[Rev. 1/24/2023 3:45:42 PM--2021]
ELKO CITY CHARTER
Chapter 276, Statutes of Nevada 1971
AN ACT incorporating the City of Elko, in Elko County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto.
[Approved April 15, 1971]
ARTICLE I - Incorporation of City; General Powers; Boundaries; Wards and Annexations; City Offices
1. In order to provide for the orderly government of the City of Elko and the general welfare of its citizens the Legislature hereby establishes this Charter for the government of the City of Elko. It is expressly declared as the intent of the Legislature that all provisions of this Charter be liberally construed to carry out the express purposes of the Charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the Charter.
2. Any powers expressly granted by this Charter are in addition to any powers granted to a city by the general law of this state. All provisions of Nevada Revised Statutes which are applicable generally to cities (not including, unless otherwise expressly mentioned in this charter, chapter 265, 266 or 267 of NRS) which are not in conflict with the provisions of this Charter apply to the City of Elko.
(Ch. 276, Stats. 1971 p. 474)
1. All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 1.030 shall constitute a political and corporate body by the name of “City of Elko” and by that name they and their successors shall be known in law, have perpetual succession and may sue and be sued in all courts.
2. Whenever used throughout this charter, “City” means the City of Elko.
(Ch. 276, Stats. 1971 p. 475)
Sec. 1.030 Description of territory. The territory embraced in the City is that certain land described in the official plat required by NRS 234.250 to be filed with the County Recorder and County Assessor of Elko County, as such plat is revised from time to time.
(Ch. 276, Stats. 1971 p. 475)
1. The elective officers of the City consist of:
(a) A Mayor.
(b) Four members of the City Council.
2. Such officers must be elected as provided by this Charter.
Sec. 1.060 Elective offices: Vacancies. Except as otherwise provided in NRS 268.325:
1. A vacancy in the City Council must be filled by a majority vote of the members of the City Council within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the City Council before the vacancy occurs. In such a case, each member of the City Council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the City Council pursuant to this section. The appointee must have the same qualifications as are required of the elective official.
2. No such appointment extends beyond the first Monday in:
(a) If the appointee is filling a vacancy occurring in an office for which an election is held pursuant to subsection 2 of section 5.010, July after the next municipal election, at which election the office must be filled.
(b) If the appointee is filling a vacancy occurring in an office for which an election is held pursuant to subsection 1, 3 or 4 of section 5.010, January after the next municipal election, at which election the office must be filled.
1. The City Council shall appoint the following officers:
(a) City Clerk.
(b) City Attorney.
(c) Chief of Police.
(d) Municipal Judge.
(e) Fire Chief.
(f) City Manager.
(g) City Engineer, who may be the City Manager.
2. The City Council may establish such other offices and appoint such other officers as it may deem necessary.
1. All appointive officers of the City shall perform such duties under the direction of the City Manager as may be designated by the City Council.
2. All appointive officers of the City shall receive such salary as may be designated by the City Council.
Sec. 1.090 Officers’ performance bonds. The City Council may require from all officers and employees of the City constituted or appointed under this Charter, other than members of the City Council, sufficient security for the faithful and honest performance of their respective duties.
1. The Mayor and the members of the City Council:
(a) Shall not hold any other elective office with Elko County or the City, except as otherwise provided by law or as a member of a board or commission for which no compensation is received.
(b) Must not be elected or appointed to any office created by or the compensation for which was increased or fixed by the City Council until 1 year after the expiration of the term for which such person was elected.
2. Any person holding any office proscribed by subsection 1 automatically forfeits his or her office as Mayor or as a member of the City Council.
Sec. 1.110 Oath of office. Every person elected or appointed to fill any office shall subscribe to the official oath as provided by the City Council. Every such person shall swear or affirm that he or she is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the City government.
ARTICLE II - Legislative Department
1. The legislative power of the City is vested in a City Council consisting of four members and the Mayor.
2. The members of the City Council must be:
(a) Bona fide residents of the City for at least 2 years before their election.
(b) Qualified electors within the City.
3. All members of the City Council must be voted upon by the registered voters of the City at large and, except as otherwise provided in section 5.010, shall serve for terms of 4 years.
4. The members of the City Council must receive a salary in an amount fixed by the City Council.
1. The City Council shall establish a Finance Department of the City, and may establish such other departments as it determines are necessary. The City Council shall control and supervise the departments of the City and may establish such rules and regulations as may be necessary for the administration of the departments.
