As used in NRS 267.010 to 267.140 ,
inclusive:
1. “Commission form of government” means any form of municipal
government not contrary to the Constitution and laws of the United States
wherein either:
(a) Both legislative and administrative authority is exercised by
the same governing body, members of which are elected by the qualified
electors of a city; or
(b) All powers of the city are vested in a governing body, members
of which are elected by the qualified electors of the city, which enacts
local legislation, adopts budgets, determines policies, and appoints a
city manager, who executes the laws and administers the municipal
government.
2. “Commissioners” means city commissioners or city councilmen.
[Part 1:192:1915; A 1919, 366; 1919 RL p. 2658; NCL § 1248]—(NRS A
1959, 125)
Any
incorporated city in the State of Nevada may adopt the commission form of
government and frame its own charter therefor.
[Part 1:192:1915; A 1919, 366; 1919 RL p. 2658; NCL § 1248]—(NRS A
1959, 126; 1987, 1706)
Whenever the
qualified voters of any incorporated city desiring to adopt a commission
form of government so declare their desire by filing with the governing
body of that city a petition having the signatures of one-fourth of the
qualified voters voting at the last city election, the governing body
shall cause 15 qualified electors to be elected at the next primary or
general municipal election or primary or general state election to frame
a charter which provides for a commission form of government for the
city. The persons elected must have been residents of the city for at
least 2 years preceding their election.
[2:192:1915; 1919 RL p. 2658; NCL § 1249]—(NRS A 1959, 126; 1963,
803; 1987, 1706; 1993, 1041)
Nominations of the electors must be made by petition of one-fifth of the
qualified voters of the incorporated city. The petition must be filed
with the governing body of the city at least 30 days before the day of
the election, as provided for in NRS 267.030 . The names of all candidates so filed must be
placed upon the official ballots to be voted at the election.
[3:192:1915; 1919 RL p. 2658; NCL § 1250]—(NRS A 1959, 127; 1963,
804; 1987, 1707; 1993, 1041)
Within 5 days after the date of the election
the legislative authority of the incorporated city shall:
1. Meet and canvass the returns of the election.
2. Declare the result thereof.
3. Issue certificates of election to the 15 qualified electors
having the highest vote therefor.
[Part 4:192:1915; 1919 RL p. 2659; NCL § 1251]—(NRS A 1959, 127;
1987, 1707)
1. The persons elected as provided for in NRS 267.050 shall convene within 10 days and commence to
frame a charter for the city and within 90 days thereafter they, or a
majority of them, shall submit the charter to the legislative authority
of the incorporated city.
2. Within 10 days thereafter, the legislative authority of the
city shall:
(a) Cause the proposed charter to be published once in a newspaper
published in the incorporated city. If no newspaper is published in the
city, the proposed charter must be published once in a newspaper
published in the county; and
(b) Cause copies of the proposed charter to be posted in three of
the most public places of the city for 30 days.
3. The affidavits of the publisher and of the person posting the
copies of the charter must be made immediately after publication and
after the posting.
[Part 4:192:1915; 1919 RL p. 2659; NCL § 1251]—(NRS A 1959, 127;
1987, 1707)
1. The governing body of the incorporated city shall cause the
proposed charter to be published once and posted for 30 days and provide
for the submission of the proposed charter to the qualified voters of the
incorporated city at the next primary or general municipal election or
primary or general state election.
2. The form of ballot concerning the question of the proposed
charter at the election must be: “For the proposed charter,” “Against the
proposed charter.”
3. In submitting the proposed charter, or amendments thereto, any
alternative article or proposition may be presented to the voters of the
incorporated city and may be voted on separately without prejudice to the
others. In submitting the amendments, article or proposition, the form of
the ballot must be: “For Article No. ..... of the charter,” “Against
Article No. ..... of the charter.”
