[Rev. 3/1/2019 5:33:49 PM]
κ1957 Statutes of Nevada, Page 401 (CHAPTER 289, AB 305)κ
revenue bearing bonds for acquiring additions or additional facilities, or for expansion to their public utilities.
Sec. 5. City Council: Election of. The governing body of the City of Caliente shall consist of a city council, composed of a mayor and three councilmen, whose first election shall be held in the manner and at the time as follows: At the regular biennial spring election qualified voters of the City of Caliente shall vote on and elect a mayor and three councilmen. All provisions of the law relating to general elections, so far as same can be made applicable and not inconsistent with the provisions of this act, shall apply to and be observed in conducting such elections hereinafter provided for; as well as applied to and observed in the appointment of inspectors conducting and canvassing of said election. No candidate for office at such elections shall be entitled to have his name placed upon the official ballot unless such candidate shall have complied with all the general election laws of the State of Nevada, and shall be a taxpayer within said city.
Sec. 6. Officers, Elective. Qualifications. The elective officers of the City of Caliente shall consist of a mayor and three councilmen who shall be qualified electors and taxpayers within the city and shall have been actually bona fide residents thereof for a period of at least two years next preceding their election, provided the three councilmen must each reside within their respective ward.
Sec. 7. Officers, Election of: Election, When and How Held. On the first Tuesday after the first Monday in May 1957, and at each successive interval of four years, there shall be elected by the qualified voters of the City of Caliente, at a general election to be held for that purpose a mayor, in and for said city, who shall hold office for a period of four years, and until his successor shall have been elected and qualified. At said election on the first Tuesday after the first Monday in May 1957, there shall be elected by the qualified voters of the said city three councilmen being composed of the one from each ward who receives the greatest number of votes at said election, provided that of these three so elected the one receiving the largest popular vote shall hold office for four years, and the other two shall hold office for two years, thus giving the city a mayor and one councilman with a four-year term, and two councilmen with a two-year term. On the first Tuesday after the first Monday in May 1959, and each successive interval of two years thereafter, there shall be elected, by the qualified voters of said city, one councilman who shall hold office for four years and one councilman who shall hold office for two years and until their successors shall have been elected and qualified. At the election on the first Tuesday after the first Monday in May 1959, and thereafter, there shall be two councilmen elected, as aforesaid, and of these two the one receiving the largest popular vote shall be elected for the four-year term and the other one for the two-year term. In the event of a tie the results shall be determined by lot. The city council of said city shall order the general election, and shall determine the place in said city for the holding of the same, and the mayor of said city shall make proclamation thereof, and otherwise said election and the manner of holding of the same shall be governed by the laws of the State of Nevada governing general elections so far as the same may be applicable thereto; and in the event there should be any failure on the part of the general election laws of the state to provide for some features of said city election in said city, the council of the City of Caliente shall have the power to provide for such deficiency.
κ1957 Statutes of Nevada, Page 402 (CHAPTER 289, AB 305)κ
Nevada governing general elections so far as the same may be applicable thereto; and in the event there should be any failure on the part of the general election laws of the state to provide for some features of said city election in said city, the council of the City of Caliente shall have the power to provide for such deficiency.
Sec. 8. Elections; Conducting of. The city council may and they are hereby empowered to provide for the registration of electors for any and all city elections, both regular and special, and to provide for conducting all such elections, establishing election precincts and wards and changing the same, and appointing the necessary officers of election; provided, however that they may, at their option, and without the enactment of ordinance, proceed in accordance with the provisions of the general election laws of the State of Nevada wherever the same can be made applicable.
Sec. 9. Canvass of Returns, When and by Whom; Tie Vote Procedure. On the Tuesday following said election, or as soon thereafter as practicable, the city council of the City of Caliente then in office shall canvass the returns and declare the election of the candidates receiving the highest number of votes, as hereinbefore set forth; and in the event it should appear that a tie vote exists as to any two or more of the candidates for any elective office, the city council of the City of Caliente shall forthwith summon the candidates who have received such tie votes to appear before the council, and such council in the presence of such candidates shall determine the tie by lot. The city council of the City of Caliente shall thereupon cause to be issued to each of the successful candidates for said elective offices a certificate of election, and such certificate or a certified copy thereof shall be received in evidence in any court in this state as prima facie evidence of the election of such officer.
Sec. 10. Officers, Appointive and Ex Officio: Enumeration and Compensation of. The county assessor of the county of Lincoln shall be ex officio city assessor. Said officer shall perform the duties of his office under said city without extra compensation, but for the performance of the duties of city assessor relative to city assessments as in this act provided, the city council upon request of the city assessor, may appoint, for such time as his services may be necessary a deputy city assessor to perform such duties relative to special assessments. The city council shall fix and pay the deputy such compensation as they deem fit. Said county assessor shall be liable on his official bond for the faithful discharge of the duties imposed on him by this act.
(1) City Clerk. The city council shall appoint a city clerk who shall be ex officio auditor, the salary of the combined offices shall be fixed, allowed and paid by said council.
(2) City Marshal. The city council shall appoint a city marshal who shall also be ex officio chief of police, license collector and pound master. The salary of the combined offices to be fixed, allowed and paid by said council. The said city marshal shall have the power to employ and dismiss police officers, subject to confirmation by the city council as hereinafter provided, as authorized by the city council from time to time, and to direct their work.
κ1957 Statutes of Nevada, Page 403 (CHAPTER 289, AB 305)κ
(3) Police Judge. The city council shall appoint a police judge at a salary to be fixed by the said council.
(4) City Treasurer. The city council shall appoint a city treasurer at a salary to be fixed by said council.
(5) City Attorney. The council may also at its discretion appoint a city attorney at a salary to be fixed by the city council or may at its discretion employ and compensate an attorney from time to time for such legal advice and services as they may deem necessary.
(6) City Physician. The said city council may at its discretion appoint a city physician at a salary to be fixed by the council.
(7) City Manager. The said city council may appoint a city manager and fix his compensation. He shall be selected solely upon the basis of qualification for the position which shall take into consideration his educational preparation, experience, executive and administrative ability, character and reputation, and in such selection the choice shall not be limited to inhabitants of the city or state. He shall be appointed for an indefinite period and may be removed in the same manner as provided for other appointments made by the council; provided however, that if removed at any time after having served for six months, he may demand written charges and a public hearing on the same before the city council prior to the date on which his final removal shall take effect. During the temporary absence or disability of the city manager the city council may designate some properly qualified person to perform the duties of his office.
(8) Other Officers. The city council may from time to time ordain and establish other offices with the right to fill the same by appointment and prescribe the duties thereof. The duties and compensation of the appointive officers shall be fixed, allowed and paid by the city council out of such funds as the council may designate. And such duties or salary may be changed from time to time by the city council. Any one or more of such appointive offices may, at the discretion of the city council, be combined and the duties thereof be discharged by one person.
Sec. 11. (There is no section of this number.)
Sec. 12. Mayor and Mayor Pro Tem, Duties. The chief executive officer of the City of Caliente shall be the mayor, and during his absence or disability the councilman elected to the long term at the last election shall act as mayor pro tem, who during such absence or disability shall possess the power and duties of the mayor. The mayor must exercise a careful supervision over the general affairs of the city. He shall vigilantly observe the official conduct of all public officers and note the fidelity and exactitude or the absence thereof with which they execute their official duties, and especially in respect to the collection, administration and distribution of the public funds, and all books, papers, records and documents of said city shall at all times be open to his inspection, and any official misconduct or willful neglect of duty shall be reported by him to the council. He shall from time to time, give the council information in writing relative to the state of the city and recommend such measures as he may deem beneficial to the city. He shall see that all general laws and ordinances of the city are observed and enforced and shall take all proper measures for the preservation of public peace and order, and the suppression of riots, tumults and all forms of public disturbances, for which purpose he is authorized to appoint extra policemen temporarily, and to use and command the police force, or if the same be inadequate it shall be his duty to call upon the governor for military aid in the manner provided by law.
κ1957 Statutes of Nevada, Page 404 (CHAPTER 289, AB 305)κ
observed and enforced and shall take all proper measures for the preservation of public peace and order, and the suppression of riots, tumults and all forms of public disturbances, for which purpose he is authorized to appoint extra policemen temporarily, and to use and command the police force, or if the same be inadequate it shall be his duty to call upon the governor for military aid in the manner provided by law. He shall see that all contracts are fully kept and faithfully performed, and to that end and in any such case where necessary or proper to protect the interests of the city, shall cause legal proceedings to be instituted or defended at the expense of the city. He shall have the power to suspend any appointive officer for misfeasance, nonfeasance or malfeasance in office, and report such action and cause therefor to the council at the first subsequent regular meeting, and if the council by a majority vote of the members present at such meeting approve the suspension, such office shall be declared vacant. If a majority vote be against such approval such suspension shall thereby be revoked. He shall preside over the city council when in session, and shall preserve order and decorum among the members and enforce the rules of the council and determine the order of business, subject to such rules and to appeal to the council. He shall not be entitled to vote except as in this act otherwise expressly provided. He may exercise the right to veto upon all matters passed by the council, and it shall require the unanimous vote of the whole council to pass any matter receiving the mayors veto. No resolution or contract requiring the payment of money, nor any ordinance shall go into force, or have any effect until approved in writing, by the mayor, unless passed over the mayors veto; provided, that, if the mayor does not approve such resolution, contract or ordinance so submitted, he must within five days from the receipt thereof, return the same to the city clerk with his reasons in writing for not approving it, and if the mayor does not so return it, such resolution or contract shall thereupon go into effect as if the same had been approved by the mayor. The mayor shall, in addition to the duties herein provided for, sign all licenses and warrants and claims against the city and perform such other duties as the council shall prescribe by ordinance. He shall, subject to the confirmation of the council, appoint all officers of the city whose election or appointment is not otherwise provided for. He must nominate such appointments to the council at the first subsequent meeting. He may remit fines and forfeitures and release any person imprisoned for violation of any city ordinance, and shall report such remittance or release, with the cause thereof, to the city council at its next session.
Sec. 13. City Manager, Duties. The city manager shall be responsible for the administration of the general affairs of the city and his duties shall be:
(1) To exercise control over all departments and enterprises of the city and direct the work of all appointed officers except as otherwise provided for in this act;
(2) To employ and dismiss all city employees except those whose appointment is made by the city council or otherwise provided for in this act;
κ1957 Statutes of Nevada, Page 405 (CHAPTER 289, AB 305)κ
(3) To superintend the construction of all public works within the city;
(4) To see that the ordinances of the city are observed and enforced;
(5) To approve or disapprove the requisition for the purchase of any article or articles for said city, by any department or officer before purchase is made;
(6) To keep the city council fully advised as to the financial condition and needs of the city. He shall, with the city clerk or some member of the city council, at least once each month, count the cash in the city treasury and see that such cash corresponds with the books of the treasurer, and report the result to the council;
(7) To formulate the budget of the city and carry out the provisions thereof;
(8) To attend all meetings of the city council and to recommend to said city council for adoption such measures as he may deem necessary and expedient;
(9) To perform such other duties as may be prescribed by ordinance or resolution of the city council.
Sec. 14. City Clerk, Duties.
(1) The city clerk shall countersign all contracts made in behalf of the city, and every such contract or contracts to which the city is a party shall be void unless signed by the city clerk.
(2) He shall also be ex officio auditor and shall draw and countersign all orders upon the treasurer in pursuance of any order or resolution of the city council, and keep a full and accurate account thereof in books provided for that purpose.
(3) He shall make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action to the city council as shall secure the payment of the principal and interest of such bonds.
(4) He shall keep regular books of account in which he shall enter all indebtedness of the city, and which shall at all times show the financial condition of the city, the amount of bonds, orders, certificates or other evidence of indebtedness issued by the city council, the amount of all bonds, orders, certificates or other evidences of indebtedness which have been redeemed, and the amount of each outstanding;
(5) He shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue and the amounts which they have disbursed under the direction of the city council;
(6) He shall examine all reports, books, papers, vouchers and accounts of the city treasurer;
(7) He shall audit all claims and demands against the city before they are allowed by the city council;
(8) He shall keep a record of claims presented and the action of the council thereon;
(9) He shall keep a book properly indexed in which he shall enter all contracts, which book shall be open to the inspection of all persons interested;
κ1957 Statutes of Nevada, Page 406 (CHAPTER 289, AB 305)κ
(10) He shall perform such other duties as the city council may provide by ordinance or resolution.
Sec. 15. Treasurer, Duties.
(1) The city treasurer shall receive all money belonging to the city, including all taxes, licenses and fines, and keep an accurate and detailed account thereof, in such manner as provided in this act, or the city council may from time to time by ordinance direct, and he shall collect special taxes and assessments as provided by law and ordinance.
(2) He shall make a settlement with the city clerk or auditor, as the council may direct, at the end of every month and turn over all warrants, interest coupons, bonds or other evidence of indebtedness of the city, which may have been redeemed by him during the month, taking the receipts of the city clerk or auditor therefor, and all such warrants, orders or other evidence of indebtedness shall be cancelled by him, and have written or stamped thereon the date of their payment or redemption.
(3) He shall pay no money out save upon lawful warrant, except on account of bonds and interest coupons, which when due may be paid upon presentation, or, in case the same are payable at some other place then the money for their redemption, shall be sent to the place where they are payable in time to meet such payment when due.
(4) He shall give to every person paying money into the city treasury a receipt therefor specifying the date of payment and upon what account paid; and he shall also file the duplicate of such receipt with the city clerk or auditor as the city council may direct, at the date of his monthly report.
(5) He shall keep all money belonging to the city separate and distinct from his own money.
(6) The treasurer shall report to the city council at such times as may be prescribed by ordinance, giving a full and detailed account of all receipts and expenditures since his last report, and of the state of the treasury.
(7) He shall also keep a register of all warrants redeemed and paid during the year, and describing such warrants, their date, amount, number, the fund from which paid, the person to whom paid, specifying also the time of payment. And all such warrants shall be examined by the city council at the time of receiving such report.
(8) All moneys received from any special assessment shall be held by the treasurer as a special fund, to be applied to payment for the improvement for which the assessment was made, and said money shall be used for no other purpose whatever.
Sec. 16. Police Judge, Courts, Powers and Duties.
(1) There shall be in the City of Caliente a municipal court; the papers, pleadings filed therein and process issuing therefrom shall be entitled In the Municipal Court of the City of Caliente.
(2) The municipal court shall be presided over by a police judge, who shall be a citizen of the state, and shall have been a bona fide resident of the city for not less than one year next preceding his election or appointment, and he shall be an elector and taxpayer in the city.
(3) The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justices of the peace wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of said city or of this act, of a police or municipal nature; provided, that the trial and proceedings in such cases shall be summary and without a jury.
κ1957 Statutes of Nevada, Page 407 (CHAPTER 289, AB 305)κ
the city as are now provided by law for justices of the peace wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of said city or of this act, of a police or municipal nature; provided, that the trial and proceedings in such cases shall be summary and without a jury.
(4) The said court shall have jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of this act of a police or municipal nature, and shall hear, try and determine such cases in accordance with the provisions of such ordinances or of this act.
(5) The practice and proceedings in said court shall conform, as nearly as practicable, to the practice and proceedings of justice courts in similar cases.
(6) Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of said city, at the rate of one day for every two dollars of such fine, or the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of said city, at the rate of three dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
(7) Said court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also of actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments when the principal sum claimed does not exceed three hundred dollars; also for the breach of any bond given by any officer or persons to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer, that the validity of any tax, assessment or levy, or title to real property shall necessarily be an issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.
(8) The said court shall have jurisdiction of offenses committed within the city, which violate the peace and good order of the city or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, riot affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation, or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under ordinances of the city.
(9) The said court shall be treated and considered as a justice court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, search warrants, writs and process necessary to a complete and effective exercise of its powers and jurisdiction, and may punish for contempts in like manner and with the same effect as is provided by general law for justices of the peace.
κ1957 Statutes of Nevada, Page 408 (CHAPTER 289, AB 305)κ
shall have power to issue all warrants, search warrants, writs and process necessary to a complete and effective exercise of its powers and jurisdiction, and may punish for contempts in like manner and with the same effect as is provided by general law for justices of the peace.
(10) The police judge shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall render monthly or oftener as the council may require, an exact and detailed statement, in writing, under oath, of the business done and of all fines collected, as well as fines imposed but uncollected, since his last report, and shall at the same time render and pay into the city treasury all fines collected and moneys received on behalf of the city since his last report.
(11) In all cases in which the police judge shall, by reason of being a party, or being interested therein, to any proceeding pending in the municipal court, or related to either defendant or plaintiff or complaining witness therein as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of said county, on the written request of the mayor, shall act in place and stead of said police judge; and the council shall have power to apportion ratably the salary of such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.
(12) Appeals to the district court may be taken from any final judgment of said municipal court in the same manner and with the same effect as appeals from justice courts in civil or criminal cases, as the case may be.
(13) All warrants issued by the municipal court shall run to any sheriff or constable of the county, or to the marshal or any policeman of the city.
Sec. 17. Chief of Police, Powers and Duties.
(1) The city marshal of the City of Caliente shall be ex officio chief of police and shall perform the duties and exercise the authority thereof. He shall have power to appoint an assistant chief of police, by and with the consent and subject to the confirmation of the city council, and also, to appoint the necessary number of policemen required by the council, such appointees to be subject to approval and confirmation of, and to receive such salaries and compensation as shall be fixed by the council.
(2) The chief of police shall have command and control of the police force of the city, and may suspend any police officer for cause pending investigation by the city council. He shall be vigilant in the detection of crimes and offenders, and shall diligently see that all ordinances of the city of police nature, the general laws and the provisions of this act, are rigidly enforced and observed.
Sec. 18. City Attorney, Duties.
(1) The mayor may, at his discretion, by and with the consent of the council, appoint a city attorney.
(2) The city attorney shall be a licensed and practicing attorney of the supreme court of this state in good standing at the bar and a bona fide resident of the county of Lincoln for at least one year preceding his election or appointment to be eligible to the office of city attorney.
κ1957 Statutes of Nevada, Page 409 (CHAPTER 289, AB 305)κ
fide resident of the county of Lincoln for at least one year preceding his election or appointment to be eligible to the office of city attorney.
(3) The city attorney shall be legal adviser of the council and all officers of the city, in all matters respecting the affairs of the city. He shall act as the attorney for the city in any and all legal proceedings in any and all courts in which the city is a party or interested. He shall prosecute in the proper courts for all offenses against the provisions of this charter, the ordinances of said city and shall perform such other and further duties as may be required of him by the council or prescribed by ordinance.
(4) He shall be present at all meetings of the council, draw all ordinances, orders, rules and resolutions required by the council.
(5) He shall verify and file for record all claims of the city for liens for assessments imposed for street improvements which remain unpaid, and shall preserve, protect, and enforce the rights of the city by prosecuting suits for the foreclosure of the same in the proper courts, and shall receive all moneys paid in by delinquents or otherwise realized in such proceedings, and shall, without delay, pay over all such moneys to the city clerk.
(6) The council may, in the exercise of its sound discretion, employ counsel to aid the city attorney whenever in its judgment the public interests shall require such employment, and the expense thereof shall be allowed and paid in the same manner as other claims against the city.
Sec. 19. City Council, Powers. The said city council shall have the following powers:
(1) To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said council may deem proper; provided, that the punishment of any offense shall be by fine not to exceed five hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
(2) To control the finances and property of the corporation.
(3) To appropriate the same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
(4) To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
(5) To borrow money on the credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the council shall determine; and the said council may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds to an amount in excess of 60 percent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip, or other evidences of indebtedness, in excess of 2 percent of the assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring water, light, and heat.
