[Rev. 10/29/2015 1:34:34 PM]

Link to Page 2032

 

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ê1971 Statutes of Nevada, Page 2033 (Chapter 667, AB 107)ê

 

examination as an inducement to secure dental patronage; or the advertising of price, cost, charge, fee or terms of credit for the services performed or to be performed, or for material used or to be used, by any person engaged as principal or agent in the practice of dentistry; or the advertising of a guarantee for any dental services; or the advertising of artificial teeth or dentures with or without the use of any representation of a tooth, teeth, bridgework or denture, or of any portion of the human head, or the exhibition or use of specimens of dental work, large display signs, glaring light signs, electric or neon, or any signs, posters or other media calling attention of the public to any person engaged in the practice of dentistry. Any person taking up or retiring from the practice of dentistry, changing his place of business or business telephone, or who intends to absent himself from or return to, his place of business may advertise such fact in a newspaper for not more than 3 successive publications, which advertisement shall not exceed 2 column inches; or

      (e) The claiming or inferring of professional superiority over neighboring practitioners; or

      (f) The giving of a public demonstration of skill or methods of practicing upon or along the streets or highways or any place other than the office where the licensee is known to be regularly engaged in his practice; or

      (g) Fraud or misrepresentation in connection with the securing of a license; or

      (h) Willful or repeated violations of the rules of the board of health; or

      (i) Division of fees or agreeing to split or divide the fees received for services with any person for bringing or referring a patient, without the knowledge of the patient or his legal representative, but this shall not be construed to forbid licensed dentists from practicing in a partnership and sharing professional fees, to forbid a licensed dentist from employing another licensed dentist or dental hygienist, or to forbid a licensed dentist from rendering services as a member of a nonprofit professional service corporation; or

      (j) Employing, procuring, inducing, aiding or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry; but the patient practiced upon shall not be deemed an accomplice, employer, procurer, inducer, aider, or abettor within the meaning of this chapter; or

      (k) Professional connection or association with, or lending his name to, anyone who is engaged in the illegal practice of dentistry; professional connection or association with any person, firm or corporation holding himself, themselves, or itself out in any manner contrary to this chapter; or

      (l) Use of the name “clinic,” “institute,” or other title or designation that may suggest a public or semipublic activity; or

      (m) Failure to pay license fees; or

      (n) Chronic or persistent inebriety, or addiction to [drugs,] a controlled substance as defined in chapter 453 of NRS, to such an extent as to render him unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession; or


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ê1971 Statutes of Nevada, Page 2034 (Chapter 667, AB 107)ê

 

      (o) Willful negligence in the practice of dentistry or dental hygiene; or

      (p) Practice by a dental hygienist in any place not authorized by this chapter; or

      (q) Practicing while his license is suspended or without a renewal certificate; or

      (r) Practicing under a false or assumed name.

      2.  The enumeration of the acts in subsection 1 shall not be construed as a complete definition of dishonorable or unprofessional conduct, or as authorizing or permitting the performance of other and similar acts, or as limiting or restricting the board from holding that other or similar acts constitute unprofessional or dishonorable conduct.

      Sec. 109.  NRS 632.220 is hereby amended to read as follows:

      632.220  The board shall have power to deny, revoke or suspend any license to practice nursing as a professional nurse applied for or issued under this chapter or otherwise to discipline a licensee upon proof that he:

      1.  Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a professional nurse.

      2.  Is guilty of a felony or any offense involving moral turpitude, in which case the record of conviction shall be conclusive evidence thereof.

      3.  Is unfit or incompetent by reason of gross negligence in carrying out usual nursing functions.

      4.  Is habitually intemperate or is addicted to the use of [habit-forming drugs.] any controlled substance as defined in chapter 453 of NRS.

      5.  Is mentally incompetent.

      6.  Is guilty of unprofessional conduct, which includes but is not limited to the following:

      (a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction shall be conclusive evidence thereof.

      (b) Procuring, or aiding, abetting, attempting, agreeing, or offering to procure or assist at, a criminal abortion.

      (c) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.

      (d) Impersonating another licensed practitioner.

      (e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.

      7.  Has willfully or repeatedly violated the provisions of this chapter.

      Sec. 110.  NRS 632.320 is hereby amended to read as follows:

      632.320  The board shall have power to deny, revoke or suspend any license to practice nursing as a practical nurse applied for or issued under this chapter, or otherwise to discipline a licensee upon proof that he:

      1.  Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a practical nurse.

      2.  Is guilty of a felony or any offense involving moral turpitude, in which case the record of conviction shall be conclusive evidence thereof.

      3.  Is unfit or incompetent by reason of gross negligence in carrying out usual nursing functions.


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ê1971 Statutes of Nevada, Page 2035 (Chapter 667, AB 107)ê

 

      4.  Is habitually intemperate or is addicted to the use of [habit-forming drugs.] any controlled substance as defined in chapter 453 of NRS.

      5.  Is mentally incompetent.

      6.  Is guilty of unprofessional conduct, which includes but is not limited to the following:

      (a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction shall be conclusive evidence thereof.

      (b) Procuring, or aiding, abetting, attempting, agreeing, or offering to procure or assist at, a criminal abortion.

      (c) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.

      (d) Impersonating another licensed practitioner.

      (e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.

      7.  Has willfully or repeatedly violated the provisions of this chapter.

      Sec. 111.  NRS 633.120 is hereby amended to read as follows:

      633.120  The board may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:

      1.  Conviction of a felony, conviction of any offense involving moral turpitude, or conviction of a violation of any state or federal law regulating the possession, distribution or use of any [narcotic drug,] controlled substance as defined in chapter 453 of NRS, as shown by a certified copy of the record of the court.

      2.  The obtaining of or any attempt to obtain a license, or practice in the profession for money or any other thing of value, by fraudulent misrepresentations.

      3.  Gross malpractice.

      4.  Advertising by means of knowingly false or deceptive statements.

      5.  Advertising, practicing or attempting to practice under a name other than one’s own.

      6.  Habitual drunkenness or habitual addiction to the use of [morphine, cocaine or other habit-forming drugs.] a controlled substance as defined in chapter 453 of NRS.

      7.  Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter.

      8.  Performing an unlawful abortion or assisting or advising the performance of an unlawful abortion.

      9.  Sustaining a physical or mental disability which renders further practice dangerous.

      10.  Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice osteopathy.

      11.  Using any false or fraudulent statement in connection with the practice of osteopathy.

      12.  Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter.


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ê1971 Statutes of Nevada, Page 2036 (Chapter 667, AB 107)ê

 

      13.  Adjudication of incompetency or insanity.

      14.  Advertising in an unethical or unprofessional manner.

      15.  Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment.

      16.  Willful violation of a privileged communication.

      17.  Failure of a licensee to designate his school of practice in the professional use of his name by the term physician, surgeon, D.O., osteopathic physician and surgeon, osteopathic physician or doctor of osteopathy, or by a similar term.

      18.  Willful violation of the law or of the rules and regulations of the state board of health.

      19.  Administering, dispensing or prescribing any [narcotic drug, including opium, coca leaves, cannabis or any preparation or derivation of them, or any other habit-forming drug,] controlled substance as defined in chapter 453 of NRS, except for the prevention, alleviation or cure of disease or for relief from suffering.

      Sec. 112.  NRS 634.010 is hereby amended to read as follows:

      634.010  As used in this chapter:

      1.  “Board” means the Nevada state board of chiropractic examiners.

      2.  “Chiropractic” is defined to be the science, art and practice of palpating and adjusting the articulations of the human body by hand, the use of physiotherapy, hygenic, nutritive and sanitary measures and all methods of diagnosis.

      3.  “Unprofessional conduct” means:

      (a) Obtaining a certificate upon fraudulent credentials or gross misrepresentation.

      (b) Procuring, or aiding or abetting in procuring, criminal abortion.

      (c) Obtaining a fee on assurance that a manifestly incurable disease can be permanently cured.

      (d) Advertising chiropractic business in which grossly improbable statements are made, advertising in any manner that will tend to deceive, defraud or mislead the public or preparing, causing to be prepared, using or participating in the use of any form of public communication that contains professionally self-laudatory statements calculated to attract lay patients. As used in this paragraph, public communication includes, but is not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter. Nothing contained in this paragraph shall be construed to prohibit the direct mailing of informational documents to former or current patients.

      (e) Willful disobedience of the law, or of the rules and regulations of the state board of health, or of the rules and regulations of the Nevada state board of chiropractic examiners.

      (f) Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction shall be conclusive evidence of unprofessional conduct.

      (g) Administering, dispensing or prescribing any [drug.] controlled substance as defined in chapter 453 of NRS.

      (h) Conviction or violation of any federal or state law regulating the possession, distribution or use of any [narcotic drug.]


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ê1971 Statutes of Nevada, Page 2037 (Chapter 667, AB 107)ê

 

possession, distribution or use of any [narcotic drug.] controlled substance as defined in chapter 453 of NRS. The record of conviction shall be conclusive evidence of unprofessional conduct.

      (i) Habitual intemperance or excessive use of [cocaine, morphine, codeine, opium, heroin, alpha eucaine, beta eucaine, novocaine or chloral hydrate, or any of the salts, derivatives or compounds of the foregoing substances, or of] alcohol or alcoholic beverages [, or of any other habit-forming drug or substance.] or any controlled substance as defined in chapter 453 of NRS.

      (j) Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.

      (k) Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter.

      (l) Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.

      4.  Unless the context otherwise requires, the masculine gender shall include the feminine gender, and the singular number shall include the plural number.

      Sec. 113.  NRS 634.140 is hereby amended to read as follows:

      634.140  1.  Upon complaint of the board, after 20 days’ notice of time and place of hearing has been given to any licensee, his license shall be revoked if it is found:

      (a) That he practices anything other than chiropractic to cure or relieve disease or to remove the cause thereof without having a separate license therefor; or

      (b) That he no longer possesses good moral character; or

      (c) That he is addicted to the use of narcotic drugs [; or] as defined in chapter 453 of NRS; or

      (d) That he is guilty in any way of deception or fraud in the practice of chiropractic.

      2.  If the accused is aggrieved by the action of the board, he may appeal to the district court on the merits.

      Sec. 114.  NRS 635.130 is hereby amended to read as follows:

      635.130  The board may revoke any certificate it has issued, and cause the name of the holder to be stricken from the registration book by the county clerk in the county in which the name of the person whose certificate is revoked is registered for any of the following causes:

      1.  The willful betrayal of a professional secret.

      2.  The making of a false statement in any affidavit required of the applicant for application, examination and registration under this chapter.

      3.  Lending the use of one’s name to an unregistered podiatrist.

      4.  Habitual indulgence in the use of [narcotics, ardent spirits, stimulants or any other substance] any controlled substance as defined in chapter 453 of NRS which impairs the intellect and judgment to such an extent as in the opinion of the board will incapacitate the person in the performance of his professional duties.


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ê1971 Statutes of Nevada, Page 2038 (Chapter 667, AB 107)ê

 

      5.  Conviction of a crime involving moral turpitude.

      6.  Conduct which in the opinion of the board disqualifies him to practice with safety to the public.

      Sec. 115.  NRS 636.295 is hereby amended to read as follows:

      636.295  The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, shall constitute sufficient cause for revoking or suspending his license:

      1.  Affliction of the licensee with any communicable disease likely to be communicated to other persons.

      2.  Commission by the licensee of a felony or a gross misdemeanor involving moral turpitude of which he has been convicted and from which he has been sentenced by a final judgment of a federal or state court in this or any other state, such judgment not having been reversed or vacated by a competent appellate court and such offense not having been pardoned by executive authority.

      3.  Commission of fraud by or on behalf of the licensee in obtaining his license or a renewal thereof, or in practicing optometry thereunder.

      4.  Habitual drunkenness or [drug] addiction to any controlled substance as defined in chapter 453 of NRS on the part of the licensee.

      5.  Gross incompetency on the part of the licensee.

      6.  Affliction of the licensee with any mental or physical disorder or disturbance seriously impairing his competency as an optometrist.

      7.  Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.

      8.  Practice by the licensee, or attempting or offering so to do, while he is in an intoxicated condition.

      9.  Perpetration by the licensee of unethical or unprofessional conduct in the practice of optometry, within the provisions of NRS 636.300.

      10.  Willfully and repeatedly violating provisions of this chapter or rules or regulations adopted and promulgated by the board.

      Sec. 116.  NRS 637.150 is hereby amended to read as follows:

      637.150  The board may refuse to grant a license to practice as an ophthalmic dispenser or may suspend or revoke a license to practice as an ophthalmic dispenser upon proof to the satisfaction of the board that the applicant or holder of a license:

      1.  Has been adjudicated insane; or

      2.  Habitually uses [drugs] any controlled substance as defined in chapter 453 of NRS or intoxicants; or

      3.  Has been convicted of crime involving moral turpitude; or

      4.  Has advertised fraudulently; or

      5.  Shall have presented to the board any diploma, license or certificate that shall have been signed or issued unlawfully or under fraudulent representations, or obtains or shall have obtained a license to practice in the state through fraud of any kind; or

      6.  Has been convicted of a violation of any federal or state law relating to [narcotic drugs;] a controlled substance as defined in chapter 453 of NRS; or

      7.  Solicits in person or through an agent for the purpose of selling ophthalmic materials, or employs what are known as “chasers,” “steerers” or “solicitors” to obtain business; or


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ê1971 Statutes of Nevada, Page 2039 (Chapter 667, AB 107)ê

 

      8.  Has violated any rules or regulations of the board; or

      9.  Has violated any provision of this chapter; or

      10.  Is incompetent.

Nothing contained in subsection 7 shall prohibit an ophthalmic dispenser from engaging in lawful pursuits or professional relations with an ophthalmologist or an optometrist.

      Sec. 117.  NRS 638.140 is hereby amended to read as follows:

      638.140  After full and fair investigation of the charges preferred against the accused, any license issued by the board may be revoked by it upon satisfactory proof that the holder of the license:

      1.  Is guilty of unprofessional conduct; or

      2.  Is guilty of gross immorality; or

      3.  Is guilty of habitual drunkenness; or

      4.  Is addicted to the use of [habit-forming drugs;] a controlled substance as defined in chapter 453 of NRS; or

      5.  Is convicted of a felony; or

      6.  Is guilty of incompetence, gross negligence, or other malpractice pertaining to veterinary medicine.

      Sec. 118.  NRS 639.006 is hereby amended to read as follows:

      639.006  “Conviction” means a plea or verdict of guilty or a conviction following a plea of nolo contendere to a charge of a felony, any offense involving moral turpitude or any violation of the provisions of this chapter or chapter 453 or 454 of NRS.

      Sec. 119.  NRS 639.007 is hereby amended to read as follows:

      639.007  “Drug” and “medicine” mean:

      1.  Articles recognized in the official United States Pharmacopoeia, the official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and

      2.  Articles and devices intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and

      3.  Articles (other than food, aspirin and effervescent saline analgesics) intended to affect the structure of any function of the body of man or other animals; and

      4.  Articles intended for use as a component of any article specified in subsection 1, 2 or 3 of this section.

      5.  Any controlled substance as defined in chapter 453 of NRS.

      Sec. 120.  NRS 639.070 is hereby amended to read as follows:

      639.070  The board shall have power:

      1.  To make such bylaws and regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.

      2.  To regulate the practice of pharmacy.

      3.  To regulate the sales of poisons, drugs, [narcotics,] chemicals and medicines.

      4.  To regulate the means of storage and security of drugs, poisons, [narcotics,] medicines, chemicals and devices.

      5.  To examine and register as pharmacists applicants whom it shall deem qualified to be such.

      6.  To charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.


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ê1971 Statutes of Nevada, Page 2040 (Chapter 667, AB 107)ê

 

      7.  To maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.

      8.  To deposit its funds in banks or savings and loan associations in the State of Nevada.

      Sec. 121.  NRS 639.100 is hereby amended to read as follows:

      639.100  1.  Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, compound, sell, dispense or permit to be manufactured, compounded, sold or dispensed any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a medical, dental, podiatry or veterinarian practitioner, unless he is registered pharmacist under the provisions of this chapter.

      2.  Sales representatives or manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists under the provisions of this chapter, but no person shall act as a manufacturer or wholesaler unless he has obtained a permit from the board.

      3.  Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers [dangerous drugs, as defined in NRS 454.220,] controlled substances as defined in chapter 453 of NRS, which are intended, designed and labeled “For Veterinary Use Only” is subject to the provisions of this chapter, and such person shall not furnish, sell or offer to sell such [dangerous drugs] substances until he has obtained a permit from the board.

      4.  Each application for such permit shall be made on a form furnished by the board and no application shall be considered by the board until all the information required thereon has been completed. Upon approval thereof by the board and the payment of the required fee, the board shall issue a permit to such applicant. Each permit shall be issued to a specific person for a specific location, and shall be renewed annually before July 1 of each year.

      Sec. 122.  NRS 639.210 is hereby amended to read as follows:

      639.210  The board shall have the power to proceed administratively to suspend or revoke:

      1.  Any certificate or current renewal thereof, or any permit or current renewal thereof, to vend, sell, offer to sell, or furnish any hypodermic device issued to any person or to deny the application of any person who has applied for a certificate or permit who:

      (a) Is not of good moral character; or

      (b) Is guilty of habitual intemperance; or

      (c) Becomes or is so intoxicated or under the influence of liquor [, narcotics or drugs,] or a controlled substance as defined in chapter 453 of NRS, while on duty in any establishment licensed by the board, that he is unable properly to perform his duties; or

      (d) Is guilty of unprofessional conduct or conduct contrary to the public interest; or

      (e) Is addicted to the use of [narcotic drugs or other habit forming drugs;] any controlled substance as defined in chapter 453 of NRS; or

      (f) Has been convicted of a violation of [the Harrison Narcotic Act or a violation of the narcotic laws of] any law related to controlled substances as defined in chapter 453 of NRS, of the Federal Government or of this or any other state; or

 


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ê1971 Statutes of Nevada, Page 2041 (Chapter 667, AB 107)ê

 

substances as defined in chapter 453 of NRS, of the Federal Government or of this or any other state; or

      (g) Has been convicted of a felony or other crime involving moral turpitude, dishonesty or corruption; or

      (h) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter; or

      (i) Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent; or

      (j) Has violated any provision of the Federal Food, Drug, and Cosmetic Act or any other federal law or regulation relating to prescription drugs.

      (k) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter or any law or regulation relating to the practice of pharmacy, or has permitted, allowed, condoned or failed to report a violation of any of the provisions of this section committed by a registered pharmacist in his employ; or

      (l) Has failed to renew his certificate, license or permit by failing to pay the annual renewal fee therefor.

      2.  Any permit or current renewal thereof for the issuance of a manufacturer’s or wholesaler’s permit, or for the issuance of a current renewal of a permit to supply or operate vending machines or devices for distribution of any prophylactic issued to any person, or to deny the application of any person who has applied for a permit who:

      (a) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter; or

      (b) Has obtained any permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent; or

      (c) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter applicable to such permit; or

      (d) Has failed to renew his permit by failing to pay the annual renewal fee therefor.

      Sec. 123.  NRS 639.2121 is hereby amended to read as follows:

      639.2121  The conviction of any certificate holder of a felony for a violation of any federal law or law of any state concerning drugs [, narcotics] or chemicals shall operate as an immediate suspension of the certificate of such certificate holder. The person so convicted may apply to the board for reinstatement at any time.

      Sec. 124.  NRS 639.233 is hereby amended to read as follows:

      639.233  1.  Any person who engages in the business of furnishing [narcotics, dangerous drugs,] poisons, hypodermic devices or [other restricted] drugs, devices or appliances to any person located within this state shall obtain a license pursuant to the provisions of this chapter.

      2.  The provisions of subsection 1 do not apply to a wholesaler or manufacturer whose principal place of business is located in another state and who ships [narcotics, dangerous] drugs, poisons, hypodermic devices or other restricted devices or appliances to a wholesaler or manufacturer located within this state and licensed by the board.


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ê1971 Statutes of Nevada, Page 2042 (Chapter 667, AB 107)ê

 

state and who ships [narcotics, dangerous] drugs, poisons, hypodermic devices or other restricted devices or appliances to a wholesaler or manufacturer located within this state and licensed by the board.

      3.  For the purpose of this section, a person is “engaged in the business of furnishing” if he:

      (a) Solicits orders from within this state by means of direct mail or other advertising devices;

      (b) Accepts orders for drugs or devices whose sale in this state is restricted by this chapter or chapters 453 and 454 of NRS; or

      (c) Ships such drugs or devices to any person located within this state.

      Sec. 125.  NRS 639.234 is hereby amended to read as follows:

      639.234  1.  If a person licensed pursuant to NRS 639.233 does not maintain records within this state of his shipments of [narcotics, dangerous drugs,] poisons, hypodermic devices or [other restricted] drugs to persons in this state:

      (a) Such licensee shall on receipt of a written demand from the secretary of the board furnish a true copy of such records to the board.

      (b) The acceptance of a license constitutes a consent by the licensee to the inspection of his records outside this state by any authorized representative of the board.

      2.  The board may authorize as its representative any member or representative of the board of pharmacy or similar agency of the state in which the records are located.

      3.  Failure to furnish a true copy of the required records or refusal to permit their inspection is ground for the revocation or suspension of any license issued pursuant to NRS 639.233.

      Sec. 126.  NRS 639.235 is hereby amended to read as follows:

      639.235  1.  No person other than a physician, dentist, podiatrist or veterinarian holding a currently valid and unrevoked license to practice his profession in this state may prescribe or write a prescription, except that a prescription written by a physician not licensed to practice in this state but authorized by the laws of another state to prescribe shall be considered to be a legal prescription if ordering a drug which is considered necessary for the continuation of treatment of a chronic illness.

      2.  If a prescription, written by a physician not licensed to practice in this state, calls for a narcotic drug, as defined in chapter 453 of NRS, it shall be the responsibility of the registered pharmacist who is to fill the prescription to establish that the prescription is authentic and that a bona fide doctor-patient relationship did exist at the time the prescription was written.

      Sec. 127.  NRS 639.236 is hereby amended to read as follows:

      639.236  1.  All prescriptions filled in any pharmacy shall be serially numbered and filed by consecutive numbers for easy reference. Narcotic [prescriptions] drug prescriptions referred to in NRS 639.235 shall be filed separately from other prescriptions. All prescriptions shall be retained on file for at least 5 years.

      2.  Each prescription on file shall bear the date on which it was originally filled, the name or initials of the registered pharmacist who filled it and contain all of the information required by NRS 639.013.


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ê1971 Statutes of Nevada, Page 2043 (Chapter 667, AB 107)ê

 

      3.  Prescription files shall be open to inspection by members, inspectors and investigators of the board and by inspectors of the Food and Drug Administration and agents of the narcotic and dangerous drug division in the office of the commission on crimes, delinquency and corrections acting in their official capacity.

      Sec. 128.  (Deleted by amendment.)

      Sec. 129.  NRS 639.238 is hereby amended to read as follows:

      639.238  1.  Prescriptions filled and on file in a pharmacy are not a public record. No pharmacist shall divulge the contents of any prescription or provide a copy of any prescription, except to:

      (a) The patient for whom the original prescription was issued; or

      (b) The doctor who originally issued the prescription; or

      (c) A doctor who is then treating the patient; or

      (d) A member, inspector or investigator of the board or an inspector of the Food and Drug Administration; or

      (e) An agency of state government charged with the responsibility of providing medical care for the patient; or

      (f) An insurance carrier, on receipt of written authorization signed by the patient or his legal guardian, authorizing the release of such information; or

      (g) Any person duly authorized by a district court order.

      2.  Any copy of a prescription for a [dangerous drug, as defined in NRS 454.220,] controlled substance as defined in chapter 453 of NRS, issued to a person authorized by this section to receive such copy, shall contain all of the information appearing on the original prescription and shall be clearly marked on its face, “Copy, Not Refillable-For Reference Purposes Only”; and such copy shall bear the name or initials of the registered pharmacist who prepared the copy.

      3.  If a copy of a prescription for any [dangerous drug, as defined in NRS 454.220,] controlled substance as defined in chapter 453 of NRS is furnished to the customer, the original prescription shall be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.

      Sec. 130.  NRS 639.239 is hereby amended to read as follows:

      639.239  Members, inspectors and investigators of the board, [and] inspectors of the Food and Drug Administration and agents of the narcotic and dangerous drug division in the office of the commission on crimes, delinquency and corrections are authorized to remove an original prescription from a prescription file, if the prescription in question is considered necessary as evidence in a criminal action or an administrative proceeding, or contemplated proceeding, and if a true copy containing all of the information appearing on the prescription is substituted therefor. Both the copy and the original prescription shall be dated and initialed by the member, inspector, [or] investigator and agent and by the registered pharmacist in charge, indicating that all of the information appearing on the original prescription, on that date, also appears on the copy thereof.

      Sec. 131.  NRS 639.283 is hereby amended to read as follows:

      639.283  Any person who, while on duty in a pharmacy licensed by the board, sells, dispenses or compounds any prescription, or sells any drug or poison while so under the influence of intoxicating liquor [, narcotics or any dangerous] or any drug that he is unable properly to perform his duties is guilty of a misdemeanor.


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ê1971 Statutes of Nevada, Page 2044 (Chapter 667, AB 107)ê

 

drug or poison while so under the influence of intoxicating liquor [, narcotics or any dangerous] or any drug that he is unable properly to perform his duties is guilty of a misdemeanor.

      Sec. 132.  NRS 640.160 is hereby amended to read as follows:

      640.160  The board, after due notice and hearing, may refuse to register any applicant, and may refuse to renew the registration of any registered person, and may suspend or revoke the registration of any registered person:

      1.  Who is habitually drunk or who is addicted to the use of [narcotic drugs.] a controlled substance as defined in chapter 453 of NRS.

      2.  Who has been convicted of violating any state or federal [narcotic law.] law relating to controlled substances as defined in chapter 453 of NRS.

      3.  Who is, in the judgment of the board, guilty of immoral or unprofessional conduct.

      4.  Who has been convicted of any crime involving moral turpitude.

      5.  Who is guilty, in the judgment of the board, of gross negligence in his practice as a physical therapist.

      6.  Who has obtained or attempted to obtain registration by fraud or material misrepresentation.

      7.  Who has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.

      8.  Who has treated or undertaken to treat ailments of human beings otherwise than by physical therapy and as authorized in this chapter, or who has undertaken to practice independently of the prescription, direction or supervision of a person licensed to practice medicine and surgery without limitation, unless such person is licensed in the State of Nevada to practice such treatment otherwise than by virtue of this chapter and by virtue of chapter 629 of NRS.

      Sec. 133.  NRS 643.160 is hereby amended to read as follows:

      643.160  The board may either refuse to issue or renew, or may suspend or revoke, any certificate of registration for any of the following causes:

      1.  Conviction of a felony.

      2.  Malpractice or incompetency.

      3.  Continued practice by a person knowingly having an infectious or contagious or communicable disease.

      4.  Advertising, practicing or attempting to practice under another’s name or another’s trade name.

      5.  Habitual drunkenness or habitual addiction to the use of [morphine, cocaine or other habit-forming drugs.] a controlled substance as defined in chapter 453 of NRS.

      6.  Violation of any of the provisions of NRS 643.200 or any of the sanitary regulations of this chapter or those promulgated by the board.

      Sec. 134.  NRS 644.430 is hereby amended to read as follows:

      644.430  The board shall not issue, or having issued shall not renew, or may revoke or suspend at any time, any license as required by the provisions of NRS 644.190 in any one of the following cases:

      1.  Failure of a person, firm or corporation operating a cosmetological establishment to comply with the requirements of this chapter.

      2.  Failure to comply with the rules adopted by the board and approved by the state board of health for the regulation of cosmetological establishments, schools of cosmetology or the practice of the occupations of a hairdresser and cosmetician.


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ê1971 Statutes of Nevada, Page 2045 (Chapter 667, AB 107)ê

 

approved by the state board of health for the regulation of cosmetological establishments, schools of cosmetology or the practice of the occupations of a hairdresser and cosmetician.

      3.  Obtaining practice in cosmetology or any branch thereof, or money or any thing of value, by fraudulent misrepresentation.

      4.  Gross malpractice.

      5.  Continued practice by a person knowingly having an infectious or contagious disease.

      6.  Habitual drunkenness or habitual addiction to the use of [morphine or any habit-forming drug.] a controlled substance as defined by chapter 453 of NRS.

      7.  Advertisement by means of knowingly false or deceptive statements.

      8.  Permitting a certificate of registration or license to be used where the holder thereof is not personally, actively and continuously engaged in business.

      9.  Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.

      10.  Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.

      11.  For any other unfair or unjust practice, method or dealing which, in the judgment of the board, may justify such action.

      Sec. 135.  NRS 646.060 is hereby amended to read as follows:

      646.060  Every pawnbroker, and every clerk, agent or employee of a pawnbroker, shall be guilty of a misdemeanor, who shall:

      1.  Fail to make an entry of any material matter in his book or record kept as provided for in NRS 646.020.

      2.  Make any false entry in his book or record kept as provided for in NRS 646.020.

      3.  Falsify, obliterate, destroy or remove from his place of business the book or record kept as provided for in NRS 646.020.

      4.  Refuse to allow the district attorney or any peace officer to inspect the book or record kept as provided for in NRS 646.020, or any goods in his possession, during the ordinary hours of business.

      5.  Report any material matter falsely to the sheriff or to the chief of police.

      6.  Fail to report forthwith to the sheriff or to the chief of police the possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when, and the name of the person from whom the same was received by him.

      7.  Remove, or allow to be removed from his place of business, except upon redemption by the owner thereof, any property received, within 4 days after the receipt thereof shall have been reported to the sheriff or to the chief of police.

      8.  Receive any property from any person under the age of 21 years, any common drunkard, any habitual user of narcotic drugs, as defined in chapter 453 of NRS, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, or any known associate of such thief or receiver of stolen property, whether such person be acting in his own behalf or as the agent of another.


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ê1971 Statutes of Nevada, Page 2046 (Chapter 667, AB 107)ê

 

      9.  Violate any of the provisions of NRS 646.050.

      Sec. 136.  NRS 647.140 is hereby amended to read as follows:

      647.140  Every secondhand dealer and every clerk, agent or employee of a secondhand dealer shall be guilty of a misdemeanor, who shall:

      1.  Fail to make an entry of any material matter in his book or record kept as provided for in NRS 647.110.

      2.  Make any false entry in his book or record kept as provided for in NRS 647.110.

      3.  Falsify, obliterate, destroy or remove from his place of business the book or record kept as provided for in NRS 647.110.

      4.  Refuse to allow the district attorney or any peace officer to inspect the book or record kept as provided for in NRS 647.110, or any goods in his possession, during the ordinary hours of business.

      5.  Report any material matter falsely to the sheriff or to the chief of police.

      6.  Fail to report forthwith to the sheriff or to the chief of police the possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when, and the name of the person from whom, the same was received by him.

      7.  Remove, or allow to be removed, from his place of business any property received, within 4 days after the receipt thereof shall have been reported to the sheriff or to the chief of police.

      8.  Receive any property from any person under the age of 21 years, any common drunkard, any habitual user of narcotic drugs, as defined in chapter 453 of NRS, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, or any known associate of such thief or receiver of stolen property, whether such person be acting in his own behalf or as the agent of another.

      Sec. 137.  NRS 692.390 is hereby amended to read as follows:

      692.390  A policy may contain a provision as follows: “Intoxicants and narcotics: The insurer shall not be liable for any loss sustained or contracted in consequence of the insured’s being intoxicated or under the influence of any narcotic drug as defined in chapter 453 of NRS, unless administered on the advice of a physician.”

      Sec. 138.  Chapter 216 of NRS is hereby amended by adding thereto the provisions set forth as sections 139 to 151, inclusive, of this act.

      Sec. 139.  As used in this chapter, “administrator” means the chief of the narcotics and dangerous drug division in the office of the commission on crimes, delinquency and corrections.

      Sec. 140.  There is hereby created under the administration of the commission on crimes, delinquency and corrections a narcotic and dangerous drug division.

      Sec. 141.  The administrator of the division shall be appointed by the commission.

      Sec. 142.  1.  The administrator shall have:

      (a) At least 10 years’ experience as a peace officer, at least four of which shall have been in a supervisory capacity.

      (b) A background of experience in drug violation investigative procedures and a thorough knowledge of the nature and complications of drug abuse.


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ê1971 Statutes of Nevada, Page 2047 (Chapter 667, AB 107)ê

 

      2.  The administrator shall:

      (a) Receive an annual salary in the amount specified in NRS 281.115.

