 years, he shall thereupon deliver or pay it over to the estate of the minor.

      5.  The custodian, notwithstanding statutes restricting investments by fiduciaries, shall invest and reinvest the custodial property as would a prudent man of discretion and intelligence who is seeking a reasonable income and the preservation of his capital, except that he may, in his discretion and without liability to the minor or his estate, retain a security given to the minor in a manner prescribed in this chapter [.] or hold money so given in an account in the financial institution to which it was paid or delivered by the donor.

      6.  The custodian may sell, exchange, convert, surrender or otherwise dispose of custodial property in the manner, at the time or times, for the price or prices and upon the terms he deems advisable. He may vote in person or by general or limited proxy a security which is custodial property. He may consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of an issuer, a security of which is custodial property, and to the sale, lease, pledge or mortgage of any property by or to such an issuer, and to any other action by such an issuer. He may execute and deliver any and all instruments in writing which he deems advisable to carry out any of his powers as custodian.

      7.  The custodian shall register each security which is custodial property and in registered form in the name of the custodian, followed, in substance, by the words: “as custodian for ......................... (name of minor) ......................... under the Nevada Uniform Gifts to Minors Act.” The custodian shall hold all money which is custodial property in an account with a broker or in [a bank or insured savings and loan association] an insured financial institution in the name of the custodian, followed, in substance, by the words: “as custodian for ......................... (name of minor) ......................... under the Nevada Uniform Gifts to Minors Act.” The custodian shall keep all other custodial property separate and distinct from his own property in a manner to identify it clearly as custodial property.

      8.  The custodian shall keep records of all transactions with respect to the custodial property and make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor, if he has attained the age of 14 years.

      9.  A custodian has and holds as powers in trust, with respect to the custodial property, in addition to the rights and powers provided in this chapter, all the rights and powers which a guardian has with respect to property not held as custodial property.

      10.  If the subject of the gift is a life insurance policy or annuity contract, the custodian:

 


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ê1967 Statutes of Nevada, Page 375 (Chapter 185, AB 10)ê

 

      (a) In his capacity as custodian, has all the incidents of ownership in the policy or contract to the extent as if he were the owner, except that the designated beneficiary of any policy or contract on the life of the minor shall be the minor’s estate and the designated beneficiary of any policy or contract on the life of a person other than the minor shall be the custodian as custodian for the minor for whom he is acting; and

      (b) May pay premiums on the policy or contract out of the custodial property.

      Sec. 6.  NRS 167.070 is hereby amended to read as follows:

      167.070  No issuer, transfer agent, bank, [insured savings and loan association,] life insurance company, broker or other person or financial institution acting on the instructions of or otherwise dealing with any person purporting to act as a donor or in the capacity of a custodian is responsible for determining whether the person designated as custodian by the purported donor or by the custodian or purporting to act as a custodian has been duly designated or whether any purchase, sale or transfer to or by or any other act of any person purporting to act in the capacity of custodian is in accordance with or authorized by this chapter, or is obliged to inquire into the validity or propriety under this chapter of any instrument or instructions executed or given by a person purporting to act as a donor or in the capacity of a custodian, or is bound to see to the application by any person purporting to act in the capacity of a custodian of any money or other property paid or delivered to him. No issuer, transfer agent, bank, life insurance company, broker or other person or financial institution acting on any instrument of designation of a successor custodian, executed as provided in subsection 1 of NRS 167.080 by a minor to whom a gift has been made in a manner prescribed in this chapter and who has attained the age of 14 years, is responsible for determining whether the person designated by the minor as successor custodian has been duly designated, or is obliged to inquire into the validity or propriety under this chapter of the instrument of designation.

      Sec. 7.  NRS 167.080 is hereby amended to read as follows:

      167.080  1.  Only an adult member of the minor’s family, a guardian of the minor or a trust company is eligible to become successor custodian. A custodian may designate his successor by executing and dating an instrument of designation before a subscribing witness other than the successor; the instrument of designation may but need not contain the resignation of the custodian. If the custodian does not so designate his successor before he dies or becomes legally incapacitated, and the minor has attained the age of 14 years, the minor may designate a successor custodian by executing an instrument of designation before a subscribing witness other than the successor. A successor custodian has all the rights, powers, duties and immunities of a custodian designated in a manner prescribed by this chapter.

      2.  [A custodian, other than the donor, may resign and designate his successor by:

      (a) Executing an instrument of resignation designating the successor custodian; and

      (b) Causing each security which is custodial property and in registered form to be registered in the name of the successor custodian followed, in substance, by the words: “as custodian for ......................... (name of minor) .........................

 


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ê1967 Statutes of Nevada, Page 376 (Chapter 185, AB 10)ê

 

of minor) ......................... under the Nevada Uniform Gifts to Minors Act”; and

      (c) Delivering to the successor custodian the instrument of resignation, each security registered in the name of the successor custodian and all other custodial property, together with any additional instruments required for the transfer thereof.