κ1957 Statutes of Nevada, Page 410 (CHAPTER 289, AB 305)κ
scrip, or other evidences of indebtedness, in excess of 2 percent of the assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring water, light, and heat. The said council shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The city council shall have the power to acquire or establish any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in said manner. The city council shall issue a proclamation which shall set forth briefly the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the council and mayor, or an engineer or party theretofore, appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest, and time within which redeemable and on what fund. Such proclamation shall be published in full at least once a week for four consecutive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said council will pass an ordinance providing for said bond issue. At the first regular meeting of the council, or any adjournment thereof, after the completion of said publication, the council shall proceed to enact an ordinance for such purpose, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said council signed by not less than 10 percent of the qualified electors of the said city as shown by the last preceding registration list and representing not less than 5 percent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said 10 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed; then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said council pursuant to a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said council at any time prior to the date of meeting set in said published notice.
(6) To borrow money by the issuance and sale of revenue bonds of the city for water, sewer, electric light and power purposes as hereinafter in this charter provided.
(7) To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.
(8) To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
κ1957 Statutes of Nevada, Page 411 (CHAPTER 289, AB 305)κ
shall be uniform in respect to the class upon which they are imposed.
(9) To fix the amount of licenses and terms and manner of their issuance.
(10) To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or in part within the city, including all theatres, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous, or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway or bus companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stockbrokers.
To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products, of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.
To prohibit and suppress all dogfights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions such as music or otherwise.
To fix, impose and collect a license tax on and regulate all lawful professions, trades and callings and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter houses, wood and fuel dealers, sewing machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games or other or any table games played with cue and balls, or other mechanical devices, bakeries, milliners, gunsmith companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors, or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any kind and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drugstores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstract of title, iron works, notion and notion shops, pipe and tobacco shops, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or character of lawful business or callings not herein specifically named; provided, that in fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said council may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
κ1957 Statutes of Nevada, Page 412 (CHAPTER 289, AB 305)κ
wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games or other or any table games played with cue and balls, or other mechanical devices, bakeries, milliners, gunsmith companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors, or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any kind and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drugstores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstract of title, iron works, notion and notion shops, pipe and tobacco shops, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or character of lawful business or callings not herein specifically named; provided, that in fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said council may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
(11) To fix, impose and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles, and all automobiles, taxicabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses.
(12) To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
(13) To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.
(14) To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
κ1957 Statutes of Nevada, Page 413 (CHAPTER 289, AB 305)κ
(15) To prevent and remove obstructions and encroachments upon the same.
(16) To provide for and regulate crosswalks, curbs and gutters.
(17) To name streets, avenues, or other public places and to change the names thereof.
(18) To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.
(19) To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same free from snow or obstructions.
(20) To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.
(21) To regulate and prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, sign posts, awnings, poles for support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.
(22) To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.
(23) To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds or upon the sidewalks.
(24) To regulate the speed of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues, and public places.
(25) To regulate or prohibit any public demonstrations and processions.
(26) To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues, and public places.
(27) To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks.
(28) To regulate the ringing of bells, blowing of horns, bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
(29) To construct and keep in repair bridges, viaducts, and tunnels, and to regulate the use thereof.
(30) To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks, streetcar tracks and connecting and terminal tracks.
κ1957 Statutes of Nevada, Page 414 (CHAPTER 289, AB 305)κ
(31) (Deleted by amendment.)
(32) (Deleted by amendment.)
(33) (Deleted by amendment.)
(34) To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
(35) To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
(36) To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or associations, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of the said city.
(37) To provide for the lighting of the streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of gas, natural gas and electric and other lights and electric power.
(38) To construct and maintain water works, gas works, electric light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
(39) To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operating of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
(40) To regulate and control the water and watercourses, ditches, flumes, within or leading to the city, and to regulate and control mill privileges within the city.
(41) To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells, and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or public purposes; and to prevent all waste of water, and, if necessary, to secure said sources of water supply to purchase, or lease the land from or upon which said water has been appropriated or applied. Also to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.
(42) To fix the rate to be paid for the use of water, electric light and power, and sewer services furnished by the city.
(43) To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
κ1957 Statutes of Nevada, Page 415 (CHAPTER 289, AB 305)κ
maintenance, management and control of the property so leased, purchased or constructed.
(44) To regulate the construction, repair and use of vats, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifications shall be had by persons following said trade.
(45) To establish markets and market-houses, and to provide for the regulation and use thereof.
(46) To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
(47) To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
(48) To provide for the inspection, measurement, or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
(49) To provide for the inspection and sealing of weights and measures.
(50) To enforce the keeping and use of proper weights and measures by vendors.
(51) To provide for and regulate the inspection of malt, vinous, fermented, and spirituous liquors.
(52) To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
(53) To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, hide or junk warehouses, soap factories, foundries, breweries, distilleries, livery stables and the blacksmith shops in, or within one mile of the limits of the corporation.
(54) To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pigsty, barn, corral, sewer or other unwholesome house or place, to cleanse, abate, or remove the same, and to regulate the location thereof.
(55) To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporation limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
(56) To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
κ1957 Statutes of Nevada, Page 416 (CHAPTER 289, AB 305)κ
grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
(57) To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons, and others for default therein.
(58) To provide for the burial of the indigent dead and to pay the expenses thereof.
(59) To authorize the taking and to provide for safekeeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.
(60) To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
(61) To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removal.
(62) To prescribe the manner of constructing stone, brick, and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
(63) To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.
(63 1/2) To adopt a building code regulating the construction, erection, enlargement, raising, alteration, repair, removal, maintenance, use, and height of buildings, including all plumbing and electric wiring therein and connected therewith, regulating the character and use of material in and for buildings, the nature and extent of occupancy of lots by proposed buildings, the restriction of building lines with reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zone, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction and which application shall be subject to approval or rejection or limited or provisionally approved in the discretion of said city council if not fully complying with said building code, and providing in greater detail each, any, and all of the matters and things described in subsections 61, 62 and 63, provided, however that said building code may be adopted by resolution of said city council and thereafter amended, changed, enlarged, or extended by resolution of said council, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said council shall cause a brief notice of such adoption to be published at least twice in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said council requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
κ1957 Statutes of Nevada, Page 417 (CHAPTER 289, AB 305)κ
which application shall be subject to approval or rejection or limited or provisionally approved in the discretion of said city council if not fully complying with said building code, and providing in greater detail each, any, and all of the matters and things described in subsections 61, 62 and 63, provided, however that said building code may be adopted by resolution of said city council and thereafter amended, changed, enlarged, or extended by resolution of said council, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said council shall cause a brief notice of such adoption to be published at least twice in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said council requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
(64) To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
(65) To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
(66) To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.
(67) Except as otherwise provided by law to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the council may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
(68) To provide for the inspection and to regulate the use of steam-boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.
(69) To prohibit cruelty to animals.
(70) To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound keeper, and prescribe his duties and to restrain and impound animals running at large, and sale of such animals.
κ1957 Statutes of Nevada, Page 418 (CHAPTER 289, AB 305)κ
sale of such animals. After the payment of all costs, the proceeds arising from the sale of such animals shall go to the city treasury to be disposed of according to law.
(71) To provide for the punishment of persons disturbing the peace and good order of the city or any unlawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the council may deem proper.
(72) To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
(73) To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants and persons found in said city without visible means of support or some legitimate business.
(74) To prevent intoxication, fighting, quarreling, dogfights, cockfights, prize fights, bullfights, and all disorderly conduct and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled is obtained by false pretense does not exceed in value the sum of one hundred dollars.
(75) To regulate and prohibit the carrying of concealed weapons.
(76) To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
(77) To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; and also to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.
(78) To provide for and regulate the numbering of houses and lots.
(79) To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the council shall have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.
κ1957 Statutes of Nevada, Page 419 (CHAPTER 289, AB 305)κ
might do; provided, that the council shall have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.
(80) To erect, lease, acquire, and maintain all needful buildings for the use of the city.
(81) The city council shall have the power to condemn property for public use.
(82) To provide television to the community through the use of translators or other devices approved by the Federal Communications Commission and to establish fees, tolls or charges for the use thereof by the general public.
Sec. 20. Official Oath; Qualifications. Every person elected by the voters of said city or appointed by the city council to fill any office under this act, shall, before entering on the duties of his office, take and subscribe to the official oath provided by the constitution of this state; and in addition thereto, that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government of the City of Caliente. All official bonds herein provided for shall be filed with the city clerk of said city, with the exception of the city clerk, which shall be filed and recorded in the office of the county clerk of Lincoln County. All elective officers herein provided for shall enter upon their duties on the first Monday in July next following their election and qualification provided no officer shall take office until he has filed his official oath of office and filed his official bond after having said bond approved by the district judge as hereinafter provided.
Sec. 21. Officers, Bonds of; Approval by District Judge. All officers elected by popular vote before entering upon the duties of respective offices shall give bond as provided by ordinance. All appointive officers whose bonds are not herein otherwise provided for shall give bond in such sum as may be set from time to time by the city council of said city, payable to the City of Caliente, Lincoln County, Nevada, conditioned both for elective and appointive officers for the faithful discharge of the duties of their office. Said bond shall be issued by the State of Nevada or by a reliable bonding company authorized to do business in the State of Nevada.
Sec. 22. Mayor and Councilmen, Salary of. The mayor and councilmen shall receive remuneration for their services, payable monthly, such amount per meeting actually attended as may from time to time by resolution be set by said council provided such remuneration may not exceed $50 per officer per month.
Sec. 23. Councilmen not to Hold Other Office; Officers not to Contract With City or Make Bonds to City; Forfeiture of Office. No member of the city council shall hold any other elective public office or employment under the county of Lincoln, nor have employment thereunder, nor receive compensation for any other position or office which is paid out of the public money of the City of Caliente, nor be elected, nor appointed to any offices created by or the compensation of which was increased or fixed beyond the limitations prescribed in this charter by the city council while he was a member thereof. Nor shall any member of the city council of the City of Caliente be pecuniarily interested directly or indirectly in any contract let by the city, nor in any manner wherein the rights or liberties of the City of Caliente are, or may be, involved; nor shall any member of the city council of Caliente be interested directly or indirectly in any public work or contract let, supervised or controlled, or which shall be paid wholly, or in part, by the City of Caliente, nor shall any such councilman become the surety of any person on any bond or other obligation of the City of Caliente.
κ1957 Statutes of Nevada, Page 420 (CHAPTER 289, AB 305)κ
in any manner wherein the rights or liberties of the City of Caliente are, or may be, involved; nor shall any member of the city council of Caliente be interested directly or indirectly in any public work or contract let, supervised or controlled, or which shall be paid wholly, or in part, by the City of Caliente, nor shall any such councilman become the surety of any person on any bond or other obligation of the City of Caliente. Any member of the city council of the city becoming interested directly or indirectly as aforesaid, or by commission, or retainer, or fee or by gift or loan given or received at the time of the transaction, or before or after the same, in any contract, franchise, work, purchase or sale, by or with any of the agencies aforesaid, shall forfeit all rights or claim to the title and emoluments of the office which he may happen to hold in said city, and shall be expelled therefrom by the city council, or, if they fail to remove said member of the city council, guilty as aforesaid, he shall nevertheless be subject to removal upon the action of twenty citizens taken in the district court of Lincoln County in such proceedings as are appropriate and proper.
Sec. 24. Recall of Officers, Procedure of Election of Successor. The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows: A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least twenty per centum of the entire number of persons entitled to vote in said city at said time, demanding an election for the recall of, or for the election of a successor to the person sought to be removed, shall be filed with the city clerk; provided, that the petition sent to the city clerk shall contain a general statement, in not more than 200 words, of the grounds for which the removal is sought. The signatures to the petition need not be all appended to one paper, but each signer shall add to his signature his place of residence, giving his street and number. One of the signers of each of such papers shall make an oath before an officer competent to administer oaths that each signature is that of the person whose name purports to be thereunto subscribed. Within ten days from the filing of such petition, the city clerk shall examine same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters, and if necessary the council shall allow him extra help for that purpose, and he shall forthwith attach to said petition a certificate showing the result of said examination. If by the city clerks certificate the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate. The clerk shall within ten days after such amendment make like examination of the amended petition, and if his certificate shall show same to be insufficient, it shall be returned to the person filing same, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found to be sufficient, the city council shall order and fix a date for holding the said election not less than thirty nor more than forty days from the date of the clerks certificate to the board that a sufficient petition is filed. Provided, however, that if such officer shall offer his resignation within five days after the filing of the petition aforesaid, such resignation shall be accepted, and the vacancy thereby caused shall be filled in the manner provided by law; if such officer shall not resign, he shall continue to perform the duties of his office until the result of said special election shall be finally declared.
κ1957 Statutes of Nevada, Page 421 (CHAPTER 289, AB 305)κ
resignation shall be accepted, and the vacancy thereby caused shall be filled in the manner provided by law; if such officer shall not resign, he shall continue to perform the duties of his office until the result of said special election shall be finally declared. The city council shall make, or cause to be made, publication of notice and all arrangements for holding such election, and the same shall be conducted, returned, and the result thereof declared in all respects as are other city elections. On the ballot at said election there shall be printed verbatim, as set forth in the recall petition, the reason for demanding the recall of said officer, and, in not more than 200 words, the officers justification of his course in office, if furnished by him. If there be no other candidate nominated to be voted for at said special election, there shall be printed on the ballot the name of the officer sought to be recalled, the office which he holds and the words For Recall and Against Recall; if there be other candidates nominated for the office to be voted for at said special election, there shall be printed upon the ballot the name of the officer sought to be recalled, and the office which he holds, and the name or names of such other candidates as may be nominated to be voted for at said special election, and the words For Recall and Against Recall shall be omitted; in other respects the ballot shall conform with the requirements of the general election laws applicable to city elections. If there be other candidates nominated to be voted for at the special election, the candidate who shall receive the highest number of votes at said special election, shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed or another. If any officer be recalled upon such special election, and other candidates are not nominated to be voted for at such special election, the vacancy thereby created shall be filled in the manner provided by law. No petition for the recall of any public officer shall be circulated or filed against any such officer until he has actually held his office six months. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless said further petitioners shall pay into the public treasury, from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election.
Other candidates for the office may be nominated to be voted for at said special election by petition, which said petition shall be signed by the qualified electors of said city qualified to vote for a successor of such incumbent equal in number to 20 percent of the entire number of persons entitled to vote in said city at said time. Said nominating petition shall be filed with the officer with whom the said recall petition is filed, at least fifteen days prior to the date of said special election.
Sec. 25. Vacancy in Office; Resignation; Election of Successors. Resignation by the mayor or any other charter officer created by this act, shall be made in writing to the city council for their action thereupon. In case of the removal of the domiciles of the mayor or any councilman or any other charter officer from the territorial limits of said city, such removal shall ipso facto be deemed to create a vacancy in his office. In case of any vacancy from any cause in the office of mayor or any councilman, the same shall be filled for the unexpired term by a majority vote of the remaining members of the city council.
κ1957 Statutes of Nevada, Page 422 (CHAPTER 289, AB 305)κ
mayor or any councilman, the same shall be filled for the unexpired term by a majority vote of the remaining members of the city council.
Sec. 26. Oaths, Who May Administer. Each councilman and the city clerk shall be and are hereby authorized to administer oaths in the municipal affairs and government of the city.
Sec. 27. City Council; Meetings; Special Meetings; Quorum. The city council shall prescribe by ordinance the time and place of holding its meetings; provided, that at least one meeting shall be held each month. Special meetings may also be held on a call of the mayor or a majority of the council, by giving six hours written notice of such special meetings to each member of the council, served personally or left at his usual place of abode; provided, no ordinance shall be passed nor any claims allowed at such special meeting; and provided further, that no business shall be transacted at any such special meeting except such as shall be stated in the call therefor.
The councils deliberations, sessions and proceedings must be public. It shall keep a journal of its own proceedings. The yeas and nays shall be taken upon the passage of all ordinances, and all propositions to create any liability against the city, or to grant, deny, increase, decrease, abolish, or revoke licenses, and in all other cases at the request of any member or of the mayor, which yeas and nays shall be entered upon the journal of its proceedings. The concurrences of a majority of the members elected to the city council shall be necessary to pass any such ordinance or proposition.
No vote of the city council shall be reconsidered at a special meeting, unless there be present at such special meeting as large a number of councilmen as were present when said vote was taken.
On request of one or more members of the city council, final action on any report of a committee of the council shall be deferred to the next regular meeting of the council after the report is made. A quorum shall consist of the mayor and two councilmen or the mayor pro tem and two councilmen.
Sec. 27.5 Ordinances, How Enacted. The style of ordinances shall be as follows: The city council of the City of Caliente do ordain, and all proposed ordinances when first proposed, shall be read by title to the city council and may be referred to a committee of any number of the members of the council for consideration, after which at least one copy of the ordinance shall be filed with the city clerk for public examination, and notice of such filing shall be published once in a newspaper published in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in such city, at least 1 week prior to the adoption of the ordinance, and the council shall adopt or reject the ordinance, or the ordinance as amended, within 30 days from the date of such publication, except that in cases of emergency, by unanimous consent of the whole council, such final action may be taken immediately or at a special meeting called for that purpose. At the next regular or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the council, and thereafter it shall be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance shall be finally voted or action thereon postponed.
κ1957 Statutes of Nevada, Page 423 (CHAPTER 289, AB 305)κ
be finally voted or action thereon postponed. After final adoption the ordinance shall be signed by the mayor, and, together with the votes cast thereon, be published once in a newspaper published in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in such city, 20 days after such publication the same shall go into effect except emergency ordinances which may be effective immediately. In all prosecutions for the violation of any of the provisions of any city ordinance, rule, resolution, or other regulation of the city council, whether in the court of original jurisdiction or in any appellate court, it shall not be necessary to plead the contents of the same, but the court before which the proceedings may be pending shall take judicial notice of such ordinance, rule, resolution or other regulation, and of the contents thereof, and in all civil actions it shall not be necessary to plead the contents of any ordinance, rule, resolution, or other regulation of the city council, but the same may be pleaded by title, and may be proved prima facie by the introduction of the original entry thereon on the records of the city council, or a copy thereof certified by the city clerk to be a full, true, and correct copy of such original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.
Sec. 28. Ordinances, Electric, Building and Other Codes Adopted by Reference. An ordinance adopting any specialized or uniform building or plumbing or electrical code, or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city, and with such other changes as may be desirable, by reference thereto, and such code upon adoption need not be published as required by section 27.5, if an adequate number of copies of such code either typewritten or printed with such changes, if any, shall have been filed for use and examination by the public in the office of the city clerk at least one week prior to the passage of the ordinance adopting the code. Notice of such filing shall be given by one publication in a newspaper in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in such city, at least one week prior to the passage of the ordinance adopting the code.
Sec. 29. Ordinances, Municipal Code. The city council shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code which code may, at the election of the council, have incorporated therein a copy of this act and such additional data as the council may prescribe. When such a publication is published, two copies shall be filed with the librarian of the law library of the State of Nevada, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city. The ordinances in such code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signatures of mayor, attestations and other formal parts. Such codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances and the only title necessary for such ordinance shall be An ordinance for codifying and compiling the general ordinances of the City of Caliente.
κ1957 Statutes of Nevada, Page 424 (CHAPTER 289, AB 305)κ
existing ordinances and the only title necessary for such ordinance shall be An ordinance for codifying and compiling the general ordinances of the City of Caliente. Such codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 30. Provisions for Execution of Powers. When power is conferred upon the city council to do and perform any act or thing, and the manner of exercising the same is not specifically pointed out, the city council may provide by ordinance the manner and details necessary for the full exercise of such power.