2. The Mayor shall designate, from among the members of the City Council, members to act as liaisons for the different departments and functions of the City.
3. The duties of each department must be designated by the City Council.
1. The City Council may:
(a) Provide for the punishment of any member of the City Council for disorderly conduct committed in its presence.
(b) Order the attendance of witnesses and the production of all papers relating to any business before the City Council.
2. If any person ordered to appear before the City Council fails to obey the order:
(a) The City Council or any member thereof may apply to the clerk of the district court for a subpoena commanding the attendance of the person before the City Council.
(b) The clerk may issue the subpoena, and any peace officer may serve it.
(c) If the person upon whom the subpoena is served fails to obey it, the court may issue an order to show cause why the person should not be held in contempt of court and upon hearing of the matter may adjudge the person guilty of contempt and punish him or her accordingly.
1. The City Council shall hold at least one regular meeting each month, and, by ordinance, may provide for additional regular meetings.
2. Except as otherwise provided in NRS 241.0355, a majority of all members of the City Council constitutes a quorum to do business, but a lesser number of the members of the City Council may meet and recess from time to time, and compel the attendance of the absent members.
3. Except as otherwise provided by law, all sessions and all proceedings of the City Council must be public.
1. In addition to its regularly scheduled meetings, the City Council may hold special and emergency meetings. Special and emergency meetings may be held on call of the Mayor or by a majority of the City Council in a manner that complies with the provisions of chapter 241 of NRS.
2. At a special meeting:
(a) No business may be transacted except such as has been stated in the call of the meeting.
(b) No ordinance may be passed except an emergency ordinance.
1. Fix the time and place of its meetings and judge the qualifications and election of its own members.
2. Adopt rules for the government of its members and proceedings.
Sec. 2.080 Oaths and affirmations. The Mayor, each member of the City Council and the City Clerk may administer oaths and affirmations relating to any business pertaining to the City before the City Council or to be considered by the City Council.
1. The City Council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this Charter, necessary for the municipal government and the management of the affairs of the City, and for the execution of all the powers vested in the City.
2. When power is conferred upon the City Council to do and perform anything, and the manner of exercising the power is not specifically provided for, the City Council may provide by ordinance the manner and details necessary for the full exercise of the power.
3. The City Council may enforce ordinances by providing penalties not to exceed those established by the Legislature for misdemeanors.
4. The City Council has such powers, not in conflict with the express or implied provisions of this Charter, as are conferred generally by statute upon the governing bodies of cities organized under a special charter.
5. The City Council shall not pass any ordinance increasing or diminishing the salary of any elective officer during the term for which he or she is elected or appointed.
1. No ordinance may be passed except by bill and by a majority vote of the whole City Council. The style of all ordinances must be as follows: “The City Council of the City of Elko does ordain:”.
2. An ordinance must not contain more than one subject, which must be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.
3. Any ordinance which amends an existing ordinance must set out in full the ordinance or sections thereof to be amended, and must indicate matter to be omitted.
1. All proposed ordinances when first proposed must be read to the City Council by title and may be referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the City Clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the City at least 10 days before the adoption of the ordinance. The City Council shall adopt or reject the ordinance or an amendment thereto, within 30 days after the date of publication.
2. At the next regular meeting or adjourned meeting of the City Council following the proposal of an ordinance, the ordinance must be considered again with the report of the committee, if any. Thereafter, it must be read as first introduced, or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.
3. In cases of emergency, by unanimous consent of the City Council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the City Clerk need be published.
4. All ordinances must be signed by the Mayor, attested by the City Clerk and published by title, together with the names of the members of the City Council voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the City for at least one publication, before the ordinance becomes effective. The City Council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The City Clerk shall keep on file all ordinances, including the affidavits of publication by the publisher.
1. The City Council may codify and publish a Code of its municipal ordinances in the form of a Municipal Code. The City Council may incorporate into the Municipal Code a copy of this Charter and such additional data as the City Council may prescribe. When the Municipal Code is published, two copies of the Code must be filed with the Librarian at the Supreme Court Law Library.
2. The ordinances in the Code must be arranged in appropriate chapters, articles, and sections, excluding the titles, enacting clauses, signature of the Mayor, attestations and other formal parts.
3. The codification must be adopted by an ordinance and must not contain any substantive changes, modifications or alterations of existing ordinances. The only title necessary for the ordinance is “An ordinance for codifying and compiling the general ordinances of the City of Elko.”