      3.  A custodian, whether or not a donor, may petition the court for permission to resign and for the designation of a successor custodian.] The designation of a successor custodian as provided in subsection 1 takes effect as to each item of the custodial property when the custodian resigns, dies, or becomes legally incapacitated and the custodian or his legal representative:

      (a) Causes the item, if it is a security in registered form or a life insurance policy or annuity contract, to be registered, with the issuing insurance company in the case of a life insurance policy or annuity contract, in the name of the successor custodian followed, in substance, by the words: “as custodian for ......................... (name of minor) ......................... under the Nevada Uniform Gifts to Minors Act”; and

      (b) Delivers or causes to be delivered to the successor custodian any other item of the custodial property, together with the instrument of designation of the successor custodian or a true copy thereof and any additional instruments required for the transfer thereof to the successor custodian.

      3.  A custodian who executes an instrument of designation of his successor containing the custodian’s resignation as provided in subsection 1 shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian named in the instrument. The legal representative of a custodian who dies or becomes legally incapacitated shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian named in an instrument of designation executed as provided in subsection 1 by the custodian or, if none, by the minor if he has no guardian and has attained the age of 14 years, or in the possession and control of the guardian of the minor if he has a guardian. If the custodian has executed as provided in subsection 1 more than one instrument of designation, his legal representative shall treat the instrument dated on an earlier date as having been revoked by the instrument dated on a later date.

      4.  If the person designated as custodian [is not eligible, renounces or dies before the minor attains the age of 21 years, the guardian of the minor shall be successor custodian. If the minor has no guardian, a donor, his legal representative, the legal representative of the custodian, an adult member of the minor’s family, or the minor, if he has attained the age of 14 years,] or as successor custodian by the custodian as provided in subsection 1 is not eligible, dies or becomes legally incapacitated before the minor attains the age of 21 years and if the minor has a guardian, the guardian of the minor shall be successor custodian. If the minor has no guardian and if no successor custodian who is eligible and has not died or become legally incapacitated has been designated as provided in subsection 1, a donor, his legal representative, the legal representative of the custodian or an adult member of the minor’s family may petition the court for the designation of a successor custodian.

 


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ê1967 Statutes of Nevada, Page 377 (Chapter 185, AB 10)ê

 

custodian or an adult member of the minor’s family may petition the court for the designation of a successor custodian.

      5.  A donor, the legal representative of a donor, a successor custodian, an adult member of the minor’s family, a guardian of the minor or the minor, if he has attained the age of 14 years, may petition the court that, for cause shown in the petition, the custodian be removed and a successor custodian be designated or, in the alternative, that the custodian be required to give bond for the performance of his duties.

      6.  Upon the filing of a petition as provided in this section, the court shall grant an order, directed to the persons and returnable on such notice as the court may require, to show cause why the relief prayed for in the petition should not be granted and, in due course, grant such relief as the court finds to be in the best interests of the minor.

      Sec. 8.  Chapter 167 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The provisions of NRS 167.010 to 167.050, inclusive, 167.070 and 167.080 hereby amended as hereby amended shall be construed as a continuation of NRS 167.010 to 167.050, inclusive, 167.070 and 167.080 hereby amended according to the language employed and not as a new enactment. These amendments of NRS 167.010 to 167.050, inclusive, 167.070 and 167.080 hereby amended do not affect gifts made in a manner prescribed therein nor the powers, duties or immunities conferred by gifts in such manner upon custodians and persons dealing with custodians. The provisions of NRS 167.010 to 167.050, inclusive, 167.070 and 167.080 hereby amended as hereby amended henceforth apply, however, to all gifts made in a manner and form prescribed in NRS 167.010 to 167.050, inclusive, 167.070 and 167.080 hereby amended except insofar as such application impairs constitutionally vested rights.

      Sec. 9.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 186, AB 37

Assembly Bill No. 37–Committee on Elections

CHAPTER 186

AN ACT to amend chapter 295 of NRS, relating to the initiative and referendum, by adding new sections providing generally for their use by the registered voters of cities and counties; to amend other chapters of NRS and the several city charters by eliminating special provisions for initiative and referendum; and providing other matters properly relating thereto.

 

[Approved March 24, 1967]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 295 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires:

 


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ê1967 Statutes of Nevada, Page 378 (Chapter 186, AB 37)ê

 

      1.  “City” means an incorporated city or incorporated town.

      2.  “Council” means the governing body of a city.

      Sec. 3.  The registered voters of a city have power:

      1.  To propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without change in substance, to adopt or reject it at a municipal election.

      2.  To require reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, to approve or reject it at a municipal election.

      Sec. 4.  1.  Any five registered voters of the city may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

      2.  Initiative petitions must be signed by a number of registered voters of the city equal to 15 percent or more of the number of voters who voted at the last preceding municipal election.

      3.  Referendum petitions must be signed by a number of registered voters of the city equal to 10 percent or more of the number of voters who voted at the last preceding municipal election.

      4.  A petition may consist of more than one document, but all documents of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Each document shall contain or have attached thereto throughout its circulation the full text of the ordinance proposed or sought to be reconsidered.

      5.  Each document of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the document, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      Sec. 5.  1.  Within 20 days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners’ committee by registered or certified mail. A petition shall not be certified insufficient for lack of the required number of valid signatures if, in the absence of other proof of disqualification, any signature or signatures on the face thereof do not exactly correspond with the signatures appearing on the official register of voters and the identity of the signer can be ascertained from the face of the petition. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the city clerk within 2 days after receiving the copy of his certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections 4 and 5 of section 4 of this act, and within 5 days after it is filed the city clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners’ committee by registered or certified mail as in the case of an original petition.