All actions brought to recover any fine or to enforce any penalty under any ordinance of the city shall be brought in the corporate name of the city as plaintiff; and no prosecution, recovery or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same person for any other violation of any such ordinance, although the different causes of action existed at the same time, and if united would not have exceeded the jurisdiction of a justice of the peace.
All fines and forfeitures for the violation of ordinances and all money collected for licenses or otherwise, shall be paid into the treasury of the city at such times and in such manner as may be prescribed.
Sec. 31. Punishment of Offenders. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom any fine or penalty shall be imposed, may, upon the order of the court, before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine, penalty and costs shall be fully paid.
The city council shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding eight hours each working day; and for such work the person so employed shall be allowed three dollars for each days work on account of such fine and costs. The council may provide for the formation of a chain-gang for persons convicted of offenses in violation of the ordinances of the city, and to safeguard and prevent their escape while being so employed.
Sec. 32. Concurrent Jurisdiction. Any constable or sheriff may serve any process or make any arrest authorized to be made by any officer of the city.
Sec. 33. Elections. The conduct and carrying on of all city elections shall be under the control of the council, which shall by ordinance provide for the holding of the same, appoint the necessary officers thereof and do all other and further things required to carry the same into effect.
1. Every person who resides within the exterior boundaries of said city at the time of holding any city election and whose name appears upon the official register of voters in and for said city, shall have the right to vote at each city election, whether regular or special, and for all officers to be voted for and on all questions that may be submitted to the people at any such general or special city elections, except as herein otherwise provided; and nothing herein shall be so construed as to deny or abridge the power of the council to provide for a supplemental registration as in this charter hereinbefore provided.
κ1957 Statutes of Nevada, Page 425 (CHAPTER 289, AB 305)κ
as to deny or abridge the power of the council to provide for a supplemental registration as in this charter hereinbefore provided.
2. The election returns from any city or special city election shall be filed with the city clerk, who shall immediately place the same in a safe or vault and no person shall be permitted to handle, inspect or in any manner interfere with the same until canvassed by the mayor and council. The mayor and council shall meet on the Tuesday following said election, or as soon thereafter as practicable and canvass the returns and declare the result. The election returns shall then be sealed up and kept by the city clerk for six months and no person shall have access thereto except on order of a court of competent jurisdiction, or by order of the council. The city clerk, under his hand and official seal, shall issue to each person declared to be elected, a certificate of election, on or before the first Monday of July next following their election and qualification as hereinbefore provided.
3. A contested election for any city office must be determined according to the law of the state regulating proceedings in contested elections in county offices.
Sec. 34. Appointive Officers: Terms of Office. The mayor, by and with the advice and consent of the council, may appoint all such officers and agents as may be herein provided by law or ordinance.
Except as otherwise provided by law or as otherwise provided in this act, the term of office of all appointive officers shall be at the pleasure of the city council.
Sec. 35. City Taxes. The council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax upon the assessed value of all real estate, and personal property within the city made taxable by law, and the tax 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 and provided in the revenue laws of the state for collection of state and county taxes; and the revenue laws of the state shall, in every respect not inconsistent with the provisions of this act, be deemed applicable and so held to the levying, assessing, and collecting of the city taxes; provided, that 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. And whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing, and collecting the state and county revenues shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The council shall enact all such ordinances as it may deem necessary and not inconsistent with this act and the laws of the state, for the prompt, convenient, and economical collecting of the city revenues.
Sec. 36. Revenue Ordinance. The council shall have full power to pass and enact all ordinances necessary or required to carry into effect the revenue laws in the city and to enlarge, fix, and determine the powers and duties of all officers in relation thereto.
Sec. 37. Expenses of Improving Streets, How Prorated. Such part of the expenses of improving any streets, lanes, avenues, or alleys by grading, paving, graveling, curbing, parking, constructing sidewalks or crosswalks, or otherwise improving the same, as the council shall determine may be paid from the general fund or district street fund, from the proper street district, or the said cost or a portion thereof as the council shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvement and such other lands as in the opinion of the council may be benefited by the improvement.
κ1957 Statutes of Nevada, Page 426 (CHAPTER 289, AB 305)κ
by grading, paving, graveling, curbing, parking, constructing sidewalks or crosswalks, or otherwise improving the same, as the council shall determine may be paid from the general fund or district street fund, from the proper street district, or the said cost or a portion thereof as the council shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvement and such other lands as in the opinion of the council may be benefited by the improvement. When the council shall determine to make any public improvement, such as laying pavements, constructing sewers, drains, sidewalks, and crosswalks, curbing, macadamizing, oiling, graveling, or grading any streets, avenues, or alleys or in any way improving the same, and shall determine to defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what amount shall be paid out of the general fund, district street fund or any other fund.
Sec. 38. When Portion is Paid From City Funds. When expense for such improvements or repairs shall be assessed, and there shall be lands belonging to the city or public ground not taxable, abutting on such improvements, such part of the expenses of such improvements as, in the opinion of the council would be justly apportionable to such public grounds and city property, and to any interior squares or spaces formed by the intersections of streets where the abutting property is taxable, shall be paid from the general fund or from the proper street or district street fund, or partly from each, as the council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvement or improved streets in proportion to their number of feet frontage; or, if the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. When such assessment, if, from the shape or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disportionate to the assessment upon other lots, the council may assess such lots for such number of feet frontage as in their opinion would be just.
Sec. 39. Municipal Buildings. The cost and expense of a city hall and other buildings for the use of the city and its officers, engine houses and structures of the fire department, water works, city prison, levees and embankments, including the necessary land for said purposes, shall be paid for from the proper general fund of the city, except that, in case of lands apportioned for streets and rights of way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed. Whenever, in the opinion of the council, the benefits thereof are special, rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessments upon the lands abutting upon or adjacent to or otherwise benefited by such improvements. Such special assessments may be made in the manner hereinafter specified.
κ1957 Statutes of Nevada, Page 427 (CHAPTER 289, AB 305)κ
Sec. 40. Special Assessment, Ordinances for. When the council shall determine to make any public improvements or repairs, in the laying of pavements or constructing sidewalks, or in any way improving the streets in the city, and shall determine to defray the whole or any part of the cost and expense thereof by special assessment, they shall so declare by ordinance stating the improvement and what part or portion of the expense thereof shall be paid by special assessment and what part, if any, has been or is proposed to be appropriated from the general fund of the city, or from the street fund or district street fund, and whether the assessment is to be made according to benefits or frontage and, in case the assessment is to be made according to benefits they shall by apt description designate the district including the lands to be assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and to state that the assessment is to be made upon all the lands benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis it shall be sufficient for said ordinance to so state and to define the location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district or the location that the various parts to be assessed can be ascertained and described by the city assessor.
Sec. 41. Estimates First To Be Had. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the council shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement, or work, or the location of the improvement, and of the district to be assessed, by publication for at least two weeks in some newspaper published in said city, or by posting notices of the same, in at least three public places in said city, one of such shall be in or near the post office of the city, and in addition by posting notices in three public places near the site of said proposed work. Said notices shall state the time when the council will meet and consider any suggestions and objections that may be made by parties in interest to the proposed improvements. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered and said notice shall so specify.
Sec. 42. Special Assessments. In all cases where the board of health or other officials of the city, or the city council are authorized to do, or cause to be done, certain things, the whole or any part of the cost of which may be properly defrayed by special assessment, and where special provisions for making the levy are not herein made, the council may cause sworn statements of the cost and location thereof to be made, and may refer the same to the assessor, and have the same assessed against such property.
Sec. 43. Any Cost Over Value of Property Paid by City. The cost and expense of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, assessments, and cost of construction.
κ1957 Statutes of Nevada, Page 428 (CHAPTER 289, AB 305)κ
and expense of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding the value of such lot or premises which would otherwise be chargeable upon said lot or premises, shall be paid from the general funds of the city. The council shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as part of such assessment.
Sec. 44. Must Be Advertised. No contract for doing the work or making the improvement contemplated herein shall be made or awarded, nor shall the council incur any expense or liability in relation thereto, except for plats, diagrams, estimates, and notices, until after the notice and hearing provided for herein shall have been given and had. But nothing herein contained shall be construed as preventing the council from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.
Sec. 45. Pro Rata Assessments. When a special assessment is to be made pro rata upon the lots or premises, in any special district, according to frontage or benefits, the council shall, by ordinance, direct such special assessment to be made by the assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises or the locality constituting the district to be assessed in fixing the amount or sum of money that may be required to pay the costs of improvement, the council need not necessarily be governed by the estimates of the costs of such improvement provided for herein, but the council may fix such other sum, within the limits prescribed, as they may deem necessary to cover the cost of such improvement.
Sec. 46. Assessment Roll. Upon the passage of such ordinance the assessor shall prepare an assessment roll, entering and describing therein all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon the amount to be assessed in the manner directed by the council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor, he shall, in lieu of the name of the owner, insert the word unknown; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated; but shall, in all respects, be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the owner thereof, and when the assessment roll shall have been approved, such assessment shall become a lien on such lot; parcel of land or premises, and be collected as provided by law. Such assessment so levied by the city assessor shall be entered in the general assessments, and the county auditor, acting as ex officio city auditor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting ex officio as city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the City of Caliente from collecting any special assessment by suit in the name of the City of Caliente; and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.
κ1957 Statutes of Nevada, Page 429 (CHAPTER 289, AB 305)κ
as ex officio city auditor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting ex officio as city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the City of Caliente from collecting any special assessment by suit in the name of the City of Caliente; and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.
If in any action for the collection of any assessment it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city and is a proper charge against the defendant, or the lot or the premises in question render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
Sec. 47. Frontage Assessments. If the assessment be made upon the basis of frontage, the assessor shall assess each lot or parcel of land with such relative portion of the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the assessor.
If the assessment is directed to be according to benefits, the assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement.
When the assessor shall have completed the assessment he shall report the same to the council. Such report shall be signed by him and made in the form of a certificate endorsed on the assessment roll as follows:
|
State of Nevada,
County of Lincoln |
} |
ss. |
To the city council of the City of Caliente: I hereby certify and report that the foregoing is the assessment roll, and assessment made by me pursuant to an ordinance of the council of said city, adopted (give date), for the purpose of paying that part of the cost which the council decided should be paid and borne by special assessment for paving ......................... street from .................. street to .................... street in said city, (as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment, conformed in all things to the direction contained in the ordinance of the council hereinbefore referred to.
κ1957 Statutes of Nevada, Page 430 (CHAPTER 289, AB 305)κ
conformed in all things to the direction contained in the ordinance of the council hereinbefore referred to.
..................................... Assessor.
Dated ..........................., Nevada, .......................... A.D. 19.........
When any expense shall be incurred by the city or in respect to any single lot, parcel of land or premises which, by the provisions of this act, the council is authorized to charge and collect as a special assessment against the same, and not being in that class of special assessment required to be made pro rata upon several lots or parcels of land, an account of the labor or services for which such expense was incurred, verified by the officer or person performing the services, or causing the same to be done, with a description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the council. And the provisions of the previous sections hereof, with reference to special assessments, shall not apply to the assessments to cover the expenses incurred, in respect to the class of improvements contemplated in this section.
Sec. 48. Council to Determine. The council shall determine what amount or part of every expense shall be charged as a special assessment and the premises upon which the same shall be levied; and as often as the council shall deem it expedient they shall require all of the several lots or premises chargeable therewith respectively to be reported by the city clerk to the assessor for assessment.
Sec. 49. Notice of Assessment To Be Published. Upon receiving the report mentioned in the preceding section the assessor shall make a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of such lots or premises respectively, and when completed he shall report the assessment roll to the council. When any special assessment shall be reported by the assessor to the council, as in this section directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment, the council shall cause notice to be published in the city at least twice after the filing of the same with the city clerk, and appointing a time when the council and assessor will meet to review the assessments.
Any person objecting to the assessment may file his objection thereto with the city clerk.
The notice provided for in this section may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
(Form of Notice)
Notice of Special Assessment
To..........................(insert the names of persons against whom the assessment appears) and to all persons interested, take notice:
That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the council decided should be paid and borne by special assessment for the (e. g., paving................street to ....................street in the City of Caliente) or (constructing a sewer on ......................
κ1957 Statutes of Nevada, Page 431 (CHAPTER 289, AB 305)κ
(constructing a sewer on ......................street between................ street and.....................street) or (as the case may be) is now on file at my office for public inspection. Notice is hereby given that the council and the assessor of the City of Caliente will meet in the........................room in the city on.....................(insert the date fixed upon) to review said assessment, at which time and place opportunity will be given all persons interested to be heard.
Date...................................................... ................................................. City Clerk.
Sec. 50. Assessment Corrected, How. At the time appointed for the purpose aforesaid the council and assessor shall meet and then or at some adjourned meeting review the assessments, and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide upon the same; and the council may correct the same as to any assessment or description of the premises appearing therein, and may confirm it as reported or as as corrected, or they may refer the assessment back to the assessor for revision, or annul it and direct a new assessment, in which case the assessment shall be made anew. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words:
Special assessment roll for the....................(describe fully what the assessment is for).......................approved by the council..................day of (month), 19.......
Dated.................................................... ............................................... , City Clerk.
Sec. 51. Assessment Roll, When Conclusive. When any special assessment roll is approved by the council it shall be final and conclusive. Said bill, when so endorsed by the city clerk shall be prima facie evidence in all courts and tribunals of the regularity of all proceeding preliminary to the making thereof and the validity of said assessment and assessment roll.
Sec. 52. Special Assessment, a Lien on Property. All special assessments shall from the date of approval thereof constitute a lien upon the respective lots or parcels of land assessed. Upon the approval of any assessment, the amount thereof may be divided into not more than sixty installments to be collected quarterly, at such time as the council may determine.
Sec. 53. All Special Assessments Due on Approval. All special assessments, except such installments thereof as the council shall make payable at a future time, as provided in the preceding section, shall be due and payable on approval.
Sec. 54. On Dividing Property, How Apportioned. On dividing property, should any lots of land be divided after a special assessment thereon shall have been approved and divided into installments and before the collection of the installments, the council may require the assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment, when approved, shall be conclusive of all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivisions.
Sec. 55. When Insufficient Deficit Paid by City. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
κ1957 Statutes of Nevada, Page 432 (CHAPTER 289, AB 305)κ
of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
Sec. 56. New Assessment, When. Whenever any special assessment shall, in the opinion of the council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the council shall, whether the improvement has been made or note, or whether any parts of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this act.
Sec. 57. Previous Payments, How Applied. Whenever any sum or part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of said premises.
Sec. 58. Special Assessment, How Enforced. When any special assessment shall be approved and payable, the council may direct the city clerk to report to the assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed as a tax in the general assessment roll next thereafter, to be made in a column for special assessments, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that at any time after the special assessment has become payable the same may be collected by suit in the name of the city in any court of competent jurisdiction. The special assessment roll and the certified ordinance or resolution approving the same shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.
Sec. 59. Irregularities, How Remedied. If in such action provided for in the preceding section it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
Sec. 60. Taxpayer Defined. A taxpayer within the meaning of this charter, shall be construed to be and include persons whose names appear on the official tax roll for the current or the year preceding that in which the elector offers to vote. The judges or officers of election shall have power, and it is hereby made their duty in all cases of special elections on bonds or franchises, to require of each person offering to vote thereat to show by the affidavit of such person that he possesses the qualifications prescribed; provided, that such judges or election officials may require further proofs for, as well as against, the right of any person to vote, when such right is challenged by a duly qualified elector.
κ1957 Statutes of Nevada, Page 433 (CHAPTER 289, AB 305)κ
of election shall have power, and it is hereby made their duty in all cases of special elections on bonds or franchises, to require of each person offering to vote thereat to show by the affidavit of such person that he possesses the qualifications prescribed; provided, that such judges or election officials may require further proofs for, as well as against, the right of any person to vote, when such right is challenged by a duly qualified elector.
Sec. 61. Publications, Where. All publications herein provided for shall be made in a newspaper of general circulation in the city; provided, however, the cost of publication shall not exceed the usual legal rates.
Sec. 62. Audit of City Books. The city council shall cause an audit or a check of the records and accounts of the city officers biannually or oftener at the discretion of said council. Said audit or check shall be made by a certified public accountant to be employed by the city council. Said accountant to be paid for his services from time to time as the same are rendered. It being the intent of this section to arrange for an auditor to review the accounting practices of the city offices from time to time, make recommendations where improvements can be made in order to maintain the records in line with accepted practices at a minimum of expense to the city, and to cause audits to be made when it is deemed advisable or necessary by the city council.
Sec. 63. Water, Sewer, and Electric Light and Power Revenue Bond Law of the City of Caliente.
A. Wherever used in this chapter, unless a different meaning clearly appears from the context, the term undertaking shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed; systems, plants, works, instrumentalities, and properties (1) used or useful in connection with the obtaining of water supply and the conservation, treatment and disposal of sewage, waste, and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, franchises, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations and equipment; and (2) used or useful in connection with the generation and transmittal of electricity for light and power for public and private uses, and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, reservoirs, generating stations, transmittal lines, and equipment.
B. In addition to the powers which it may now have, said city shall have power under this charter:
1. To acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any undertaking, wholly within or wholly without the city, or partially within and partially without the city, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;
2. To operate and maintain any undertaking for its own use and for the use of public and private consumers, and users within and without the territorial boundaries of the city;
κ1957 Statutes of Nevada, Page 434 (CHAPTER 289, AB 305)κ
for the use of public and private consumers, and users within and without the territorial boundaries of the city;
3. To prescribe, revise and collect rates, fees, tolls or charges for the services, facilities or commodities furnished by such undertaking, and in anticipation of the collection of the revenues of such undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking;
4. To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments or extensions theretofore and thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities and properties of the undertakings so improved, bettered, or extended) or of any part of such undertaking;
5. When determined by its city council to be in the public interest and necessary for the protection of the public health, to enter into and perform contracts, whether long term or short term, with any industrial or mining establishment for the provision and operation by the city of sewage facilities to abate or reduce the pollution of water caused by discharges of industrial or mining waste by the industrial or mining establishment and the payment periodically by the industrial or mining establishment to the city of amounts at least sufficient, in the determination of such city council, to compensation the city for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewage facilities serving such industrial or mining establishment.
6. And notwithstanding any provision of this chapter to the contrary or in conflict herewith, to accept contributions or loans from the United States of America, or any department, instrumentality or agency thereof, for the purpose of financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking; and
7. To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties or in order to secure the payment of its bonds; provided, no encumbrance, mortgage or other pledge of property of the city is created thereby; and provided, no property of the city is liable to be forfeited or taken in payment of said bonds; and provided, no debt on the credit of the city is thereby incurred in any manner for any purpose.
C. The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking and the issuance in anticipation of the collection of the revenues of such undertaking of bonds to provide funds to pay the cost thereof may be authorized by ordinance or resolution of the city council, which may be adopted at a regular meeting by a vote of a majority of the members elected to the city council; provided, however, that before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the city or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the city at a general or special election called for that purpose in the manner prescribed by the provisions of an act entitled, An act relating to bond elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 16, 1937, and being chapter 70 of the Nevada session laws of 1937.
κ1957 Statutes of Nevada, Page 435 (CHAPTER 289, AB 305)κ
be in any respect a valid obligation of the city or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the city at a general or special election called for that purpose in the manner prescribed by the provisions of an act entitled, An act relating to bond elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 16, 1937, and being chapter 70 of the Nevada session laws of 1937. It shall not be necessary, any provisions in this charter and the laws of the State of Nevada to the contrary notwithstanding, to submit at an election, in addition to the question of issuing bonds for any of the aforesaid purposes, a question for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking. The city council, in determining such cost, may include all cost and estimated cost of the issuance of such bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period, and for six months thereafter, on money borrowed or which it is estimated will be borrowed pursuant to this chapter.
