[Rev. 11/20/2013 4:44:54 PM--2013]

SPARKS CITY CHARTER

Chapter 470, Statutes of Nevada 1975

AN ACT incorporating the City of Sparks, in Washoe County, Nevada, under a new charter; defining the boundaries thereof; and providing other matters properly relating thereto.

[Approved May 16, 1975]

ARTICLE I - Incorporation of City; General Powers; Boundaries; Wards and Annexations; City Offices; Charter Committee

      Section 1.010  Preamble: Legislative intent.

      1.  In order to provide for the orderly government of the City of Sparks and the general welfare of its citizens the Legislature hereby establishes this Charter for the government of the City of Sparks. 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, chapters 265, 266 or 267 of NRS) which are not in conflict with the provisions of this Charter apply to the City of Sparks.

      3.  The City may have and use a common seal and may exchange the same at pleasure.

      (Ch. 470, Stats. 1975 p. 724)

      Sec. 1.015  Definitions: Gender, number, tense.

      1.  Except as otherwise expressly provided in a particular section of this Charter or required by the context:

      (a) The masculine gender includes the feminine and neuter genders.

      (b) The singular number includes the plural number, and the plural includes the singular.

      (c) The present tense includes the future tense.

      2.  The use of a masculine noun or pronoun in conferring a benefit or imposing a duty does not exclude a female person from that benefit or duty. The use of a feminine noun or pronoun in conferring a benefit or imposing a duty does not exclude a male person from that benefit or duty.

      (Added—Ch. 450, Stats. 1985 p. 1307)

      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 Sparks” 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 Sparks.

      (Ch. 470, Stats. 1975 p. 724)

      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 the County Assessor of Washoe County, as such plat is revised from time to time.

      (Ch. 470, Stats. 1975 p. 724)

      Sec. 1.040  Wards: Creation; boundaries.

      1.  The City must be divided into five wards, each of which must be as nearly equal in population as can be conveniently provided, and the territory comprising each ward must be contiguous.

      2.  The boundaries of the wards must be established and changed by ordinance. The boundaries of the wards:

      (a) Must be changed whenever the population in any ward, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, exceeds the population in any other ward by more than 5 percent.

      (b) May be changed to include territory that has been annexed, or whenever the population in any ward exceeds the population in another ward by more than 5 percent as determined by any measure that is found to be reliable by the City Council.

      (Ch. 470, Stats. 1975 p. 724; A—Ch. 41, Stats. 2001 p. 394; Ch. 107, Stats. 2003 p. 602)

      Sec. 1.050  Annexations.  The City may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to a county whose population is less than 700,000.

      (Ch. 470, Stats. 1975 p. 725; A—Ch. 796, Stats. 1989 p. 1936; Ch. 253, Stats. 2011 p. 1318)

      Sec. 1.060  Elective officers: Qualifications; salaries.

      1.  The elective officers of the City consist of:

      (a) A Mayor.

      (b) Five members of the Council.

      (c) A City Attorney.

      (d) Municipal Judges, the number to be determined pursuant to section 4.010.

      2.  All elective officers of the City must be:

      (a) Bona fide residents of the City for at least 30 days immediately preceding the last day for filing a declaration of candidacy for such an office.

      (b) Residents of the City during their term of office, and, in the case of a member of the Council, a resident of the ward the member represents.

      (c) Registered voters within the City.

      3.  No person may be elected or appointed as a member of the Council who was not an actual bona fide resident of the ward to be represented by him or her for a period of at least 30 days immediately preceding the last day for filing a declaration of candidacy for the office, or, in the case of appointment, 30 days immediately preceding the day the office became vacant.

      4.  The City Attorney must be a licensed member of the State Bar of Nevada.

      5.  Each elective officer is entitled to receive a salary in an amount fixed by the City Council. At any time before January 1 of the year in which a general election is held, the City Council shall enact an ordinance fixing the initial salary for each elective office for the term beginning on the first Monday following that election. This ordinance may not be amended to increase or decrease the salary for the office of Mayor, City Council Member or City Attorney during the term. If the City Council fails to enact such an ordinance before January 1 of the election year, the succeeding elective officers are entitled to receive the same salaries as their respective predecessors.

      (Ch. 470, Stats. 1975 p. 725; A—Ch. 98, Stats. 1977 p. 211; Ch. 380, Stats. 1977 p. 711; Ch. 412, Stats. 1983 p. 1028; Ch. 450, Stats. 1985 p. 1308; Ch. 24, Stats. 1987 p. 59; Ch. 253, Stats. 1989 p. 546; Ch. 129, Stats. 1993 p. 228; Ch. 41, Stats. 2001 p. 394)

      Sec. 1.070  Elective offices; vacancies.  Except as otherwise provided in NRS 268.325:

      1.  A vacancy in the City Council or in the office of City Attorney or Municipal Judge must be filled by appointment of the Mayor, subject to confirmation by the City Council, within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the City Council before the vacancy occurs. In such a case, each member of the Council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Council pursuant to this section. If the majority of the Council is unable or refuses for any reason to confirm any appointment made by the Mayor within 30 days after the vacancy occurs, the City Council shall present to the Mayor the names of two qualified persons to fill the vacancy. The Mayor shall, within 15 days after the presentation, select one of the two qualified persons to fill the vacancy. The appointee must have the same qualifications required of the elected official.

      2.  A vacancy in the office of the Mayor must be filled by the Mayor pro tempore. The resulting vacancy in the City Council must be filled as provided in subsection 1.

      3.  The appointee or Mayor pro tempore, in the case of a vacancy in the office of Mayor, shall serve until his or her successor is elected and qualified at the next general election to serve the remainder of the unexpired term.

      (Ch. 470, Stats. 1975 p. 725; A—Ch. 380, Stats. 1977 p. 712; Ch. 24, Stats. 1987 p. 60; Ch. 125, Stats. 1989 p. 281; Ch. 854, Stats. 1989 p. 2061; Ch. 515, Stats. 1997 p. 2452; Ch. 41, Stats. 2001 p. 395; Ch. 32, Stats. 2011 p. 132)

      Sec. 1.080  Appointive positions.

      1.  The Mayor of the City shall appoint a City Manager, subject to confirmation by the City Council.

      2.  Except as otherwise provided in this Charter, the City Manager shall appoint the heads of each department.

      3.  Except as otherwise provided in this Charter, the City Manager or the designee of the City Manager may appoint any employee employed in a bona fide executive, administrative or professional capacity. As used in this subsection:

      (a) “Employee employed in a bona fide executive capacity” has the meaning ascribed to it in 29 C.F.R. § 541.100.

      (b) “Employee employed in a bona fide administrative capacity” has the meaning ascribed to it in 29 C.F.R. § 541.200.

      (c) “Employee employed in a bona fide professional capacity” has the meaning ascribed to it in 29 C.F.R. § 541.300.

      4.  The City Manager shall create and revise as necessary a document which:

      (a) Describes the organization of all departments, divisions and offices of the City; and

      (b) Sets forth all appointive positions of the City.

      (Ch. 470, Stats. 1975 p. 726; A—Ch. 457, Stats. 1979 p. 851; Ch. 450, Stats. 1985 p. 1309; Ch. 24, Stats. 1987 p. 60; Ch. 350, Stats. 1987 p. 790; Ch. 129, Stats. 1993 p. 229; Ch. 32, Stats. 2011 p. 133)

      Sec. 1.090  Appointive positions: Miscellaneous provisions.

      1.  Employees holding appointive positions shall perform such duties as may be directed by the City Manager and such other duties as may be designated by ordinance.

