[Rev. 11/21/2013 10:27:24 AM--2013]

CHAPTER 267 - COMMISSION FORM OF MUNICIPAL GOVERNMENT

INCORPORATION; POWERS; TERMINATION

NRS 267.010           Definitions.

NRS 267.020           City may adopt commission form of government.

NRS 267.030           Petition for adoption of commission form of government; election of electors to frame charter.

NRS 267.040           Nomination and election of electors to frame charter.

NRS 267.050           Canvass of returns of election; issuance of certificates of election.

NRS 267.060           Elected persons to frame charter; publication and posting of charter; affidavits of publication and posting.

NRS 267.070           Election for adoption or rejection of charter: Publication of charter; form of ballot; alternative propositions.

NRS 267.080           Canvass and declaration of result of election; when charter becomes organic law of city.

NRS 267.090           Certification of charter.

NRS 267.100           Recording and attesting of charter and amendments; judicial notice of charter and amendments.

NRS 267.110           Powers of city with commission form of government; contents of charter.

NRS 267.120           General powers of a city with commission form of government.

NRS 267.123           Public works: City’s powers subordinate to powers of regional planning agency. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or effective through September 30, 2017, if: (1) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]

NRS 267.125           Land improvement fund: Creation by ordinance; composition; expenditures.

NRS 267.140           Election to terminate commission form of government: Notice; form of ballot; canvass and results.

CONTRACTS WITH FEDERAL GOVERNMENT RELATING TO FACILITIES FOR DRAINAGE, SEWERAGE AND WATER

NRS 267.450           Definitions.

NRS 267.455           “Acquisition” and “acquire” defined.

NRS 267.460           “Drainage project” defined.

NRS 267.465           “Federal Government” defined.

NRS 267.470           “Governing body” defined.

NRS 267.475           “Improvement” and “improve” defined.

NRS 267.480           “Municipal” defined.

NRS 267.485           “Municipality” defined.

NRS 267.490           “Project” defined.

NRS 267.495           “Sewerage project” defined.

NRS 267.500           “Water project” defined.

NRS 267.505           Request by municipality for Federal Government to undertake project; approval by electors of incurrence of indebtedness.

NRS 267.510           Repayment contracts: Powers of municipality.

NRS 267.515           Cooperation with Federal Government.

NRS 267.520           Validation and ratification of contracts outstanding on March 28, 1969.

NRS 267.525           Legislative authority for validation of contracts and projects.

NRS 267.530           Liberal construction.

_________

_________

 

INCORPORATION; POWERS; TERMINATION

      NRS 267.010  Definitions.  As used in NRS 267.010 to 267.140, inclusive:

      1.  “Commission form of government” means any form of municipal government not contrary to the Constitution and laws of the United States wherein either:

      (a) Both legislative and administrative authority is exercised by the same governing body, members of which are elected by the qualified electors of a city; or

      (b) All powers of the city are vested in a governing body, members of which are elected by the qualified electors of the city, which enacts local legislation, adopts budgets, determines policies, and appoints a city manager, who executes the laws and administers the municipal government.

      2.  “Commissioners” means city commissioners or city council members.

      [Part 1:192:1915; A 1919, 366; 1919 RL p. 2658; NCL § 1248]—(NRS A 1959, 125)

      NRS 267.020  City may adopt commission form of government.  Any incorporated city in the State of Nevada may adopt the commission form of government and frame its own charter therefor.

      [Part 1:192:1915; A 1919, 366; 1919 RL p. 2658; NCL § 1248]—(NRS A 1959, 126; 1987, 1706)

      NRS 267.030  Petition for adoption of commission form of government; election of electors to frame charter.  Whenever the qualified voters of any incorporated city desiring to adopt a commission form of government so declare their desire by filing with the governing body of that city a petition having the signatures of one-fourth of the qualified voters voting at the last city election, the governing body shall cause 15 qualified electors to be elected at the next primary or general municipal election or primary or general state election to frame a charter which provides for a commission form of government for the city. The persons elected must have been residents of the city for at least 2 years preceding their election.