D. Revenue bonds issued under this chapter shall bear interest at such rate or rates not exceeding five percent per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding the estimated life of the undertaking but in no event beyond thirty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide. Said bonds shall be issued to the contractor in payment for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking, including all incidental expenses, or said bonds shall be sold at not less than par. Said bonds may be sold at private sale to the United States of America or any agency, instrumentality, or corporation thereof. Unless issued to a contractor or sold to the United States of America or any agency, instrumentality, or corporation thereof, said bonds shall be sold at public sale after notice of such sale published once at least five days prior to such sale in a newspaper circulating in the city. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the city council may determine may be issued to the contractor or the purchaser or purchasers of bonds sold pursuant to this chapter. Said bonds and interim receipts or certificates shall be fully negotiable for all the purposes.
The city council may also provide in the ordinance or resolution authorizing the issuance of bonds under this chapter that the bonds, or such ones thereof as may be specified, shall to the extent and in the manner prescribe, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.
κ1957 Statutes of Nevada, Page 436 (CHAPTER 289, AB 305)κ
E. Said bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all persons whose signatures appear thereon shall have ceased to be officers of the city issuing the same. The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the undertaking for which said bonds are issued. The ordinance or resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
F. Any ordinance or resolution authorizing the issuance of bonds under this chapter, to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of an undertaking, may contain covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this chapter) as to:
(a) The rates, fees, tolls, or charges to be charged for the services, facilities and commodities of said undertaking;
(b) The use and disposition of the revenue of said undertaking;
(c) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof;
(d) The purpose or purposes to which the proceeds of the sale of said bonds may be applied and the use and disposition of such proceeds;
(e) Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on said bonds or on the coupons thereof;
(f) A fair and reasonable payment by the city to the account of said undertaking for the services, facilities of commodities furnished said city or any of its departments by said undertaking;
(g) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such undertaking;
(h) The insurance to be carried thereon and the use and disposition of insurance moneys;
(i) Books of account and the inspection and audit thereof;
(j) The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;
(k) The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations;
(l) The vesting in a trustee or trustees the right to enforce any covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed hereby;
κ1957 Statutes of Nevada, Page 437 (CHAPTER 289, AB 305)κ
enforce any covenants made under this chapter or duties imposed hereby;
(m) A procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;
(n) The manner of collecting the rates, fees, tolls, or charges for the services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking with the rates, fees, tolls, or charges for other services, facilities, or commodities afforded by the municipality; and the discontinuance of the services, facilities, or commodities afforded by the municipality, in the event that the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking are not paid. Nothing in this section or in any other section of this chapter shall be deemed in any way to authorize any city to do anything in any manner or for any purpose which would result in the creation or incurring of a debt or indebtedness or the issuance of any instrument which would constitute a bond or debt within the meaning of any provision, limitation, or restriction of the constitution relating to the creating or incurring of a debt or indebtedness or the issuance of an instrument constituting a bond or a debt.
G. Revenue bonds issued under this chapter shall not be payable from or charged upon any funds, other than the revenue pledged to the payment thereof, nor shall the city issuing the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the city, nor shall any such bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the city. Each bond issued under this chapter shall recite in substance that said bond, including the interest thereon, is payable solely from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the city within the meaning of any constitutional, statutory, or charter limitation.
H. In the event that the city shall default in the payment of the principal or interest of any of the bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the city or the city council or officers, agents or employees thereof shall fail or refuse to comply with the provisions of this chapter or shall default in any agreement made with the holders of the bonds, any holders of bonds, or trustees therefor, shall have the right to apply in an appropriate judicial proceeding to a state court of competent jurisdiction, or any other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.
κ1957 Statutes of Nevada, Page 438 (CHAPTER 289, AB 305)κ
Upon such application such state court may appoint, and if the application is made by the holders of twenty-five per centum (25%) in principal amount of such bonds then outstanding, or any trustee for holders of such bonds in such principal amount, shall appoint a receiver of the undertaking. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the undertaking and each and every part thereof, and may exclude the city, its city council, officers, agents, and employees and all persons claiming under them wholly therefrom, and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and in the name of the city or otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the city with respect to the undertaking as the city itself might do. Such receiver shall maintain, restore, insure, and keep insured, the undertaking, and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient, and shall establish, levy, maintain and collect such fees, tolls, rentals and other charges in connection with the undertaking as such receiver may deem necessary or proper and reasonable, and shall collect and receive all revenues and shall deposit the same in a separate account, and apply such revenues so collected and received in such manner as the court shall direct.
Whenever all that is due upon the bonds, and interest thereon, and upon any other notes, bonds or other obligations, and interest thereon, having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with bond holders shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, the court may in its discretion, and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the undertaking to the city, the same right of the holders of the bonds to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided. Such receiver shall, in the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.
I. Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power for the equal benefit and protection of all holders of bonds similarly situated:
(a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the city and its city council, and any of its officers, agents, or employees, and to require and compel such city or such city council, or any such officers, agents, and employees to perform and carry out its and their duties and obligations under this chapter, and its and their covenants and agreements with bondholders;
κ1957 Statutes of Nevada, Page 439 (CHAPTER 289, AB 305)κ
employees to perform and carry out its and their duties and obligations under this chapter, and its and their covenants and agreements with bondholders;
(b) By action or suit in equity to require the city and city council thereof to account as if they were the trustee of an express trust;
(c) By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of bondholders;
(d) Bring suit upon the bonds.
No right or remedy conferred by this chapter upon any holder of bonds, or any trustee therefor, is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law.
J. The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter shall not affect the powers conferred by any other general or special law or charter provision. The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended notwithstanding that any special or general law or charter provision may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of a like undertaking and without regard to the requirement, restrictions, debt, or other limitations or other provisions contained in any other general or special law or charter provision, including, but not limited to, any restriction of limitation on the incurring of indebtedness or the issuance of bonds. Insofar as the provisions of this chapter are inconsistent with the provisions of any other general or special law or charter provision, the provisions of this chapter shall be controlling, except as otherwise herein provided.
Sec. 64. Previous Ordinances to Govern. All ordinances and resolutions in force in the City of Caliente at the time this charter goes into effect shall continue in full force and effect until repealed or amended; provided such ordinances and resolutions do not conflict with the provisions of this charter.
Sec. 65. This act shall only become effective if within 21 days after the passage and approval of this act there is filed with the city clerk of the city of Caliente a petition bearing the signatures of not less than 20 percent of the qualified electors of such city praying that the proposition for the adoption or rejection of the charter appear upon the official ballot at the next municipal election. If such petition is filed the city council of the city of Caliente, now organized and existing under the provisions of chapter 266 of NRS, shall give notice by publication, in a newspaper published in Caliente, by at least one insertion 1 week immediately preceding the next municipal election to be held in Caliente on the 1st Tuesday after the 1st Monday in May, 1957, that at such election there will be placed upon the official ballot, in addition to the names of the candidates for election, the proposition for the adoption of this act in substantially the following terms: For the adoption of the charter and Against the adoption of the charter.
The city council shall authorize and direct that the above proposition appear upon the official ballot.
κ1957 Statutes of Nevada, Page 440 (CHAPTER 289, AB 305)κ
appear upon the official ballot. Following the election and canvass of the votes, if it is found that a majority of the electors have voted against the adoption of this charter, then the charter shall have been rejected, and the officers so elected shall then proceed to perform their duties under the provisions of chapter 266 of NRS and the city of Caliente shall continue to be organized and exist under the provisions of chapter 266 of NRS. If at the election and canvass it is found that a majority of the electors have voted for the adoption of this charter, the provisions of this act shall become effective and the officers so elected shall take and hold office pursuant to the provisions of section 7 of this act, and thereafter, by duly adopted resolution, declare the organization and existence of the city of Caliente under the provisions of this act as approved by a majority of the electors of the city.
________
Assembly Bill No. 356Washoe County Delegation
CHAPTER 290
AN ACT making an appropriation to the City of Reno, Nevada, for street paving, and installing curbs and gutters on North Wells Avenue from East Ninth Street north to Sadlier Way in the City of Reno, Washoe County, Nevada, abutting on the property of the University of Nevada.
[Approved March 28, 1957]
Whereas, The City of Reno, a municipal corporation located in Washoe County, Nevada, is providing for the improvement of certain streets in the City of Reno, by the paving of such streets and installing curbs and gutters, which improvements include that portion of North Wells Avenue from East Ninth Street north to Sadlier Way, abutting upon the property of the University of Nevada, and intends to pay for such improvements by special assessments against the property fronting or abutting on such streets; and
Whereas, Under the improvement program the improvements chargeable against the property of the University of Nevada will cost $10,005; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sum of $10,005 is hereby appropriated out of any moneys in the general fund in the state treasury not otherwise appropriated for the payment of paving and installing curbs and gutters outlined in the preamble hereof, and the state controller is hereby authorized and directed to draw his warrant in favor of the City of Reno for the sum of $10,005, and the state treasurer is hereby authorized and directed to pay the same upon the presentation of a duly authorized claim for such improvements being presented by the city council of the City of Reno and duly approved by the board of regents of the University of Nevada and by the state board of examiners.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 441κ
Assembly Bill No. 395White Pine County Delegation
CHAPTER 291
AN ACT to amend Title 25 of NRS relating to public organizations for community service by creating a new chapter relating to districts for the maintenance of certain television facilities; providing revenue therefor; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 25 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. It is hereby declared that the organization of television maintenance districts, having the purposes and powers provided in this chapter, will serve a public use and promote healthful recreation and public welfare of the inhabitants of the districts.
Sec. 3. Whenever a board of county commissioners shall receive the petition of a majority of the registered electors residing within a district in such county, definitely described in such petition, requesting that the district be organized as a television maintenance district, the board of county commissioners shall organize such television maintenance district as provided in this chapter.
Sec. 4. 1. A television maintenance district shall be managed by five trustees, appointed by the board of county commissioners from the electors residing therein; but if a majority of the resident electors shall, in their petition, designate the names of the trustees whom they shall desire to be appointed, the board of county commissioners shall appoint for the first term the persons so named.
2. The trustees shall hold office for 2 years, and their successors shall be appointed in the same manner as other appointments are made by the board of county commissioners.
Sec. 5. The trustees may hold property in trust for the district, and for that purpose may take property by grant, gift, devise or any other method, and may do all things proper or necessary for managing the affairs of the district.
Sec. 6. The trustees of the district shall maintain and operate the property of the district.
Sec. 7. The trustees of the district shall annually certify to the board of county commissioners the amount of money necessary to maintain the property of the district, and the board of county commissioners, at the time of levying county taxes, shall make an assessment against every television receiver operated within the district, which receiver is used to receive the television broadcasts supplied by the district, in an amount sufficient to raise the money required by the district. Such assessments shall be collected by the county assessor in the same manner as taxes are collected on unsecured personal property.
Sec. 8. The assessments collected, together with any other money received by the trustees of the district, shall be paid into the county treasury, and shall constitute a separate fund to be expended solely for the purposes of the district upon warrants signed by not less than two of the trustees of the district.
κ1957 Statutes of Nevada, Page 442 (CHAPTER 291, AB 395)κ
the purposes of the district upon warrants signed by not less than two of the trustees of the district.
Sec. 9. On or before the 1st Monday in August of each year, the trustees of the district shall report on the affairs of the district for the prior year to the board of county commissioners. Such report shall include an itemized and verified account of all receipts and disbursements by the district.
Sec. 10. This act shall become effective upon passage and approval.
________
Assembly Bill No. 389Mr. Parks
CHAPTER 292
AN ACT to amend NRS 387.125 relating to the apportionment of the state distributive school fund.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.125 is hereby amended to read as follows:
387.125 1. The state board of education shall establish uniform rules to be used in calculating the average daily attendance of pupils and the actual number of certified employees to which each school district is entitled for apportionment purposes. For making the apportionments now or hereafter authorized and directed to be made under the provisions of this Title of NRS, average daily attendance shall mean the 6 months of highest average daily attendance for the current school year.
2. Immediately after the state controller shall have made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school districts and joint school districts in the following manner:
(a) The minimum yearly requirements of each school district shall be determined, which requirements shall be the sum of:
(1) $4,000 per certified employee.
(2) $80 per pupil.
(3) $40 per kindergarten pupil.
(4) One-half of the cost of transportation during the previous year computed in a manner prescribed by the state board of education, but which computation shall not include the cost of purchase of new school buses. For the first year, one-half of the actual expenses during the preceding year shall be used, but if there was no actual expense for the prior year the budget estimate shall be used and adjustments made.
(5) $200 per handicapped child as defined in NRS 388.440.
(b) [From July 1, 1956, until July 1, 1957, the] The availability of local funds shall be determined, which local funds shall be the sum of the proceeds of the 70-cent local tax levied in accordance with the provisions of NRS 387.195 or 387.250 [. On and after July 1, 1957, the availability of local funds shall be determined,] and computed as provided in NRS 387.200 or 387.255, which local funds shall be the sum of:
κ1957 Statutes of Nevada, Page 443 (CHAPTER 292, AB 389)κ
the availability of local funds shall be determined,] and computed as provided in NRS 387.200 or 387.255, which local funds shall be the sum of:
(1) The proceeds of the 70-cent local tax, computed as provided in NRS 387.200 or 387.255 [.]; and
(2) [Forty percent of the receipts during the previous year from all federal funds for maintenance and operation paid because of the existence of federally owned, tax-exempt property within the school district.] That proportion of all moneys received by the school district under the provisions of Public Law 874, 81st Congress, approved September 30, 1950, as amended, during the previous year which the assessed valuation of taxable property per student in the school district bears to the average assessed valuation of taxable property per student in the state, as follows:
Percent Percent
90 to 100 of the state average per student assessed valuation.. 35
80 to 90 of the state average per student assessed valuation..... 30
70 to 80 of the state average per student assessed valuation..... 25
60 to 70 of the state average per student assessed valuation..... 20
50 to 60 of the state average per student assessed valuation..... 15
40 to 50 of the state average per student assessed valuation..... 10
30 to 40 of the state average per student assessed valuation..... 5
20 to 30 of the state average per student assessed valuation..... 0
(c) Apportionment computed on a yearly basis shall consist of the difference between the minimum yearly requirements as computed in paragraph (a) of this subsection and the local funds available as computed in paragraph (b) of this subsection, but no school district shall receive less than one-half of the minimum yearly requirements.
(d) Apportionments shall be paid quarterly at the times provided in NRS 387.120, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of certified employees and pupils and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. A final adjustment shall be made in the August apportionment of the succeeding year by adding or subtracting the difference between the amount paid in the previous year and the amount computed on the actual average daily attendance of the highest 6 months of the previous year, so that for any school year the adjusted amount paid shall be equal to, but shall not exceed, the sum computed for the highest 6 months of average daily attendance.
κ1957 Statutes of Nevada, Page 444 (CHAPTER 292, AB 389)κ
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.
________
Assembly Bill No. 119Committee on Banks, Banking and Corporations
CHAPTER 293
AN ACT to amend chapter 704 of NRS relating to regulation of public utilities by creating new provisions requiring and providing for approval of the public service commission of Nevada as a prerequisite to issuance of any security or assumption of liability on any security by a privately owned public utility; providing for the payment of any necessary costs incurred by the public service commission of Nevada in the administration of such new provisions; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, security means any note, stock, treasury stock, bond, debenture or other evidence of interest in or indebtedness of a person, firm or corporation.
Sec. 3. 1. No privately owned public utility organized under the laws of and operating in the State of Nevada shall issue any security, or assume any obligation as guarantor, endorser, surety or otherwise, in respect of any security of any other person, firm or corporation, unless and until, and only to the extent, authorized by a written order of the commission.
2. The provisions of subsection 1 shall not apply to the issue or renewal of, or assumption of liability on, a note or draft maturing not more than 1 year after the date of such issue, renewal or assumption of liability.
Sec. 4. 1. Upon receipt of an application for an order authorizing the issuance of any security or the assumption of any obligation in respect to any security of another, the commission may grant such application in whole or in part and with such modifications and upon such terms and conditions as it may find necessary or appropriate.
2. The commission may from time to time make such supplemental orders in the premises as it may find necessary or appropriate. Such supplemental order may modify the provisions of any previous order as to the particular purposes, uses, and extent to which, or the conditions under which, any security theretofore authorized or the proceeds thereof may be applied.
3. The commission shall not make any order or supplemental order granting any application hereunder unless it finds that such issue or assumption:
(a) Is for some lawful object, within the corporate purposes of the applicant and compatible with the public interest, which is necessary or appropriate for or consistent with the proper performance by the applicant of service as a public utility and which will not impair its ability to perform that service; and
κ1957 Statutes of Nevada, Page 445 (CHAPTER 293, AB 119)κ
applicant of service as a public utility and which will not impair its ability to perform that service; and
(b) Is reasonably necessary or appropriate for such purposes.
4. The commission shall not authorize the capitalization of the right to be a corporation or any franchise, permit, or contract for consolidation, merger, or lease in excess of the amount, exclusive of any tax or annual charge, actually paid as the consideration for such right, franchise, permit, or contract.
Sec. 5. No public utility shall, without the consent of the commission, apply any security or any proceeds thereof to any purpose not specified in the commissions order, or supplemental order, or to any purpose in excess of the amount allowed for such purpose in such order, or otherwise in contravention of such order.
Sec. 6. Nothing in sections 2 to 5, inclusive, shall be construed to imply any guarantee or obligation on the part of the State of Nevada in respect of any securities to which the provisions of such sections relate.
Sec. 7. All necessary expenses incurred by the commission in the administration of sections 2 to 6, inclusive, shall be charged against and collected from the public utility by the commission. All moneys collected by the commission pursuant to the provisions of this section shall be delivered to the state treasurer and by him carried into the fund appropriated for the general expenses of the commission.
Sec. 8. The provisions of sections 2 to 6, inclusive, shall not apply to any public utility engaged in interstate commerce if 5 percent or more of the operating revenues of such public utility are derived from interstate commerce.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 350Committee on Roads and Transportation
CHAPTER 294
AN ACT to amend NRS section 706.670 relating to certain motor vehicle carriers being exempt from regulation by the public service commission when operated wholly within corporate limits of any city or town.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.670 is hereby amended to read as follows:
706.670 1. None of the provisions of NRS 706.010 to 706.700, inclusive, shall apply to:
(a) Any motor vehicle operated wholly within the corporate limits of any city or town in the State of Nevada [.], but if the corporate limits of any such city or town shall be extended or changed to include within such corporate limits any route, area, public highway or terminus lawfully serviced, used or employed at the time of such extension or change of such corporate limits by any common or contract motor carrier of property or passengers, or taxicab motor carrier, to which a certificate of convenience and necessity, permit or license has been issued, the provisions of this chapter shall apply, while any such common carrier or taxicab motor carrier servicing, using or employing such route, area, public highway or terminus in accordance with such certificate, permit or license shall have and continue to have such certificate, permit or license or any renewal thereof, and shall not be in default of any payment for any license, or of any liability insurance policy, or certificate of insurance or bond provided by this chapter.
κ1957 Statutes of Nevada, Page 446 (CHAPTER 294, AB 350)κ
to which a certificate of convenience and necessity, permit or license has been issued, the provisions of this chapter shall apply, while any such common carrier or taxicab motor carrier servicing, using or employing such route, area, public highway or terminus in accordance with such certificate, permit or license shall have and continue to have such certificate, permit or license or any renewal thereof, and shall not be in default of any payment for any license, or of any liability insurance policy, or certificate of insurance or bond provided by this chapter.
(b) United States mail carriers operating star routes when not engaged in other business as a common or contract carrier.
