USA Statutes : nevada
Title : Title 21 - CITIES AND TOWNS
Chapter : CHAPTER 266 - GENERAL LAW FOR INCORPORATION OF CITIES AND TOWNS
Except as
otherwise provided in a city’s charter, the provisions of this chapter
shall not be applicable to incorporated cities in the State of Nevada
organized and existing under the provisions of any special legislative
act or special charter enacted or granted pursuant to the provisions of
Section 1 of Article VIII of the Constitution of the State of Nevada.
(Added to NRS by 1957, 253; A 1989, 967)
1. For the purposes of NRS 266.290 and 266.386 ,
a special election may be held only if the city council determines, by a
unanimous vote, that an emergency exists.
2. The determination made by the city council is conclusive unless
it is shown that the city council acted with fraud or a gross abuse of
discretion. An action to challenge the determination made by the city
council must be commenced within 15 days after the city council’s
determination is final.
3. As used in this section, “emergency” means any unexpected
occurrence or combination of occurrences which requires immediate action
by the city council to prevent or mitigate a substantial financial loss
to the city or to enable the city council to provide an essential service
to the residents of the city.
(Added to NRS by 1993, 1039)
Subject to the right
of the Legislature to create or alter the form of municipal organization
by special act or charter, the right of home rule and self-government is
hereby granted to the people of any city incorporated under the
provisions of this chapter.
[1:125:1907; RL § 767; NCL § 1100]—(NRS A 1965, 408; 1987, 1706)
The municipal government of all incorporated cities under this chapter
is hereby vested in a mayor and a city council.
[Part 15:125:1907; RL § 781; NCL § 1114]
ORGANIZATION
As used in NRS 266.016 to 266.0445 , inclusive, unless the context otherwise
requires:
1. “Qualified elector” means a person who is registered to vote in
this state and is a resident of the area to be included in the proposed
city, as shown by the last official registration lists.
2. A petition is “sufficient” if the county clerk:
(a) Verifies the signatures and addresses of the signers of the
petition with the voting list maintained by the county registrar of
voters;
(b) Certifies that the number of valid signatures represents the
percentage of the total number of qualified electors in the area proposed
to be incorporated that is required; and
(c) Determines that the petition for incorporation includes the
information required pursuant to NRS 266.019 .
3. “Urban in character” means an area that is used intensively for
residential, commercial, industrial, institutional, urban recreational or
governmental purposes, or as conservation park lands, and that is
susceptible to services offered by a city.
4. A lot or parcel is “used for residential purposes” if it is 5
acres or less in area and improved with a habitable dwelling unit of a
permanent nature.
(Added to NRS by 1987, 1700; A 1989, 234)
The area to be
included in a city proposed to be incorporated pursuant to NRS 266.016
to 266.0445 , inclusive, must:
1. Be currently used or suitable for residential, commercial,
industrial or governmental purposes.
2. Be contiguous and urban in character, and include all
contiguous area used for residential purposes.
3. In a county whose population is 100,000 or more, have an
average population density which is:
(a) Not less than four persons per acre if the proposed city is
within 7 miles of the county seat; or
(b) At least equal to the density of any city that is within 7
miles of the proposed boundaries, if the proposed city is not within 7
miles of the county seat.
Ê If the area proposed to be included in the city is more than 7 miles
away from the county seat and more than 7 miles away from any existing
city, there is no requirement concerning density of population.
4. Not include any portion of a parcel of privately owned real
property that has not been subdivided and is 100 acres or more in area
without the written consent of the owner.
5. Not include any area within the boundaries of an existing
incorporated city.
6. If the area of a city proposed to be incorporated is located in
a county whose population is 100,000 or more and includes the area of any
unincorporated town, include the entire area of the unincorporated town.
(Added to NRS by 1987, 1700; A 1989, 235; 1999, 880 )
1. If a committee of five qualified electors wishes to organize an
incorporated city, it may file a notice to incorporate with the county
clerk of the county in which the city proposed to be incorporated is
located.
2. The notice to incorporate must include:
(a) A copy of the petition for incorporation which will be
circulated; and
(b) An affidavit signed by each member of the committee.
3. The affidavit must include:
(a) A statement that the committee will be responsible for
circulating and filing the petition with the county clerk;
(b) The names and addresses of the members of the committee; and
(c) The address to which written notices relating to the
incorporation must be sent.
(Added to NRS by 1987, 1700)
1. The petition for incorporation must include the following
information concerning the area proposed to be incorporated:
(a) A description of the area prepared by a professional land
surveyor licensed pursuant to chapter 625 of NRS, which need not be made from a current survey nor contain
courses and distances measured from fixed points, but may be based upon
assessor’s parcel maps, existing boundaries of subdivision or parcel
maps, visible ground features, extensions of the visible ground features,
or by any boundary that coincides with the official boundary of the
state, a county, a city, a township, a section or any combination thereof.
(b) The proposed name of the city.
(c) The total acreage of the area.
(d) The number of persons who reside in the area.
(e) The number of owners of record of real property within the area.
(f) A statement that the area meets the requirements of NRS 266.017
.
(g) A statement of the committee’s plans for providing police and
fire protection, maintaining the streets, providing water and sewer
services, collecting the garbage and providing administrative services in
the proposed city, with an estimate of the costs and sources of revenue.
(h) A map or plat of the area which is prepared from the
description required by paragraph (a) and that shows the existing
dedicated streets, sewer interceptors and outfalls and their proposed
extensions.
2. The petition must be substantially in the following form:
PETITION FOR INCORPORATION
To the Board of County Commissioners of ................ County,
Nevada:
We, the undersigned qualified electors of the State of Nevada
respectfully petition the board of county commissioners to submit a
proposal to incorporate as a city certain unincorporated contiguous area
located within ................ County namely, .........................
(describe area to be incorporated), to the qualified electors who reside
within the area to be incorporated, for their approval or disapproval at
a special election to be held for that purpose.
Each signer of this petition states:
1. I have personally signed this petition as a qualified elector
of this state; and
2. I have correctly stated on this petition my residence, mailing
address and the date of my signature.
(Added to NRS by 1987, 1701; A 1989, 235; 1997, 1062)
1. The petition may consist of more than one document. Each
document must:
(a) Be uniform in size and form;
(b) Have affixed to it when filed, an affidavit signed by the
person who circulated the petition which attests that:
(1) He personally circulated the document;
(2) Each signature contained in the document was signed in
his presence and is genuine to the best of his knowledge and belief; and
(3) Each signer had an opportunity before signing to examine
the document and the information which is required to be attached to the
document pursuant to subsection 1 of NRS 266.019 .
2. Each document of the petition must have affixed to it the
information described in subsection 1 of NRS 266.019 .
(Added to NRS by 1987, 1701)
1. The county clerk shall invalidate the signature of any
qualified elector if the signature is not signed in ink and dated or if
the signature is executed before the notice to incorporate and the
petition for incorporation are filed with the county clerk pursuant to
NRS 266.018 . The county clerk shall not
invalidate a signature because it does not correspond exactly to the
signature on the registrar of voters’ register if he is able to determine
the identity of the signer from the signature on the petition.
2. A petition for incorporation must contain a number of
signatures equal to at least one-third of the qualified electors within
the boundaries of the city proposed to be incorporated.
3. The petition containing the required number of signatures must
be filed with the county clerk within 90 days after the notice to
incorporate is filed pursuant to NRS 266.018 .
(Added to NRS by 1987, 1701)
1. Within 30 days after the petition is filed pursuant to NRS
266.022 , the county clerk shall verify
the signatures and issue a certificate as to the sufficiency of the
petition and send a copy of the certificate by registered or certified
mail to the committee. If the petition is insufficient, the county clerk
shall include in the certificate the reasons for the insufficiency of the
petition.
2. A person who signs the petition may request that his name be
removed from the petition by submitting to the county clerk a written
request therefor under penalty of perjury not later than 15 days after
the petition for incorporation is filed pursuant to NRS 266.022 .
(Added to NRS by 1987, 1702)
1. A petition which lacks the required number of signatures may be
amended once if the committee files a notice to amend with the county
clerk within 2 days after it receives written notice from the county
clerk pursuant to NRS 266.023 . The
committee must file with the county clerk an amended petition containing
the additional required signatures within 8 days after it files a notice
to amend. An amended petition must comply with the requirements of the
petition as originally filed.
2. Within 10 days after the amended petition is filed, the county
clerk shall verify the signatures and send a copy of the certificate by
registered or certified mail to the committee.
(Added to NRS by 1987, 1702)
1. The county clerk shall promptly file with the board of county
commissioners the certificate for:
(a) A petition or amended petition which he determines is
sufficient; and
(b) A petition or amended petition which he determines is
insufficient if a notice to amend or a notice to review is not timely
filed by the committee.
Ê The sufficiency of the petition as certified by the county clerk shall
be deemed a final determination of the board.
2. The committee may, within 2 days after it receives written
notice from the county clerk that the petition or amended petition is
insufficient, file a notice to review with the board of county
commissioners. The board shall determine the sufficiency of the petition
within 30 days after it receives the notice to review. The decision of
the board is a final determination for the purposes of judicial review.
(Added to NRS by 1987, 1702)
Upon receipt of a petition that
has been certified as sufficient by the county clerk, the board of county
commissioners shall:
1. Within 30 days request a report on the advisability of
incorporation and the feasibility of the proposed city, including, but
not limited to, the factors set forth in NRS 266.0285 and a determination of whether the
requirements set forth in NRS 266.017
have been satisfied, from the Committee on Local Government Finance. The
report must be in writing and be delivered to the board of county
commissioners not later than 90 days after the report is requested,
unless the Committee determines the requirements set forth in NRS 266.017
have not been satisfied. Upon receipt
of the report, the board shall supply a copy of the report upon request
to any person for the cost of reproduction.
2. Within 30 days transmit a copy of the petition to the Executive
Director of the Department of Taxation.
3. Transmit a copy of the petition to any state, county or
regional planning commission or agency that exercises planning authority
over any part of the area proposed to be incorporated and to every other
local government within the county.
(Added to NRS by 1989, 231; A 1995, 146)
A commission, agency or district that receives a petition
pursuant to subsection 3 of NRS 266.0261 may:
1. Review the petition for the proposed incorporation considering:
(a) The operating charter or enabling laws of the commission,
agency or district;
(b) The factors set forth in NRS 266.0285 ; and
(c) Any other information in its possession.
2. Report its recommendations regarding the proposed incorporation
to the board of county commissioners in writing, not later than 60 days
after it receives the petition.
(Added to NRS by 1989, 232)
1. The Department of Taxation shall prepare a concise statement
concerning the estimated fiscal effect of the incorporation on the
residents of the proposed city, including an estimated tax rate and an
example of that tax rate applied for 1 year to a median-priced home in
the area of the proposed city compared to an example of the present tax
rate in the area applied for the same period to the same home.
2. Within 30 days after receipt of the petition from the board of
county commissioners, the Department of Taxation shall file with the
Committee on Local Government Finance a statement of estimated fiscal
effect prepared pursuant to subsection 1, and any explanatory material
and calculations.
3. The Committee on Local Government Finance shall:
(a) Approve or revise and approve the statement of estimated fiscal
effect at a public meeting; and
(b) Transmit the statement to the county clerk within 30 days after
receipt of the statement from the Department of Taxation.