 


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ê1967 Statutes of Nevada, Page 379 (Chapter 186, AB 37)ê

 

requirements of subsections 4 and 5 of section 4 of this act, and within 5 days after it is filed the city clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners’ committee by registered or certified mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners’ committee does not elect to amend or request council review under subsection 2 of this section within the time required, the city clerk shall promptly present his certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition.

      2.  If a petition has been certified insufficient and the petitioners’ committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within 2 days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the council’s determination shall then be a final determination as to the sufficiency of the petition.

      3.  A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.

      Sec. 6.  (There is no section 6.)

      Sec. 7.  1.  When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the registered voters of the city.

      2.  The vote of the city on a proposed or referred ordinance shall be held not less than 30 days and not later than 1 year from the date of the final council vote thereon. lf no regular municipal election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such primary or general municipal election, except that the council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.

      3.  An initiative or referendum petition may be withdrawn at any time prior to the 30th day preceding the day scheduled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least four members of the petitioners’ original committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.

      Sec. 8.  1.  If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the council.

 


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ê1967 Statutes of Nevada, Page 380 (Chapter 186, AB 37)ê

 

respects in the same manner as ordinances of the same kind adopted by the council. lf conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

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

      Sec. 9.  As used in sections 9 to 15, inclusive, of this act, unless the context otherwise requires, “board” means the board of county commissioners.

      Sec. 10.  The registered voters of a county have power:

      1.  To propose ordinances to the board and, if the board fails to adopt an ordinance so proposed without change in substance, to adopt or reject it at an election.

      2.  To require reconsideration by the board of any adopted ordinance and, if the board fails to repeal an ordinance so reconsidered, to approve or reject it at an election.

      Sec. 11.  1.  Any five registered voters of the county may commence initiative or referendum proceedings by filing with the county clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

      2.  Initiative petitions must be signed by a number of registered voters of the county equal to 15 percent or more of the number of voters who voted at the last preceding general election in the county.

      3.  Referendum petitions must be signed by a number of registered voters of the county equal to 10 percent or more of the number of voters who voted at the last preceding general election in the county.

      4.  A petition may consist of more than one document, but all documents of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Each document shall contain or have attached thereto throughout its circulation the full text of the ordinance proposed or sought to be reconsidered.

      5.  Each document of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the document, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      Sec. 12.  1.  Within 20 days after the petition is filed, the county clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners’ committee by registered or certified mail. A petition shall not be certified insufficient for lack of the required number of valid signatures if, in the absence of other proof of disqualification, any signature or signatures on the face thereof do not exactly correspond with the signatures appearing on the official register of voters and the identity of the signer can be ascertained from the face of the petition.

 


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ê1967 Statutes of Nevada, Page 381 (Chapter 186, AB 37)ê

 

exactly correspond with the signatures appearing on the official register of voters and the identity of the signer can be ascertained from the face of the petition. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the county clerk within 2 days after receiving the copy of his certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections 4 and 5 of section 11 of this act, and within 5 days after it is filed the county clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners’ committee by registered or certified mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners’ committee does not elect to amend or request board review under subsection 2 of this section within the time required, the county clerk shall promptly present his certificate to the board and the certificate shall then be a final determination as to the sufficiency of the petition.

      2.  If a petition has been certified insufficient and the petitioners’ committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within 2 days after receiving the copy of such certificate, file a request that it be reviewed by the board. The board shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the board’s determination shall then be a final determination as to the sufficiency of the petition.

      3.  A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.

      Sec. 13.  (There is no section 13.)

      Sec. 14.  1.  When an initiative or referendum petition has been finally determined sufficient, the board shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If the board fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the registered voters of the county.

      2.  The vote of the county on a proposed or referred ordinance shall be held not less than 30 days and not later than 1 year from the date of the final board vote thereon. If no primary or general election is to be held within the period prescribed in this subsection, the board shall provide for a special election; otherwise, the vote shall be held at the same time as such primary or general election, except that the board may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.

      3.  An initiative or referendum petition may be withdrawn at any time prior to the 30th day preceding the day scheduled for a vote of the county by filing with the county clerk a request for withdrawal signed by at least four members of the petitioners’ original committee.

 


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time prior to the 30th day preceding the day scheduled for a vote of the county by filing with the county clerk a request for withdrawal signed by at least four members of the petitioners’ original committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.

      Sec. 15.  1.  If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

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

      Sec. 16.  NRS 266.115 is hereby amended to read as follows:

      266.115  1.  The style of ordinances shall be as follows: “The City Council of the City of ......................... do ordain.” All proposed ordinances, when first proposed, shall 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 at least one copy of the ordinance shall be filed with the city clerk for public examination. Notice of such filing shall be published once in a newspaper published in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week prior to the adoption of the ordinance. The city council shall adopt or reject the ordinance, or the ordinance as amended, within 30 days from the date of such 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 shall be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.

      3.  After final adoption the ordinance shall be signed by the mayor, and, together with the votes cast thereon, shall be published once in a newspaper published in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city. Twenty days after such publication the same shall go into effect, [except as provided in NRS 266.135, and] except emergency ordinances which may be effective immediately.