(c) City or town draymen and private motor carriers of property operating within a 5-mile radius of the limits of a city or town.
(d) The transportation of livestock and farm products to market by the producer thereof, or such producers employee, or merchandise and supplies for his own use in his own motor vehicle.
(e) The transportation of children to and from school.
(f) The transportation of passengers in chartered motor vehicles on educational or sightseeing tours; but only five such trips shall be allowed any one person during any fiscal year.
(g) The transportation of a contractors own equipment in his own motor vehicle from job to job.
(h) The transportation of ore or minerals or mining supplies in the producers own vehicle; but only one vehicle having an unladened weight not exceeding 10,000 pounds shall be exempted for the transportation of ore or minerals or mining supplies. No exemption whatever shall be granted if the vehicle exceeds 10,000 pounds unladened.
(i) Any person engaged in transporting his own personal property in his own motor vehicle.
2. Any person who is a private carrier of property transporting his own goods, wares and merchandise, other than livestock or farm produce, or ore or minerals or mining supplies, in the producers own vehicle, being transported for the purpose of sale or resale, may secure a private carriers license at a rate of $25 per year, if the vehicle does not exceed 10,000 pounds unladened weight. Such fee shall be the only license fee required of such person, notwithstanding any other provision of NRS 706.010 to 706.700, inclusive, to the contrary; but only one such motor vehicle shall be permitted to be used by such person under the terms of this particular exemption, regardless of the number of his business branches located in the State of Nevada or elsewhere. Nothing in this subsection shall be construed as applying to tractor-trucks, trailers or semitrailers, but shall be deemed to apply to motor trucks and passenger cars.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 447κ
Assembly Bill No. 51Mr. Ryan
CHAPTER 295
AN ACT to amend NRS sections 616.125, 616.130, 616.135 and 616.140 relating to the Nevada industrial commission, limiting the business activities of the commissioners, changing the qualifications of the chairman, and increasing the salaries of the commissioners.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.125 is hereby amended to read as follows:
616.125 1. The Nevada industrial commission is hereby created.
2. The commission shall be composed of three commissioners, all appointed by the governor.
3. Each commissioner shall hold office for a term of 4 years from and after the date of his appointment, and until his successor shall be appointed and shall have qualified.
4. No commissioner shall serve on any committee of any political party.
5. No commissioner shall be actively engaged in any business interfering or inconsistent with his duties.
Sec. 2. NRS 616.130 is hereby amended to read as follows:
616.130 1. One of the commissioners shall be representative of labor and shall be selected by the governor for appointment from the individuals whose names are submitted to him, one by the Nevada State Federation of Labor affiliated with the American Federation of Labor, and one by the Congress of Industrial Organizations for the State of Nevada.
2. The annual salary of the commissioner representative of labor shall be [$6,600.] not less than $8,500 nor more than $10,000.
3. The present commissioner whose term expires on September 3, 1955, is hereby determined to be the representative of labor. The successor of the commissioner representative of labor shall be deemed to represent labor.
Sec. 3. NRS 616.135 is hereby amended to read as follows:
616.135 1. One of the commissioners shall be representative of employers and shall be selected by the governor for appointment from the individuals whose names are submitted to him by recognized associations and employer groups located in the state.
2. The annual salary of the commissioner representative of employers shall be [$6,600.] not less than $8,500 nor more than $10,000.
3. The present commissioner whose term expires on June 23, 1955, is hereby determined to be the representative of employers. The successor of the commissioner representative of employers shall be deemed to represent employers.
Sec. 4. NRS 616.140 is hereby amended to read as follows:
616.140 1. The third commissioner selected by the governor shall be the chairman. The appointee shall have not less than 5 years [experience as an insurance actuary] actuarial experience and shall have a degree of master of business administration or experience deemed equivalent to that degree.
κ1957 Statutes of Nevada, Page 448 (CHAPTER 295, AB 51)κ
have a degree of master of business administration or experience deemed equivalent to that degree.
2. The annual salary of the chairman shall be not less than $8,500 nor more than $15,000.
[3. The chairman shall not be financially interested in any business interfering or inconsistent with his duties.]
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 174Mr. Ryan
CHAPTER 296
AN ACT to amend an act entitled An Act to incorporate the city of North Las Vegas in Clark county, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, approved March 27, 1953, as amended.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of chapter I of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 393, is hereby amended to read as follows:
Section 2. The Annexation of Adjacent Territory; Manner of Procedure Of. Territory adjoining and contiguous to the corporate limits of the city of North Las Vegas may be annexed to said city upon application therefor in writing describing said territory by metes and bounds [,] or by other types of description, signed by a majority of persons residing within such territory [,] or by a majority of the freeholders of the territory proposed to be annexed, who are qualified to vote for members of the legislature of the State of Nevada, and who are taxpayers in the county of Clark, such petitioners to possess both of said qualifications. The term freeholders shall be liberally construed so as to include a corporation, company, association or partnership, as well as individuals, and any act required of or allowed by a freeholder may be done by an officer or agent of such corporation, company, association or partnership. Upon the filing of such petitions the board of councilmen shall cause to be given notice thereof by publication in a newspaper printed and published in said city at least once, and at least ten days prior to the meeting of said board, at which said petition may be acted upon. At such meeting the said board shall either accept or reject said petition and declare or refuse to declare annexed to said city the property described in said petition.
Sec. 2. Section 3 of chapter I of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 394, is hereby amended to read as follows:
Section 3. Wards. [The city of North Las Vegas shall consist of four wards for the purpose of convenience of holding elections, and all elective officers shall be elected from their respective wards.] If as a result of the election to be held in the city of North Las Vegas in May 1957, pursuant to the provisions of section 3 of chapter II, a majority of the qualified voters indicates its desire that the city councilmen be elected from wards rather than at large within the city, then prior to the election to be held in the city of North Las Vegas in May 1959, the city shall be divided into four wards for the purpose of convenience of holding elections, and at the election to be held in May 1959 and thereafter, all city councilmen shall be elected from their respective wards.
κ1957 Statutes of Nevada, Page 449 (CHAPTER 296, AB 174)κ
a result of the election to be held in the city of North Las Vegas in May 1957, pursuant to the provisions of section 3 of chapter II, a majority of the qualified voters indicates its desire that the city councilmen be elected from wards rather than at large within the city, then prior to the election to be held in the city of North Las Vegas in May 1959, the city shall be divided into four wards for the purpose of convenience of holding elections, and at the election to be held in May 1959 and thereafter, all city councilmen shall be elected from their respective wards. If as a result of the election to be held in May 1957, pursuant to the provisions of section 3 of chapter II, the majority of the qualified voters indicates its desire that the city councilmen not be elected from wards but from the city at large, then the city shall not be divided into wards, and at the election to be held in May 1959 and thereafter, all city councilmen shall be elected at large within the city.
Sec. 3. Section 3 of chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 395, is hereby amended to read as follows:
Section 3. Officers, Election of; Election, When and How Held; Councilmen. The elective officers of the city of North Las Vegas, consisting of the mayor, four councilmen and the municipal court judge, elected or appointed prior to the effective date of this amendatory act, shall go out of office and their terms shall expire on the Tuesday after the election to be held on the first Tuesday after the first Monday in May, 1957, it being the intention of this amendatory act to require the election of all elective officers in the manner hereinafter provided at the election to be held in May, 1957, notwithstanding the fact that such elective officers may have been elected or appointed to fill unexpired terms for periods of time extending beyond the Tuesday after the election to be held on the first Tuesday after the first Monday in May, 1957. On the first Tuesday after the first Monday in May, [1953,] 1957, and at each successive interval of four years, there shall be elected by the qualified voters of the city of North Las Vegas, at a general election to be held for that purpose, a mayor, in and for said city, who shall hold office for a period of four years, and until his successor shall have been elected and qualified. At said election on the first Tuesday after the first Monday in May, [1953,] 1957, there shall be elected by the qualified voters of the said city, four councilmen who have received the largest number of votes cast in [their respective wards] said city at such election; provided, however, that the two councilmen receiving the greatest percentage of votes in [their respective wards] the city shall hold office for a period of four years, and the remaining councilmen shall hold office for a period of two years, thus giving the city a mayor and two councilmen with a four-year term, and two councilmen with a two-year term. At the end of the two years, the two councilmen who run and are successfully elected shall have a term of office of four years, thereby creating a hold-over type of council. There shall also be elected at each biennial election one municipal court judge who shall be elected in the same manner as the mayor and council and who shall serve for a two-year period and until his successor shall have been elected and qualified, at such salary as may be fixed by the city council. In the event of any tie, the results shall be determined by lot. At the election to be held in the city on the first Tuesday after the first Monday in May 1957, in addition to the names of candidates for election as public officers of the city, there shall appear upon the ballot the question, in substantially the following form: Shall the city of North Las Vegas be divided into four wards for the purpose of convenience of holding elections and electing city councilmen from their respective wards?-
κ1957 Statutes of Nevada, Page 450 (CHAPTER 296, AB 174)κ
election to be held in the city on the first Tuesday after the first Monday in May 1957, in addition to the names of candidates for election as public officers of the city, there shall appear upon the ballot the question, in substantially the following form: Shall the city of North Las Vegas be divided into four wards for the purpose of convenience of holding elections and electing city councilmen from their respective wards?-Yes-No. If a majority of the qualified voters voting at the election in May 1957 is in favor of dividing the city into wards and electing city councilmen therefrom, the question shall have carried and, pursuant to section 3 of chapter I, prior to and at the election to be held in May 1959 and thereafter the city shall be divided into four wards for the purpose of convenience of holding elections, and at the election in May 1959 and thereafter all city councilmen shall be elected from their respective wards. If a majority of the qualified voters voting at the election in May 1957 is not in favor of dividing the city into wards and electing city councilmen therefrom, the question shall have failed and, pursuant to section 3 of chapter I, the city shall not be divided into wards and thereafter all city councilmen shall be elected at large within the city. On the first Tuesday after the first Monday in May, [1953,] 1959, and each successive interval of two years thereafter, there shall be elected in their respective wards, or the city at large as the case may have been determined by the results of the election held in May 1957, by the qualified voters of said city, two councilmen who shall hold office for four years and until their successors shall have been elected and qualified. The city council of said city shall order the general election, and shall determine the places in said city for the holding of same, and the mayor of said city shall make proclamation thereof, and otherwise said election and the manner of holding of the same shall be governed by the laws of the State of Nevada governing general elections so far as the same may be applicable thereto; and in the event there should be any failure on the part of the general election laws of the state to provide for some features of said city election in said city, the council of the city of North Las Vegas shall have the power to provide for such deficiency.
Sec. 4. Section 4 of chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 395, is hereby amended to read as follows:
Section 4. The city council may and they are hereby empowered to provide for the registration of electors for any and all city elections, both regular and special to provide for conducting all such elections, establishing election precincts and wards, if required as a result of the election held in May 1957, and changing the same, and appointing the necessary officers of election; provided, however, that they may, at their option, and without the enactment of ordinance, proceed in accordance with the provisions of the general election laws of the State of Nevada wherever the same can be made applicable.
Sec. 5. Section 18 of chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 401, is hereby amended to read as follows:
Section 18. Said city council so constituted shall have control and supervision over all of the departments of said city, and to that end shall have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management, and operation of all the departments of said city, whatever agencies may be created for the administration of its affairs.
κ1957 Statutes of Nevada, Page 451 (CHAPTER 296, AB 174)κ
shall have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management, and operation of all the departments of said city, whatever agencies may be created for the administration of its affairs. The mayor shall designate from among the councilmen, at the first meeting of the council after their election and qualifications, at each election, or as soon thereafter as may be practicable, one councilman who shall be known as police and fire councilman, who shall be the executive officer of his department and who has under his special charge the enforcement of all police regulations of said city, and [who shall have the power to employ policemen and to discharge them at any time when in his discretion such action will improve the service, and] to exercise any power and control over said department that he may deem necessary for the improvement of the service in said department; and who shall have general supervision over the fire department and [the power to employ firemen and to discharge them at any time when, in his discretion, such action will improve the service, and] to exercise any power and control over said department; provided, however, his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule and regulation put in force by the councilmen; and one councilman to be known as councilman of streets, lights, and public property, who shall have under his special charge the supervision of streets, alleys, public grounds, and property of said city, and be charged with the duty of keeping the streets and alleys, public grounds and property clean and in a sanitary condition, and with the enforcement of all rules and regulations necessary to these ends; and one councilman to be known as the councilman of sewerage and water, who shall be the executive officer of his department and who shall see to the enforcement of all rules and regulations with respect to said departments, and be charged with the duty of keeping the waterworks in working condition and developing the same, and shall see that all contracts of the grant of any franchise privileges are faithfully complied with, and performed; provided, however, that his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the city council; and one councilman known as the councilman of finance and revenue, who shall be the executive officer of his department, and who shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to said city, from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of the city; it being the purpose of this act to charge each councilman in control of the department with its management, and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time when in his discretion it is for the best interests of the service in any department under the special charge of any councilman to recall the appointment of such councilman and designate another councilman as a supervisor over another department.
Sec. 6. Section 33 of chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 409, is hereby amended to read as follows:
κ1957 Statutes of Nevada, Page 452 (CHAPTER 296, AB 174)κ
chapter 283, Statutes of Nevada 1953, at page 409, is hereby amended to read as follows:
Section 33. The said city council shall have the following powers:
1. To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said council may deem proper; provided, that the punishment of any offense shall be by fine not to exceed three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
2. To control the finances and property of the corporation.
3. To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. To borrow money on the credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the council shall determine; and the said council may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds to an amount in excess of 60 percent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or within its limits as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip, or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 2 percent of the assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring water, light and heat. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The city council shall have the power to acquire or establish any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in said manner. The city council shall issue a proclamation which shall set forth briefly the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the council and mayor, or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest, and time within which redeemable and on what fund. Such proclamation shall be published in full at least once a week for four consecutive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said council will pass an ordinance providing for said bond issue. At the first regular meeting of the council, or any adjournment thereof, after the completion of said publication, the council shall proceed to enact an ordinance for such purpose, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said council signed by not less than 10 percent of the qualified electors of the said city as shown by the last preceding registration list and representing not less than 5 percent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said 10 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed; then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast as per paragraph 6, section C.
κ1957 Statutes of Nevada, Page 453 (CHAPTER 296, AB 174)κ
first regular meeting of the council, or any adjournment thereof, after the completion of said publication, the council shall proceed to enact an ordinance for such purpose, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said council signed by not less than 10 percent of the qualified electors of the said city as shown by the last preceding registration list and representing not less than 5 percent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said 10 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed; then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast as per paragraph 6, section C. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said council pursuant to a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said council at any time prior to the date of meeting set in said published notice.
6. Water, sewer, and electric light and power revenue bond law of North Las Vegas.
Section A. That wherever used in this chapter, unless a different meaning clearly appears from the context, the term undertaking shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: systems, plants, works, instrumentalities, and properties (1) used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses; (2) used or useful in connection with the collection, treatment and disposal of sewage, waste, and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations, and equipment; and (3) used or useful in connection with the generation and transmittal of electricity for light and power for public and private uses, and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, reservoirs, generating stations, transmittal lines, and equipment.
Section B. In addition to the powers which it may now have, said city shall have power under this chapter:
1. To acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any undertaking, wholly within or wholly without the city, or partially within and partially without the city, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;
κ1957 Statutes of Nevada, Page 454 (CHAPTER 296, AB 174)κ
partially within and partially without the city, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;
2. To operate and maintain any undertaking for its own use and for the use of public and private consumers, and users within and without the territorial boundaries of the city;
3. To prescribe, revise and collect rates, fees, tolls or charges for the services, facilities or commodities furnished by such undertaking, and in anticipation of the collection of the revenues of such undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking;
4. To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments or extension theretofor and thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities and properties of the undertakings so improved, bettered, or extended) or of any part of such undertaking;
5. When determined by its city council to be in the public interest and necessary for the protection of the public health, to enter into and perform contracts, whether long term or short term, with any industrial or mining establishment for the provision and operation by the city of sewage facilities to abate or reduce the pollution of water caused by discharges of industrial or mining waste by the industrial or mining establishment and the payment periodically by the industrial or mining establishment to the city of amounts at least sufficient, in the determination of such city council, to compensate the city for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewerage facilities serving such industrial or mining establishment.
6. And notwithstanding any provision of this chapter to the contrary or in conflict herewith, to accept contributions or loans from the United States of America, or any department, instrumentality or agency thereof, for the purpose of financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking; and
7. To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties or in order to secure the payment of its bonds; provided, no encumbrance, mortgage or other pledge of property of the city is created thereby; and provided, no property of the city is liable to be forfeited or taken in payment of said bonds; and provided, no debt on the credit of the city is thereby incurred in an manner for any purpose.
Section C. The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking and the issuance in anticipation of the collection of the revenues of such undertaking of bonds to provide funds to pay the cost thereof may be authorized under this chapter by ordinance or resolution of the city council, which may be adopted at a regular meeting by a vote of a majority of the members elected to the city council; provided, however, that before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the city or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the city at a general or special election called for that purpose in the manner prescribed by the provisions of [an act entitled, An act relating to bond elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 16, 1937, and being chapter 70 of the Nevada session laws of 1937.]
κ1957 Statutes of Nevada, Page 455 (CHAPTER 296, AB 174)κ
under this chapter by ordinance or resolution of the city council, which may be adopted at a regular meeting by a vote of a majority of the members elected to the city council; provided, however, that before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the city or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the city at a general or special election called for that purpose in the manner prescribed by the provisions of [an act entitled, An act relating to bond elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 16, 1937, and being chapter 70 of the Nevada session laws of 1937.] NRS 350.010 to 350.200, inclusive. It shall not be necessary, any provisions in this charter and the laws of the State of Nevada to the contrary notwithstanding, to submit at an election, in addition to the question of issuing bonds for any of the aforesaid purposes, a question for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking. The city council, in determining such cost, may include all cost and estimated cost of the issuance of such bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period, and for six months thereafter, on money borrowed or which it is estimated will be borrowed pursuant to this chapter.
Section D. Revenue bonds issued under this chapter shall bear interest at such rate or rates not exceeding five per centum (5%) per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding the estimated life of the undertaking but in no event beyond thirty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide. Said bonds shall be issued to the contractor in payment for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking, including all incidental expenses, or said bonds shall be sold at not less than par. Said bonds may be sold at private sale to the United States of America or any agency, instrumentality, or corporation thereof. Unless issued to a contractor or sold to the United States of America or any agency, instrumentality, or corporation thereof, said bonds shall be sold at public sale after notice of such sale published once at least five days prior to such sale in a newspaper circulating in the city. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the city council may determine may be issued to the contractor or the purchaser or purchasers of bonds sold pursuant to this chapter. Said bonds and interim receipts or certificates shall be fully negotiable for all the purposes.
The city council may also provide in the ordinance or resolution authorizing the issuance of bonds under this chapter that the bonds, or such ones thereof as may be specified, shall, to the extent and in the manner prescribed, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.
κ1957 Statutes of Nevada, Page 456 (CHAPTER 296, AB 174)κ
authorizing the issuance of bonds under this chapter that the bonds, or such ones thereof as may be specified, shall, to the extent and in the manner prescribed, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.