      2.  The City Council may require from all employees of the City appointed under this Charter, sufficient security for the honest performance of their respective duties. The cost of the bond must be paid by the City.

      3.  A person appointed by the City Manager to any position may be removed from that position by the City Manager. The officer so removed has the right of appeal to the Mayor and City Council and may demand a hearing before the City Council. The demand must be made within 10 days after the removal. The decision and action of the City Council upon the hearing is final.

      (Ch. 470, Stats. 1975 p. 726; A—Ch. 380, Stats. 1977 p. 713; Ch. 450, Stats. 1985 p. 1310)

      Sec. 1.100  Mayor and Council Members not to hold other office.

      1.  The Mayor and a member of the Council may not:

      (a) Hold any other elective office with the State of Nevada, Washoe County, the City of Sparks or any other city, except as provided by law.

      (b) Except as otherwise provided in subsection 3 of section 3.010, be appointed to any position created by, or the compensation for which was increased or fixed by, the City Council 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 automatically forfeits his or her office as Mayor or member of the Council.

      (Ch. 470, Stats. 1975 p. 726; A—Ch. 450, Stats. 1985 p. 1310; Ch. 32, Stats. 2011 p. 134)

      Sec. 1.110  Oath of office.  Every person elected or appointed under the provisions of sections 1.060 to 1.090, inclusive, shall subscribe to the official oath as provided by the City Council. Each person shall swear or affirm that he or she 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. 470, Stats. 1975 p. 726; A—Ch. 450, Stats. 1985 p. 1311)

      Sec. 1.120  Personal financial interest prohibition.

      1.  Any City officer or employee who has a financial interest, direct or indirect:

      (a) By reason of ownership of stock in any corporation;

      (b) In any contract with the City;

      (c) In the sale of any land, material, supplies or services to the City; or

      (d) With a contractor supplying the city;

Ê shall make known that interest before voting upon an issue relating to that interest or otherwise participating in his or her capacity as a City officer or employee in the making of such sale or in the making or performance of such contract.

      2.  Any City officer or employee who willfully conceals such financial interest or willfully violates the requirements of this section is guilty of malfeasance in office or position and shall forfeit the office or position.

      3.  Any knowledge, express or implied, of the person or corporation contracting with or making a sale to the City in violation of this section shall make the contract or sale voidable by the City Manager or the City Council.

      (Ch. 470, Stats. 1975 p. 727; A—Ch. 380, Stats. 1977 p. 713)

      Sec. 1.125  Employees as volunteers: Attendance at meetings during working hours.  The City Manager may authorize any employee who volunteers to serve on any board or commission of the City to attend meetings of the board or commission during his or her normal working hours.

      (Added—Ch. 450, Stats. 1985 p. 1307)

      Sec. 1.130  Certain activities prohibited.

      1.  A person shall not be appointed to or removed from, or in any way favored or discriminated against with respect to, any City position or appointive City administrative office because of race, sex, sexual orientation, religion, color, age, disability, marital status or national origin, or because of political or personal reasons or affiliations, except when based upon a bona fide occupational qualification.

      2.  A person who seeks appointment or promotion with respect to any City position or appointive City administrative office shall not directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his or her test, appointment, proposed appointment, promotion or proposed promotion.

      3.  A person shall not orally, in writing or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any elected officer of the City or candidate for any City office from any person holding any compensated appointive City position.

      4.  A person who holds any compensated appointive City position shall not make, solicit or receive any contribution of campaign funds for any elected officer of the City or candidate for any City office or take any part in the management, affairs or political campaign of the candidate.

      5.  Any person who by himself, herself or with others willfully violates any of the provisions of subsections 1, 2 or 3 is subject to the jurisdiction of the Justice Court of the Township of Sparks and is guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.

      6.  Any person who violates any of the provisions of this section shall be ineligible to hold any City office or position for a period of 5 years and, if the person is an officer or employee of the City, shall immediately forfeit his or her office or position.

      (Ch. 470, Stats. 1975 p. 727; A—Ch. 380, Stats. 1977 p. 714; Ch. 457, Stats. 1979 p. 852; Ch. 32, Stats. 2011 p. 134)

      Sec. 1.140  Charter Committee: Appointment; terms; qualifications; compensation.

      1.  The Charter Committee must be appointed as follows:

      (a) One by each member of the Council.

      (b) One by the Mayor.

      (c) One by each member of the Senate and Assembly delegation representing the residents of the City.

      2.  Each member shall:

      (a) Serve during the term of the person by whom he or she was appointed;

      (b) Be a registered voter of the City; and

      (c) Reside in the City during his or her term of office.

      3.  Members of the Committee are entitled to receive compensation, in an amount set by ordinance of the City Council, for each full meeting of the Charter Committee they attend.

      (Ch. 470, Stats. 1975 p. 728; A—Ch. 450, Stats. 1985 p. 1311)

      Sec. 1.150  Charter Committee: Meetings; duties.  The Charter Committee shall:

      1.  Meet at least once every 2 years immediately before the beginning of each regular session of the Legislature and when requested by the City Council or the Chair of the Committee.

      2.  Prepare recommendations to be presented to the Legislature on behalf of the City concerning all necessary amendments to the City Charter.

      3.  Recommend to the City Council the salary to be paid all elective officers for the ensuing term.

      4.  Perform all functions and do all things necessary to accomplish the purposes for which it is established, including but not limited to holding meetings and public hearings, and obtaining assistance from City officers.

      (Ch. 470, Stats. 1975 p. 728; A—Ch. 450, Stats. 1985 p. 1311)

      Sec. 1.160  Charter Committee members: Removal; grounds.

      1.  Any member may be removed by a majority of the remaining members of the Committee for cause, including the failure or refusal to perform the duties of the office, the absence from three successive regular meetings, or ceasing to meet any qualification for appointment to the Committee.

      2.  In case of removal, a replacement must be appointed by the officer who appointed the removed member.

      (Ch. 470, Stats. 1975 p. 728; A—Ch. 450, Stats. 1985 p. 1312; Ch. 350, Stats. 1987 p. 790)

ARTICLE II - Legislative Department

      Sec. 2.010  City Council.  The legislative power of the City is vested in a City Council consisting of five Council Members.

      (Ch. 470, Stats. 1975 p. 728)

      Sec. 2.020  City Council: Discipline of members, other persons; subpoena power.

      1.  The City Council may:

      (a) Provide, by resolution or ordinance, for the discipline of any elected or appointed officer of the City for unethical conduct.

      (b) Subpoena any witness to appear and testify and subpoena any evidence in the possession of any person relating to any business before the City Council.

      2.  Any subpoena issued by the City Council must be signed by the City Clerk and served in the same manner as a subpoena issued by the district court, and must contain a notice that failure to obey the subpoena may subject the person subpoenaed to prosecution for a misdemeanor or may result in his or her being in contempt of the district court.

      3.  If any person subpoenaed to appear before the City Council fails to obey such subpoena:

      (a) He or she may be prosecuted in the Municipal Court for a misdemeanor.

      (b) The City Council may apply to the district court and the district court may issue an order requiring the person to comply with the subpoena. If the person does not comply with the order of the district court, the court may, upon application by the City Council, order the person to show cause why he or she should not be held in contempt of the court. After a hearing upon the matter, the court may adjudge the person guilty of contempt and punish him or her accordingly.

      (Ch. 470, Stats. 1975 p. 728; A—Ch. 380, Stats. 1977 p. 715; Ch. 450, Stats. 1985 p. 1312)

      Sec. 2.030  Meetings: Regular; special; quorum.

