[Rev. 11/20/2013 4:45:29 PM--2013]

WELLS CITY CHARTER

Chapter 275, Statutes of Nevada 1971

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

[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 Council Members.

      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 Council Members.

      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 Council Members or in the office of Mayor must be filled by a majority vote of the members of the Board of Council Members 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:

      (a) July after the next municipal election, for appointments to offices that were on the ballot in June 2005 or 2007; and

      (b) January after the next municipal election, for appointments to offices that were on the ballot in June 2009, November 2010 or any subsequent even-numbered year,

Ę at which election the office must be filled for the remaining unexpired term or the successor to the previously vacated seat will be selected, as appropriate.

      (Ch. 275, Stats. 1971 p. 458; A—Ch. 854, Stats. 1989 p. 2062; Ch. 515, Stats. 1997 p. 2453; Ch. 59, Stats. 2007 p. 144)

      Sec. 1.070  Mayor and Council Members not to hold other office or certain employment.

      1.  The Mayor and Council Members:

      (a) Shall not hold any other elective office or employment with the City, except as provided by law or as a member of a Board or Commission for which no compensation is received.

      (b) May not be appointed to any office created by or the compensation for which was increased or fixed by the Board of Council Members until 1 year after the expiration of the term for which he or she was elected.

      2.  Any person who violates the provisions of subsection 1 automatically forfeits his or her office as Mayor or Council Member.

      (Ch. 275, Stats. 1971 p. 458; A—Ch. 183, Stats. 2001 p. 894)

      Sec. 1.080  Appointive offices.

      1.  The Board of Council Members 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 Council Members may establish such other offices as it deems necessary.

      (Ch. 275, Stats. 1971 p. 458; A—Ch. 183, Stats. 2001 p. 894)

      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 Council Members.

      2.  Receive such salary as may be designated by the Board of Council Members.

      (Ch. 275, Stats. 1971 p. 459)

      Sec. 1.100  Officials’ performance bond.  The Board of Council Members may require from all officers and employees of the City constituted or appointed under this Charter, except Council Members, 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 Council Members. Every such 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. 275, Stats. 1971 p. 459)

ARTICLE II - Legislative Department

      Sec. 2.010  Board of Council Members: Qualifications; election; term of office; salary.

      1.  The legislative power of the City is vested in a Board of Council Members consisting of four Council Members and a Mayor.

      2.  The Mayor and Council Members must 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 Council Members, including the Mayor, must be voted upon by the registered voters of the City at large and, except as otherwise provided in section 5.010, shall serve for terms of 4 years.

      4.  The Mayor and Council Members shall receive a salary in an amount fixed by the Board of Council Members.

      (Ch. 275, Stats. 1971 p. 459; A—Ch. 431, Stats. 1973 p. 625; Ch. 98, Stats. 1977 p. 212; Ch. 59, Stats. 2007 p. 144)

      Sec. 2.020  Board of Council Members: Contracts.  Members of the Board of Council Members 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 Council Members: Duties concerning departments.

      1.  The Board of Council Members may establish such departments of the City as it determines are necessary.

      2.  The Board of Council Members shall control and supervise the departments of the City established pursuant to subsection 1 and may adopt rules and regulations for the administration of those departments.

      3.  The duties of each department must be designated by the Board of Council Members.

      (Ch. 275, Stats. 1971 p. 459; A—Ch. 183, Stats. 2001 p. 895)

      Sec. 2.040  Board of Council Members: Discipline of members, other persons; subpoena power.

      1.  The Board of Council Members 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 Council Members.

      2.  If any person ordered to appear before the Board of Council Members fails to obey such order:

      (a) The Board of Council Members 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 Council Members.

      (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 or her accordingly.

      (Ch. 275, Stats. 1971 p. 460)

      Sec. 2.050  Meetings: Quorum.

      1.  The Board of Council Members shall hold at least one regular meeting each month, and by resolution may provide for additional regular meetings.

      2.  Except as otherwise provided in NRS 241.0355, a majority of all members of the Board of Council Members 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 proceedings of the Board of Council Members must be public.

      (Ch. 275, Stats. 1971 p. 460; A—Ch. 183, Stats. 2001 p. 895; Ch. 255, Stats. 2001 p. 1132; Ch. 2, Stats. 2003 p. 17)

      Sec. 2.060  Meetings: Special.