      4.  In all prosecutions for the violation of any of the provisions of any city ordinance, rule, resolution, or other regulation of the city council, whether in a court of original jurisdiction or in any appellate court, it shall not be necessary to plead the contents of the same, but the court before which the proceedings may be pending shall take judicial notice of such ordinance, rule, resolution, or other regulation, and of the contents thereof. In all civil actions it shall not be necessary to plead the contents of any ordinance, rule, resolution, or other regulation of the city council, but the same may be pleaded by title, and may be proved prima facie by the introduction of the original entry thereof on the records of the city council, or a copy thereof certified by the city clerk to be a full, true and correct copy of the original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.

 


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ê1967 Statutes of Nevada, Page 383 (Chapter 186, AB 37)ê

 

of any ordinance, rule, resolution, or other regulation of the city council, but the same may be pleaded by title, and may be proved prima facie by the introduction of the original entry thereof on the records of the city council, or a copy thereof certified by the city clerk to be a full, true and correct copy of the original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.

      Sec. 17.  NRS 268.010 is hereby amended to read as follows:

      268.010  1.  [Whenever it is desired to amend the charter of any incorporated city or town within the State of Nevada, such amendment or amendments may be effected in any one of the following methods:

      (a) By an act of the legislature.

      (b) Upon filing with the governing body of such city or town a verified petition bearing the signatures of not less than 30 percent of the registered voters of the city or town, a special election shall be called for the purpose or purposes as set forth in the petition, not later than 45 days after the filing of the petition; or, upon the filing with the governing body of such city or town of a verified petition bearing the signatures of not less than 10 percent of the registered voters of the city or town, the amendment or amendments proposed in the petition shall be placed upon the ballot at the next municipal election, whether it be a special or a general municipal election, after the filing of the petition, praying for the adoption of any amendment or amendments as fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto. The signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of his knowledge and belief.

      Upon the filing of any such petition bearing the signatures of the required number of registered voters as required in this paragraph (b), the governing body of such city or town shall call a special election, or provide for the voting upon such proposed amendment or amendments at the next municipal election, for the aforesaid purpose, as the petition shall request.

      2.  The percentages, as provided in paragraph (b) of subsection 1, shall be determined from the number of registered voters at the last general municipal election held in the city or town next preceding the filing of the petition as aforesaid.] As used in this section, “city” means an incorporated city or incorporated town.

      2.  An amendment to the charter of a city:

      (a) May be made by the legislature.

      (b) May be proposed and submitted to the registered voters of the city by a majority of the whole governing body, and shall be so submitted upon petition signed by registered voters of the city equal in number to 15 percent or more of the voters who voted at the last preceding general municipal election, setting forth the proposed amendments, which submission shall be made at the next general municipal election.

      3.  Such petition shall be filed with the city clerk. It shall be in the form, and its sufficiency shall be determined in the manner, provided in chapter 295 of NRS for city initiative petitions.

 


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ê1967 Statutes of Nevada, Page 384 (Chapter 186, AB 37)ê

 

      4.  When an amendment is adopted by the registered voters of the city, the city clerk shall, within 30 days thereafter, transmit a certified copy of such amendment to the legislative counsel.

      Sec. 18.  Section 29 of chapter II of the charter of the City of Elko, being chapter 417, Statutes of Nevada 1965, at page 1108, is hereby amended to read as follows:

      Section 29.  Ordinances when first proposed shall be read aloud in full to the board of supervisors, and final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper at least once and at least one week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose or content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.

      No ordinance passed by the board, unless it be an emergency measure, shall go into effect until thirty days, after its passage. [If at any time during said thirty days a petition signed by qualified electors numbering not less than 20 per cent of those who voted at the last preceding general municipal election, requesting the repeal of the ordinance or its submission to a referendum, be presented to the board, such ordinance shall thereupon be suspended from going into operation, and it shall be the duty of the board to reconsider such ordinance. If upon reconsideration such ordinance is not repealed, the board shall, after the sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within ninety days, in which event it shall be submitted at such regular municipal election. No ordinance submitted to a vote of the electors shall become operative unless approved by a majority of those voting thereon.

      Emergency measures shall be subject to referendum like other ordinances passed by the board, except that they shall go into effect at the time indicated in them. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder.

      Any proposed ordinance, resolution or amendment to this charter, may be submitted to the board by petition signed by qualified electors numbering not less than 20 per cent of those who voted at the last preceding general city election. The form, sufficiency and regularity of such petitions shall be determined in the manner herein provided. The petition presenting the proposed ordinance, resolution or amendment shall contain a statement in not more than 200 words giving the petitioners’ reason why such ordinance, resolution or amendment should be adopted; and if such petition shall contain a request that the said ordinance, resolution or amendment be submitted to a vote of the people, the board shall either (a) pass such ordinance without alteration at its next regular meeting, after the sufficiency of said petition has been determined and certified to by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general city election is to be held within ninety days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city.

 


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ê1967 Statutes of Nevada, Page 385 (Chapter 186, AB 37)ê

 

determined and certified to by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general city election is to be held within ninety days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city. The ballot used when voting upon any such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:

 

                                                                                          “For the ordinance”

                                                                                          “Against the ordinance”

 

and shall be printed as provided herein or in the general election laws. Immediately to the right of each of the propositions shall be placed a square in which the elector by making a cross (X) mark, may vote for or against the adoption of the ordinance. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, it shall thereupon become a valid and binding ordinance of the municipality. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than one special election for such purpose in any period of six months. Ordinances adopted under the provisions of this section shall not be repealed or amended except by direct vote of the people as herein provided.]