[Part 4:192:1915; 1919 RL p. 2659; NCL § 1251]—(NRS A 1959, 128;
1963, 804; 1987, 1707; 1993, 1041)
The officers conducting the
election shall make returns thereof within the time and in the manner
provided by the state election laws. The vote thereof shall be canvassed
and the result declared as provided by such laws. If upon the canvass it
shall be found that a majority of the votes so cast at the election were
cast in favor of the ratification of the charter, the charter shall
become the organic law of the city and shall supersede any existing
charter, and all amendments thereto and all special laws inconsistent
therewith, when authenticated, recorded and attested as provided in NRS
267.010 to 267.140 , inclusive.
[Part 5:192:1915; 1919 RL p. 2659; NCL § 1252]—(NRS A 1959, 128)
If upon the canvass it is
found that a majority of the votes cast at the election were cast in
favor of the ratification of the charter, as provided in NRS 267.080
, the mayor of the city shall thereupon
attach to the charter a certificate in substance as follows:
I, ................, mayor of ................, do hereby certify
that in accordance with the terms and provisions of Section 8 of Article
8 of the Constitution, and the laws of the State of Nevada, an election
was held on the .......... day of the month of ………. of the year ….., at
which 15 qualified electors were elected to prepare a charter for the
city of ......................; that notice of the election was given in
the manner provided by law; that on the .......... day of the month of
………. of the year ….., the election was held, and the votes cast at that
election were canvassed by the governing body of the city, and the
following persons were declared elected to prepare and propose a charter
for the city of .................
That thereafter, on the .......... day of the month of ………. of the
year …., the board of electors returned a proposed charter for the city
of ................, signed by the following members thereof:
.................
That thereafter the proposed charter was published once in a
newspaper and posted in three of the most public places in the city, to
wit: For one publication, the publication in a newspaper on the
.......... day of the month of ………. of the year ….., and was posted on
the .......... day of the month of ………. of the year ……
That thereafter, on the .......... day of the month of ………. of the
year ….., an election was held at which the proposed charter was
submitted to the qualified electors of the city, and the returns of the
election were canvassed by the governing body at a meeting held on the
.......... day of the month of ………. of the year ….., and the result of
the election was found to be as follows: For the proposed charter,
........ votes; against the proposed charter, ........ votes. Majority
for the proposed charter, ........ votes.
Whereupon the charter was ratified by a majority of the qualified
electors voting at the election.
And I further certify that the foregoing is a full, true and
complete copy of the proposed charter voted upon and ratified as
aforesaid.
In testimony whereof, I hereunto set my hand and affix the
corporate seal of the city this .......... day of the month of ………. of
the year ……
...........................................................................
.. ,
Mayor of the city of...........................................
Attest:......................................... ,
Clerk of the city of ....................
[Part 5:192:1915; 1919 RL p. 2659; NCL § 1252]—(NRS A 1959, 128;
1987, 1708; 1993, 1042; 2001, 46 )
1. Immediately after being certified as provided in NRS 267.090
, the charter shall be recorded by the
city clerk in a book to be provided and kept for that purpose and known
as the charter book of the city of ................, and when so recorded
shall be attested by the clerk and the mayor of the city under the
corporate seal thereof.
2. Thereafter any and all amendments to the charter shall be in a
like manner recorded and attested.
3. When so recorded and attested, all courts in this state shall
take judicial notice of the charter and all amendments thereto.
[Part 5:192:1915; 1919 RL p. 2659; NCL § 1252]—(NRS A 1959, 129)
1. Any city having adopted a charter pursuant to the provisions of
NRS 267.010 to 267.140 , inclusive, has pursuant to the charter:
(a) All of the powers enumerated in the general laws of the State
for the incorporation of cities.
(b) Such other powers necessary and not in conflict with the
Constitution and laws of the State of Nevada to carry out the commission
form of government.
2. The charter, when submitted, must:
(a) Fix the number of commissioners, their terms of office and
their duties and compensation.
