Presented by the State of Nevada with links to contents for further reading.
Chapter 275, Statutes of Nevada 1971
ARTICLE II - Legislative Department
ARTICLE III - Executive Department
ARTICLE IV - Judicial Department
ARTICLE V - Elections
ARTICLE VI - Local Improvements
ARTICLE VII - Local Bonds and Franchises
ARTICLE VIII - Revenue
ARTICLE IX - Miscellaneous Provisions
ARTICLE X - Transitional Provisions
[Approved April 15, 1971]
ARTICLE I - Incorporation of City; General Powers; Boundaries; Annexations; City Officers
Section 1.010 Preamble: Legislative intent.
1. In order to provide for the orderly government of the City of Wells and the general welfare of its citizens the legislature hereby establishes this charter for the government of the City of Wells. It is expressly declared as the intent of the legislature that all provisions of this charter be liberally construed to carry out the express purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the charter.
2. Any powers expressly granted by this charter are in addition to any powers granted to a city by the general law of this state. All provisions of Nevada Revised Statutes which are applicable generally to cities (not including, unless otherwise expressly mentioned in this charter, chapter 265, 266 or 267 of NRS) which are not in conflict with the provisions of this charter apply to the City of Wells.
(Ch. 275, Stats. 1971 p. 457)
Sec. 1.020 Incorporation of city.
1. All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 1.030 shall constitute a political and corporate body by the name of “City of Wells” and by that name they and their successors shall be known in law, have perpetual succession and may sue and be sued in all courts.
2. Whenever used throughout this charter, “city” means the City of Wells.
(Ch. 275, Stats. 1971 p. 457)
Sec. 1.030 Description of territory.
The territory embraced in the city is that certain land described in the official plat required by NRS 234.250 to be filed with the county recorder and county assessor of Elko County, as such plat is revised from time to time.
(Ch. 275, Stats. 1971 p. 458)
Sec. 1.040 Annexations.
1. There is hereby created the city annexation commission.
2. The number, qualifications, terms and selection of the members of such commission shall be determined by the board of councilmen.
3. The commission shall have all the powers and duties of a city annexation commission created pursuant to NRS 268.626 with respect to annexations to the city.
(Ch. 275, Stats. 1971 p. 458; A-Ch. 431, Stats. 1973 p. 625)
Sec. 1.050 Elective offices.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Four councilmen.
2. Such officers shall be elected as provided by this charter.
(Ch. 275, Stats. 1971 p. 458)
Sec. 1.060 Elective offices: Vacancies. Except as otherwise provided in NRS 268.325:
1. A vacancy in the board of councilmen or in the office of mayor must be filled by a majority vote of the members of the board of councilmen within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee must have the same qualifications as are required of the elective official.
2. No such appointment extends beyond the first Monday in July after the next municipal election, at which election the office must be filled for the remaining unexpired term.
(Ch. 275, Stats. 1971 p. 458; A-Ch. 854, Stats. 1989 p. 2062; Ch. 515, Stats. 1997 p. 2453)
Sec. 1.070 Mayor and councilmen not to hold other office.
1. The mayor and councilmen shall not:
(a) Hold any other elective office or employment with Elko County or the city, except as provided by law or as a member of a board or commission for which no compensation is received.
(b) Be elected or appointed to any office created by or the compensation for which was increased or fixed by the board of councilmen until 1 year after the expiration of the term for which such person was elected.
2. Any person holding any office proscribed by subsection 1 shall automatically forfeit his office as mayor or councilman.
(Ch. 275, Stats. 1971 p. 458)
Sec. 1.080 Appointive offices.
1. The board of councilmen of the city may appoint the following officers:
(a) City clerk.
(b) Municipal judge.
(c) Chief of police.
(d) City engineer.
(e) City attorney.
(f) City auditor.
(g) City manager.
2. The board of councilmen shall establish such other offices as it may deem necessary.
(Ch. 275, Stats. 1971 p. 458)
Sec. 1.090 Appointive officers: Duties; salary. All appointive officers of the city shall:
1. Perform such duties as may be designated by the board of councilmen.
2. Receive such salary as may be designated by the board of councilmen.
(Ch. 275, Stats. 1971 p. 459)
Sec. 1.100 Officials’ performance bond.
The board of councilmen may require from all officers and employees of the city constituted or appointed under this charter, except councilmen, sufficient security for the faithful and honest performance of their respective duties.