      [2:192:1915; 1919 RL p. 2658; NCL § 1249]—(NRS A 1959, 126; 1963, 803; 1987, 1706; 1993, 1041)

      NRS 267.040  Nomination and election of electors to frame charter.  Nominations of the electors must be made by petition of one-fifth of the qualified voters of the incorporated city. The petition must be filed with the governing body of the city at least 30 days before the day of the election, as provided for in NRS 267.030. The names of all candidates so filed must be placed upon the official ballots to be voted at the election.

      [3:192:1915; 1919 RL p. 2658; NCL § 1250]—(NRS A 1959, 127; 1963, 804; 1987, 1707; 1993, 1041)

      NRS 267.050  Canvass of returns of election; issuance of certificates of election.  Within 6 working days after the date of the election, the legislative authority of the incorporated city shall:

      1.  Meet and canvass the returns of the election.

      2.  Declare the result thereof.

      3.  Issue certificates of election to the 15 qualified electors having the highest vote therefor.

      [Part 4:192:1915; 1919 RL p. 2659; NCL § 1251]—(NRS A 1959, 127; 1987, 1707; 2007, 623)

      NRS 267.060  Elected persons to frame charter; publication and posting of charter; affidavits of publication and posting.

      1.  The persons elected as provided for in NRS 267.050 shall convene within 10 days and commence to frame a charter for the city and within 90 days thereafter they, or a majority of them, shall submit the charter to the legislative authority of the incorporated city.

      2.  Within 10 days thereafter, the legislative authority of the city shall:

      (a) Cause the proposed charter to be published once in a newspaper published in the incorporated city. If no newspaper is published in the city, the proposed charter must be published once in a newspaper published in the county; and

      (b) Cause copies of the proposed charter to be posted in three of the most public places of the city for 30 days.

      3.  The affidavits of the publisher and of the person posting the copies of the charter must be made immediately after publication and after the posting.

      [Part 4:192:1915; 1919 RL p. 2659; NCL § 1251]—(NRS A 1959, 127; 1987, 1707)

      NRS 267.070  Election for adoption or rejection of charter: Publication of charter; form of ballot; alternative propositions.

      1.  The governing body of the incorporated city shall cause the proposed charter to be published once and posted for 30 days and provide for the submission of the proposed charter to the qualified voters of the incorporated city at the next primary or general municipal election or primary or general state election.

      2.  The form of ballot concerning the question of the proposed charter at the election must be: “For the proposed charter,” “Against the proposed charter.”

      3.  In submitting the proposed charter, or amendments thereto, any alternative article or proposition may be presented to the voters of the incorporated city and may be voted on separately without prejudice to the others. In submitting the amendments, article or proposition, the form of the ballot must be: “For Article No. ..... of the charter,” “Against Article No. ..... of the charter.”

      [Part 4:192:1915; 1919 RL p. 2659; NCL § 1251]—(NRS A 1959, 128; 1963, 804; 1987, 1707; 1993, 1041)

      NRS 267.080  Canvass and declaration of result of election; when charter becomes organic law of city.  The officers conducting the election shall make returns thereof within the time and in the manner provided by the state election laws. The vote thereof shall be canvassed and the result declared as provided by such laws. If upon the canvass it shall be found that a majority of the votes so cast at the election were cast in favor of the ratification of the charter, the charter shall become the organic law of the city and shall supersede any existing charter, and all amendments thereto and all special laws inconsistent therewith, when authenticated, recorded and attested as provided in NRS 267.010 to 267.140, inclusive.

      [Part 5:192:1915; 1919 RL p. 2659; NCL § 1252]—(NRS A 1959, 128)

      NRS 267.090  Certification of charter.  If upon the canvass it is found that a majority of the votes cast at the election were cast in favor of the ratification of the charter, as provided in NRS 267.080, the mayor of the city shall thereupon attach to the charter a certificate in substance as follows:

 

       I, ................, mayor of ................, do hereby certify that in accordance with the terms and provisions of Section 8 of Article 8 of the Constitution, and the laws of the State of Nevada, an election was held on the .......... day of the month of ………. of the year ….., at which 15 qualified electors were elected to prepare a charter for the city of ......................; that notice of the election was given in the manner provided by law; that on the .......... day of the month of ………. of the year ….., the election was held, and the votes cast at that election were canvassed by the governing body of the city, and the following persons were declared elected to prepare and propose a charter for the city of .................