4. The codification may be amended or extended by ordinance.
1. The City Council may:
(a) Control the property of the corporation.
(b) Erect and maintain all buildings necessary for the use of the City.
(c) Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the City, improve and protect such property, and do all other things in relation thereto which natural persons might do.
2. The City Council may not, except as otherwise specifically provided by this Charter or any other law, mortgage, hypothecate or pledge any property of the City for any purpose.
Sec. 2.140 Powers of City Council: Eminent domain. The City Council may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.
1. The City Council may:
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. The City Council may establish any equitable standard to be used in fixing license taxes collected pursuant to this section.
1. The Legislature finds and declares that recreation facilities for the use and enjoyment of all the inhabitants of the City are public uses and municipal purposes, and that the acquisition, construction and operation thereof by the City Council will promote the morals, amusement, entertainment, health, welfare and safety of the inhabitants of the City.
2. As used in this section and sections 2.170 and 2.180, “recreation facility” or “recreation facilities” means a place, structure, area or other facility used for community recreation, such as playgrounds, playing fields or courts, beaches, lakes, rivers, swimming pools, dams constructed across streams or rivers for the creation of swimming pools and recreational reservoirs, gymnasiums, auditoriums, camps, parks, ski facilities, golf courses, natural reservations, recreation grounds, fairgrounds, exposition buildings, convention halls, fieldhouses, amusement halls and recreation centers.
1. Establish, construct, purchase, lease, rent, acquire by gift, grant, bequest, devise, or otherwise acquire, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage recreation facilities within or without the City, including personal or real property, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.
2. Deposit the proceeds of any of the license taxes collected pursuant to section 2.150 in a special fund in the City Treasury for the purpose of:
(a) Operating and maintaining recreation facilities under the jurisdiction of the City Council.
(b) Improving, extending and bettering such recreation facilities.
(c) Constructing, purchasing or otherwise acquiring such recreation facilities.
3. Accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, corporate or otherwise, the State of Nevada or any of its political subdivisions or from any other source, for or in aid of any recreation facility within the area of operation of the City Council, and comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable.
Sec. 2.180 Powers of City Council: Recreational facilities; flood control projects. Whenever any recreation facility is affected by or will be affected by any flood control project being constructed or to be constructed under the provisions of any federal law, if the City Council finds that the flood control project will improve, better and protect the recreation facility, the City Council may give assurances to and perform any other acts required by and satisfactory to the Secretary of the Army that the local cooperation required for the flood control project by the federal law will be furnished by the City.
1. Organize, regulate and maintain a Fire Department.
2. Provide for the appointment of a Fire Chief and prescribe his or her duties.
3. Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the City, and prescribe the distance from any residential or commercial area where it may be kept. Any ordinance adopted pursuant to this subsection that regulates places of employment where explosives are stored must be at least as stringent as the standards and procedures adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.
4. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section, and to provide for the prevention, suppression and extinguishment of fires and conditions hazardous to life and property from fire, explosion or combustion, and to provide for the enforcement of all such codes and regulations by imposing adequate penalties for violations thereof.
1. Provide for safeguarding public health in the City.
2. Create a Board of Health and prescribe the powers and duties of the Board.
3. Provide for the enforcement of all regulations and quarantines established by the Board of Health by imposing adequate penalties for violations thereof.
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the City.
2. Adopt any building or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary.
1. Divide the City into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within the districts.
2. Establish and adopt ordinances and regulations relating to the subdivision of land.
Sec. 2.240 Powers of City Council: Subdivision; payment for installation of utilities. The City Council may require the owners of land who lay out and plat the land into lots, streets and alleys to guarantee the payment for the installation of sewers, water mains and lines, drains, curbs and gutters, and the grading and paving of streets within the division or subdivision defined by the plat.
1. Lay out, maintain, alter, improve or vacate all public rights-of-way in the City.
2. Regulate the use of public parks, buildings, grounds and rights-of-way and prevent the unlawful use thereof.
3. Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.
4. To the extent permissible under the Nevada Constitution and the Constitution of the United States, regulate and prevent in all public places:
(a) The distribution and exhibition of handbills or signs.
(b) Any practice tending to annoy persons passing in such public places.
(c) Public demonstrations and processions.
5. Prevent riots or any act tending to promote riots in any public place.
1. Except as otherwise provided in NRS 707.375, all vehicular, pedestrian and other traffic within the City and provide generally for the public safety on public streets and rights-of-way.