(b) Provide for all necessary appointive and elective officers for
the form of government therein provided, and fix their salaries and
emoluments, duties and powers.
(c) Fix, in accordance with the provisions of NRS 293C.140 and 293C.175 or with the provisions of NRS 293C.145
, or with the provisions of paragraph
(a) of subsection 1 of NRS 293C.115 ,
the time for the first and subsequent elections for all elective
officers. After the first election and the qualification of the officers
who were elected, the old officers and all boards or offices and their
emoluments must be abolished.
[6:192:1915; 1919 RL p. 2660; NCL § 1253]—(NRS A 1959, 130; 1969,
678; 1987, 366, 1709, 1731; 1997, 3475; 2003, 679 )
Any city adopting a charter under the provisions of NRS
267.010 to 267.140 , inclusive, has all of the powers which are
now or may hereafter be conferred upon incorporated cities by the laws of
the State, and all such powers as are usually exercised by municipal
corporations of like character and degree, whether or not the powers are
specifically enumerated in NRS 267.010
to 267.140 , inclusive.
[7:192:1915; 1919 RL p. 2661; NCL § 1254]—(NRS A 1959, 130; 1987,
1710)
In any region of this state for which there
has been established by interstate compact a regional planning agency,
the powers of a city organized under NRS 267.010 to 267.140 ,
inclusive, with respect to the location and construction of all public
works are subordinate to the powers of such regional planning agency.
(Added to NRS by 1968, 13; became effective upon proclamation by
the Governor of the enactment of the Tahoe Regional Planning Compact by
the State of California and its approval by the Congress of the United
States)
1. The governing body of a city having the type of commission form
of government described in paragraph (b) of subsection 1 of NRS 267.010
, which has acquired by the provisions
of any federal or any other law real property within its corporate
boundaries, and which has adopted a policy, by its charter, of leasing or
selling such real property, or portions thereof, in a manner that will
result in the maximum benefit accruing to the city from such leases and
sales, may, by ordinance, with the approval of the Department of
Taxation, create a land improvement fund, which fund shall not be subject
to the provisions of chapter 354 of NRS.
2. The land improvement fund may be composed of:
(a) Moneys transferred from any capital improvement fund existing
pursuant to the provisions of the charter when so authorized by the
registered voters of the city at an election.
(b) Moneys contributed from the general fund of the city by action
of the governing body, which contributions need not be repaid to the
general fund of the city.
(c) Such portion of the proceeds received by the city from the
lease and sale of the real property as may be provided for by the charter
or by city ordinance.
(d) Any other moneys the deposit of which in the land improvement
fund is budgeted for by the governing body or authorized by the
registered voters of the city.
3. Moneys in the land improvement fund may be expended for:
(a) Preparation of real property for sale or lease and costs
incidental thereto.
(b) Acquisition and construction of improvements on such real
property prior to its sale or lease.
(Added to NRS by 1963, 641; A 1965, 737; 1975, 1681)
1. The governing body of an incorporated city having a commission
form of government may, on its own motion, and shall, upon receiving a
written petition signed by a number of registered voters of the city not
less than 25 percent of the number who actually voted at the preceding
municipal general election seeking the discontinuance and termination in
the city of the commission form of government:
(a) If the incorporated city has a commission form of government
described in paragraph (a) of subsection 1 of NRS 267.010 , fix by resolution the primary or general
municipal election or primary or general state election at which the
question is to be submitted. The governing body shall cause to be posted
at two public bulletin boards within the city, not less than 10 days
before the date of the election, a notice that there will appear on the
ballot the proposition for the discontinuance and termination of the
commission form of government and the repeal of the charter of the city.
(b) If the incorporated city has a commission form of government
described in paragraph (b) of subsection 1 of NRS 267.010 , fix by resolution the primary or general
municipal election or primary or general state election at which the
question is to be submitted. The governing body shall cause to be
published once in a newspaper of general circulation in the city, not
less than 30 nor more than 60 days before the date of the election, a
notice that there will appear on the ballot the proposition for the
discontinuance and termination of the commission form of government and
the repeal of the charter of the city.