      All ordinances shall be signed by the mayor and attested by the city clerk and be published once in full, together with the names of the supervisors voting for or against their passage, in a newspaper published in such city, if any there be; otherwise some newspaper published in the county and having a general circulation in such city, for the period of at least one week before the same shall go into effect. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and said book or certified copy of the ordinances therein recorded, in the name of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the said board of supervisors, they shall be so received. All ordinances heretofore adopted or amended, unless previously repealed, are hereby declared valid and in full force and effect.

      Sec. 19.  Section 33 of the charter of the City of Gabbs, being chapter 381, Statutes of Nevada 1955, at page 676, is hereby amended to read as follows:

      Section 33.  Ordinances-Procedure-[Referendum-Initiative-] Emergency Measures-[Repeal-] Notices. Ordinances when first proposed shall be read aloud in full to the board of councilmen and final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper published in the county and having a general circulation in the city, at least once and at least 1 week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose or content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose.

 


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ê1967 Statutes of Nevada, Page 386 (Chapter 186, AB 37)ê

 

however, that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.

      No ordinance passed by the board, unless it be an emergency measure, shall go into effect until 30 days after its passage. [If at any time during the 30 days, a petition signed by qualified electors numbering not less than 20 percent of those who voted at the last preceding general municipal election, requesting the repeal of the ordinance or its submission to a referendum, be presented to the board, such ordinance shall thereupon be suspended from going into operation, and it shall be the duty of the board to reconsider such ordinance. If upon reconsideration such ordinance is not repealed, the board shall, after the sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within 90 days, in which event it shall be submitted at such regular municipal election. No ordinance submitted to a vote of the electors shall become operative unless approved by a majority of those voting thereon.

      Emergency measures shall be subject to referendum like other orders passed by the board, except that they shall go into effect at the time indicated in them. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder.

      Any proposed ordinance, resolution or amendment to this charter may be submitted to the board by petition signed by qualified electors numbering not less than 20 percent of those who voted at the last preceding general city election. The form, sufficiency and regularity of such petitions, shall be determined in the manner herein provided. The petition presenting the proposed ordinance, resolution or amendment shall contain a statement in not more than 200 words giving the petitioner’s reason why such ordinance, resolution or amendment should be adopted; and if such petition shall contain a request that the ordinance, resolution or amendment be submitted to a vote of the people, the board shall either (a) pass such ordinance, resolution or amendment without alteration at its next regular meeting, after the sufficiency of the petition has been determined and certified by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general city election is to be held within 90 days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city. The ballot used when voting upon such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:

 

“For the Ordinance.”

“Against the Ordinance.”

 


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ê1967 Statutes of Nevada, Page 387 (Chapter 186, AB 37)ê

 

and shall be printed as provided herein or in the general election laws. Immediately to the right of each of the propositions shall be placed a square in which the elector by making a (X) mark, may vote for or against the adoption of the ordinance. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, it shall thereupon become a valid and binding ordinance of the municipality. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than one special election for such purpose in any period of 6 months. Ordinances adopted under the provisions of this section shall not be repealed or amended except by direct vote of the people as herein provided.]

      All ordinances shall be signed by the mayor and attested by the city clerk and be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in the county and having a general circulation in such city, at least once before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and the book or certified copy thereof of the ordinances therein contained, in the name of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the board of councilmen, they shall be so received.

      Sec. 20.  Section 31 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 505, Statutes of Nevada 1965, at page 1417, is hereby amended to read as follows:

      Section 31.  The board of commissioners shall have the power:

      1.  To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution or statutes of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum not to exceed five hundred ($500) dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment, and in addition thereto the punishment may include any other penalty provided by statute for the same or similar offense against the statutes of the State of Nevada.

      2.  To control the finances and property of the corporation.

      3.  To appropriate the same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.

      4.  To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.

      5.  Subject to the general laws of the state relating to the issuance of bonds by municipalities, to borrow money on the credit of the city for the corporate purposes hereinafter designated, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the board may secure the payment of any bonds of the city by making them preferred liens against the real or other property of the city; provided, that except as otherwise provided in this act, said city shall not issue nor have outstanding at any time bonds to an amount in excess of 20 percent of the total valuation of the taxable property within its limits, as shown by the last preceding tax list or assessment roll, nor shall said city have issued or outstanding at any time warrants, certificates, scrip, or other evidence of indebtedness, excepting the bonded indebtedness, in excess of 2 percent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, issuing bonds, or loaning its credit for establishing, constructing, purchasing, otherwise acquiring, improving, extending and bettering supplies of water, the municipal water works, and other water facilities.

 


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ê1967 Statutes of Nevada, Page 388 (Chapter 186, AB 37)ê

 

the corporate purposes hereinafter designated, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the board may secure the payment of any bonds of the city by making them preferred liens against the real or other property of the city; provided, that except as otherwise provided in this act, said city shall not issue nor have outstanding at any time bonds to an amount in excess of 20 percent of the total valuation of the taxable property within its limits, as shown by the last preceding tax list or assessment roll, nor shall said city have issued or outstanding at any time warrants, certificates, scrip, or other evidence of indebtedness, excepting the bonded indebtedness, in excess of 2 percent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, issuing bonds, or loaning its credit for establishing, constructing, purchasing, otherwise acquiring, improving, extending and bettering supplies of water, the municipal water works, and other water facilities.