      1.  Special meetings may be held on call of the Mayor or by a majority of the Board of Council Members, by giving a minimum of 6 hours’ notice of such special meeting to each member of the Board of Council Members 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 Council Members 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 Council Member and the City Clerk may administer oaths and affirmations relating to any business pertaining to the City before the Board of Council Members or to be considered by the Board of Council Members.

      (Ch. 275, Stats. 1971 p. 460)

      Sec. 2.090  Powers of Board of Council Members: Ordinances, resolutions and orders.

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

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

      4.  The Board of Council Members 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 Council Members shall not pass any ordinance increasing or diminishing the salary of any elective officer during the term for which he or she 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 Council Members. The style of all ordinances shall be as follows: “The Board of Council Members 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 Council Members 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 Council Members 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 Council Members following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the Board of Council Members. 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 Council Members, 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 Council Members 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 Council Members 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 Council Members 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 Council Members, have incorporated therein a copy of this Charter and such additional data as the Board of Council Members 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 Council Members: Public property, buildings.

      1.  The Board of Council Members 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 Council Members 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 Council Members: Eminent domain.  The Board of Council Members 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 Council Members: Licensing, regulation and prohibition of businesses, trades and professions.

      1.  The Board of Council Members may:

      (a) Except as otherwise provided in NRS 598D.150 and 640C.100, 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 or her profession.

      3.  The Board of Council Members 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; A—Ch. 465, Stats. 2003 p. 2901; Ch. 325, Stats. 2005 p. 1144)

      Sec. 2.160  Powers of Board of Council Members: Police ordinances.

      1.  The Board of Council Members 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 Council Members 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 Council Members: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations.  The Board of Council Members may:

      1.  Organize, regulate and maintain a Fire Department.

      2.  Provide for the appointment of a Fire Chief and prescribe his or her 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)

      Sec. 2.180  Powers of Board of Council Members: Public health; Board of Health; regulations.  The Board of Council Members 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 Council Members: Buildings; construction and maintenance regulations; building and safety codes.  The Board of Council Members 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 Council Members: Zoning and planning.

      1.  The Board of Council Members 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 Council Members 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 Council Members: Rights-of-way, parks, public buildings and grounds and other public places.  The Board of Council Members 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 Council Members: Golf course.  The Board of Council Members 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 Council Members: Traffic control.  The Board of Council Members may, by ordinance, regulate:

      1.  Except as otherwise provided in NRS 707.375, all vehicular, pedestrian and other traffic within the City and provide generally for the public safety on public streets 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; A—Ch. 237, Stats. 2003 p. 1254)

      Sec. 2.240  Powers of Board of Council Members: Parking meters; off-street public parking facilities.

      1.  The Board of Council Members 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 Council Members.

      2.  Except as otherwise provided by this Charter, the Board of Council Members may acquire property within the City by any lawful means except eminent domain for the purpose of establishing off-street public parking facilities for vehicles. The Board of Council Members may, in bonds issued to acquire property for this purpose, pledge the on-street 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 Council Members: Railroads.  The Board of Council Members 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 Council Members: Nuisances.  The Board of Council Members 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 Council Members: Animals and poultry.  The Board of Council Members 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 or her duties.

      4.  Prohibit cruelty to animals.

      (Ch. 275, Stats. 1971 p. 465)

      Sec. 2.280  Powers of Board of Council Members: Abatement of noxious insects, rats and disease-bearing organisms.  The Board of Council Members 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 Council Members: Sanitary sewer facilities.  The Board of Council Members 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 by-product 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 Council Members: Provision of utilities.  The Board of Council Members 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; A—Ch. 416, Stats. 2001 p. 2108)

      Sec. 2.310  Powers of Board of Council Members: Cemeteries; acquisition and maintenance.  The Board of Council Members may, by any lawful means, acquire and maintain property for public use as a cemetery.

      (Ch. 275, Stats. 1971 p. 466)

ARTICLE III - Executive Department

      Sec. 3.010  Mayor: Duties; Vice President.

      1.  The Mayor shall:

      (a) Serve as a member and ex officio President of the Board of Council Members 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 Council Members 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 or she 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 Council Members 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 Council Members, 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 Council Members.

      5.  Enter upon the journal the result of the vote of the Board of Council Members 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 Council Members.