      (b) Be allowed the per diem expense allowances and travel expenses fixed by law.

      Sec. 143.  1.  The administrator with the consent of the commission shall employ such agents and technical and clerical staff as may be necessary to the operation of the narcotic and dangerous drug division in accordance with the provisions of chapter 284 of NRS.

      2.  For the purposes of the enforcement of chapter 453 of NRS, the administrator and agents are invested with the powers of a peace officer of the State of Nevada.

      Sec. 144.  The narcotic and dangerous drug division shall:

      1.  Enforce the provisions of chapter 453 of NRS.

      2.  Promote and operate programs to disseminate information to the people of this state concerning the dangers of controlled substances use.

      3.  Provide laboratory facilities for the assistance of law enforcement agencies in investigating and prosecuting violations of laws relating to the use, possession or sale of controlled substances.

      4.  Provide personnel upon the request of a local law enforcement agency to assist in the investigation of alleged violations of laws relating to the use, possession or sale of controlled substances.

      5.  Provide a system for recording all information received by it relating to persons who have allegedly violated any criminal law of this state when in the investigation of such violation it appeared that there was some connection with controlled substances.

      6.  Furnish, upon application from a law enforcement agency, all information pertaining to any person of which there is a record.

      Sec. 145.  Every sheriff and chief of police shall furnish to the narcotic and dangerous drug division, on forms prepared by the division, all information obtained in the investigation or prosecution of any person who has allegedly violated any criminal law of this state when in the investigation of such violation it appeared there was some connection with controlled substances.

      Sec. 146.  The narcotic and dangerous drug division may accept any gifts or bequests of personal property, tangible or intangible.

      Sec. 147.  The narcotic and dangerous drug division may accept:

      1.  Funds appropriated and made available by any Act of Congress for any program administered by the division as provided by law.

      2.  Funds and contributions made available by a county, a city, a public district or any political subdivision of this state for any program administered by the division as provided by law.

      3.  Funds, contributions, gifts, grants and devises made available by a public or private corporation, by a group of individuals, or by individuals, for any program administered by the division as provided by law.

      Sec. 148.  The administrator may fix reasonable fees for the sale of miscellaneous printed materials pertaining to controlled substances which are purchased or prepared by the narcotic and dangerous drug division.

      Sec. 149.  1.  The narcotic and dangerous drug receipts fund is hereby created in the state treasury for the use of the narcotic and dangerous drug division.

      2.  All fees and moneys received by the narcotic and dangerous drug division under the provisions of sections 146 to 148, inclusive, of this act shall be deposited in such fund.


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ê1971 Statutes of Nevada, Page 2048 (Chapter 667, AB 107)ê

 

division under the provisions of sections 146 to 148, inclusive, of this act shall be deposited in such fund.

      3.  Expenditures from the fund shall be made only for the purposes authorized in sections 139 to 151, inclusive, of this act.

      4.  All moneys in the fund shall be paid out on claims approved by the administrator as other claims against the state are paid.

      Sec. 150.  1.  There is hereby created the narcotic and dangerous drug investigative fund in the state treasury.

      2.  The administrator may, from time to time, withdraw from such fund such sums as he determines necessary to assist local law enforcement agencies or the narcotic and dangerous drug division in the purchase of narcotic or dangerous drugs for evidence and in the employment of persons other than peace officers to obtain evidence. The administrator may keep such sums in a bank account or in cash.

      3.  Upon the written request of the administrator for the withdrawal of any such sum, the state controller is directed to draw his warrant in favor of the administrator in an amount not to exceed the legislative appropriation or any limitations set on such appropriation by the legislature.

      Sec. 151.  Moneys to carry out the provisions of sections 139 to 150, inclusive, of this act shall be provided by direct legislative appropriation from the general fund, and except as provided in section 150 of this act shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the administrator before they are paid.

      Sec. 152.  The laws specified below are repealed except with respect to rights and duties which matured, penalties which were incurred and proceedings which were begun before the effective date of this act: NRS 202.247, 213.161, 213.162, 213.163, 213.164, 213.165, 213.1651, 213.1652, 213.1653, 213.1654, 213.1655, 213.1656, 213.1657, 213.1658, 453.010, 453.020, 453.030, 453.040, 453.050, 453.060, 453.070, 453.075, 453.080, 453.090, 453.100, 453.110, 453.120, 453.130, 453.140, 453.143, 453.145, 453.150, 453.160, 453.170, 453.180, 453.183, 453.185, 453.187, 453.188, 453.189, 453.190, 453.200, 453.210, 453.220, 453.230, 453.240, 453.330, 453.335, 454.004, 454.008, 454.0091, 454.0096, 454.180, 454.190, 454.220, 454.230, 454.310, 454.320, 454.325, 454.330, 454.331, 454.332, 454.333, 454.334, 454.335, 454.336, 454.337, 454.338, 454.339, 454.340, 454.345, 454.350, 454.370, 454.375, 454.380, 454.390, 454.395, 454.396, 454.397, 454.398, 454.399, 454.400, 454.410, 454.420, 454.430, 454.440, 454.450, 454.460, 454.465 and 454.532.

      Sec. 153.  Any act or part of an act passed by the 56th session of the legislature of the State of Nevada which relates to a controlled substance or a narcotic, dangerous or hallucinogenic drug and which is appropriately a part of chapter 453 of NRS as amended by the 56th session of the legislature of the State of Nevada shall be placed by the legislative counsel in chapter 453 of NRS, as amended, in its proper position and with the proper terminology.

      Sec. 154.  This act shall become effective on January 1, 1972.

 

________


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ê1971 Statutes of Nevada, Page 2049ê

 

CHAPTER 668, AB 841

Assembly Bill No. 841–Mr. Jacobsen

CHAPTER 668

AN ACT resolving a conflict between A. B. 107 and A. B. 772 of the 56th session of the legislature.

 

[Approved May 6, 1971]

 

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

do enact as follows:

 

      Section 1.  Section 114 of an act entitled “An Act relating to narcotic, dangerous and hallucinogenic drugs; providing that all such drugs be denominated controlled substances; establishing categories of such substances; authorizing and requiring the board of pharmacy and the investigation and narcotics division of the department of law enforcement assistance to perform certain administrative and enforcement acts; providing for the revocation and denial of certain licenses to conduct a business, occupation or profession; providing penalties; and providing other matters properly relating thereto,” being Assembly Bill No. 107 of the 56th session of the Nevada legislature, is hereby amended to read as follows:

      Section 114.  NRS 635.130 is hereby amended to read as follows:

      635.130  The board may revoke any certificate it has issued, and cause the name of the holder to be stricken from the registration book by the county clerk in the county in which the name of the person whose certificate is revoked is registered for any of the following causes:

      1.  The willful betrayal of a professional secret.

      2.  The making of a false statement in any affidavit required of the applicant for application, examination and registration under this chapter.

      3.  Lending the use of one’s name to an unregistered person.

      4.  Habitual indulgence in the use of [narcotics, ardent spirits, stimulants or any other substance] any controlled substance as defined in chapter 453 of NRS which impairs the intellect and judgment to such an extent as in the opinion of the board will incapacitate the person in the performance of his professional duties.

      5.  Conviction of a crime involving moral turpitude.

      6.  Conduct which in the opinion of the board disqualifies him to practice with safety to the public.

      Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________


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ê1971 Statutes of Nevada, Page 2050ê

 

CHAPTER 669, SB 659

Senate Bill No. 659–Committee on Federal, State and Local Governments

CHAPTER 669

AN ACT relating to cities of Nevada incorporated under special charters enacted by the 56th session of the legislature; amending the charters of the cities of Caliente, Carlin, Elko, Gabbs, Henderson, Las Vegas, North Las Vegas, Reno, Sparks, Wells and Yerington to reflect the codification of the laws of evidence and to correct technical errors; and providing other matters properly relating thereto.

 

[Approved May 6, 1971]

 

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

do enact as follows:

 

      Section 1.  Section 2.110 of chapter 31, Statutes of Nevada 1971, being the charter of the city of Caliente, is hereby amended to read as follows:

      Section 2.110  Codification of ordinances; publication of code.

      1.  The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the Nevada state library. [, and thereafter the 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 and 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 Caliente.”

      4.  The codification may be amended or extended by ordinance.

      Sec. 2.  Section 5.060 of chapter 31, Statutes of Nevada 1971, being the charter of the city of Caliente, is hereby amended to read as follows:

      Section 5.060  Ballots for ordinances and charter amendments.  An ordinance [for] 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 vote, either for or against the ordinance or amendment.

      Sec. 3.  Sections 1 and 2 of this act shall become effective at 12:01 a.m. on July 1, 1971.

      Sec. 4.  Section 2.120 of Assembly Bill No. 776 of the 56th session of the legislature, being the charter of the city of Carlin, is hereby amended to read as follows:

      Section 2.120  Codification of ordinances; publication of code.

      1.  The board of councilmen may 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.


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ê1971 Statutes of Nevada, Page 2051 (Chapter 669, SB 659)ê

 

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 code is published, two copies shall be filed with the librarian at the Nevada state library. [, and thereafter the 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 and 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 Carlin.”

      4.  The codification may be amended or extended by ordinance.

      Sec. 5.  Section 5.050 of Assembly Bill No. 776 of the 56th session of the legislature, being the charter of the city of Carlin, is hereby amended to read as follows:

      Section 5.050  Ballots for ordinances and charter amendments.  An ordinance [for] 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 vote, either for or against the ordinance or amendment.

      Sec. 6.  Sections 4 and 5 of this act shall become effective at 12:01 a.m. on July 1, 1971, if the city of Carlin is then existing and operating under the provisions of Assembly Bill No. 776 of the 56th session of the legislature.

      Sec. 7.  Section 2.120 of chapter 276, Statutes of Nevada 1971, being the charter of the city of Elko, is hereby amended to read as follows:

      Section 2.120  Codification of ordinances; publication of code.

      1.  The board of supervisors may 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 supervisors, have incorporated therein a copy of this charter and such additional data as the board of supervisors may prescribe. When such code is published, two copies shall be filed with the librarian at the Nevada state library. [, and thereafter the 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 and 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 Elko.”


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ê1971 Statutes of Nevada, Page 2052 (Chapter 669, SB 659)ê

 

      4.  The codification may be amended or extended by ordinance.

      Sec. 8.  Section 5.050 of chapter 276, Statutes of Nevada 1971, being the charter of the city of Elko, is hereby amended to read as follows:

      Section 5.050  Ballots for ordinances and charter amendments.  An ordinance [for] 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 vote, either for or against the ordinance or amendment.

      Sec. 9.  Sections 7 and 8 of this act shall become effective at 12:01 a.m. on July 1, 1973.

      Sec. 10.  Section 2.120 of chapter 265, Statutes of Nevada 1971, being the charter of the city of Gabbs, is hereby amended to read as follows:

      Section 2.120  Codification of ordinances; publication of code.

      1.  The board of councilmen may 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 code is published, two copies shall be filed with the librarian at the Nevada state library. [, and thereafter the 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 and 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 Gabbs.”

      4.  The codification may be amended or extended by ordinance.

      Sec. 11.  Section 5.050 of chapter 265, Statutes of Nevada 1971, being the charter of the city of Gabbs, is hereby amended to read as follows:

      Section 5.050  Ballots for ordinances and charter amendments.  An ordinance [for] 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 vote, either for or against the ordinance or amendment.

      Sec. 12.  Sections 10 and 11 of this act shall become effective at 12:01 a.m. on July 1, 1973.

      Sec. 13.  Section 5.060 of chapter 266, Statutes of Nevada 1971, being the charter of the city of Henderson, is hereby amended to read as follows:

 


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ê1971 Statutes of Nevada, Page 2053 (Chapter 669, SB 659)ê

 

being the charter of the city of Henderson, is hereby amended to read as follows:

      Section 5.060  Ballots for ordinances and charter amendments.  An ordinance [for] 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 vote, either for or against the ordinance or amendment.

      Sec. 14.  Section 13 of this act shall become effective at 12:01 a.m. on July 1, 1973.

      Sec. 15.  Section 2.120 of Senate Bill No. 566 of the 56th session of the legislature, being the charter of the city of Las Vegas, is hereby amended to read as follows:

      Section 2.120  Codification of ordinances; publication of code.

      1.  The board of commissioners may 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 commissioners, have incorporated therein a copy of this charter and such additional data as the board of commissioners may prescribe. When such a code is published, two copies shall be filed with the librarian at the Nevada state library. [, and thereafter the 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 and may include amendments and additions to existing ordinances and new matters unrelated thereto; and the only title necessary for the ordinance shall be, “An ordinance for codifying and compiling the general ordinances of the City of Las Vegas.”

      4.  The codification may be amended or extended by ordinance.

      Sec. 16.  Section 2.240 of Senate Bill No. 566 of the 56th session of the legislature, being the charter of the city of Las Vegas, is hereby amended to read as follows:

      Section 2.240  Powers of board of commissioners: Parking meters; off-street public parking facilities.

      1.  The board of commissioners 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 shall be fixed by the board of commissioners.

      2.  Except as otherwise provided by this charter, the board of commissioners 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 board of commissioners may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and [a majority of the ballots cast of each color therein, is in favor of the issuance of such bonds,] the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper.


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

ê1971 Statutes of Nevada, Page 2054 (Chapter 669, SB 659)ê

 

issuance of such bonds,] the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The board of commissioners may, in such bonds, pledge the on-street parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

      Sec. 17.  Section 5.060 of Senate Bill No. 566 of the 56th session of the legislature, being the charter of the city of Las Vegas, is hereby amended to read as follows:

      Section 5.060  Ballots for ordinances and charter amendments.  An ordinance [for] 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 vote, either for or against the ordinance or amendment.

      Sec. 18.  Sections 15, 16 and 17 of this act shall become effective at 12:01 a.m. on July 1, 1973.

      Sec. 19.  Section 2.110 of Senate Bill No. 579 of the 56th session of the legislature, being the charter of the city of North Las Vegas, is hereby amended to read as follows:

      Section 2.110  Codification of ordinances; publication of code.

      1.  The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the Nevada state library. [, and thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.] Two copies shall also be filed with the city clerk and with the librarian of the North Las Vegas municipal library.

      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 and 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 North Las Vegas.”

      4.  The codification may be amended or extended by ordinance.

      Sec. 20.  Section 5.060 of Senate Bill No. 579 of the 56th session of the legislature, being the charter of the city of North Las Vegas, is hereby amended to read as follows:

      Section 5.060  Ballots for ordinances and charter amendments.  An ordinance [for] 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?”


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

ê1971 Statutes of Nevada, Page 2055 (Chapter 669, SB 659)ê

 

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 vote, either for or against the ordinance or amendment.

      Sec. 21.  Sections 19 and 20 of this act shall become effective at 12:01 a.m. on July 1, 1973.

      Sec. 22.  Section 2.120 of Senate Bill No. 612 of the 56th session of the legislature, being the charter of the city of Reno, is hereby amended to read as follows:

      Section 2.120  Codification of ordinances; publication of code.

      1.  The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the Nevada state library. [, and thereafter the 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 and 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 Reno.”

      4.  The codification may be amended or extended by ordinance.

      Sec. 23.  Section 5.060 of Senate Bill No. 612 of the 56th session of the legislature, being the charter of the city of Reno, is hereby amended to read as follows:

      Section 5.060  Ballots for ordinances and charter amendments.  An ordinance [for] 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 vote, either for or against the ordinance or amendment.

      Sec. 24.  Sections 22 and 23 of this act shall become effective at 12:01 a.m. on July 1, 1973.

      Sec. 25.  Section 5.060 of Senate Bill No. 518 of the 56th session of the legislature, being the charter of the city of Sparks, is hereby amended to read as follows:

      Section 5.060  Ballots for ordinances and charter amendments.  An ordinance [for] 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?”


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ê1971 Statutes of Nevada, Page 2056 (Chapter 669, SB 659)ê

 

(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 vote, either for or against the ordinance or amendment.

      Sec. 26.  Section 25 of this act shall become effective at 12:01 a.m. on July 1, 1973.

      Sec. 27.  Section 2.120 of chapter 275, Statutes of Nevada 1971, being the charter of the city of Wells, is hereby amended to read as follows:

      Section 2.120  Codification of ordinances; publication of code.

      1.  The board of councilmen may 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 code is published, two copies shall be filed with the librarian at the Nevada state library. [, and thereafter the 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 and 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 be amended or extended by ordinance.

      Sec. 28.  Section 5.050 of chapter 275, Statutes of Nevada 1971, being the charter of the city of Wells, is hereby amended to read as follows:

      Section 5.050  Ballots for ordinances and charter amendments.  An ordinance [for] 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 vote, either for or against the ordinance or amendment.

      Sec. 29.  Sections 27 and 28 of this act shall become effective at 12:01 a.m. on July 1, 1973.

      Sec. 30.  Section 2.110 of Senate Bill No. 491 of the 56th session of the legislature, being the charter of the city of Yerington, is hereby amended to read as follows:

      Section 2.110  Codification of ordinances; publication of code.

      1.  The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the Nevada state library.


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

ê1971 Statutes of Nevada, Page 2057 (Chapter 669, SB 659)ê

 

Nevada state library. [, and thereafter the 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 and 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 Yerington.”

      4.  The codification may be amended or extended by ordinance.

      Sec. 31.  Section 2.220 of Senate Bill No. 491 of the 56th session of the legislature, being the charter of the city of Yerington, is hereby amended to read as follows:

      Section 2.220  Powers of city council: Parking meters; off-street public parking facilities.

      1.  The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall 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 except eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The city council may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and [a majority of the ballots cast of each color therein, is in favor of the issuance of such bonds,] the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The city council may, in such bonds, pledge the on-street parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

      Sec. 32.  Section 5.050 of Senate Bill No. 491 of the 56th session of the legislature, being the charter of the city of Yerington, is hereby amended to read as follows:

      Section 5.050  Ballots for ordinances and charter amendments.  An ordinance [for] 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 vote, either for or against the ordinance or amendment.

      Sec. 33.  Sections 30, 31 and 32 of this act shall become effective at 12:01 a.m. on July 1, 1973.


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

ê1971 Statutes of Nevada, Page 2058 (Chapter 669, SB 659)ê

 

      Sec. 34.  Except as otherwise provided in this act, this act shall become effective on passage and approval.

 

________

 

 

CHAPTER 670, AB 583

Assembly Bill No. 583–Committee on Commerce

CHAPTER 670

AN ACT relating to the Nevada Industrial Insurance Act; requiring industrial insurance coverage for employees while traveling and receiving wages for travel; and providing other matters properly relating thereto.

 

[Approved May 6, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 616.270 is hereby amended to read as follows:

      616.270  1.  Every employer within the provisions of this chapter, and those employers who shall accept the terms of this chapter and be governed by its provisions, as in this chapter provided, shall provide and secure compensation according to the terms, conditions and provisions of this chapter for any and all personal injuries by accident sustained by an employee arising out of and in the course of the employment.

      2.  Travel for which an employee receives wages shall, for the purposes of this chapter, be deemed in the course of employment.

      3.  In such cases the employer shall be relieved from other liability for recovery of damages or other compensation for such personal injury, unless by the terms of this chapter otherwise provided.

 

________

 

 

CHAPTER 671, SB 653

Senate Bill No. 653–Committee on Federal, State and Local Governments

CHAPTER 671

AN ACT directing the legislative commission to make a study of the public employees’ retirement system and to make recommendations to the 57th session of the Nevada legislature; authorizing the expenditure of moneys from the public employees’ retirement fund and the public employees’ retirement administrative fund for such study; and providing other matters properly relating thereto.

 

[Approved May 6, 1971]

 

      Whereas, There is a widespread feeling among public employees and others that the public employees’ retirement system embodies many inequities, including lack of proper relationship between contributions to the system and benefits accorded; and

      Whereas, A thorough examination of the public employees’ retirement system is necessary to assure that the system is able to fill its objectives in the best possible manner; now, therefore, The People of the State of Nevada, represented in Senate and Assembly,

 


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

ê1971 Statutes of Nevada, Page 2059 (Chapter 671, SB 653)ê

 

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

do enact as follows:

 

      Section 1.  The legislative commission is directed to study the public employees’ retirement system and to determine the problems thereof and possible improvements thereto. Such study should determine the best method of funding the system, whether the public employees’ retirement fund should be divided into separate employee categories, whether the investment policies presently followed are satisfactory and what improvements, if any, should be made.

      Sec. 2.  The public employees’ retirement board is directed, notwithstanding the provisions of any other law, to expend such moneys as may be necessary to have such study made from the public employees’ retirement fund or the public employees’ administrative fund, or from both such funds as the board may determine.

      Sec. 3.  The legislative commission is directed to report the results of such study to the legislature of the State of Nevada on or before November 1, 1972.

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

 

________

 

 

CHAPTER 672, SB 414

Senate Bill No. 414–Senator Pozzi

CHAPTER 672

AN ACT relating to the advance sheets of the Nevada reports, requiring the clerk of the supreme court to charge certain persons a fee for such advance sheets; and providing other matters properly relating thereto.

 

[Approved May 6, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 2 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The following persons and agencies are entitled to the supreme court decisions in pamphlet form without charge:

      1.  Each of the judges of the District Court of the United States, one copy.

      2.  The Nevada state library, two copies.

      3.  Each state officer, district judge, district attorney, county clerk and justice of the peace in this state, one copy.

      4.  Each public library in this state, one copy.

      5.  Each newspaper published in this state, and each commercial television and radio station transmitting in this state, one copy upon their annual request therefor.

      Sec. 2.  NRS 2.250 is hereby amended to read as follows:

      2.250  1.  The clerk of the supreme court may demand and receive for his services rendered in discharging the duties imposed upon him by law the following fees:


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

ê1971 Statutes of Nevada, Page 2060 (Chapter 672, SB 414)ê

 

      (a) Whenever any appeal from the final judgment or any order of a district court shall be taken to the supreme court, or whenever any special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise, shall be brought in or to the supreme court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the filing of the transcript on such appeal, cross-appeal or petition in such special proceeding in the supreme court, pay the clerk of the supreme court the sum of $25, which payment shall be in full of all fees of the clerk of the supreme court in the action or special proceeding.

      (b) No fees shall be charged by the clerk in any action brought in or to the supreme court wherein the state, or any county, city or town thereof, or any officer or commission thereof is a party in his or its official capacity, against the officer or commission.

      (c) In habeas corpus proceedings of a criminal or quasi-criminal nature no fees shall be charged.

      (d) A fee of $5 for supreme court decisions in pamphlet form for each fiscal year, or a fee of $2.50 for less than 6 months’ supply of such decisions, to be collected from any person except those persons and agencies mentioned in section 1 of this act.

      2.  No other fees shall be charged than those specially set forth herein nor shall fees be charged for any other services than those mentioned in this section.

      3.  The clerk of the supreme court shall keep in his office a fee book in which he shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book shall be open to public inspection.

      4.  The clerk of the supreme court shall publish and set up in some conspicuous place in his office a fee table for public inspection. A sum not exceeding $20 for each day of his omission so to do shall be forfeited, which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.

      5.  All fees prescribed in this section shall be payable in advance, if demanded. If the clerk of the supreme court shall not have received any or all of his fees which may be due him for services rendered by him in any suit or proceeding, he may have execution therefor in his own name against the party or parties from whom they are due, to be issued from the supreme court upon order of a justice thereof or the court upon affidavit filed.

      6.  The clerk of the supreme court shall give a receipt on demand of any party paying a fee. The receipt shall specify the title of the cause in which the fee is paid and the date and the amount of the payment.

      7.  The clerk of the supreme court shall, on the 1st Monday of each quarter, pay to the state treasurer all moneys received by him for court fees, rendering to the state treasurer a brief note of the cases in which the moneys were received. The moneys so received by the state treasurer shall be placed in the general fund.

      8.  If the clerk of the supreme court violates any of the provisions of subsection 2 and 3 of this section, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding $1,000.


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ê1971 Statutes of Nevada, Page 2061 (Chapter 672, SB 414)ê

 

      9.  If the clerk of the supreme court shall take more or greater fees than are allowed herein, he shall be liable to indictment, and on conviction he shall be removed from office and fined in any sum not exceeding $1,000.

      Sec. 3.  NRS 2.340 is hereby amended to read as follows:

      2.340  1.  The superintendent of the department of state printing shall furnish the reporters of decisions with proofsheets for their verification and correction before publication in permanent form. The superintendent of the department of state printing then shall print immediately each complete supreme court decision in pamphlet form and shall furnish the clerk of the supreme court with as many pamphlet copies of each decision as the clerk determines are necessary for distribution to licensed attorneys, [district judges and newspapers of this state.] or any person mentioned in section 1 of this act, or for his use and the use of the justices of the supreme court. Each decision shall be printed and pamphlet copies returned to the clerk of the supreme court within 14 days, not including the day of delivery, after such decision has been furnished to the superintendent of the department of state printing by the clerk of the court. For good cause shown, the chief justice of the supreme court may extend the time within which such decision or decisions may be published.

      2.  At the time of delivering the copy of any decision to the superintendent of the department of state printing pursuant to the provisions of NRS 2.320, which shall be immediately after such decision is filed, the clerk of the supreme court shall take a receipt for the same, which receipt shall set forth the date of delivery and the title and number of the case.

      Sec. 4.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________

 

 

CHAPTER 673, SB 551

Senate Bill No. 551–Committee on Commerce

CHAPTER 673

AN ACT relating to endowment care cemeteries; placing cemetery authorities under the supervision of the commissioner of insurance; requiring certain cemeteries to be operated under endowment care; specifying endowment care requirements; providing requirements for certain contracts; establishing licensing requirements; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 6, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 452 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 53, inclusive, of this act.

      Sec. 2.  As used in this chapter the terms defined in sections 3 to 18, inclusive, of this act have the meanings ascribed to them in such sections.

      Sec. 3.  “Administrator” means the commissioner of insurance.

      Sec. 4.  “Agent” means an individual authorized by a seller to offer, sell or solicit the purchase of a prepaid cemetery contract on behalf of the seller.


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

ê1971 Statutes of Nevada, Page 2062 (Chapter 673, SB 551)ê

 

      Sec. 5.  “Buyer” means the purchaser of a prepaid cemetery contract.

      Sec. 6.  “Cemetery authority” means any individual, partnership, corporation, association or cemetery district owning or controlling cemetery lands or property and engaged in the operation of a cemetery business in this state.

      Sec. 7.  “Cemetery merchandise” means those items normally supplied by a cemetery authority under a preneed sales agreement, including urns, memorials, scrolls, vases, foundations, bases and other similar merchandise, but does not include the sale of interment, entombment or inurnment space.

      Sec. 8.  “Cemetery services” means those services normally performed by a cemetery authority under a preneed sales agreement for the opening and closing of graves, crypts and niches, and other services in relation thereto.

      Sec. 9.  “Health division” means the health division of the department of health, welfare and rehabilitation.

      Sec. 10.  “Net purchase price” means the net amount of the purchase price remaining after deduction of the sales commission.

      Sec. 11.  “Performer” means the person or persons designated in the prepaid contract to furnish the burial merchandise and supplies and to perform the services covered by the contract, on the demise of the beneficiary.

      Sec. 12.  “Person” includes natural persons, partnerships, firms, associations and corporations residing in or doing business in this state.

      Sec. 13.  1.  “Prepaid contract” means any contract under which, for a specified consideration paid in advance in a lump sum or by installments, a person promises, either prior to or upon the death of a beneficiary named in or otherwise ascertainable from the contract, to provide cemetery services and to furnish adaptable or suitable personal property, merchandise, supplies or facilities in connection with such services.

      2.  “Prepaid contract” does not include a contract of insurance or any instrument in writing whereby any charitable, religious, benevolent or fraternal benefit society, corporation, association, institution or organization not having for its object or purpose pecuniary profit promises or agrees to embalm, inter or otherwise dispose of the remains of any person, or to procure or pay the expenses, or any part thereof, for embalming, interring or otherwise disposing of the remains of any person.

      Sec. 14.  “Purchase price” means the aggregate amount to be paid by a buyer to a seller for a prepaid contract.

      Sec. 15.  “Sales commission” means that portion of the purchase price paid to or retained by the seller as compensation in connection with the sale of a prepaid contract.

      Sec. 16.  “Seller” means any person selling a prepaid contract.

      Sec. 17.  “Trust fund” means funds deposited with a trustee by a seller with respect to a prepaid contract.

      Sec. 18.  “Trustee” means any state or national bank, trust company or federally insured savings and loan association authorized to transact such business in the State of Nevada and designated as the trustee of the trust fund in a prepaid contract.


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ê1971 Statutes of Nevada, Page 2063 (Chapter 673, SB 551)ê

 

      Sec. 19.  1.  No person shall engage in the business of operating a cemetery authority in this state without first obtaining a certificate of authority from the administrator.

      2.  Applications for a certificate of authority to operate a cemetery shall be filed with the administrator. Each application shall be accompanied by:

      (a) A filing fee of $250, no part of which shall be refundable.

      (b) A copy, certified by the proper officials, of the:

             (1) Articles of incorporation, if any.

             (2) Bylaws of the corporation, if any.

             (3) Application to the city or county planning commission for a cemetery use permit or the rezoning for the proposed cemetery.

             (4) Land use or zoning permit.

             (5) Declaration of dedication of land to cemetery purposes.

             (6) Deed, contract of purchase or other document which provides the applicant with merchantable title to the land dedicated.

             (7) Endowment care trust fund agreement executed by the proper officers of the cemetery authority.

      (c) A statement, executed by the proper officers, of the applicant setting forth:

             (1) If the applicant is a corporation, the names and addresses of the board of directors and officers.

             (2) If the applicant is not a corporation, the names and addresses of the natural persons in charge.

             (3) The names and addresses of the trustees of the endowment care fund.

             (4) The name and address of the person in charge of sales.

The statement shall contain a description of the general character, experience and fitness to engage in the cemetery business for each person named.

      (d) A complete, detailed and audited financial statement showing assets, liabilities and reserve.

      (e) An itemized statement of all estimated receipts and expenditures for the succeeding 2-year period or such other period as may be required by the administrator.

      (f) A map of the proposed cemetery in such detail and size as may be required by the administrator.

      (g) A statement of the proposed plan of operation in such detail as may be required by the administrator.

      (h) A statement of amount deposited in the endowment care fund and the type of investment made of such amount.

      (i) A statement from the depository showing the deposit in the endowment care fund of the amount required by NRS 452.120 and 452.130.

      (j) Such other information as may be required by written notice from the administrator.

      Sec. 20.  1.  Prior to issuance of a certificate of authority to a seller, the seller shall post with the administrator and thereafter maintain in force a bond in the prinicpal sum of $50,000 issued by an authorized corporate surety in favor of the State of Nevada, or a deposit made up of cash or negotiable securities.


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ê1971 Statutes of Nevada, Page 2064 (Chapter 673, SB 551)ê

 

negotiable securities. If a deposit is made in lieu of a bond, the deposit shall at all times have a market value of not less than the amount of the bond required by the administrator.

      2.  In lieu of posting the entire amount of the bond or deposit required under subsection 1, the administrator may approve the posting of a bond or deposit in the amount of $5,000 or multiple thereof, not to exceed $50,000, if he finds that the circumstances and status of the applicant’s business do not immediately warrant the posting of a bond or the full amount of the bond or deposit for the purposes provided in subsection 3. If less than the amount of the bond or deposit is posted by the applicant, the administrator may require him to post an additional bond or deposit of $5,000 or multiple thereof each following year until the required maximum of $50,000 is met. The administrator may require a quarterly report if no bond is required.

      3.  The bond or deposit shall be held for the benefit of buyers of prepaid cemetery contracts, and other persons as their interests may appear, who may be damaged by misuse or diversion of moneys by the seller or his agents, or to satisfy any judgments against the seller for failure to perform a prepaid contract. The aggregate liability of the surety for all breaches of the conditions of the bond shall, in no event, exceed the sum of such bond. The surety on the bond shall have the right to cancel such bond upon giving 30 days’ notice to the superintendent and thereafter shall be relieved of liability for any breach of condition occurring after the effective date of such cancellation.

      4.  The administrator:

      (a) Shall release the bond or deposit after the seller has ceased doing business as such and the administrator is satisfied of the nonexistence of any obligation or liability of the seller which the bond or deposit was held; or

      (b) May reduce the bond or deposit in $5,000 increments if he finds that the circumstances and status of the applicant’s business warrant such reduction.

      Sec. 21.  1.  If the applicant is a new corporation, the financial statement required by section 19 of this act shall designate the amount of stock subscribed, the consideration paid for all stock issued and the amount of promotional stock involved.