4. The statement of estimated fiscal effect prepared by the
Department of Taxation must not affect any subsequent calculations made
by the Department if the city is incorporated.
(Added to NRS by 1989, 232; A 1995, 146)
1. If the Committee on Local Government Finance determines that a
petition for incorporation does not satisfy the requirements set forth in
NRS 266.017 , it shall notify the board
of county commissioners in writing.
2. After a determination by the Committee on Local Government
Finance that a petition does not satisfy the requirements of NRS 266.017
, no further action on the petition for
incorporation may be taken unless the determination is reversed by a
district court pursuant to NRS 266.0265 .
(Added to NRS by 1989, 232; A 1995, 147)
A qualified elector or any other person
who has an ownership interest in real property within the area proposed
to be incorporated, and who is aggrieved by the determination of the
Committee on Local Government Finance pursuant to NRS 266.0264 may appeal the determination to the district
court within 30 days after the Committee notifies the board of county
commissioners of the determination. The district court shall limit its
review to the issues contained within the record of the public hearing
and in the determination. The district court may allow the record to be
supplemented by additional evidence concerning those issues. The
determination of the Committee on Local Government Finance may be
reversed only upon a showing that the determination is in violation of
constitutional or statutory provisions, is arbitrary or capricious or
involves an abuse of discretion. If the determination of the Committee on
Local Government Finance is reversed, the Committee shall complete its
report pursuant to NRS 266.0261 and
the procedure for incorporation must be continued as if the Committee on
Local Government Finance had not made its determination.
(Added to NRS by 1989, 234; A 1995, 147)
1. The board of county commissioners shall, within 14 days after
it receives the report requested pursuant to NRS 266.0261 , designate a date, time and place for a
public hearing on the petition and the report.
2. The date of the public hearing must not be earlier than 14 days
nor later than 30 days after the date on which the date, time and place
of the public hearing was designated.
3. The board of county commissioners shall cause notice of the
public hearing, including a copy of the petition without signatures, to
be published in a newspaper of general circulation within the county at
least 7 days before the hearing is held. The board shall provide notice
of the date, time and place set for the public hearing at least 7 days
before the hearing is held to the governing body of each city or town
within the county.
(Added to NRS by 1987, 1702; A 1989, 236)
1. The board of county commissioners shall keep a record of the
hearing and include as part of the record the report requested pursuant
to NRS 266.0261 and any report
submitted by a commission, agency or district pursuant to NRS 266.0262
.
2. The board of county commissioners shall allow any interested
person to present oral or written testimony at the hearing. The board may
invite representatives from state and local governments to present
testimony.
3. The board may hold additional hearings but all hearings on the
petition must be completed within 30 days after the initial hearing is
held.
(Added to NRS by 1987, 1703; A 1989, 237)
1. To determine the advisability of incorporation and the
feasibility of the proposed city, the board of county commissioners shall
consider the following factors with regard to the area proposed to be
incorporated:
(a) Its population and, if the area is located in a county whose
population is 100,000 or more, the density of population;
(b) The land area, land uses, topography, natural boundaries and
drainage basin;
(c) The extent to which the area is devoted to agriculture, mineral
production or other uses that may not require significant improvements to
the property;
(d) The extent of commercial and industrial development;
(e) The extent and age of residential development;
(f) The comparative size and assessed value of subdivided land and
unsubdivided land;
(g) Current and potential issues concerning transportation;
(h) Past expansion of population and construction;
(i) The likelihood of significant growth in the area and in
adjacent incorporated and unincorporated areas during the next 10 years;
(j) The present cost, method and adequacy of regulatory controls
and governmental service, including, but not limited to, water and sewer
service, fire rating and protection, police protection, improvement and
maintenance of streets, administrative services and recreational
facilities in the area and the future need for such services and controls;
(k) The present and projected revenues for the county and the
proposed city;
(l) The probable effect of incorporation on revenues and services
in the county and local governments in adjacent areas;
(m) The probable effect of the proposed incorporation and of any
alternatives to incorporation on the social, economic and governmental
structure of the affected county and adjacent areas;
(n) The probable effect of the proposed incorporation and of any
alternatives to incorporation on the availability and requirement of
water and other natural resources; and
(o) Any determination by a governmental agency that the area is
suitable for residential, commercial or industrial development, or that
the area will be opened to private acquisition.
2. If the area proposed to be incorporated is within 5 miles of an
existing city, in addition to the factors listed in subsection 1, the
board of county commissioners shall consider:
(a) The size and population of the existing city;
(b) Growth in population and commercial and industrial development
in the existing city during the past 10 years;
(c) Any extension of the boundaries of the existing city during the
past 10 years;
(d) The probability of growth of the existing city toward the area
proposed to be incorporated in the next 10 years, considering natural
barriers and other factors that might influence such growth; and
(e) The willingness of the existing city to annex the area proposed
for incorporation and to provide services to the area.
3. The board of county commissioners shall also consider:
(a) The recommendations of any commission, agency, district or
member of the public who submits a written report;
(b) Testimony from any person who testifies at a hearing; and
(c) Existing petitions for annexation of any part of the area.
(Added to NRS by 1989, 233; A 1999, 881 )
1. Upon conclusion of the final hearing, the board of county
commissioners may take the matter under consideration and shall, within
30 days after the conclusion of the hearing, issue an opinion, in
writing, concerning the advisability of the incorporation and the
feasibility of the proposed city.
2. The board shall designate a date on which the election will be
held. The date of the election must not be earlier than 60 days nor later
than 120 days after the board issues its opinion.
3. The board shall cause notice of the election to be published in
a newspaper of general circulation within the county at least once each
week for 3 consecutive weeks. The final publication of notice must be
published before the day of the election.
4. The notice must include a copy of the petition, a description
of the area proposed to be incorporated, the statement of the estimated
fiscal effect of the proposed incorporation prepared pursuant to NRS
266.0263 , the location of the polling
places and the date and time of the election.
(Added to NRS by 1987, 1703; A 1989, 237)
A petition for incorporation
may be withdrawn at any time before the 30th day preceding the day of the
election held pursuant to NRS 266.029
if a notice of withdrawal signed by at least four members of the
committee is filed with the county clerk. Upon filing the notice of
withdrawal, no further action may be taken on the petition for
incorporation.
(Added to NRS by 1987, 1703)
The ballots used for the
election held pursuant to NRS 266.029
must:
1. Be in substantially the following form:
Shall the area described as .........................(describe area) be
incorporated as the City of ................. (name of city)?
Yes ....................
No .....................
The voter shall mark the ballot by placing a cross (x) next to the word
“yes” or “no.”
2. Contain the statement of the estimated fiscal effect of the
proposed incorporation prepared pursuant to NRS 266.0263 .
3. Contain a copy of the map or plat that was submitted with the
petition pursuant to NRS 266.019 and
depicts the existing streets, sewer interceptors and outfalls and their
proposed extensions.
(Added to NRS by 1987, 1703; A 1989, 237)
1. At least 10 days before an election held pursuant to NRS
266.029 , the county clerk or registrar
of voters shall cause to be mailed to each qualified elector a sample
ballot for his precinct with a notice informing the elector of the
location of his polling place.
2. The sample ballot must:
(a) Be in the form required by NRS 266.032 .
(b) Include the information required by NRS 266.032 .
(c) Except as otherwise provided in subsection 3, be printed in at
least 12-point type.
(d) Describe the area proposed to be incorporated by assessor’s
parcel maps, existing boundaries of subdivision or parcel maps,
identifying visible ground features, extensions of the visible ground
features, or by any boundary that coincides with the official boundary of
the State, a county, a city, a township, a section or any combination
thereof.
(e) Contain a copy of the map or plat that was submitted with the
petition pursuant to NRS 266.019 and
depicts the existing dedicated streets, sewer interceptors and outfalls
and their proposed extensions.
(f) Include on the front page, in a separate box created by bold
lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
3. A portion of a sample ballot that contains a facsimile of the
display area of a voting device may include material in less than
12-point type to the extent necessary to make the facsimile fit on the
pages of the sample ballot.
4. The sample ballot mailed to a person who requests a sample
ballot in large type by exercising the option provided pursuant to NRS
293.508 , or in any other manner, must
be printed in at least 14-point type, or larger when practicable.
5. If a person requests a sample ballot in large type, the county
clerk shall ensure that all future sample ballots mailed to that person
from the county are in large type.
(Added to NRS by 1989, 234; A 2001, 2003 )
1. The board of county commissioners shall canvass the votes in
the same manner as votes are canvassed in a general election. Upon the
completion of the canvass, the board shall immediately notify the county
clerk of the result.
2. The county clerk shall immediately, upon receiving notice of
the canvass from the board of county commissioners, cause to be published
a notice of the results of the election in a newspaper of general
circulation in the county. If the incorporation is approved by the
voters, the notice must include the population category of the
incorporated city, as described in NRS 266.055 . The county clerk shall file a copy of the
notice with the Secretary of State.
(Added to NRS by 1987, 1703; A 2001, 624 )
Upon approval of the incorporation by the voters, the board of
county commissioners shall authorize a professional land surveyor
licensed pursuant to chapter 625 of NRS to prepare a legal description of the area of the
incorporated city by metes and bounds and courses and distances. The cost
of the survey is a charge against the incorporated city.
(Added to NRS by 1989, 234; A 1997, 1063)
1. The costs incurred by the board of county commissioners in
carrying out the provisions relating to the incorporation, including the
costs incurred in certifying the petition, publishing the notices,
requesting the report pursuant to NRS 266.0261 , conducting the public hearing and election,
including the cost of mailing the sample ballots, and any appeal pursuant
to NRS 266.0265 are a charge against
the county if the proposed incorporation is not submitted to the voters
or the incorporation is disapproved by the voters, and a charge against
the incorporated city if the incorporation is approved by the voters.
2. The costs incurred by the incorporators in carrying out the
provisions relating to the incorporation, including the costs incurred in
preparation of the petition for incorporation, preparation of the
descriptions and map of the area proposed to be incorporated and
circulation of the petition are chargeable to the incorporated city if
the incorporation is approved by the voters.
(Added to NRS by 1987, 1704; A 1989, 238)
1. Upon approval of the incorporation by the voters, the board of
county commissioners shall designate a date on which an election to elect
the officers of the incorporated city will be held. The election must be
held not less than 60 days nor more than 120 days after the election
conducted pursuant to NRS 266.029 .
2. The county clerk shall publish or cause to be published notice
of the election in a newspaper of general circulation in the incorporated
city. The notice must be published once each week for 3 consecutive
weeks. If no newspaper of general circulation is published in the city,
the county clerk shall post the notice in at least five public places in
the city.
(Added to NRS by 1987, 1704)
A petition for incorporation must not be circulated for
signatures or considered by the board of county commissioners for 1 year
after the date on which:
1. A final determination of its insufficiency is made;
2. An election is held in which the proposed incorporation of the
area is rejected by the voters;
3. A notice of withdrawal of a petition is filed with the county
clerk pursuant to NRS 266.031 ; or
4. A final disposition is made on a petition for incorporation
which was previously filed with the county clerk if that petition
included any area which is also included in the petition proposed to be
circulated.