Section E. Said bonds bearing the signatures of officers in office of the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon shall have ceased to be officers of the city issuing the same. The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the undertaking for which said bonds are issued. The ordinance or resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
Section F. Any ordinance or resolution authorizing the issuance of bonds under this chapter, to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of an undertaking, may contain covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this chapter) as to:
(a) The rates, fees, tolls, or charges to be charged for the services, facilities and commodities of said undertaking;
(b) The use and disposition of the revenue of said undertaking;
(c) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof;
(d) The purpose or purposes to which the proceeds of the sale of said bonds may be applied and the use and disposition of such proceeds;
(e) Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on said bonds or on the coupons thereof;
(f) A fair and reasonable payment by the city to the account of said undertaking for the services, facilities or commodities furnished said city or any of its departments by said undertaking;
(g) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such undertaking;
(h) The insurance to be carried thereon and the use and disposition of insurance moneys;
(i) Books of account and the inspection and audit thereof;
(j) The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;
κ1957 Statutes of Nevada, Page 457 (CHAPTER 296, AB 174)κ
(k) The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations;
(l) The vesting in a trustee or trustees the right to enforce any covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed hereby;
(m) A procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;
(n) The manner of collecting the rates, fees, tolls, or charges for the services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking with the rates, fees, tolls, or charges for other services, facilities, or commodities afforded by the municipality; and the discontinuance of the services, facilities, or commodities of the undertaking, as well as any other services, facilities or commodities afforded by the municipality, in the event that the rates, fees, tolls or charges for the services, facilities or commodities of the undertaking are not paid. Nothing in this section or in any other section of this chapter shall be deemed in any way to authorize any city to do anything in any manner or for any purpose which would result in the creation or incurring of a debt or indebtedness or the issuance of any instrument which would constitute a bond or debt within the meaning of any provision, limitation, or restriction of the constitution relating to the creating or incurring of a debt or indebtedness or the issuance of an instrument constituting a bond or a debt.
Section G. Revenue bonds issued under this chapter shall not be payable from or charged upon any funds, other than the revenue pledged to the payment thereof, nor shall the city issuing the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the city, nor shall any such bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the city. Each bond issued under this chapter shall recite in substance that said bond, including the interest thereon, is payable solely from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the city within the meaning of any constitutional, statutory, or charter limitation.
Section H. In the event that the city shall default in the payment of the principal or interest of any of the bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the city or the city council or officers, agents or employees thereof shall fail or refuse to comply with the provisions of this chapter or shall default in any agreement made with the holders of the bonds, any holders of bonds, or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to a state court of competent jurisdiction, or any other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.
κ1957 Statutes of Nevada, Page 458 (CHAPTER 296, AB 174)κ
such default shall continue for a period of thirty days, or in the event that the city or the city council or officers, agents or employees thereof shall fail or refuse to comply with the provisions of this chapter or shall default in any agreement made with the holders of the bonds, any holders of bonds, or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to a state court of competent jurisdiction, or any other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.
Upon such application such state court may appoint, and if the application is made by the holders of twenty-five per centum (25%) in principal amount of such bonds then outstanding, or any trustee for holders of such bonds in such principal amount, shall appoint a receiver of the undertaking. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the undertaking and each and every part thereof, and may exclude the city, its city council, officers, agents, and employees and all persons claiming under them wholly therefrom, and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and in the name of the city or otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the city with respect to the undertaking as the city itself might do. Such receiver shall maintain, restore, insure, and keep insured, the undertaking, and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient, and shall establish, levy, maintain and collect such fees, tolls, rentals, and other charges in connection with the undertaking as such receiver may deem necessary or proper and reasonable, and shall collect and receive all revenues and shall deposit the same in a separate account, and apply such revenues so collected and received in such manner as the court shall direct.
Whenever all that is due upon the bonds, and interest thereon, and upon any other notes, bonds or other obligations, and interest thereon, having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with bond holders shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, the court may in its discretion, and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the undertaking to the city, the same right of the holders of the bonds to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided. Such receiver shall, in the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.
κ1957 Statutes of Nevada, Page 459 (CHAPTER 296, AB 174)κ
appropriate for the exercise by the receiver of any functions specifically set forth herein.
Section I. Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power for the equal benefit and protection of all holders of bonds similarly situated:
(a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the city and its city council, and any of its officers, agents, or employees, and to require and compel such city or such city council, or any such officers, agents, and employees to perform and carry out its and their duties and obligations under this chapter, and its and their covenants and agreements with bondholders;
(b) By action or suit in equity to require the city and city council thereof to account as if they were the trustee of an express trust;
(c) By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders;
(d) Bring suit upon the bonds.
No right or remedy conferred by this chapter upon any holder of bonds, or any trustee therefor, is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law.
Section J. The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter shall not affect the powers conferred by any other general or special law or charter provision. The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended notwithstanding that any special or general law or charter provision may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of a like undertaking and without regard to the requirement, restrictions, debt, or other limitations or other provisions contained in any other general or special law or charter provision, including, but not limited to, any restriction or limitation on the incurring of indebtedness of the issuance of bonds. Insofar as the provisions of this chapter are inconsistent with the provisions of any other general or special law or charter provision, the provisions of this chapter shall be controlling, except as otherwise herein provided.
7. To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.
8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of licenses and terms and manner of their issuance.
κ1957 Statutes of Nevada, Page 460 (CHAPTER 296, AB 174)κ
10. To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or in part within the city, including all theatres, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells, or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products, of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.
To prohibit and suppress all dogfights, prize fights, cockfights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions such as music or otherwise.
To fix, impose and collect a license tax of street cars, telephones, gas meters, electric meters, water meters, or any other similar device for measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.
To fix, impose and collect a license tax on and regulate all lawful professions, trades and callings, and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughterhouses, wood and fuel dealers, sewing-machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls, or other mechanical devices, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors, or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any kind and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry-goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drugstores, undertakers, glass and crockery stores, tamale stands or shops, abstract or title companies or persons furnishing abstract of title, iron works, notion and notion shops, pipe and tobacco shops, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said council may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
κ1957 Statutes of Nevada, Page 461 (CHAPTER 296, AB 174)κ
surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls, or other mechanical devices, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors, or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any kind and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry-goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drugstores, undertakers, glass and crockery stores, tamale stands or shops, abstract or title companies or persons furnishing abstract of title, iron works, notion and notion shops, pipe and tobacco shops, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said council may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
11. To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles, and all automobiles, taxicabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses.
12. To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
13. To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.
κ1957 Statutes of Nevada, Page 462 (CHAPTER 296, AB 174)κ
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.
19. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same free from snow or obstructions.
20. To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.
21. To regulate and prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, sign posts, awnings, poles for support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.
22. To regulate or prevent the flying or flags, banners, or signs, across the street, or from buildings.
23. To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
24. To regulate the speed of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues, and public places.
25. To regulate or prohibit any public demonstrations and processions.
26. To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues, and public places.
27. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams of horses.
28. To regulate the ringing of bells, blowing of horns, bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the street or sidewalks.
29. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
30. To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks, streetcar tracks, and connecting and terminal tracks.
κ1957 Statutes of Nevada, Page 463 (CHAPTER 296, AB 174)κ
city or other public places therein, railroad tracks, streetcar tracks, and connecting and terminal tracks.
31. To declare a nuisance to take up and remove, or cause to be taken up and removed, the tracks of any railway, which shall have been laid upon, in, along, through or across any of the streets, alleys, avenues, or public places of the city and which shall not have been operated continuously with cars for public use for a period of one year after the laying thereof.
32. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossing of streets, alleys, avenues, and public places, and keep the same in repair within the limits of the city.
33. To require railroad companies to provide protection against injury to persons or property, to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such track may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.
34. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
35. To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
36. To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or associations, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of the said city.
37. To provide for the lighting of the streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of gas, natural gas and electric and other lights and electric power.
38. To construct and maintain water works, gas works, electric light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
39. To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
40. To regulate and control the water and watercourses, ditches, flumes, within or leading to the city, and to regulate and control mill privileges within the city.
κ1957 Statutes of Nevada, Page 464 (CHAPTER 296, AB 174)κ
41. To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or public purposes; and to prevent all waste of water, and, if necessary, to secure said sources of water supply to purchase or lease the land from or upon which said water has been appropriated or applied. Also to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.
42. To fix the rate to be paid for the use of water furnished by the city [.] , such rate to be fixed in accordance with the provisions of this act.
43. To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
44. To regulate the construction, repair and use of vats, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifications shall be had by persons following said trade.
45. To establish markets and market-houses, and to provide for the regulation and use thereof.
46. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
47. To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.
48. To provide for the inspection, measurement, or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
49. To provide for the inspection and sealing of weights and measures.
50. To enforce the keeping and use of proper weights and measures by vendors.
51. To provide for and regulate the inspection of malt, vinous, fermented, and spirituous liquors.
52. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
53. To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, hide or junk warehouses, soap factories, foundries, breweries, distilleries, livery stables and blacksmith shops in, or within one mile of the limits of, the corporation.
κ1957 Statutes of Nevada, Page 465 (CHAPTER 296, AB 174)κ
54. To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pigsty, barn, corral, sewer or other unwholesome house or place, to cleanse, abate, or remove the same, and to regulate the location thereof.
55. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporation limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
56. To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
57. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons, and others for default therein.
58. To provide for the burial of the indigent dead and to pay the expenses thereof.
59. To authorize the taking and to provide for safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.
60. To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
61. To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
62. To prescribe the manner of constructing stone, brick, and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
κ1957 Statutes of Nevada, Page 466 (CHAPTER 296, AB 174)κ
63. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.
63 1/2. To adopt a building code regulating the construction, erection, enlargement, raising, alteration, repair, removal, maintenance, use, and height of buildings, including all plumbing and electric wiring therein and connected therewith, regulating the character and use of material in and for buildings, the nature and extent of occupancy of lots by proposed buildings, the restriction of building lines with reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zone, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction and which application shall be subject to approval or rejection or limited or provisional approval in the discretion of said city council if not fully complying with said building code, and providing in greater detail each, any, or all of the matters and things described in subsections 61, 62 and 63 of said section 33 of chapter 2 of said act; provided, however that said building code may be adopted by resolution of said city council and thereafter amended, changed, enlarged, or extended by resolution of said council, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for such purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said council shall cause a brief notice of such adoption to be published at least twice in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said council requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
64. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
65. To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
66. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.
κ1957 Statutes of Nevada, Page 467 (CHAPTER 296, AB 174)κ
67. Except as otherwise provided by law to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the council may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
68. To provide for the inspection and to regulate the use of steam-boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.
69. To prohibit cruelty to animals.
70. To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound keeper, and prescribe his duties, and to restrain and impound animals running at large, and to provide for the sale of the same. The proceeds arising from the sale of such animals after the payment of all costs, shall go to the city treasury to be disposed of according to law.
71. To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the council may deem proper.
72. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
73. To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants and persons found in said city without visible means of support or some legitimate business.
74. To prevent intoxication, fighting, quarreling, dogfights, cockfights, prize fights, bullfights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled is obtained by false pretense does not exceed in value the sum of [fifty] one hundred dollars.
75. To regulate and prohibit the carrying of concealed weapons.
76. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
κ1957 Statutes of Nevada, Page 468 (CHAPTER 296, AB 174)κ
for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
77. To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; and also to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.
78. To provide for and regulate the numbering of houses and lots.
79. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the council shall not have the power to mortgage hypothecate, or pledge any property of the city for any purpose.
80. To erect, lease, acquire, and maintain all needful buildings for the use of the city.
81. The city council shall have the power to condemn property for public use.
82. To declare by ordinance that any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the city of North Las Vegas whenever such offense is committed within the boundaries of said city.
83. To issue or deny licenses for gaming houses or gaming games and bars, saloons, or any other place or places where alcoholic beverages are sold, and to suspend or revoke any such licenses issued when there is, in the judgment of the majority of the city council, sufficient reason for such suspension or revocation.
Sec. 7. The above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 393, is hereby amended by adding thereto a new section to be designated as section 33.3 of chapter II, which shall immediately follow section 33.2 and shall read as follows:
Section 33.3. 1. Notwithstanding that by the provisions of section B of subsection 6 of section 33 of this act the city council has the power to prescribe, revise and collect rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally-operated or municipally-owned utility or undertaking, and notwithstanding any provision of this act to the contrary or in conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally-operated or municipally-owned utility or undertaking shall be prescribed, revised, amended, altered, increased or decreased without the procedure set forth in this section first being followed.
2. There shall be filed with the city clerk schedules of rates, fees, tolls or charges which shall be open to public inspection, showing all rates, fees, tolls or charges which the city has established and which are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the city.
κ1957 Statutes of Nevada, Page 469 (CHAPTER 296, AB 174)κ
are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the city.
3. No changes shall be made in any schedule except upon 30 days notice to the inhabitants of the city and a public hearing held thereon. Notice of such proposed change shall be given by at least two publications in a newspaper published in the city during the 30-day period prior to the hearing thereon.
4. At the time set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.
5. Every utility operated by the city shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, shall be just and reasonable.
Sec. 8. The above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 393, is hereby amended by adding thereto a new section to be designated as section 80.1 of chapter II, which shall immediately follow section 80 and shall read as follows:
Section 80.1. 1. There is hereby created a department of civil service of the city of North Las Vegas, applicable to and governing all employees of the city except department heads, the city clerk, the city attorney, any city manager, and any elected officer.
2. The department of civil service shall be under the control and management of a board of five trustees appointed by the mayor, subject to ratification by the city council. The board of trustees shall be known and designated as the board of civil service trustees.
3. The board of civil service trustees shall keep a record of its proceedings and transactions, and shall provide and prepare rules and regulations for the administration of such civil service and shall recommend the same for adoption by the city council. The rules and regulations may be adopted and published in the form of an ordinance and in the manner prescribed by law. The rules and regulations adopted shall be published in booklet form and a copy made available to each employee whose employment is subject thereto. The rules and regulations may be amended in the same manner as ordinances are amended, but any subsequent amendments to the rules and regulations, if the same do not originate with the board, shall be referred to the board of civil service trustees, and a hearing held thereon by the board prior to adoption by the city council. All rules and regulations adopted shall be consistent with the provisions of this act.
4. Such rules and regulations shall provide for the following matters in addition to such others as may be necessary and proper in carrying out the intent and purposes of this act:
(a) The classification of all persons employed by the city of North Las Vegas, except department heads, the city clerk, the city attorney, any city manager, and any elected officer.
(b) The selection, employment, advancement, suspension, demotion and discharge of all such employees.
(c) The holding of free, open competitive examinations, and the administering of other suitable tests to test fairly the relative capacity of the persons examined to discharge the duties of the position to which they seek to be appointed.
κ1957 Statutes of Nevada, Page 470 (CHAPTER 296, AB 174)κ
administering of other suitable tests to test fairly the relative capacity of the persons examined to discharge the duties of the position to which they seek to be appointed.
(d) The public advertising of all entrance examinations.
(e) A period of probation of 6 months before an appointment or promotion is made complete, during which period a probationer may be discharged with the consent of the board of civil service trustees if it is an appointment probation, or reduced if a promotion probation by the appointing power without the right of appeal if, during the performance test, the appointing power deems him unfit for satisfactory service.
5. A record of all examinations and appointments shall be kept by the city clerk or city manager from the list of those persons who have taken examinations for such positions, and such appointment must be made from the three persons holding the highest ratings on such list.
6. No police officer shall be appointed if he has a previous record of brutality or excessive use of force while engaged in the functions of a peace officer, which brutality or excessive use of force resulted in his discharge or termination from previous employment.
7. No person in the civil service shall be removed from or discharged from his position except for cause, which shall be stated in writing to the board of civil service, trustees by the appointment power, and a copy of such statement shall be served upon the person to be removed or discharged. At any time within 15 days after the filing with the board of civil service trustees of such statement, the board may on its own motion, and must on application of the discharged employee, inquire into such removal or discharge. If in its judgment such removal or discharge was without justification and the employee removed or discharged is a fit and competent person to retain his position, he shall be reinstated and restored and shall be entitled to receive compensation during the period of his suspension and pending such hearing and reinstatement.
8. In any such hearing conducted by the board of civil service trustees, the board shall have the power to examine witnesses under oath, compel their attendance and the production of evidence before it by subpenas issued in the name of the state and attested by the city clerk.
9. To the end that no undue hardships may be worked upon any officer or employee of the city who shall have attained a certain grade, rank or position as a result of continuous service, all officers and employees who have been in the employ of the city for more than 6 months immediately prior to the passage and approval of this amendatory act shall be credited by the board of civil service trustees with a qualified mark, both mental and physical, and entrance to the civil service of the city, and to the position, grade or rank held by such officers and employees at the time of the enactment of this amendatory act.
10. Any duly appointed trustee holding office at the time of enactment of this amendatory act shall continue in his position for the term for which he has been appointed unless earlier removed for cause.
11. The city council may by ordinance adopt such further rules and regulations not in conflict with this section as may be necessary for the complete and efficient operation of the civil service department of the city.
κ1957 Statutes of Nevada, Page 471 (CHAPTER 296, AB 174)κ
and regulations not in conflict with this section as may be necessary for the complete and efficient operation of the civil service department of the city.
Sec. 9. Section 16 of chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 401, is hereby amended to read as follows:
Section 16. Vacancy in Office; Resignation; Election of Successors. Resignation by the mayor or any other charter officer created by this act, shall be made in writing to the city council for their action thereupon. In case of the removal of the domiciles of the mayor or any councilman or any other charter officer from the territorial limits of said city, such removal shall ipso facto be deemed to create a vacancy in his office. In case of any vacancy from any cause in the office of mayor [or], any councilman, or the municipal court judge, the same shall be filled [for the unexpired term by a majority vote of the remaining members of the city council.] by appointment by the city council, which appointment shall expire at the next city general election and upon the qualification of the appointees successor, at which election such officer shall be chosen for the balance of the unexpired term.
Sec. 10. This act shall become effective upon passage and approval.
________
Assembly Bill No. 261Mr. Pozzi
CHAPTER 297
AN ACT to amend NRS section 482.225 relating to the collection of the use tax on vehicles purchased outside the state upon application for registration in this state.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.225 is hereby amended to read as follows:
482.225 1. Whenever application shall be made to the department for registration of a vehicle purchased outside the state and not previously registered within this state, the county assessor, as a deputy of the department, shall [ascertain to the best of his ability whether use tax thereon is due to the State of Nevada, and, if so,] make a determination of the liability for use tax on such vehicle, and, if the registrant or owner of the vehicle is found to be liable for such use tax, collect such tax and remit the same to the Nevada tax commission.
2. If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of such vehicle, it shall be presumed that such vehicle was purchased for use within the state, and the county assessor, as a deputy of the department, shall collect such tax and remit the same to the Nevada tax commission.
3. Upon the failure or refusal by the registrant or owner to pay such tax, the county assessor, as a deputy of the department, shall refuse to register the vehicle.
κ1957 Statutes of Nevada, Page 472 (CHAPTER 297, AB 261)κ
4. If the taxpayer can controvert such presumption of purchase for use in this state, he must pay the tax to the county assessor, as a deputy of the department, and must substantiate his claim for exemption by a statement in writing, signed by the registrant or owner, or his authorized representative, and forward such statement to the Nevada tax commission with his claim for refund of tax erroneously or illegally collected.
5. If the Nevada tax commission finds that the tax has been erroneously or illegally collected, such tax shall be refunded as provided in NRS 372.630 to 372.720, inclusive.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 210Senators Brown, Seevers and Johnson
CHAPTER 298
AN ACT appropriating the sum of $535,250 from the general fund for the purpose of the design, construction and minimum furnishing of a classroom building at Nevada Southern in Clark County, Nevada; specifying the powers, duties and requirements of the state planning board and the board of regents of the University of Nevada; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the support of the state planning board in carrying out the design and construction and minimum furnishing of a classroom building at Nevada Southern in Clark County, Nevada, there is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $535,250.
Sec. 2. The state planning board is hereby charged with the duty of carrying out the provisions of this act relating to design, contract administration, construction, equipment and minimum furnishings provided for in this act.