      2.  If the applicant has had prior experience in the cemetery business, the financial statement required by section 19 of this act shall include complete profit and loss statements for the preceding 3 years or, if the applicant has been in such business for less than 3 years, then for such period.

      Sec. 22.  1.  If the administrator finds that the proposed cemetery authority has in good faith complied with all lawful requirements, he shall within 30 days issue a certificate of authority for the conduct and transaction of a cemetery business.

      2.  The certificate of authority shall be valid for a period of 6 months from the date of issuance, and if the cemetery authority has not begun operations within that time the certificate shall be void unless the administrator has, for good cause, extended such period. No such extension shall be given for a period of more than 6 months from the date of extension.


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ê1971 Statutes of Nevada, Page 2065 (Chapter 673, SB 551)ê

 

      Sec. 23.  A cemetery authority may:

      1.  Adopt, amend and enforce rules and regulations for the use, care, control, management, restriction and protection of its property;

      2.  Restrict and limit the use of all property within its cemetery;

      3.  Regulate the uniformity of erections within its cemetery;

      4.  Regulate, prohibit or remove monuments, effigies and structures within any portion of its cemetery;

      5.  Prohibit the introduction of plants and shrubs within its cemetery;

      6.  Regulate or prohibit, for good cause, the use of any portion of its cemetery for interment, entombment or inurnment; and

      7.  Regulate the conduct of persons and prevent improper assemblages within its cemetery.

      Sec. 24.  1.  A cemetery authority, when additional property is required for interment, entombment or inurnment purposes, shall make maps showing:

      (a) If land, the location of graves, monuments, markers, memorials, vaults, crypts, thoroughfares and plots, with descriptive names where applicable.

      (b) If a mausoleum, crematory or columbarium, the location of halls, rooms, corridors, elevations and other divisions, with descriptive names where applicable.

      2.  The maps required by subsection 1 shall:

      (a) Be kept on cemetery land in an office of the cemetery authority.

      (b) Open to inspection by authorized and interested persons.

      (c) Show and facilitate the location of all bodies or human remains interred, entombed or inurned in the cemetery.

      (d) Show the name of the owner of each lot, vault, crypt, niche or other repository in the cemetery, mausoleum or columbarium.

      Sec. 25.  1.  It is unlawful for any cemetery authority, or any person on behalf of a cemetery authority, to offer or sell any preneed cemetery merchandise or services unless such cemetery authority has been issued a certificate of authority for such purpose by the administrator.

      2.  Subsection 1 does not apply to cemeteries owned and operated by governmental agencies.

      Sec. 26.  The administrator shall promptly deposit with the state treasurer, for credit to the banking division revolving fund, hereby established in the state treasury, all fees and charges collected by him under this chapter.

      Sec. 27.  1.  The provisions of chapter 233B of NRS apply to prepaid contracts and all persons connected with such contracts.

      2.  The administrator may promulgate such rules and regulations relative to trade practices and frauds in connection with prepaid contracts, and all persons involved therewith, as he may determine necessary or proper.

      Sec. 28.  The administrator may make, promulgate, amend or rescind such rules and regulations as may be necessary to carry out the purposes and provisions of this chapter.

      Sec. 29.  1.  Except as may otherwise be specifically authorized in writing by the administrator, after the health division’s written approval of plans and specifications for the construction of a mausoleum or columbarium, no cemetery authority or person on behalf of such cemetery authority shall sell, offer for sale, contract to sell or negotiate the sale of a crypt or niche in any such advertised or projected structure before receiving a certificate of occupancy, unless the cemetery authority:

 


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ê1971 Statutes of Nevada, Page 2066 (Chapter 673, SB 551)ê

 

authority shall sell, offer for sale, contract to sell or negotiate the sale of a crypt or niche in any such advertised or projected structure before receiving a certificate of occupancy, unless the cemetery authority:

      (a) Provides a bond, if deemed necessary by the administrator, in favor of the State of Nevada in an amount which is sufficient to cover the amount of sales commission that has been received from the buyer until the structure is completed and complies with paragraphs (c) and (d) of this subsection; or

      (b) Is able to provide a certificate of ownership for existing crypts or niches of comparable value to the one sold and includes a provision in each contract of sale that the purchaser has the right of exchange for an existing crypt or niche of comparable value; and

      (c) Deposits the net proceeds, remaining after payment of the sales commission, collected on the sale of such crypts or niches, into a trust for the purpose of the construction of the projected or advertised mausoleum or columbarium; and

      (d) Has provisions for satisfactory temporary entombment or interment, acceptable to the contract purchaser or the representative of the deceased contract beneficiary, pending completion of construction and delivery of the approved crypt or niche, when sold by reference to construction plans and specifications, in accordance with the terms of the sales contract.

      2.  Each contract for the sale of a mausoleum crypt or niche before a certificate of occupancy is obtained shall contain a provision substantially stating: “If the seller at any time finds himself unable to fulfill this agreement owing to an act of God, strike, riot, order of civil or military authority or to any other unforeseen contingency, he shall return to the purchaser all moneys that may have been paid hereunder, and this agreement thereupon shall be void.”

      Sec. 30.  1.  The proposed seller or appropriate corporate officer of the seller shall make application in writing to the administrator for a seller’s certificate of authority, showing:

      (a) The proposed seller’s name and address and his occupations during the preceding 5 years;

      (b) The name and address of the proposed trustee;

      (c) The names and addresses of the proposed performers, specifying what particular services, supplies and equipment each performer is to furnish under the proposed prepaid contract; and

      (d) Such other pertinent information as the administrator may reasonably require.

      2.  The application shall be accompanied by:

      (a) The applicant’s fingerprints on a form furnished by the administrator;

      (b) A copy of the proposed trust agreement and a written statement signed by an authorized officer of the proposed trustee to the effect that the proposed trustee understands the nature of the proposed trust fund account and accepts it;

      (c) A copy of each contract or understanding, existing or proposed, between the seller and performers relating to the proposed prepaid contract or items to be supplies under it;

      (d) A copy of each document relating to the proposed seller, trustee, trust, performer or prepaid contract, as may be required by the administrator; and

 


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ê1971 Statutes of Nevada, Page 2067 (Chapter 673, SB 551)ê

 

trust, performer or prepaid contract, as may be required by the administrator; and

      (e) A fee of $25, no part of which is refundable.

      Sec. 31.  1.  If the administrator finds that the application is complete and the applicant otherwise qualifies under the provisions of this chapter, he shall issue a seller’s certificate of authority to the applicant.

      2.  The administrator shall refuse to issue a seller’s certificate of authority to any applicant who does not comply with or otherwise meet the requirements of this chapter. Upon such refusal, the administrator shall give written notice thereof to the applicant setting forth the reasons for such refusal.

      Sec. 32.  1.  Each seller’s certificate of authority issued pursuant to this chapter shall expire at midnight on April 30 next following its date of issuance.

      2.  The administrator may renew a seller’s certificate of authority upon receiving a written request for renewal from the seller, accompanied by a renewal fee of $25, if he finds that the seller is, at that time, in compliance with all applicable provisions of this chapter.

      Sec. 33.  1.  After giving written notice of charges to the seller, not less than 30 days in advance of hearing, the administrator may, after hearing, revoke the seller’s certificate of authority if the seller:

      (a) Obtained his certificate of authority through misrepresentation or concealment of a material fact;

      (b) Is no longer qualified for such certificate of authority; or

      (c) Violates any provision of this chapter or any lawful order or rule or regulation of the administrator.

      2.  If a seller is found guilty under paragraph (c) of subsection 1, the administrator may, in lieu of revocation, suspend his seller’s certificate of authority for a period not to exceed 90 days.

      Sec. 34.  1.  It is unlawful for any person to solicit the sale of prepaid cemetery merchandise and service contracts in this state on behalf of a seller unless he holds a valid agent’s license issued by the administrator.

      2.  This section does not apply to a seller who is an individual holding a valid seller’s certificate of authority.

      Sec. 35.  1.  To qualify for an agent’s license, the applicant shall execute and file a written application with the administrator on forms furnished by the administrator.

      2.  The application shall:

      (a) Require information concerning the applicant’s identity, address, personal background and business, professional or work history.

      (b) Contain such other pertinent information as the administrator may require.

      (c) Be accompanied by a filing and license fee of $5, no part of which is refundable.

      Sec. 36.  1.  If the administrator finds that the application is complete after an investigation not to exceed 30 days, he shall issue at the request of the holder of a valid seller’s certificate of authority an agent’s license to the applicant.

      2.  An applicant for an agent’s license may receive a temporary agent’s permit, for a period of not to exceed 30 days, at the request of a holder of a valid seller’s certificate of authority, provided that each sales agreement sold by a temporary agent shall be cosigned by a licensed agent of a valid seller’s certificate of authority.


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ê1971 Statutes of Nevada, Page 2068 (Chapter 673, SB 551)ê

 

holder of a valid seller’s certificate of authority, provided that each sales agreement sold by a temporary agent shall be cosigned by a licensed agent of a valid seller’s certificate of authority.

      Sec. 37.  1.  Each agent’s license issued pursuant to this chapter shall expire at midnight April 30 next following its date of issuance.

      2.  An agent’s license may be renewed at the request of the holder of a valid seller’s certificate of authority upon filing a written request for renewal accompanied by a $5 renewal fee.

      3.  An agent’s license becomes void unless he is employed by a holder of a valid seller’s certificate of authority.

      Sec. 38.  The administrator shall issue a seller’s certificate of authority as above provided when a cemetery authority is in compliance with all requirements therefor and upon satisfactory evidence that a cemetery merchandise and service trust fund has been established.

      Sec. 39.  1.  All prepaid contract forms offered or sold in this state shall contain:

      (a) The names and addresses of the seller, buyer, beneficiary, trustee, and the performer or performers;

      (b) A clear and unambiguous statement of the services and merchandise to be supplied and by whom;

      (c) The purchase price of each item of supply or service and how payable;

      (d) The date and place of execution;

      (e) Other reasonable and appropriate provisions;

      (f) The full percentage of sales commission to be retained by the seller;

      (g) The seller’s or his agent’s signature on the original contract and his identification by name and title on any duplicate copy of such contract given to the buyer;

      (h) A provision in 14-point type or larger, stating in substance that the buyer shall be permitted to return the contract within 10 days of its delivery to the buyer and to have the full purchase price or amount paid thereon refunded if the buyer is not satisfied with it for any reason; and

      (i) In print on its face sheet, in 14-point type or larger, a notice stating, “This is not an insurance contract.”

      2.  The written contract, when signed, shall constitute the entire agreement between the parties relative to its subject matter.

      3.  If the buyer, pursuant to the provision required by paragraph (h) of subsection 1, returns the contract to the seller at its branch or home office or to the agent through whom it was purchased, the contract shall be void from the beginning and the parties shall be returned to the same position they occupied before the contract was entered into.

      Sec. 40.  1.  A seller shall not offer, sell or deliver in this state any prepaid contract unless the form of such contract has been filed with and approved in writing by the administrator.

      2.  The administrator shall disapprove any such form of contract which he finds:

      (a) Printed or reproduced in such manner as to be substantially illegible in whole or in part;

      (b) Contains ambiguous or misleading provisions, clauses or titles;

      (c) Includes or combines in the prepaid contract provisions for the purchase of deliverable cemetery plots and existing burial spaces, unless such sales are separated and distinctly defined as cemetery merchandise and service;

 


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ê1971 Statutes of Nevada, Page 2069 (Chapter 673, SB 551)ê

 

such sales are separated and distinctly defined as cemetery merchandise and service;

      (d) Does not comply or is inconsistent with any applicable requirement of this chapter; or

      (e) For other good cause shown.

      3.  No amendment or modification of any such form shall be made unless the amendment or modification has been filed with and approved in writing by the administrator.

      4.  Each filing is subject to a waiting period of up to 30 days before it becomes effective.

      5.  A filing shall be deemed to meet the requirements of this chapter unless disapproved by the administrator within the waiting period or any extension thereof.

      Sec. 41.  The seller may make available to buyers, under deferred payment, prepaid contracts credit life insurance on a form and terms filed with and approved by the administrator. The buyer must be provided with a certificate of such credit insurance as otherwise required by the administrator.

      Sec. 42.  1.  The cemetery authority shall deposit into an interim or permanent trust account in a bank or other financial institution all payments or installments received on the contract over and above the sum permitted in this chapter for selling costs.

      2.  If an interim trust is used, within 30 days following the end of the month in which final payment is made under such contract, the cemetery authority shall transfer to its cemetery merchandise and service trust fund established pursuant to agreement approved by the superintendent all sums it has deposited into the interim trust account, which shall not be less than 60 percent of the contract price.

      3.  Within 30 days following the end of the calendar month in which payment is made, if a permanent trust is used, the cemetery authority shall deposit in the permanent trust all sums to be deposited pursuant to subsection 1.

      4.  The trustee shall, with respect to such trust funds, exercise the judgment and care under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of such standards, and subject to any express provision or limitation contained in any particular trust instrument, a trustee is authorized to acquire and retain every kind of investment, specifically including, but not limited to, bonds, debentures and other corporate obligations and stocks, preferred or common, which men of prudence, discretion and intelligence acquire or retain for their own account.

      5.  No earnings of such investments, including capital gains, as such earnings accrue and are received, may be disbursed by the trustee to the seller or his designee until the corpus equals 100 percent of the required value of the trust. So long as the trust exceeds earnings in excess of 100 percent of the required value of the trust, the earnings may be distributed annually if such distribution does not reduce the corpus of the trust below 100 percent.


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ê1971 Statutes of Nevada, Page 2070 (Chapter 673, SB 551)ê

 

      6.  Every trustee handling trust funds under sections 2 to 42, inclusive, of this act shall file with the administrator, within 15 days following the first day of each calendar quarter, a financial statement showing the activity of all trusts required to be maintained by any seller and the total market value of each trust as of the first day of the calendar quarter. Such statement shall be on forms prescribed and adopted by the administrator. Every quarterly report shall be accompanied by a fee of $10. If such statement is not received by the administrator as required, the administrator may, after giving the seller 10 days’ written notice, suspend the seller’s license.

      7.  Earnings shall be defined as any sum remaining in the trust after deducting costs of administration over and above 100 percent of the required value of the trust.

      8.  The trust shall be valued quarterly and averaged annually to determine the total value of the trust. If the average market value of the trust as of December 31 of each year is below 100 percent or 125 percent of the total trust liability, whichever is appropriate, the administrator may suspend the seller’s certificate of authority until such deficiency is made up.

      9.  Except as provided in this chapter or the trust agreement approved in writing by the administrator or as may be required by court order, the trustees shall maintain the trust funds intact and unimpaired and shall make no other payment or disbursement of such trust funds.

      Sec. 43.  1.  The corpus of all funds deposited in the cemetery merchandise and service trust fund shall be kept unimpaired until the contract is performed on the death of the person for whose benefit the contract was made, or the contract is otherwise terminated and distribution or disposition of such trust funds made as authorized in accordance with applicable law and the rights of any person as such rights may be shown to appear.

      2.  Upon receiving a certified copy of a death certificate or a certification by the authority that a particular contract has been fully performed, the trustee of the cemetery merchandise and service trust fund shall pay all sums on deposit for that contract to the cemetery authority.

      3.  The trustee of such trust fund shall not make any payments out of such fund unless he receives a death certificate or certification as provided in subsection 2. In paying out funds in such circumstances, the trustee may rely upon all such death certificates and certifications presented to him which appear valid on their faces, and he shall not be liable to any person for paying out funds upon such reliance.

      Sec. 44.  In the absence of fraud, all trust funds held or invested in accordance with the provisions of this chapter are not liable to attachment, garnishment or other process or to be seized, taken, appropriated or applied to pay any debt or liability of the seller, buyer, beneficiary or performer by any legal or equitable process or by operation of law.

      Sec. 45.  1.  Except as provided in subsection 2, if the buyer moves to another geographic area beyond the normal service facilities of the seller and performers under the prepaid cemetery merchandise and service contract, the contract shall automatically terminate upon the buyer’s written notice of such removal and of his desire to terminate to the seller and trustee.


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ê1971 Statutes of Nevada, Page 2071 (Chapter 673, SB 551)ê

 

trustee. The trustee, as soon as reasonably possible after receipt of such notice, shall refund to the buyer all trust funds held to the buyer’s account.

      2.  If notice is not received by the seller from the buyer of his intent to terminate the contract and the buyer is not in default thereunder, the contract will continue in force. Upon the demise of the buyer the contract will automatically terminate. Upon termination, the seller will either:

      (a) Furnish the merchandise and perform or arrange to perform the services;

      (b) Make arrangements for the fulfillment of the agreement on a dollar-for-dollar basis with another performer serving the area to which the buyer has moved; or

      (c) Refund to the buyer or his representative or estate, or transfer to a substituted performer, all trust funds held to the buyer’s account.

      3.  The cemetery authority shall include a provision in such contract substantially stating: “If the purchaser defaults in making any payment under this contract, the cemetery authority may terminate the contract and is entitled to retain as damages not more than 40 percent of the total contract price. The balance remaining, if any, shall be refunded to the purchaser.”

      Sec. 46.  1.  An executory prepaid contract shall automatically terminate if the seller or any performer under the contract goes out of business, dies, becomes insolvent or bankrupt, makes an assignment for the benefit of creditors or is otherwise unable to fulfill the obligations under the contract, except where successors or assigns to the business agree to accept all liability and to fulfill all obligations as originally set forth in the sales agreement.

      2.  Upon any such termination, the trust funds held by the trustee for the account of the buyer shall be distributed by the trustee to the buyer or to a qualified seller or performer assuming the outstanding contractual liabilities, as directed by the administrator.

      Sec. 47.  1.  Every seller shall keep accurate accounts, books and records of all transactions, copies of all agreements, dates and amounts of payments made and accepted, the names and addresses of the contracting parties, the persons for whose benefit such funds are accepted and the names of the depositories in which such funds are deposited. Every trustee handling trust funds under sections 2 to 53, inclusive, of this act shall file with the administrator quarterly, a financial statement for each trust account required to be maintained by the seller, on forms prescribed and adopted by the administrator. Every annual report shall be accompanied by a fee of $10. If such statement is not received by the administrator as required he may, after giving 10 days’ notice, revoke the seller’s certificate of authority.

      2.  The seller shall keep within this state, at the address shown upon the certificate of authority, complete records of all transactions under his certificate of authority. Such records and the affairs of the seller shall be subject to audit and examination by the administrator at any reasonable time.

      3.  The seller shall keep such records for a period of not less than 5 years after the completion of all transactions to which they relate.

      Sec. 48.  1.  In any case where a person proposes to purchase or acquire control of an existing cemetery authority, either by purchase of the outstanding capital stock of a cemetery authority or the interest of the owner or owners, and thereby to change the control of the cemetery authority, such person shall first make application to the administrator for a certificate of approval of such proposed change of control in the cemetery authority.


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ê1971 Statutes of Nevada, Page 2072 (Chapter 673, SB 551)ê

 

acquire control of an existing cemetery authority, either by purchase of the outstanding capital stock of a cemetery authority or the interest of the owner or owners, and thereby to change the control of the cemetery authority, such person shall first make application to the administrator for a certificate of approval of such proposed change of control in the cemetery authority.

      2.  Such application shall contain the name and address of the proposed new owners, and the administrator shall only issue such certificate of approval after he has reasonably satisfied himself that the proposed new owners are qualified by character, experience and business and financial reputability and responsibility to control and operate the cemetery authority in a suitable and proper manner, and that the interest of the public generally will not be jeopardized by the proposed change in ownership and management control.

      3.  Such application shall be accompanied by a filing and investigation fee of $50, no part of which is refundable.

      Sec. 49.  A cemetery authority shall not use any crypt or niche for the entombment or inurnment of human remains unless a certificate of occupancy has been issued by the state board of health for the occupancy of any such crypt or niche.

      Sec. 50.  1.  It is unlawful for any person to receive, hold, control or manage funds or proceeds derived from the sale of, or from a contract to sell, any personal property, equipment, merchandise or supplies of whatsoever description not then already existing, available, deliverable and suitable for use in or performance of any services connected with the interment, entombment, or inurnment of the remains of any deceased person, whether any such contract payment is made in lump sum or on the installment basis, prior to the demise of the contract beneficiary for whom purchased, unless the provisions of this chapter are complied with.

      2.  The provisions of subsection 1 do not apply to:

      (a) The sale of grave plots, interests in cemetery lands or space in mausoleum vault or crypt or columbarium niche by any cemetery authority otherwise authorized to make such sales under this chapter, which sales shall be separated and distinctly defined in a cemetery merchandise and service agreement.

      (b) Bona fide prepaid agreements whereby a licensed cemetery authority is to furnish cemetery merchandise and services to a person who has a medically diagnosed terminal illness and which agreement is entered into and fully performed by the cemetery authority within a period of 60 days of the date medically predicted for the demise of the beneficiary named in any such burial service agreement.

      Sec. 51.  In addition to any other penalty provided for in this chapter, any person who violates any provision of this chapter or any rule or regulation promulgated pursuant to this chapter, for which a greater penalty is not otherwise provided by law, is guilty of a misdemeanor.

      Sec. 52.  Every license which has been issued to any person to transact the business of issuing prepaid cemetery merchandise and service contracts or certificates under the former provisions of this chapter shall expire on the effective date of this act and shall not be renewable.


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ê1971 Statutes of Nevada, Page 2073 (Chapter 673, SB 551)ê

 

      Sec. 53.  Any amount of money or investment securities which on the effective date of this act are held in a maintenance fund pursuant to NRS 452.250 shall be transferred on such date to the endowment care fund of the cemetery corporation or association holding such maintenance fund.

      Sec. 54.  NRS 452.050 is hereby amended to read as follows:

      452.050  1.  Every cemetery [corporation, association or other organization referred to as a “cemetery authority” in NRS 452.050 to 452.180, inclusive, which now or hereafter maintains a cemetery, may] authority operating a cemetery which is not exempt pursuant to subsection 2 shall place its cemetery under endowment care and establish, maintain and operate an endowment care fund after having first applied for and received a permit from the [state board of finance.] administrator.

      2.  A cemetery is exempt from the provisions of subsection 1 if:

      (a) It was maintained as a cemetery on the effective date of this act; or

      (b) It is owned and operated by a governmental agency, church or benevolent or fraternal organization not operated for profit.

Nothing contained in this subsection shall prohibit any cemetery authority from electing to come under the provisions of subsection 1.

      3.  Endowment care and special care funds may be commingled for investment and the income therefrom shall be divided between the endowment care and special care funds in the proportion that each fund contributed to the principal sum invested. The funds [may] shall be held in the name of the cemetery authority. [or its directors, or in the name of the trustees appointed by the cemetery authority.]

      Sec. 55.  NRS 452.120 is hereby amended to read as follows:

      452.120  1.  An “endowment care cemetery” is one which shall hereafter have deposited in its endowment care fund [, at the time of or not later than completion of the initial sale,] no later than 30 days following the end of the month in which the final payment is received for the sale of a grave, lawn crypt space, niche or mausoleum crypt not less than the following amounts for plots sold or disposed of:

      [1.] (a) $1 a square foot for each grave.

      [2.  A sum equal to 15 percent of the sale price of each niche.

      3.  A sum equal to 15 percent of the sale price of each crypt.]

      (b) $10 for each single niche in a columbarium or mausoleum.

      (c) $40 for each single adult mausoleum crypt.

      (d) $40 for the first adult crypt of a companion crypt.

      (e) $20 for each additional crypt of a companion crypt.

      (f) $20 for each mausoleum crypt which is less than one-half the size of an adult crypt as measured in cubic feet.

      (g) A sum equal to 15 percent of the cost of each privately built crypt.

      (h) $1 per square foot for each space or lawn crypt space.

      2.  The deposits required by subsection 1 shall be made not later than 30 days after the end of the month in which the final payment for any grave, lawn crypt space, niche or crypt is made.

      Sec. 56.  NRS 452.130 is hereby amended to read as follows:

      452.130  1.  In addition to the requirements of NRS 452.120, any endowment care cemetery hereafter established shall also have deposited in its endowment care fund or maintenance fund the additional sum of $25,000 or have deposited such sum in a maintenance fund as required by NRS 452.120 before disposing [of any plot or making any sale thereof.]


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ê1971 Statutes of Nevada, Page 2074 (Chapter 673, SB 551)ê

 

$25,000 or have deposited such sum in a maintenance fund as required by NRS 452.120 before disposing [of any plot or making any sale thereof.] or making a sale of any space specified in NRS 452.120.

      2.  When the endowment care fund or maintenance fund has $75,000 on deposit, the initial $25,000 may be withdrawn.

      3.  The endowment care fund or maintenance fund once having reached $50,000 shall not be decreased below such amount.

      Sec. 57.  NRS 452.140 is hereby amended to read as follows:

      452.140  1.  A “nonendowment care cemetery” is one that does not [have deposited in an endowment care fund the minimum amounts required by law.] comply with the provisions of NRS 452.120 and 452.130.

      2.  A cemetery which otherwise complies with NRS 452.120 may be designated an endowment care cemetery even though it contains a small section which may be sold without endowment care, if the section is separately set off from the remainder of the cemetery and if signs are kept prominently placed around the section designating the same as a “Nonendowment care section” in legible black lettering at least 4 inches high. There shall be printed at the head of all contracts, agreements, statements, receipts and certificates of ownership or deeds referring to plots in the section the phrase “Nonendowment care.”

      3.  Subsection 2 applies only to cemeteries existing on the effective date of this act.

      Sec. 58.  NRS 452.160 is hereby amended to read as follows:

      450.160  1.  Endowment care funds shall not be used for any purpose other than to provide, through income only, for the reserves authorized by law and for the endowment care of the cemetery in accordance with the resolutions, bylaws, rules and regulations or other actions or instruments of the cemetery authority.

      2.  The funds shall be invested and reinvested in:

      (a) Bonds of the United States; or

      (b) Bonds of this state or the bonds of other states of the Union; or

      (c) Bonds of counties or municipalities of the states of the Union; or

      (d) With the approval of the [state board of finance,] administrator, first mortgages or first trust deeds on improved real estate; or

      (e) Bank deposits in any federally insured bank or savings and loan association [which is insured by the Federal Deposit Insurance Corporation] ; or

      (f) With the written approval of the [state board of finance,] administrator, any investment which would be proper under the provisions of NRS 164.050.

      Pending investment as provided in this subsection, such funds may be deposited in a federally insured account in any savings bank or building and loan association or corporation qualified to do business in the State of Nevada.

      Sec. 59.  NRS 452.180 is hereby amended to read as follows:

      452.180  1.  It shall be unlawful for a cemetery authority, its officers, employees or agents, or a cemetery broker or salesman, to represent that an endowment care fund or any other fund set up for maintaining care is perpetual or permanent, or to sell, offer for sale or advertise any plot under representation that the plot is under endowment care, before an endowment care fund has been established for the cemetery in which the plot is situated.


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ê1971 Statutes of Nevada, Page 2075 (Chapter 673, SB 551)ê

 

under representation that the plot is under endowment care, before an endowment care fund has been established for the cemetery in which the plot is situated. Any person violating any of the provisions of NRS 452.050 to 452.180, inclusive, shall be personally liable for all damages resulting to any person or persons by reason of such violation, and shall also upon conviction thereof be guilty of a misdemeanor.

      2.  The [state board of finance,] administrator, for the purpose of ascertaining the assets, conditions, and affairs of any endowment care cemetery, may examine the books, records, documents and assets of any endowment care cemetery operating, or being organized to operate as such, in the State of Nevada, and may make whatever other investigations as may be necessary to determine that such cemeteries are complying fully with the provisions of NRS 452.050 to 452.180, inclusive.

      3.  If, after an examination or investigation, the [state board of finance] administrator, has just cause to believe that a cemetery granted a permit under the provisions of NRS 452.050 to 452.180, inclusive, has failed to comply with the provisions and requirements of NRS 452.050 to 452.180, inclusive, [it] he may, after due notice and hearing, if [it] he finds a cemetery authority has violated the requirements or regulations contained herein, revoke or refuse to renew the permit of such cemetery authority and refer the violation to the attorney general to determine if further action should be taken under subsection 1.

      4.  The administrator shall conduct examinations at such times as he may deem necessary, but not less than once every 3 years. The expense of such examinations shall be paid by the person or cemetery authority being examined at a rate not to exceed $50 for each 8-hour day for each examiner or investigator required, not to exceed a total of $250 for any regular examination or investigation.

      5.  If an irregularity is disclosed during the course of such examination warranting special or additional investigation or examination, in which case the person or cemetery authority shall be obligated for any additional amount incurred therefor at a rate not to exceed $50 for each 8-hour day for each examiner or investigator employed for the additional examination or investigation.

      Sec. 60.  NRS 452.200 is hereby amended to read as follows:

      452.200  Any member of a board of trustees or any officer or director of a corporation or association violating any of the provisions of NRS [452.190] 452.160 shall be personally liable therefor, and shall upon conviction thereof be guilty of a misdemeanor.

      Sec. 61.  NRS 452.210 is hereby amended to read as follows:

      452.210  1.  No person, firm or corporation shall build, construct or erect any mausoleum, vault, crypt or structure intended to hold or contain dead human bodies, which shall be wholly or partially above the surface of the ground, except in compliance with the rules and regulations of the state board of health governing their location, materials and construction.

      2.  The state board of health is authorized and empowered to adopt and the health division is authorized to enforce such rules and regulations governing the location, materials and construction of mausoleums, vaults, crypts or other similar structures; but the proper local officials of any incorporated city shall have the authority to make and enforce such additional ordinances, bylaws, rules or regulations as they may deem necessary not inconsistent with NRS 452.210 to [452.270,] 452.250, inclusive, or with any rule or regulation adopted or prescribed by the state board of health.


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ê1971 Statutes of Nevada, Page 2076 (Chapter 673, SB 551)ê

 

incorporated city shall have the authority to make and enforce such additional ordinances, bylaws, rules or regulations as they may deem necessary not inconsistent with NRS 452.210 to [452.270,] 452.250, inclusive, or with any rule or regulation adopted or prescribed by the state board of health.

      3.  Before commencing the building, construction or erection of the same, full detailed plans and specifications of such structure shall be presented to the health division for its examination and approval. The approval of the plans and specifications of such structure shall be evidenced by a certificate in writing signed by the state health officer.

      Sec. 62.  NRS 452.230 is hereby amended to read as follows:

      452.230  1.  The health division shall have supervisory control over the construction of any such mausoleum, vault or crypt, and shall:

      (a) See that the approved plans and specifications are in all respects complied with.

      (b) Appoint an inspector under whose supervision such mausoleum, vault or crypt shall be erected [.] if county and city inspections are not made which require compliance with the Uniform Building Code of 1967.

      (c) Determine the amount of compensation of the inspector. The compensation shall be paid by the person, firm or corporation erecting such mausoleum, vault or crypt.

      2.  No departure or deviation from the original plans and specifications shall be permitted except upon approval of the health division, evidenced in like manner and form as the approval of the original plans and specifications.

      3.  No mausoleum, vault, crypt or structure so erected shall be used for the purpose of interring or depositing therein any dead body until there shall have been obtained from the health division a final certificate, signed by the state health officer, stating that the plans and specifications, as filed, have been complied with. [and that the maintenance fund required by NRS 452.250 has been deposited as provided in NRS 452.250.]

      Sec. 63.  NRS 452.250 is hereby amended to read as follows:

      452.250  [1.]  There shall be deposited with the board of trustees or board of directors of any cemetery corporation or association where the mausoleum, vault or crypt is to be erected [a maintenance fund in such sum as shall be determined and fixed by the state board of finance.

      2.  After February 28, 1933, the board of directors or board of trustees of a cemetery corporation or association receiving funds as herein provided shall invest or reinvest such funds in:

      (a) Bonds of the United States; or

      (b) Bonds of this state; or

      (c) Bonds of other states of the Union; or

      (d) Bonds of counties or municipalities of the states of the Union; or

      (e) Corporate bonds or preferred or common stock listed on the New York Stock Exchange and approved by the state board of finance.

      3.  Pending investment as herein provided such funds may be deposited in any savings bank in this state.

      4.  The income from such investments shall be used for the care and upkeep of the structure and for no other purpose.] the amount provided for in NRS 452.120.


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ê1971 Statutes of Nevada, Page 2077 (Chapter 673, SB 551)ê

 

      Sec. 64.  NRS 452.270 is hereby amended to read as follows:

      452.270  Any person, any member of a firm, or any officer or director of a corporation failing to comply with each and every provision of NRS 452.210 to [452.260,] 452.250, inclusive, shall be personally liable therefor, and is guilty of a misdemeanor.