(Added to NRS by 1987, 1704)
A person who wishes to become a candidate for an elective office of a
newly created city must:
1. Reside within the boundaries of the newly created city; and
2. File a declaration of candidacy with the county clerk not less
than 30 days nor more than 90 days before the date of the election.
(Added to NRS by 1987, 1704; A 1997, 3474)
1. The mayor of the city shall file three copies of the articles
of incorporation of the city with the Secretary of State.
2. The articles of incorporation must be signed and verified by
the mayor and include the name of the city, a description of its location
and its population category, as described in NRS 266.055 .
3. The Secretary of State shall certify the articles of
incorporation upon receipt and send one copy to the county clerk of the
county in which the city is located and one copy to the mayor of the
city. The Secretary of State shall retain a copy for his records and
furnish a certified copy to any person who requests a copy upon payment
of a reasonable fee as determined by the Secretary of State.
(Added to NRS by 1987, 1704; A 2001, 625 )
Before the incorporation of the city becomes
effective, the elected officers of the city may:
1. Prepare and adopt a budget;
2. Adopt ordinances, including an ordinance fixing the salaries of
the officers first elected or appointed for the city, including those
officers who enact and sign the ordinance;
3. Levy a tax ad valorem on property within the area of the city,
at the time and in the amount prescribed by law for cities, for the
fiscal year beginning on the date the incorporation of the city becomes
effective;
4. Negotiate an equitable apportionment of the fixed assets of the
county pursuant to NRS 266.044 ;
5. Negotiate contracts for the employment of personnel;
6. Negotiate contracts to provide services for the city, including
those services provided for by chapter 277 of
NRS; and
7. Negotiate contracts for the purchase of equipment, materials
and supplies.
(Added to NRS by 1987, 1705; A 2001, 701 )
1. The incorporation of a city becomes effective:
(a) If the election held pursuant to NRS 266.036 is held on or before the 1st Tuesday after the
1st Monday of November, on July 1 of the year next following the
election; or
(b) If the election held pursuant to NRS 266.036 is held after the 1st Tuesday after the 1st
Monday of November, 1 year after July 1 of the year next following the
election.
2. A city which levies and collects a tax ad valorem on property
for at least 2 years after its incorporation and whose existence as an
incorporated city has not been challenged in the district court for the
county in which the city is located, is conclusively presumed to be a
lawfully existing incorporated city.
(Added to NRS by 1987, 1705)
1. During the period from the filing of the notice of the results
of the election by the county clerk pursuant to NRS 266.033 until the date the incorporation of the city
becomes effective, the county is entitled to receive the taxes and other
revenue from the incorporated city and shall continue to provide services
to the city.
2. Except as otherwise provided in NRS 318.492 , all special districts, except fire protection districts,
located within the boundaries of an incorporated city continue to exist
within that city after the incorporation becomes effective.
(Added to NRS by 1987, 1705; A 1989, 520)
1. The governing body of the incorporated city and the board of
county commissioners of the county in which the incorporated city is
located shall, before the date the incorporation becomes effective or
within 90 days thereafter, equitably apportion those fixed assets of the
county which are located within the boundaries of the incorporated city.
The governing bodies shall consider the location, use and types of assets
in determining an equitable apportionment between the county and the
incorporated city.
2. Any real property and its appurtenances located within the
incorporated city and not required for the efficient operation of the
county’s duties must first be applied toward the city’s share of the
assets of the county. Any real property which is required by the county
for the efficient operation of its duties must not be transferred to the
city.
3. If an agreement to apportion the assets of the county is not
reached within 90 days after the incorporation of the city, the matter
may be submitted to arbitration upon the motion of either party.
4. Any appeal of the arbitration award must be filed with the
district court within 30 days after the award is granted.
(Added to NRS by 1987, 1705)
Any property located within an incorporated
city which was assessed and taxed by the county before incorporation must
continue to be assessed and taxed to pay for the indebtedness incurred by
the county before incorporation.
(Added to NRS by 1987, 1706)
Whenever the
inhabitants of any territory become incorporated under this chapter, the
officers required by NRS 266.420 to
give bonds shall do so in the penal sum of not less than $500, such bonds
to remain in force until the passage of ordinances or resolutions by the
city council providing for the giving of bonds by such officers.
[40:125:1907; RL § 806; NCL § 1141]—(NRS A 1971, 297)
Any city now or
hereafter organized pursuant to a special charter may surrender that
charter and become organized pursuant to this chapter in the following
manner:
1. Whenever a petition signed by 15 percent of the qualified
electors of the city, as they appear from the registration list of
qualified electors at the last preceding city election for city officers,
is presented to the legislative body of that city, praying that the
special charter may be surrendered, and that the city is to be organized
pursuant to the provisions of this chapter, the city council shall submit
the question at the next primary or general municipal election or primary
or general state election.
2. If a majority of the votes cast at the election are for city
organization pursuant to this chapter, the city shall, on the date the
results of the election are declared, be deemed to have surrendered its
charter and to be organized pursuant to this chapter.
[103:125:1907; RL § 869; NCL § 1204]—(NRS A 1971, 297; 1987, 365;
1993, 1039)
POPULATION CATEGORIES; JUDICIAL NOTICE; VESTED RIGHTS; CONTINUATION OF
ORDINANCES, RESOLUTIONS AND OFFICERS; GENERAL POWERS
Municipal
corporations organized pursuant to the provisions of this chapter must be
divided into three population categories:
1. Those cities having 50,000 or more inhabitants are cities of
population category one.
2. Those cities having 5,000 or more but less than 50,000
inhabitants are cities of population category two.
3. Those cities having less than 5,000 inhabitants are cities of
population category three.
[7:125:1907; RL § 773; NCL § 1106]—(NRS A 2001, 625 , 2702 ; 2003, 14 )
1. Whenever any city of population category two attains the
population of 50,000 or more, or any city of population category three
attains the population of 5,000 or more, and that fact is ascertained:
(a) By actual census taken and certified to the Governor by the
mayor; or
(b) At the option of the city council, by the Governor, pursuant to
NRS 360.285 , for 2 consecutive years,
Ê the Governor shall declare, by public proclamation, that city to be of
population category one or two, and the city thus changed is governed by
the provisions of this chapter applicable to cities of the higher
population category.
2. An authenticated copy of the Governor’s proclamation must be
filed in the Office of the Secretary of State.
[8:125:1907; RL § 774; NCL § 1107]—(NRS A 1985, 1172; 2001, 625
, 2702 ; 2003, 14 )
1. All courts of this state shall take judicial notice in all
civil or criminal actions of:
(a) The change in population category and organization of any city.
(b) All ordinances, rules, resolutions or other regulations of the
city council.
2. In all such actions, it is not necessary to plead the contents
of any order, ordinance, rule, resolution or other regulation, but may be
proved prima facie by the introduction of the original entry or a copy
thereof certified by the clerk.
(Added to NRS by 1971, 296; A 2001, 625 )
1. All rights and property of every kind which were vested in any
municipal corporation under its former organization shall be deemed to be
vested in the same municipal corporation upon its becoming incorporated
or changing population category pursuant to the provisions of this
chapter. No rights or liabilities, either in favor of or against such
corporation, existing at the time of becoming incorporated or changing
population category pursuant to this chapter, and no action or
prosecution shall be affected by the change, but the rights and
liabilities, and any action or prosecution, must stand and progress as if
no change had been made.
2. Whenever a different remedy is given by this chapter, which may
properly be made applicable to any right existing at the time of such
city becoming incorporated or changing population category pursuant to
this chapter, the remedy shall be deemed cumulative to the remedy before
provided, and used accordingly.
[10:125:1907; RL § 776; NCL § 1109]—(NRS A 2001, 625 )
1. All ordinances and resolutions in force in any city when the
city becomes organized or changes its population category pursuant to the
provisions of this chapter must, if the ordinances and resolutions do not
conflict with the provisions of this chapter, remain in effect until
repealed or amended, notwithstanding such organization or change of
population category.
2. Such organization or change of population category shall not be
construed to alter the legal identity of the city.
[11:125:1907; RL § 777; NCL § 1110]—(NRS A 2001, 626 )
1. When any city now existing under a special charter is organized
under the provisions of this chapter, or by proclamation of the Governor
changes population category, the officers then in office continue to be
officers of the city:
(a) If the change in population category results in a change in the
number of municipal wards in the city, until the next city election; or
(b) In all other cases, until the expiration of their elected terms,
Ê and until their successors are elected and qualified.
2. When new territory is organized as a city, by petition and
election of officers, the officers first elected serve until the next
city election, and until their successors are elected and qualified.
[12:125:1907; RL § 778; NCL § 1111]—(NRS A 1987, 365; 1989, 1164;
2001, 626 )
1. Cities incorporated pursuant to this chapter:
(a) Are municipal corporations.
(b) Shall be known and designated by the name and style adopted.
2. Under such name, cities may:
(a) Sue and be sued.
(b) Contract and be contracted with.
(c) Acquire and hold real and personal property for corporate
purposes.
(d) Have a common seal and change the same at pleasure.
(e) Have perpetual succession.
(f) Exercise all the powers conferred in this chapter.
[13:125:1907; RL § 779; NCL § 1112]—(NRS A 2001, 626 )
WARDS
1. In a city incorporated pursuant to this chapter, the city may
be divided into wards by ordinance as follows:
(a) A city of population category one, into four or six wards.
(b) A city of population category two or three, into three or five
wards.
2. The division of cities into wards must, during the
incorporation thereof, be made by the board of county commissioners. The
wards must as nearly as practicable be of equal population and in compact
form.
3. Once established, the boundaries of wards must be changed by
ordinance of the city council.
4. Except as otherwise provided in NRS 293.209 , the boundaries of the wards:
(a) Must be changed whenever the population, as determined by the
last preceding national decennial census conducted by the Bureau of the
Census of the United States Department of Commerce, in any ward exceeds
the population in any other ward by more than 5 percent.
(b) May be changed to include territory which has been annexed, or
whenever the population in any ward exceeds the population in any other
ward by more than 5 percent by any measure that is found to be reliable
by the city council.
[14:125:1907; RL § 780; NCL § 1113]—(NRS A 1973, 34; 1987, 1304;
1993, 53; 1995, 2064; 2001, 627 ; 2005, 225 )
ORDINANCES AND RESOLUTIONS
1. The city council may make and pass all ordinances, resolutions
and orders, not repugnant to the Constitutions of the United States or of
the State of Nevada or to the provisions of this chapter, necessary for
the municipal government and the management of the city affairs, for the
execution of all powers vested in the city, and for making effective the
provisions of this chapter.
2. The city council may provide for fines or penalties to enforce
such ordinances, not to exceed those provided for by law for misdemeanors.
[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 297; 2001,
627 )
1. No ordinance shall be passed except by bill, and when any
ordinance is amended, the section or sections thereof shall be reenacted
as amended.
2. Every ordinance, except those revising the city ordinances,
shall embrace but one subject and matters necessarily connected therewith
and pertaining thereto; and the subject shall be clearly indicated in the
title, and in all cases where the subject of the ordinance is not so
expressed in the title, the ordinance shall be void as to the matter not
expressed in the title.