2. The proposition appearing on the ballot must be in
substantially the following terms: “For termination of the commission
form of government and repeal of the charter” and “Against termination of
the commission form of government and repeal of the charter.”
3. Following the election and canvass of returns, if it is found
that a majority of the votes cast on the issue has been cast for the
discontinuance and termination in the city of the commission form of
government and for repeal of the charter, the governing body shall
proclaim the charter repealed effective:
(a) Immediately if the Legislature has not enacted a special
charter for the city and the provisions of chapter 266 of NRS supersede the provisions of NRS 267.010
to 267.140 , inclusive, as to the city; or
(b) On the date any special charter of the city enacted by the
Legislature may become effective.
4. If, following the election and canvass of returns, it is found
that a majority of the votes cast on the issue has been cast against the
discontinuance and termination in the city of the commission form of
government and against the repeal of the charter, the commission form of
government and charter continue in effect.
[8a:192:1915; added 1929, 118; NCL § 1256]—(NRS A 1959, 131; 1971,
319; 1987, 1710; 1993, 1043)
CONTRACTS WITH FEDERAL GOVERNMENT RELATING TO FACILITIES FOR DRAINAGE,
SEWERAGE AND WATER
Except where the context otherwise
requires, the definitions in NRS 267.455 to 267.500 ,
inclusive, govern the construction of NRS 267.450 to 267.530 ,
inclusive.
(Added to NRS by 1969, 248)
“Acquisition” or
“acquire” means the opening, laying out, establishment, purchase,
construction, securing, installation, reconstruction, lease, gift, grant
from the Federal Government, this state, any public body therein, or any
person, the endowment, bequest, devise, condemnation, transfer,
assignment, option to purchase, other contract, or other acquirement (or
any combination thereof) of any properties pertaining to a project, or an
interest therein.
(Added to NRS by 1969, 248)
“Drainage project” means
any natural and artificial water facilities for the collection,
channeling, impoundment and disposal of rainfall, other surface and
subsurface drainage waters and storm and floodwaters, including without
limitation ditches, ponds, dams, spillways, retarding basins, detention
basins, lakes, reservoirs, canals, channels, levees, revetments, dikes,
walls, embankments, bridges, inlets, outlets, connections, laterals,
other collection lines, intercepting sewers, outfalls, outfall sewers,
trunk sewers, force mains, submains, water lines, sluices, flumes,
syphons, sewer lines, pipes, conduits, culverts, other transmission
lines, pumping stations, gauging stations, ventilating facilities, stream
gauges, rain gauges, engines, valves, pumps, meters, junction boxes,
manholes, other inlet and outlet structures, bucket machines, inlet and
outlet cleaners, backhoes, draglines, graders, other equipment,
apparatus, fixtures, structures and buildings, flood-warning service and
appurtenant telephone, telegraph, radio and television apparatus, and
other water diversion, drainage and flood-control facilities (or any
combination thereof).
(Added to NRS by 1969, 248)
“Federal Government”
means the United States of America, or any agency, instrumentality or
corporation thereof.
(Added to NRS by 1969, 249)
“Governing body” means the
city council, city commission, board of supervisors, town council, town
board or other local legislative or governing body of the municipality.
(Added to NRS by 1969, 249)
“Improvement” or
“improve” means the extension, widening, lengthening, betterment,
alteration, reconstruction or other major improvement (or any combination
thereof) of any properties pertaining to a project or an interest
therein, but does not mean renovation, reconditioning, patching, general
maintenance or other minor repair.
(Added to NRS by 1969, 249)
“Municipal” means pertaining to
a municipality as defined in NRS 267.485 .
(Added to NRS by 1969, 249)
“Municipality” means any
incorporated city organized pursuant to NRS 267.010 to 267.140 ,
inclusive, which has a population of 4,000 or more.