      Said board shall have the power, in addition to the powers elsewhere conferred upon said board, either individually or jointly with other municipalities, to establish, construct, purchase, otherwise acquire, improve, extend, and better a sanitary sewer system, storm sewer system, or joint sanitary and storm sewer system, sanitary sewers, waste mains, storm drains, storm sewers, sewer disposal plants, a supply of water, a municipal water works, other water facilities, electric light and power plants, transmission lines, and other electric facilities, or other public utilities, streets, alleys, and other public highways, highway viaducts, overpasses, subways, underpasses, public parks, playgrounds, swimming pools, auditoriums, convention halls, amusement halls, golf courses, recreation centers, other recreational facilities, a city hall, fire extinguishing equipment, and buildings therefor, buildings for other municipal facilities and activities, to acquire a suitable site or grounds for any of said facilities, to equip and furnish the same, and to issue bonds therefor, at one time, or from time to time, which bonds shall be of convenient denominations, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal or substantially equal amounts of principal and interest, commencing not later than 3 years from the date of the bonds and ending not later than 25 years from said date, and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk.

      Before issuing said bonds, the said board shall publish a notice at least once a week, on the same date of the week, for at least three consecutive weeks in some newspaper published within said city, calling for the submission of a question authorizing the issuance of such bonds to the regularly qualified electors of the city at a general or special election. Such notice shall state the amount of the proposed bond issue, that said bonds shall bear a rate of interest not to exceed 7 percent per annum, the time and the manner of their payment, and that they are for a purpose therein designated.

 


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ê1967 Statutes of Nevada, Page 389 (Chapter 186, AB 37)ê

 

a purpose therein designated. The board shall cause a sufficient number of ballots to be printed which shall bear substantially the following words: “......................... bonds-Yes” and “......................... bonds-No,” printed thereon in parallel lines one above the other. The voter will stamp a cross or capital X in the square after the word “No,” if opposed to the bond issue and after the word “Yes,” if in favor of the issue. The election shall be conducted and the votes canvassed and announced in all several particulars as in other elections.

      If the majority of the votes cast are in favor of the issuance of the bonds, the said board of commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act.

      Said bonds shall be sold at not less than their par value. The said board shall provide for the payment of said bonds and the interest thereon at the time of regular tax levy for state and county and city purposes by levying an additional tax upon the property, real and personal, within the limits of the city, sufficient in their judgment to pay the principal of and the interest on said bonds as the same become due. Said taxes shall be assessed and collected the same as other taxes paid to the county treasurer and by him placed in a fund appropriately designated and solely used for the redemption of the principal of and the interest on said bonds, and any prior redemption premium due in connection therewith. All facilities or improvements constructed under the provisions of this act shall be constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board or it may advertise for plans and specifications and bids for construction as they may see fit.

      6.  To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation of or refunding of the same.

      7.  To divide the city into districts for the purpose of local taxation or to create districts for the purpose as occasion may require.

      8.  To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and to regulate the same by ordinance. All such licenses, fees, and taxes shall be uniform in respect to the class upon which they are imposed.

      9.  To fix the amount of licenses and the terms and manner of their issuance.

      10.  To fix, impose, and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions, and business, whatsoever, conducted in whole or in part within the city, including, but not limited to, all theaters, theatrical, or melodeon performances and performances of any, every, and all kinds for which an admission fee is charged, circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements; provided, upon written application of any executive officer of any local post or unit of any national organization of ex-service men, acting in his official capacity, such license or licenses shall be issued without charge for not to exceed two weeks in any calendar year, where the local post or unit is to participate in such show or the proceeds thereof; hotels, auto camps, restaurants, chophouses, cafes, eating houses, lunch counters, lodginghouses, accommodating four or more lodgers, manufacturers, laundries, livery stables, garages, automobiles and motor sales agencies, vulcanizing shops, battery service shops, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed brickyards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city; auctioneers, stockbrokers, and stock exchanges; grocers, merchants of any, every, and all kinds, trades and traders of all kinds, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life, and accident insurance companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheel-wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dying establishments, all billiard or pool games, or other or any table games played with cue or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, or purchaser or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshments or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.

 


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ê1967 Statutes of Nevada, Page 390 (Chapter 186, AB 37)ê

 

shops, battery service shops, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed brickyards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city; auctioneers, stockbrokers, and stock exchanges; grocers, merchants of any, every, and all kinds, trades and traders of all kinds, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life, and accident insurance companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheel-wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dying establishments, all billiard or pool games, or other or any table games played with cue or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, or purchaser or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshments or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.

      Within said city to regulate, prescribe the location of, or prohibit, and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, and dance houses.

      To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state, street fakers, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed or sales stables, cattle or horse corrals, foundries and machine shops, dog fights, prize fights, cockfights, bear, bull or badger baits, sparring and sparring contests.