[26:125:1907; RL § 792; NCL § 1126]—(NRS A 1971, 298)
1. The style of ordinances must be as follows: “The City Council
of the City of ......................... do ordain.” All proposed
ordinances, when first proposed, must be read by title to the city
council and may be referred to a committee of any number of the members
of the council for consideration, after which an adequate number of
copies of the ordinance must be deposited with the city clerk for public
examination and distribution upon request. Notice of the deposit of the
copies, together with an adequate summary of the ordinance, must be
published once in a newspaper published in the city, if any, otherwise in
some newspaper published in the county which has a general circulation in
the city, at least 10 days before the adoption of the ordinance. At any
meeting at which final action on the ordinance is considered, at least
one copy of the ordinance must be available for public examination. The
city council shall adopt or reject the ordinance, or the ordinance as
amended, within 30 days after the date of publication, except that in
cases of emergency, by unanimous consent of the whole council, final
action may be taken immediately or at a special meeting called for that
purpose.
2. At the next regular or adjourned meeting of the council
following the proposal of an ordinance and its reference to committee,
the committee shall report the ordinance back to the council, and
thereafter it must be read by title and summary or in full as first
introduced, or if amended, as amended, and thereupon the proposed
ordinance must be finally voted upon or action on it postponed.
3. After final adoption the ordinance must be signed by the mayor,
and, together with the votes cast on it, must be:
(a) Published by title, together with an adequate summary including
any amendments, once in a newspaper published in the city, if any,
otherwise in a newspaper published in the county and having a general
circulation in the city; and
(b) Posted in full in the city hall.
Ê The ordinance must go into effect 20 days after its publication, except
emergency ordinances which may be effective immediately.
[27:125:1907; A 1955, 422]—(NRS A 1967, 382; 1971, 298; 1979, 89;
1983, 364; 1987, 1050)
If the city council adopts, repeals or
amends an ordinance concerning a criminal offense, the city clerk shall
mail a copy of the ordinance as adopted, repealed or amended to the court
administrator.
(Added to NRS by 1991, 1557)
THE MAYOR
The chief executive of a
city shall be the mayor.
[Part 18:125:1907; RL § 784; NCL § 1117]
Mayors shall be qualified electors
within their respective cities and shall have been actually bona fide
residents thereof for a period of at least 1 year next preceding their
election.
[Part 16:125:1907; RL § 782; NCL § 1115]—(NRS A 1977, 201)
Mayors shall be chosen by the qualified
electors of their respective cities.
[Part 17:125:1907; RL § 783; NCL § 1116]
Any vacancy occurring
in the office of mayor, by death, resignation, removal or otherwise,
shall be filled by the city council at the first regular meeting after
such vacancy, when the council shall by a majority vote elect some
competent person who shall hold the office until the election of his
successor at the next general city election, and his qualification.
[19 1/2:125:1907; added 1933, 7; 1931 NCL § 1119.01]
1. During the absence or disability of the mayor:
(a) In a city of population category one that is divided into
wards, the councilman at large shall act as mayor pro tem.
(b) In all other cities incorporated pursuant to this chapter, the
city council shall, by ordinance or resolution, provide for the
appointment of one of its members as mayor pro tem.
2. During the absence or disability of the mayor, the mayor pro
tem shall:
(a) Possess the powers and duties of mayor; and
(b) Except in a city of population category one, hold the office of
mayor pro tem at the pleasure of the city council.
[Part 18:125:1907; RL § 784; NCL § 1117]—(NRS A 2001, 627 )
1. The mayor shall exercise a careful supervision over the general
affairs of the city.
2. In exercising his duty of supervision pursuant to subsection 1,
the mayor shall:
(a) From time to time, give the city council information in writing
relative to the state of the city, and recommend such measures as he may
deem beneficial to the city.
(b) See that all the general laws and ordinances of the city are
observed and enforced.
(c) Take all proper measures for the preservation of public peace
and order, and the suppression of riots, tumults and all forms of public
disturbances, for which purpose he may, if his city is not participating
in a metropolitan police department, appoint extra policemen temporarily
and use and command the police force. If his city is participating in a
metropolitan police department, he may request law enforcement assistance
from the sheriff. In either case, if local law enforcement forces are
inadequate, he shall call upon the Governor for military aid in the
manner provided by law.
(d) Sign all licenses and warrants and claims against the city.
(e) See that all contracts are fully kept and faithfully performed,
and, to that end and in any such case where necessary or proper to
protect the interests of the city, shall cause legal proceedings to be
instituted or defended at the expense of the city.
(f) Perform such other duties as the city council shall prescribe
by ordinance.
[Part 18:125:1907; RL § 784; NCL § 1117]—(NRS A 1973, 925; 2001,
627 )
1. The mayor:
(a) Shall preside over the city council when in session, and shall
preserve order and decorum among the members and enforce the rules of the
city council and determine the order of business, subject to those rules
and appeal to the city council, or as provided by ordinance.
(b) Is not entitled to a vote except in case of a tie, when the
mayor has a casting vote, except as otherwise provided in this chapter.
2. The mayor may exercise the right of veto upon all matters
passed by the city council. To pass any matter receiving the mayor’s veto
requires a five-sevenths vote of a city council composed of seven
members, a four-fifths vote of a city council composed of five members,
and a unanimous vote of a city council composed of three members.
3. No resolution or contract requiring the payment of money nor
any ordinance may go into force or have any effect until approved in
writing by the mayor, unless passed over the mayor’s veto. If the mayor
does not approve the resolution, contract or ordinance so submitted, he
shall, within 5 days after the receipt thereof, return it to the city
clerk with his reasons in writing for not approving it. If the mayor does
not so return it, the resolution or contract thereupon goes into effect
and the ordinance becomes a law, in like manner and with the same effect
as if it had been approved by the mayor.
[Part 18:125:1907; RL § 784; NCL § 1117]—(NRS A 1993, 54; 2001, 628
)
CITY COUNCIL
Councilmen must be:
1. Qualified electors within their respective cities and bona fide
residents thereof for a period of at least 1 year next preceding their
election.
2. Except as otherwise provided in NRS 266.220 , qualified electors within their respective
wards.
[Part 16:125:1907; RL § 782; NCL § 1115]—(NRS A 1977, 201; 1995,
2064)
1. If a city of population category one is:
(a) Divided into wards, the city council must be composed of five
or seven councilmen with one councilman from each ward who is elected
only by the electors who reside in that ward and one councilman who is
elected by the city at large.
(b) Not divided into wards, five or seven councilmen must be
elected by the voters of the city at large.
2. If a city of population category two or three is:
(a) Divided into wards, the city council must be composed of three
or five councilmen with one councilman from each ward who is elected only
by the electors who reside in that ward.
(b) Not divided into wards, the three or five councilmen must be
elected by the voters of the city at large.
[Part 15:125:1907; RL § 781; NCL § 1114] + [Part 17:125:1907; RL §
783; NCL § 1116]—(NRS A 1963, 43, 141; 1969, 1089; 1993, 54; 1995, 2064;
2001, 628 )
Except as otherwise provided in NRS 268.325 , any vacancy occurring in the office of
councilman by death, resignation, removal or otherwise must be filled by
the mayor and city council at the first regular meeting after the
vacancy, when the council and the mayor, who has the same voting power
thereon as a councilman, shall by a majority vote elect some person
possessing the requisite qualifications, who shall hold the office until
the election and qualification of his successor at the next general city
election.
[19:125:1907; RL § 785; NCL § 1119]—(NRS A 1997, 2448)
No
member of any city council shall, during the term for which he was
elected and for 1 year after the expiration of such term, hold or be
appointed to any office which shall have been created, or the salary or
emoluments of which shall have been increased, while he was such member.
[50:125:1907; RL § 816; NCL § 1151]
Except as otherwise provided in NRS 241.0355
, a majority of all members of the city
council constitutes a quorum to do business, but fewer members may meet
and adjourn from time to time and may compel the attendance of absentees
under such penalties as may be prescribed by ordinance.
[20:125:1907; RL § 786; NCL § 1120]—(NRS A 2001, 629 , 1125 ; 2003, 14 )
The city
council shall determine its own rules of procedure, may punish its
members for disorderly conduct, and, with the concurrence of two-thirds
of the members of the city council, may expel a member for cause.
[Part 21:125:1907; RL § 787; NCL § 1121]—(NRS A 2001, 629 )
1. The city council shall prescribe by ordinance the time and
place of holding its meetings, but at least one meeting must be held each
month.
2. All meetings of a city council must be conducted in accordance
with the provisions of chapter 241 of NRS.
[22:125:1907; RL § 788; NCL § 1122] + [24:125:1907; RL § 790; NCL §
1124]—(NRS A 2001, 629 )
1. The deliberations, sessions and proceedings of the city council
must be public.
2. The city council shall keep written minutes and audio
recordings or transcripts of its own proceedings as required pursuant to
NRS 241.035 . The yeas and nays must be
taken upon the passage of all ordinances, and all propositions to create
any liability against the city, or to grant, deny, increase, decrease,
abolish or revoke licenses, and in all other cases at the request of any
member of the city council or of the mayor, which yeas and nays must be
entered in the minutes of its proceedings.
3. The affirmative vote of a majority of all the members elected
to the city council is necessary to pass any such ordinance or
proposition.
[23:125:1907; RL § 789; NCL § 1123]—(NRS A 2001, 629 , 1125 ; 2003, 14 ; 2005, 1408 )
At
the request of any two members of the city council in cities with
councils composed of five or seven members, or at the request of one
member in cities with councils composed of three members, final action on
any report of a committee of the city council must be deferred to the
next regular meeting of the city council after the report is made.
[25:125:1907; RL § 791; NCL § 1125]—(NRS A 1993, 54; 2001, 630
)
POWERS OF CITY COUNCIL
When power is conferred upon the
city council to do and perform any act or thing, and the manner of
exercising the same is not specifically pointed out, the city council may
provide by ordinance the manner and details necessary for the full
exercise of such power.
[29:125:1907; RL § 795; NCL § 1130]
1. The city council, on behalf of the city and in its name,
without any election, may acquire, improve, equip, operate and maintain,
convert to or authorize:
(a) Curb and gutter projects;
(b) Drainage projects;
(c) Off-street parking projects;
(d) Overpass projects;
(e) Park projects;
(f) Sanitary sewer projects;
(g) Sidewalk projects;
(h) Storm sewer projects;
(i) Street projects;
(j) Underpass projects;
(k) Water projects; and
(l) Underground electric and communication facilities.
2. The city council, on behalf of the city, for the purpose of
defraying all the costs of acquiring, improving or converting to any
project authorized by subsection 1, or any portion of the cost thereof
not to be defrayed with money otherwise available therefor, is vested
with the powers granted to municipalities by chapters 271 and 704A of NRS.
(Added to NRS by 1973, 377; A 1985, 260; 2001, 2075 )
In any region of this state for which there
has been created by interstate compact a regional planning agency, the
powers of a city incorporated under this chapter for 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 city council may:
(a) Control the property of the city.
(b) Erect and maintain all buildings, structures and other
improvements for the use of the city.
(c) Except as otherwise provided in NRS 268.059 , 268.061 and
268.062 , 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, improve and
protect such property, and do all other things in relation thereto which
natural persons might do.
2. Except as otherwise provided by law, the city council may not
mortgage, hypothecate or pledge any property of the city for any purpose.