(Ch. 275, Stats. 1971 p. 459)
Sec. 1.110 Oath of office.
Every person elected or appointed to fill any office shall subscribe to the official oath as provided by the board of councilmen. Every such person shall swear or affirm that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government.
(Ch. 275, Stats. 1971 p. 459)
Sec. 2.010 Board of councilmen: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a board of councilmen consisting of four councilmen and a mayor.
2. The mayor and councilmen shall be:
(a) Bona fide residents of the city for at least 2 years prior to their election.
(b) Qualified electors within the city.
3. All councilmen, including the mayor, shall be voted upon by the registered voters of the city at large and shall serve for terms of 4 years.
4. The mayor and councilmen shall receive a salary in an amount fixed by the board of councilmen.
(Ch. 275, Stats. 1971 p. 459; A-Ch. 431, Stats. 1973 p. 625; Ch. 98, Stats. 1977 p. 212)
Sec. 2.020 Board of councilmen: Contracts.
Members of the board of councilmen may vote on any lease, contract or other agreement which extends beyond their terms of office.
(Ch. 275, Stats. 1971 p. 459)
Sec. 2.030 Board of councilmen: Duties concerning departments.
1. The board of councilmen shall control and supervise the departments of the city and may establish such rules and regulations as may be necessary for the administration of such departments.
2. The mayor shall designate from among the board of councilmen members to act as:
(a) Superintendent of public safety.
(b) Superintendent of streets and public works.
(c) Superintendent of water and utilities.
(d) Superintendent of health and sanitation.
3. The mayor shall be known as the superintendent of finance and revenue.
4. The duties of each department shall be designated by the board of councilmen.
(Ch. 275, Stats. 1971 p. 459)
Sec. 2.040 Board of councilmen: Discipline of members, other persons; subpoena power.
1. The board of councilmen may:
(a) Provide for the punishment of any member for disorderly conduct committed in its presence.
(b) Order the attendance of witnesses and the production of all papers relating to any business before the board of councilmen.
2. If any person ordered to appear before the board of councilmen fails to obey such order:
(a) The board of councilmen or any member thereof may apply to the clerk of the district court for a subpoena commanding the attendance of the person before the board of councilmen.
(b) Such clerk may issue the subpoena, and any peace officer may serve it.
(c) If the person upon whom the subpoena is served fails to obey it, the court may issue an order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him accordingly.
(Ch. 275, Stats. 1971 p. 460)
Sec. 2.050 Meetings: Quorum.
1. The board of councilmen shall hold at least one regular meeting each month, and by ordinance may provide for additional regular meetings.
2. A majority of all members of the board of councilmen constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.
3. Except as otherwise provided by law, all sessions and all proceedings of the board of councilmen shall be public.
(Ch. 275, Stats. 1971 p. 460)
Sec. 2.060 Meetings: Special.
1. Special meetings may be held on call of the mayor or by a majority of the board of councilmen, by giving a minimum of 6 hours’ notice of such special meeting to each member of the board of councilmen prior to the meeting.
2. At a special meeting:
(a) No contract involving the expenditure of money may be made or claim allowed unless notice of the meeting called to consider such action is published in a newspaper of general circulation within the city at least 1 day before such meeting.
(b) No business may be transacted except such as has been stated in the call of the meeting.
(c) No ordinance may be passed except an emergency ordinance, or one specified in section 7.030.
(Ch. 275, Stats. 1971 p. 460)
Sec. 2.070 Meetings: Time and place; rules. The board of councilmen may:
1. Fix the time and place of its meetings and judge the qualifications and election of its own members.
2. Adopt rules for the government of its members and proceedings.
(Ch. 275, Stats. 1971 p. 460)
Sec. 2.080 Oaths and affirmations.
The mayor, each councilman and the city clerk may administer oaths and affirmations relating to any business pertaining to the city before the board of councilmen or to be considered by the board of councilmen.
(Ch. 275, Stats. 1971 p. 460)
Sec. 2.090 Powers of board of councilmen: Ordinances, resolutions and orders.
1. The board of councilmen may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.
2. When power is conferred upon the board of councilmen to do and perform anything, and the manner of exercising such power is not specifically provided for, the board of councilmen may provide by ordinance the manner and details necessary for the full exercise of such power.
3. The board of councilmen may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.
4. The board of councilmen shall have such powers, not in conflict with the express or implied provisions of this charter, as are conferred generally by statute upon the governing bodies of cities organized under a special charter.