(Added to NRS by 1969, 249; A 1979, 526; 1987, 1711)
“Project” means the acquisition,
improvement and equipment (or any combination thereof) of a drainage
project, sewerage project or water project (or any combination thereof).
(Added to NRS by 1969, 249)
“Sewerage project” means
facilities pertaining to a municipal sanitary sewerage system for the
collection, interception, transportation, treatment, purification and
disposal of sewage, liquid wastes, solid wastes, night soil and
industrial wastes, including without limitation a sewerage treatment
plant, sewerage purification and treatment works and disposal facilities,
drying beds, pumping plant and station, connections, laterals, other
collection lines, outfalls, outfall sewers, trunk sewers, intercepting
sewers, force mains, water lines, sewer lines, conduits, ditches, pipes
and transmission lines, pumping plants, filter plants, power plants,
pumping stations, gauging stations, ventilating facilities, incinerators,
engines, valves, pumps, meters, apparatus, fixtures, structures,
buildings and other facilities for the collection, interception,
transportation, treatment, purification and disposal of sewage, liquid
wastes, solid wastes, night soil and industrial wastes (or any
combination thereof). A sewerage project may include as a part thereof a
drainage project as defined in NRS 267.460 .
(Added to NRS by 1969, 249)
“Water project” means
facilities pertaining to a municipal water system for the collection,
transportation, treatment, purification and distribution of water,
including without limitation springs, wells, ponds, lakes, other raw
water sources, basin cribs, dams, spillways, retarding basins, detention
basins, reservoirs, towers, other storage facilities, pumping plants,
infiltration galleries, filtration plants, purification systems, other
water treatment facilities, power plants, waterworks plants, pumping
stations, gauging stations, ventilating facilities, stream gauges, rain
gauges, valves, standpipes, connections, hydrants, conduits, flumes,
sluices, canals, channels, ditches, pipes, lines, laterals, service
pipes, force mains, submains, syphons, other water transmission and
distribution mains, engines, boilers, pumps, meters, apparatus, tools,
equipment, fixtures, structures, buildings and other facilities for the
acquisition, transportation, treatment, purification and distribution of
untreated water or potable water for domestic, commercial and industrial
use and irrigation (or any combination thereof).
(Added to NRS by 1969, 249)
The governing body of any municipality, on its behalf and in its name,
is authorized:
1. To request the Federal Government to undertake any project for
the municipality; and
2. To negotiate for, to obtain and enter into, and to cause to be
executed such contracts, documents and other instruments as are necessary
or appropriate to carry such requests into effect, subject to the
approval by the qualified electors of the municipality of a question
authorizing the incurrence of an indebtedness by the municipality by
making such an agreement in the manner provided in NRS 350.020 to 350.070 , inclusive.
(Added to NRS by 1969, 250; A 1981, 954)
In the
contracts, documents and other instruments designated in NRS 267.505
, the governing body may:
1. Obligate the municipality to repay to the Federal Government
the cost of the project undertaken by it for the municipality, including
without limitation all incidental costs pertaining thereto, over a term
of not exceeding 40 years commencing on any specified date in the
calendar year next following the calendar year in which the project is
completed or is estimated to be completed in any such contract between
the municipality and the Federal Government, or in any other such
document or any other such instrument, whichever period is later, and
otherwise upon such terms and conditions and with such other provisions
as the municipality and the Federal Government may provide, except as
otherwise provided in NRS 267.450 to
267.530 , inclusive.
2. Obligate the municipality to pay to the Federal Government
interest on the project cost, except to the extent an allowance is made
in the project cost for interest during the period of construction or
during any other period determined by the municipality and the Federal
Government, at a rate or rates which do not exceed by more than 3 percent:
(a) For general obligations, the Index of Twenty Bonds; and
(b) For other obligations, the Index of Revenue Bonds,
Ê which is in effect at the time the agreement is made.