[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 299; 2001,
630 ; 2005, 1462 , 2680 )
1. A city council shall not enter into a lease of real property
owned by the city for a term of 3 years or longer or enter into a
contract for the sale of real property until after the property has been
appraised pursuant to NRS 268.059 .
Except as otherwise provided in this section and paragraph (a) of
subsection 1 of NRS 268.050 : (a)
The sale or lease of real property must be made in the manner required
pursuant to NRS 268.059 , 268.061 and 268.062 ;
and
(b) A lease or sale must be made at or above the highest appraised
value of the real property as determined pursuant to the appraisal
conducted pursuant to NRS 268.059 .
2. The city council may sell or lease real property for less than
its appraised value to any person who maintains or intends to maintain a
business within the boundaries of the city which is eligible pursuant to
NRS 374.357 for an abatement from the sales and use taxes imposed pursuant
to chapter 374 of NRS.
(Added to NRS by 1995, 2203; A 2005, 1462 , 2680 )
The city
council may condemn property for public uses in the manner prescribed by
chapter 37 of NRS.
[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 299; 1985,
261)
The
city council may:
1. Lay out, maintain, alter, improve or vacate all public
rights-of-way in the city.
2. Regulate the use of public parks, buildings, grounds and
rights-of-way and prevent the unlawful use thereof.
3. Require landowners to keep the adjacent streets, sidewalks and
public parks, buildings and grounds free from encroachments or
obstructions.
4. Regulate and prevent in all public places:
(a) The distribution and exhibition of handbills, or signs.
(b) Any practice tending to annoy persons passing in such public
places.
(c) Public demonstrations and processions.
5. Prevent riots or any act tending to promote riots in any public
place.
[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 299)
The city council may, by
ordinance, regulate:
1. Except as otherwise provided in NRS 707.375 , all vehicular, pedestrian and other traffic within the city
and provide generally for the public safety on public streets, publicly
owned parking lots, parking areas to which the public is invited and
public rights-of-way.
2. The length of time for which vehicles may be parked upon the
public streets and publicly owned parking lots.
(Added to NRS by 1971, 296; A 1973, 470; 2003, 1251 )
1. The city council may acquire, install, maintain, operate and
regulate parking meters at the curbs of the city streets or upon publicly
owned property made available for public parking. The parking fees to be
charged for the use of the parking facilities regulated by parking meters
must be fixed by the city council.
2. The city council may acquire property within the city, by any
lawful means except by eminent domain, for the purpose of establishing
off-street public parking facilities for vehicles. The council may, after
an election is held in conformity with the provisions of chapter 350
of NRS concerning municipal bond elections, and a majority of the
electors voting on the bond question is in favor of the issuance of the
bonds, 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 on-street parking revenues, the general credit
of the city, or both, to secure the payment of the principal thereof and
interest thereon.
[28 3/4:125:1907; added 1955, 196]—(NRS A 1971, 104, 301; 1985, 261)
The city council may:
1. Provide, by contract, franchise or public enterprise, for any
utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the
provision of the utility.
3. Fix the rate to be paid for any utility provided by public
enterprise. Any charges due for services, facilities or commodities
furnished by any utility owned by the city is a lien upon the property to
which the service is rendered and must be perfected by recording with the
county recorder a statement by the city clerk of the amount due and
unpaid and describing the property subject to the lien. Each such lien:
(a) Is coequal with the latest lien thereon to secure the payment
of general taxes.
(b) Is not subject to extinguishment by the sale of any property
because of the nonpayment of general taxes.
(c) Is prior and superior to all liens, claims, encumbrances and
titles other than the liens of assessments and general taxes.
[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 301; 2001,
1756 , 2076 ; 2003, 152 )
1. The city council may acquire or establish any public utility in
the manner provided in this section.
2. The council shall enact an ordinance which must set forth fully
and in detail:
(a) The public utility proposed to be acquired or established.
(b) The estimated cost thereof, as shown by the report approved by
the council and mayor, of an engineer or body theretofore appointed by
the council for that purpose.
(c) The proposed manner and terms of payment.
3. The ordinance must be published in full at least once a week
for 4 successive weeks in a newspaper of general circulation published in
the city.
4. At the first regular meeting of the council, or any adjournment
thereof, after the completion of the publication, the council may proceed
to enact an ordinance for that purpose which must conform in all respects
to the terms and conditions of the previously published ordinance, unless
a petition is presented to it, signed by not less than 15 percent of the
qualified electors of the city, as shown by the last preceding
registration list, and representing not less than 10 percent of the
taxable property of the city as shown by the last preceding tax list or
assessment roll, praying for placement on the ballot at a special
election or at the next primary or general municipal election or primary
or general state election of the question of whether the proposed
ordinance is to be passed. Thereupon, no such proposed ordinance may be
enacted or become effective for any purpose whatsoever, unless at a
special election called and held for the purpose or the next primary or
general municipal election or primary or general state election, a
majority of the votes cast are for the ordinance.
[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 302; 1981,
952; 1993, 1039; 2001, 2076 )
The city council may:
1. License, regulate or prohibit the location, construction or
laying of tracks of any railroad in any public right-of-way.
2. Grant franchises to any person or corporation to operate a
railroad upon public rights-of-way and adjacent property.
3. Declare a nuisance and take up and remove, or cause to be taken
up and removed, the tracks of any railway which have been laid upon, in,
along, through or across any of the streets, alleys, avenues or public
places of the city and which have not been operated with cars for public
use for 1 year after the laying thereof.
4. Subject to the provisions of NRS 704.300 , condemn rights-of-way for any public purpose across any
railroad right-of-way.
5. Prescribe the length of time any public right-of-way may be
obstructed by trains standing thereon.
6. Require railroad companies to fence their tracks and to
construct cattle guards and crossings and to keep them in repair.
7. Require railroad companies to provide protection against injury
to persons or property.
8. Compel railroad companies to raise or lower their tracks to
conform to any grade established by the city, so that tracks may be
crossed at any place on any street, alley or avenue.
9. Compel railroad companies to provide that drainage from
property adjacent to their tracks not be impaired.
[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 302; 1985,
1241)
1. The city council shall have the power:
(a) To grant franchises to persons or corporations to lay, maintain
and operate in, upon, along, through or across any street, alley, avenue
or any part or parts thereof of the city or other public places therein,
railroad tracks and connecting and terminal tracks.
(b) To contract with, authorize or grant 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 the city.
2. The city council shall grant no franchise for a longer period
of time than 50 years, and no franchise for any purpose shall be granted
within any city incorporated under the provisions of this chapter except
as herein provided. Nothing herein contained shall be construed to impair
any franchises granted in any city prior to its incorporation hereunder.
[Part 28:125:1907; RL § 794; NCL § 1128]
The city council may:
1. Organize, regulate and maintain a fire department.
2. Prescribe the duties of the fire chief.
3. Designate arson investigators as peace officers.
4. Regulate or prohibit the storage of any explosive, combustible
or inflammable material in or transported through the city, and prescribe
the distance from any residential or commercial area where it may be
kept. Any ordinance adopted pursuant to this subsection that regulates
places of employment where explosives are stored must be at least as
stringent as the standards and procedures adopted by the Division of
Industrial Relations of the Department of Business and Industry pursuant
to NRS 618.890 .
5. Establish, by ordinance, a fire code and other regulations
necessary to carry out the purposes of this section.
[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 303; 1985,
261; 1999, 1858 )
The city council may, by any lawful means, acquire, control,
maintain, enlarge or abolish cemeteries.
(Added to NRS by 1971, 296)
1. The city council may enact and enforce such local police
ordinances as are not in conflict with the general laws of the State of
Nevada.
2. Any offense made a misdemeanor by the laws of the State of
Nevada shall also be deemed to be a misdemeanor in the city whenever such
offense is committed within the city.
(Added to NRS by 1971, 296)
The governing body
of a city may employ security officers.
(Added to NRS by 1985, 260; A 1993, 2529)
The city council may:
1. Fix, impose and collect an annual license fee on all animals
and provide for the capture and disposal of all animals on which the
license fee is not paid.
2. Regulate or prohibit the running at large and disposal of all
kinds of animals and poultry.
3. Establish a pound, appoint a poundkeeper and prescribe his
duties.
4. Prohibit cruelty to animals.
[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 304)
The city council may:
1. Provide for safeguarding public health in the city.
2. Create a board of health and prescribe the powers and duties of
such board.
3. Provide for the enforcement of all regulations and quarantines
established by the board of health by imposing adequate penalties for
violations thereof.
[Part 28:125:1907; RL § 794; NCL § 1128] + [28 1/2:125:1907; added
1921, 85; NCL § 1129]—(NRS A 1971, 305)
The city council may:
1. Except as otherwise provided in subsection 3 of NRS 40.140
and subsection 5 of NRS 202.450 , determine by ordinance what shall be deemed
nuisances.
2. Provide for the abatement, prevention and removal of the
nuisances at the expense of the person creating, causing or committing
the nuisances.
3. Provide that the expense of removal is a lien upon the property
upon which the nuisance is located. The lien must:
(a) Be perfected by recording with the county recorder a statement
by the city clerk of the amount of expenses due and unpaid and describing
the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment
of general taxes.
(c) Not be subject to extinguishment by the sale of any property
because of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and
titles other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible
for the nuisances.
[Part 28:125:1907; RL § 794; NCL § 1128] + [100 1/2:125:1907; added
1945, 289; 1943 NCL § 1201.01]—(NRS A 1971, 306; 1997, 953; 2001, 1756
)
SURCHARGE FOR ENHANCEMENT OF TELEPHONE SYSTEM USED FOR REPORTING EMERGENCY
As used in NRS 266.342 to 266.348 ,
inclusive, unless the context otherwise requires, “trunk line” means a
line which provides a channel between a switchboard owned by a customer
of a telephone company and the local exchange of the telephone company.
(Added to NRS by 2005, 495 )
1. Except as otherwise provided in this section, the city council
of a city of population category two or three in a county whose
population is 400,000 or more may, by ordinance, impose a surcharge on
each access line or trunk line of each customer to the local exchange of
any telephone company providing those lines in the city, for the
enhancement of the telephone system for reporting an emergency in the
city.
2. A city council may not impose a surcharge pursuant to this
section unless the city council first adopts a 5-year master plan for the
enhancement of the telephone system for reporting emergencies in the
city. The master plan must include an estimate of the cost of the
enhancement of the telephone system and all proposed sources of money for
funding the enhancement.
3. The surcharge imposed by a city council pursuant to this
section:
(a) For each access line to the local exchange of a telephone
company, must not exceed 25 cents each month; and
(b) For each trunk line to the local exchange of a telephone
company, must equal 10 times the amount of the surcharge imposed for each
access line to the local exchange of a telephone company pursuant to
paragraph (a).
4. A telephone company which provides access lines or trunk lines
in a city that imposes a surcharge pursuant to this section shall collect
the surcharge from its customers each month. The telephone company shall
remit the surcharge it collects to the treasurer of the city in which the
surcharge is imposed not later than the 15th day of the month after the
month it receives payment of the surcharge from its customers.
5. An ordinance adopted pursuant to subsection 1 may include a
schedule of penalties for the delinquent payment of amounts due from
telephone companies pursuant to this section. Such a schedule:
(a) Must provide for a grace period of not less than 90 days after
the date on which the telephone company must otherwise remit the
surcharge to the city treasurer; and
(b) Must not provide for a penalty that exceeds 5 percent of the
cumulative amount of surcharges owed by a telephone company.