      1.  The City Council shall hold regular meetings at least twice each month at times it designates by ordinance. When a regular meeting falls on a holiday, the Council must hold the meeting on the next business day.

      2.  Special meetings may be held on a call of the Mayor or by a majority of the Council. Reasonable effort must be made to give notice of a special meeting to each member of the Council, the Mayor, City Clerk, City Attorney, City Manager and to any other person who has submitted a request for notice to the City Clerk. Notice is not required if the Mayor has declared an emergency.

      3.  At a special meeting, unless the entire City Council otherwise consents:

      (a) Or unless notice of the meeting is published in a newspaper of general circulation in the City at least 1 day before the meeting, a contract or claim involving the expenditure of money may not be approved;

      (b) Only emergency ordinances may be passed; and

      (c) Only that business which was stated in the call of the meeting may be discussed.

      4.  Except as otherwise provided in NRS 241.0355, a majority of all members of the City Council constitutes a quorum to do business, but a lesser number may meet and recess and compel the attendance of the absent members.

      5.  No meeting of the City Council may be held for the purpose of conducting or discussing City business except as provided in this section.

      (Ch. 470, Stats. 1975 p. 729; A—Ch. 380, Stats. 1977 p. 715; Ch. 457, Stats. 1979 p. 853; Ch. 450, Stats. 1985 p. 1313; Ch. 255, Stats. 2001 p. 1131)

      Sec. 2.040  Proceedings; participation of citizens.

      1.  The City Council may adopt rules for the conduct of its proceedings.

      2.  Any person, personally or through counsel, may present grievances or offer suggestions for the improvement of municipal affairs at any regular meeting of the Council.

      (Ch. 470, Stats. 1975 p. 729; A—Ch. 450, Stats. 1985 p. 1313; Ch. 427, Stats. 1999 p. 1979)

      Sec. 2.050  Oaths and affirmations.  The Mayor and the City Clerk may administer oaths and affirmations relating to any business pertaining to the City.

      (Ch. 470, Stats. 1975 p. 730; A—Ch. 129, Stats. 1993 p. 230)

      Sec. 2.060  Powers of City Council: Ordinances, resolutions and orders.

      1.  The City Council 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 City Council to do and perform something, and the manner of exercising such power is not specifically provided for, the City Council may provide by ordinance the manner and details necessary for the full exercise of such power.

      3.  The City Council may enforce ordinances by providing penalties not to exceed those established by the Legislature for misdemeanors.

      4.  The City Council shall have such powers, not in conflict with the express or implied provisions of this Charter, as are conferred upon the governing bodies of cities by Nevada Revised Statutes.

      5.  The City Council shall annually adopt a budget pursuant to the Local Government Budget and Finance Act.

      (Ch. 470, Stats. 1975 p. 730; A—Ch. 374, Stats. 2001 p. 1828)

      Sec. 2.070  Ordinances: Passage by bill; amendments; subject matter; title requirements.

      1.  An ordinance must not be passed except by bill and by a majority vote of the whole City Council. The style of all ordinances must be as follows: “The City Council of the City of Sparks does ordain:”.

      2.  A bill must not contain more than one subject, which must be briefly indicated in the title. Where the subject of the ordinance is not expressed in the title, the bill is void as to the matter not expressed in the title.

      3.  Any bill which amends an existing ordinance must:

      (a) Set out in full the ordinance or sections thereof to be amended;

      (b) Indicate any matter to be omitted by lining or striking through it; and

      (c) Indicate any new matter by highlighting.

      (Ch. 470, Stats. 1975 p. 730; A—Ch. 129, Stats. 1993 p. 230)

      Sec. 2.080  Ordinances: Enactment procedure; emergency ordinances.

      1.  When first proposed, all bills must be read to the City Council by title, after which an adequate number of copies of the proposed bill must be filed with the City Clerk for public inspection. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified to publish legal notices, and published at least 10 days before the adoption of the ordinance.

      2.  At the next regular meeting or adjourned meeting of the City Council following the proposal of a bill, the title of the bill must be read as first introduced. Thereupon the bill must be finally voted upon or action thereon postponed. The proposed ordinance and any amendments thereto must be read in full when it is adopted only if so requested by a member of the Council.

      3.  In cases of emergency or where the bill is of a kind specified in section 7.030, by not less than four-fifths of all the members of the City Council, excluding from any such computation any vacancy on the Council, 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 bill 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 members of the Council voting for or against passage, in a newspaper qualified to publish legal notices, and published for at least one publication, before the ordinance becomes effective. The City Council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.

      5.  The City Clerk shall maintain a record of all ordinances together with the affidavits of publication by the publisher.

      (Ch. 470, Stats. 1975 p. 730; A—Ch. 380, Stats. 1977 p. 716; Ch. 160, Stats. 1983 p. 373; Ch. 450, Stats. 1985 p. 1314)

      Sec. 2.090  Powers of City Council: General areas.  The City Council may exercise any power specifically granted in this Charter or by any of the provisions of Nevada Revised Statutes not in conflict with this Charter, in order to:

      1.  Except as otherwise provided in NRS 598D.150 and 640C.100, license all businesses, trades and professions for purposes of regulation and revenue.

      2.  Enact and enforce fire ordinances.

      3.  Regulate the construction and maintenance of any building or other structure within the City.

      4.  Provide for safeguarding of public health in the City.

      5.  Zone and plan the City, including the regulation of subdivision of land, as prescribed by chapter 278 of NRS.

      6.  Acquire, control, lease, dedicate, sell and convey rights-of-way, parks and other real property.

      7.  Except as otherwise provided in NRS 707.375, regulate vehicular traffic and parking of vehicles.

      8.  Establish and maintain a sanitary sewer system.

      9.  Condemn property within the territorial limits of the City, as well as property outside the territorial limits of the City, in the manner prescribed by chapter 37 of NRS.

      10.  Regulate, prescribe the location for, prohibit or suppress all businesses selling alcoholic liquors at wholesale or retail.

      11.  Regulate, prescribe the location for, prohibit or suppress gaming of all kinds.

      (Ch. 470, Stats. 1975 p. 731; A—Ch. 380, Stats. 1977 p. 717; Ch. 129, Stats. 1993 p. 230; Ch. 237, Stats. 2003 p. 1254; Ch. 465, Stats. 2003 p. 2900; Ch. 325, Stats. 2005 p. 1144)

      Sec. 2.095  Powers of City Council: Police ordinances.

      1.  The City Council may enact and enforce such local police ordinances as are not in conflict with the general laws of the State.

      2.  Any offense which is made a misdemeanor by the laws of the State shall be deemed also to be a misdemeanor against the City whenever that offense is committed within the City.

      (Added—Ch. 129, Stats. 1993 p. 228)

      Sec. 2.100  Powers of City Council: Railroads.  The City Council 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 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. 470, Stats. 1975 p. 731)

      Sec. 2.110  Powers of City Council: Provisions for utilities.

      1.  Except as otherwise provided in subsection 2 and section 2.115, the City Council may:

      (a) Provide by contract, franchise or public enterprise, for any utility to be furnished to the City for the residents thereof.

      (b) Provide for the construction of any facility necessary for the provisions of such utility.

      (c) 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 performed by filing 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 must:

             (1) Be coequal with the latest lien thereon to secure the payment of general taxes.

             (2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

             (3) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

      2.  The City Council:

      (a) Shall not sell telecommunication service to the general public.