2. The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.
1. The City Council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters must be fixed by the City Council.
2. Except as otherwise provided by this Charter, the City Council may acquire property within the City by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The City Council may, in bonds issued to acquire property for this purpose, pledge the on-street parking revenues, the general credit of the City, or both, to secure the payment of the principal and interest thereon.
1. License, regulate or prohibit the location, construction or laying of tracks of any railroad or streetcar in any public right-of-way.
2. Grant franchises to any person or corporation to operate a railroad or streetcar upon public rights-of-way and adjacent property.
3. Declare a nuisance and require the removal of the tracks of any railroad or streetcar in any public right-of-way.
4. Condemn rights-of-way for any public purpose across any railroad right-of-way.
5. Prescribe the length of time any public right-of-way may be obstructed by trains standing thereon.
6. Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.
7. Require railroad companies to provide protection against injury to persons or property.
8. Compel railroad companies to raise or lower their tracks to conform to any grade established by the City.
9. Compel railroad companies to provide that drainage from property adjacent to their tracks not be impaired.
1. Determine by ordinance what shall be deemed nuisances.
2. Provide for the abatement, prevention and removal of those nuisances at the expense of the person creating, causing or committing the nuisance.
3. Provide that the expense of removal is a lien upon the property upon which the nuisance is located. Such a lien must:
(a) Be perfected by filing with the County Recorder a statement by the City Clerk of the amount of expenses due and unpaid and describing the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment of general taxes.
(c) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible for such nuisances.
1. Fix, impose and collect an annual per capita tax on all animals and provide for the capture and disposal of all animals on which the tax is not paid.
2. Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.
3. Establish a facility for animal control and may appoint or hire such personnel as may be necessary to operate the facility.
4. Prohibit cruelty to animals.
Sec. 2.310 Powers of City Council: Abatement of noxious insects, rats and disease-bearing organisms. The City Council may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the City or in territory outside the City but so situated that such insects, rats and disease-bearing organisms migrate or are carried into the City.
1. Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the City.
2. Sell any product or by-product thereof and acquire the appropriate outlets within or without the City and extend the sewer lines thereto.
3. Establish sewer fees and provide for the enforcement and collection thereof.
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the City for the residents thereof.
2. Provide for the construction of any facility necessary for the provision of the utilities.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the City is a lien upon the property to which the service is rendered and may be perfected by filing with the County Recorder of Elko County a statement by the City Clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien must:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
1. Acquire and maintain property for public use as a cemetery.
2. Survey, plat, map, fence, ornament and otherwise improve all public cemetery grounds.
3. Convey cemetery lots owned by the City, and pass rules and ordinances for the protection and government of cemetery grounds.
4. Vacate public burial and cemetery grounds.
5. Prohibit subsequent burials therein.
6. Provide for the removal therefrom of all bodies which may have been interred therein.
1. Construct, within or without the City limits, works designed to protect the City from floods.
2. Acquire by purchase or condemnation any property or water right necessary or appropriate for that purpose.
3. Enact all ordinances and regulations necessary to carry the power conferred in this section into effect.
ARTICLE III - Executive Department
1. The Mayor must be:
(a) A bona fide resident of the City for at least 2 years before his or her election.
(b) A qualified elector within the City.
2. The Mayor shall:
(a) Serve as ex officio President of the City Council and preside over its meetings.
(b) Serve as the Chief Executive Officer of the City.
(c) Be recognized as the head of the City Government for all ceremonial purposes.
(d) Perform such emergency duties as may be necessary for the health, welfare and safety of the City.
(e) Perform such other duties, except administrative duties assigned by the City Council to the City Manager, as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.
3. The City Council shall elect one of its members to be the Mayor pro tempore who:
(a) Holds such office and title, without additional compensation, during the term for which he or she was elected.
(b) Must perform the duties of Mayor during the absence or disability of the Mayor.
(c) Must act as Mayor until the next municipal election if the office of Mayor becomes vacant.
1. The City Manager shall perform such administrative duties as the City Council may designate. The City Council shall fix the duties and salary of the City Manager.
2. The City Manager may appoint such personnel as he or she may deem necessary, subject to the approval of the City Council.
1. Keep the corporate seal and all books and papers belonging to the City.
2. Attend all meetings of the City Council and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the City Council, the City Clerk shall attest the journal after it has been signed by the Mayor.
3. Sign all warrants issued.
4. Number and countersign all licenses issued by the City. All licenses must be in a form devised by the City Clerk and approved by the City Council.