(Added to NRS by 2005, 495 )
If a city council imposes a
surcharge pursuant to NRS 266.344 , the
city council shall:
1. Establish by ordinance an advisory committee to develop a plan,
consistent with the master plan adopted by the city council pursuant to
NRS 266.344 , to enhance the telephone
system for reporting an emergency in the city and to oversee any money
allocated for that purpose. The advisory committee must consist of not
less than five members who:
(a) Are residents of the city;
(b) Possess knowledge concerning telephone systems for reporting
emergencies; and
(c) Are not elected public officers.
Ê At least one member of an advisory committee established pursuant to
this section must be a representative of an incumbent local exchange
carrier that provides service to persons in that city. As used in this
subsection, “incumbent local exchange carrier” has the meaning ascribed
to it in 47 U.S.C. § 251(h)(1), as that section existed on October 1,
1999, and includes a local exchange carrier that is treated as an
incumbent local exchange carrier pursuant to that section.
2. Create a special revenue fund of the city for the deposit of
the money collected pursuant to NRS 266.344 . The money in the fund must be used only to
enhance the telephone system for reporting an emergency so that the
number and address from which a call received by the system is made may
be determined, including only:
(a) Paying recurring and nonrecurring charges for telecommunication
services necessary for the operation of the enhanced telephone system;
(b) Paying costs for the personnel and training associated with the
routine maintenance and updating of the database for the enhanced
telephone system;
(c) Purchasing, leasing or renting the equipment and software
necessary to operate the enhanced telephone system; and
(d) Paying costs associated with any maintenance, upgrade and
replacement of equipment and software necessary for the operation of the
enhanced telephone system.
3. If the balance in a fund created pursuant to subsection 2 that
has not been committed for expenditure exceeds $500,000 at the end of any
fiscal year, reduce the amount of the surcharge imposed during the next
fiscal year by the amount necessary to ensure that the unencumbered
balance in the fund at the end of the next fiscal year does not exceed
$500,000.
(Added to NRS by 2005, 496 )
A telephone company
that collects the surcharge imposed pursuant to NRS 266.344 is entitled to retain an amount of the
surcharge collected which is equal to the cost of collecting the
surcharge.
(Added to NRS by 2005, 496 )
LICENSING AND REGULATION OF PROFESSIONS, TRADES AND BUSINESSES
1. Except as otherwise provided in subsections 3 and 4, the city
council may:
(a) Except as otherwise provided in NRS 268.0881 to 268.0888 , inclusive, 598D.150 and 640C.100 , regulate all businesses, trades and professions.
(b) Except as otherwise provided in NRS 576.128 , fix, impose and collect a license tax for
revenue upon all businesses, trades and professions.
2. The city council may establish any equitable standard to be
used in fixing license taxes required to be collected pursuant to this
section.
3. The city council may license insurance agents, brokers,
analysts, adjusters and managing general agents within the limitations
and under the conditions prescribed in NRS 680B.020 .
4. A city council shall not require that a person who is licensed
as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of
contracting or pay more than one license tax related to engaging in the
business of contracting, regardless of the number of classifications or
subclassifications of licensing for which the person is licensed pursuant
to chapter 624 of NRS.
5. The city council shall not require a person to obtain a license
or pay a license tax on the sole basis that the person is a professional.
As used in this subsection, “professional” means a person who:
(a) Holds a license, certificate, registration, permit or similar
type of authorization issued by a regulatory body as defined in NRS
622.060 , or who is regulated pursuant to the Nevada Supreme Court
Rules; and
(b) Practices his profession for any type of compensation as an
employee.
[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1961, 47; 1963,
402; 1971, 307, 1958; 1997, 3168; 2003, 2895 ; 2005, 731 , 1136 , 2337 )
[Expires by limitation on the date of
the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. If a city council requires a person to obtain a license, permit
or certificate to practice a profession or occupation pursuant to NRS
266.355 or 268.0887 , an applicant for the issuance or renewal of
such a license, certificate or permit shall submit to the city council
the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS
425.520 . The statement must be completed and signed by the applicant.
2. The city council shall include the statement required pursuant
to subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license, certificate or permit; or
(b) A separate form prescribed by the city council.
3. A license, certificate or permit may not be issued or renewed
by the city council pursuant to NRS 266.355 or 268.0887
if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the city council
shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2043; A 2005, 2338 )
[Expires by
limitation on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. If a city council receives a copy of a court order issued
pursuant to NRS 425.540 that provides for the suspension of all professional,
occupational and recreational licenses, certificates and permits issued
to a person who is the holder of a license, certificate or permit to
practice a profession or occupation issued by the city council pursuant
to NRS 266.355 or 268.0887 , the city council shall deem the license,
certificate or permit issued to that person to be suspended at the end of
the 30th day after the date on which the court order was issued unless
the city council receives a letter issued to the holder of the license,
certificate or permit by the district attorney or other public agency
pursuant to NRS 425.550 stating that the holder of the license, certificate or permit
has complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. A city council shall reinstate a license, certificate or permit
to practice a profession or occupation issued by the city council
pursuant to NRS 266.355 or 268.0887
that has been suspended by a district
court pursuant to NRS 425.540 if the city council receives a letter issued by the district
attorney or other public agency pursuant to NRS 425.550 to the person whose license, certificate or permit was
suspended stating that the person whose license, certificate or permit
was suspended has complied with the subpoena or warrant or has satisfied
the arrearage pursuant to NRS 425.560 .
(Added to NRS by 1997, 2043; A 2005, 2338 )
[Expires by limitation on
the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.] An application for the issuance
of a license, permit or certificate to practice a profession or
occupation pursuant to NRS 266.355 or
268.0887 must include the social
security number of the applicant.
(Added to NRS by 1997, 2044; A 2005, 2339 )
SALES AND LEASES OF CITY-OWNED ELECTRIC LIGHT AND POWER SYSTEMS
1. Proceedings to sell or lease a city-owned electric light and
power system may be instituted by the adoption of a resolution by the
city council proposing to sell or lease the electric light and power
system.
2. The resolution adopted pursuant to the provisions of subsection
1 must require that the question of the sale or lease of the electric
light and power system be submitted to the voters of the city at a
special election or the next primary or general municipal election or
primary or general state election.
(Added to NRS by 1969, 862; A 1993, 1040)
Upon the adoption of a
resolution pursuant to NRS 266.386 , the
district court of the county shall appoint a qualified firm of licensed
engineers to make a true and correct appraisement of the fair market
value of the electric light and power system.
(Added to NRS by 1969, 862)
If the
resolution adopted proposes to lease the electric light and power system,
the city council shall, after the return of the appraisement, negotiate
with one or more qualified lessees. If such negotiations are successful,
the city council shall submit the proposed lease for acceptance or
rejection at the election. In any lease, the council shall require a bond
for faithful performance by the lessee.
(Added to NRS by 1969, 862)
When proceedings are instituted to sell or lease a city-owned
electric light and power system, the city attorney shall draft the
measure and an explanation thereof for submission to the registered
voters.
(Added to NRS by 1969, 862)
1. If the question of the sale or lease of the city-owned electric
light and power system is submitted at a city or state primary or general
election, no notice of registration of electors is required other than
that required by the general election laws for such election. If the
question is submitted at a special election, the county clerk shall, at
the expense of the city, cause to be published at least once a week for 5
consecutive weeks by five weekly insertions a week apart, the first
publication to be not more than 60 days nor less than 45 days next
preceding the election, in a newspaper published within the county and
having a general circulation in the city, a notice signed by him to the
effect that registration for the special election will be closed on a
date designated therein, as provided in this section.
2. Except as provided in this subsection, the office of the county
clerk shall be open for such a special election from 9 a.m. to 12 m. and
from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays
and legal holidays excepted, for the registration of any qualified
elector. During the 5 days preceding the close of registration before
such a special election, the office of the county clerk shall be open
from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through
Saturday, with Sunday and any legal holidays excepted.
3. The office of the county clerk shall be opened for registration
of voters for such special election from and including the 20th day next
preceding such election and up to but excluding the 10th day next
preceding such election and during regular office hours.
(Added to NRS by 1969, 862)
1. If the resolution adopted pursuant to NRS 266.386 calls a special election, the city clerk shall
cause a notice of the election to be published in a newspaper printed in
the county and having a general circulation in the city at least once a
week for 2 consecutive weeks by two weekly insertions a week apart, the
first publication to be not more than 14 days nor less than 8 days next
preceding the election.
2. The notice of the special election must contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which
must be the same as provided for general elections.
(c) A statement of the question in substantially the same form as
it will appear on the ballots.
(Added to NRS by 1969, 863; A 1993, 1040)
1. The county clerk may consolidate or otherwise modify voting
precincts, shall designate the polling places, shall appoint officers of
the election for each precinct in such number as he may determine, and
shall fix their duties and compensation.
2. Any qualified elector who is properly registered shall be
qualified to vote at the special election.
3. The costs of any special election shall be paid by the city.
(Added to NRS by 1969, 863)
If the
resolution adopted proposes to sell the electric light and power system,
and a majority of the ballots cast favors such sale, the city council
shall advertise the sale of such electric light and power system by
notice published at least once a week for 5 consecutive weeks by five
weekly insertions a week apart in a newspaper published within the county
and having a general circulation in the city. The notice shall require
sealed bids, to be accompanied by a certified check for at least 5
percent of the sum bid for the purchase, to be deposited with the city
clerk on or before the date stated in the notice. No bids shall be
accepted by the city council for a sum less than the amount of the
appraisement of the electric light and power system. The council may
reject any and all bids.
(Added to NRS by 1969, 863)
OFFICERS GENERALLY
The
city council may:
1. Create any office that may be deemed necessary for the city.
2. Provide for filling all vacancies in elective and appointive
offices.
3. Regulate and prescribe the powers, duties and compensation of
all officers of the city, except as otherwise provided by law.
4. Require all officers or employees of the city responsible for
the handling of city money to give bond and security, to be paid by the
city from its money, for the faithful performance of their duties.
5. Require from every officer of the city at any time a report in
detail of all transactions in his office, or any matters connected
therewith.
[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 308; 2001,
630 )
The mayor, with the
advice and consent of the city council, shall appoint all such officers
as may be provided for by law or ordinance.
[37:125:1907; RL § 803; NCL § 1138]—(NRS A 1971, 308; 2001, 630
)
1. The city council, by ordinance, may require, as a qualification
for an appointive office of the city, other than city attorney, and for
appointment as a deputy pursuant to NRS 266.455 , that the person appointed reside actually,
and not constructively, within:
(a) The limits of the city; or
(b) The county in which the city is located.
2. A person who is a defaulter to the city is ineligible to hold
any city office.