      Sec. 65.  NRS 452.005, 452.010, 452.020, 452.040, 452.190 and 452.260 are hereby repealed.

      Sec. 66.  The provisions of NRS 452.050 to 452.270, inclusive, and sections 2 to 53, inclusive, of this act, do not apply to a person maintaining a cemetery but not operating as a cemetery authority 60 days after the passage and approval of this act.

 

________

 

 

CHAPTER 674, SB 539

Senate Bill No. 539–Committee on Judiciary

CHAPTER 674

AN ACT relating to peace officers; including within the definition of “peace officer” certain employees of the Nevada state prison, the Nevada state park system, the division of forestry of the state department of conservation and natural resources, the Nevada gaming commission, the state gaming control board, the department of law enforcement assistance, school district security officers, field dealer inspectors in the motor vehicle registration division of the department of motor vehicles and certain personnel of the Nevada department of fish and game; eliminating some duties of the inspector and field agents of the motor carrier division of the department of motor vehicles; granting certain state officers the power to designate employees as peace officers; authorizing school districts to employ or appoint security officers; and providing other matters properly relating thereto.

 

[Approved May 6, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 169.125 is hereby amended to read as follows:

      169.125  “Peace officer” includes:

      1.  The bailiff of the supreme court;

      2.  Sheriffs of counties and their deputies;

      3.  Constables;

      4.  Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;

      5.  The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;

      6.  Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;

      7.  Marshals and policemen of cities and towns;

      8.  Parole and probation officers;

      9.  Special investigators employed by the office of any district attorney or the attorney general;

      10.  Arson investigators for fire departments specially designated by the appointing authority;


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ê1971 Statutes of Nevada, Page 2078 (Chapter 674, SB 539)ê

 

      11.  Members of the University of Nevada System police department;

      12.  The state fire marshal and his deputies; [and]

      13.  The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS [.] ;

      14.  Arson investigators for the state forester firewarden specially designated by the appointing authority;

      15.  The deputy warden, correctional officers and other employees of the Nevada state prison when carrying out any duties prescribed by the warden of the Nevada state prison;

      16.  Nevada state park system employees designated by the administrator of the Nevada state park system in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;

      17.  Security officers employed by the board of trustees of any school district;

      18.  The executive, supervisory and investigative personnel of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140;

      19.  The director, division chiefs, investigators, agents and other sworn personnel of the department of law enforcement assistance;

      20.  Field dealer inspectors of the motor vehicle registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048; and

      21.  The personnel of the Nevada department of fish and game when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  Chapter 391 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The board of trustees of a school district may employ or appoint personnel as security officers and, in carrying out the duties, such personnel are peace officers as defined in NRS 169.125. The provisions of this subsection shall not constitute such security officers as police officers for the purposes of NRS 286.510.

      2.  The jurisdiction of security officers shall extend to all school property, buildings and facilities within the school district, for the purpose of:

      (a) Protecting school district personnel, pupils, or real or personal property; or

      (b) Cooperating with local law enforcement agencies in matters relating to personnel, pupils or real or personal property of the school district.

      Sec. 4.  NRS 407.065 is hereby amended to read as follows:

      407.065  The system is hereby authorized to:

      1.  Designate, establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreation areas for the use of the general public.

      2.  Protect state parks and property controlled or administered by it from misuse or damage and to preserve the peace within such areas. At the discretion of the administrator, rangers and employees of the system shall have the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the system.


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ê1971 Statutes of Nevada, Page 2079 (Chapter 674, SB 539)ê

 

property controlled or administered by the system. The administrator may appoint or designate certain system employees to have the general authority of peace officers as provided in NRS 169.125, but such employees shall not be police officers or firemen for the purposes of NRS 286.510.

      3.  Allow multiple use of state parks and real property controlled or administered by it for any lawful purpose, including but not limited to, grazing, mining, development of natural resources, hunting and fishing, and subject to such rules and regulations as may be promulgated in furtherance of the purposes of the system.

      4.  Conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and collect reasonable fees therefor, which shall be used for park and recreation purposes.

      5.  Rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the system to public or private corporations, to groups of individuals, or to individuals for a valuable consideration upon such terms and conditions as the system deems fit and proper, but no concessionaire shall be permitted to dominate any state park operation.

      Sec. 5.  NRS 463.140 is hereby amended to read as follows:

      463.140  1.  The provisions of this chapter with respect to state gaming licenses and manufacturer’s, seller’s and distributor’s licenses shall be administered by the state gaming control board and the Nevada gaming commission, which are hereby charged with administering the same for the protection of the public and in the public interest in accordance with the policy of this state.

      2.  The board shall investigate the qualifications of each applicant for licenses under this chapter before any license is issued and shall continue to observe the conduct of all licensees to the end that licenses shall not be issued to nor held by unqualified or disqualified persons or unsuitable persons or persons whose operations are conducted in an unsuitable manner or for unsuitable or prohibited places or locations. The board shall have full and absolute power and authority to recommend the denial of any application for license, or the limitation, conditioning or restriction of such license or the suspension or revocation of any license, for any cause deemed reasonable by the board. The commission shall have full and absolute power and authority to deny any application for license, or to limit, condition, restrict, revoke or suspend any license, for any cause deemed reasonable by the commission.

      3.  The board and the commission and their agents, inspectors and employees have the authority:

      (a) To inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.

      (b) To inspect all equipment and supplies in, upon or about such premises.

      (c) Summarily to seize and remove from such premises and impound any such equipment or supplies for the purpose of examination and inspection.

      (d) To demand access to and inspect, examine and audit all papers, books and records of applicants and licensees respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy of or any of the provisions of this chapter.


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ê1971 Statutes of Nevada, Page 2080 (Chapter 674, SB 539)ê

 

produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy of or any of the provisions of this chapter.

      4.  For the purpose of the administration of chapters 463, 464 and 465 of NRS, the board, the commission and the executive, supervisory and investigative personnel of both the board and the commission shall be invested with the powers of a peace officer of the State of Nevada. The provisions of this subsection shall not constitute such individuals as police officers for the purposes of NRS 286.510.

      5.  The board and the commission or any member thereof shall each have full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission shall be guilty of perjury.

      Sec. 6.  NRS 472.040 is hereby amended to read as follows:

      472.040  1.  The duties of the state forester firewarden shall be to:

      (a) Supervise or coordinate all forestry and watershed work on state- and privately-owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private individuals.

      (b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and to perform such other duties as might be designated by the director of the state department of conservation and natural resources, the state board of forestry and fire control or by state law.

      (c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.

      2.  The state forester firewarden is authorized in carrying out the provisions of this chapter to:

      (a) Appoint such paid foresters and firewardens as he may deem necessary to enforce the provisions of the laws of this state respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board or boards of county commissioners of the county or counties concerned, and when so appointed the foresters and firewardens shall have only the police powers necessary to enforce the provisions of such laws.

      (b) Appoint, in such number and localities as he may deem proper, suitable citizen-wardens who shall have all of the police powers of paid firewardens. Such citizen-wardens shall serve voluntarily except that they may receive compensation when an emergency is declared by the state forester firewarden or his duly appointed and authorized assistants.

      (c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Such voluntary firewardens shall have all of the police powers of paid firewardens, but they shall receive no compensation for their services.


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ê1971 Statutes of Nevada, Page 2081 (Chapter 674, SB 539)ê

 

      (d) Appoint certain paid foresters or firewardens to be arson investigators, who shall be peace officers as provided in NRS 169.125. The provisions of this paragraph shall not constitute such investigators as police officers or firemen for the purposes of NRS 286.510.

      (e) Employ, with the consent of the director of the state department of conservation and natural resources, clerical assistance, county and district coordinators, patrolmen, firefighters, and other employees as needed, and to expend such sums as may be necessarily incurred for this purpose.

      [(e)] (f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.

      [(f)] (g) With the approval of the state board of examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property shall be purchased or accepted unless an examination of the title shows such property to be free from encumbrances, with title vested in the grantor. The title to such real property shall be examined and approved by the attorney general.

      Sec. 7.  NRS 481.048 is hereby amended to read as follows:

      481.048  1.  The director shall appoint [,] within the limits of legislative appropriations, pursuant to the provisions of chapter 284 of NRS, [a] field dealer [inspector] inspectors in the motor vehicle registration division of the department.

      2.  The duties of [the] field dealer [inspector] inspectors shall be to travel the state and:

      (a) Act as [a field agent and inspector] field agents and inspectors in the enforcement of the provisions of chapter 482 of NRS as they pertain to dealers [.] , NRS 108.267 to 108.360, inclusive, as such sections pertain to motor vehicles, trailers and motorcycles, and chapters 487 and 489 of NRS.

      (b) Act as advisor to dealers in connection with any problems arising under the provisions of such chapter.

      (c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.

      (d) Perform such other duties as may be imposed by the director.

      3.  Field dealer inspectors have the powers of peace officers in carrying out their duties under this section but are not entitled to retire at the ages and under the circumstances provided in NRS 286.510.

      Sec. 8.  NRS 481.049 is hereby amended to read as follows:

      481.049  In addition to other necessary personnel, there shall be employed in the motor carrier division of the department of motor vehicles one inspector and 20 field agents whose duties shall be:

      1.  To enforce the motor vehicle carrier law contained in chapter 706 of NRS.

      2.  To enforce the provisions of chapters 365, 366, 482, 483 [, 484 and 487] and 484 of NRS.

      Sec. 9.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________


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

ê1971 Statutes of Nevada, Page 2082ê

 

CHAPTER 675, SB 30

Senate Bill No. 30–Senators Lamb and Gibson

CHAPTER 675

AN ACT relating to the state department of agriculture; placing the director in the unclassified service; creating the division of brand inspection; and providing other matters properly relating thereto.

 

[Approved May 6, 1971]

 

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 director of the division of brand inspection shall be appointed by the executive director on the basis of merit, and he shall be in the unclassified service.

      Sec. 2.  NRS 561.115 is hereby amended to read as follows:

      561.115  The position of executive director of the state department of agriculture is hereby created. The executive director shall be: [appointed by and be responsible to the board. He shall be appointed on the basis of merit under the provisions of chapter 284 of NRS and shall be in the classified service except for the purposes of removal.]

      1.  Appointed by the board with the approval of the governor.

      2.  In the unclassified service.

      3.  Entitled to receive an annual salary of $20,500.

      Sec. 3.  NRS 561.135 is hereby amended to read as follows:

      561.135  1.  The executive director shall receive an annual salary [which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.] in the amount provided by law.

      2.  The salary of the executive director may be apportioned and paid from any funds available to the department, unless otherwise provided by law.

      3.  The executive director shall receive the per diem expense allowance and travel expenses as provided by law.

      Sec. 4.  NRS 561.194 is hereby amended to read as follows:

      561.194  1.  The department shall consist of:

      (a) The division of animal industry.

      (b) The division of brand inspection.

      (c) The division of plant industry.

      [(c)] (d) Such other divisions as the executive director may from time to time establish.

      2.  The division of animal industry shall manage activities of the department pertaining to the protection and promotion of the livestock industry of the State of Nevada.

      3.  The division of brand inspection shall manage activities of the department pertaining to brands and marks and brand inspection in the State of Nevada.

      4.  The division of plant industry shall manage activities of the department pertaining to the protection and promotion of the agricultural industry of the State of Nevada.

 

________


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ê1971 Statutes of Nevada, Page 2083ê

 

CHAPTER 676, AB 838

Assembly Bill No. 838–Mr. Swallow, Mrs. White, Messrs. Smalley and Schofield

CHAPTER 676

AN ACT to amend an act entitled “An Act relating to the system of public education; naming the departments of the public schools; providing for legal holidays; and setting meeting dates for the state board for vocational education,” being Assembly Bill No. 225 of the 56th session of the Nevada legislature.

 

[Approved May 6, 1971]

 

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 is hereby amended to read as follows:

      Section 1.  NRS 236.015 is hereby amended to read as follows:

      236.015  1.  On and after January 1, 1971, the following days are declared to be legal holidays for state and county government offices:

 

January 1 (New Year’s Day)

Third Monday in February (Washington’s Birthday)

Last Monday in May (Memorial Day)

July 4 (Independence Day)

First Monday in September (Labor Day)

Fourth Monday in October (Veterans’ Day)

October 31 (Nevada Day)

Fourth Thursday in November (Thanksgiving Day)

December 25 (Christmas Day)

Any day that may be appointed by the President of the United States or by the governor for public fast, thanksgiving or as a legal holiday.

 

      2.  All state and county offices, courts, banks, savings and loan associations, public schools and the University of Nevada System shall close on the holidays enumerated in subsection 1 unless in the case of appointed holidays all or a part thereof are specifically exempted.

      3.  If January 1, July 4, October 31 or December 25 falls upon a:

      (a) Sunday, the Monday following shall be observed as a holiday.

      (b) Saturday, the Friday preceding shall be observed as a legal holiday.

      Sec. 2.  This act shall become effective simultaneously with the effective date of the above-entitled act, only if the above-entitled act is approved by the governor.

 

________


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

ê1971 Statutes of Nevada, Page 2084ê

 

CHAPTER 677, AB 744

Assembly Bill No. 744–Mr. Fry

CHAPTER 677

AN ACT relating to the state board of pardons commissioners; altering the membership thereof if the people approve a proposed constitutional amendment in 1972; providing for continuation of adjusted annual salaries of justices of the supreme court necessitated by the repeal of NRS 213.015 by assigning such justices additional duties concerning the law library; and providing other matters properly relating thereto.

 

[Approved May 6, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 378 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  On and after November 22, 1972, the justices of the supreme court shall be ex officio supervisors of the law library to assist the state librarian in performing the duties imposed upon him by NRS 378.080.

      2.  For his services as ex officio supervisor each justice of the supreme court shall receive an annual salary paid from moneys provided by direct legislative appropriation from the general fund in the state treasury to the Nevada state library in the amount specified in NRS 213.015 which he would have received pursuant to the provisions of NRS 213.015 as it read on November 22, 1972, and had NRS 213.015 not been repealed.

      Sec. 2.  NRS 213.010 is hereby amended to read as follows:

      213.010  1.  The state board of pardons commissioners shall consist of the governor [, justices of the supreme court and the attorney general.] and four residents of the State of Nevada, appointed by the governor, who are not members of the judiciary.

      2.  Persons appointed to the board shall have a broad background in and ability for appraisal of law offenders and the circumstances of the offense for which convicted. Insofar as practicable, members shall be selected who have a wide and varied experience and sympathetic interest in corrections work, and rehabilitation of convicted persons, including members experienced in the fields of correction, sociology, law, law enforcement and education. No more than two of such persons shall be of the same political party.

      3.  As used in NRS 213.010 to 213.100, inclusive, “board” means the state board of pardons commissioners.

      [3.] 4.  Meetings of the board for the purpose of considering applications for clemency shall be held semiannually or oftener, on such date as may be fixed by the board [.] , or upon call of the governor.

      5.  On the first board two members shall be appointed for terms of 2 years and two members shall be appointed for terms of 4 years. Thereafter, members of the board shall be appointed for terms of 4 years. Vacancies shall be filled by appointment by the governor for the unexpired term of the member of the board to be replaced.

      6.  Appointed members of the board shall each receive as compensation $25 for each day actually employed on the work of the board, and in addition, each member shall be entitled to reimbursement for necessary travel and per diem expenses in the manner provided by law.


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

ê1971 Statutes of Nevada, Page 2085 (Chapter 677, AB 744)ê

 

      Sec. 3.  NRS 378.080 is hereby amended to read as follows:

      378.080  The state librarian is responsible for the Nevada state library and the statewide program of development and coordination of library and information services. His powers and duties shall be:

      1.  To administer the state library in accordance with law and good library practice.

      2.  To purchase and exchange the Nevada Revised Statutes and supplements, or any other compilation or code of Nevada laws which may be thereafter published, with each of the state libraries of the United States in return for their legal compilations.

      3.  To withdraw from the library collection and dispose of any items no longer needed.

      4.  To maintain the state library, including the selecting, acquiring, circulating and holding custody of books, periodicals, pamphlets, films, recordings, papers and other materials and equipment.

      5.  To maintain a comprehensive collection and reference service to meet reference needs of public officers, departments or agencies of the state, and other libraries and related agencies.

      6.  To make and enforce rules and regulations necessary for the administration, government and protection of the state library and all property belonging thereto.

      7.  To issue official lists of publications of the state and other bibliographical and informational publications as appropriate.

      8.  To borrow from, lend to, and exchange books and other library and information materials with other libraries and related agencies.

      9.  To collect, compile and publish statistics and information concerning the operation of libraries in the state.

      10.  To carry out continuing studies and analyses of library problems.

      11.  To maintain a clearinghouse of information, data and other materials in the field of library and information services.

      12.  To provide advice and technical assistance to public libraries, other libraries, agencies of the state, political subdivisions, planning groups and other agencies and organizations.

      13.  To assist and cooperate with other state agencies and officials, local governments, federal agencies and organizations in carrying out programs involving library and information services.

      14.  To encourage and assist the efforts of libraries and local governments to develop mutual and cooperative solutions to library and information service problems.

      15.  To contract with the Nevada center for cooperative library services, and other agencies, organizations, libraries, library schools, boards of education and universities, public and private, within or outside the state, for library services, facilities, research or any other related purpose.

      16.  To accept, administer and distribute, in accordance with the terms thereof, any moneys, materials or other aid granted, appropriated or made available to the state library for library purposes by the United States or any of its agencies or by any other source, public or private.

      17.  To administer such funds as may be made available by the legislature for improvement of public library services, inter-library cooperation or for other library and information-transfer services.


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ê1971 Statutes of Nevada, Page 2086 (Chapter 677, AB 744)ê

 

      18.  To develop adequate standards for services, resources, personnel and programs that will serve as a source of information and inspiration to persons of all ages, including handicapped persons and disadvantaged persons, and that will encourage continuing education beyond the years of formal education.

      19.  Subject to the approval of local governing bodies, to designate certain libraries as resource center libraries and develop and encourage cooperative steps to link these centers with other libraries in a reference and information network.

      20.  To cooperate with the justices of the supreme court in their ex officio capacities as supervisors of the law library.

      Sec. 4.  NRS 213.015 is hereby repealed.

      Sec. 5.  This act shall become effective on November 22, 1972, only if the 56th session of the legislature of the State of Nevada agrees to and adopts the proposed amendment to section 14 of article 5 of the constitution of the State of Nevada proposed by Assembly Joint Resolution No. 46 of the 55th session of the legislature of the State of Nevada, and the people of the State of Nevada thereafter, at the general election in 1972, approve and ratify such amendment.

 

________

 

 

CHAPTER 678, SB 577

Senate Bill No. 577–Committee on Federal, State and Local Governments

CHAPTER 678

AN ACT relating to the distribution of taxes; requiring monthly distribution of locally shared taxes; and providing other matters properly relating thereto.

 

[Approved May 6, 1971]

 

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

do enact as follows:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 369.173 is hereby amended to read as follows:

      369.173  [At the times prescribed in NRS 369.170 for transfer of money from the liquor tax fund, the] The state controller shall distribute, on a monthly basis, five-nineteenths of that portion of the moneys collected during the preceding month under NRS 369.330 which is derived from the tax on liquor containing more than 22 percent of alcohol by volume among Carson City and the counties of this state in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce and shall apportion such moneys within the counties as follows:

      1.  If there are no incorporated cities within the county, the entire amount shall go into the county treasury.

      2.  If there is one incorporated city within the county the money shall be apportioned between the city and the county on the basis of the population of such city and the population of such county excluding the population of such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.


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ê1971 Statutes of Nevada, Page 2087 (Chapter 678, SB 577)ê

 

of the Bureau of the Census of the United States Department of Commerce.

      3.  If there are two or more incorporated cities within the county, the entire amount shall be apportioned among such cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

In Carson City the entire amount shall go into the city treasury.

      Sec. 3.  NRS 370.260 is hereby amended to read as follows:

      370.260  1.  All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, shall be paid to the tax commission in the form of remittances payable to the Nevada Tax commission.

      2.  The tax commission shall:

      (a) As compensation to the state for the costs of collecting the taxes and license fees, [annually] transmit on a monthly basis such sum as the legislature shall specify from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer, who shall deposit the same to the credit of the tax commission. Such deposited moneys shall be expended by the tax commission in accordance with its work program established pursuant to law.

      (b) Transmit the balance of such payments each month to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund.

      (c) Report to the state controller monthly the amount of collections.

      3.  The money in the cigarette tax fund is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce; [and apportioned] the amount in such fund which was collected during the preceding month shall be apportioned and distributed by the state treasurer as follows:

      (a) In counties having a population of 5,000 or more:

             (1) If there are no incorporated cities within the county, the entire amount shall go into the county treasury.

             (2) If there is one incorporated city within the county the money shall be apportioned between the city and the county on the basis of the population of such city and the population of such county excluding the population of such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

             (3) If there are two or more incorporated cities within the county, the entire amount shall be apportioned among such cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      (b) In counties having a population of less than 5,000:

             (1) If there are no incorporated cities or unincorporated towns within the county, the entire amount shall go into the county treasury.

             (2) If there is one incorporated city or one unincorporated town within the county the money shall be apportioned between the city or town and the county on the basis of the population of such city or town and the population of such county excluding the population of such city or town, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.


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ê1971 Statutes of Nevada, Page 2088 (Chapter 678, SB 577)ê

 

and the population of such county excluding the population of such city or town, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.

             (3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount shall be apportioned among such cities or towns in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.

      (c) In Carson City the entire amount shall go into the city treasury.

      4.  For the purposes of this section, “unincorporated town” means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.

      Sec. 4.  NRS 373.080 is hereby amended to read as follows:

      373.080  [1.]  All motor vehicle fuel taxes collected during any month by the Nevada tax commission pursuant to contract with any county shall be transmitted each month by the Nevada tax commission to such county [periodically as promptly as feasible,] and the Nevada tax commission shall charge the county for the Nevada tax commission’s services specified in this section and in NRS 373.070 such amount as will reimburse the Nevada tax commission for the cost to it of rendering the services.

      [2.  The transmittals required under subsection 1 shall be made at least four times in each fiscal year.]

      Sec. 5.  NRS 374.785 is hereby amended to read as follows:

      374.785  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter shall be paid to the tax commission in the form of remittances payable to the Nevada tax commission.

      2.  The tax commission shall transmit the payments to the state treasurer to be deposited in the state treasury to the credit of the local school support tax fund hereby created.

      3.  The state controller, acting upon the collection data furnished by the secretary of the tax commission, shall, [quarterly,] each month, from the local school support tax fund:

      (a) Transfer 1 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the general fund in the state treasury as compensation to the state for the costs of collecting the tax for the counties.

      (b) [Remit to] Determine for each county treasurer [an] the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred to the general fund of the state pursuant to paragraph (a) of this subsection.

      (c) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the state distributive school fund.


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ê1971 Statutes of Nevada, Page 2089 (Chapter 678, SB 577)ê

 

      [4.  Upon receipt of the moneys remitted pursuant to paragraph (b) of subsection 3, the county treasurer shall:]

      (d) Remit the amount owed to each county by remitting such moneys to the credit of the county school district fund.

      [(a) If the county constitutes a county school district deposit such moneys to the credit of the county school district fund.

      (b) If the county forms part of a joint school district, deposit or remit such moneys to the proper county treasurer for deposit in the joint school district fund.]

      Sec. 6.  NRS 377.050 is hereby amended to read as follows:

      377.050  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter shall be paid to the tax commission in the form of remittances made payable to the Nevada tax commission.

      2.  The tax commission shall transmit the payments to the state treasurer to be deposited in the state treasury to the credit of the city-county relief tax fund hereby created.

      3.  The state treasurer shall, [quarterly, from the city-county relief tax fund:] monthly:

      (a) Transfer from the city-county relief tax fund 1 percent of all fees, taxes, interests and penalties collected in each county during the preceding month to the general fund in the state treasury as compensation to the state for the cost of collecting the tax for the counties.

      (b) [Remit to] Determine for each county treasurer an amount equal to the sum of:

             (1) Any fees, taxes, interest and penalties collected in that county pursuant to this chapter [,] during the preceding month, less the amount transferred to the general fund of the state pursuant to paragraph (a) of this subsection; and

             (2) That proportion of the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.

      [4.  Upon receipt of the moneys remitted pursuant to paragraph (b) of subsection 3, the county treasurer shall:

      (a)] (c) Remit the amount owed to each county in the following manner:

             (1) If there is one incorporated city in the county, apportion such moneys between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

      [(b)] (2) If there are two or more cities in the county, apportion all such moneys among the cities in proportion to their respective populations.

      [(c)] (3) If there are no incorporated cities in the county, [deposit all such moneys] remit the entire amount to the county treasurer for deposit in the county general fund.

      [5.]4.  The provisions of subsection [4] 3 do not apply to Carson City, where the treasurer shall deposit the entire amount received from the state treasurer in the general fund.


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ê1971 Statutes of Nevada, Page 2090 (Chapter 678, SB 577)ê

 

      [6.] 5.  Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 7.  NRS 482.180 is hereby amended to read as follows:

      482.180  1.  There is hereby created in the state treasury a fund which shall be known as the motor vehicle fund. The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this chapter in the motor vehicle fund.

      2.  Funds for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay every item of expense.

      3.  The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and such funds shall be paid monthly [to each county assessor in the same manner as other claims against the state are paid. Privilege] to the recipients, and in the same ratio as personal property taxes were distributed in the previous fiscal year in each county, but the State of Nevada shall not be entitled to share in any such distribution. On the same basis, privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation shall be distributed among the counties in the following percentages:

 

Carson City.................. 1.07 percent              Lincoln......................... 3.12 percent

Churchill........................ 5.21 percent              Lyon............................. 2.90 percent

Clark............................ 22.54 percent              Mineral......................... 2.40 percent

Douglas......................... 2.52 percent              Nye............................... 4.09 percent

Elko............................. 13.31 percent              Pershing........................ 7.00 percent

Esmeralda..................... 2.52 percent              Storey............................. .19 percent

Eureka........................... 3.10 percent              Washoe...................... 12.24 percent

Humboldt..................... 8.25 percent              White Pine................... 5.66 percent

Lander........................... 3.88 percent

 

      4.  [Each county assessor and the assessor of Carson City shall distribute such funds in the same manner, to the same recipients, and in the same ratio, as personal property taxes were distributed in the previous fiscal year, but the State of Nevada shall not be entitled to share in any such distribution.] As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of chapters 482 and 706 of NRS the department shall retain 1 percent from Carson City and counties acting as agents of the department and 6 percent from counties where the department has established branch offices. The department shall be held liable for checks dishonored upon presentment for payment which have been received in payment for such taxes as provided in NRS 482.183.

      5.  When the foregoing requirements have been met, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

      Sec. 8.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________


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ê1971 Statutes of Nevada, Page 2091ê

 

CHAPTER 679, SB 348

Senate Bill No. 348–Committee on Federal, State and Local Governments

CHAPTER 679

AN ACT relating to public securities and obligations; to amend the State Securities Law, the Local Government Securities Law, the University Securities Law and other laws pertaining to public securities and obligations; to amend and repeal sections of NRS and of charters of certain municipalities; providing generally for a maximum interest rate and a maximum discount on issuance; extending such provisions to issues previously authorized but not yet sold; relating to the purposes for which securities may be issued, their sale and provisions for their payment; otherwise concerning the borrowing of money, the issuance of such securities, the other incurrence of obligations, the facilities and other properties pertaining thereto, and the levy, collection and use of general (ad valorem) property taxes, special assessments, rates, tolls, charges, excise taxes and other revenues, and pledges and liens relating thereto; otherwise concerning powers, duties, rights, privileges, liabilities, limitations and other details in connection therewith; and providing other matters properly relating thereto.

 

[Approved May 6, 1971]

 

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

do enact as follows:

 

      Section 1.  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 [7] 8 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. 2.  NRS 244.494 is hereby amended to read as follows:

      244.494  1.  For the purpose of paying any contractor or otherwise defraying any costs of the street beautification project as they become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the board of county commissioners may issue interim warrants.

      2.  Any interim warrants issued for any construction work:

      (a) Shall be issued only upon estimates of the engineer.

      (b) Shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding [7] 8 percent per annum, and shall be payable in such medium or payment at such place or places within and without the state, including but not limited to the county treasurer, as the board may determine.

      (c) May be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the board pledges the full faith and credit of the county, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board by ordinance.


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ê1971 Statutes of Nevada, Page 2092 (Chapter 679, SB 348)ê

 

nonnegotiable, may be general obligations for the payment of which the board pledges the full faith and credit of the county, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board by ordinance.

      Sec. 3.  NRS 244.524 is hereby amended to read as follows:

      244.524  1.  Any bonds issued pursuant to NRS 244.446 to 244.537, inclusive, may be sold in such manner as may be approved by the board of county commissioners to defray the cost of the street beautification project, including all proper incidental expenses, but not including any operation and maintenance 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:

      (a) For not less than the principal amount thereof and accrued interest thereon; or

      (b) At the option of the board, below par at a discount not exceeding [6] 8 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] 8 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 has been capitalized as a cost of the project.

      3.  The board may employ legal, fiscal, engineering and other expert services in connection with any street beautification project authorized in NRS 244.446 to 244.537, inclusive, and the authorization, issuance and sale of bonds.

      4.  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.

      5.  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.

      6.  The validity of the bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.

      7.  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.

      8.  The board may enter into a contract to sell special assessment bonds at any time; but, any other provisions of NRS 244.446 to 244.537, inclusive, 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:

      (a) Before 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


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ê1971 Statutes of Nevada, Page 2093 (Chapter 679, SB 348)ê

 

      (b) It has not elected to proceed under subsection 2 of NRS 244.488, but has elected to proceed under subsection 1 of NRS 244.488.

      9.  If the board ceases to have jurisdiction to proceed, because the owners of more than one-half of the assessed valuation to be assessed, or of such frontage, area, zone or other assessment basis (or combination thereof), file written complaints, protests and objections to the project, as provided in NRS 244.482, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.

      Sec. 4.  NRS 244.531 is hereby amended to read as follows:

      244.531  Assessment bonds shall not bear interest at a rate or rates exceeding [6] 8 percent per annum.

      Sec. 4.3.  NRS 244.829 is hereby amended to read as follows:

      244.829  “County” means any county in the state. For the purposes of NRS 244.815 to 244.919, inclusive, Carson City is considered as a county. Where the context so indicates, “county” means the geographical area comprising the county.

      Sec. 4.5.  NRS 244.854 is hereby amended to read as follows:

      244.854  “State” means the State of Nevada, or any agency, instrumentality or corporation thereof [.] ; and where the context so indicates, “state” means the geographical area comprising the State of Nevada.

      Sec. 5.  NRS 244.883 is hereby amended to read as follows:

      244.883  1.  For the purpose of paying any contractor or otherwise defraying any costs of the project as the same become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the board may issue interim warrants.

      2.  Any interim warrants issued for any construction work shall be issued only upon estimates of the engineer.

      3.  Any interim warrants shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding [7] 8 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the board may determine.

      4.  Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the board pledges the full faith and credit of the county, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board by ordinance.

      Sec. 6.  NRS 244.893 is hereby amended to read as follows:

      244.893  1.  All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.

      2.  All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the board so authorizes the payment of assessments.


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

ê1971 Statutes of Nevada, Page 2094 (Chapter 679, SB 348)ê

 

installments with interest as hereinafter provided, whenever the board so authorizes the payment of assessments.

      3.  Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.

      4.  All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the county to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.

      5.  The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The board may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding [7] 9 percent of the installment or installments of principal so prepaid.

      6.  Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.

      7.  The clerk shall give notice by publication or by mail of the levy of any assessment, of the fact that it is payable, and of the last day for its payment as herein provided.

      Sec. 7.  NRS 244.895 is hereby amended to read as follows:

      244.895  1.  In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.

      2.  Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments’ due dates shall be payable annually, or semiannually, or quarter-annually, at a rate or rates not exceeding [7] 9 percent per annum.

      3.  Nothing herein contained shall be construed as limiting the discretion of the board in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.

      4.  The board in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the county for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.

      5.  The county treasurer shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided herein and in the assessment ordinance.


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

ê1971 Statutes of Nevada, Page 2095 (Chapter 679, SB 348)ê

 

      Sec. 8.  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 [7] 8 percent of the principal amount thereof and at a price which will not result in an effective interest rate of more than [7] 8 percent per annum 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.  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.

      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.

      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.

      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.

      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.