 


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ê1967 Statutes of Nevada, Page 391 (Chapter 186, AB 37)ê

 

fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed or sales stables, cattle or horse corrals, foundries and machine shops, dog fights, prize fights, cockfights, bear, bull or badger baits, sparring and sparring contests.

      To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress taverns, saloons, barrooms, and all establishments dealing in the sale of liquor whether for consumption on or off the premises.

      To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress games, gaming houses, gambling, as allowed by law, in all its various forms.

      11.  To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose, and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, taxis, express wagons, drays, job wagons and other public vehicles, and to regulate their charges, and to require schedule of charges to be posted in or upon such public vehicles. To fix, impose, and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns and other businesses.

      12.  To lay out, establish, open, alter, widen, extend, narrow, vacate either on its own motion or as prescribed by the general law of the state, the streets, alleys, avenues, public ways, sidewalks, parks, and public grounds, or improve the same by macadamizing, remacadamizing, concreting, reconcreting, oiling, reoiling, curbing, recurbing, grading, regrading, graveling, regraveling, paving, repaving, draining, parking, reparking, cleaning, repairing, lighting, relighting, surfacing, resurfacing, or in any other way improve the same, and by ordinance, resolution, or order require and provide for such improvements. To install, reinstall, construct, reconstruct, acquire, repair sewers, storm sewers, drains, storm drains, disposal plants and waste mains therefrom, and otherwise improve the same; to require the occupant or owner of improved property to connect his premises to the municipal sewage disposal system if the same be immediately adjacent to such property on a public street or alley and to provide for the punishment of such owner or occupant for failure to make such connection; to fix, impose, and collect a charge and fee to be paid in advance by the occupant or owner of the premises served by or through said sewage disposal system, such charge and fee to become and be a lien on the lot and premises so served, and, in addition to all other remedies allowed by law for the collection of such charge and fee, the lien therefor may be enforced in the manner provided by law, and the sewer connection may be disconnected and service discontinued until the delinquent charge and fee together with the cost for disconnection and reconnection is paid, and a license for the conduct of any business in said premises may be refused unless said charge and fee is paid.

      13.  To plant or direct and regulate the planting of ornamental shade trees, in, along, and upon streets, avenues, sidewalks, parks, and public grounds.

      14.  To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

 


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ê1967 Statutes of Nevada, Page 392 (Chapter 186, AB 37)ê

 

      15.  To prevent and remove obstructions and encroachments upon the same.

      16.  To provide for and regulate crosswalks, curbs, and gutters.

      17.  To name streets, avenues, or other public places, and to change the names thereof.

      18.  To regulate or prohibit traffic and sale upon the streets, sidewalks, and in public places, including the power to acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets and upon any other property acquired for the purpose of establishing off-street public parking facilities for vehicles. The parking fees to be charged for the use of the parking facilities regulated by such meters shall be fixed by ordinance. The commissioners shall have the power to acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The commission may issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper, and the commission may in such bonds pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.

      19.  To regulate the use of sidewalks and all structures thereunder, thereupon or thereover, and to require the owner or occupant of any property to keep sidewalks in front or along the same, free from snow and other obstructions.

      20.  To regulate and prevent the throwing or disposing of ashes, offal, dirt, garbage, or any offensive matter, in, and to prevent injury or obstruction to, any street, avenue, alley, park, or public grounds.

      21.  To provide for the collection, removal, hauling, conveying, transporting or disposal of garbage, rubbish, dirt, ashes, offal, refuse, dead animals, and any offensive matter from public or private property by contract or otherwise; to regulate the collection, removal, hauling, conveying, transporting, disposal, or burning of the same, and to prohibit such collection, removal, hauling, conveying, transporting, disposal, or burning by any person or persons other than the city or its duly authorized contractor and his or its agents, servants, and employees; to fix, impose, and collect a charge and fee to be paid by the occupants or owners of premises from which such collection, removal, hauling, conveying, transporting, and disposal is made. Provided, however, that the city shall not maintain any dump for the open-air disposal or burning of rubbish or refuse within three miles of the city limits.

      22.  To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, signposts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisements.

      23.  To regulate or prevent the flying of flags, banners, or signs across the street, or from buildings.

      24.  To regulate or prohibit the exhibition, distribution, or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.

      25.  To regulate the speed of horses and other animals, bicycles, automobiles, and other conveyances, and vehicles, and cars and locomotives within the city limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horse racing, immoderate driving or riding in the streets, alleys, avenues, and public places.

 


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ê1967 Statutes of Nevada, Page 393 (Chapter 186, AB 37)ê

 

length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horse racing, immoderate driving or riding in the streets, alleys, avenues, and public places.

      26.  To compel persons to fasten animals attached to vehicles standing or remaining on the streets, alleys, avenues, and public places.

      27.  To regulate or prohibit any public demonstrations and processions.

      28.  To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets, or on the sidewalks, or to frighten teams or horses.

      29.  To regulate the ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements, or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.

      30.  To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.

      31.  To permit, regulate, or prohibit the location, construction, or laying of the tracks of any railroad or tramway in any street, alleys, avenue, or public place, and 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 said city or other public places therein, railroad tracks and connecting and terminal tracks.

      32.  To require every railroad and street railway company to keep the streets in repair between the tracks and along and within two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.

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

      34.  To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and to keep the same in repair within the limits of the city.