[44:125:1907; RL § 810; NCL § 1145]—(NRS A 1991, 13; 1997, 273)
1. In addition to the mayor and city council, there must be in
each city of population category one or two a city clerk, a city
treasurer, or if those offices are combined pursuant to subsection 4, a
city clerk and treasurer, a municipal judge and a city attorney. The
offices of city clerk, city treasurer, municipal judge and city attorney
may be either elective or appointive offices, as provided by city
ordinance. Except as otherwise provided in this subsection and unless the
terms of those elected officers are extended by an ordinance adopted
pursuant to NRS 293C.115 , the elected
officers shall hold their respective offices for 4 years and until their
successors are elected and qualified. The cities of population category
three may by ordinance provide that the mayor and city councilmen must be
elected and shall hold office for 2 years unless the terms of office of
the mayor and city councilmen are extended by an ordinance adopted
pursuant to NRS 293C.115 .
2. In each city of population category one or two, in which the
officers are appointed pursuant to ordinance, the mayor, with the advice
and consent of the city council, shall appoint all of the officers.
3. In cities of population category three, the mayor, with the
advice and consent of the city council, may appoint any officers as may
be deemed expedient.
4. The city council may provide by ordinance for the office of
city clerk and the office of city treasurer to be combined into the
office of city clerk and treasurer.
[36:125:1907; A 1911, 374; 1915, 66; 1923, 186; 1951, 53]—(NRS A
1983, 902; 1985, 672, 1173; 1989, 1164; 2001, 630 ; 2003, 679 )
Except as otherwise provided in
subsection 4 of NRS 266.405 for the
clerk and treasurer, in cities of population categories one and two, a
mayor, councilman, clerk, auditor, attorney or treasurer shall not hold
any other office under the city government during his term of office.
[47:125:1907; RL § 813; NCL § 1148]—(NRS A 1985, 1173; 1989, 1164;
2001, 631 )
Except as otherwise
provided by specific law or ordinance, all appointed officers serve at
the pleasure of the mayor and city council and may be removed by a
majority vote of the city council. The mayor may exercise the right of
veto as provided in NRS 266.200 .
[38:125:1907; A 1947, 273; 1943 NCL § 1139]—(NRS A 1987, 366; 2001,
631 )
1. Every officer of any city, whether elected or appointed, shall,
before he enters upon the duties of his office take and subscribe to the
constitutional oath of office.
2. Every officer of any city who is responsible for the handling
of city funds shall execute a bond payable to the city in such penal sum
as may, by resolution or ordinance, be directed, conditioned for the
faithful performance of the duties of his office, and the payment of all
moneys received by such officer according to law and the ordinances of
the city.
[39:125:1907; RL § 805; NCL § 1140]—(NRS A 1971, 309; 1977, 411)
1. All bonds given by the officers of any city shall be filed with
the city clerk.
2. The city council may at any time require further and additional
bonds of all officers elected and appointed.
[41:125:1907; RL § 807; NCL § 1142]—(NRS A 1971, 309)
In
case the mayor or any municipal officer is adjudged guilty of
nonfeasance, misfeasance or malfeasance by any court of competent
jurisdiction he shall be fined in a sum not exceeding $1,000. The court
in which such conviction shall be had shall enter an order removing such
officer from office; and the officer shall not be eligible to any
municipal office thereafter.
[42:125:1907; RL § 808; NCL § 1143]—(NRS A 1971, 309)
Every
officer of the city shall, within 5 days after notification and request,
deliver to his successor in office all properties, books and effects of
every description in his possession belonging to the city or appertaining
to his office; and upon his failure, refusal or neglect to do so he shall
be liable for all damages caused thereby, and to such penalty as may be
by ordinance prescribed.
[43:125:1907; RL § 809; NCL § 1144]
All elected officers of any city are entitled to receive such
compensation as may be fixed by ordinance, but, except as otherwise
provided in NRS 266.041 , the
compensation of any elected officers must not be increased or diminished
to take effect during the term for which the officer was elected. All
appointed officers are entitled to receive such compensation as may be
fixed by ordinance.
[48:125:1907; RL § 814; NCL § 1149]—(NRS A 2001, 631 , 701 ; 2003, 14 )
The city
officers, except the mayor, councilmen and municipal judge, may, after
being first duly authorized by ordinance of the city council, appoint a
deputy or deputies who have the same powers as their principals and whose
compensation may be prescribed by the city council. The city council may
authorize the appointment of a deputy on condition that no charge be made
against the city for his services.
[49:125:1907; RL § 815; NCL § 1150]—(NRS A 1983, 903)
The
duties, powers and privileges of all officers in any way connected with
the city government, not defined in this chapter, shall be defined by the
city council; and the defining by this chapter of the duties of city
officers shall not preclude the city council from defining by ordinance
further and additional duties to be performed by any such officer.
[51:125:1907; RL § 817; NCL § 1152]
CITY ATTORNEY
No person is eligible to the office
of city attorney unless he is an attorney in good standing admitted to
practice law in all the courts of this state.
[Part 54:125:1907; A 1947, 737; 1951, 389]—(NRS A 1991, 13)
The city attorney shall be the legal adviser
of the city council and all officers of the city in all matters
respecting the affairs of the city and shall perform such duties as may
be required of him by the city council or prescribed by ordinance.
[Part 54:125:1907; A 1947, 737; 1951, 389]—(NRS A 1971, 309; 2001,
631 )
The
city council may, in the exercise of its sound discretion, employ counsel
to aid the city attorney whenever, in its judgment, the public interests
require such employment, and the expense thereof must be allowed and paid
in the same manner as other claims against the city.
[Part 54:125:1907; A 1947, 737; 1951, 389]—(NRS A 2001, 631 )
CITY CLERK
The city clerk shall:
1. Keep his office at the place of meeting of the city council, or
some other place convenient thereto, as the council may direct.
2. Keep the corporate seal and all papers and records of the city.
3. Keep a record of the proceedings of the city council, whose
meetings he shall attend.
4. Countersign all contracts made in behalf of the city, and every
such contract or contracts to which the city is a party shall be void
unless signed by the city clerk.
5. Cause to be published quarterly in some newspaper published in
the city a statement of the finances of the city, showing receipts and
disbursements, and bills allowed and paid. The statement shall be signed
by the mayor and attested by the city clerk. If there should be no
newspaper published in the county, the financial statement shall be
published in a newspaper of general circulation in the county.
[18 1/2:125:1907; added 1921, 216; NCL § 1118] + [Part 52:125:1907;
RL § 818; NCL § 1153] + [53:125:1907; RL § 819; NCL § 1154]—(NRS A 1971,
309)
CITY AUDITOR
The city auditor, in cities having an
auditor, shall perform such duties as may be designated by ordinance.
[55:125:1907; RL § 821; NCL § 1156]—(NRS A 1971, 310)
CITY TREASURER
The city treasurer shall perform such duties
as may be designated by ordinance.
[57:125:1907; RL § 823; NCL § 1158] + [58:125:1907; RL § 824; NCL §
1159]—(NRS A 1971, 311)
All warrants shall be paid out
of their respective funds in the order in which they shall be issued.
[59:125:1907; RL § 825; NCL § 1160]
The treasurer shall:
1. Give to every person paying money into the city treasury a
receipt therefor, specifying the date of payment and upon what account
paid.
2. File the duplicate of such receipt with the auditor or city
clerk, as the city council may direct, at the date of his monthly report.
[60:125:1907; RL § 826; NCL § 1161]
1. The treasurer, or the county treasurer when acting as ex
officio city treasurer, shall keep all money belonging to the city
separate from all other money held by him for any other purpose or fund
and may, when one or more insured banks, credit unions or savings and
loan associations are located in the city, deposit, with unanimous
consent of his bondsmen, city money in such banks, credit unions or
savings and loan associations in demand or time accounts. When no such
banks, credit unions or savings and loan associations exist in the city,
he may deposit, with the unanimous consent of his bondsmen, city money
with any insured bank, credit union or savings and loan association in
the State of Nevada in demand or time accounts.
2. The accounts must be kept in the name of the city in such
manner as the governing board of the city may prescribe and under such
terms and conditions for the protection of the money as the governing
board may determine, not inconsistent with other laws of the State of
Nevada regulating the deposit of public money.
3. The balances in banks, credit unions or savings and loan
associations, as certified to by the proper officer thereof, and by the
oath of the city treasurer, may be counted as cash.
[6:125:1907; A 1933, 86; 1931 NCL § 1162]—(NRS A 1975, 1797; 1979,
1883; 1999, 1465 )
The treasurer shall
report to the city council at such times as may be prescribed by
ordinance, giving a full and detailed account of all receipts and
expenditures since his last report, and of the state of the treasury. He
shall also keep a register of all warrants redeemed and paid during the
year, and describing such warrants, their date, amount, number, the fund
from which paid, and the person to whom paid, specifying also the time of
payment. All such warrants shall be examined by the city council at the
time of receiving such report.
[62:125:1907; RL § 828; NCL § 1163]
All moneys received from any special assessment
shall be held by the treasurer as a special fund, to be applied to
payment for the improvement for which the assessment was made, and the
money shall be used for no other purpose whatever.
[63:125:1907; RL § 829; NCL § 1164]
CHIEF OF POLICE
1. Each city which is not participating in a metropolitan police
department must have a chief of police. The mayor shall appoint the chief
of police, subject to confirmation by the city council.
2. The chief of police shall perform such duties as may be
designated by ordinance.
[Part 73:125:1907; RL § 839; NCL § 1174]—(NRS A 1963, 8; 1971, 311;
1973, 926; 2001, 631 )
MUNICIPAL COURT
1. The municipal court shall have such powers and jurisdiction in
the city as are now provided by law for Justice Courts, wherein any
person or persons are charged with the breach or violation of the
provisions of any ordinance of such city or of this chapter, of a police
or municipal nature. The trial and proceedings in such cases must be
summary and without a jury.
2. The powers of the municipal court include the power to charge
and collect those fees authorized pursuant to NRS 5.073 .
[Part 66:125:1907; RL § 832; NCL § 1167]—(NRS A 1997, 115)
1. The municipal court has jurisdiction to hear, try and determine
all cases, whether civil or criminal, for the breach or violation of any
city ordinance or any provision of this chapter of a police or municipal
nature, and shall hear, try and determine cases in accordance with the
provisions of those ordinances or of this chapter.
2. The municipal court has jurisdiction of offenses committed
within the city, which violate the peace and good order of the city or
which invade any of the police powers of the city, or endanger the health
of the inhabitants thereof, such as breaches of the peace, drunkenness,
intoxication, fighting, quarreling, dogfights, cockfights, routs, riots,
affrays, violent injury to property, malicious mischief, vagrancy,
indecent conduct, lewd or lascivious cohabitation or behavior, and all
disorderly, offensive or opprobrious conduct, and of all offenses under
ordinances of the city.
3. The municipal court has jurisdiction of:
(a) Any action for the collection of taxes or assessments levied
for city purposes, when the principal sum thereof does not exceed $2,500.
(b) Actions to foreclose liens in the name of the city for the
nonpayment of those taxes or assessments when the principal sum claimed
does not exceed $2,500.
(c) Actions for the breach of any bond given by any officer or
person to or for the use or benefit of the city, and of any action for
damages to which the city is a party, and upon all forfeited
recognizances given to or for the use or benefit of the city, and upon
all appeal bonds given on appeals from the municipal court, when the
principal sum claimed does not exceed $2,500.
(d) Actions for the recovery of personal property belonging to the
city, when the value thereof does not exceed $2,500.
(e) Actions by the city for the collection of any damages, debts or
other obligations when the amount claimed, exclusive of costs or
attorneys’ fees, or both if allowed, does not exceed $2,500.