      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.

      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.


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ê1971 Statutes of Nevada, Page 2096 (Chapter 679, SB 348)ê

 

reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.

      Sec. 9.  NRS 244.914 is hereby amended to read as follows:

      244.914  Assessment bonds shall not bear interest at a rate or rates exceeding [6] 8 percent per annum.

      Sec. 10.  NRS 244.915 is hereby amended to read as follows:

      244.915  1.  Any assessment bonds:

      (a) Shall bear such date or dates;

      (b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;

      (c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;

      (d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and

      (e) At the option of the board, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [5] 8 percent of the principal amount of each bond so redeemed,

as provided by ordinance.

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

      3.  Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the board may determine, may be issued.

      4.  Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or 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.

      5.  Notwithstanding any other provisions of law, the board, in any proceedings authorizing bonds hereunder, may:

      (a) Provide for the initial issuance of one or more bonds (in this subsection 5 called “bond”) aggregating the amount of the entire issue or any portion thereof.

      (b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.

      (c) 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.


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ê1971 Statutes of Nevada, Page 2097 (Chapter 679, SB 348)ê

 

and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.

      (d) 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 larger or smaller denominations, which bonds of larger or smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.

      6.  [If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the board:

      (a) Proof of ownership.

      (b) Proof of loss or destruction.

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

      (d) Payment of the cost of preparing and issuing the new bond.] Any bonds may be issued hereunder with provisions for their reissuance, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code-Investment Securities, or otherwise.

      7.  Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board, countersigned by the treasurer, with the seal of the county affixed thereto and attested by the clerk.

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

      9.  [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 bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.

      10.  The clerk may cause the seal of the county to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.

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

      10.  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.

      [12.] 11.  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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ê1971 Statutes of Nevada, Page 2098 (Chapter 679, SB 348)ê

 

      Sec. 10.5.  The County Improvements Law, being NRS 244.815 to 244.919, inclusive, is hereby amended by adding thereto a new section which shall read as follows:

      1.  The special assessments and any other revenues pledged for the payment of any securities, as received by or otherwise credited to the county, shall immediately be subject to the lien of each such pledge without any physical delivery thereof, any filing or further act.

      2.  The lien of each such pledge and the obligation to perform the contractual provisions made in the authorizing ordinance, resolution or other instrument appertaining thereto shall have priority over any or all other obligations and liabilities of the county, except as may be otherwise provided herein or in the ordinance, resolution of other instrument, and subject to the provisions of NRS 244.896.

      3.  The lien of each such pledge shall be valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the county, irrespective of whether such persons have notice thereof.

      Sec. 11.  NRS 244.9202 is hereby amended to read as follows:

      244.9202  1.  The bonds shall:

      (a) Be authorized by ordinance;

      (b) Be in such denominations;

      (c) Bear such date or dates;

      (d) Mature at such time or times not exceeding 40 years from their respective dates;

      (e) Bear such interest at a rate or rates not exceeding [7] 8 percent per annum;

      (f) Be in such form;

      (g) Carry such registration privileges;

      (h) Be executed in such manner;

      (i) Be payable at such place or places within or without the state; and

      (j) Be subject to such terms of redemption,

as the authorizing ordinance may provide.

      2.  The bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the county, in its discretion, shall determine. As an incidental expense of the project, the county, in its discretion, may employ financial and legal consultants in regard to the financing of the project.

      3.  The county may exchange all or a part of its bonds for all or an equivalent part of the project for which the bonds are issued, the exchange to be preceded by determination of the fair value of the project or part of the project exchanged for the bonds. Such determination shall be by ordinance and shall be conclusive.

      4.  The bonds shall be fully negotiable under the terms of the Uniform Commercial Code-Investment Securities.

      Sec. 12.  NRS 267.510 is hereby amended to read as follows:

      267.510  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.


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ê1971 Statutes of Nevada, Page 2099 (Chapter 679, SB 348)ê

 

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 not exceeding [6] 8 percent per annum.

      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 moneys due under such contracts, documents and other instruments.

      5.  Provide for the payment of such moneys 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.

      Sec. 13.  NRS 268.534 is hereby amended to read as follows:

      268.534  1.  The bonds shall:

      (a) Be authorized by ordinance;

      (b) Be in such denominations;

      (c) Bear such date or dates;

      (d) Mature at such time or times not exceeding 40 years from their respective dates;

      (e) Bear such interest at a rate or rates not exceeding [7] 8 percent per annum;

      (f) Be in such form;

      (g) Carry such registration privileges;

      (h) Be executed in such manner;

      (i) Be payable at such place or places within or without the state; and

      (j) Be subject to such terms of redemption,

as the authorizing ordinance may provide.

      2.  The bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the city, in its discretion, shall determine.


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ê1971 Statutes of Nevada, Page 2100 (Chapter 679, SB 348)ê

 

discretion, shall determine. As an incidental expense of the project, the city, in its discretion, may employ financial and legal consultants in regard to the financing of the project.

      3.  The city may exchange all or a part of its bonds for all or an equivalent part of the project for which the bonds are issued, the exchange to be preceded by determination of the fair value of the project or part of the project exchanged for the bonds. Such determination shall be by ordinance and shall be conclusive.

      4.  The bonds shall be fully negotiable under the terms of the Uniform Commercial Code-Investment Securities.

      Sec. 13.3.  NRS 271.075 is hereby amended to read as follows:

      271.075  “County” means any county in the state [.] ; and where the context so indicates, “county” means the geographical area comprising the county.

      Sec. 13.5.  NRS 271.145 is hereby amended to read as follows:

      271.145  “Municipality” means any unincorporated city, unincorporated town, incorporated city or incorporated town in the state, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter of any type, except as provided in NRS 271.015. “Municipal” pertains thereto. Where the context so indicates, “municipality” means the geographical area comprising such municipality.

      Sec. 13.7.  NRS 271.210 is hereby amended to read as follows:

      271.210  “State” means the State of Nevada, or any agency, instrumentality or corporation thereof [.] ; and where the context so indicates, “state” means the geographical area comprising the State of Nevada.

      Sec. 14.  NRS 271.355 is hereby amended to read as follows:

      271.355  1.  For the purpose of paying any contractor or otherwise defraying any costs of the project as the same become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the governing body may issue interim warrants.

      2.  Any interim warrants issued for any construction work shall be issued only upon estimates of the engineer.

      3.  Any interim warrants shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding [7] 8 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the governing body may determine.

      4.  Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the governing body pledges the full faith and credit of the municipality, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.


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ê1971 Statutes of Nevada, Page 2101 (Chapter 679, SB 348)ê

 

      Sec. 15.  NRS 271.405 is hereby amended to read as follows:

      271.405  1.  All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.

      2.  All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the governing body so authorizes the payment of assessments.

      3.  Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.

      4.  All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the municipality to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.

      5.  The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The governing body may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding [7] 9 percent of the installment or installments of principal so prepaid.

      6.  Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.

      7.  The clerk shall give notice by publication or by mail of the levy of any assessment, of the fact that it is payable, and of the last day for its payment as herein provided.

      Sec. 16.  NRS 271.415 is hereby amended to read as follows:

      271.415  1.  In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.

      2.  Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments’ due dates shall be payable annually, or semiannually, or quarter-annually, at a rate or rates not exceeding [7] 9 percent per annum.

      3.  Nothing herein contained shall be construed as limiting the discretion of the governing body in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.

      4.  The governing body in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the municipality for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.


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ê1971 Statutes of Nevada, Page 2102 (Chapter 679, SB 348)ê

 

interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.

      5.  The county or municipal officer who has been directed by the governing body to collect assessments shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided herein and in the assessment ordinance.

      Sec. 17.  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 [7] 8 percent of the principal amount thereof and at a price which will not result in an effective interest rate of more than [7] 8 percent per annum 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.  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.

      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.

      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.

      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.

      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.

      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.


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ê1971 Statutes of Nevada, Page 2103 (Chapter 679, SB 348)ê

 

has not elected to proceed under subsection 2 or 3 of NRS 271.330, but has elected to proceed under subsection 1 thereof.

      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. 18.  NRS 271.510 is hereby amended to read as follows:

      271.510  Assessment bonds shall not bear interest at a rate or rates exceeding [6] 8 percent per annum.

      Sec. 19.  NRS 271.515 is hereby amended to read as follows:

      271.515  1.  Any assessment bonds:

      (a) Shall bear such date or dates;

      (b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;

      (c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;

      (d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and

      (e) At the option of the governing body, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [5] 8 percent of the principal amount of each bond so redeemed,

as provided by ordinance.

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

      3.  Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the governing body may determine, may be issued.

      4.  Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or 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.

      5.  Notwithstanding any other provisions of law, the governing body, in any proceedings authorizing bonds hereunder, may:


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ê1971 Statutes of Nevada, Page 2104 (Chapter 679, SB 348)ê

 

      (a) Provide for the initial issuance of one or more bonds (in this subsection 5 called “bond”) aggregating the amount of the entire issue or any portion thereof.

      (b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.

      (c) 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.

      (d) 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 larger or smaller denominations, which bonds of larger or smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.

      6.  [If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the governing body:

      (a) Proof of ownership.

      (b) Proof of loss or destruction.

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

      (d) Payment of the cost of preparing and issuing the new bond.] Any bonds may be issued hereunder with provisions for their reissuance, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code-Investment Securities, or otherwise.

      7.  Any bond shall be executed in the name of and on behalf of the municipality and signed by the mayor, chairman, or other presiding officer of the governing body, countersigned by the treasurer of the municipality, with the seal of the municipality affixed thereto and attested by the clerk.

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

      9.  [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 bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.

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

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

      10.  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 municipality, notwithstanding that before the delivery thereof and payment thereof, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.


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ê1971 Statutes of Nevada, Page 2105 (Chapter 679, SB 348)ê

 

thereof and payment thereof, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

      [12.] 11.  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.

      Sec. 19.5.  The Consolidated Local Improvements Law, being chapter 271 of NRS, is hereby amended by adding thereto a new section which shall read as follows:

      1.  The special assessments and any other revenues pledged for the payment of any securities, as received by or otherwise credited to the municipality, shall immediately be subject to the lien of each such pledge without any physical delivery thereof, any filing or further act.

      2.  The lien of each such pledge and the obligation to perform the contractual provisions made in the authorizing ordinance, resolution or other instrument appertaining thereto shall have priority over any or all other obligations and liabilities of the municipality, except as may be otherwise provided herein or in the ordinance, resolution or other instrument, and subject to the provisions of NRS 271.4201.

      3.  The lien of each such pledge shall be valid and binding, as against all persons having claims of any kind in tort, contract or otherwise against the municipality irrespective of whether such persons have notice thereof.

      Sec. 20.  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.

      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] 8 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.


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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] 8 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 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 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 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.

      Sec. 21.  NRS 309.160 is hereby amended to read as follows:

      309.160  For the purpose of organization, the board of directors (in this chapter sometimes merely designated “the board”) may at any time, with the approval of the irrigation district bond commission, incur an indebtedness not exceeding in the aggregate the sum of $5,000, nor in any event to exceed $1 per acre, and may cause warrants of the district to issue therefor, bearing interest at [6] not exceeding 8 percent per annum, and the directors shall have the right and power to levy an assessment of not to exceed $1 per acre on all lands in the district for the payment of such expenses. Thereafter, the directors shall have the right and power to levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter, of not to exceed 20 cents per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses.


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current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments shall be collected as provided in this chapter for the collection of other assessments.

      Sec. 22.  NRS 309.180 is hereby amended to read as follows:

      309.180  1.  No special election may be called for any of the purposes provided in this chapter until the board of directors of the district has submitted to the irrigation district bond commission and the commission has approved the following:

      (a) The proposed local improvement;

      (b) The estimated cost of the improvement;

      (c) A report of a competent engineer; and

      (d) The proposed method of financing the improvement.

      2.  The bonds authorized by vote shall be designated as a series, and the series shall be numbered consecutively as authorized. The portion of the bonds of the series authorized to be sold at any time shall be designated as an issue and each issue shall be numbered in its order. The bonds of such issue shall be numbered consecutively commencing with those earliest falling due. They shall be negotiable in form and payable in money of the United States and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe. Interest coupons shall be attached thereto, and all bonds and coupons shall be dated on January 1 or July 1 next following the date of their authorization, and they shall bear interest at the rate of not to exceed [6] 8 percent per annum, payable semiannually on January 1 and July 1 of each year. The principal and interest shall be payable at the place designated therein. The bonds shall be each of a denomination of not less than $100 nor more than $1,000, and shall be signed by the president and secretary, and the seal of the district shall be affixed thereto. Coupons attached to each bond shall be signed by the secretary. The bonds shall express on their face that they were issued by the authority of this chapter, naming it, and shall also state the number of the issue of which the bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser.

      3.  In case the money raised by the sale of all the bonds be insufficient for the completion of the plans and works adopted, and additional bonds be not voted, the board of directors shall provide for the completion of the plan by levy or assessment therefor; but when the money obtained by any previous issue of bonds has become exhausted by expenditures herein authorized, and it becomes necessary to raise additional moneys to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose, which election shall be called and otherwise conducted in accordance with the provisions of this chapter in respect to an original issue of bonds.

      4.  The lien for taxes for the payment of interest and principal of any bond series shall be a prior lien to that of any subsequent bond series. The time for the issuance and maturity of the bonds and the manner of their payment may be otherwise determined and directed if submitted to vote by the electors of the district at the election authorizing the bonds.


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ê1971 Statutes of Nevada, Page 2108 (Chapter 679, SB 348)ê

 

      Sec. 23.  NRS 309.332 is hereby amended to read as follows:

      309.332  1.  To carry out the purposes of this chapter, the board is authorized to issue the following types of securities:

      (a) Short-term notes, warrants and interim debentures;

      (b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;

      (c) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge and lien on net revenues;

      (d) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes or other special assessments, which payment is secured by a pledge of and lien on such net revenues; or

      (e) Any combination of such securities.

      2.  Interest coupons thereon shall bear the facsimile signature of the president of the board.

      3.  The form and terms of the general obligation bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium, not exceeding [5] 8 percent of the principal thereof.

      Sec. 24.  NRS 315.630 is hereby amended to read as follows:

      315.630  By resolution, an authority may authorize bonds. The resolution, its trust indenture or mortgage may provide for:

      1.  The issuance of bonds in one or more series.

      2.  The date the bonds shall bear.

      3.  The date of maturity.

      4.  The interest rate, not exceeding [6] 8 percent per annum.

      5.  The denomination of the bonds.

      6.  The form of the bonds, either coupon or registered.

      7.  The conversion or registration privileges which the bonds shall carry.

      8.  The rank or priority of the bonds.

      9.  The manner of execution of the bonds.

      10.  The medium of payment in which the bonds are payable.

      11.  The place of payment.

      12.  The terms of redemption, with or without premium.

      Sec. 25.  NRS 318.250 is hereby amended to read as follows:

      318.250  Whenever any indebtedness [has] or other obligations have been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating funds in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extension of the betterments to the improvements of the district.

      Sec. 26.  NRS 318.325 is hereby amended to read as follows:

      318.325  1.  Subject to the limitations and other provisions in this chapter, a board of any district may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsection 3:


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      (a) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;

      (b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;

      (c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes or any special assessments, which payment is secured by a pledge of and lien on such net revenues; or

      (d) Any combination of such securities.

      2.  Nothing in this chapter shall be construed as preventing a district from funding, refunding or reissuing any outstanding securities of the district of a type designated in subsection 1 as provided in the Local Government Securities Law.

      3.  [Bonds] General obligation or revenue bonds may be sold for not less than 90 percent of their face amount and for an interest coupon rate of not to exceed [7] 8 percent per annum, without regard to effective interest rate. If no bids are received or if the bid or bids received are not satisfactory as to price or responsibility of the bidder, the bonds may be readvertised or sold at private sale.

      Sec. 27.  NRS 318.420 is hereby amended to read as follows:

      318.420  1.  All special assessments shall from the date of approval thereof constitute a lien upon the respective lots or parcels of land assessed coequal with the lien of general taxes, not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes.

      2.  Upon the approval of any assessment, the amount thereof may be divided into not more than 15 annual or 30 semiannual installments to be collected at such time, with such interest, at a rate not to exceed [7] 9 percent per annum, and with such penalties to be collected upon delinquent payments, as the board may determine; but at the option of the owner of property assessed, the whole or any part of the unpaid principal, with interest accruing thereon to the next interest payment date, is payable at any time.

      3.  A notice of the lien created by such special assessment, separately prepared for each lot affected, shall be:

      (a) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located.

      (b) Recorded by the county recorder in a book kept by him for the purpose of recording instruments encumbering land.

      (c) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.

      Sec. 27.3.  The State Securities Law, being NRS 349.150 to 349.362, inclusive, is hereby amended by adding thereto the provisions set forth as sections 27.5 and 27.7 of this act.

      Sec. 27.5.  “Disposal” or “dispose” means the sale, destruction, razing, loan, lease, grant, transfer, assignment, option to sell, other contract, or other disposition, or any combination thereof, of facilities, other property, or any interest therein.


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ê1971 Statutes of Nevada, Page 2110 (Chapter 679, SB 348)ê

 

      Sec. 27.7.  “Equip” or “equipment” means the furnishing of all related or appurtenant machinery, furnishings, apparatus, paraphernalia, and other gear, or any combination thereof, pertaining to any project or other property, or any interest therein.

      Sec. 28.  NRS 349.076 is hereby amended to read as follows:

      349.076  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 [7] 8 percent per annum.

      Sec. 29.  NRS 349.077 is hereby amended to read as follows:

      349.077  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 [7] 8 percent of the principal amount, but the effective interest rate shall not exceed [7] 8 percent per annum.

      Sec. 29.2.  NRS 349.192 is hereby amended to read as follows:

      349.192  “Pledged revenues” means the moneys pledged wholly or in part for the payment of bonds or other state securities issued in accordance with the provisions of the State Securities Law, and, subject to any existing pledges or other contractual limitations: [, may]

      1.  May include at the commission’s discretion moneys derived from one, all or any combination of revenue sources appertaining to any facilities, including without limitation use and service charges, rents, fees and any other income derived from the operation or ownership of, from the use or services of, or from the availability of or services appertaining to, the lease of, any sale or other disposal of, any contract or other arrangement, or otherwise derived in connection with any facilities or all or any part of any property appertaining to any facilities; [, and may]

      2.  May so include all loans, grants or contributions to the state, if any, conditional or unconditional, from the Federal Government for the payment of the principal of, the interest on, and any prior redemption premiums due in connection with any state securities issued hereunder, or any combination thereof; and

      3.  May so include the proceeds of any excise taxes levied and collected by the state and authorized by law (other than the State Securities Law) to be pledged for the payment of state securities issued in accordance with the provisions of the State Securities Law, but excluding the proceeds of any taxes as defined in NRS 349.204.

      Sec. 29.4.  NRS 349.200 is hereby amended to read as follows:

      349.200  “State” means the State of Nevada, or any board, department or other agency or instrumentality thereof, in the United States [.] ; and where the context so indicates, “state” means the geographical area comprising the State of Nevada.

      Sec. 29.6.  NRS 349.210 is hereby amended to read as follows:

      349.210  “United States” means the United States of America [.] ; and where the context so indicates, “United States” means the geographical area comprising the United States of America.

      Sec. 29.8.  NRS 349.258 is hereby amended to read as follows:

      349.258  1.  Before the commission delivers any securities under the State Securities Law, all such securities shall be registered by the treasurer in a book kept in his office for that purpose.


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ê1971 Statutes of Nevada, Page 2111 (Chapter 679, SB 348)ê

 

      2.  The register shall show:

      (a) The aggregate principal amount of the securities [;] and the denomination of each of the securities;

      (b) The time of payment of each of the securities; and

      (c) The rate of interest each of the securities bears.

      3.  After registration by the treasurer, the treasurer shall cause the securities to be delivered to the purchaser or purchasers thereof from the commission, upon payment being made therefor on the terms of the sale or sales.

      Sec. 30.  NRS 349.260 is hereby amended to read as follows:

      349.260  Except as otherwise provided in the constitution of the state and as otherwise provided in the State Securities Law and in any other act the provisions of which are relevant by express reference herein thereto, any state securities issued hereunder shall be:

      1.  In such form;

      2.  Issued in such manner, at, above or below par at a discount not exceeding [7] 8 percent of the principal amount of the securities, and at a price which will result in an effective interest rate of not more than [7] 8 percent per annum;

      3.  Issued with such provisions:

      (a) For the application of any accrued interest and any premium from the sale of any bonds or other state securities hereunder as provided in NRS 349.294;

      (b) For the registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;

      (c) For the endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to 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;

      (d) For the endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;

      (e) For the initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;

      (f) For the manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of larger or smaller denominations, which bonds or other securities of larger or smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment;

      (g) For the reissuance of any outstanding bonds or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code-Investment Securities, or otherwise;

 


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ê1971 Statutes of Nevada, Page 2112 (Chapter 679, SB 348)ê

 

wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code-Investment Securities, or otherwise;

      (h) For the deposit of moneys, federal securities or other securities of the Federal Government, or both moneys and all such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state; and

      (i) For the payment of costs or expenses incident to the enforcement of the securities or of the provisions of the resolution or of any covenant or contract with the holders of the securities; and

      4.  Issued otherwise with such recitals, terms, covenants, conditions and other provisions,

as may be provided by the commission in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.

      Sec. 30.5.  NRS 349.262 is hereby amended to read as follows:

      349.262  1.  Notes may be issued at public or private sale.

      2.  Warrants may be issued to evidence the amount due to any person furnishing services or materials as provided in the State Securities Law.

      3.  Bonds may be sold at public or private sale, conditionally or unconditionally, to the United States or to the state, but otherwise bonds shall be issued at public sale unless the act authorizing the project for which the bonds are to be issued expressly authorizes their private sale.

      4.  Temporary bonds shall be issued to a purchaser of the definitive bonds in anticipation of the exchange of the former for the latter.

      5.  Interim debentures may be issued at public or private sale.

      Sec. 31.  NRS 349.268 is hereby amended to read as follows:

      349.268  All bids shall:

      1.  Be in writing and be sealed; and

      2.  Except any bid of the [State of Nevada or any board or department thereof,] state or the Federal Government, if one is received, be accompanied by a deposit of an amount of at least 2 percent of the principal amount of the securities, either in cash, or by cashier’s check or treasurer’s check of, or by certified check drawn on, a solvent commercial bank or trust company in the United States, [of America,] which deposit shall be returned if the bid is not accepted.

      Sec. 31.5.  NRS 349.272 is hereby amended to read as follows:

      349.272  1.  If a bid is accepted, the deposits of all other bidders shall be thereupon returned. If all bids are rejected, all deposits shall be returned forthwith.

      2.  If the successful bidder fails or neglects to complete the purchase of the securities within 30 days following the acceptance of his bid, or within 10 days after the bonds are made ready and are tendered by the state for delivery, whichever is later, the amount of his deposit shall be forfeited to the state (but no bidder shall forfeit such deposit whenever the securities are not ready and so tendered for delivery within 60 days from the date of the acceptance of his bid), and the commission may accept the bid of the person making the next best bid.

      3.  If all bids are rejected [,] or if no bid is received, the commission may readvertise the securities for sale in the same manner as provided for the original advertisement or may sell the securities privately [.] within a period not exceeding 90 days from the day designated in the notice of sale when sealed bids for the purchase of the securities were advertised to be received and opened publicly.


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ê1971 Statutes of Nevada, Page 2113 (Chapter 679, SB 348)ê

 

notice of sale when sealed bids for the purchase of the securities were advertised to be received and opened publicly.

      Sec. 32.  NRS 349.276 is hereby amended to read as follows:

      349.276  1.  As the commission may determine, any bonds and other state securities issued hereunder, except as otherwise provided in the constitution of the state, or in the State Securities Law, or in any act supplemental thereto, shall:

      (a) Be of a convenient denomination or denominations;

      (b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code-Investment Securities;

      (c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the commission;

      (d) Bear interest at a rate or rates of not more than [7] 8 percent per annum, the interest on each security not constituting a debt to be payable annually, semiannually or at other designated intervals, but the first interest payment date may be for interest accruing for any other period, and the interest on each security constituting a dept subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state shall be payable semiannually;

      (e) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the commission; and

      (f) Be printed at such place within or without this state, as the commission may determine.

      2.  General obligation bonds shall mature within not exceeding 20 years from their date or within 20 years from the effective date of the act authorizing their issuance or the issuance of any securities funded or refunded thereby, whichever limitation is shorter; but any bonds constituting a debt which is not subject to the limitations stated in the first paragraph of section 3, of article 9 of the constitution of this state, as from time to time amended, shall mature within not exceeding 50 years from their date.

      3.  Special obligation bonds shall mature within not exceeding 50 years from their date.

      Sec. 33.  NRS 349.290 is hereby amended to read as follows:

      349.290  The commission may provide for the redemption of any or all of the bonds or other state securities prior to maturity, in such order, by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [6] 8 percent of the principal amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the commission in the resolution authorizing the issuance of the securities or other instrument appertaining thereto.

      Sec. 34.  NRS 349.324 is hereby amended to read as follows:

      349.324  1.  Except as otherwise provided in NRS 349.320, the proceeds of taxes, pledged revenues and other moneys, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued for the purpose of securing the payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, shall not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.


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ê1971 Statutes of Nevada, Page 2114 (Chapter 679, SB 348)ê

 

payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, shall not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.

      2.  Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time or times as the commission may determine, except as otherwise provided in subsections 2 and 3 of NRS 349.276.

      3.  Any bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [7] 8 percent per annum.

      Sec. 35.  NRS 349.340 is hereby amended to read as follows:

      349.340  1.  No bonds may be refunded hereunder unless they have been outstanding for at least 1 year from the date of their delivery and 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 15 years from the date of issuance of the refunding bonds. Provision shall be made for paying the securities within such period of time.

      2.  No maturity of any bond refunded may be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor in any event in the case of any bonds constituting a debt in contravention of any state constitutional debt limitation, nor may any interest on any bond refunded be increased to any rate exceeding [7] 8 percent per annum.

      3.  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 in the refunding bonds. Principal may also then be increased to that extent. In no event, however, in the case of any bonds constituting a debt shall the principal of the bonds be increased to any amount in excess of any state debt limitation in the state constitution.

      4.  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. 35.3.  The Local Government Securities Law, being NRS 350.500 to 350.720, inclusive, is hereby amended by adding thereto the provisions set forth as sections 35.5 and 35.7 of this act.

      Sec. 35.5.  “Disposal” or “dispose” means the sale, destruction, razing, loan, lease, grant, transfer, assignment, option to sell, other contract, or other disposition, or any combination thereof, of facilities, other property, or any interest therein.

      Sec. 35.7.  “Equip” or “equipment” means the furnishing of all related or appurtenant machinery, furnishings, apparatus, paraphernalia, or other gear, or any combination thereof, pertaining to any project or other property, or any interest therein.


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ê1971 Statutes of Nevada, Page 2115 (Chapter 679, SB 348)ê

 

or other gear, or any combination thereof, pertaining to any project or other property, or any interest therein.

      Sec. 36.  NRS 350.2011 is hereby amended to read as follows:

      350.2011  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 [7] 8 percent per annum.

      Sec. 37.  NRS 350.2012 is hereby amended to read as follows:

      350.2012  Except where the provisions, wherever 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 [7] 8 percent of the principal amount, but the effective interest rate shall not exceed [7] 8 percent per annum.

      Sec. 37.1.  NRS 350.538 is hereby amended to read as follows:

      350.538  “Municipality” means any county, any incorporated city or town (including without limitation any city or town organized under the provisions of a special legislative act or other special charter), any unincorporated city or town, any school district, or any quasi-municipal district (including without limitation any district governed by Title 25 of NRS) of this state. Where the context so indicates, “municipality” means the geographical area comprising the municipality.

      Sec. 37.3.  NRS 350.550 is hereby amended to read as follows:

      350.550  “Pledged revenues” means the moneys pledged wholly or in part for the payment of bonds or other municipal securities issued in accordance with the provisions of the Local Government Securities Law, and, subject to any existing pledges or other contractual limitations: [, may]

      1.  May include at the governing body’s discretion moneys derived from one, all or any combination of revenue sources appertaining to any facilities, including without limitation use and service charges, rents, fees and any other income derived from the operation or ownership of, from the use or services of, or from the availability of or services appertaining to, the lease of, any sale or other disposal of, any contract or other arrangement, or otherwise derived in connection with any facilities or all or any part of any property appertaining to any facilities; [, and may]

      2.  May so include all loans, grants, or contributions to the municipality, if any, conditional or unconditional, from the Federal Government, the state or any public body for the payment of the principal of, the interest on, and any prior redemption premiums due in connection with any municipal securities issued hereunder, or any combination thereof; and

      3.  May so include the proceeds of any excise taxes levied and collected by the municipality or otherwise received by it and authorized by law (other than the Local Government Securities Law) to be pledged for the payment of municipal securities issued in accordance with the provisions of the Local Government Securities Law, but excluding the proceeds of any taxes as defined in NRS 350.560.

      Sec. 37.5.  NRS 350.556 is hereby amended to read as follows:

      350.556  “State” means the State of Nevada, or any [agency or instrumentality thereof, in the United States.] board, department or other agency or instrumentality thereof, in the United States; and where the context so indicates, “state” means the geographical area comprising the State of Nevada.


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agency or instrumentality thereof, in the United States; and where the context so indicates, “state” means the geographical area comprising the State of Nevada.

      Sec. 37.7.  NRS 350.566 is hereby amended to read as follows:

      350.566  “United States” means the United States of America [.] ; and where the context so indicates, “United States” means the geographical area comprising the United States of America.

      Sec. 37.9.  NRS 350.612 is hereby amended to read as follows:

      350.612  1.  Before the governing body delivers any securities under the Local Government Securities Law, all such securities shall be registered by the treasurer in a book kept in his office for that purpose.

      2.  The register shall show:

      (a) The aggregate principal amount of the securities [;] and the denomination of each of the securities;

      (b) The time of payment of each of the securities; and

      (c) The rate of interest each of the securities bears.

      3.  After registration by the treasurer, the treasurer shall cause the securities to be delivered to the purchaser or purchasers thereof from the governing body, upon payment being made therefor on the terms of the sale or sales.

      Sec. 38.  NRS 350.614 is hereby amended to read as follows:

      350.614  Except as otherwise provided in the Local Government Securities Law and in any other act the provisions of which are relevant by express reference herein thereto or by provisions to that effect therein, any securities issued hereunder shall be:

      1.  In such form;

      2.  Issued in such manner, at, above or below par at a discount not exceeding [7] 8 percent of the principal amount of the securities, and at a price which will result in an effective interest rate of not more than [7] 8 percent per annum;

      3.  Issued with such provisions:

      (a) For the application of any accrued interest and any premium from the sale of any bonds or other municipal securities hereunder as provided in NRS 350.648;

      (b) For the registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;

      (c) For the endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to 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;

      (d) For the endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;

      (e) For the initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;

 


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the endorsement of payments of interest or principal, or both interest and principal, on the securities;

      (f) For the manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of larger or smaller denominations, which bonds or other securities of larger or smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment;

      (g) For the reissuance of any outstanding bonds or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code-Investment Securities, or otherwise;

      (h) For the deposit of moneys, federal securities or other securities of the Federal Government, or both moneys and all such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state; and

      (i) For 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; and

      4.  Issued otherwise with such recitals, terms, covenants, conditions and other provisions,

as may be provided by the governing body in an ordinance authorizing their issuance and in any indenture or other proceedings appertaining thereto.

      Sec. 38.5.  NRS 350.616 is hereby amended to read as follows:

      350.616  1.  Notes may be issued at public or private sale.

      2.  Warrants may be issued to evidence the amount due to any person furnishing services or materials as provided in the Local Government Securities Law.

      3.  Bonds may be sold at public or private sale, conditionally or unconditionally, to the United States or to the state, but otherwise bonds shall be issued at public sale unless the act authorizing the project for which the bonds are to be issued expressly authorizes their private sale.

      4.  Temporary bonds shall be issued to a purchaser of the definitive bonds in anticipation of the exchange of the former for the latter.

      5.  Interim debentures may be issued at public or private sale.

      Sec. 39.  NRS 350.622 is hereby amended to read as follows:

      350.622  All bids shall:

      1.  Be in writing and be sealed; and

      2.  Except any bid of the [State of Nevada or any board or department thereof,] state or the Federal Government, if one is received, be accompanied by a deposit of an amount of at least 2 percent of the principal amount of the securities, either in cash, or by cashier’s check or treasurer’s check of, or by certified check drawn on, a solvent commercial bank or trust company in the United States, [of America,] which deposit shall be returned if the bid is not accepted.