3. The board of regents of the University of Nevada and the state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications for the whole or part or parts of the construction, equipment and minimum furnishings shall be approved by the board of regents of the University of Nevada and each contract shall be approved by the attorney general before any such contract may be let.
4. The state planning board shall employ competent architects, who in turn shall employ competent structural, mechanical and electrical engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the classroom building herein designated. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction, equipment and minimum furnishings, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
κ1957 Statutes of Nevada, Page 473 (CHAPTER 298, SB 210)κ
on either the whole or on a part or parts of the construction, equipment and minimum furnishings, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 149Senator Black
CHAPTER 299
AN ACT fixing the compensation of county officers of Humboldt County, Nevada; regulating the employment and compensation of deputies and other employees of officers; repealing a certain act; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of Humboldt County, Nevada, their deputies, and other employees that are named in this act shall receive the following salaries in full compensation for all services rendered by them.
Sec. 2. The district attorney of Humboldt County shall receive an annual salary of $5,300 for all his services as such officer. The district attorney shall be allowed only his actual traveling expenses, while attending to official business of the county or state. No claim for expenses, any part of which pertains to any private matter or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Humboldt County or any governmental agency. He may employ a stenographer whose annual compensation shall not exceed $1,800 to be paid in like manner as other county officers are paid.
Sec. 3. The sheriff of Humboldt County shall receive an annual salary of $5,300. He shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature; provided, that when it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor and his living expenses while away from the county seat in the discharge of his official duties. He shall also be reimbursed for any and all telegraphic and telephone calls necessary in the discharge of his official duties. He shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow the claims in the same manner as other county expenses are audited and allowed. The sheriff of Humboldt County is hereby authorized and empowered to employ one undersheriff who shall receive an annual salary not to exceed $4,800.
κ1957 Statutes of Nevada, Page 474 (CHAPTER 299, SB 149)κ
annual salary not to exceed $4,800. The sheriff may appoint one or more special deputies in the event of an emergency at the rate of pay set forth in section 9 of this act.
Sec. 4. The county clerk of Humboldt County and ex officio clerk of the district court of the Sixth Judicial District of the State of Nevada, in and for the County of Humboldt, shall receive an annual salary of $5,300. The county clerk may employ a deputy at a salary not less than $3,300 and not to exceed $3,600 per year unless such deputy is also designated ex officio election clerk, in which event such deputy may receive an additional salary not to exceed $300 per year. The county clerk shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature. If additional office help is required in connection with the county clerks duties as ex officio clerk of the Humboldt County board of commissioners, the rate of pay will be as set forth in section 9 of this act.
Sec. 5. The county recorder of Humboldt County and ex officio auditor shall receive an annual salary of $5,300 as compensation for all his services as such officer. He may employ one deputy at a salary of not less than $3,300 per year and not to exceed $3,600 per year, and may employ such additional office clerks as may be found necessary at salaries as set forth in section 9 of this act. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 6. The county assessor of Humboldt County shall receive an annual salary of $5,300, together with the additional sum of $750 per year for travel expense and mileage, which sums shall be paid to him in 12 equal monthly installments. The county assessor may appoint one chief deputy assessor at a salary not to exceed $4,800 per year, and may employ necessary office clerks at salaries set forth in section 9 of this act. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature.
Sec. 7. The county treasurer and ex officio tax receiver of Humboldt County shall receive an annual salary of $5,300 which shall be in full compensation for all services rendered by the county treasurer. The county treasurer may employ a deputy at a salary of not less than $3,300 per year but not to exceed $3,600 annually. The county treasurer shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 8. The county commissioners of Humboldt County shall each receive an annual salary of $2,100 which shall be in full compensation for all services whatsoever required of the commissioners, and shall receive not to exceed 10 cents per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners or of the necessary inspection of roads. No mileage allowance shall be made to any commissioner residing at the county seat. It is further provided that the county commissioners shall receive 10 cents per mile for use of private automobiles used on county business. Claims for this mileage must be approved by the board of county commissioners.
Sec. 9. The office clerks employed by the county recorder, county clerk, county treasurer and county assessor of Humboldt County shall receive a salary of not less than $8 per day, but not to exceed $13 per day, said rate of pay to be based on experience and ability of the person so employed.
κ1957 Statutes of Nevada, Page 475 (CHAPTER 299, SB 149)κ
clerk, county treasurer and county assessor of Humboldt County shall receive a salary of not less than $8 per day, but not to exceed $13 per day, said rate of pay to be based on experience and ability of the person so employed. Such rate of pay shall also apply to special deputies for the Humboldt County sheriffs office.
Sec. 10. Chapter 171, Statutes of Nevada 1955, at page 250, entitled An Act fixing the compensation of the county officers of Humboldt County, Nevada; regulating the employment and compensation of deputies and other employees of officers; repealing a certain act; and other matters properly relating thereto, approved March 22, 1955, is hereby repealed.
Sec. 11. This act shall become effective April 1, 1957.
________
Senate Bill No. 198Senator Seevers
CHAPTER 300
AN ACT to amend chapter 244 of NRS relating to county government by creating a new provision relating to the power of the board of county commissioners of a county having a population of 5,000 or more to operate and maintain swimming pools and other public recreational centers when the same have been acquired by gift; providing for the expenditure of public funds therefor; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The boards of county commissioners of the several counties having a population of 5,000 or more, in addition to the powers now conferred upon them by law, are authorized and empowered to operate and maintain swimming pools and other public recreational centers when the same have been acquired by gift to the county.
2. For the purpose of operating and maintaining such swimming pools or other public recreational centers the boards of county commissioners may use any unexpended moneys remaining in the county fund, except bond interest and redemption funds and fish and game funds. The use and transfer of any such unexpended funds shall be in conformance with chapter 354 of NRS relating to the transfer of funds by counties. The boards may, in addition thereto:
(a) Provide in their annual county budgets for the expense of such operation and maintenance and levy a tax therefor.
(b) Make charges for the use by the public of any swimming pools or public recreational centers acquired pursuant to this section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 476κ
Assembly Bill No. 207Mr. Barnum (by request)
CHAPTER 301
AN ACT to repeal NRS sections 590.460 to 590.580, inclusive, relating to the Nevada liquefied petroleum gas board, and enacting certain provisions relating to a new Nevada liquefied petroleum gas board, defining its powers and duties; providing penalties; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 590.460 to 590.580, inclusive, are hereby repealed.
Sec. 2. Chapter 590 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 21, inclusive, of this act.
Sec. 3. Sections 3 to 21, inclusive, shall be known and may be cited as the Nevada Liquefied Petroleum Gas Act.
Sec. 4. As used in this chapter, unless the context or subject matter otherwise requires:
1. Board means the Nevada liquefied petroleum gas board.
2. Person means and includes an individual, firm, copartnership, corporation, association or other organization or any combination of any therefor.
3. Liquefied petroleum gas, LPG or LP-Gas means and includes any material which is composed predominantly of any of the following hydrocarbons, or mixtures of same: Propane, propylene, butanes, either normal butane or isobutane, and butylenes.
Sec. 5. 1. There is hereby created the Nevada liquefied petroleum gas board, to consist of five members to be appointed by the governor of the State of Nevada.
2. The members of the board must have knowledge of the liquefied petroleum gas industry.
3. Initial appointments of the members of the board shall be one for a term of 1 year, one for a term of 2 years, and one for a term of 3 years and two for a term of 4 years, and thereafter each appointment shall be for a term of 4 years or until a successor is qualified and appointed.
4. Any appointed member may, for cause, inefficiency or neglect of duties, be removed from office by the governor.
5. The members of the board shall serve without compensation but may receive the per diem expense allowance and travel expenses as authorized by law for the payment of other state officers to be paid out of the funds of the board, after approval by a majority of the board.
6. Vacancies arising for any reason shall be filled by the governor by appointment for the unexpired term. Each member shall hold office after the expiration of his term until his successor has been duly appointed and qualified.
7. No more than three members of the board shall belong to the same political party.
Sec. 6. 1. The board shall hold three regular meetings per year in the months of March, July and November at such times and at such places as shall be specified by a call of the chairman.
κ1957 Statutes of Nevada, Page 477 (CHAPTER 301, AB 207)κ
2. Special meetings may be held at such times and places as shall be specified by a call of the chairman or a majority of the board.
3. At the regular meeting in March of each year, the board shall elect, by majority vote, a chairman, vice chairman and secretary-treasurer, who shall hold their respective offices for a period of 1 year and are thereafter ineligible to be reelected to the same office for the next ensuing year.
4. Three members of the board shall constitute a quorum, and such quorum may exercise all the power and authority conferred on the board.
5. All notices or calls for regular or special meetings of the board shall be given in writing at least 2 days before the meeting specified.
Sec. 7. 1. The board shall have the power to adopt a seal for its own use which shall have imprinted thereon the words Nevada Liquefied Petroleum Gas Board. The care and custody of the seal shall be in the hands of the secretary-treasurer of the board.
2. The board is authorized and empowered to appoint an executive secretary and such other technical, clerical or investigative personnel as it deems necessary and to fix the compensation for such appointees. The executive secretary and all appointees shall be paid out of the funds of the board. The board may require the executive secretary and any other appointees to give a bond to the board for the faithful performance of their duties, the premiums on such bonds being paid out of the funds of the board.
3. The board is authorized and empowered to adopt, promulgate and enforce rules, regulations and specifications setting forth minimum general standards covering the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck, tank trailer, and utilizing liquefied petroleum gases and specifying the odorization of the gases and the degree thereof. The rules, regulations and specifications shall be adopted, promulgated, revised, amended, revoked or superseded in the manner provided in this chapter. All rules, regulations and specifications so adopted shall have uniform application and be enforced uniformly throughout the state.
4. The board shall have the power to prescribe the method and form of application for a liquefied petroleum gas license, investigate the experience, reputation and background of applicants, issue, suspend, revoke or deny licenses and conduct hearings in connection with the applications for, or revocation of, licenses. In conducting hearings on the issuance or revocation of any license, the board shall have the power to compel the attendance of witnesses by use of subpena, to administer oaths or affirmations, to take testimony and evidence and to apply to the district court of the county where the hearing is held for an order citing any applicant or witness for contempt, for failure to attend or testify.
5. The board shall have power to either suspend or revoke licenses already issued and to refuse renewals of licenses when the applicant or licensee has been guilty of acts of conduct, harmful to either the safety or protection of the public.
6. In carrying out the provisions of this chapter and holding its regular or special meetings, the board shall have the power to adopt and amend bylaws setting forth procedures and methods of operation.
κ1957 Statutes of Nevada, Page 478 (CHAPTER 301, AB 207)κ
regular or special meetings, the board shall have the power to adopt and amend bylaws setting forth procedures and methods of operation.
7. The board shall, 30 days prior to the meeting of the regular session of the legislature, submit to the governor a full and true report of its transactions during the preceding biennium, including a complete statement of the receipts and expenditures of the board during the period.
8. The board shall keep accurate records and minutes of all meetings and the records and minutes so kept shall be open to public inspection at all reasonable times. The board shall also keep a record of all applications for licenses, and licenses issued by it, which shall be a public record.
9. The board is authorized and empowered to retain all application and license fees collected under the provisions of this chapter for the maintenance of an office, the payment of salaries and expenses and the carrying out of the provisions of this chapter.
10. The board is authorized, at its election, to conduct examinations of any applicant to determine the responsibility, ability, knowledge, experience or other qualification of the applicant, for a license under this chapter, and may require a reasonable amount of personal injury and property damage insurance coverage.
11. The board is authorized to grant variances from its rules, regulations and specifications when it deems it to the best interest of the safety of the public or the persons using such LPG materials or services.
Sec. 8. The board shall adopt, promulgate and publish such rules, regulations and specifications as are reasonably necessary for the protection of the health, welfare and safety of the public and persons using liquefied petroleum gases and they shall be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. The board shall adhere to the following conditions in this regard.
1. Any new regulations, other than those already in use, shall be adopted only after a public hearing thereon, held after notice given in the manner and for the time specified by the board.
2. The rules, regulations and specifications relating to safety in the storage, distribution, dispensing, transporting and utilization of LPG in this state and in the manufacture, fabrication, assembly, sale, installation and use of LPG systems, containers, apparatus or appliances shall be just and reasonable and shall conform, as nearly as possible, to the standards of the National Board of Fire Underwriters or the National Fire Protection Association, or both, relating to the design, construction, installation and use of systems, containers, apparatus, appliances and pertinent equipment for the storage, transportation, dispensation and utilization of LPG.
3. Before any rules, regulations or specifications are revised, amended, adopted or promulgated under the provisions of this chapter, the secretary of the board shall give at least 10 days notice to all applicants and licensees under this act by mailing an accurate copy of the new, revised or amended rules, regulations or specifications which the board proposes to adopt or promulgate, together with a written notice, signed by the secretary, stating the date, time and place of a public hearing at which time oral or written objections to the proposed new, revised or amended rules, regulations and specifications shall be heard and considered.
κ1957 Statutes of Nevada, Page 479 (CHAPTER 301, AB 207)κ
place of a public hearing at which time oral or written objections to the proposed new, revised or amended rules, regulations and specifications shall be heard and considered. Any person affected shall have the right to appear and be heard at the hearing, in person and by counsel, to file written or oral objections and to present evidence.
4. After the public hearing, the board may adopt any new, revised or amended rules, regulations or specifications, with such amendments and modifications as they shall deem just and reasonable, and a certificate reciting the adoption and the effective date shall be signed by the members comprising a majority of the board. Within 10 days after the adoption of the new, revised or amended rule, regulation or specification, the secretary shall cause to be mailed to each applicant or licensee under this chapter a true and correct copy of the rule, regulation or specification. A facsimile of any members signature may be used under this section if authorized by the member.
5. Any new, revised or amended rule, regulation or specification adopted as herein provided shall become effective on a date designated in the certificate, but not earlier than 10 days following the date of mailing.
Sec. 9. All equipment shall be installed and maintained in a safe operating condition and in conformity with the rules, regulations and specifications adopted, promulgated and published by the board under section 8.
Sec. 10. No person, firm or corporation, other than the owner and those authorized by the owner so to do, shall sell, fill, refill, deliver or permit to be delivered, or use in any manner any liquefied petroleum gas container or receptacle for any gas, compound, or for any other purpose whatsoever. No person, firm or corporation shall hereafter engage in this state in the business of manufacturing, fabricating, assembling, selling or installing any systems, containers, apparatuses or appliances used, or to be used, in this state for the transportation, storage, dispensation or utilization of LPG, nor shall any transporter, distributor or retailer of LPG engage in storing, dispensing or utilizing, nor shall any transporter, distributor or retailer dispense or transport over the highways of this state any LPG intended for use in this state in any system, container, apparatus or appliance without having first applied and obtained from the board a license to do so. The licenses required by this section shall not apply to the following types of businesses or operations:
1. Those engaged in the production or manufacture of LPG.
2. Those engaged in the wholesale selling or reselling of LPG to transporters, industrial consumers, processors, distributors or retailers, except wholesalers selling to ultimate consumers in this state.
3. Those selling or delivering motor vehicles or tractors, or supplying the same, which are factory-equipped with an LP Gas system, container, apparatus or appliance for the utilization therein of LPG as motor fuel.
Sec. 11. No municipality or other political subdivision shall adopt or enforce any ordinance or regulation in conflict with the provisions of this chapter or with the rules, regulations or specifications promulgated under section 8.
Sec. 12. 1. Applications for any licenses required by this chapter shall be made to the board prior to conducting any business of installing equipment for the use of LPG or prior to engaging in the business of selling LPG.
κ1957 Statutes of Nevada, Page 480 (CHAPTER 301, AB 207)κ
shall be made to the board prior to conducting any business of installing equipment for the use of LPG or prior to engaging in the business of selling LPG.
2. The application shall include the name and address of the applicant, and, if a partnership, the names and addresses of all partners, and if a corporation, association or other organization, the names and addresses of the president, vice president, secretary and managing officers.
3. Each application shall be accompanied by the application fee and the annual license fee for the particular classification for each business or premises for which the license is sought as provided for in this chapter.
4. In order to be considered at a regular meeting of the board, the application for a license must be submitted at least 30 days prior to the date of such meeting.
Sec. 13. The board shall approve or disapprove all applications, and in the event an application is disapproved the board shall promptly return to the applicant the license fee. Within 5 days after the denial of a license, the board shall serve upon the applicant and the governor a copy of the order denying the license, which order shall specify the reasons for the denial. If it appears that the applicant is qualified by experience, education or knowledge to install equipment in a satisfactory and safe manner or is qualified by experience, education or knowledge to sell, transport or deliver the gas, and that the equipment used by the applicant complies with the minimum safety standards established by the board, the board may approve the application and issue the appropriate license for the particular classification stated in this chapter.
Sec. 14. For the purpose of administering the provisions of this chapter and in determining the applicable application and license fees to be remitted, the board may classify any person, firm or corporation and may charge them the fees as follows:
1. Class 1. A fully licensed dealer shall be classified as one who is engaged in the business of installing equipment for the use of LPG and who sells, fills, refills, delivers, or is permitted to deliver, any LPG and the fees payable by class 1 businesses are:
(a) Application fee of $25.
(b) Annual license fee of $85.
2. Class 2. A business engaged in the sale, transportation and exchange of cylinders, but not transporting or transferring gas in liquid bulk, and the fees payable by class 2 businesses are:
(a) Application fee of $15.
(b) Annual license fee of $10.
3. Class 3. A business not engaged in the sale of LPG, but engaged in the sale and installation of gas-consuming appliances, piping, apparatuses, fixtures and connections, and the fees payable by class 3 businesses are:
(a) Application fee of $15.
(b) Annual license fee of $10.
4. Class 4. Those businesses not specifically falling within classifications 1, 2 and 3 shall, at the discretion of the board, be issued special licenses, and the fees payable for the special licenses by class 4 businesses are:
κ1957 Statutes of Nevada, Page 481 (CHAPTER 301, AB 207)κ
licenses, and the fees payable for the special licenses by class 4 businesses are:
(a) Application fee of $15.
(b) Annual license fee of $35.
Sec. 15. 1. Every license issued under this chapter shall set forth the name of the person or persons to whom it is issued.
2. The license shall specify the location, by street and number, of the premises for which it is issued and the particular classification of the license authorizing the type of business to be conducted.
Sec. 16. 1. Any license issued under the provisions of this chapter shall not be transferable by the licensee or licensees to any other person, firm, association, partnership or corporation, and it shall be valid only for the particular premises and particular persons described therein.
2. Whenever there is any transfer or change in the ownership such change must be reported to the board within 30 days.
3. No license fee paid under this chapter shall be refunded whenever any license issued has ceased to be valid either because of a voluntary transfer of any nature, revocation under the provisions of this chapter, death, insolvency, assignment for the benefit of creditors, or for any other reason.
Sec. 17. 1. Whenever the board shall have reasonable ground to believe that any applicant or licensee under this chapter is violating any of the provisions of this chapter, or rules, regulations or specifications promulgated hereunder, or is violating or failing to comply with any of the health and safety laws, rules or regulations in force in this state, or is acting or conducting his operations in any other manner which the board deems to be inimical and not to the best interests of the health, safety or welfare of the people of this state, the board is authorized and empowered, after a hearing, to suspend or revoke any or all licenses previously issued under the provisions of this chapter. If the board has reasonable grounds to believe that a licensee is delivering a lesser quantity of gas than he bills the customer for with the intent to defraud, such fact shall be reported to the state sealer of weights and measures.
2. The board shall cite the licensee, upon notice, stating reasons and given not less than 10 days prior to the date set for the hearing, to appear and show cause, if any he has, why the license should not be revoked or suspended. The licensee cited to appear and show cause shall have the right to file an answer, to appear and be heard in person, and by counsel, and to present evidence at such hearing.