5. The board of councilmen shall not pass any ordinance increasing or diminishing the salary of any elective officer during the term for which he is elected or appointed.
(Ch. 275, Stats. 1971 p. 461)
Sec. 2.100 Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. No ordinance may be passed except by bill and by a majority vote of the whole board of councilmen. The style of all ordinances shall be as follows: “The Board of Councilmen of the City of Wells does ordain:”.
2. No ordinance shall contain more than one subject, which shall be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.
3. Any ordinance which amends an existing ordinance shall set out in full the ordinance or sections thereof to be amended, and shall indicate matter to be omitted by enclosing it in brackets and shall indicate new matter by underscoring or by italics.
(Ch. 275, Stats. 1971 p. 461)
Sec. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed must be read to the board of councilmen by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 10 days before the adoption of the ordinance. The board of councilmen shall adopt or reject the ordinance or an amendment thereto, within 30 days after the date of publication.
2. At the next regular meeting or adjourned meeting of the board of councilmen following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the board of councilmen. Thereafter, it must be read as first introduced, or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board of councilmen, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances must be signed by the mayor, attested by the city clerk and published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance becomes effective. The board of councilmen may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
(Ch. 275, Stats. 1971 p. 461; A-Ch. 160, Stats. 1983 p. 374)
Sec. 2.120 Codification of ordinances; publication of code.
1. The board of councilmen may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of councilmen, have incorporated therein a copy of this charter and such additional data as the board of councilmen may prescribe. When such code is published, two copies shall be filed with the librarian at the supreme court law library.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, “An ordinance for codifying and compiling the general ordinances of the City of Wells.”
4. The codification may be amended or extended by ordinance.
(Ch. 275, Stats. 1971 p. 462; A-Ch. 669, Stats. 1971 p. 2056; Ch. 344, Stats. 1971 p. 430)
Sec. 2.130 Powers of board of councilmen: Public property, buildings.
1. The board of councilmen may:
(a) Control the property of the corporation.
(b) Erect and maintain all buildings necessary for the use of the city.
(c) Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the city, improve and protect such property, and do all other things in relation thereto which natural persons might do.
2. The board of councilmen may not, except as otherwise specifically provided by this charter or any other law, mortgage, hypothecate or pledge any property of the city for any purpose.
(Ch. 275, Stats. 1971 p. 462)
Sec. 2.140 Powers of board of councilmen: Eminent domain.
The board of councilmen may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.
(Ch. 275, Stats. 1971 p. 463)
Sec. 2.150 Powers of board of councilmen: Licensing, regulation and prohibition of businesses, trades and professions.
1. The board of councilmen may:
(a) Regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. No person licensed by an agency of the State of Nevada to practice any trade or profession except gaming may be denied a license to conduct his profession.
3. The board of councilmen may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
(Ch. 275, Stats. 1971 p. 463)
Sec. 2.160 Powers of board of councilmen: Police ordinances.
1. The board of councilmen 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 may also be established by ordinance of the board of councilmen as a city offense whenever such offense is committed within the city.
(Ch. 275, Stats. 1971 p. 463; A-Ch. 431, Stats. 1973 p. 626)
Sec. 2.170 Powers of board of councilmen: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations. [Effective through January 31, 2000.] The board of councilmen may:
1. Organize, regulate and maintain a fire department.
2. Provide for the appointment of a fire chief and prescribe his duties.
3. Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept.
4. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
(Ch. 275, Stats. 1971 p. 463)
Sec. 2.170 Powers of board of councilmen: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations. [Effective February 1, 2000.] The board of councilmen may:
1. Organize, regulate and maintain a fire department.
2. Provide for the appointment of a fire chief and prescribe his duties.
3. Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept. Any ordinance adopted pursuant to this subsection that regulates places of employment where explosives are stored must be at least as stringent as the standards and procedures adopted by the division of industrial relations of the department of business and industry pursuant to NRS 618.890.
4. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
(Ch. 275, Stats. 1971 p. 463; A-Ch. 391, Stats. 1999 p. 1863, effective February 1, 2000)
Sec. 2.180 Powers of board of councilmen: Public health; board of health; regulations. The board of councilmen 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.
(Ch. 275, Stats. 1971 p. 463)
Sec. 2.190 Powers of board of councilmen: Buildings; construction and maintenance regulations; building and safety codes. The board of councilmen may:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.