      Sec. 39.5.  NRS 350.626 is hereby amended to read as follows:

      350.626  1.  If a bid is accepted, the deposits of all other bidders shall be thereupon returned.


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be thereupon returned. If all bids are rejected, all deposits shall be returned forthwith.

      2.  If the successful bidder fails or neglects to complete the purchase of the securities within 30 days following the acceptance of his bid, or within 10 days after the bonds are made ready and are tendered by the municipality for delivery, whichever is later, the amount of his deposit shall be forfeited to the municipality (but no bidder shall forfeit such deposit whenever the securities are not ready and so tendered for delivery within 60 days from the date of the acceptance of his bid), and the governing body may accept the bid of the person making the next best bid.

      3.  If all bids are rejected [,] or if no bid is received, the governing body may readvertise the securities for sale in the same manner as provided for the original advertisement or may sell the securities privately [.] within a period not exceeding 90 days from the day designated in the notice of sale when sealed bids for the purchase of the securities were advertised to be received and opened publicly.

      Sec. 40.  NRS 350.630 is hereby amended to read as follows:

      350.630  1.  As the governing body may determine, any bonds and other municipal securities issued hereunder, except as otherwise provided in the Local Government Securities Law, or in any act supplemental thereto, shall:

      (a) Be of a convenient denomination or denominations;

      (b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code-Investment Securities;

      (c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the governing body, except as herein otherwise provided;

      (d) Bear interest at a rate or rates of not more than [7] 8 percent per annum, payable annually, semiannually or at other designated intervals, but the first interest payment date may be for interest accruing for any other period;

      (e) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the governing body; and

      (f) Be printed at such place, within or without this state, as the governing body may determine.

      2.  General obligation bonds shall mature serially within not exceeding 30 years from their respective dates and commencing not later than the third year thereafter, in such manner as the governing body may determine.

      3.  Special obligation bonds shall mature within not exceeding 50 years from their respective dates.

      Sec. 41.  NRS 350.644 is hereby amended to read as follows:

      350.644  The governing body may provide for the redemption of any or all of the bonds or other municipal securities prior to maturity, in such order, by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [6] 8 percent of the principal amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the governing body in the ordinance authorizing the issuance of the securities or other instrument appertaining thereto.


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the ordinance authorizing the issuance of the securities or other instrument appertaining thereto.

      Sec. 42.  NRS 350.678 is hereby amended to read as follows:

      350.678  1.  Except as otherwise provided in NRS 350.674, the proceeds of taxes, pledged revenues and other moneys, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued for the purpose of securing the payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, shall not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.

      2.  Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time or times as the governing body may determine, except as otherwise provided in subsections 2 and 3 of NRS 350.630.

      3.  Any bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [7] 8 percent per annum.

      Sec. 43.  NRS 350.694 is hereby amended to read as follows:

      350.694  1.  No bonds may be refunded hereunder unless they have been outstanding for at least 1 year from the date of their delivery and 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 15 years from the date of issuance of the refunding bonds. Provision shall be made for paying the securities within such period of time.

      2.  No maturity of any bond refunded may be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest on any bond refunded be increased to any rate exceeding [7] 8 percent per annum.

      3.  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. Principal may also then be increased to that extent. In no event, however, in the case of any bonds constituting a debt shall the principal of the bonds be increased to any amount in excess of any municipal debt limitation.

      4.  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. 43.3.  NRS 387.335 is hereby amended to read as follows:

      387.335  1.  The board of trustees of a county school district may, when in its judgment it is advisable, call an election and submit to the electors of the county school district the question whether the negotiable coupon bonds of the county school district shall be issued and sold for the purpose of raising money for the following purposes, and no others:

 


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coupon bonds of the county school district shall be issued and sold for the purpose of raising money for the following purposes, and no others:

      (a) Construction or purchase of new school buildings, including but not limited to teacherages, dormitories, dining halls, gymnasiums and stadiums.

      (b) Enlarging, remodeling or repairing existing school buildings, including but not limited to teacherages, dormitories, dining halls, gymnasiums and stadiums.

      (c) Acquiring school building sites or additional real property for necessary school purposes, including but not limited to playgrounds, athletic fields and sites for stadiums.

      (d) Purchasing necessary school equipment.

      (e) Refunding of any outstanding valid indebtedness of the county school district, evidenced by bonds, when the interest rate or rates on the indebtedness are to be increased or any bond maturity is to be extended.

      2.  Any one or more of the purposes enumerated in subsection 1, except that of refunding any outstanding valid indebtedness of the county school district evidenced by bonds, may, by order of the board of trustees entered in its minutes, be united and voted upon as one single proposition.

      Sec. 44.  NRS 396.850 is hereby amended to read as follows:

      396.850  Except as herein otherwise provided and as otherwise provided in any other act the provisions of which are relevant by express reference herein thereto, any securities issued hereunder shall be:

      1.  In such form;

      2.  Issued in such manner, at, above or below par at a discount not exceeding [7] 8 percent of the principal amount of the securities, at public or private sale, and at a price which will result in an effective interest rate of not more than [7] 8 percent per annum; and

      3.  Issued with such recitals, terms, covenants, conditions and other provisions,

as may be provided by the board in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.

      Sec. 45.  NRS 396.828 is hereby amended to read as follows:

      396.828  “Pledged revenues” means the moneys pledged wholly or in part for the payment of bonds or other securities issued hereunder, and, subject to any existing pledges or other contractual limitations, may include at the board’s discretion, all loans, grants or contributions to the university or board, if any, conditional or unconditional, from the Federal Government, the state, any public body or other donor for the payment of the principal of, the interest on, and any prior redemption premiums due in connection with any securities issued hereunder, or any combination thereof, and may so include income or moneys derived from one, all or any combination of the following revenue sources, including without limitation student fees and other fees, rates and charges appertaining thereto:

      1.  Dormitories, apartments and other housing facilities;

      2.  Cafeterias, dining halls and other food service facilities;

      3.  Student union and other student activities facilities;

      4.  Store or other facilities for the sale or lease of books, stationery, student supplies, faculty supplies, office supplies and like material;


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ê1971 Statutes of Nevada, Page 2121 (Chapter 679, SB 348)ê

 

      5.  Stadium, arena, theater, fieldhouse and other athletic or recreation facilities for use in part by spectators or otherwise;

      6.  Land and any structures, other facilities, or other improvements thereon used or available for use for the parking of vehicles used for the transportation by land or air of persons to or from such land and any improvements thereon;

      7.  Properties providing heat or any other utility furnished by the university or the board to any facilities on its campus; and

      8.  Investments and reinvestments of unrestricted endowments.

      Sec. 46.  NRS 396.829 is hereby amended to read as follows:

      396.829  The term “pledged revenues” does not include any of the following:

      1.  The proceeds of any tuition charges and registration fees;

      2.  The principal of any endowments, restricted or unrestricted;

      3.  The proceeds of any levy of any general (ad valorem) property taxes;

      4.  The proceeds of any grants, appropriations or other donations from the Federal Government, this state or any other donor [;] except as otherwise provided in NRS 396.828; and

      5.  The income or moneys derived from the operation of any buildings, structures, or other facilities of the university or the board not hereinabove designated in NRS 396.828.

      Sec. 46.3.  NRS 396.834 is hereby amended to read as follows:

      396.834  “State” means the State of Nevada, [in the United States.] or any board, department or other agency or instrumentality thereof, in the United States; and where the context so indicates, “state” means the geographical area comprising the State of Nevada.

      Sec. 46.5.  NRS 396.837 is hereby amended to read as follows:

      396.837  “United States” means the United States of America [.] ; and where the context so indicates, “United States” means the geographical area comprising the United States of America.

      Sec. 47.  NRS 396.852 is hereby amended to read as follows:

      396.852  1.  As the board may determine, any bonds and other securities issued hereunder (except as herein otherwise provided) shall:

      (a) Be of a convenient denomination or denominations;

      (b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code-Investment Securities;

      (c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the board, but not exceeding 50 years from their date;

      (d) Bear interest at a rate or rates of not more than [7] 8 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 other period;

      (e) Be made payable in lawful money of the United States, at the office of the treasurer of the university or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the board; and

      (f) Be printed at such place within or without this state, as the board may determine.


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      2.  Any bonds issued hereunder shall have one or two sets of interest coupons, bearing the number of the bond to which they are respectively attached, numbered consecutively in regular numerical order, and 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.

      Sec. 48.  NRS 396.854 is hereby amended to read as follows:

      396.854  The board may provide for the redemption of any or all of the bonds or other securities prior to maturity, in such order, by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [6] 8 percent of the principal amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the board in the resolution authorizing the issuance of the securities or other instrument appertaining thereto.

      Sec. 48.5.  NRS 396.862 is hereby amended to read as follows:

      396.862  Any resolution providing for the issuance of any bonds or other securities hereunder payable from pledged revenues and any indenture or other instrument or proceedings appertaining thereto may at the discretion of the board contain covenants or 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 of such securities, including without limitation covenants or other provisions as to any one or more of the following:

      1.  The pledged revenues 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 use of any properties or facilities, prohibition against free service, the collection of penalties and collection costs, and the use and disposition of any moneys of the university or the board, derived or to be derived, from any source herein designated;

      2.  The acquisition, improvement or equipment of all or any part of properties pertaining to any project or any facilities;

      3.  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 facilities, or part thereof, and the source, custody, security, regulation, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto;

      4.  A fair and reasonable payment by the university or the board from the general fund of the university or the board or other available moneys to the account of any designated facilities for services rendered thereby to the university or the board;

      5.  The payment of the cost of any project by delineating 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;

      6.  The application of any accrued interest and any premium from the sale of any bonds or other securities hereunder to the cost of a project, to any bond fund or other fund or account for the payment of interest on or the principal of the bonds or other securities, or both interest and principal, or to any reserve fund or account therefor, or any combination thereof;

 


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ê1971 Statutes of Nevada, Page 2123 (Chapter 679, SB 348)ê

 

principal, or to any reserve fund or account therefor, or any combination thereof;

      7.  The registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;

      8.  The endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to 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;

      9.  The endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;

      10.  The initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;

      11.  The manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of larger or smaller denominations, which bonds or other securities of larger or smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment;

      12.  The reissuance of any outstanding bond or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code-Investment Securities, or otherwise;

      13.  The temporary investment and any reinvestment of proceeds of bonds or other securities or pledged revenues, or both such proceeds and revenues, in federal securities;

      14.  The deposit of moneys or federal securities, or both moneys and such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state;

      15.  The pledge of and the creation of a lien upon pledged revenues or the proceeds of bonds or other securities pending their application to defray the cost of any project, or both such revenues and proceeds of securities, to secure the payment of bonds or other securities issued hereunder;

      16.  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 pledged revenues or other moneys pledged for the payment of securities and the creation of future liens and encumbrances thereagainst;


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ê1971 Statutes of Nevada, Page 2124 (Chapter 679, SB 348)ê

 

      17.  The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of the facilities or any property of the board or university; and the making and enforcement of reasonable parietal rules that shall insure the use of the facilities by all students in attendance at the university who reside on the campus of the university, or otherwise, to the maximum extent to which the facilities are capable of serving such students;

      18.  The determination or definition of pledged revenues from any facilities or of operation and maintenance expenses of facilities, the use and disposition of such revenues and the manner of and limitations upon paying such expenses;

      19.  The creation of special funds and accounts appertaining to any pledged revenues or to the bonds or other securities issued hereunder;

      20.  The insurance to be carried by the university or the board or any other person in interest and use and disposition of insurance moneys, the acquisition of completion, performance, surety and fidelity bonds appertaining to any project or funds, or both, and the use and disposition of any proceeds of such bonds;

      21.  Books of account, the inspection and audit thereof, and other records appertaining to any project, facilities or pledged revenues;

      22.  The assumption or payment or discharge of any obligation, lien or other claim relating to any part of any project, any facilities, or any securities having or which may have a lien on any part of any pledged revenues or other moneys of the board or university;

      23.  Limitations on the powers of the university or the board to acquire or operate, or permit the acquisition or operation of, any structures, facilities or properties which may compete or tend to compete with any facilities;

      24.  The vesting in a corporate or other trustee or trustees such property, rights, powers and duties in trust as the board 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;

      25.  The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the resolution or of any covenant or contract with the holders of the securities;

      26.  Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the university or the board of any covenants, conditions or obligations;

      27.  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;

      28.  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 any facilities or service, 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 board itself might do;

      29.  A procedure by which the terms of any resolution 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;

 


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ê1971 Statutes of Nevada, Page 2125 (Chapter 679, SB 348)ê

 

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;

      30.  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; and

      31.  All such acts and things as may be necessary or convenient or desirable in order to secure the securities, or in the discretion of the board 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 board power to do all things in the issuance of the university’s or the board’s securities and for their security except as herein expressly limited.

      Sec. 49.  NRS 396.869 is hereby amended to read as follows:

      396.869  1.  Pledged revenues and other moneys, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued for the purpose of securing the payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures.

      2.  Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time or times as the board may determine, but in no event exceeding 50 years from the dates of such bonds and such interim debentures, or if the dates are not the same, from whichever date is the earlier.

      3.  Any bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [7] 8 percent per annum.

      Sec. 50.  NRS 396.874 is hereby amended to read as follows:

      396.874  1.  No bonds may be refunded hereunder unless they have been outstanding for at least 1 year from the date of their delivery and 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 15 years from the date of issuance of the refunding bonds. Provision shall be made for paying the securities within such period of time.

      2.  No maturity of any bond refunded may be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest thereon be increased to any rate exceeding [7] 8 percent per annum.

      3.  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. Principal may also then be increased to that extent.


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      4.  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. 50.1.  The University Securities Law, being NRS 396.809 to 396.885, inclusive, is hereby amended by adding thereto the provisions set forth as sections 50.3 to 50.9, inclusive, of this act.

      Sec. 50.3.  “Chancellor of the university” means the de facto or de jure presiding officer of the University of Nevada and its chief administrative officer, now designated as the chancellor of the University of Nevada System, and formerly designated as the president of the University of Nevada, or his successor in functions, if any. “Chancellor of the university” does not mean the chief administrative officer of either the branch of the university in Washoe County or the branch of the university in Clark County, now designated respectively as the “president of the University of Nevada, Reno” and the “president of the University of Nevada, Las Vegas.” The latter officer was formerly designated as the “chancellor of Nevada Southern University.” Both of these officers are responsible and subordinate to the chancellor of the University of Nevada System.

      Sec. 50.5.  “Disposal” or “dispose” means the sale, destruction, razing, loan, lease, grant, transfer, assignment, option to sell, other contract, or other disposition, or any combination thereof, of facilities, other property, or any interest therein.

      Sec. 50.7.  “Equip” or “equipment” means the furnishing of all related or appurtenant machinery, furnishings, apparatus, paraphernalia and other gear, or any combination thereof, pertaining to any project or other property, or any interest therein.

      Sec. 50.9.  1.  Before the board delivers any securities under the University Securities Law, all such securities shall be registered by the treasurer of the university in a book kept in his office for that purpose.

      2.  The register shall show:

      (a) The aggregate principal amount of the securities and the denomination of each of the securities;

      (b) The time of payment of each of the securities; and

      (c) The rate of interest each of the securities bears.

      3.  After registration by the treasurer, the treasurer shall cause the securities to be delivered to the purchaser or purchasers thereof from the board upon payment being made therefor on the terms of the sale or sales.

      Sec. 51.  NRS 403.310 is hereby amended to read as follows:

      403.310  All bonds shall bear interest at not to exceed [6] 8 percent per annum, payable semiannually, according to the tenor and effect of the bonds.

      Sec. 52.  NRS 474.250 is hereby amended to read as follows:

      474.250  The bonds shall bear interest at a rate or rates not exceeding [7] 8 percent per annum, payable annually, [on the 1st Monday in January.] semiannually or at other designated intervals, but the first interest payment date may be for interest accruing for any other period.

      Sec. 53.  NRS 539.277 is hereby amended to read as follows:

      539.277  1.  When a contract has been or may hereafter be made with the United States, bonds of the district may be transferred to or deposited with the United States, if so provided by the contract and authorized as set forth in this chapter, at not less than 95 percent of their par value to the amount or any part thereof to be paid by the district to the United States.


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set forth in this chapter, at not less than 95 percent of their par value to the amount or any part thereof to be paid by the district to the United States.

      2.  The interest or principal, or both, of the bonds shall be raised by assessment and levy as prescribed in this chapter and shall be regularly paid to the United States and applied as provided in the contract.

      3.  Bonds transferred to or deposited with the United States may call for the payment of such interest, not exceeding [6] 8 percent per annum, may be of such denomination, and may call for the repayment of the principal at such times as may be agreed upon between the board and the Secretary of the Interior.

      Sec. 54.  NRS 539.280 is hereby amended to read as follows:

      539.280  1.  The contract with the United States may likewise call for the payment of the amount or amounts or any part thereof to be paid by the district to the United States at such times and in such installments and with such interest charges not exceeding [6] 8 percent per annum as may be agreed upon, and for assessment and levy therefor as provided in this chapter.

      2.  The obligations of such contracts shall be a prior lien to any subsequent bond issue.

      Sec. 55.  NRS 539.375 is hereby amended to read as follows:

      539.375  1.  The board of directors of the district may:

      (a) Incur an indebtedness not exceeding, in the aggregate, the sum of $1,500, and not exceeding the estimated cost of preliminary surveys and engineering data; and

      (b) Cause warrants of the district to issue therefor, bearing interest at [6] not exceeding 8 percent per annum.

      2.  The directors of the district shall have the power to levy an assessment on all the lands in such division benefited by such proposed improvements, in addition to any district assessment on the lands within such division, for the payment of such expenses and the redemption of such warrants.

      Sec. 56.  NRS 539.427 is hereby amended to read as follows:

      539.427  The board of directors shall have power to prepare plans and estimates of the cost of such proposed improvement and to determine the manner in which the cost of such improvement shall be provided for. For this purpose the board of directors may propose the issuance of bonds, notes or certificates of indebtedness payable by an assessment or otherwise on the property in the improvement district, bearing not more than [6] 8 percent interest per annum, interest payable semiannually, and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe.

      Sec. 57.  NRS 539.465 is hereby amended to read as follows:

      539.465  1.  If the proposed plan for the funding or refunding of bonds, notes or certificates of indebtedness is approved by the irrigation district bond commission, the board of directors of the irrigation district shall call an election in the improvement district for the purpose of authorizing the issuance of such funding or refunding bonds.

      2.  Such election shall be called and held and the result thereof determined and declared substantially in the same manner provided by this chapter for the issuance of other bonds of improvement districts in irrigation districts, except that a majority vote only shall be required for the authorization of such funding or refunding bonds.


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this chapter for the issuance of other bonds of improvement districts in irrigation districts, except that a majority vote only shall be required for the authorization of such funding or refunding bonds.

      3.  The maturity or maturities of the funding or refunding bonds shall be fixed by the board of directors of the irrigation district, subject to the approval of the irrigation district bond commission, but in no case shall the maturity of any of the bonds be more than 40 years from the date thereof. The rate of interest on such bonds shall not exceed [6] 8 percent per annum, payable semiannually.

      Sec. 58.  NRS 539.480 is hereby amended to read as follows:

      539.480  1.  For the purpose of organization, or for any of the purposes of this chapter, the board of directors may, at any time with the approval of the irrigation district bond commission, incur an indebtedness not exceeding in the aggregate the sum of $50,000, nor in any event exceeding $1 per acre, and may cause warrants of the district to issue therefor, bearing interest at not to exceed [6] 8 percent per annum. The directors shall have the power to levy an assessment of not to exceed $1 per acre on all lands in the district for the payment of such expenses.

      2.  Thereafter the directors shall have the power to levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter of not to exceed 50 cents per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments shall be collected as provided in this chapter for the collection of other assessments.

      Sec. 59.  NRS 539.620 is hereby amended to read as follows:

      539.620  The board of directors shall have the power, with the approval of a majority of the members of the irrigation district bond commission, to fix and determine otherwise than as provided in NRS 539.617 the time for the issuance and maturity of the bonds, the manner, method, terms and conditions of their payment, and to provide for the calling and redeeming of the bonds before maturity at a premium not in excess of [7] 8 percent above par; but in no case shall the maturity of any bond be more than 50 years from the date thereof.

      Sec. 60.  NRS 539.630 is hereby amended to read as follows:

      539.630  The bonds shall bear interest at the rate of not to exceed [7] 8 percent per annum, payable semiannually on January 1 and July 1 of each year.

      Sec. 61.  NRS 540.590 is hereby amended to read as follows:

      540.590  A debt or liability incurred in excess of the provisions of this chapter shall be absolutely void, except:

      1.  That for the purpose of organization or for the purpose of this chapter the board of supervisors may, before the collection of the first annual taxes, cause warrants of the district to issue, bearing interest not exceeding [7] 8 percent per annum.

      2.  In any case where money has been theretofore loaned to the district and actually expended by the board of supervisors for the benefit of the district.

      3.  That in cases of great necessity or emergency the board of supervisors may apply to the state board of finance as provided in chapter 354 of NRS for permission to make a temporary loan to meet such necessity or emergency, and the state board of finance may give its permission as therein provided.


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necessity or emergency, and the state board of finance may give its permission as therein provided. The limit of the loan for such purpose shall be an amount equivalent to an average of $1.50 per acre throughout the district.

      Sec. 62.  NRS 540.720 is hereby amended to read as follows:

      540.720  Bonds shall bear interest at a rate not exceeding [7] 8 percent per annum, payable [semiannually.] annually or semiannually, but the first interest payment date may be for interest accruing for any other period.

      Sec. 63.  NRS 543.710 is hereby amended to read as follows:

      543.710  1.  To carry out the purposes of NRS 543.160 to 543.840, inclusive, the board is authorized to issue general obligation negotiable coupon bonds of the district.

      2.  Bonds shall:

      (a) Bear interest at a rate not exceeding [6] 8 percent per annum, payable semiannually.

      (b) Be due and payable serially, either annually or semiannually, commencing not later than 3 years and extending not more than 40 years from date.

      (c) Be in such denominations as the board determines and the bonds and coupons thereto attached shall be payable to bearer.

      (d) Be executed in the name of and on behalf of the district and signed by the chairman of the board with the seal of the district affixed thereto and attested by the secretary of the board.

      3.  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 bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature. Interest coupons shall bear the original or facsimile signature of the chairman of the board.

      4.  The form and terms of the bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium, not exceeding [4] 8 percent of the principal thereof.

      Sec. 64.  Section 63 of chapter 289, Statutes of Nevada 1957, being the charter of the city of Caliente, as last amended by chapter 644, Statutes of Nevada 1969, at page 1299, 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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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

      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.


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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 [7] 8 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. 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.


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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 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;

      (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;


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      (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 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.

      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.


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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 or 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 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.

      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:


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      (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. 65.  Section 115 of chapter 240, Statutes of Nevada 1965, being the charter of the city of Henderson, at page 471, is hereby amended to read as follows:

      Section 115.  Securities authorized by ordinance; details.

      1.  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] 8 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.

      2.  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.

      3.  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] 8 percent of the principal amount of such securities so redeemed as determined by the council.


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by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding [6] 8 percent of the principal amount of such securities so redeemed as determined by the council.

      Sec. 66.  Section 199 of chapter 240, Statutes of Nevada 1965, being the charter of the city of Henderson, at page 493, is hereby amended to read as follows:

      Section 199.  Interim warrants.

      1.  For the purpose of paying any contractor or otherwise defraying any costs of the project as the same become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the council may issue interim warrants.

      2.  Any interim warrants issued for any construction work shall be issued only upon estimates of the engineer.

      3.  Any interim warrants shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding [7] 8 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the council may determine.

      4.  Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the council pledges the full faith and credit of the city, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the council by ordinance.

      Sec. 67.  Section 210 of chapter 240, Statutes of Nevada 1965, being the charter of the city of Henderson, at page 497, is hereby amended to read as follows:

      Section 210.  Thirty-day payment period; deferred payments.

      1.  All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.

      2.  All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the council so authorizes the payment of assessments.

      3.  Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.

      4.  All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the city to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.

      5.  The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any.


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unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The council may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding [7] 9 percent of the installment or installments of principal so prepaid.

      6.  Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.

      Sec. 68.  Section 212 of chapter 240, Statutes of Nevada 1965, being the charter of the city of Henderson, at page 498, is hereby amended to read as follows:

      Section 212.  Limitations upon deferred payments.

      1.  In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.

      2.  Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments’ due dates shall be payable annually, or semiannually, or quarter-annually, at a rate or rates not exceeding [7] 9 percent per annum.

      3.  Nothing herein contained shall be construed as limiting the discretion of the council in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.

      4.  The council in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the city for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.

      Sec. 69.  Section 226 of chapter 240, Statutes of Nevada 1965, being the charter of the city of Henderson, at page 501, is hereby amended to read as follows:

      Section 226.  Issuance of bonds.

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

      2.  Bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the council, below par at a discount not exceeding [7] 8 percent of the principal amount thereof and at a price which will not result in a net interest cost to the city of more than [7] 8 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 council has 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 council may determine.


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any assessment interest rate, subject to the aforesaid limitation, as the council 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 council 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.  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.  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.  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.  The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the city or any of its officers, agents and employees.

      10.  The council may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the council so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the council 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 council has not elected to proceed under subsection 2 or 3 of section 194, but has elected to proceed under subsection 1 thereof.

      11.  If the council 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 section 189, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.

      Sec. 70.  Section 231 of chapter 240, Statutes of Nevada 1965, being the charter of the city of Henderson, at page 503, is hereby amended to read as follows:

      Section 231.  Maximum bond interest rate.  Assessment bonds shall not bear interest at a rate or rates exceeding [7] 8 percent per annum.

      Sec. 70.5.  Section 232 of chapter 240, Statutes of Nevada 1965, being the charter of the city of Henderson, as amended by chapter 40, Statutes of Nevada 1967, at page 69, is hereby amended to read as follows:

      Section 232.  Bond details.

      1.  Any assessment bonds:

      (a) Shall bear such date or dates;


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      (b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;

      (c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;

      (d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and

      (e) At the option of the council, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [5] 8 percent of the principal amount of each bond so redeemed, as provided by ordinance.

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

      3.  Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the council may determine, may be issued.

      4.  Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or 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.

      5.  Notwithstanding any other provisions of law, the council, in any proceedings authorizing bonds hereunder, may:

      (a) Provide for the initial issuance of one or more bonds (in this subsection 5 called “bond”) aggregating the amount of the entire issue or any portion thereof.

      (b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.

      (c) 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 payment of interest on such bond.

      (d) 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, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.


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      6.  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:

      (a) Proof of ownership.

      (b) Proof of loss or destruction.

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

      (d) Payment of the cost of preparing and issuing the new bond.

      7.  Any bond shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the clerk, with the seal of the city affixed thereto.

      8.  Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the clerk.

      9.  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 bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.

      10.  The clerk may cause the seal of the city to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.

      11.  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 city, 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.

      12.  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.

      Sec. 71.  Section 31 of Chapter II of chapter 132, Statutes of Nevada 1911, being the charter of the city of Las Vegas, as last amended by chapter 526, Statutes of Nevada 1967, at page 1533, 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.


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      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.

      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] 8 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 day 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.


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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] 8 percent per annum, the time and the manner of their payment, and that they are for 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, wheelwrights, 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 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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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, wheelwrights, 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 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.


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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 fakirs, 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.


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ê1971 Statutes of Nevada, Page 2145 (Chapter 679, SB 348)ê

 

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.

      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.


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ê1971 Statutes of Nevada, Page 2146 (Chapter 679, SB 348)ê

 

      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.

      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 buy 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.


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ê1971 Statutes of Nevada, Page 2147 (Chapter 679, SB 348)ê

 

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.

      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.


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ê1971 Statutes of Nevada, Page 2148 (Chapter 679, SB 348)ê

 

      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.

      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.


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ê1971 Statutes of Nevada, Page 2149 (Chapter 679, SB 348)ê

 

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.

      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, nitrogylcerine, 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.


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ê1971 Statutes of Nevada, Page 2150 (Chapter 679, SB 348)ê

 

coal oil, benzine, turpentine, nitrogylcerine, 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.

      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 intent to swindle.

      75.  To prevent intoxication, fighting, quarreling, dogfights, cockfights, prizefights, bullfights, and also all disorderly conduct which tends to violate the peace and quietude of any individual or individuals within the city, and to provide against and to prevent the offenses of assault and battery and petit larceny; 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 street, 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 or obtained by false pretenses does not exceed in value the sum of fifty dollars. The provisions of this subdivision are separate and distinct from the provisions of subdivision No. 73 of this section.

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

      77.  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 Las Vegas whenever such offense is committed within the boundaries of said city.


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ê1971 Statutes of Nevada, Page 2151 (Chapter 679, SB 348)ê

 

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

      78.  To establish, erect and maintain city jails, houses of correction of 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.

      79.  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.

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

      81.  To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, either as sole owner or as tenant in common, with the county of Clark, State of Nevada, both within and without the city boundaries, and as such sole owner or as such tenant in common to improve, operate, regulate, and protect such property, and to do all other things in relation thereto which natural persons might do; including the right to contract for the sale or purchase of real and personal property for a period of not to exceed ten (10) years; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose.

      82.  To erect and maintain all needful buildings for the use of the city.

      83.  Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto, including the right to condemn, appropriate and use real and personal property either alone or jointly with any other incorporated city, the county of Clark, or other municipal corporation beyond the corporate limits for water facilities, including pumping plants, water lines, water distribution system, sewer plants, sewer effluent, sewage disposal lines and appurtenances thereto.

      84.  To authorize, by ordinance, officers of the city police department to direct all traffic in accordance with the provisions of the traffic ordinances of the city, except in times of emergency, at which times such officers may, by such ordinance, direct the traffic as public safety or public convenience may require.

      85.  To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary in the judgment of the board of commissioners to enforce or maintain any right of the city and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of commissioners, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building or any sidewalk or other improvement which benefits the property of the owner thereof. All such suits, actions, and proceedings shall be instituted, commenced, prosecuted and defended, as the case may be, by the city attorney, without additional compensation.


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ê1971 Statutes of Nevada, Page 2152 (Chapter 679, SB 348)ê

 

such suits, actions, and proceedings shall be instituted, commenced, prosecuted and defended, as the case may be, by the city attorney, without additional compensation.

      86.  To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances in, along, over, under and across the streets, alleys, and public places; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places.

      87.  To provide punishment for and suppress the unlawful sale, storage or keeping, offering or exposing for sale or barter, manufacture, storage or keeping, or other disposal of intoxicating liquors within the said city or within one mile outside of the city limits.

      88.  To require the construction and repair of sidewalks, curbs and gutters by the owners of abutting lots, and to construct and repair the same at city expense; provided, however, that if the expense thereof shall be paid by the city, the same shall constitute a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied and collected, and said lien shall be completed by the filing of a statement of the cost thereof with a description of the property in the office of the County Recorder of Clark County, Nevada.

      89.  To adopt and enforce by ordinance all such regulations, in case no express provision is in this act made, as the board of commissioners may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances of any other subject of municipal control or to carry into force or effect any further powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose or intent thereof.

      Sec. 71.5.  Section 70 of Chapter II of chapter 132, Statutes of Nevada 1911, being the charter of the city of Las Vegas, as last amended by chapter 173, Statutes of Nevada 1961, at page 272, is hereby amended to read as follows:

      Section 70.  Special Assessments-A Lien on Property-Method of Payment.  All special assessments shall from the date of approval of the final assessment roll constitute a lien upon the respective lots or parcels of land assessed. Said special assessments shall be due and payable without demand and without interest within 30 days from the aforesaid approval of the final assessment roll. All assessments remaining unpaid at the end of the aforesaid cash payment period, at the option of the board of commissioners, may be made payable in not less than four nor more than 10 equal annual installments of principal, with interest thereon at a rate of interest not exceeding [7] 9 percent per annum. The lien upon any payment shall be released upon payment on any regular payment date of the total principal due and interest to that date, or upon payment at any other time of the total principal due and interest to the next regular payment date. Any penalty which may be established by the board of commissioners in the assessment ordinance must also be paid in full before the lien will be released.


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ê1971 Statutes of Nevada, Page 2153 (Chapter 679, SB 348)ê

 

commissioners in the assessment ordinance must also be paid in full before the lien will be released.