4. Nothing contained in subsection 3 gives the municipal court
jurisdiction to determine any such cause when it appears from the
pleadings that the validity of any tax, assessment or levy, or title to
real property is necessarily an issue in the cause, in which case the
court shall certify the cause to the district court in like manner and
with the same effect as provided by law for certification of causes by
Justice Courts.
[Part 66:125:1907; RL § 832; NCL § 1167] + [67:125:1907; RL § 833;
NCL § 1168] + [68:125:1907; RL § 834; NCL § 1169]—(NRS A 1973, 199; 1979,
1726; 1981, 470; 1985, 1623; 1991, 466)
1. The practice and proceedings in the municipal court shall
conform, as nearly as practicable, to the practice and proceedings of
Justice Courts in similar cases, except that an appeal perfected
transfers the action to the district court for trial anew. The municipal
court shall be treated and considered as a Justice Court whenever the
proceedings thereof are called into question.
2. The papers and pleadings filed in the municipal court and
process issuing therefrom shall be entitled “In the Municipal Court of
the City of ................”
3. In all actions for the violation of any ordinance, it shall be
sufficient if the complaint refer to the title and section of the
ordinance under which such action is brought.
4. All actions brought to recover any fine or to enforce any
penalty under any ordinance of any city shall be brought in the corporate
name of the city as plaintiff; and no prosecution, recovery or acquittal
for the violation of any such ordinance shall constitute a defense to any
other prosecution of the same person for any other violation of any such
ordinance, although the different causes of action existed at the same
time, and if united would not have exceeded the jurisdiction of a Justice
Court.
[30:125:1907; RL § 796; NCL § 1131] + [Part 32:125:1907; RL § 798;
NCL § 1133] + [Part 66:125:1907; RL § 832; NCL § 1167] + [Part
64:125:1907; RL § 830; NCL § 1165] + [Part 69:125:1907; A 1923, 279; NCL
§ 1170]—(NRS A 1979, 1512)
A municipal judge may punish for contempt
for the same acts or omissions, in the same manner and with the same
effects as is provided for judges in chapter 22 of NRS.
[Part 69:125:1907; A 1923, 279; NCL § 1170]—(NRS A 1975, 510; 1983,
903)
The
municipal judge shall render monthly, or as often as the city council may
require, an exact and detailed statement in writing, under oath, of the
business done and of all fines collected, as well as fines imposed but
uncollected, since his last report, and shall at the same time render and
pay into the city treasury all fines collected and money received on
behalf of the city since his last report.
[Part 69:125:1907; A 1923, 279; NCL § 1170]—(NRS A 1983, 903; 2001,
631 )
1. Any person upon whom any fine or penalty shall be imposed may,
upon the order of the court before whom the conviction is had, be
committed to the county jail or the city jail, or to such other place as
may be provided by the city for the incarceration of offenders, until
such fine or penalty shall be fully paid.
2. The city council shall have power to provide by ordinance that
every person committed shall be required to work for the city at such
labor as his strength will permit, not exceeding 8 hours each working
day; and for such work the person so employed shall be allowed $4 for
each day’s work on account of such fine. The council may provide for the
formation of a chain gang for persons convicted of offenses in violation
of the ordinances of the city, and for their proper employment for the
benefit of the city, and to safeguard and prevent their escape while
being so employed.
3. Fines imposed by the municipal court may be recovered by
execution against the property of the defendant, or the payment thereof
enforced by imprisonment in the city jail of the city at the rate of 1
day for every $4 of such fine, or the court may, in its discretion,
adjudge and enter upon the docket a supplemental order that such offender
shall work on the streets or public works of the city, at the rate of $4
for each day of the sentence, which shall apply on such fine until the
same shall be exhausted or otherwise satisfied.
[Part 32:125:1907; RL § 798; NCL § 1133] + [33:125:1907; RL § 799;
NCL § 1134] + [Part 66:125:1907; RL § 832; NCL § 1167]—(NRS A 1967, 1471)
Appeals to the district court may be taken
from any final judgment of the municipal court in accordance with the
provisions of NRS 5.073 .
[71:125:1907; RL § 837; NCL § 1172]—(NRS A 1991, 467)
FINANCES, REVENUE AND TAXATION
The city council may:
1. Control the finances of the corporation.
2. Appropriate money for corporate purposes only, and provide for
payment of debts and expenses of the corporation.
3. Levy and collect taxes within the city for general and special
purposes on real and personal property, as provided by law.
4. Borrow money on the credit of the city for corporate purposes,
in the manner and to the extent allowed by the constitution and the laws,
and issue general obligations therefor, but no city may issue or have
outstanding at any time bonds in an amount in excess of 30 percent of the
total assessed valuation of the taxable property within such city 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 20 percent of the assessed valuation.
This subsection does not restrict the power of cities as to taxation,
assessment, borrowing money, contracting debts or loaning their credit
for procuring supplies of water.
5. Secure additionally the payment of any general obligation
securities by a pledge of any revenues, other than tax proceeds, legally
available therefor.
6. Divide the city into districts for the purpose of local
taxation, or create districts for that purpose, as occasion may require.
7. Except as otherwise provided in NRS 576.128 and subsections 4 and 5 of NRS 266.355 , raise revenue by levying and collecting a
license fee or tax on any private corporation or business within the
limits of the city, and regulate it by ordinance. All such license fees
and taxes must be uniform with respect to the class upon which they are
imposed.
8. Fix the amount of licenses and the terms and manner of their
issuance.
[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1967, 55; 1969,
1580; 1981, 953; 1997, 3168; 2005, 731 )
1. The city council shall annually, at the time prescribed by law
for levying taxes for state and county purposes, levy a tax not exceeding
3 percent upon the assessed value of all real estate and personal
property within the city made taxable by law, and the tax so levied must
be collected at the same time and in the same manner and by the same
officers, exercising the same functions, as prescribed and provided in
the revenue laws of this state for collection of state and county taxes.
The revenue laws of this state shall, in every respect not inconsistent
with the provisions of this chapter, be deemed applicable to the levying,
assessing and collecting of the city taxes. In the matter of the
equalization of assessments, the rights of the city and the rights of the
inhabitants of the city must be protected in the same manner and to the
same extent by the action of the county board of equalization as are the
State and county.
2. Whenever or wherever practicable and expedient, all forms and
blanks used in levying, assessing and collecting the State and county
revenues must, with such alterations or additions as may be necessary, be
used in levying, assessing and collecting the revenue of the city.
3. The city council shall enact all such ordinances as it may deem
necessary and not inconsistent with this chapter and the laws of this
state, for the prompt, convenient and economical collecting of the city
revenue.
[75:125:1907; RL § 841; NCL § 1176]—(NRS A 2001, 632 )
The several boards of county commissioners in this state
shall, from time to time, upon request of the city council, apportion to
each incorporated city within the respective counties such proportion of
the general road fund of the county as the value of the whole property
within the corporate limits of such city, as shown by the assessment
roll, shall bear to the whole property of the county, inclusive of the
property within incorporated cities, and all such moneys so apportioned
shall be expended upon the streets, alleys and public highways of such
city under the direction and control of the council.
[76:125:1907; RL § 842; NCL § 1177]
The city
council has full power to pass and enact all ordinances necessary or
required to carry into effect the revenue laws in the city and to
enlarge, fix and determine the powers and duties of all officers in
relation thereto.
[77:125:1907; RL § 843; NCL § 1178]—(NRS A 2001, 632 )
All fines and forfeitures for the violation of ordinances
and all money collected for licenses or otherwise shall be paid into the
treasury of the city at such times and in such manner as may be
prescribed by ordinance.
[31:125:1907; RL § 797; NCL § 1132]
PUBLIC IMPROVEMENTS AND REPAIRS
The cost and expense of
buildings and land for the use of the city shall be paid for from the
proper fund of the city, including without limitation proceeds of bonds
authorized by law.
[80:125:1907; RL § 846; NCL § 1181]—(NRS A 1965, 737; 1969, 1581;
1971, 311)
DISINCORPORATION
1. Whenever one-fourth of the registered voters of any city now
existing or hereafter created by general law petition the district court
in and for the county in which the corporation is situated for the
disincorporation of the city, the district court shall cause to be
published, for at least 30 days, a notice stating that the question of
disincorporating the corporation will be submitted to the registered
voters of the corporation at the next city election. The form of the
ballot must be “For Disincorporation” or “Against Disincorporation.”
2. The registered voters provided for in this section must be
determined from the registration lists as taken from the office of the
county clerk for all precincts in the city at the last general election
held in the county.
[105:125:1907; A 1915, 35; 1949, 287; 1943 NCL § 1207]—(NRS A 1973,
12; 1987, 366; 1993, 1040)
The vote must be taken
and canvassed in the same manner as in other city elections, and return
thereof made to the district court. If the court finds that a majority of
the legal votes are cast “For Disincorporation,” a judgment must be
entered disincorporating the corporation, and upon the entry of the
judgment, its corporate powers cease.
[106:125:1907; A 1956, 23]—(NRS A 1987, 366)
1. If there is, at the time of the entry of the judgment
disincorporating a city, a voting population of 600 or more therein, then
all of the provisions of chapter 269 of NRS
shall immediately apply thereto.
2. If there is, at the time of the entry of the judgment
disincorporating a city, a voting population of less than 600 therein,
and if within 30 days after the entry of the judgment a written petition
is not filed in the clerk’s office of the county in which the
disincorporated city is situated praying for the application of the
provisions of chapter 269 of NRS, then the
board of county commissioners of the county wherein such disincorporated
city is situated shall immediately proceed to wind up the affairs of the
disincorporated city and shall perform all necessary acts as required by
the provisions of NRS 265.010 to
265.100 , inclusive, as if the
disincorporated city had been disincorporated under the provisions of NRS
265.010 to 265.100 , inclusive.
[107:125:1907; A 1956, 23]
1. If, at the time of the entry of the judgment disincorporating a
city, the provisions of chapter 269 of NRS
apply immediately to such disincorporated city, then any justice of the
peace within the town, as provided in NRS 269.165 , shall have jurisdiction to execute and
complete all unfinished business standing on the court records of the
disincorporated city.
2. If, at the time of the entry of the judgment disincorporating a
city which has a voting population of less than 600 therein, no written
petition is filed as provided in subsection 2 of NRS 266.785 , then the provisions of NRS 265.060 shall thereafter apply.
[108:125:1907; A 1956, 23]
1. Immediately following the entry of the judgment
disincorporating a city, the clerk of the district court shall:
(a) Transmit certified copies of the judgment to the Secretary of
State and to the county recorder of the county wherein the
disincorporated city is situated.
(b) Cause a notice thereof to be published once a week for 4
consecutive weeks in a newspaper published in the county, but if no
newspaper is published therein, then the clerk shall give such notice as
the district court may prescribe.
2. The notice must contain:
(a) A statement of the fact of disincorporation.
(b) A statement of the provisions of subsection 3.
(c) Such other statements as the district court may require.
3. All claims against the disincorporated city must be filed with
the clerk of the board of county commissioners within 3 months from the
date of the entry of the judgment disincorporating the city, and all
claims not so filed are forever barred.
[109:125:1907; A 1956, 23]—(NRS A 1985, 261)