       That thereafter, on the .......... day of the month of ………. of the year …., the board of electors returned a proposed charter for the city of ................, signed by the following members thereof: .................

       That thereafter the proposed charter was published once in a newspaper and posted in three of the most public places in the city, to wit: For one publication, the publication in a newspaper on the .......... day of the month of ………. of the year ….., and was posted on the .......... day of the month of ………. of the year ……

       That thereafter, on the .......... day of the month of ………. of the year ….., an election was held at which the proposed charter was submitted to the qualified electors of the city, and the returns of the election were canvassed by the governing body at a meeting held on the .......... day of the month of ………. of the year ….., and the result of the election was found to be as follows: For the proposed charter, ........ votes; against the proposed charter, ........ votes. Majority for the proposed charter, ........ votes.

       Whereupon the charter was ratified by a majority of the qualified electors voting at the election.

       And I further certify that the foregoing is a full, true and complete copy of the proposed charter voted upon and ratified as aforesaid.

       In testimony whereof, I hereunto set my hand and affix the corporate seal of the city this .......... day of the month of ………. of the year ……

                                                           ............................................................................. ,

                                                           Mayor of the city of..........................................

 

Attest:............................. ,

Clerk of the city of ......

 

      [Part 5:192:1915; 1919 RL p. 2659; NCL § 1252]—(NRS A 1959, 128; 1987, 1708; 1993, 1042; 2001, 46)

      NRS 267.100  Recording and attesting of charter and amendments; judicial notice of charter and amendments.

      1.  Immediately after being certified as provided in NRS 267.090, the charter shall be recorded by the city clerk in a book to be provided and kept for that purpose and known as the charter book of the city of ................, and when so recorded shall be attested by the clerk and the mayor of the city under the corporate seal thereof.

      2.  Thereafter any and all amendments to the charter shall be in a like manner recorded and attested.

      3.  When so recorded and attested, all courts in this state shall take judicial notice of the charter and all amendments thereto.

      [Part 5:192:1915; 1919 RL p. 2659; NCL § 1252]—(NRS A 1959, 129)

      NRS 267.110  Powers of city with commission form of government; contents of charter.

      1.  Any city having adopted a charter pursuant to the provisions of NRS 267.010 to 267.140, inclusive, has pursuant to the charter:

      (a) All of the powers enumerated in the general laws of the State for the incorporation of cities.

      (b) Such other powers necessary and not in conflict with the Constitution and laws of the State of Nevada to carry out the commission form of government.

      2.  The charter, when submitted, must:

      (a) Fix the number of commissioners, their terms of office and their duties and compensation.

      (b) Provide for all necessary appointive and elective officers for the form of government therein provided, and fix their salaries and emoluments, duties and powers.

      (c) Fix, in accordance with the provisions of NRS 293C.140 and 293C.175 or with the provisions of NRS 293C.145, or with the provisions of paragraph (a) of subsection 1 of NRS 293C.115, the time for the first and subsequent elections for all elective officers. After the first election and the qualification of the officers who were elected, the old officers and all boards or offices and their emoluments must be abolished.

      [6:192:1915; 1919 RL p. 2660; NCL § 1253]—(NRS A 1959, 130; 1969, 678; 1987, 366, 1709, 1731; 1997, 3475; 2003, 679)

      NRS 267.120  General powers of a city with commission form of government.  Any city adopting a charter under the provisions of NRS 267.010 to 267.140, inclusive, has all of the powers which are now or may hereafter be conferred upon incorporated cities by the laws of the State, and all such powers as are usually exercised by municipal corporations of like character and degree, whether or not the powers are specifically enumerated in NRS 267.010 to 267.140, inclusive.

      [7:192:1915; 1919 RL p. 2661; NCL § 1254]—(NRS A 1959, 130; 1987, 1710)

      NRS 267.123  Public works: City’s powers subordinate to powers of regional planning agency. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or effective through September 30, 2017, if: (1) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]  In any region of this state for which there has been established by interstate compact a regional planning agency, the powers of a city organized under NRS 267.010 to 267.140, inclusive, with respect to the location and construction of all public works are subordinate to the powers of such regional planning agency.