2. Adopt any building or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary.
(Ch. 275, Stats. 1971 p. 463)
Sec. 2.200 Powers of board of councilmen: Zoning and planning.
1. The board of councilmen may:
(a) Divide the city into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within such districts.
(b) Establish and adopt ordinances and regulations relating to the subdivision of land.
2. The board of councilmen shall carry out the provisions of subsection 1 in the manner prescribed by chapter 278 of NRS, as amended from time to time.
(Ch. 275, Stats. 1971 p. 463)
Sec. 2.210 Powers of board of councilmen: Rights of way, parks, public buildings and grounds and other public places. The board of councilmen 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.
(Ch. 275, Stats. 1971 p. 464)
Sec. 2.220 Powers of board of councilmen: Golf course. The board of councilmen may:
1. Acquire, establish and maintain any golf course, driving range, clubhouse, pro shop and other facility related thereto.
2. Cooperate with any nonprofit corporation or association formed under the laws of the State of Nevada for the purpose of engaging in such activities by:
(a) Donating, leasing or selling lands, buildings, improvements and personal property to such corporations or associations.
(b) Donating funds and acquiring membership in such corporations or associations.
(Ch. 275, Stats. 1971 p. 464)
Sec. 2.230 Powers of board of councilmen: Traffic control. The board of councilmen may, by ordinance, regulate:
1. All vehicular, pedestrian and other traffic within the city and provide generally for the public safety on public streets and rights of way.
2. The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.
(Ch. 275, Stats. 1971 p. 464)
Sec. 2.240 Powers of board of councilmen: Parking meters; offstreet public parking facilities.
1. The board of councilmen may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the board of councilmen.
2. Except as otherwise provided by this charter, the board of councilmen may acquire property within the city by any lawful means except eminent domain for the purpose of establishing offstreet public parking facilities for vehicles. The board of councilmen may, in bonds issued to acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.
(Ch. 275, Stats. 1971 p. 464; A-Ch. 482, Stats. 1981 p. 976)
Sec. 2.250 Powers of board of councilmen: Railroads. The board of councilmen may:
1. License, regulate or prohibit the location, construction or laying of tracks of any railroad or streetcar in any public right of way.
2. Grant franchises to any person or corporation to operate a railroad or streetcar upon public rights of way and adjacent property.
3. Declare a nuisance and require the removal of the tracks of any railroad or streetcar in any public right of way.
4. Condemn rights of way for any public purpose across any railroad right of way.
5. Prescribe the length of time any public right of way may be obstructed by trains standing thereon.
6. Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.
(Ch. 275, Stats. 1971 p. 465)
Sec. 2.260 Powers of board of councilmen: Nuisances. The board of councilmen may:
1. Determine by ordinance what shall be deemed nuisances.
2. Provide for the abatement, prevention and removal of such nuisances at the expense of the person creating, causing or committing such nuisances.
3. Provide that such expense of removal shall be a lien upon the property upon which the nuisance is located. Such lien shall:
(a) Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment of general taxes.
(c) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible for such nuisances.
(Ch. 275, Stats. 1971 p. 465)
Sec. 2.270 Powers of board of councilmen: Animals and poultry. The board of councilmen may:
1. Fix, impose and collect an annual per capita tax on all animals and provide for the capture and disposal of all animals on which the tax is not paid.
2. Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.
3. Establish a pound, appoint a poundkeeper and prescribe his duties.
4. Prohibit cruelty to animals.
(Ch. 275, Stats. 1971 p. 465)
Sec. 2.280 Powers of board of councilmen: Abatement of noxious insects, rats and disease-bearing organisms.
The board of councilmen may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the city or in territory outside the city but so situated that such insects, rats and disease-bearing organisms migrate or are carried into the city.
(Ch. 275, Stats. 1971 p. 466)
Sec. 2.290 Powers of board of councilmen: Sanitary sewer facilities. The board of councilmen may:
1. Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the city.
2. Sell any product or byproduct thereof and acquire the appropriate outlets within or without the city and extend the sewerlines thereto.
3. Establish sewer fees and provide for the enforcement and collection thereof.
(Ch. 275, Stats. 1971 p. 466)
Sec. 2.300 Powers of board of councilmen: Provisions of utilities. The board of councilmen 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 such utilities.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Elko County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
(Ch. 275, Stats. 1971 p. 466)
Sec. 2.310 Powers of board of councilmen: Cemeteries; acquisition and maintenance.