      (b) May purchase or construct facilities for providing telecommunication that intersect with public rights-of-way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

      3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the City Clerk and made available for public inspection during the business hours of the Office of the City Clerk.

      4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunication service to the general public.

      5.  As used in this section:

      (a) “Telecommunication” has the meaning ascribed to it in NRS 704.025.

      (b) “Telecommunication service” has the meaning ascribed to it in NRS 704.028.

      (Ch. 470, Stats. 1975 p. 732; A—Ch. 565, Stats. 1997 p. 2763; Ch. 416, Stats. 2001 p. 2107; Ch. 216, Stats. 2007 p. 727)

      Sec. 2.115  Franchises for the provision of telecommunication service.

      1.  The City Council shall not:

      (a) Impose any terms or conditions on a franchise for the provision of telecommunication service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

      (b) Require a company that provides telecommunication service or interactive computer service to obtain a franchise if it provides telecommunication service over the telephone or telegraph lines owned by another company.

      (c) Require a person who holds a franchise for the provision of telecommunication service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the City.

      2.  As used in this section:

      (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(f)(2), as that section existed on January 1, 2007.

      (b) “Telecommunication service” has the meaning ascribed to it in NRS 704.028.

      (Added—Ch. 565, Stats. 1997 p. 2763; A—Ch. 216, Stats. 2007 p. 728)

      Sec. 2.120  Powers of City Council: Nuisances.  The City Council 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. 470, Stats. 1975 p. 732)

      Sec. 2.125  Contracts: Approval by City Council and Mayor, attestation by City Clerk.  The City Council shall designate by ordinance the contracts which require the approval of the Council. Every contract entered into after July 1, 1985, on behalf of the City by the City Council must be signed by the Mayor and attested by and filed with the City Clerk. Any contract which does not comply with these requirements is void.

      (Added—Ch. 450, Stats. 1985 p. 1307)

ARTICLE III - Executive Department

      Sec. 3.010  Mayor: Duties; Mayor pro tempore.

      1.  The Mayor shall:

      (a) Preside over the meetings of the City Council, but is not entitled to vote on any procedural, substantive or other matter.

      (b) Act as the head of the government of the City for all purposes.

      (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.

      2.  The Mayor may veto all matters passed by the City Council if he or she gives notice in writing to the City Clerk within 10 days of the action taken by the City Council. A veto may be overturned only by a vote of at least four-fifths of the City Council. An action requiring the expenditure of money is not effective without the approval of the Mayor, unless he or she does not disapprove the action within 10 days after it is taken by the City Council, or the City Council by a four-fifths majority approves such expenditure at a regular meeting.

      3.  The Mayor shall nominate a member of the City Council to be Mayor pro tempore. The nominee must be approved by a majority of the total number of members of the City Council. If so approved, the nominee shall be Mayor pro tempore. He or she shall:

      (a) Hold the office and title until the next general election without additional compensation, except as otherwise provided in paragraph (c).

      (b) Perform the duties of Mayor during the temporary absence or disability of the Mayor without loss of his or her rights and powers as a member of the Council.

      (c) Act as Mayor until the next general election if the office of Mayor becomes vacant and draw the salary of Mayor. His or her salary and position as a member of the Council cease.

      (Ch. 470, Stats. 1975 p. 732; A—Ch. 450, Stats. 1985 p. 1314; Ch. 125, Stats. 1989 p. 281; Ch. 41, Stats. 2001 p. 396; Ch. 107, Stats. 2003 p. 603; Ch. 32, Stats. 2011 p. 135)

      Sec. 3.020  City Manager: Duties; residence.

      1.  The City Manager is responsible to the Council for the efficient administration of all the affairs of the City. He or she shall:

      (a) Exercise a careful supervision of the City’s general affairs.

      (b) Enforce all laws and all acts of the Council which are subject to enforcement by him or her or by persons under his or her supervision.

      (c) Except as otherwise provided in this Charter, exercise control over all departments of the City government, its appointed officers and its employees.

      (d) Attend all meetings of the Council and its committees, except when the Council is considering his or her removal, with the right to take part in discussions, but without power to vote.

      (e) Recommend to the Council the adoption of such measures and bills as he or she considers necessary or expedient.

      (f) Make investigations into:

             (1) The affairs of the City;

             (2) Any department or division of the City;

             (3) Any contract; or

             (4) The proper performance of any obligation owed to the City.

      (g) Prepare and submit to the Council the annual budget.

      (h) Keep the Council fully informed as to the financial condition and needs of the City.

      (i) Submit to the Council, at least once each month, a summary of all claims and bills approved for payment by him or her.

      (j) Not engage in any other business or occupation without the approval of the City Council.

      (k) Perform such other duties as prescribed by this Charter or be required by ordinance or resolution of the Council.

      2.  The City Manager must establish his or her residence within the City within 90 days after his or her appointment, unless the period is extended by the Council. He or she must reside in the City during his or her term of office.

      (Ch. 470, Stats. 1975 p. 733; A—Ch. 380, Stats. 1977 p. 717; Ch. 450, Stats. 1985 p. 1315; Ch. 32, Stats. 2011 p. 135; Ch. 179, Stats. 2013 p. 632)

      Sec. 3.030  City Manager: Removal.  The City Manager may be removed by the Mayor and a three-fifths majority vote of the City Council or by a four-fifths majority vote of the City Council without the vote of the Mayor.

      (Ch. 470, Stats. 1975 p. 733)

      Sec. 3.040  City Clerk: Duties.  The City Clerk shall:

      1.  Keep the corporate seal and all public records.

      2.  Supervise the central filing system for all departments of the City.

      3.  Attend all regular, special and emergency meetings of the City Council, and may attend all executive sessions concerning public officers.

      4.  Keep an accurate journal of all regular, special and emergency meetings of the City Council, including a record of all ordinances, bylaws and resolutions adopted by it.

      5.  Attest the journal after approval at each meeting of the City Council and after it has been signed by the Mayor.

      6.  Enter the result of the vote of the City Council upon all official business in the journal.

      7.  Perform such other duties as are designated by ordinance.

      8.  Not engage in any other business or occupation without the approval of the City Council.

      (Ch. 470, Stats. 1975 p. 733; A—Ch. 450, Stats. 1985 p. 1316; Ch. 24, Stats. 1987 p. 61; Ch. 59, Stats. 1995 p. 69)

      Sec. 3.050  City Attorney: Duties; Assistant City Attorneys.

      1.  The City Attorney shall:

      (a) Be the Legal Officer of the City.

      (b) Represent the City and any officer or employee or former officer or employee of the City, for any act arising out of his or her employment or duties, in any action or proceeding in which the City or such officer or employee is concerned or is a party.

      (c) Perform such duties as may be designated by ordinance.

      (d) Attend all regular, special and emergency meetings of the City Council, and may attend executive sessions concerning public officers.

      (e) Approve any contract made by and any bond or security given to the City endorsing his or her approval in writing on the document.

      (f) Prepare all proposed ordinances and review all resolutions and amendments to the ordinances or resolutions.

      (g) Not engage in any other business or occupation nor in the private practice of law without the approval of the City Council.

      2.  The City Attorney may appoint and remove or discharge assistant city attorneys pursuant to ordinances adopted relating thereto. The City Council may appropriate the money it considers proper to compensate such assistants.

      3.  An Assistant City Attorney who is removed from his or her position by the City Attorney has the right of appeal to the Mayor and City Council and may demand a hearing before the City Council. The demand must be made within 10 days after the removal. The decision of the City Council upon the hearing is final.