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

      NRS 267.125  Land improvement fund: Creation by ordinance; composition; expenditures.

      1.  The governing body of a city having the type of commission form of government described in paragraph (b) of subsection 1 of NRS 267.010, which has acquired by the provisions of any federal or any other law real property within its corporate boundaries, and which has adopted a policy, by its charter, of leasing or selling such real property, or portions thereof, in a manner that will result in the maximum benefit accruing to the city from such leases and sales, may, by ordinance, with the approval of the Department of Taxation, create a land improvement fund, which fund shall not be subject to the provisions of chapter 354 of NRS.

      2.  The land improvement fund may be composed of:

      (a) Moneys transferred from any capital improvement fund existing pursuant to the provisions of the charter when so authorized by the registered voters of the city at an election.

      (b) Moneys contributed from the general fund of the city by action of the governing body, which contributions need not be repaid to the general fund of the city.

      (c) Such portion of the proceeds received by the city from the lease and sale of the real property as may be provided for by the charter or by city ordinance.

      (d) Any other moneys the deposit of which in the land improvement fund is budgeted for by the governing body or authorized by the registered voters of the city.

      3.  Moneys in the land improvement fund may be expended for:

      (a) Preparation of real property for sale or lease and costs incidental thereto.

      (b) Acquisition and construction of improvements on such real property prior to its sale or lease.

      (Added to NRS by 1963, 641; A 1965, 737; 1975, 1681)

      NRS 267.140  Election to terminate commission form of government: Notice; form of ballot; canvass and results.

      1.  The governing body of an incorporated city having a commission form of government may, on its own motion, and shall, upon receiving a written petition signed by a number of registered voters of the city not less than 25 percent of the number who actually voted at the preceding municipal general election seeking the discontinuance and termination in the city of the commission form of government:

      (a) If the incorporated city has a commission form of government described in paragraph (a) of subsection 1 of NRS 267.010, fix by resolution the primary or general municipal election or primary or general state election at which the question is to be submitted. The governing body shall cause to be posted at two public bulletin boards within the city, not less than 10 days before the date of the election, a notice that there will appear on the ballot the proposition for the discontinuance and termination of the commission form of government and the repeal of the charter of the city.

      (b) If the incorporated city has a commission form of government described in paragraph (b) of subsection 1 of NRS 267.010, fix by resolution the primary or general municipal election or primary or general state election at which the question is to be submitted. The governing body shall cause to be published once in a newspaper of general circulation in the city, not less than 30 nor more than 60 days before the date of the election, a notice that there will appear on the ballot the proposition for the discontinuance and termination of the commission form of government and the repeal of the charter of the city.

      2.  The proposition appearing on the ballot must be in substantially the following terms: “For termination of the commission form of government and repeal of the charter” and “Against termination of the commission form of government and repeal of the charter.”

      3.  Following the election and canvass of returns, if it is found that a majority of the votes cast on the issue has been cast for the discontinuance and termination in the city of the commission form of government and for repeal of the charter, the governing body shall proclaim the charter repealed effective:

      (a) Immediately if the Legislature has not enacted a special charter for the city and the provisions of chapter 266 of NRS supersede the provisions of NRS 267.010 to 267.140, inclusive, as to the city; or

      (b) On the date any special charter of the city enacted by the Legislature may become effective.

      4.  If, following the election and canvass of returns, it is found that a majority of the votes cast on the issue has been cast against the discontinuance and termination in the city of the commission form of government and against the repeal of the charter, the commission form of government and charter continue in effect.

      [8a:192:1915; added 1929, 118; NCL § 1256]—(NRS A 1959, 131; 1971, 319; 1987, 1710; 1993, 1043)

CONTRACTS WITH FEDERAL GOVERNMENT RELATING TO FACILITIES FOR DRAINAGE, SEWERAGE AND WATER

      NRS 267.450  Definitions.  Except where the context otherwise requires, the definitions in NRS 267.455 to 267.500, inclusive, govern the construction of NRS 267.450 to 267.530, inclusive.

      (Added to NRS by 1969, 248)

      NRS 267.455  “Acquisition” and “acquire” defined.  “Acquisition” or “acquire” means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, this state, any public body therein, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any properties pertaining to a project, or an interest therein.