The board of councilmen may, by any lawful means, acquire and maintain property for public use as a cemetery.
(Ch. 275, Stats. 1971 p. 466)
Sec. 2.320 Powers of board of councilmen: Television franchises.
1. The board of councilmen may contract with, authorize or grant a franchise to, any person, company or association to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture.
2. Any franchise granted shall require a time within which actual construction shall be commenced, time within which distribution of television shall be completed, and posting of a bond in an amount to be set by the board of councilmen to assure compliance therewith.
(Ch. 275, Stats. 1971 p. 466)
Sec. 3.010 Mayor: Duties; vice president.
1. The mayor shall:
(a) Serve as a member and ex officio president of the board of councilmen and preside over its meetings.
(b) Serve as the chief executive officer of the city.
(c) Perform such emergency duties as may be necessary for the general health, welfare and safety of the city.
(d) Perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provision of a special charter.
2. The board of councilmen shall elect one of its members to be vice president. Such person shall:
(a) Hold such office and title, without additional compensation, during the term for which he was elected.
(b) Perform the duties of mayor during the absence or disability of the mayor.
(c) Act as mayor until the next municipal election if the office of mayor becomes vacant.
(Ch. 275, Stats. 1971 p. 467)
Sec. 3.020 City clerk: Duties. The city clerk shall:
1. Keep the corporate seal and all books and papers belonging to the city.
2. Attend all meetings of the board of councilmen and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the board of councilmen, the city clerk shall attest the journal after it has been signed by the mayor.
3. Sign all warrants issued.
4. Number and countersign all licenses issued by the city. All licenses shall be in a form devised by the city clerk and approved by the board of councilmen.
5. Enter upon the journal the result of the vote of the board of councilmen upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses or increasing or decreasing the rates of licenses.
6. Act as ex officio city treasurer.
7. Perform such other duties as may be required by the board of councilmen.
(Ch. 275, Stats. 1971 p. 467)
Sec. 3.030 City clerk’s bond; performance bonds.
The city clerk shall be liable and accountable on his official bond for the performance of his duties under the provisions of this charter, and the board of councilmen may require from him such additional security as may be necessary from time to time.
(Ch. 275, Stats. 1971 p. 467)
Sec. 3.040 City Attorney: Qualifications; duties.
1. The city attorney shall be a duly licensed member of the State Bar of Nevada but he need not be a resident of the city.
2. The city attorney shall be the legal officer of the city and shall perform such duties as may be designated by ordinance.
(Ch. 275, Stats. 1971 p. 467)
Sec. 3.050 County Assessor to be ex officio city assessor; duties.
1. The county assessor of Elko County shall be ex officio city assessor of the city. The county assessor shall perform such duties for the city without additional compensation.
2. Upon request of the ex officio city assessor, the board of councilmen may appoint and set the salary of a deputy city assessor to perform such duties relative to city assessments as may be deemed necessary.
(Ch. 275, Stats. 1971 p. 468)
Sec. 3.060 Chief of Police: Police officers.
The chief of police may, subject to approval of the board of councilmen, appoint and supervise such police officers as may be deemed necessary.
(Ch. 275, Stats. 1971 p. 468)
Sec. 3.070 City Officers: Duties restricted and altered.
The board of councilmen may prescribe by ordinance the powers and duties of all city officers, where such powers and duties have not been established by this charter, and may add to, alter or restrict such powers and duties.
(Ch. 275, Stats. 1971 p. 468)
Sec. 3.080 City Officers: Absence from office.
If any appointive officer removes his office from the city, or absents himself therefrom for more than 30 days without leave of the board of councilmen, his office shall be declared vacant by the board of councilmen and the vacancy filled by appointment as provided in this charter.
(Ch. 275, Stats. 1971 p. 468)
Sec. 3.090 City Officers: Collection and disposition of moneys.
1. All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person pursuant to the provisions of this charter or of any valid ordinance of the city shall be paid by the officer or person collecting or receiving them to the city clerk, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the board of councilmen.
2. The board of councilmen may by proper legal action collect all moneys which are due and unpaid to the city or any office thereof, and the board of councilmen may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.
(Ch. 275, Stats. 1971 p. 468)
Sec. 3.100 Removal of Officers.