      Sec. 72.  Section 77 1/2 of Chapter II of chapter 132, Statutes of Nevada 1911, being the charter of the city of Las Vegas, as added by chapter 132, Statutes of Nevada 1949, and last amended by chapter 419, Statutes of Nevada 1963, at page 1105, is hereby amended to read as follows:

      Section 77 1/2.  Improvement Bonds.  When the board shall determine to make any public improvement, such as installing, reinstalling, constructing, reconstructing, repairing sewers, installing waterlines and accessories thereto and fire hydrants, drains, or storm drains, laying out, establishing, opening, altering, widening, extending any streets, avenues, or alleys, or improving the same by grading, regrading, oiling, reoiling, graveling, regraveling, paving, repaving, macadamizing, remacadamizing, concreting, reconcreting, surfacing, resurfacing, parking, reparking, curbing, recurbing, draining, cleaning, installing or reinstalling street lights, sidewalks and crosswalks, repairing or in any other way improving said streets, avenues, or alleys, including but not necessarily limited to intersections and spaces opposite alleys, and shall determine to defray the whole or any part of the cost or expense thereof by special assessment, said 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 said assessment remains unpaid, without submitting the question to the electors of the city at any general or special election, cause to be issued bonds of the city, in an amount not exceeding the assessments outstanding and unpaid at the end of the cash payment period, for the purpose of paying the cost or expense of such improvement. Said bonds shall be called “(insert name of street or location of sewers or drains) Improvement Bonds,” shall be signed by the mayor and countersigned by the city clerk, and shall not be sold for less than their par value nor before the work of said improvement is ordered. Said bonds may bear interest at a rate or at rates not to exceed [] 8 percent per annum in any 1 year; provided, however, the highest interest rate to be borne by the bonds shall be at least one-half of 1 percent less than the rate of interest to be borne by deferred installments of assessments (i.e., assessments remaining unpaid after the 30-day cash payment period) from which the bonds are payable. Said bonds may be serial or term in form, shall be payable within a period of not to exceed 10 years, and shall be in such form and denominations as the board of commissioners shall determine.

      The special assessment, when levied, shall be and remain a lien on the respective lots and parcels of land assessed from the confirmation of the final assessment roll until paid, as in this act provided, and, when collected, shall be placed in a special fund to be known as “(insert name of street or location of sewers or drains) Improvement Bond Interest and Redemption Fund,” and as such shall at all times constitute a sinking fund for and deemed specially appropriated to the payment of said bonds and interest thereon, and shall not be used for any other purpose until said bonds and the interest thereon is fully paid.

      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.


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ê1971 Statutes of Nevada, Page 2154 (Chapter 679, SB 348)ê

 

evidence of the regularity of all proceedings up to the issuance of such bonds.

      In the event that the special fund created by the proceeds of the special assessment shall be insufficient to pay said bonds and interest thereon as they become due, the deficiency shall be paid out of the general fund.

      Sec. 73.  Section 33 of Chapter II of chapter 283, Statutes of Nevada 1953, being the charter of the city of North Las Vegas, as last amended by chapter 644, Statutes of Nevada 1969, at page 1305, 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.


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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. 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


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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 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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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. 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 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 [7] 8 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. 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 receipt 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 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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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. The validity of said bonds shall not be dependent on or 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;

 


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ê1971 Statutes of Nevada, Page 2159 (Chapter 679, SB 348)ê

 

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 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.


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ê1971 Statutes of Nevada, Page 2160 (Chapter 679, SB 348)ê

 

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 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;


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ê1971 Statutes of Nevada, Page 2161 (Chapter 679, SB 348)ê

 

      (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.

      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.


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ê1971 Statutes of Nevada, Page 2162 (Chapter 679, SB 348)ê

 

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.

      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 of 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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ê1971 Statutes of Nevada, Page 2163 (Chapter 679, SB 348)ê

 

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.

      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 handbills or advertisement.


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for support of wires or cables, horse troughs or racks, or for posting handbills 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.

      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.


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ê1971 Statutes of Nevada, Page 2165 (Chapter 679, SB 348)ê

 

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.

      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 lightening 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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ê1971 Statutes of Nevada, Page 2166 (Chapter 679, SB 348)ê

 

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.

      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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ê1971 Statutes of Nevada, Page 2167 (Chapter 679, SB 348)ê

 

and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons, and others for default therein.

      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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ê1971 Statutes of Nevada, Page 2168 (Chapter 679, SB 348)ê

 

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 asesmbly, 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 of 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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ê1971 Statutes of Nevada, Page 2169 (Chapter 679, SB 348)ê

 

      73.  To prevent intoxication, fighting, quarreling, dogfights, cockfights, prize fights, bull fights 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.

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

      75.  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.

      76.  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, marihuana, codeine, heroin, anhalonium (peyote or mescal button).

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

      78.  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.

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

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

      81.  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.

      82.  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.


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ê1971 Statutes of Nevada, Page 2170 (Chapter 679, SB 348)ê

 

      Sec. 74.  Section 68 of Chapter III of chapter 283, Statutes of Nevada 1953, being the charter of the city of North Las Vegas, as added by chapter 447, Statutes of Nevada 1963, at page 1252, is hereby amended to read as follows:

      Section 68.  Interim Warrants.  1.  For the purpose of paying any contractor or otherwise defraying any costs of the project as the same become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the city council may issue interim warrants.

      2.  Any interim warrants issued for any construction work shall be issued only upon estimates of the engineer.

      3.  Any interim warrants shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding [7] 8 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the city council may determine.

      4.  Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the city council pledges the full faith and credit of the city, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the city council by ordinance.

      Sec. 75.  Section 79 of Chapter III of chapter 283, Statutes of Nevada 1953, being the charter of the city of North Las Vegas, as added by chapter 447, Statutes of Nevada 1963, and last amended by chapter 543, Statutes of Nevada 1969, at page 958, is hereby amended to read as follows:

      Section 79.  Thirty-Day Payment Period; Deferred Payments.

      1.  All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.

      2.  All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the city council so authorizes the payment of assessments.

      3.  Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.

      4.  All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the city to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.

      5.  The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any.


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ê1971 Statutes of Nevada, Page 2171 (Chapter 679, SB 348)ê

 

date, together with penalties, if any. The city council may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding [7] 9 percent of the installment or installments of principal so prepaid.

      6.  Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.

      7.  The city clerk shall give notice by publication or by mail of the levy of any assessment, of the fact that it is payable, and of the last day for its payment as herein provided.

      Sec. 76.  Section 81 of Chapter III of chapter 283, Statutes of Nevada 1953, being the charter of the city of North Las Vegas, as added by chapter 447, Statutes of Nevada 1963, at page 1257, is hereby amended to read as follows:

      Section 81.  Limitations Upon Deferred Payments.  1.  In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semi-annual installments, or not less than eight nor more than 80 quarter-annual installments of principal.

      2.  Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments’ due dates shall be payable annually, or semiannually, or quarter-annually, at a rate or rates not exceeding [7] 9 percent per annum.

      3.  Nothing herein contained shall be construed as limiting the discretion of the city council in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.

      4.  The city council in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the city for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.

      Sec. 77.  Section 95 of Chapter III of chapter 283, Statutes of Nevada 1953, being the charter of the city of North Las Vegas, as added by chapter 447, Statutes of Nevada 1963, at page 1260, is hereby amended to read as follows:

      Section 95.  Issuance of Bonds.  1.  Any bonds issued pursuant hereto may be sold in such manner as may be approved by the city council to defray the cost of the project, including all proper incidental expenses.

      2.  Bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the city council, below par at a discount not exceeding [7] 8 percent of the principal amount thereof and at a price which will not result in a net interest cost to the city of more than [7] 8 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 city council shall have been capitalized as a cost of the project.


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ê1971 Statutes of Nevada, Page 2172 (Chapter 679, SB 348)ê

 

maximum or any lesser amount of discount permitted by the city council 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 city council may determine.

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

      5.  The city council 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.  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.  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.  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.  The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the city or any of its officers, agents and employees.

      10.  The city council may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the city council so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the city council 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 city council has not elected to proceed under subsection 2 or 3 of section 63 hereof, but has elected to proceed under subsection 1 thereof.

      11.  If the city council 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 section 58 hereof, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.

      Sec. 78.  Section 100 of Chapter III of chapter 283, Statutes of Nevada 1953, being the charter of the city of North Las Vegas, as added by chapter 447, Statutes of Nevada 1963, at page 1262, is hereby amended to read as follows:

      Section 100.  Maximum Bond Interest Rate.  Assessment bonds shall not bear interest at a rate or rates exceeding [7] 8 percent per annum.


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ê1971 Statutes of Nevada, Page 2173 (Chapter 679, SB 348)ê

 

      Sec. 78.5.  Section 101 of Chapter III of chapter 283, Statutes of Nevada 1953, being the charter of the city of North Las Vegas, as added by chapter 447, Statutes of Nevada 1963, and amended by chapter 40, Statutes of Nevada 1967, at page 71, is hereby amended to read as follows:

      Section 101.  Bond Details.

      1.  Any assessment bonds:

      (a) Shall bear such date or dates;

      (b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;

      (c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;

      (d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and

      (e) At the option of the city council, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [5] 8 percent of the principal amount of each bond so redeemed,

as provided by ordinance.

      2.  Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, 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.

      3.  Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the city council may determine, may be issued.

      4.  Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or 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.

      5.  Notwithstanding any other provisions of law, the city council, in any proceedings authorizing bonds hereunder, may:

      (a) Provide for the initial issuance of one or more bonds (in this subsection 5 called “bond”) aggregating the amount of the entire issue or any portion thereof.

      (b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.

      (c) 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.


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ê1971 Statutes of Nevada, Page 2174 (Chapter 679, SB 348)ê

 

and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.

      (d) 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, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.

      6.  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 city council:

      (a) Proof of ownership.

      (b) Proof of loss or destruction.

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

      (d) Payment of the cost of preparing and issuing the new bond.

      7.  Any bond shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the clerk, with the seal of the city affixed thereto.

      8.  Except for such bonds which are registrable for payment of interest, interest coupons payable to bearers shall be attached to the bonds and shall bear the original or facsimile signature of the clerk.

      9.  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 bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.

      10.  The clerk may cause the seal of the city to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.

      11.  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 city, 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.

      12.  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.

      Sec. 79.  Section 4 of Article XVIII of chapter 102, Statutes of Nevada 1903, being the charter of the city of Reno, as added by chapter 204, Statutes of Nevada 1937, and last amended by chapter 434, Statutes of Nevada 1969, at page 739, is hereby amended to read as follows:

      Section 4.  1.  The city council shall have the power to purchase, construct, reconstruct, condemn, install, alter, enlarge, extend, improve, better, equip, furnish, or otherwise acquire one or more of the following facilities, together with necessary components, appurtenances and sites therefor, to wit:


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ê1971 Statutes of Nevada, Page 2175 (Chapter 679, SB 348)ê

 

      (a) A sanitary sewer system, storm sewer system, municipal transportation system, flood control system or drainage system;

      (b) A city hall, police stations, jails, fire stations, courthouses, garages, municipal office buildings, maintenance shops, off-street parking garages, libraries, auditoriums, convention halls, recreation centers, transportation terminals, museums, fallout shelters or public buildings;

      (c) Parks, zoos, golf courses, swimming pools, skating rinks or recreational structures;

      (d) Airports, garbage disposal facilities, parking lots or public projects;

      (e) Streets, alleys, boulevards, highways, overpasses, underpasses, curbs, gutters, sidewalks, bridges or facilities for pedestrian or vehicular traffic;

      (f) Vehicles or equipment for any department of the city;

and to wholly or partially defray the cost thereof by the issuance of debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds or notes (hereafter sometimes collectively referred to in this section as “securities”), or to issue such securities for any other corporate purpose or purposes as may be determined by the council, subject, however, to constitutional limitations. Any power granted by Section 4 or Article XVIII may be exercised on one or more occasions and, if the council deems it appropriate, jointly with any other power granted by said section.

      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 to additionally secure their payment. The council shall, in the manner provided by law, including with limitation the Local Government Securities Law as from time to time amended, make an annual levy sufficient to meet the payments of principal and interest on securities issued pursuant to subsection 2 of Section 4 or Article XVIII, as the same become due, provided that the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent that other revenues of the city are available for the payment of such principal and interest.

      3.  As an alternative to the procedure prescribed by subsection 2 of Section 4 of Article XVIII, 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 subject 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.


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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. Subject to being included within the limitation on indebtedness of Section 3, Article XVI, 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.

      4.  Securities issued pursuant to Section 4 of Article XVIII shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, and shall mature at any time or times from and after such date or dates as the Council may determine, but in no event shall any security be issued to run for a longer period than 30 years from the date of such security. Said securities shall bear interest at a rate or rates not exceeding [7] 8 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first interest payment date appertaining to any security may be at any time within 1 year from the date of such security as may be prescribed by the authorizing ordinance; and said 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 said securities, at the option of the council, may be in one or more series and 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] 8 percent of the principal amount of each security so redeemed as determined by the council.

      5.  Each series of securities issued pursuant to subsection 2 of Section 4 of Article XVIII 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 in any other manner the council may determine.

      6.  Each series of securities issued pursuant to subsection 3 of Section 4 of Article XVIII may mature without limitation as to time, manner or amount but not exceeding the maximum term heretofore specified nor the estimated duration of any revenues pledged to the payment of said securities, whichever is earlier.

      7.  Securities issued pursuant to Section 4 of Article XVIII, shall be negotiable in form, fully negotiable within the meaning of and for all purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities, and payable to bearer, subject to any provisions for their registration for payment. Securities may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at the holder’s option, or for registration for payment only in either manner designated; 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 or for reconverting the securities into coupon securities, or both for such endorsement and such reconversion.


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ê1971 Statutes of Nevada, Page 2177 (Chapter 679, SB 348)ê

 

for payment only in either manner designated; 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 or for reconverting the securities into coupon securities, or both for such endorsement and such reconversion. Unless registered for payment as to both principal and interest and there thus be no coupons, said securities shall have negotiable interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each set of coupons attached to any security, if interest on said security is represented by coupons, shall be consecutively numbered and each coupon shall bear the number of the security to which it is attached. Said securities shall be signed by the mayor of the city, countersigned by the county treasurer as ex officio city treasurer, and signed and attested by the city clerk, with the seal of the city affixed thereto, and coupons, if any, shall bear the facsimile signature of said treasurer. Any of said officers, after filing with the secretary of state his or her manual signature certified under oath, may execute or cause to be executed with a facsimile signature in lieu of his or her 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. The clerk of the city may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile on any security. A facsimile signature or facsimile seal shall have the same legal effect as if manually signed or impressed upon the security or coupon, as the case may be. The securities and any coupons thereto attached, 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 shall have ceased to fill their respective offices. Any officer herein authorized or permitted to sign any security or interest coupon, 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 securities or coupons appertaining thereto, or upon both the securities and such coupons.

      8.  Securities issued pursuant to Section 4 of Article XVIII 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 said ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.

      9.  Any ordinance authorizing the issuance of securities pursuant to subsections 2 or 3 of Section 4 of Article XVIII 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:


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ê1971 Statutes of Nevada, Page 2178 (Chapter 679, SB 348)ê

 

      (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.

      (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.


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ê1971 Statutes of Nevada, Page 2179 (Chapter 679, SB 348)ê

 

      (m) The vesting in a corporate or other trustee or trustees 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 rising 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.

      (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.

      10.  Before offering securities issued pursuant to subsection 2 or subsection 3 of Section 4 or Article XVIII for public sale or before adopting an ordinance authorizing the issuance of such securities which have been privately sold, the council shall submit the question of issuing said securities to the electors of the city at a general election or at a special election which the council may call for that purpose. The question to be submitted at said election shall contain the purpose or purposes for which the securities are to be issued, the maximum amount of the securities, the maximum rate of interest, not to exceed [7] 8 percent per annum, the maximum number of years which the securities are to run, and such other details as the council may, in its discretion, determine.


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ê1971 Statutes of Nevada, Page 2180 (Chapter 679, SB 348)ê

 

maximum number of years which the securities are to run, and such other details as the council may, in its discretion, determine. Whenever the council has ordered an election, the city clerk shall cause notice of the election to be published in some newspaper having a general circulation in the city once in each calendar week for 2 successive calendar weeks by two 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 the election. Except as hereafter provided, the notice of election shall contain:

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

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

      (c) The purposes for which the securities are issued.

      (d) The maximum amount of the securities.

      (e) The maximum rate of interest, not to exceed [7] 8 percent per annum.

      (f) The maximum number of years which the securities are to run. If the election is consolidated with the general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the general election. Such election shall be held and conducted as nearly as possible as provided by NRS 350.020 to 350.070, both inclusive, as from time to time amended and supplemented, and, to the extent not inconsistent herewith, in the manner provided for the election of city officers. No ordinance, resolution, question of issuing securities or other proceeding of the council adopted in the exercise of the powers conferred by this Section 4 or Article XVIII shall be subject to any referendum or other vote of the electors.

      11.  The council is hereby authorized to sell such securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS 350.616 to 350.626, both inclusive, as from time to time amended, or at private sale. Securities 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 [7] 8 percent of the principal amount thereof and at a price which will not result in an effective interest rate of more than [7] 8 percent per annum. No discount or commission shall be allowed or paid on the sale of such bonds (except as herein otherwise provided). The council 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 securities.

      12.  This Section 4 of Article XVIII, without reference to other statutes of the state, except as herein otherwise specifically provided, shall constitute full authority for the acquisition of facilities and the authorization and issuance of securities hereunder. Except as provided by Section 3 of Article XVI of this charter, no other statute or law or provision of this charter with regard to the acquisition of facilities and the authorization or issuance of securities that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this Section 4 of Article XVIII shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this Section 4 of Article XVIII shall not affect the powers conferred by any other provision of this charter.


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ê1971 Statutes of Nevada, Page 2181 (Chapter 679, SB 348)ê

 

for, and the limitations imposed by this Section 4 of Article XVIII shall not affect the powers conferred by any other provision of this charter. No part of this Section 4 of Article XVIII shall repeal or affect any other law or part thereof, it being intended that this Section 4 of Article XVIII shall provide a separate method for the city of accomplishing its objectives, and not an exclusive one and this Section 4 shall not be construed as repealing, amending or changing any such other law. This Section 4 of Article XVIII shall have no application and shall not operate as a limitation on special assessment or local improvement securities issued pursuant to any general or special act.

      Sec. 80.  Section 15.01 of Article XV of chapter 180, Statutes of Nevada 1949, being the charter of the city of Sparks, as last amended by chapter 49, Statutes of Nevada 1971, 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 maintenances 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 [7] 8 percent per annum, which interest may be evidence 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 director of the department of finance 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 [7] 8 percent of the principal amount of such securities so redeemed as determined by the council.


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ê1971 Statutes of Nevada, Page 2182 (Chapter 679, SB 348)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 [7] 8 percent per annum, which interest may be evidence 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 director of the department of finance 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 [7] 8 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:

             (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.


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ê1971 Statutes of Nevada, Page 2183 (Chapter 679, SB 348)ê

 

(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 director of the department of finance, 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 director of the department of finance.

      (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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ê1971 Statutes of Nevada, Page 2184 (Chapter 679, SB 348)ê

 

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.


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      (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.

      (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.


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ê1971 Statutes of Nevada, Page 2186 (Chapter 679, SB 348)ê

 

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 350.616 to 350.626, inclusive, or at private sale. 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, the electors voting on the question 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. 81.  Section 20.65 of Article XX of chapter 180, Statures of Nevada 1949, being the charter of the city of Sparks, as added by chapter 347, Statutes of Nevada 1963, at page 727, is hereby amended to read as follows:

      Section 20.65.  1.  For the purpose of paying any contractor or otherwise defraying any costs of the project as the same become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the city council may issue interim warrants.

      2.  Any interim warrants issued for any construction work shall be issued only upon estimates of the engineer.

      3.  Any interim warrants shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding [7] 8 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the city council may determine.


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ê1971 Statutes of Nevada, Page 2187 (Chapter 679, SB 348)ê

 

such place or places within and without the state, including but not limited to the county treasurer, as the city council may determine.

      4.  Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the city council pledges the full faith and credit of the city, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the city council by ordinance.

      Sec. 82.  Section 20.76 of Article XX of chapter 180, Statutes of Nevada 1949, being the charter of the city of Sparks, as added by chapter 347, Statutes of Nevada 1963, and amended by chapter 469, Statutes of Nevada 1965, at page 1263, is hereby amended to read as follows:

      Section 20.76.  1.  All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.

      2.  All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the city council so authorizes the payment of assessments.

      3.  Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.

      4.  All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the city to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.

      5.  The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The city council may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding [7] 9 percent of the installment or installments of principal so prepaid.

      6.  Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.

      Sec. 83.  Section 20.78 of Article XX of chapter 180, Statutes of Nevada 1949, being the charter of the city of Sparks, as added by chapter 347, Statutes of Nevada 1963, at page 732, is hereby amended to read as follows:

      Section 20.78.  1.  In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.

      2.  Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments’ due dates shall be payable annually, or semi-annually, or quarter-annually, at a rate or rates not exceeding [7] 9 percent per annum.


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ê1971 Statutes of Nevada, Page 2188 (Chapter 679, SB 348)ê

 

effective date of the assessment ordinance until the respective installments’ due dates shall be payable annually, or semi-annually, or quarter-annually, at a rate or rates not exceeding [7] 9 percent per annum.

      3.  Nothing herein contained shall be construed as limiting the discretion of the city council in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.

      4.  The city council in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the city for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.

      Sec. 84.  Section 20.92 of Article XX of chapter 180, Statutes of Nevada 1949, being the charter of the city of Sparks, as added by chapter 347, Statutes of Nevada 1963, at page 736, is hereby amended to read as follows:

      Section 20.92.  1.  Any bonds issued pursuant hereto may be sold in such manner as may be approved by the city council to defray the cost of the project, including all proper incidental expenses.

      2.  Bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the city council, below par at a discount not exceeding [7] 8 percent of the principal amount thereof and at a price which will not result in a net interest cost to the city of more than [7] 8 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 city council 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 city council 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 city council 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.  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.  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.


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ê1971 Statutes of Nevada, Page 2189 (Chapter 679, SB 348)ê

 

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

      10.  The city council may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the city council so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the city council 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 city council has not elected to proceed under subsection 2 or 3 of section 20.60 hereof, but has elected to proceed under subsection 1 thereof.

      11.  If the city council 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 section 20.55 hereof, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.

      Sec. 85.  Section 20.97 of Article XX of chapter 180, Statutes of Nevada 1949, being the charter of the city of Sparks, as added by chapter 347, Statutes of Nevada 1963, at page 738, is hereby amended to read as follows:

      Section 20.97.  Assessment bonds shall not bear interest at a rate or rates exceeding [7] 8 percent per annum.

      Sec. 85.5.  Section 20.98 of Article XX of chapter 180, Statutes of Nevada 1949, being the charter of the city of Sparks, as added by chapter 347, Statutes of Nevada 1963, at page 738, is hereby amended to read as follows:

      Section 20.98.  1.  Any assessment bonds:

      (a) Shall bear such date or dates;

      (b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;

      (c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;

      (d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and

      (d) At the option of the city council, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [5] 8 percent of the principal amount of each bond so redeemed,

as provided by ordinance.

      2.  Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, 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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ê1971 Statutes of Nevada, Page 2190 (Chapter 679, SB 348)ê

 

as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, 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.

      3.  Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the city council may determine, may be issued.

      4.  Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of [chapter 92 of NRS (The Negotiable Instruments Law).] the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities.

      5.  Notwithstanding any other provisions of law, the city council, in any proceedings authorizing bonds hereunder, may:

      (a) Provide for the initial issuance of one or more bonds (in this subsection 5 called “bond”) aggregating the amount of the entire issue or any portion thereof.

      (b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.

      (c) 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 payment of interest on such bond.

      (d) 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, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.

      6.  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 city council:

      (a) Proof of ownership.

      (b) Proof of loss or destruction.

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

      (d) Payment of the cost of preparing and issuing the new bond.

      7.  Any bond shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the clerk, with the seal of the city affixed thereto.

      8.  Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the clerk.

      9.  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 bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.


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ê1971 Statutes of Nevada, Page 2191 (Chapter 679, SB 348)ê

 

permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.

      10.  The clerk may cause the seal of the city of be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.

      11.  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 city, 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.

      12.  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.

      Sec. 86.  Section 16e of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 307, Statutes of Nevada 1951, at page 482, is hereby amended to read as follows:

      Section 16e.  Such bonds shall be in coupon form, but may be made registerable as to principal if so provided in the resolution adopting the proposal to be submitted at any bond election. The bonds shall be in the denomination of $100 or a multiple thereof, shall bear interest at a coupon rate not exceeding [six] eight percent per annum, shall mature serially or otherwise in such manner as may be provided by the governing body, but not later than forty years from their date, shall be made payable at such place or places within or without the State of Nevada as may be provided by the governing body, and in the discretion of the governing body may be made redeemable at the option of the district prior to maturity at such premium or premiums not greater than one hundred [five] eight percent of the principal amount thereof as the governing body may determine. The bonds shall be signed by the president and attested by the secretary of the district under the official seal of the district in such manner as may be provided by resolution of the board. Interest coupons to be attached to the bonds may be executed with the facsimile signatures of such officers, and in the event any officer whose signature appears on such bond or coupons shall cease to be such officer before delivery of the bonds to the purchaser, such signature shall nevertheless be valid and sufficient for all purposes. The bonds shall be sold in such manner and at such times as the governing body may determine at public or private sale for such prices as the governing body shall approve, except that in no event shall the bonds be sold at a price which will result in an interest yield therefrom of more than [six] eight percent per annum computed to average maturity according to standard tables of bond values. The proceeds from the sale of the bonds shall be applied exclusively to the purposes stated in the notice of the election and to the payment of the incidental expenses in connection therewith, and expenses incurred in connection with the authorization and issuance of the bonds, including but without limitation, engineering and legal fees and expenses, fiscal agents’ fees and expenses, and the payment of interest on the bonds during the period of construction of any improvements for which the bonds were voted and for six months thereafter.


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ê1971 Statutes of Nevada, Page 2192 (Chapter 679, SB 348)ê

 

during the period of construction of any improvements for which the bonds were voted and for six months thereafter. The proceeds from the sale of the first bonds issued by the district may also be used to repay any amounts advanced to the district by Clark County, which have not been repaid at the time the bonds are issued. Pending the preparation or execution of definitive bonds, interim receipts or certificates or temporary bonds may be delivered to the purchaser of said bonds.

      All bonds issued under the provisions of this act shall constitute negotiable instruments within the meaning of the negotiable instruments law as that law is now or may hereafter be in force in the State of Nevada.

      Sec. 87.  Section 40 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 446, Statutes of Nevada 1963, and amended by chapter 7, Statutes of Nevada 1968, at page 18, is hereby amended to read as follows:

      Section 40.  1.  All special assessments shall from the date of approval of the final assessment roll constitute a lien upon the respective lots or parcels of land assessed coequal with the lien of general taxes, not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes.

      2.  The special assessments shall be due and payable without demand and without interest within 30 days from the approval of the final assessment roll. All assessments remaining unpaid at the end of the cash payment period, at the option of the board, may be made payable in not less than four nor more than 10 equal annual installments of principal, with interest thereon at a rate of interest not exceeding [7] 8 1/2 percent per annum.

      3.  The lien upon any payment shall be released upon payment on any regular payment date of the total principal due and interest to that date, or upon payment at any other time of the total principal due and interest to the next regular payment date.

      4.  Any penalty which may be established by the board in the assessment resolution must also be paid in full before the lien will be released.

      Sec. 88.  Section 45 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 446, Statutes of Nevada 1963, and amended by chapter 332, Statutes of Nevada 1967, at page 940, is hereby amended to read as follows:

      Section 45.  1.  When the board shall determine to make any improvement and shall determine to defray the whole or any part of the cost or expense thereof by special assessment, the board may, by resolution, at the time it directs such special assessment to be made by the county assessor, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the district at any general or special election, cause to be issued bonds of the district in an amount not exceeding the assessments outstanding and unpaid at the end of the cash payment period, for the purpose of paying the cost or expense of such improvement. The bonds shall be called “(insert name of subdivision, district or street) Improvement Bonds,” shall be signed by the president and countersigned by the secretary of the district, and shall not be sold for less than their par value nor before the work of the improvement is ordered. The bonds may bear interest at a rate or at rates not to exceed [6½] 8 percent per annum in any 1 year; provided, however, the highest interest rate to be borne by the bonds shall be at least one-half of 1 percent less than the rate of interest to be borne by deferred installments of assessments (i.e.,


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ê1971 Statutes of Nevada, Page 2193 (Chapter 679, SB 348)ê

 

rate or at rates not to exceed [] 8 percent per annum in any 1 year; provided, however, the highest interest rate to be borne by the bonds shall be at least one-half of 1 percent less than the rate of interest to be borne by deferred installments of assessments (i.e., assessments remaining unpaid after the 30-day cash payment period) from which the bonds are payable. The bonds may be serial or term in form, may be subject to call for redemption prior to maturity in such manner as the board may determine, shall be payable within a period of not to exceed 10 years, and shall be in such form and denominations as the board shall determine.

      2.  The special assessment, when levied, shall be and remain a lien on the respective lots and parcels of land assessed from the confirmation of the final assessment roll until paid, as provided in sections 25 to 45, inclusive, and, when collected, shall be placed in a special fund to be known as “...................................... Improvement Bond Interest and Redemption Fund,” and as such shall at all times constitute a sinking fund for and 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 the interest thereon is fully paid.

      3.  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.

      4.  In the event that the special fund created by the proceeds of the special assessment shall be insufficient to pay the bonds and interest thereon as they become due, the deficiency shall be paid out of the general funds of the district.

      Sec. 89.  Section 46 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 120, Statutes of Nevada 1969, at page 163, is hereby amended to read as follows:

      Section 46.  1.  As an alternative means to obtain funds for the accomplishment of any of its corporate purposes, the district shall also have the power to borrow money and to issue and sell notes, in either negotiable or nonnegotiable form, to evidence the indebtedness created by such borrowing whenever the board determines that the public interest and necessity require the exercise of that power. Such notes may be issued and sold from time to time as the board determines at either public or private sale; provided, however, that such notes shall not be issued in a principal amount which exceeds the amount of any unused balance of indebtedness authorized by vote of the qualified electors of the district and not otherwise incurred; provided further that any note issued hereunder shall mature not later than 5 years from its date; and provided further that the maximum rate of interest upon any such note shall not exceed [6] 8 percent per annum. Notes authorized pursuant to this section shall be in such form and amount as the board shall determine and set forth in its resolution providing for the issuance of the notes. Any such notes may be refunded in the manner prescribed by Section 16i.

      2.  Notes issued pursuant to this section shall be issued as the general obligations of the district, for the payment of which the full faith, credit and resources of the district are pledged, and it shall be the duty annually of the governing body to provide for the levy of taxes on all taxable property in the district (subject to pertinent existing constitutional restrictions) fully sufficient in conjunction with other available income and revenues of the district to assure the prompt payment of principal and interest as they fall due.


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ê1971 Statutes of Nevada, Page 2194 (Chapter 679, SB 348)ê

 

taxable property in the district (subject to pertinent existing constitutional restrictions) fully sufficient in conjunction with other available income and revenues of the district to assure the prompt payment of principal and interest as they fall due. The governing body of the district shall in each year in due season, prior to the time when county taxes are levied by the board of county commissioners, determine the amount of taxes, if any, which are necessary to be levied on the taxable property in such district for such year, for the purpose of supplementing other revenues of the district available for the payment of principal and interest of any general obligation bond issues or notes issued pursuant to this section; and prior to the date on which the board of county commissioners makes the county levy for such year the governing body of the district shall certify to the clerk of the board of county commissioners the amount necessary to be so raised by taxes levied against the taxable property in the district in such fiscal year. The board of county commissioners shall at the time of making the levy of county taxes for that year levy the tax so certified upon all taxable property in the district. Such tax when levied shall be entered upon the assessment rolls and collected in the same manner as state and county taxes and the proceeds thereof shall be paid to the treasurer of the district to be used for the purposes for which the tax was levied. All taxes levied as herein provided shall constitute a lien on the property charged therewith from the date of the levy thereof by the board of county commissioners, or the entry thereof on the assessment roll of the county auditor, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes. No additional allowance, fee or compensation shall be paid to any officer for carrying out the provisions of this section. In the event that the total taxes requested to be levied in any 1 year by the district and the political subdivision which overlap it should exceed 50 mills and reduction thereof shall become necessary by reason of the restriction contained in section 2 of article 10 of the constitution of the State of Nevada, the board charged with the duty of making such reductions and allocations is hereby required to allocate to the district sufficient taxes to assure the payment to the district of money sufficient to make certain the prompt payment of and interest on any note of the district which may have been issued with the pledge of the full faith, credit and resources of the district; and where notes have been so issued, the district shall be regarded as a political subdivision of the State of Nevada for the purposes of NRS 350.250, and the provisions of NRS 350.250 shall be applicable to the district.