      35.  To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley or avenue; to compel railroad companies to make and keep open and to keep in repair ditches, drains, sewers, and culverts along and under their railroad tracks so that the natural or artificial drainage on adjacent property shall not be impaired.

      36.  To grant an exclusive franchise to any person, firm, association, or corporation to operate and maintain a bus line in the city of Las Vegas, such franchise to be granted only upon terms which shall be advantageous to the city of Las Vegas; and the board of commissioners shall have the right to fix and prescribe the fare to be charged by the person, firm, association, or corporation procuring such franchise, or operating and maintaining such bus line.

 


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ê1967 Statutes of Nevada, Page 394 (Chapter 186, AB 37)ê

 

shall have the right to fix and prescribe the fare to be charged by the person, firm, association, or corporation procuring such franchise, or operating and maintaining such bus line.

      37.  To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

      38.  To regulate the opening and use thereof for the laying of conduits, gas, or water mains, or pipes, and the building and repairing of sewers, tunnels, and drains.

      39.  To contract with, authorize or grant to 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 said city.

      40.  To provide for the lighting of streets, laying down of gas pipes, and erecting of lampposts; to regulate the use of gas, natural gas, and electric and other lights and electric power, and to regulate the inspection thereof.

      41.  To construct and maintain waterworks, gasworks, electric light works, street railways, or bathhouses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.

      42.  To construct or authorize the construction of waterworks without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes, and drains used in or necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken, above the point from which it is taken, and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.

      43.  To regulate and control the water and watercourses, ditches, and flumes, within or leading to the city, and to regulate and control mill privileges within the city.

      44.  To construct, purchase or lease, and maintain canals, ditches, flumes, artesian wells and reservoirs; and to purchase or lease springs, streams, or sources of water supply for the purpose of providing water for irrigation, domestic, or other public purposes; and to prevent all waste of water flowing from artesian wells, and if necessary to secure said sources of water supply, to purchase or lease the land from or upon which said water has been appropriated or applied. Also, to purchase, acquire, or lease stock in ditch, canal, reservoir, or water companies for the purpose of providing water for such city and the inhabitants thereof.

      45.  To fix the rate to be paid for the use of water furnished by the city.

      46.  To purchase, construct, lease, rent, manage, and maintain any system or part of a system of waterworks, hydrants, and supplies of water, telegraphic fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.

      47.  To regulate the construction, repair, and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters, and plumbing; to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade, and to prescribe what qualifications shall be had by persons following said trade.

 


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ê1967 Statutes of Nevada, Page 395 (Chapter 186, AB 37)ê

 

areas, hydrants, pumps, sewers, gutters, and plumbing; to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade, and to prescribe what qualifications shall be had by persons following said trade.

      48.  To establish markets and market houses and to provide for the regulation and use thereof.

      49.  To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and regulate the selling of the same.

      50.  To provide for and regulate the inspection of meats, fruits, poultry, fish, butter, cheese, lard, vegetables, flour, meal, milk and all other provisions.

      51.  To provide for the inspection, measurement or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.

      52.  To provide for the inspection and sealing of weights and measures.

      53.  To enforce the keeping and use of proper weights and measures by vendors. To provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, ice and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures, duly tested and sealed, and appoint the necessary officers therefor.

      54.  To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.

      55.  To provide for and regulate the location, management, and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, soap factories, foundries, breweries, livery stables and blacksmith shops in or within one mile of the limits of the corporation.

      56.  To prohibit any offensive or unwholesome business or establishments in or within one mile of the limits of the corporation; to compel the owner of any pigsty, privy, barn, corral, sewer, or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.

      57.  To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious, malignant diseases into the city, and to make quarantine laws and regulations and to enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.

      58.  To purchase, hold, and pay for lands within or without the city limits for the burial of the dead, and all necessary grounds for hospitals, and to erect, maintain, and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city; and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds; and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery ground, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.

 


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ê1967 Statutes of Nevada, Page 396 (Chapter 186, AB 37)ê

 

convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery ground, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.

      59.  To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.

      60.  To provide for the burial of the indigent dead and to pay the expenses thereof.

      61.  To authorize the taking and to provide for the safekeeping and education, for such periods of time as may be expedient, of all children who are destitute or without proper parental care.

      62.  To establish, maintain, and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.

      63.  To define fire limits, and prescribe limits within which no buildings shall be constructed, except if it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.

      64.  To prescribe the manner of constructing stone, brick and other buildings and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.

      65.  To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition.

      66.  To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.

      67.  To regulate and prohibit the keeping of any lumberyard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.

      68.  To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof and other combustible or explosive material, and the use of lights in stables and other places, and the building of bonfires.

      69.  Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other appurtenances; and to organize fire engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.

 


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ê1967 Statutes of Nevada, Page 397 (Chapter 186, AB 37)ê

 

      70.  To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers, or steam-generating apparatus, or elevators within the corporate limits of the city.

      71.  To prohibit cruelty to animals.

      72.  To prevent the running at large in the city of poultry, hogs, sheep, goats, swine, horses, cows, or other animals; to establish and maintain a pound and to authorize the impounding, sale or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large.

      73.  To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior, and to punish the interference with any city officer in the discharge of his duty; also, to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.

      74.  To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with