If any officer is adjudged guilty of misfeasance, nonfeasance or malfeasance in office, by a court of competent jurisdiction, the board of councilmen may declare the office vacant and fill the vacancy so caused, as provided by law.
(Ch. 275, Stats. 1971 p. 468)
Sec. 4.030 Disposition of fines.
All fines and forfeitures for the violation of ordinances shall be paid into the treasury of the city in the manner to be prescribed by ordinance.
(Ch. 275, Stats. 1971 p. 469)
Sec. 5.010 General municipal elections.
1. On the Tuesday after the 1st Monday in June 1975, and at each successive interval of 4 years thereafter, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, a mayor and one councilman, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
2. On the Tuesday after the 1st Monday in June 1977, and at each successive interval of 4 years thereafter, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, three councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
(Ch. 275, Stats. 1971 p. 469)
Sec. 5.020 Applicability of state election laws; elections under board of councilmen’s control; voting precincts.
1. All elections held under this charter shall be governed by the provisions of the election laws of this state, so far as such laws can be made applicable and are not inconsistent herewith.
2. The conduct of all municipal elections shall be under the control of the board of councilmen. For the conduct of municipal elections, for the prevention of fraud in such elections, and for the recount of ballots in cases of doubt or fraud, the board of councilmen shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.
3. There shall be but one voting precinct in the city. All elective officers shall be elected by the voters of the city at large.
(Ch. 275, Stats. 1971 p. 469)
Sec. 5.030 Qualifications, registration of voters.
1. Every person who resides within the city at the time of holding any municipal election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at each municipal election, and for all officers to be voted for and on all questions that may be submitted to the people at any such elections, except as otherwise provided in this article.
2. Nothing in this charter shall be so construed as to deny or abridge the power of the board of councilmen to provide for supplemental registration.
(Ch. 275, Stats. 1971 p. 469)
Sec. 5.040 Names on ballots.
The full names of all candidates, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates’ legal names is allowed and the nicknames may be printed on the official ballots. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot.
(Ch. 275, Stats. 1971 p. 470)
Sec. 5.050 Ballots for ordinances and charter amendments.
An ordinance or charter amendment to be voted on in the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: “Shall the above described (ordinance) (amendment) be adopted?” The ballot or voting machine or device shall be so marked as to indicate clearly in what manner the voter may cast his vote, either for or against the ordinance or amendment.
(Ch. 275, Stats. 1971 p. 470; A-Ch. 669, Stats. 1971 p. 2056)
Sec. 5.060 Availability of lists of registered voters.
If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall either permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list.
(Ch. 275, Stats. 1971 p. 470)
Sec. 5.070 Watchers and Challengers.
A candidate is entitled upon written application to the election authorities at least 5 days before the election to appoint two persons to represent him as watchers and challengers at each polling place where voters may cast their ballots for him. A person so appointed has all the rights and privileges prescribed by watchers and challengers under the election laws of this state. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.
(Ch. 275, Stats. 1971 p. 470)
Sec. 5.080 Voting machines.
The board of councilmen may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law or regulations of the secretary of state.
(Ch. 275, Stats. 1971 p. 470)
Sec. 5.090 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any municipal election shall be filed with the city clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the board of councilmen.
2. The board of councilmen shall meet on the 1st Tuesday after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the board of councilmen.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.
4. If any election should result in a tie, the board of councilmen shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.
Sec. 5.100 Contest of election.
A contested election for any municipal office shall be determined according to the law of the state regulating proceedings in contested elections in political subdivisions.
(Ch. 275, Stats. 1971 p. 471)
Sec. 6.010 Local improvement law.
The board of councilmen on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects; and
13. Water projects.
(Ch. 275, Stats. 1971 p. 471; A-Ch. 306, Stats. 1973 p. 380; Ch. 361, Stats. 1983 p. 876)
Sec. 6.020 Local improvement law: Collateral powers.
The board of councilmen on behalf of the city for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS, as amended from time to time.
(Ch. 275, Stats. 1971 p. 471; A-Ch. 306, Stats. 1973 p. 381)
Sec. 7.010 Debt limit.
1. The city shall not incur an indebtedness in excess of 40 percent of the total assessed valuation of the taxable property within the boundaries of the city.
2. In determining any debt limitation under this section, there shall not be counted as indebtedness:
(a) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment.
(b) Any special assessment bonds, although a deficiency in the proceeds of the assessments is required to be paid from the general fund to the city.
(c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.