      (Ch. 470, Stats. 1975 p. 734; A—Ch. 450, Stats. 1985 p. 1317; Ch. 129, Stats. 1993 p. 231)

      Sec. 3.055  Employment of special counsel.  The City Council may, by majority vote, after conducting a public hearing, employ attorneys to:

      1.  Represent the City Council; or

      2.  Perform any civil or criminal duty that would otherwise be performed by the City Attorney.

Ê Such attorneys are responsible only to the City Council, and the City Attorney shall have no responsibility or authority concerning the subject matter of such employment.

      (Added—Ch. 321, Stats. 2007 p. 1292; A—Ch. 179, Stats. 2013 p. 633)

      Sec. 3.060  County Assessor to be ex officio City Assessor: Duties.

      1.  The County Assessor of Washoe County shall be ex officio City Assessor of the City and shall perform such duties for the City without additional compensation.

      2.  Upon request of the ex officio City Assessor, the City Council 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. 470, Stats. 1975 p. 734)

      Sec. 3.070  County Treasurer to be ex officio City Tax Collector: Duties.

      1.  The County Treasurer of Washoe County shall be ex officio Tax Collector of the City and shall perform such duties for the City without additional compensation.

      2.  The County Treasurer shall also be the ex officio Assessment Collector of the City and shall perform such duties for the City without additional compensation.

      (Ch. 470, Stats. 1975 p. 734)

      Sec. 3.080  City officers: Duties may be restricted and altered.  The City Council 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. 470, Stats. 1975 p. 734)

      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 person designated to collect and receive them, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the City Council.

      2.  The City Council may by proper legal action collect all moneys which are due and unpaid to the City or any office thereof, and the City Council may pay from the General Fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.

      (Ch. 470, Stats. 1975 p. 734)

      Sec. 3.100  Interference by City Council.

      1.  The Mayor or members of the Council shall not demand the appointment, suspension or removal of any administrative officer or employee appointed by the City Manager or his or her subordinates unless the Mayor or members of the Council fully discuss the matter with the City Manager. No person covered by the regulations of the Civil Service Commission may be appointed, suspended or removed except as provided in those regulations.

      2.  The Mayor or members of the Council shall not direct the activity of any appointed employee on a matter pertaining to City business, but must deal through the City Manager.

      (Ch. 470, Stats. 1975 p. 735; A—Ch. 450, Stats. 1985 p. 1317)

      Sec. 3.110  Removal of officers.  If any officer is adjudged guilty of any nonfeasance, misfeasance or malfeasance in office by any court of competent jurisdiction, the City Council may declare the office vacant and fill the vacancy so caused, as provided by law.

      (Ch. 470, Stats. 1975 p. 735)

      Sec. 3.120  Salaries.  Employees in appointive positions are entitled to receive the salary designated by the City Manager within the range established for each position by the City Council.

      (Ch. 470, Stats. 1975 p. 735; A—Ch. 450, Stats. 1985 p. 1318)

ARTICLE IV - Judicial Department

      Sec. 4.010  Municipal Court.

      1.  There is a Municipal Court of the City which consists of not less than two departments. The City Council may, by resolution, expand the Court to include additional departments. Such a resolution must be enacted on or before January 1 of the year in which the additional Municipal Judge is to be elected and must prohibit the commencement of the operations of the additional department until the additional Judge has been elected and takes office.

      2.  Each department must be presided over by a Municipal Judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this Charter, governed by chapter 5 of NRS, which relates to municipal courts.

      3.  If the City Council creates an additional department pursuant to subsection 1, the Municipal Judge who will preside over that department must be elected at the next election that meets the requirements of subsection 1.

      (Ch. 470, Stats. 1975 p. 735; A—Ch. 412, Stats. 1983 p. 1029; Ch. 208, Stats. 1985 p. 676; Ch. 128, Stats. 1993 p. 227; Ch. 169, Stats. 1997 p. 448; Ch. 41, Stats. 2001 p. 396)

      Sec. 4.020  Municipal Court: Judges; salary; Administrative Judge; Alternate Judges.

      1.  A Municipal Judge shall not engage in any other business or occupation without the approval of the City Council.

      2.  The salary of a Municipal Judge must be fixed by ordinance and be uniform for each department of the Municipal Court. The salary may not be decreased but may be increased during the terms for which the Judges are elected or appointed.

      3.  The Municipal Judge who holds seniority in years of service in office, either elected or appointed, may serve as the Administrative Judge. If he or she chooses not to serve as Administrative Judge, the remaining Municipal Judge who holds seniority in years in office, either elected or appointed, may serve as the Administrative Judge. If two or more Judges are equal in seniority and wish to serve as the Administrative Judge, the Administrative Judge must be chosen from among them by the Mayor. The Administrative Judge:

      (a) Shall establish and enforce administrative regulations for governing the affairs of the Municipal Court.

      (b) Is responsible for setting trial dates and other matters which pertain to the calendar of the Court.

      (c) Shall perform such other administrative duties of the Court as may be required by the City Council.

      4.  Alternate Judges in sufficient numbers may, upon ratification by the City Council, be appointed annually by the Mayor. An Alternate Judge:

      (a) Must be a duly licensed member, in good standing, of the State Bar of Nevada, a justice of the peace in Washoe County or a retired judge, and have such other qualifications as may be prescribed by ordinance.

      (b) Has all of the powers and jurisdiction of a Municipal Judge while he or she is acting as such.

      (c) Is entitled to such compensation as may be fixed by the City Council.

      (Ch. 470, Stats. 1975 p. 735; A—Ch. 450, Stats. 1985 p. 1318; Ch. 253, Stats. 1989 p. 547; Ch. 128, Stats. 1993 p. 227; Ch. 169, Stats. 1997 p. 448)

      Sec. 4.023  Municipal Court: Court Administrators.

      1.  The Administrative Judge may appoint a Court Administrator and prescribe his or her duties. After appointing a Court Administrator, the Administrative Judge shall file in the Personnel Office of the City of Sparks a description of the duties of the Court Administrator. The City Council may appropriate the money it considers proper to compensate a Court Administrator.

      2.  The Court Administrator serves at the will of the Administrative Judge and may be removed without cause. A decision by the Administrative Judge to remove a Court Administrator is final. If a Court Administrator is removed, the money appropriated by the City Council for his or her compensation reverts to the Municipal General Fund as soon as all payments of money committed have been made.

      (Added—Ch. 128, Stats. 1993 p. 226)

      Sec. 4.025  Municipal Court: Judicial Assistants.

      1.  The Administrative Judge may appoint a Judicial Assistant. Each Municipal Judge may appoint a Judicial Assistant if authorized by the City Council. The City Council may appropriate the money it considers proper to compensate a Judicial Assistant.

      2.  A Judicial Assistant serves at the will of the Judge who appointed him or her and may be removed without cause. A decision to remove a Judicial Assistant is final. If a Judicial Assistant is removed, the money appropriated by the City Council for his or her compensation reverts to the Municipal General Fund as soon as all payments of money committed have been made.

      (Added—Ch. 128, Stats. 1993 p. 226)

      Sec. 4.030  Intermittent periods of incarceration.  If a sentence of imprisonment is imposed by the Municipal Judge, the Municipal Judge may order intermittent periods of incarceration so long as the entire sentence will be completed within 6 months from the date of sentence. The periods of incarceration may be varied from time to time with consent of the defendant, but the total time of incarceration may not be increased.

      (Ch. 470, Stats. 1975 p. 735)

      Sec. 4.040  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. 470, Stats. 1975 p. 735)

ARTICLE V - Elections

      Sec. 5.010  General elections.