      3.  The provisions of law regarding the general obligation bond commission (NRS 350.001 to 350.006, inclusive) shall not apply to notes issued pursuant to this section.

      4.  The authority granted by this section shall not be construed as a continuing revolving authorization to issue such notes but rather is authority only to issue notes in lieu of the bonds previously authorized. The issuance of notes pursuant to this section exhausts, to the extent of their principal amount, any unused balance of indebtedness authorized by vote of the qualified electors of the district.


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

ê1971 Statutes of Nevada, Page 2195 (Chapter 679, SB 348)ê

 

      Sec. 90.  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.

      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 8 percent per annum.

      (b) At a discount of not more than 8 percent of the principal amount, but the effective interest rate shall not exceed 8 percent per annum.

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

      Sec. 91.  1.  The purpose of the legislature in enacting this section is to authorize the application of the liberalizing provisions relating to interest on special assessments and their prepayment premiums contained in this act and pertaining to securities payable from such assessments but remaining unsold prior to the effective date of this act. In view of the unsatisfactory bond marketing experiences in the past year of public issuers which have resulted from an unanticipated rise in interest rates, the legislature finds that this exercise of its plenary power is advisable and is necessary to avoid the postponement of essential public projects.

      2.  Notwithstanding the provisions of any other law, general or special, or of any special charter, where any bonds or other securities payable from special assessments remain unsold on the effective date of this act, and notwithstanding the status of the proceedings taken preliminary to and in the levy of such special assessments by the state or any political subdivision thereof, the special assessments may be levied or relevied after the effective date of this act in accordance with the liberalizing provisions of this act, except as provided in subsections 3 and 4 of this section.

      3.  On the effective date of this act if any special assessments have been levied or if notice of a hearing on any proposed special assessments has been given, and if the limitations pertaining to the payment of the assessments are more restrictive than provisions therefor permitted by this act, the special assessments may be relevied or levied, subject to the limitations therein, after a hearing on the assessments is held and notice of the hearing is given as provided by the act authorizing the levy of such assessments, as amended by this act, if the proceedings pertaining to such notice, hearing and relevy or levy of the assessments state provisions for their payment in compliance with such enabling act as so amended.


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

ê1971 Statutes of Nevada, Page 2196 (Chapter 679, SB 348)ê

 

      4.  The state or political subdivision relevying or levying any such special assessments may do so and may authorize or reauthorize the issuance of the bonds or other securities payable therefrom without the necessity of the proceedings taken preliminary thereto being retaken, including without limitation any preliminary hearing (other than the hearing on the proposed special assessments), except as provided in subsection 3 of this section.

      Sec. 92.  NRS 318.285 and 396.830 are hereby repealed.

      Sec. 93.  This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.

      Sec. 94.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 95.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 680, AB 766

Assembly Bill No. 766–Committee on Environment and Public Resources

CHAPTER 680

AN ACT relating to mining claims, mill sites and tunnel rights; providing for the filing with the county recorder of maps of and other documents concerning such claims; adjusting filing fees; supplying new specifications for claim markers; requiring that the addresses of locators be included when posting notice; and providing other matters properly relating thereto.

 

[Approved May 7, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 255.110 is hereby amended to read as follows:

      255.110  1.  The county surveyor shall:

      (a) Keep a correct and fair record of all surveys made by him in his official capacity, or by his deputies acting in his stead, in the form of original field notes in field books to be provided by the county for that purpose.

      (b) Number such surveys progressively.

      (c) Make and preserve a fair and accurate record map of each survey, drawn in waterproof ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, endorsing thereon its proper number and his official certificate of survey.

      (d) Obtain maps of mining claims, mill sites and tunnel rights filed with the county recorder and prepare a county mining claim map which shall accurately reflect the location of all such claims.

      2.  All records of surveys required by this chapter shall be transmitted by him to his successor in office.


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

ê1971 Statutes of Nevada, Page 2197 (Chapter 680, AB 766)ê

 

      3.  Field notes and record maps shall be available for purposes of copying the same to any person requiring the same.

      Sec. 2.  NRS 517.030 is hereby amended to read as follows:

      517.030  1.  Within 20 days from the date of posting the notice of location, the locator of a lode mining claim shall define the boundaries of the claim by placing at each corner and at the center of each side line one of the monuments described [in this section.

      2.] as follows:

      (a) The locator must define the boundaries of his claim by removing the top of a tree (having a diameter of not less than 4 inches) not less than 3 feet above the ground, and blazing and marking the same, or by a rock in place, capping such rock with smaller stones, such rock and stones to have a height of not less than 3 feet, or by setting a post or stone one at each corner and one at the center of each side line.

      [3.] (b) When a post is used, it must be at least 4 inches in diameter by 4 1/2 feet in length set 1 foot in the ground.

      [4.] (c) When it is practically impossible, on account of bedrock or precipitous ground, to sink such posts, they may be placed in a mound of earth or stones, or where the proper placing of such posts or other monuments is impracticable or dangerous to life or limb, it shall be lawful to place such posts or monuments at the nearest point properly marked to designate its right place.

      [5.] (d) When a stone is used (not a rock in place) it must be not less than 6 inches in diameter and 18 inches in length, set two-thirds of its length in the top of a mound of earth or stone 4 feet in diameter and 2 1/2 feet in height.

      [6.] (e) All trees, posts or rocks used as monuments, when not 4 feet in diameter at the base, shall be surrounded by a mound of earth or stone 4 feet in diameter by 2 feet in height, which trees, posts, stones or rock monuments must be so marked as to designate the corners of the claim located.

      2.  Within 90 days from the date of posting of the notice of location and in addition to defining the boundaries of the claim as set forth in subsection 1, the locator of a mining claim shall prepare two copies of a map of the claim which shall be of a scale of not less than 500 feet to the inch, and which shall set forth the position of the claim boundary monuments in relation to each other and establish numbers of the claim boundary monuments. Where the land has been surveyed by the United States, such description shall be connected by courses and distances to an official corner of the public land survey. Where the land has not been surveyed by the United States or where such official corners cannot be found through the exercise of due diligence, such description shall be tied by courses and distance to a claim location marker. The claim location marker shall be constructed at some prominent point visible from at least one claim corner. The claim marker site shall be chosen so that it will not be endangered by snow, rock or landslides, or other natural causes. Only one mineral claim marker is required for each contiguous group of claims. The claim marker shall be constructed in one of the following ways:

      (a) If constructed of rock, it shall be 4 feet in diameter at its base and at least 4 feet in height, constructed upon bedrock wherever possible.


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

ê1971 Statutes of Nevada, Page 2198 (Chapter 680, AB 766)ê

 

      (b) A steel post at least 3 inches in diameter or thickness shall be set in the ground. After setting, the top of the post shall be 5 feet above the level of the terrain surrounding the base.

      The description shall also state the township and range, and where the lands are surveyed lands, the section in which the mineral marker and the mining claim is situated. The locator need not employ a professional surveyor or engineer, but each locator shall prepare a map which is in accordance with his abilities to map and properly set forth the boundaries and location of his claim.

      Sec. 3.  NRS 517.040 is hereby amended to read as follows:

      517.040  [1.]  Within 90 days of the date of posting the location notice, the locator of a lode mining claim shall perform the [location work prescribed in either subsection 2 or 3.

      2.  The locator of two or more contiguous lode mining claims shall, within the time required by subsection 1, expend at least $100 in drilling, shaft sinking, crosscutting, or such other excavation work as shall tend to advance the exploration of such claim, or shall perform work of such nature himself which would have cost $100 if performed by another. The measure of the cost of such work shall be the prevailing rate of wages and other costs in the district in which the mine is located. Such expenditure or such work may be made or done at any one or more points within a group of contiguous claims not exceeding 10, if it will result in tending to advance the exploration of such claims as a group, and if the expenditure or work done on the group aggregates $100 for each 20.661 acres or fraction thereof.

      3.  The locator of a single lode mining claim shall expend $100 or perform the work on such claim as provided in subsection 2, or shall sink upon the claim located a discovery shaft 4 feet by 6 feet to the depth of at least 10 feet from the lowest part of the rim of such shaft at the surface, or deeper if necessary to show by such work a lode deposit of mineral in place. A cut or crosscut or tunnel which cuts the lode at a depth of 10 feet or an open cut along the ledge or lode, equivalent in size to a shaft 4 feet by 6 feet by 10 feet deep, is equivalent to a discovery shaft.] following:

      1.  In addition to defining the boundaries of the claim as set forth in subsection 1 of NRS 517.030, the locator of a mining claim shall prepare two copies of a map of the claim which shall be of a scale of not less than 500 feet to the inch, and which shall set forth the position of the claim boundary monuments in relation to each other and establish numbers of the claim boundary monuments. Where the land has been surveyed by the United States, such description shall be connected by courses and distances to an official corner of the public land survey. Where the land has not been surveyed by the United States or where such official corners cannot be found through the exercise of due diligence, such description shall be tied by courses and distance to a claim location marker. The claim location marker shall be constructed at some prominent point visible from at least one claim corner. The claim marker site shall be chosen so that it will not be endangered by snow, rock or landslides, or other natural causes. Only one mineral claim marker is required of each contiguous group of claims. The claim marker shall be constructed in one of the following ways:


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

ê1971 Statutes of Nevada, Page 2199 (Chapter 680, AB 766)ê

 

      (a) If constructed of rock, it shall be 4 feet in diameter at its base and at least 4 feet in height, constructed upon bedrock wherever possible.

      (b) A steel post or pipe at least 3 inches in diameter or thickness shall be set in the ground. After setting, the top of the post shall be 5 feet above the level of the terrain surrounding the base.

      The description shall also state the township and range, and where the lands are surveyed lands, the section in which the mineral marker and the mining claim is situated. The locator need not employ a professional surveyor or engineer, but each locator shall prepare a map which is in accordance with his abilities to map and properly set forth the boundaries and location of his claim.

      2.  File the map with the county recorder in the county in which the claim is located together with a filing fee of $15 for each claim. The entire filing fee shall be utilized by the county to establish and maintain a county mining claim map that shall accurately record the location of all mining claims filed after July 1, 1971, which shall be a public record as provided in chapter 239 of NRS.

      3.  The county recorder shall send one copy of the map and one copy of the location certificate to the county surveyor as soon as practicable after its receipt.

      Sec. 4.  NRS 517.050 is hereby amended to read as follows:

      517.050  1.  Within 90 days of the date of posting the location notice upon the claim of the locator, he must record his claim with the [mining district recorder of the mining district or the] county recorder of the county in which such claim is situated by [a location certificate,] duplicate location certificates, which must contain:

      (a) The name of the lode or vein.

      (b) The name of the locator or locators, together with the post office address of such locator or locators.

      (c) The date of the location. [and such description of the location of the claim, with reference to some natural object or permanent monument, as will identify the claim.]

      (d) The number of linear feet claimed in length along the course of the vein each way from the point of discovery with the width on each side of the center of the vein, and the general course of the lode or vein as near as may be.

      (e) [A description and the location of the work done and the cost thereof or the dimensions and locations of the discovery shaft or its equivalent sunk upon the claim or, if two or more contiguous claims, a description and the location of the work done upon the claim and the cost thereof, and the specific names of all the claims in the group, and a description of the work and the location of the point or points where the work has been done within a particular claim or claims, and the total cost thereof.] A statement that the location work consisted of making the maps as provided in NRS 517.040.

      (f) The location and description of each corner, with the markings thereon.

      2.  Any record of the location of a lode mining claim which shall not contain all the requirements named in this section recorded on or after July 1, 1971, shall be void, and every location of a mining claim [made] recorded on or after July 1, [1941,] 1971, shall be absolutely void unless a certificate of location thereof substantially complying with the above requirements is recorded with the county recorder of the county in which the claim is located within 90 days after the date of location.


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

ê1971 Statutes of Nevada, Page 2200 (Chapter 680, AB 766)ê

 

a certificate of location thereof substantially complying with the above requirements is recorded with the county recorder of the county in which the claim is located within 90 days after the date of location.

      3.  Nothing contained in this section shall be construed to invalidate a record of location of a lode mining claim or mining claim which was validly located and recorded prior to July 1, 1971.

      Sec. 5.  NRS 517.080 is hereby amended to read as follows:

      517.080  [1.]  The relocation of an abandoned lode claim shall be made by [sinking a new discovery shaft and fixing new boundaries in the same manner as if it were the location of a new claim; or the relocator may sink the original discovery shaft 10 feet deeper than it was at the time of abandonment, in which case the record must give the depth and dimensions of the original discovery shaft at the date of such relocation, and erect new or adopt the old boundaries, renewing the posts or monuments if removed or destroyed. In either case a new location stake shall be erected.

      2.  In any case, whether the whole or part of an abandoned claim is taken, the record may state that the whole or any part of the new location is located as abandoned property.

      3.  If it is not known to the relocator that his location is on an abandoned claim, then the provisions of this section shall not apply.] preparing two copies of a map of the claim as provided by NRS 517.040, and erecting new or adopting the old boundaries, renewing the posts or monuments if they have been removed or destroyed. In either case, a new location monument shall be erected. Two copies of the claim map shall be filed with duplicate location certificates with the county recorder of the county in which such claim is situated, accompanied by a filing fee of $20.

      Sec. 6.  NRS 517.090 is hereby amended to read as follows:

      517.090  1.  The location of a placer claim shall be made in the following manner:

      (a) By posting thereon, upon a [tree, rock in place, stone, post or] monument meeting the requirements of NRS 517.030, erected at any point along the north boundary, a notice of location containing:

             (1) The name of the claim;

             (2) The name of the locator or locators [;] , together with the post office address of such locator or locators;

             (3) The date of location;

             (4) The number of feet or acres claimed; and

      (b) By marking the boundaries and the location point in the same manner and by the same means as required by the laws of this state for marking the boundaries of lode claim locations.

      2.  Where the United States survey has been extended over the land embraced in the location, the claim may be taken by legal subdivisions, and, except the marking of the location point as prescribed in subsection 1, no other markings than those of such survey shall be required.

      Sec. 7.  NRS 517.100 is hereby amended to read as follows:

      517.100  Within 90 days after the posting of the notice of location of a placer claim, the locator shall perform [not less than $20 worth of labor upon the claim for the development thereof.] the following:

      1.  Prepare two copies of a map of the claim which shall be of a scale of not less than 500 feet to the inch.


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ê1971 Statutes of Nevada, Page 2201 (Chapter 680, AB 766)ê

 

scale of not less than 500 feet to the inch. Where the United States survey has been extended over the land embraced in the location, the claim may be taken and described on the map by legal subdivisions as provided in NRS 517.090. Where the land has not been surveyed by the United States or where such official corners cannot be found through the exercise of due diligence, the map shall set forth the position of the claim boundary monuments in relation to each other, establish numbers of claim boundary monuments, and such descriptions shall be tied to a claim location marker as provided in NRS 517.030.

      2.  File the maps with the county recorder in the county in which the claim is located together with a filing fee of $1 per acre. One-half of the filing fee shall be utilized by the county to establish and maintain a county mining claim map that shall accurately record the location of all mining claims filed after July 1, 1971, which shall be a public record as provided in chapter 239 of NRS. The remaining part of the fee may be used for the same purposes as any other general revenue of the county.

      Sec. 8.  NRS 517.110 is hereby amended to read as follows:

      517.110  1.  Within 90 days after the posting of the notice of location of a placer claim, the locator shall have recorded by the [mining district recorder and the] county recorder of the [district and] county in which the claim is situated [a certificate] duplicate certificates which shall state:

      (a) The name of the claim, designating it as a placer claim.

      (b) The name of the locator or locators [.] and the post office address of each.

      (c) The date of location.

      (d) The number of feet or acres claimed.

      [(e) A description of the claim with regard to some natural object or permanent monument, so as to identify the claim.

      (f) The kind and amount of work done by him as required by NRS 517.100.

      (g) The place on the claim where the work was done.]

      2.  This certificate, or the record thereof, or a duly certified copy of the record shall be prima facie evidence of the recitals therein.

      3.  If the certificate does not state all the facts required by this section to be stated, it shall be void.

      Sec. 9.  NRS 517.130 is hereby amended to read as follows:

      517.130  The locator of a mill site location shall locate his claim by:

      1.  Posting a notice of location thereon, which must contain:

      (a) The name of the locator or locators [;] and the post office address of each;

      (b) The name of the vein or lode claim or mine of which he is the proprietor, or the name of the quartz mill or reduction works of which he is the owner;

      (c) The date of the location;

      (d) The number of feet or acres claimed;

      [(e) A description of the claim by such reference to a natural object or permanent monument as shall identify the claim or mill site;] and

      2.  Marking the boundaries of his claim in the same manner as provided in this chapter for the marking of the boundaries of a placer mining claim, so far as the same may be applicable thereto.

      Sec. 10.  NRS 517.140 is hereby amended to read as follows:


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

ê1971 Statutes of Nevada, Page 2202 (Chapter 680, AB 766)ê

 

      517.140  1.  Within 30 days from the date of his location, the locator of a mill site claim or location shall record his location with the [mining district recorder and the] county recorder of the [district or] county in which such location is situated, by [a location certificate] duplicate location certificates which must be similar in all respects to the one posted on the location. In addition to the certificates, the locator shall file two copies of a map not to exceed 3 feet by 4 feet and pay the filing fee which complies with the requirements set forth in NRS 517.040.

      2.  Any record of a mill site location which shall not contain the name of the locator or locators, the name of the vein or lode claim or mine of which the locator is the proprietor, or the name of the quartz mill or reduction works of which the locator is the owner, the number of feet or acres claimed, and such description as shall identify the claim with reasonable certainty shall be void.

      Sec. 11.  NRS 517.150 is hereby amended to read as follows:

      517.150  The locator of a tunnel right or location shall locate his tunnel right or location by posting a notice of location at the face or point of commencement of the tunnel, which notice must contain:

      1.  The name of the locator or locators [.] and the post office address of each.

      2.  The date of the location.

      3.  The proposed course or direction of the tunnel.

      4.  The height and width thereof.

      5.  The position and character of the boundary monuments.

      6.  A description of the tunnel by such reference to a natural object or permanent monument as shall identify the claim or tunnel right.

      Sec. 12.  NRS 517.170 is hereby amended to read as follows:

      517.170  1.  Within 60 days from the date of the location, the locator of a tunnel right or location shall record his location with the [mining district recorder and the] county recorder of the [district or] county in which such location is situated, which must be similar in all respects to the notice posted on the location. In addition to the certificate, the locator shall file two copies of a map that complies with the requirements set forth in NRS 517.040.

      2.  Any record of a tunnel right or location which shall not contain all the requirements named in this section shall be void.

      Sec. 13.  NRS 517.230 is hereby amended to read as follows:

      517.230  1.  [Within 60 days after the last day of an annual assessment year, as determined by federal law, the person in whose behalf such labor was performed or improvements made, as required by federal law, or someone in his behalf, shall make and have recorded by the county recorder, in books kept for that purpose in the county in which such mining claim is situated, an affidavit or a statement in writing subscribed by such person and two competent witnesses setting forth:

      (a) The amount of money expended, or value of labor or improvements made, or both.

      (b) The character of expenditures or labor or improvements.

      (c) A description of the claim or part of the claim affected by such expenditures or labor or improvements.

      (d) The year for which such expenditures or labor or improvements were made and the dates on which they were made.


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

ê1971 Statutes of Nevada, Page 2203 (Chapter 680, AB 766)ê

 

      (e) The name of the owner or claimant of the claim at whose expense the same was made or performed.

      (f) The names of the persons, corporations, contractors or subcontractors who performed the work or made the improvements.

      2.  The affidavit or statement, or a copy thereof, duly certified by the county recorder shall be prima facie evidence of the performance of such labor or the making of such improvements, or both.

      3.  If the locator, having failed to do his annual assessment work within the federal assessment year, enters into and upon the ground prior to the location thereof by any person, and does and performs the annual assessment work, as required by federal statute, the affidavit or statement described in subsection 1 shall be recorded in the office of the county recorder of the county within which the claims are located within a period of 60 days after the completion of such work or improvement.] Within 60 days after the performance of labor or making of improvements required by law to be performed or made upon any mining claim annually, the person in whose behalf such labor was performed or improvements made, or someone in his behalf, shall make and have recorded by the county recorder, in books kept for that purpose in the county in which such mining claim is situated, an affidavit or statement in writing subscribed by such person and two competent witnesses setting forth:

      (a) The amount of money expended, or value of labor or improvements made, or both.

      (b) The character of expenditures or labor or improvements.

      (c) A description of the claim or part of the claim affected by such expenditures or labor or improvements.

      (d) The year for which such expenditures or labor or improvements were made and the dates on which they were made.

      (e) The name of the owner or claimant of the claim at whose expense the same was made or performed.

      (f) The names of the persons, corporations, contractors or subcontractors who performed the work or made the improvements.

      2.  The affidavit or statement, or a copy thereof, duly certified by the county recorder shall be prima facie evidence of the performance of such labor or the making of such improvements, or both.

      3.  Each locator shall file two copies of a map prepared in accordance with NRS 517.030 with the county recorder of the county in which the claim is located not later than September 1, 1972.

      Sec. 14.  NRS 517.300 is hereby amended to read as follows:

      517.300  1.  Every person who shall willfully antedate or put any false date or date other than the one on which the location is made upon any notice of location of any mining claim in this state shall be guilty of a felony, and upon conviction thereof shall be imprisoned in the state prison for not less than 3 years nor more than 10 years.

      2.  Every person who willfully and knowingly makes a false material statement on the location certificate or on any map required by this chapter shall be guilty of a felony, and upon conviction thereof shall be imprisoned in the state prison for not less than 3 years nor more than 10 years.

      Sec. 15.  NRS 517.320 is hereby amended to read as follows:

      517.320  1.  In every mining district in this state in which the seat of government of any county is situated, the county recorder of that county shall be ex officio mining district recorder, subject, in the discharge of his duties, to such rules, regulations and compensation as may be prescribed by the mining laws of the mining districts to which this section is applicable.


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

ê1971 Statutes of Nevada, Page 2204 (Chapter 680, AB 766)ê

 

government of any county is situated, the county recorder of that county shall be ex officio mining district recorder, subject, in the discharge of his duties, to such rules, regulations and compensation as may be prescribed by the mining laws of the mining districts to which this section is applicable. He shall, as such ex officio mining district recorder, be responsible on his official bond for the faithful performance of the duties of his office and the correct and safe keeping of all the records thereof, and the correct and safe keeping of the copies of all the records mentioned and referred to in subsection 2.

      2.  Each mining district recorder of the several mining districts in the state shall, on or before the 1st Monday in January, April, July and October in each year, transcribe into a suitable book or books, to be provided for that purpose, and shall deposit and file with the county recorders of the respective counties in which such mining districts are located a full, true and correct copy of the mining records of the respective mining districts for the 3 months next preceding the 1st Monday in January, April, July and October, duly certified under oath. This section shall not apply to the mining district recorder created by subsection 1.

      3.  There shall be provided by the boards of county commissioners of the several counties and furnished to each mining district recorder, on his application, suitable books, into which the mining records mentioned in subsection 2 shall be transcribed.

      4.  [The several mining district recorders shall receive, for services required by subsection 2, $1 for the transcript of each claim, including the oath, which shall be paid at the time of recording by the persons making the locations.

      5.] Any person neglecting or refusing to comply with the provisions of subsection 2 shall be guilty of a misdemeanor.

      Sec. 16.  Section 15 of this act shall become effective at 12:02 a.m. on July 1, 1971.

 

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CHAPTER 681, AB 836

Assembly Bill No. 836–Mr. Roy Young

CHAPTER 681

AN ACT relating to salaries, compensation and expenses of certain elected state officers and legislators; increasing annual salaries prospectively; adjusting the lieutenant governor’s compensation and expenses to equate legislators’ salaries and expenses; providing for compensation for certain legislators serving on legislative commission subcommittees; and providing other matters properly relating thereto.

 

[Approved May 7, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 2.050 is hereby amended to read as follows:

      2.050  1.  [Until the 1st Monday in January 1971, the justice of the supreme court whose term of office expires on the 1st Monday in January 1971 shall receive an annual salary of $20,000. From and after the 1st Monday in January 1971, his successor and successors in office shall receive an annual salary of $28,000.


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ê1971 Statutes of Nevada, Page 2205 (Chapter 681, AB 836)ê

 

Monday in January 1971, his successor and successors in office shall receive an annual salary of $28,000.

      2.] Until the 1st Monday in January 1973, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1973 shall receive an annual salary of $22,000. From and after the 1st Monday in January 1973, their successors in office shall receive an annual salary of $28,000.

      [3.] 2.  Until the 1st Monday in January 1975, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1975 shall receive an annual salary of $22,000. From and after the 1st Monday in January 1975, their successors in office shall receive an annual salary of [$28,000.] $35,000.

      3.  Until the 1st Monday in January 1977, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1977 shall receive an annual salary of $28,000. From and after the 1st Monday in January 1977, their successors in office shall receive an annual salary of $35,000.

      4.  All salaries provided for in this section shall be payable in biweekly installments as other state officers are paid.

      Sec. 2.  NRS 3.030 is hereby amended to read as follows:

      3.030  1.  Until the 1st Monday in January [1971,] 1975, the annual salary of each district judge provided for in NRS 3.010 shall be [$19,500.] $24,000. From and after the 1st Monday in January [1971,] 1975, the annual salary of each district judge provided for in NRS 3.010 shall be [$24,000.] $30,000.

      2.  All of the salaries shall be paid in biweekly installments out of the district judges’ salary fund, which is hereby created in the state treasury.

      3.  No salary of any district judge shall be paid in advance.

      Sec. 3.  NRS 213.015 is hereby amended to read as follows:

      213.015  1.  Until the 1st Monday in January [1971:] 1975:

      (a) Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of [$20,000,] $22,000, shall, as a member of the board, receive an annual salary of [$2,000.] $6,000.

      (b) Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of [$22,000] $28,000 shall receive no salary as a member of the board.

      2.  From and after the 1st Monday in January [1971:] 1975:

      (a) Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of [$22,000] $28,000 shall, as a member of the board, receive an annual salary of [$6,000.] $7,000.

      (b) Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of [$28,000] $35,000 shall receive no salary as a member of the board.

      3.  The salaries provided for in this section shall be paid out of moneys provided by direct legislative appropriation from the general fund.

      Sec. 4.  NRS 218.210 is hereby amended to read as follows:

      218.210  1.  Each senator and assemblyman [hereafter] elected prior to November 7, 1972, or appointed to succeed a senator or assemblyman elected prior to November 7, 1972, shall receive as compensation $40 per day for each day of service, but the total amount paid shall not exceed the sum of $2,400 at any regular session or the sum of $800 at any special session.


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ê1971 Statutes of Nevada, Page 2206 (Chapter 681, AB 836)ê

 

elected prior to November 7, 1972, shall receive as compensation $40 per day for each day of service, but the total amount paid shall not exceed the sum of $2,400 at any regular session or the sum of $800 at any special session.

      2.  Each senator and assemblyman elected on and after November 7, 1972, or appointed to succeed a senator or assemblyman elected on and after November 7, 1972, shall receive as compensation $60 per day for each day of service, but the total amount paid shall not exceed the sum of $3,600 at any regular session or the sum of $1,200 at any special session.

      Sec. 5.  NRS 218.682 is hereby amended to read as follows:

      218.682  The legislative commission may:

      1.  Carry forward the participation of the State of Nevada as a member of the Council of State Governments, and may pay annual dues to such organization out of the fund of the legislative counsel bureau. The legislative commission is designated as Nevada’s commission on interstate cooperation.

      2.  Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government, and with local units of government.

      3.  Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of such delegations and committees shall be designated by the members of the legislative commission and may consist of legislators and employees of the state other than members of the commission. Members of such delegations and committees shall serve without salary, but they shall receive out of the fund of the legislative counsel bureau the per diem expense allowance and travel expenses as provided by law.

      4.  Endeavor to advance cooperation between this state and other units government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental official and employees, interchange and clearance of research and information, and any other suitable process.

      5.  Establish such subcommittees and interim or special committees as official agencies of the legislative counsel bureau as may be deemed advisable to deal with governmental problems, important issues of public policy and questions of statewide interest. The membership of such subcommittees and interim or special committees shall be designated by the members of the legislative commission and may consist of members of the legislative commission and legislators other than members of the commission, employees of the State of Nevada or citizens of the State of Nevada. [Except as provided in NRS 218.680, members] Members of such subcommittees and interim or special committees who are not legislators shall serve without salary, but they shall receive out of the fund of the legislative counsel bureau the per diem expense allowances and travel expenses as provided by law.


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ê1971 Statutes of Nevada, Page 2207 (Chapter 681, AB 836)ê

 

of the legislative counsel bureau the per diem expense allowances and travel expenses as provided by law. Except as provided in NRS 218.680, members of such subcommittees and interim or special committees who are legislators shall receive out of the fund of the legislative counsel bureau a salary of $25 a day for each day’s attendance. Such salary shall be payable for membership on one subcommittee or committee only.

      6.  Supervise the functions assigned to the divisions of the bureau in this chapter.

      Sec. 6.  NRS 223.050 is hereby amended to read as follows:

      223.050  Until the 1st Monday in January [1971,] 1975, the governor shall receive an annual salary of [$25,000.] $30,000. From and after the 1st Monday in January [1971,] 1975, the governor shall receive an annual salary of [$30,000.] $40,000.

      Sec. 7.  NRS 224.050 is hereby amended to read as follows:

      224.050  1.  [Until the 1st Monday in January 1971, the lieutenant governor shall receive an annual salary of $4,500.] From and after the 1st Monday in January 1971, the lieutenant governor shall receive an annual salary of $6,000.

      2.  In addition to the annual salary provided for in subsection 1, the lieutenant governor shall receive [$40] $60 per day for such times as he may be actually employed as governor or president of the senate, and if he travels daily from his home to sessions of the legislature, he shall be allowed for each mile between the capital and his home, for each day the senate is actually convened, travel expenses at the rate of [10] 12 cents per mile traveled.

      3.  In addition to the salary provided in subsections 1 and 2, if the lieutenant governor does not travel from home daily but takes up a temporary residence in the vicinity of the capital for the duration of the legislative session, he shall be allowed a per diem expense allowance of [$25] $30 for each day he is away from his home and for the entire period that the legislature is in session.

      4.  The lieutenant governor shall receive the per diem allowance and travel expenses as provided by law for state officers and employees when acting as governor, or when discharging other official duties as lieutenant governor, at times when the legislature is not is session.

      Sec. 8.  NRS 225.050 is hereby amended to read as follows:

      225.050  Until the 1st Monday in January [1971,] 1975, the secretary of state shall receive an annual salary of [$15,000.] $18,000. From and after the 1st Monday in January [1971,] 1975, the secretary of state shall receive an annual salary of [$18,000.] $25,000.

      Sec. 9.  NRS 226.090 is hereby amended to read as follows:

      226.090  Until the 1st Monday in January [1971,] 1975, the state treasurer shall receive an annual salary of [$15,000.] $18,000. From and after the 1st Monday in January [1971,] 1975, the state treasurer shall receive an annual salary of [$18,000.] $22,500.

      Sec. 10.  NRS 227.060 is hereby amended to read as follows:

      227.060  Until the 1st Monday in January [1971,] 1975, the state controller shall receive an annual salary of [$15,000.] $18,000. From and after the 1st Monday in January [1971,] 1975, the state controller shall receive an annual salary of [$18,000.] $22,500.


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ê1971 Statutes of Nevada, Page 2208 (Chapter 681, AB 836)ê

 

      Sec. 11.  NRS 228.070 is hereby amended to read as follows:

      228.070  1.  Until the 1st Monday in January [1971,] 1975, the attorney general shall receive an annual salary of [$18,000.] $22,500. From and after the 1st Monday in January [1971,] 1975, the attorney general shall receive an annual salary of [$22,500.] $30,000.

      2.  The attorney general is not permitted to engage in the private practice of law [.] after the 1st Monday in January 1975.

      Sec. 12.  1.  This section and section 5 of this act shall become effective upon passage and approval of this act.

      2.  The balance of this act shall become effective on July 1, 1971.

 

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