(Ch. 275, Stats. 1971 p. 471)
Sec. 7.020 Acquisition, operation of municipal utilities.
The city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
(Ch. 275, Stats. 1971 p. 472)
Sec. 7.030 Borrowing money.
1. Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except for securities issued under section 6.020.
2. Any property tax levied to pay the principal of or interest on such indebtedness must be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive.
3. Any ordinance pertaining to the sale or issuance of bonds or other securities, including without limitation securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the board of councilmen in any ordinance that it is of this kind is conclusive in the absence of fraud or gross abuse of discretion.
(Ch. 275, Stats. 1971 p. 472; A-Ch. 482, Stats. 1981 p. 977)
Sec. 8.010 Municipal taxes.
1. The board of councilmen shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 3 percent upon the assessed value of all real and personal property within the city, except as otherwise provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of state and county taxes. The revenue laws of the state shall, in every respect not inconsistent with the provisions of this charter, be applicable to the levying, assessing and collecting of the municipal taxes.
2. In the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization as are the state and county.
3. All forms and blanks used in levying, assessing and collecting the revenues of the state and counties shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The board of councilmen shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.
(Ch. 275, Stats. 1971 p. 473)
Sec. 8.020 Revenue ordinances.
The board of councilmen shall have full power to pass and enact all ordinances necessary to carry into effect the revenue laws in the city and to enlarge, fix and determine the powers and duties of all officers in relation thereto.
(Ch. 275, Stats. 1971 p. 473)
Sec. 9.010 Severability of provisions.
If any portion of this charter is held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this charter. The legislature hereby declares that it would have passed the charter and each portion thereof, irrespective of the portion which may be deemed unconstitutional or otherwise invalid.
(Ch. 275, Stats. 1971 p. 473)
Sec. 9.020 Effect of enactment of charter.
1. All rights and property of every kind and description which were vested in the city prior to the enactment of this charter shall be vested in the same municipal corporation on the effective date of this charter. No right or liability, either in favor of or against such corporation existing at the time of becoming incorporated under this charter, and no action or prosecution shall be affected by such change, but it shall stand and progress as if no change had been made.
2. Whenever a different remedy is given by this charter, which may properly be made applicable to any right existing at the time of such city so becoming incorporated under this charter, such remedy shall be cumulative to the remedy before provided, and used accordingly.
3. All ordinances and resolutions in effect in the city prior to the effective date of this charter shall, unless in conflict with the provisions of this charter, continue in full force and effect until amended or repealed.
4. The enactment of this charter shall not effect any change in the legal identity of the city.
5. The enactment of this charter shall not be construed to repeal or in any way affect or modify:
(a) Any special, local or temporary law.
(b) Any law or ordinance making an appropriation.
(c) Any ordinance affecting any bond issue or by which any bond issued may have been authorized.
(d) The running of the statute of limitations in force at the time this charter becomes effective.
(e) Any bond of any public officer.
(Ch. 275, Stats. 1971 p. 473)
Sec. 10.010 Continuation of certain officers.
1. The councilman elected at large to a 4-year term at the general municipal election held June 3, 1969, shall continue in office as a councilman until the election, and qualification thereafter, of his successor at the general municipal election to be held on the first Tuesday after the first Monday of June, 1973. The successor shall serve a 4-year term until the election, and qualification thereafter, in turn, of his successor pursuant to subsection 2 of section 5.010.
2. The two councilmen elected at large for 2-year terms each at the general municipal election held June 8, 1971, shall continue in office as councilmen until the election, and qualification thereafter, of their successors at the general municipal election to be held on the first Tuesday after the first Monday of June, 1973. The successors shall each serve a 4-year term until the election, and qualification thereafter, in turn, of their successors pursuant to subsection 2 of section 5.010.
3. The councilman elected at large to a 4-year term at the general municipal election held June 8, 1971, shall continue in office as a councilman until the election, and qualification thereafter, of his successor pursuant to subsection 1 of section 5.010.
4. The mayor, elected to a 4-year term at the general municipal election held June 8, 1971, shall continue in the office of mayor until the election, and qualification thereafter, of his successor pursuant to subsection 1 of section 5.010.
(Added-Ch. 431, Stats. 1973 p. 626)
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Ammendments, Additions, Alterations, Modifications or Updates that have occured and which are listed above and therein and may not or were not available at the time and date of this posting can be found HERE >>> State of Nevada / City Charters.
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