3. Obligate the municipality to operate and maintain the
facilities resulting from the project or otherwise pertaining thereto, in
such manner, upon such terms and conditions, and otherwise with such
other provisions as the municipality and the Federal Government may
provide.
4. Pledge the full faith and credit of the municipality for the
payment of the money due under such contracts, documents and other
instruments.
5. Provide for the payment of such money as general obligations or
special obligations of the municipality, or as general obligations of the
municipality the payment of which is additionally secured by a pledge of
revenues derived from any utility or other income-producing project of
the municipality legally available therefor.
6. Otherwise pledge the full faith and credit of the municipality
for the performance and observance of all covenants, conditions,
limitations, promises and undertakings made or specified to be kept,
observed or fulfilled on the part of the municipality in any such
contract with the Federal Government.
7. Exercise any combination of powers provided in NRS 267.450
to 267.515 , inclusive.
(Added to NRS by 1969, 250; A 1971, 2098; 1975, 843; 1981, 1406;
1983, 577)
Any municipality
may cooperate with the Federal Government in connection with any project
undertaken by the Federal Government, including, without limitation, in
the manner provided in the Federal Reclamation Law approved June 17, 1902
(32 Stat. 388), all acts amendatory thereof or supplemental thereto, and
any other act of Congress enacted before, on or after March 28, 1969,
authorizing or permitting such cooperation.
(Added to NRS by 1969, 251; A 1997, 1605)
All outstanding contracts, documents and other
instruments pertaining to any project, and all acts and proceedings had
or taken prior to March 28, 1969, or purportedly had or taken, by or on
behalf of a municipality preliminary to or in the authorization,
execution and otherwise making of such contracts, documents and other
instruments or preliminary to or in the undertaking of the project (or
any combination thereof) are hereby validated, ratified, approved and
confirmed, including without limitation any election for the
authorization of such contracts, the terms, provisions, conditions and
covenants in any such contracts, documents and other provisions and in
any resolutions and ordinances pertaining thereto, except as otherwise
provided in NRS 267.525 ,
notwithstanding any lack of power, authority or otherwise, other than
constitutional, and notwithstanding any defects and irregularities, other
than constitutional, in the creation of the municipality and in making or
adopting such contracts, documents and other instruments, or in
undertaking such project, including without limitation such acts and
proceedings had or taken prior to March 28, 1969, appertaining thereto
but remaining uncompleted, subject to the taking or adoption of such
supplemental acts and proceedings prior to March 28, 1969, not had or
taken, nor purportedly had or taken, but required by and in substantial
and due compliance with NRS 267.450 to
267.530 , inclusive, and any other laws
pertaining thereto.
(Added to NRS by 1969, 251)
1. This section and NRS 267.520
shall operate to supply such legislative authority as may be necessary to
validate any such contracts, documents and other instruments pertaining
to any project, to validate any such project, and to validate all acts
and proceedings preliminary thereto and prior to March 28, 1969, had or
taken which the Legislature could have supplied or provided for in NRS
267.450 to 267.530 , inclusive, or in any other law under which
such contracts, documents and other instruments were made or adopted,
such project was undertaken, or such acts or proceedings were taken.
2. This section and NRS 267.520 ,
however, shall be limited to the validation of contracts, documents,
other instruments, projects, acts and proceedings to the extent to which
they can be effectuated under the state and federal constitutions.
3. This section and NRS 267.520
shall not operate to validate, ratify, approve, confirm or legalize any
contract, document, other instrument, project, act, proceeding or any
other matter which has been determined prior to March 28, 1969, in any
legal proceeding to be illegal, void or ineffective.
(Added to NRS by 1969, 251)
NRS 267.530 Liberal construction. NRS 267.450 to 267.525 ,
inclusive, being necessary to secure the public health, safety,
convenience and welfare, they shall be liberally construed to effect
their purposes.
(Added to NRS by 1969, 252)
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