5. Enter upon the journal the result of the vote of the City Council upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses or increasing or decreasing the rates of licenses.
6. Act as ex officio City Treasurer, Registry Agent and License Collector.
7. Perform such other duties as may be required by the City Council.
Sec. 3.040 City Clerk’s bond. The City Clerk is liable and accountable on his or her official bond for the performance of his or her duties under the provisions of this Charter, and the City Council may require from him or her such additional security as may be necessary from time to time.
1. A duly licensed member of the State Bar of Nevada but he or she need not be a resident of the City.
2. The Legal Officer of the City.
(Ch. 276, Stats. 1971 p. 486)
Sec. 3.080 City officers: Duties restricted and altered. The City Council may prescribe by ordinance the powers and duties of all city officers and may add to, alter or restrict such powers and duties.
Sec. 3.090 City officers: Absence from office. If any appointive officer removes his or her office from the City, or absents himself or herself therefrom for more than 30 days without leave of the City Council, his or her office must be declared vacant by the City Council and the vacancy filled by appointment as provided in this Charter.
1. All taxes, fines, forfeitures or other money collected or recovered by any officer or person pursuant to the provisions of this Charter or any valid ordinance of the City must be paid by the officer or person collecting or receiving the money to the Finance Department of the City, which shall dispose of the money in accordance with the ordinances, regulations and procedures established by the City Council.
2. The City Council may, by proper legal action, collect all money that is due and unpaid to the City or any office thereof, and the City Council may pay from the General Fund all fees and expenses necessarily incurred by it in connection with the collection of that money.
Sec. 3.110 Removal of officers. If any officer is adjudged guilty of nonfeasance, misfeasance or malfeasance in office by any court of competent jurisdiction, the City Council may declare the office vacant and fill the vacancy so caused as provided by law.
ARTICLE IV - Judicial Department
(Ch. 276, Stats. 1971 p. 487)
ARTICLE V - Elections
1. On the first Tuesday after the first Monday in June 2011, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, a Mayor and two members of the City Council, all of whom hold office until their successors have been elected and qualified pursuant to subsection 4.
2. On the first Tuesday after the first Monday in June 2009, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, two members of the City Council, both of whom hold office until their successors have been elected and qualified pursuant to subsection 3.
3. On the first Tuesday after the first Monday in November 2012, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, two members of the City Council, both of whom hold office for a period of 4 years and until their successors have been elected and qualified.
4. On the first Tuesday after the first Monday in November 2014, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, a Mayor and two members of the City Council, all of whom hold office for a period of 4 years and until their successors have been elected and qualified.
1. All elections held under this Charter must be governed by:
(b) All other provisions of the election laws of this State, so far as those laws can be made applicable and are not inconsistent with the provisions of this Charter.
2. The conduct of all municipal elections is under the control of the City Council. For the conduct of municipal elections, for the prevention of fraud in such elections, and for the recount of ballots in cases of doubt or fraud, the City Council shall adopt by ordinance all regulations which it considers desirable and consistent with law and this Charter.
1. Every person who resides within the City at the time of holding a municipal election, and whose name appears upon the official register of voters in and for the City, is entitled to vote at the municipal election and for all officers to be voted for and on all questions that may be submitted to the people at the election, except as otherwise provided in this article.
2. Nothing in this Charter denies or abridges the power of the City Council to provide for supplemental registration.
1. The full names of all candidates, except those who have withdrawn, died or become ineligible, must be printed on the official ballots without party designation or symbol.
2. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion and:
(a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot; or
(b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.
Sec. 5.050 Ballots for ordinances and Charter amendments. An ordinance or Charter amendment to be voted on in the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: “Shall the above described (ordinance) (amendment) be adopted?” The ballot or voting machine or device shall be so marked as to indicate clearly in what manner the voter may cast his or her vote, either for or against the ordinance or amendment.
Sec. 5.060 Availability of lists of registered voters. If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the City, the department, office or agency which has custody of the official register of voters shall, except as otherwise provided in NRS 293.5002 and 293.558, either permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list.
Sec. 5.070 Watchers and challengers. A candidate is entitled upon written application to the election authorities at least 5 days before the election to appoint two persons to represent him or her as watchers and challengers at each polling place where voters may cast their ballots for him or her. A person so appointed has all the rights and privileges prescribed by watchers and challengers under the election laws of this state. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.