      (Added to NRS by 1969, 248)

      NRS 267.460  “Drainage project” defined.  “Drainage project” means any natural and artificial water facilities for the collection, channeling, impoundment and disposal of rainfall, other surface and subsurface drainage waters and storm and floodwaters, including without limitation ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, water lines, sluices, flumes, syphons, sewer lines, pipes, conduits, culverts, other transmission lines, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, bucket machines, inlet and outlet cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures and buildings, flood-warning service and appurtenant telephone, telegraph, radio and television apparatus, and other water diversion, drainage and flood-control facilities (or any combination thereof).

      (Added to NRS by 1969, 248)

      NRS 267.465  “Federal Government” defined.  “Federal Government” means the United States of America, or any agency, instrumentality or corporation thereof.

      (Added to NRS by 1969, 249)

      NRS 267.470  “Governing body” defined.  “Governing body” means the city council, city commission, board of supervisors, town council, town board or other local legislative or governing body of the municipality.

      (Added to NRS by 1969, 249)

      NRS 267.475  “Improvement” and “improve” defined.  “Improvement” or “improve” means the extension, widening, lengthening, betterment, alteration, reconstruction or other major improvement (or any combination thereof) of any properties pertaining to a project or an interest therein, but does not mean renovation, reconditioning, patching, general maintenance or other minor repair.

      (Added to NRS by 1969, 249)

      NRS 267.480  “Municipal” defined.  “Municipal” means pertaining to a municipality as defined in NRS 267.485.

      (Added to NRS by 1969, 249)

      NRS 267.485  “Municipality” defined.  “Municipality” means any incorporated city organized pursuant to NRS 267.010 to 267.140, inclusive, which has a population of 4,000 or more.

      (Added to NRS by 1969, 249; A 1979, 526; 1987, 1711)

      NRS 267.490  “Project” defined.  “Project” means the acquisition, improvement and equipment (or any combination thereof) of a drainage project, sewerage project or water project (or any combination thereof).

      (Added to NRS by 1969, 249)

      NRS 267.495  “Sewerage project” defined.  “Sewerage project” means facilities pertaining to a municipal sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, including without limitation a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, water lines, sewer lines, conduits, ditches, pipes and transmission lines, pumping plants, filter plants, power plants, pumping stations, gauging stations, ventilating facilities, incinerators, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings and other facilities for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof). A sewerage project may include as a part thereof a drainage project as defined in NRS 267.460.

      (Added to NRS by 1969, 249)

      NRS 267.500  “Water project” defined.  “Water project” means facilities pertaining to a municipal water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, ponds, lakes, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, power plants, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation (or any combination thereof).

      (Added to NRS by 1969, 249)

      NRS 267.505  Request by municipality for Federal Government to undertake project; approval by electors of incurrence of indebtedness.  The governing body of any municipality, on its behalf and in its name, is authorized:

      1.  To request the Federal Government to undertake any project for the municipality; and

      2.  To negotiate for, to obtain and enter into, and to cause to be executed such contracts, documents and other instruments as are necessary or appropriate to carry such requests into effect, subject to the approval by the qualified electors of the municipality of a question authorizing the incurrence of an indebtedness by the municipality by making such an agreement in the manner provided in NRS 350.020 to 350.070, inclusive.

      (Added to NRS by 1969, 250; A 1981, 954)

      NRS 267.510  Repayment contracts: Powers of municipality.  In the contracts, documents and other instruments designated in NRS 267.505, the governing body may:

      1.  Obligate the municipality to repay to the Federal Government the cost of the project undertaken by it for the municipality, including without limitation all incidental costs pertaining thereto, over a term of not exceeding 40 years commencing on any specified date in the calendar year next following the calendar year in which the project is completed or is estimated to be completed in any such contract between the municipality and the Federal Government, or in any other such document or any other such instrument, whichever period is later, and otherwise upon such terms and conditions and with such other provisions as the municipality and the Federal Government may provide, except as otherwise provided in NRS 267.450 to 267.530, inclusive.