      1.  On the Tuesday after the first Monday in June 2001, there must be elected by the registered voters of the City, at a general municipal election, Council Members to represent the first, third and fifth wards, a Municipal Judge for Department 1 and a City Attorney, all of whom hold office until their successors have been elected and qualified, pursuant to subsection 3 or 4.

      2.  On the Tuesday after the first Monday in June 2003, there must be elected by the registered voters of the City, at a general municipal election, Council Members to represent the second and fourth wards, a Mayor and a Municipal Judge for Department 2, all of whom hold office until their successors have been elected and qualified, pursuant to subsection 5 or 6.

      3.  On the Tuesday after the first Monday in November 2004, and at each successive interval of 4 years, there must be elected by the registered voters of the City, at the general election, Council Members to represent the first, third and fifth wards and a City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.

      4.  On the Tuesday after the first Monday in November 2004, and at each successive interval of 4 years, there must be elected by the registered voters of the City, at the general election, a Municipal Judge for Department 1, who holds office for a term of 4 years and until his or her successor has been elected and qualified, pursuant to subsection 7.

      5.  On the Tuesday after the first Monday in November 2006, and at each successive interval of 4 years, there must be elected by the registered voters of the City, at the general election, Council Members to represent the second and fourth wards and a Mayor, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.

      6.  On the Tuesday after the first Monday in November 2006, and at each successive interval of 6 years, there must be elected by the registered voters of the City, at the general election, a Municipal Judge for Department 2, who holds office for a term of 6 years and until his or her successor has been elected and qualified.

      7.  On the Tuesday after the first Monday in November 2008, and at each successive interval of 6 years, there must be elected by the registered voters of the City, at the general election, a Municipal Judge for Department 1, who holds office for a term of 6 years and until his or her successor has been elected and qualified.

      8.  All candidates at an election that is held pursuant to this section must be voted upon by the registered voters of the City at large.

      (Ch. 470, Stats. 1975 p. 736; A—Ch. 412, Stats. 1983 p. 1029; Ch. 450, Stats. 1985 p. 1318; Ch. 41, Stats. 2001 p. 397; Ch. 52, Stats. 2005 p. 104)

      Sec. 5.020  Primary elections.

      1.  Candidates for the offices of Mayor, City Attorney and Municipal Judge must be voted upon by the registered voters of the City at large. Candidates to represent a ward as a member of the City Council must be voted upon by the registered voters of the ward to be represented by them.

      2.  The names of the two candidates for Mayor, City Attorney and Municipal Judge and the names of the two candidates to represent the ward as a member of the City Council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.

      (Ch. 470, Stats. 1975 p. 736; A—Ch. 450, Stats. 1985 p. 1318; Ch. 24, Stats. 1987 p. 61; Ch. 570, Stats. 1997 p. 2792, 2797; Ch. 686, Stats. 1997 p. 3482; Ch. 637, Stats. 1999 p. 3567; Ch. 41, Stats. 2001 p. 398)

      Sec. 5.030  Applicability of state election laws: Elections under City Council control.

      1.  All elections held pursuant to this Charter must 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 elections must be under the control of the City Council. For the conduct of elections, for the prevention of fraud in elections, and for the recount of ballots in cases of doubt or fraud, the City Council shall adopt by ordinance all regulations which it considers desirable and consistent with law and this Charter.

      (Ch. 470, Stats. 1975 p. 736; A—Ch. 41, Stats. 2001 p. 398)

      Sec. 5.040  Qualifications, registration of voters.

      1.  Every person who resides within the City at the time of any election, and whose name appears upon the official register of voters in and for the City, is entitled to vote at each election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special 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 City Council to provide for supplemental registration.

      (Ch. 470, Stats. 1975 p. 736; A—Ch. 41, Stats. 2001 p. 399)

      Sec. 5.050  Names on ballots.

      1.  The full names of all candidates, except those who have withdrawn, died or become ineligible, must be printed on the official ballots without party designation or symbol.

      2.  If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion and:

      (a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot; or

      (b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.

      (Ch. 470, Stats. 1975 p. 736; A—Ch. 312, Stats. 2003 p. 1731)

      Sec. 5.060  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 or her vote, either for or against the ordinance or amendment.

      (Ch. 470, Stats. 1975 p. 737)

      Sec. 5.070  Availability of lists of registered voters.  If, for any purpose relating to an election or to candidates or issues involved in 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, except as otherwise provided in NRS 293.5002 and 293.558:

      1.  Permit the organization, group or person to copy the names and addresses of voters from the official register of voters; or

      2.  Furnish such a list upon payment of the cost established by state election law.

      (Ch. 470, Stats. 1975 p. 737; A—Ch. 41, Stats. 2001 p. 399; Ch. 581, Stats. 2001 p. 2972; Ch. 470, Stats. 2005 p. 2304)

      Sec. 5.080  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 or her as watchers and challengers at each polling place where voters may cast their ballots for him or her. 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. 470, Stats. 1975 p. 737)

      Sec. 5.090  Voting machines.  The City Council 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. 470, Stats. 1975 p. 737)

      Sec. 5.100  Election returns: Canvass; certificates of election; entry of officers upon duties; tie vote procedure.

      1.  The election returns from any election must be filed with the City Clerk, who shall immediately place the returns in a safe or vault. No person may handle, inspect or in any manner interfere with the returns until canvassed by the City Council.

      2.  The City Council shall meet within 10 days after any election and canvass the returns and declare the result. The election returns must then be sealed and kept by the City Clerk for 22 months, and no person may have access to them except on order of a court of competent jurisdiction or by order of the City Council.

      3.  The City Clerk, under his or her hand and official seal, shall issue a certificate of election to each person elected. The officers elected shall qualify and enter upon the discharge of their respective duties at the first regular City Council meeting following their election.

      4.  If any election results in a tie, the City Council shall summon the candidates who received the tie vote and determine the tie by lot. The City Clerk shall then issue to the winner a certificate of election.

      (Ch. 470, Stats. 1975 p. 737; A—Ch. 450, Stats. 1985 p. 1319; Ch. 41, Stats. 2001 p. 399)

      Sec. 5.110  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. 470, Stats. 1975 p. 738)

ARTICLE VI - Local Improvements

      Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection 2 of section 2.110 and section 2.115, the City Council, on behalf of the City, without any election, may acquire, improve, equip, operate and maintain underground facilities for electricity and communication.

      (Ch. 470, Stats. 1975 p. 738; A—Ch. 361, Stats. 1983 p. 876; Ch. 450, Stats. 1985 p. 1320; Ch. 565, Stats. 1997 p. 2764; Ch. 416, Stats. 2001 p. 2108)

      Sec. 6.030  Delinquent assessments: Collection.  In addition to any manner of collection of delinquent assessments as provided in chapter 271 of NRS, the County Treasurer may cause and proceed to the sale of the assessed premises in the same manner as sale in case of delinquent taxes as provided in chapter 361 of NRS, subject to any right of redemption as therein provided if any amount assessed is delinquent for more than 2 years.

      (Ch. 470, Stats. 1975 p. 738)

ARTICLE VII - Local Bonds and Franchises

      Sec. 7.010  Debt limit.

      1.  The City shall not incur an indebtedness in excess of 20 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. 470, Stats. 1975 p. 738)

      Sec. 7.020  Acquisition, operation of municipal utilities.  Except as otherwise provided in subsection 2 of section 2.110 and section 2.115, 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. 470, Stats. 1975 p. 739; A—Ch. 565, Stats. 1997 p. 2765; Ch. 416, Stats. 2001 p. 2108)

      Sec. 7.030  Borrowing money.  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 proceeds from the sale of bonds must be deposited in a fund separate from all other funds of the City. The proceeds and any interest earned thereon may not be invested or used for any purpose other than that for which the bonds were issued.