(Ch. 276, Stats. 1971 p. 489)
Sec. 5.080 Voting machines. The City Council may provide for the use of mechanical or other devices for voting or counting votes that is not inconsistent with law or the regulations of the Secretary of State.
1. The election returns from a municipal election must be filed with the City Clerk, who shall immediately place the returns in a safe or vault. No person may handle, inspect or in any manner interfere with the returns until the returns are canvassed by the City Council.
2. The City Council shall meet within the time set forth in NRS 293C.387 after an election and canvass the returns and declare the result. The election returns must be sealed and kept by the City Clerk for 2 years, and no person may have access thereto except on order of a court of competent jurisdiction or by order of the City Council.
3. The City Clerk, under his or her hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first Monday in:
(a) If the officer is elected pursuant to subsection 1 or 2 of section 5.010, July next following his or her election.
(b) If the officer is elected pursuant to subsection 3 or 4 of section 5.010, January next following his or her election.
4. If any election should result in a tie, the City Council shall summon the candidates who received the tie vote and determine the tie by lot. The Clerk shall then issue to the winner a certificate of election.
Sec. 5.100 Contest of election. A contested election for any municipal office shall be determined according to the law of the State regulating proceedings in contested elections in political subdivisions.
(Ch. 276, Stats. 1971 p. 489)
ARTICLE VI - Local Improvements
Sec. 6.010 Local improvement law. The City Council, on behalf of the City and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects; and
13. Water projects.
Sec. 6.020 Local improvement law: Collateral powers. The City Council, on behalf of the City for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS, as amended from time to time.
ARTICLE VII - Local Bonds and Franchises
Sec. 7.010 Acquisition, operation of municipal utilities. The City may, in the manner and for the purposes provided in this Charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
1. Subject to the limitations imposed by this article, the City may, for any corporate purpose, including, without limitation, any purpose expressly authorized by this Charter or by Nevada Revised Statutes for a city:
(a) Borrow money; and
(b) Issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except for securities issued pursuant to section 6.020.
ARTICLE VIII - Revenue
1. The City Council shall annually, at the time prescribed by law for levying taxes for State and County purposes, levy a tax not exceeding 3 percent upon the assessed value of all real and personal property within the City, except as provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes so levied must be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of State and County taxes. The revenue laws of the State must, in every respect not inconsistent with the provisions of this Charter, be applicable to the levying, assessing and collecting of the municipal taxes.
2. In the matter of the equalization of assessments, the rights of the City and the inhabitants thereof must be protected in the same manner and to the same extent by the action of the County Board of Equalization as are the State and County.
3. All forms and blanks used in levying, assessing and collecting the revenues of the State and counties must, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the City. The City Council shall enact all such ordinances as it may deem necessary and not inconsistent with this Charter and the laws of the State for the prompt, convenient and economical collecting of the revenue.
Sec. 8.020 Revenue ordinances. The City Council may pass and enact all ordinances necessary to carry into effect the revenue laws in the City and to enlarge, fix and determine the powers and duties of all officers in relation thereto.
ARTICLE IX - Miscellaneous Provisions
Sec. 9.010 Severability of provisions. If any portion of this Charter is held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Charter. The Legislature hereby declares that it would have passed the charter and each portion thereof, irrespective of the portion which may be deemed unconstitutional or otherwise invalid.
(Ch. 276, Stats. 1971 p. 492)
1. All rights and property of every kind and description which were vested in the City prior to the enactment of this Charter shall be vested in the same municipal corporation on the effective date of this Charter. No right or liability, either in favor of or against such corporation existing at the time of becoming incorporated under this Charter, and no action or prosecution shall be affected by such change, but it shall stand and progress as if no change had been made.
2. Whenever a different remedy is given by this Charter, which may properly be made applicable to any right existing at the time of such City so becoming incorporated under this Charter, such remedy shall be cumulative to the remedy before provided, and used accordingly.
3. All ordinances and resolutions in effect in the City prior to the effective date of this Charter shall, unless in conflict with the provisions of this Charter, continue in full force and effect until amended or repealed.
4. The enactment of this Charter shall not effect any change in the legal identity of the City.
5. The enactment of this Charter shall not be construed to repeal or in any way affect or modify:
(a) Any special, local or temporary law.
(b) Any law or ordinance making an appropriation.
(c) Any ordinance affecting any bond issue or by which any bond issue may have been authorized.
(d) The running of the statute of limitations in force at the time this Charter becomes effective.
(e) Any bond of any public officer.
(Ch. 276, Stats. 1971 p. 492)