      (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 or her official bond for the performance of his or her duties under the provisions of this Charter, and the Board of Council Members may require from him or her 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 or she 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 Council Members 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 Council Members, 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 Council Members 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 or her office from the City, or absents himself or herself therefrom for more than 30 days without leave of the Board of Council Members, his or her office shall be declared vacant by the Board of Council Members 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 Council Members.

      2.  The Board of Council Members may by proper legal action collect all moneys which are due and unpaid to the City or any office thereof, and the Board of Council Members 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 Council Members may declare the office vacant and fill the vacancy so caused, as provided by law.

      (Ch. 275, Stats. 1971 p. 468)

ARTICLE IV - Judicial Department

      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)

ARTICLE V - Elections

      Sec. 5.010  General municipal elections.

      1.  On the Tuesday after the first Monday in June 2007, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, a Mayor and one Council Member, both of whom hold office until their successors have been elected and qualified pursuant to subsection 3.

      2.  On the Tuesday after the first Monday in June 2009, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, three Council Members, all of whom hold office until their successors have been elected and qualified pursuant to subsection 4.

      3.  On the Tuesday after the first Monday in November 2010, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, a Mayor and one Council Member, both of whom hold office for a period of 4 years and until their successors have been elected and qualified.

      4.  On the Tuesday after the first Monday in November 2012, and at each successive interval of 4 years thereafter, there must be elected by the qualified voters of the City, at a general election to be held for that purpose, three Council Members, all of whom hold office for a period of 4 years and until their successors have been elected and qualified.

      (Ch. 275, Stats. 1971 p. 469; A—Ch. 59, Stats. 2007 p. 145)

      Sec. 5.015  Filing of declarations of candidacy.

      1.  A candidate to be voted for at the general election must file a declaration of candidacy with the City Clerk as provided by the election laws of this State. The City Clerk shall charge and collect from the candidate and the candidate must pay to the City Clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the City Council by ordinance or resolution.

      2.  If, due to the death or ineligibility of or withdrawal by a candidate, a vacancy occurs in a nomination after the close of filing and any applicable period for withdrawal of candidacy, the candidate’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

      (Added—Ch. 493, Stats. 2009 p. 2938; A—Ch. 501, Stats. 2011 p. 3310)

      Sec. 5.020  Applicability of state election laws; elections under Board of Council Members’ 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 Council Members. 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 Council Members 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 Council Members to provide for supplemental registration.

      (Ch. 275, Stats. 1971 p. 469)

      Sec. 5.040  Names on ballots.

      1.  The full names of all candidates, except those who have withdrawn, died or become ineligible before the close of filing and any applicable period for withdrawal of candidacy, 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. 275, Stats. 1971 p. 470; A—Ch. 312, Stats. 2003 p. 1731; Ch. 493, Stats. 2009 p. 2938)

      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 or her 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, except as otherwise provided in NRS 293.5002 and 293.558, 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; A—Ch. 581, Stats. 2001 p. 2972; Ch. 470, Stats. 2005 p. 2305)

      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 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. 275, Stats. 1971 p. 470)

      Sec. 5.080  Voting machines.  The Board of Council Members 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 must be filed with the City Clerk, who shall immediately place such returns in a safe or vault, and no person is permitted to handle, inspect or in any manner interfere with such returns until canvassed by the Board of Council Members.

      2.  The Board of Council Members shall meet on or before the sixth working day 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 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 Council Members.

      3.  The City Clerk, under his or her 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 first Monday in:

      (a) July next following their election for those officers elected in June 2007 or 2009.

      (b) January next following their election for those officers elected in November 2010 and every even-numbered year thereafter.

      4.  If any election should result in a tie, the Board of Council Members 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.

      (Ch. 275, Stats. 1971 p. 470; A—Ch. 59, Stats. 2007 p. 145; Ch. 185, Stats. 2007 p. 629)

      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)

ARTICLE VI - Local Improvements

      Sec. 6.010  Local improvement law.  The Board of Council Members 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.  Off-street 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; Ch. 416, Stats. 2001 p. 2108)

      Sec. 6.020  Local improvement law: Collateral powers.  The Board of Council Members 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)

ARTICLE VII - Local Bonds and Franchises

      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; A—Ch. 416, Stats. 2001 p. 2109)

      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 Council Members 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)

ARTICLE VIII - Revenue

      Sec. 8.010  Municipal taxes.

      1.  The Board of Council Members 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 Council Members 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 Council Members 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)

ARTICLE IX - Miscellaneous Provisions

      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)