      (Ch. 470, Stats. 1975 p. 739; A—Ch. 482, Stats. 1981 p. 975; Ch. 450, Stats. 1985 p. 1320)

ARTICLE VIII - Revenue

      Sec. 8.010  Municipal taxes.

      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 1 3/4 percent upon the assessed value of all real and personal property within the City, except as 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.  The City Council 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.

      4.  The City may, however, upon the approval of the County Commissioners of Washoe County, collect taxes levied for the redemption of bonds provided for in sections 6.010 to 6.030, inclusive.

      (Ch. 470, Stats. 1975 p. 740)

      Sec. 8.020  Revenue ordinances.  The City Council 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. 470, Stats. 1975 p. 740)

ARTICLE IX - Civil Service

      Sec. 9.010  Civil Service Commission: Appointment; qualifications; removal; compensation.

      1.  There is a Civil Service Commission consisting of five residents of the City who must be appointed by the Mayor, subject to confirmation by the City Council. They shall serve terms as established by ordinance.

      2.  A person may not serve as a member of the Commission if he or she is:

      (a) An employee of the City;

      (b) A member of the City Council or an appointed member of any other board, commission or committee of the City; or

      (c) Related within the third degree of consanguinity or affinity to a person who is an employee of the City.

      3.  Every person appointed as a member of the Commission shall, before entering upon the duties of his or her office, take and subscribe the oath of office prescribed by the Constitution of this State, and file it, certified by the officer administering it, with the Clerk of the City.

      4.  Any member of the Commission may be removed by a majority vote of the Commission for cause, including the failure or refusal to perform the duties of the office, the absence from three successive regular meetings of the Commission, or ceasing to meet any qualification for appointment to the Commission as set forth in this section or provided by the City Council.

      5.  Vacancies on the Commission from whatever cause must be filled by appointment by the Mayor, subject to confirmation by the City Council.

      6.  The City Council shall provide the services of such employees as are necessary to enable the Commission to carry out its duties in a timely and proficient manner.

      7.  The City Council shall provide by ordinance the amount of compensation each member of the Commission is entitled to receive for each full meeting he or she attends.

      (Ch. 470, Stats. 1975 p. 740; A—Ch. 380, Stats. 1977 p. 718; Ch. 450, Stats. 1985 p. 1321; Ch. 350, Stats. 1987 p. 791; Ch. 321, Stats. 2007 p. 1292)

      Sec. 9.015  Contracts for services.  The Civil Service Commission may, within limits of appropriations by the City Council, contract for the services of one or more:

      1.  Hearing officers to conduct hearings and render decisions as provided in section 9.105;

      2.  Consultants with special scientific or professional qualifications;

      3.  Interpreters or translators; and

      4.  Certified shorthand reporters.

      (Added—Ch. 350, Stats. 1987 p. 787)

      Sec. 9.020  Civil Service Commission: Regulations.

      1.  The Commission shall adopt regulations, consistent with the provisions of this article, to govern the selection and appointment of all employees of the city within the provisions of this article. The regulations must be designed to secure the best service for the public.

      2.  The regulations must provide for:

      (a) Ascertaining the qualifications and experience of all applicants;

      (b) Recruitment, examination and placement of applicants;

      (c) Proceedings for discipline, removal and promotion of employees;

      (d) Classification of positions;

      (e) Probationary appointments for which the period of probation may not exceed 1 year;

      (f) A procedure to confirm employees as classified employees;

      (g) Any emergency, temporary or provisional appointments it considers necessary; and

      (h) Such other matters as the Commission considers necessary.

      3.  A copy of all regulations made by the Commission and all changes to them must be filed in the Office of the City Clerk.

      4.  The Commission shall cause the regulations adopted, and all changes to them to be printed or otherwise reproduced and distributed as they consider necessary. The expense must be certified by the Commission and paid by the City.

      5.  All appointments, promotions and disciplinary actions in any department of the City within the provisions of this article, must be made in accordance with the regulations of the Commission.

      (Ch. 470, Stats. 1975 p. 741; A—Ch. 450, Stats. 1985 p. 1321; Ch. 350, Stats. 1987 p. 791)

      Sec. 9.030  Regulations: Amendment.

      1.  After regulations have been adopted, as provided in section 9.020, they may be amended or modified by the Commission only after the Commission has given a notice, containing the proposed amendment or modification and specifying a time when the Commission will meet and hear discussion concerning the adoption of the proposed amendment or modification. The time and place for discussion concerning any modification or amendment must be posted on a bulletin board in a conspicuous place accessible to the employees of the City in each department affected by the proposed amendment or modification not less than 10 days before the date of the meeting of the Civil Service Commission.

      2.  A proposed amendment to the regulations has no effect unless approved by the City Council. The failure of the City Council to reject a proposed amendment within 30 days after its submission by the Commission shall be deemed to constitute approval of the proposed amendment.

      (Ch. 470, Stats. 1975 p. 741; A—Ch. 350, Stats. 1987 p. 792)

      Sec. 9.040  Examinations.  Repealed. (See chapter 179, Statutes of Nevada 2013, at page 634.)

 

      Sec. 9.050  Reports of employee performance.  Repealed. (See chapter 179, Statutes of Nevada 2013, at page 634.)

 

      Sec. 9.060  Eligibility lists.  Repealed. (See chapter 179, Statutes of Nevada 2013, at page 634.)

 

      Sec. 9.065  Vacancies; promotional examinations.  Repealed. (See chapter 179, Statutes of Nevada 2013, at page 634.)

 

      Sec. 9.070  Probationary employees.  Repealed. (See chapter 179, Statutes of Nevada 2013, at page 634.)

 

      Sec. 9.080  Prohibited acts.  Repealed. (See chapter 179, Statutes of Nevada 2013, at page 634.)

 

      Sec. 9.100  Dismissals, demotions and suspensions.

      1.  The City Manager or his or her designated representative may suspend without pay for a period not to exceed 30 calendar days, dismiss or demote a classified employee pursuant to regulations adopted by the Civil Service Commission.

      2.  Before a classified employee may be notified that he or she is being dismissed pursuant to subsection 3, the City Manager or his or her designated representative must provide the employee with:

      (a) Written notice of the reasons for which the City Manager is considering his or her dismissal; and

      (b) An opportunity to respond to the reasons for dismissal before the City Manager or his or her designated representative.

      3.  A dismissal, involuntary demotion or suspension does not become effective until the employee is notified in writing of the action and the reasons therefor. The notice must be delivered personally to the employee or mailed to him or her at his or her last known address by registered or certified mail, return receipt requested. The effective date of the dismissal, involuntary demotion or suspension is the date of delivery of the notice or, if the notice is mailed and subsequently returned to the sender, 3 days after mailing.

      (Ch. 470, Stats. 1975 p. 743; A—Ch. 450, Stats. 1985 p. 1325; Ch. 350, Stats. 1987 p. 795; Ch. 169, Stats. 1997 p. 449; Ch. 427, Stats. 1999 p. 1980)

      Sec. 9.105  Hearing to determine reasonableness of dismissal, demotion or suspension; judicial review.

      1.  Except as otherwise provided in subsection 2, within 10 working days after the effective date of a dismissal, demotion or suspension pursuant to section 9.100, an employee who has been dismissed, demoted or suspended may file a request in writing with the Civil Service Commission for a hearing to determine the reasonableness of the action.