      2.  Obligate the municipality to pay to the Federal Government interest on the project cost, except to the extent an allowance is made in the project cost for interest during the period of construction or during any other period determined by the municipality and the Federal Government, at a rate or rates which do not exceed by more than 3 percent:

      (a) For general obligations, the Index of Twenty Bonds; and

      (b) For other obligations, the Index of Revenue Bonds,

Ê which is in effect at the time the agreement is made.

      3.  Obligate the municipality to operate and maintain the facilities resulting from the project or otherwise pertaining thereto, in such manner, upon such terms and conditions, and otherwise with such other provisions as the municipality and the Federal Government may provide.

      4.  Pledge the full faith and credit of the municipality for the payment of the money due under such contracts, documents and other instruments.

      5.  Provide for the payment of such money as general obligations or special obligations of the municipality, or as general obligations of the municipality the payment of which is additionally secured by a pledge of revenues derived from any utility or other income-producing project of the municipality legally available therefor.

      6.  Otherwise pledge the full faith and credit of the municipality for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of the municipality in any such contract with the Federal Government.

      7.  Exercise any combination of powers provided in NRS 267.450 to 267.515, inclusive.

      (Added to NRS by 1969, 250; A 1971, 2098; 1975, 843; 1981, 1406; 1983, 577)

      NRS 267.515  Cooperation with Federal Government.  Any municipality may cooperate with the Federal Government in connection with any project undertaken by the Federal Government, including, without limitation, in the manner provided in the Federal Reclamation Law approved June 17, 1902 (32 Stat. 388), all acts amendatory thereof or supplemental thereto, and any other act of Congress enacted before, on or after March 28, 1969, authorizing or permitting such cooperation.

      (Added to NRS by 1969, 251; A 1997, 1605)

      NRS 267.520  Validation and ratification of contracts outstanding on March 28, 1969.  All outstanding contracts, documents and other instruments pertaining to any project, and all acts and proceedings had or taken prior to March 28, 1969, or purportedly had or taken, by or on behalf of a municipality preliminary to or in the authorization, execution and otherwise making of such contracts, documents and other instruments or preliminary to or in the undertaking of the project (or any combination thereof) are hereby validated, ratified, approved and confirmed, including without limitation any election for the authorization of such contracts, the terms, provisions, conditions and covenants in any such contracts, documents and other provisions and in any resolutions and ordinances pertaining thereto, except as otherwise provided in NRS 267.525, notwithstanding any lack of power, authority or otherwise, other than constitutional, and notwithstanding any defects and irregularities, other than constitutional, in the creation of the municipality and in making or adopting such contracts, documents and other instruments, or in undertaking such project, including without limitation such acts and proceedings had or taken prior to March 28, 1969, appertaining thereto but remaining uncompleted, subject to the taking or adoption of such supplemental acts and proceedings prior to March 28, 1969, not had or taken, nor purportedly had or taken, but required by and in substantial and due compliance with NRS 267.450 to 267.530, inclusive, and any other laws pertaining thereto.

      (Added to NRS by 1969, 251)

      NRS 267.525  Legislative authority for validation of contracts and projects.

      1.  This section and NRS 267.520 shall operate to supply such legislative authority as may be necessary to validate any such contracts, documents and other instruments pertaining to any project, to validate any such project, and to validate all acts and proceedings preliminary thereto and prior to March 28, 1969, had or taken which the Legislature could have supplied or provided for in NRS 267.450 to 267.530, inclusive, or in any other law under which such contracts, documents and other instruments were made or adopted, such project was undertaken, or such acts or proceedings were taken.

      2.  This section and NRS 267.520, however, shall be limited to the validation of contracts, documents, other instruments, projects, acts and proceedings to the extent to which they can be effectuated under the state and federal constitutions.

      3.  This section and NRS 267.520 shall not operate to validate, ratify, approve, confirm or legalize any contract, document, other instrument, project, act, proceeding or any other matter which has been determined prior to March 28, 1969, in any legal proceeding to be illegal, void or ineffective.

      (Added to NRS by 1969, 251)

      NRS 267.530  Liberal construction.  NRS 267.450 to 267.525, inclusive, being necessary to secure the public health, safety, convenience and welfare, they shall be liberally construed to effect their purposes.

      (Added to NRS by 1969, 252)