      2.  An employee who elects to use an available grievance procedure shall be deemed to have waived his or her right to a hearing before the Commission pursuant to subsection 1.

      3.  The Commission shall grant the employee a hearing within 20 working days after receipt of the employee’s written request unless the time limitation is waived, in writing, by the employee at the time the request is filed, or there is a conflict with the hearing calendar of the Commission or its hearing officers. If a hearing is not held within 20 days, it must be scheduled for the earliest possible date. The date for a hearing may not be vacated or the hearing continued except for good cause.

      4.  The Commission may appoint a hearing officer to conduct or assist in conducting a hearing. The Commission may delegate to the hearing officer such authority as the Commission deems appropriate.

      5.  Technical rules of evidence do not apply at the hearing.

      6.  All testimony at the hearing must be recorded or reported by a shorthand reporter certified pursuant to chapter 656 of NRS, and may be transcribed, if necessary, for the deliberation of the Commission or a hearing officer, or for an appeal to the district court. The cost of a transcript ordered by the Commission or a hearing officer must be paid by the City.

      7.  Unless the parties stipulate otherwise, the Commission or hearing officer shall render a decision in writing, setting forth the reasons therefor, within 30 days after the hearing.

      8.  If the Commission or hearing officer determines that the dismissal, demotion or suspension was without just cause, the action must be set aside and the employee must be reinstated, with full pay for the period of dismissal, demotion or suspension.

      9.  The decision of the Commission or hearing officer is binding on the parties.

      10.  Any petition for judicial review of the decision of the Commission or hearing officer must be filed within 30 days after service of the decision.

      (Added—Ch. 350, Stats. 1987 p. 788; A—Ch. 427, Stats. 1999 p. 1981)

      Sec. 9.120  Notice of hearing: Method of service.  Notice of the time and place of a hearing scheduled pursuant to section 9.105 must be served upon the employee, and may be served in the same manner as a summons is served in this state or by mailing it to the employee by registered or certified mail, return receipt requested, at the address stated in the notice of appeal with postage thereon fully prepaid. An affidavit by a person serving notice by mail pursuant to this section setting forth the facts of service shall be deemed to constitute conclusive proof that all parties in interest have been provided with full and sufficient notice of the hearing.

      (Ch. 470, Stats. 1975 p. 743; A—Ch. 350, Stats. 1987 p. 796)

      Sec. 9.125  Hearings: Issuance of subpoenas; discovery; oaths; examination and exclusion of witnesses.

      1.  The Civil Service Commission or hearing officer may, upon application of any party to a hearing held pursuant to section 9.105, issue subpoenas requiring the attendance and testimony of witnesses at the proceeding.

      2.  The Commission or hearing officer may, upon motion of a party, direct that an opposing party participate in a discovery conference at which both parties and their counsel may question the other party and receive answers, request and receive copies of relevant documents or examine relevant documents and records and any other physical evidence which the opposing party intends to use at the hearing.

      3.  The Commission or hearing officer, or any agent designated by the Commission, may administer oaths and affirmations and examine witnesses.

      4.  The Commission or hearing officer may exclude from the hearing a person whose conduct at the hearing is disorderly, contemptuous, insolent or disruptive.

      (Added—Ch. 350, Stats. 1987 p. 788)

      Sec. 9.135  Hearings: Subpoenas extend to all parts of State; service of subpoenas; attendance of witnesses.  A subpoena issued pursuant to section 9.125 extends to all parts of the State and must be served in accordance with the provisions of N.R.C.P. 4(c). No witness may be required to attend at a place out of the county in which he or she resides unless the distance is less than 100 miles from his or her place of residence, except that the Civil Service Commission or hearing officer, upon affidavit of any party showing that the testimony of that witness is material and necessary, may endorse on the subpoena an order requiring the attendance of the witness in response to the subpoena.

      (Added—Ch. 350, Stats. 1987 p. 789)

      Sec. 9.145  Hearings: Fees, mileage and expenses of witnesses.

      1.  All witnesses appearing pursuant to subpoena, other than parties or officers or employees of the City, are entitled to receive fees and mileage in the same amounts and under the same circumstances as prescribed in NRS 50.225.

      2.  Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to fees and mileage, to the per diem allowance provided for state officers and employees generally for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings.

      3.  Fees for mileage and per diem allowances must be paid by the party at whose request the witness is subpoenaed. The Civil Service Commission or hearing officer may award as costs the amount of such expenses to the prevailing party.

      (Added—Ch. 350, Stats. 1987 p. 789; A—Ch. 175, Stats. 2007 p. 606)

      Sec. 9.155  Subpoenas: Enforcement.

      1.  If any witness refuses to attend or testify as required by a subpoena issued by the Civil Service Commission or hearing officer, the Commission may file a petition with the district court stating that:

      (a) Due notice has been given for the time and place of attendance of the witness;

      (b) The witness has been subpoenaed pursuant to section 9.125; and

      (c) The witness has failed or refused to attend or has refused to answer questions propounded to him or her,

Ê and asking for an order of the court compelling the witness to attend and testify before the Commission or hearing officer, as required by the subpoena.

      2.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he or she has not attended or testified. A certified copy of the order must be served upon the witness.

      3.  If it appears to the court that the subpoena was regularly issued, the court shall enter an order that the witness appear before the Commission or hearing officer at the time and place fixed in the order and testify, and upon failure to obey the order the witness must be dealt with as for contempt of court.

      (Added—Ch. 350, Stats. 1987 p. 789)

      Sec. 9.170  Civil Service Commission: Meetings.

      1.  The Civil Service Commission shall call a special meeting of the Commission not later than 15 days after receiving notice from the City Manager advising the Commission of matters which require consideration by the Commission.

      2.  In addition to any special meeting held pursuant to subsection 1, the Commission shall hold not less than one regular meeting per quarter.

      3.  Notice of meetings must be given and meetings must be held as provided in chapter 241 of NRS.

      (Ch. 470, Stats. 1975 p. 744; A—Ch. 350, Stats. 1987 p. 796; Ch. 179, Stats. 2013 p. 633)

      Sec. 9.190  Applicability.  This article applies to all employees of the City of Sparks, except:

      1.  Elected officers of the City;

      2.  The City Manager;

      3.  Persons in appointive positions; and

      4.  Temporary employees.

      (Ch. 470, Stats. 1975 p. 745; A—Ch. 450, Stats. 1985 p. 1326; Ch. 350, Stats. 1987 p. 796)

ARTICLE X - Miscellaneous Provisions

      Sec. 10.010  Removal from office; disqualification from holding office.  Any willful misconduct in office, or any willful violation of any of the provisions of this Charter, or of the provisions of any ordinance, or any willful failure to comply therewith by any officer of the City, whether elective or appointive, subjects the person guilty thereof to removal from office by accusation in the manner provided in NRS 283.300 to 283.430, inclusive, and any person found guilty shall forever after be disqualified to hold any office under the City government.

      (Ch. 470, Stats. 1975 p. 745)

      Sec. 10.020  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, the validity of the remaining portions of this Charter is not affected by the decision. The Legislature hereby declares that it would have passed this Charter and each portion thereof, irrespective of the portion which may be held unconstitutional or otherwise invalid.

      (Ch. 470, Stats. 1975 p. 745; A—Ch. 427; Stats. 1999 p. 1982)

      Sec. 10.030  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 issue 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 officers.

      (Ch. 470, Stats. 1975 p. 745)