3. The board shall have the power to conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents and to provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.
4. If, upon hearing, the board is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the board shall have the power to revoke or suspend the license summarily.
5. The findings of the board, the judgment and the order shall be reduced to writing and filed in the permanent public records of the board.
κ1957 Statutes of Nevada, Page 482 (CHAPTER 301, AB 207)κ
board. Copies shall be furnished to the licensee and the licensee may, within 30 days after the revocation or suspension, file an appeal with the district court of the county wherein the licensee resides or has his principal place of business. The matter will be heard de novo in the district court but the order of the board shall be affirmed if it is supported by substantial evidence. Upon the filing of the appeal, the enforcement of the boards order shall be stayed pending final disposition of the appeal. If the order be affirmed, it shall become final and conclusive and the stay of enforcement shall be automatically vacated.
6. In any case where the board refuses to issue a license, or suspends or revokes a license, the applicant or accused shall have the right to submit another application for the consideration of the board.
Sec. 18. When the board finds, under such conditions as may arise, a variation from its rules, regulations or specifications which does not impair the safety of the public and persons using the materials which would otherwise be secure by compliance with such rules, regulations or specifications, the board may, upon written application, consideration and investigation, grant a variance from the terms of the rules, regulations or specifications on such conditions as it may specify to insure the safety of the public and persons using the materials or services. In granting the variance, the board shall take into consideration one or more of the following circumstances or conditions and the application shall specify which of them are relied upon:
1. The purpose and meaning embodied in the regulation from which the variance is requested and its relative importance in balancing the interests of the licensee and the community or public.
2. The reasons why the rules, regulations or specifications cannot be complied with.
3. If a consumer tank is involved, whether or not a fire hazard will be created or is maintained.
4. The openings which may or may not be made into any buildings below any regulator or container vents.
5. Whether or not the adjacent walls or exposures are fireproof.
6. Whether or not the installation will be safe in the event the variance is allowed.
7. Whether or not the installation will be exposed to collision by moving vehicles.
8. Any other factors or considerations which impose a hardship on the licensee or which the board deems appropriate for the granting of a variance.
Sec. 19. The attorney general for the State of Nevada and his duly appointed deputies shall be the legal advisers of the board on all matters, of every kind and nature, arising in the administration or enforcement of the provisions of this chapter, or the rules, regulations or specifications promulgated hereunder.
Sec. 20. The respective sheriffs within their counties, and all police officers of the State of Nevada, are charged with the duty, without further compensation, of assisting in the enforcement of this chapter, and shall, upon notice from the board that a dealer or licensee is installing equipment or engaged in the sale of LPG without a license, or its license has been revoked or suspended, stop and abate such dealer or licensee from installing, selling or otherwise conducting business until such time as the requirements of this chapter and all rules, regulations or specifications promulgated by the board have been complied with.
κ1957 Statutes of Nevada, Page 483 (CHAPTER 301, AB 207)κ
or its license has been revoked or suspended, stop and abate such dealer or licensee from installing, selling or otherwise conducting business until such time as the requirements of this chapter and all rules, regulations or specifications promulgated by the board have been complied with.
Sec. 21. Notwithstanding any limitations in NRS 618.180 to the contrary the department of industrial safety of the Nevada industrial commission shall have power to promote safety in the liquefied petroleum gas industry within the state.
________
Assembly Bill No. 263Mr. Collins
CHAPTER 302
AN ACT to amend NRS 486.040 relating to the application of minors for licenses to operate power cycles; imposing liability on parents and guardians; to amend chapter 486 of NRS relating to power cycles by creating a new provision relating to releases of parents and guardians from liability; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 486.040 is hereby amended to read as follows:
486.040 1. A minor person, 14 years of age or over, may apply for a license to operate a power cycle, providing that the application is signed and verified by a parent or guardian of the minor person.
2. Any negligence or willful misconduct of a minor person 14 years of age or over, when operating a power cycle, shall be imputed to the person who signed the application of such minor for a license, which person shall be jointly and severally liable with such minor person for any damages caused by such negligence or willful misconduct.
Sec. 2. Chapter 486 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who has signed the application of a minor person for a license may thereafter file with the drivers license division a verified written request that the license of a minor person so granted be canceled. Thereupon, the drivers license division shall cancel the license of the minor person, and the person who signed the application of such minor person shall be relieved from the liability imposed under this chapter by reason of having signed such application on account of any subsequent negligence or willful misconduct of such minor person in operating a power cycle.
Sec. 3. This act shall become effective upon passage and approval.
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κ1957 Statutes of Nevada, Page 484κ
Senate Bill No. 147Committee on Public Health
CHAPTER 303
AN ACT to amend NRS sections 447.050, 447.060, 447.130 and 447.140 relating to the sanitation of hotels and other public accommodations, prohibiting the use of certain portions of hotels as sleeping quarters, the ventilation of rooms, governing water closets in hotels; to amend chapter 447 of NRS relating to hotels and public accommodations by creating new provisions relating to the sanitation of hotels and other public accommodations; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 447.050 is hereby amended to read as follows:
447.050 It is unlawful for any person to use, or to permit another person to use, any of the following portions of a hotel for living or sleeping purposes:
1. Any kitchen, cellar, hallway, water closet, bath, shower compartments, or slop-sink room.
2. Any other room or place which does not comply with the provisions of this chapter, or in which, in the judgment of the state health officer or his duly authorized agent, living or sleeping is dangerous or prejudicial to life or health by reason of an overcrowded condition; a want of light, windows, ventilation or drainage; dampness; or offensive [,] or obnoxious odors or poisonous [odors] gases in the room or place [.] ; or a lack of exits as required by the latest edition of the Uniform Building Code.
Sec. 2. NRS 447.060 is hereby amended to read as follows:
447.060 Every room in any hotel used for sleeping purposes shall have devices, such as a window or transom, so constructed as to allow for the proper and a sufficient amount of ventilation in each such room [.] , except that buildings more than one story in height, constructed after the passage and approval of this act, shall have no transoms or ventilating openings from guestrooms to public corridors.
Sec. 3. NRS 447.130 is hereby amended to read as follows:
447.130 1. In every hotel [in existence prior to October 1, 1945, at least one water closet for each sex shall be installed in a separate compartment on a public hallway or court. The location of water closets shall be plainly indicated by signs.] or any other type of transient lodging establishment without private toilets there shall be at least one toilet for each sex in a separate compartment on a public hallway or court and such toilets shall be plainly indicated by signs. If the building is designed to accommodate more than 15 persons on any floor or court, then toilets shall be provide on each floor or court in the ratio of one for each 15 persons or major fraction thereof, not provided with private toilets.
2. [If there are more than 12 guestrooms on a floor or court of a hotel in existence prior to October 1, 1945, at least one water closet shall be installed in a separate compartment on a public hallway or court on the floor for every 12, or fractional part of 12, guestrooms on the floor or court which are not provided with private water closets.]
κ1957 Statutes of Nevada, Page 485 (CHAPTER 303, SB 147)κ
on the floor or court which are not provided with private water closets.] Adequate hand washing facilities, properly supplied with soap and hot and cold water under pressure, shall be provided convenient to the toilet facilities.
Sec. 4. NRS 447.140 is hereby amended to read as follows:
447.140 1. In every hotel built after [October 1, 1945,] the effective date of this act, any room in which a water closet, bathtub or shower is installed must be ventilated to the outside air by means of a window of at least 3 square feet [.], unless satisfactory mechanical ventilation is provided.
2. In hotels built prior to [October 1, 1945,] the effective date of this act, without windows in the rooms containing water closets, bathtubs or showers, suitable ventilation shall be provided as required by the state health officer or his duly authorized agent.
Sec. 5. Chapter 447 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 8, inclusive, of this act.
Sec. 6. 1. Toilet rooms and bathrooms, including toilets, bathing and lavatory facilities, in hotels shall be kept clean and sanitary.
2. All other rooms, corridors, stairways, elevators, fire escapes, garages within hotels, lobbies and other portions or appurtenances of hotels used by tenants shall be kept in a clean and sanitary condition, free of fire hazards and free of hazards to life and limb.
Sec. 7. 1. In every hotel and any other type of transient lodging establishment the heating and ventilating systems shall be constructed, installed and operated so as to reduce to a minimum the possibilities of fire, explosion, asphyxiation or gas poisoning.
2. Faulty constructed or installed heating and ventilating systems in hotels and other types of transient lodging establishments constructed prior to the effective date of this act shall be reconstructed, repaired or replaced upon order of the state health officer or his duly authorized agent whenever the continued operation of the faulty constructed or installed heating and ventilating systems will result in detriment to the health and life of the occupants of the building.
3. The state board of health is authorized to adopt rules, regulations and codes governing the construction, installation and operation of heating and ventilating systems in hotels and other types of transient lodging establishments.
Sec. 8. The reconstruction of existing hotels, including all types of transient lodging establishments, and the construction of new hotels, including all types of transient lodging establishments, shall be in accord with pertinent state laws, rules and regulations of the state board of health, and the latest editions of the Uniform Building Code and the National Plumbing Code and such other codes as the state board of health may designate.
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κ1957 Statutes of Nevada, Page 486κ
Assembly Bill No. 267Messrs. Hose and Humphrey
CHAPTER 304
AN ACT to amend chapter 484 of NRS relating to traffic laws by creating new provisions defining certain terms; providing for obedience to and effect of traffic laws; establishing certain presumptions in criminal prosecutions involving driving while intoxicated; providing certain speed regulations; providing for directions of police officers and traffic-control devices; concerning driving lanes and overtaking and passing; turning and starting; right-of-way; requiring special stops; concerning stopping, standing and parking; pedestrians rights and duties; emergency vehicles; bicycles and play vehicles; providing penalties; and other matters relating thereto; and to repeal NRS sections 484.100 to 484.200, inclusive, 484.230 to 484.270, inclusive, 484.680, 484.700 and 484.720.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 128, inclusive, of this act.
Sec. 2. When used in this chapter, the words and phrases contained in sections 3 to 51, inclusive, shall, for the purpose of this chapter, have the meanings respectively ascribed to them in sections 3 to 51, inclusive.
Sec. 3. Alley means:
1. A highway which has been officially named and signposted with such name and which name includes alley.
2. A highway which has not been officially named and signposted and which primarily furnishes access to the rear entrances of abutting property.
Sec. 4. Bicycle means every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than 20 inches in diameter.
Sec. 5. Bus means any motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
Sec. 6. Business district means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.
Sec. 7. Combination of vehicles means two or more vehicles coupled together.
Sec. 8. Commission means the department of motor vehicles.
Sec. 9. Controlled-access highway means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.
κ1957 Statutes of Nevada, Page 487 (CHAPTER 304, AB 267)κ
Sec. 10. Crosswalk means:
1. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
2. In the absence of such lines or markings, or signs indicating no crossing, that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of a highway, other than an alley, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.
Sec. 10.5. Department means the department of highways.
Sec. 11. Driver means every person who drives or is in actual physical control of a vehicle.
Sec. 12. Explosives means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
Sec. 13. Flammable liquid means any liquid which has a flash point of 70° F., or less, as determined by a tagliabue or equivalent closed-cup test device.
Sec. 14. Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Sec. 15. House trailer means:
1. A trailer or a semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on streets and highways; or
2. A trailer or semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subsection 1, but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.
Sec. 16. Intersection means:
1. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
2. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway, or roadway of such intersecting highway 30 feet or more apart from another roadway of such highway, shall be regarded as a separate intersection.
κ1957 Statutes of Nevada, Page 488 (CHAPTER 304, AB 267)κ
Sec. 17. Laned roadway means a roadway which is divided into two or more clearly marked lanes for vehicular traffic.
Sec. 18. License to operate a motor vehicle means any operators or chauffeurs license or any other license or permit to operate a motor vehicle issued under the laws of this state including:
1. Any temporary license or instruction permit.
2. The privilege of any person to drive a motor vehicle whether or not such person holds a valid license.
3. Any nonresidents operating privilege as defined herein.
Sec. 19. Local authorities means every county, municipal, and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state.
Sec. 20. Motortruck means every motor vehicle designed, used or maintained primarily for the transportation of property.
Sec. 21. Motor vehicle means every vehicle which is self-propelled but not operated upon rails.
Sec. 22. Motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
Sec. 23. Motor-driven cycle means every motorcycle, including every motor scooter, with a motor which produces not to exceed 5 horsepower, and every bicycle with motor attached.
Sec. 24. Nonresident means every person who is not a resident of this state.
Sec. 25. Nonresidents operating privilege means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person, in this state.
Sec. 26. Official traffic-control devices means all signs, signals, markings and devices, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, guiding or directing traffic.
Sec. 27. Operator means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
Sec. 28. Owner means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.
Sec. 29. Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
Sec. 30. Pedestrian means any person afoot.
Sec. 31. Person means every natural person, firm, trust, copartnership, association or corporation.
Sec. 32. Police officer means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic laws or regulations.
κ1957 Statutes of Nevada, Page 489 (CHAPTER 304, AB 267)κ
or regulate traffic or to make arrests for violations of traffic laws or regulations.
Sec. 33. Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
Sec. 34. Railroad means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
Sec. 35. Railroad sign or railroad signal means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
Sec. 36. Railroad train means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.
Sec. 37. Residence district means the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.
Sec. 38. Revocation of drivers license means the termination by formal action of the commission of a persons drivers license or privilege to operate a motor vehicle on the public highways.
Sec. 39. Right of way means the privilege of the immediate use of the roadway.
Sec. 40. Roadway means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder, and if a highway includes two or more separate roadways, then roadway means any such roadway separately but not all such roadways collectively.
Sec. 41. Safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
Sec. 42. School bus means every motor vehicle owned by a public or governmental agency or a private school and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school.
Sec. 43. Sidewalk means that portion of a highway between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.
Sec. 44. Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.
Sec. 45. Stop when required, means complete cessation from movement.
Sec. 46. Stop or stopping when prohibited, means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device.
κ1957 Statutes of Nevada, Page 490 (CHAPTER 304, AB 267)κ
Sec. 47. Traffic means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances, either singly or together, while using any highway for purposes of travel.
Sec. 48. Traffic-control signal means any device, whether manually, electrically or mechanically operated, placed or erected by authority of a public body or official having jurisdiction, by which traffic is alternately directed to stop and to proceed.
Sec. 49. Two-directional roadway means a highway consisting of a single roadway upon which vehicles are allowed to proceed in opposite directions.
Sec. 50. Urban district means the territory contiguous to and including any highway which is built up with structures devoted to business, industry or dwelling houses situated at average intervals of less than 100 feet for a distance of a quarter of a mile or more.
Sec. 51. Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
Sec. 52. The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except where a different place is specifically referred to in a given section.
Sec. 53. Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, except those provisions which by their very nature can have no application.
Sec. 54. Unless specifically made applicable, the provisions of this chapter, except those relating to driving while intoxicated, shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.
Sec. 55. 1. In any criminal prosecution for a violation of NRS 484.040 or 484.050 relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendants blood at the time alleged as shown by chemical analysis of the defendants blood, urine, breath or other bodily substance shall give rise to the following presumptions:
(a) If there was at that time 0.05 percent or less by weight of alcohol in the defendants blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor.
(b) If there was at that time in excess of 0.05 percent but less than 0.15 percent by weight of alcohol in the defendants blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
(c) If there was at that time 0.15 percent or more by weight of alcohol in the defendants blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.
κ1957 Statutes of Nevada, Page 491 (CHAPTER 304, AB 267)κ
alcohol in the defendants blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.
2. The provisions of subsection 1 shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.
Sec. 56. 1. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
2. Whenever the department of highways or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the department or such local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.
Sec. 57. 1. No person shall drive any vehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of 10 miles per hour.
2. No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in this section.
3. The department of highways upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it shall thereupon find that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the department shall determine and declare the maximum speed of vehicles which such structure can safely withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of 100 feet before each end of such structure.
4. Upon the trial of any person charged with a violation of this section, proof of such determination of the maximum speed by the department and the existence of such signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure.
Sec. 58. 1. The department and, subject to rules and regulations of the department, local authorities are hereby authorized with respect to highways under their respective jurisdictions to determine locations for the placement of official traffic-control devices in order to provide for the safe and expeditious movement of traffic.
2. Notwithstanding any contrary law, all traffic shall obey such official traffic-control devices when they have been erected, except when otherwise directed by a police officer or flagman authorized by law, and shall always obey the directions of a police officer.
κ1957 Statutes of Nevada, Page 492 (CHAPTER 304, AB 267)κ
Sec. 59. Whenever traffic is controlled by traffic-control signals exhibiting the words Go, Caution or Stop, or exhibiting different colored lights successively one at a time, or with arrows, the following colors only shall be used and such terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
1. Green alone or Go:
(a) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(b) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
2. Steady yellow alone:
(a) Vehicular traffic facing the signal is thereby warned that the red or Stop signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or Stop signal is exhibited.
(b) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right of way to all vehicles.
3. Steady red alone or Stop:
(a) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or Go is shown alone, except when right hand turns after a full stop have been authorized by appropriate authority.
(b) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
4. Steady red with green arrow:
(a) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right of way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.
(b) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
5. In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
Sec. 60. Whenever special pedestrian-control signals exhibiting the words Walk or Wait or Dont Walk are in place such signals shall indicate as follows:
1. Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles.
κ1957 Statutes of Nevada, Page 493 (CHAPTER 304, AB 267)κ
2. Wait or Dont Walk. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing.
Sec. 61. 1. Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
(a) Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(b) Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
2. This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in section 90.
Sec. 62. 1. No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal.
2. No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.
3. This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
4. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.
Sec. 63. No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.
Sec. 64. Upon all two-lane two-directional roadways a vehicle shall be driven in the right hand lane then available for traffic, or as close as practicable to the right hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction.
Sec. 65. 1. Upon any two-directional roadway a vehicle shall be driven upon the right half of the roadway, except as follows:
(a) When the roadway is not of sufficient width.
(b) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement.
κ1957 Statutes of Nevada, Page 494 (CHAPTER 304, AB 267)κ
(c) When the right half of the roadway is closed to traffic while under construction or repair.
(d) When the roadway is divided into three marked lanes for traffic under the rules applicable thereon.
2. In urban districts a vehicle moving at the average or greater than average speed of vehicles then proceeding on the roadway need not be driven on the right half of the roadway:
(a) Upon a roadway designated and signposted for one-way traffic; or
(b) If there are two or more clearly marked lanes allocated exclusively to traffic moving in the direction the vehicle is proceeding.
Sec. 66. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway whenever possible.
Sec. 67. 1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal, or blinking of headlamps at nighttime, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
Sec. 68. 1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or signaling to make a left turn and there is space on the roadway for two or more lines of traffic moving in the direction such vehicles are proceeding.
(b) Upon a highway in an urban district with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in the direction in which the driver is moving.
(c) Upon a highway with unobstructed pavement not occupied by parked vehicles of sufficient width and clearly marked for two or more lines of moving vehicles in the direction the driver is moving.
2. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.
Sec. 69. 1. No vehicle shall be driven to the left side of the center of a two-lane two-directional roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
2. No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
(a) When approaching the crest of a grade or upon a curve in the highway where the drivers view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.
κ1957 Statutes of Nevada, Page 495 (CHAPTER 304, AB 267)κ
highway where the drivers view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.
(b) When approaching within 100 feet of or traversing any intersection or railroad grade crossing.
(c) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.
3. Subsection 2 does not apply upon a one-way roadway.
Sec. 70. 1. The department is hereby authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones, and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.
2. Where signs or markings are in place to define a no-passing zone as set forth in subsection 1, no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length.
Sec. 71. 1. The department may designate any highway or any separate roadway under its jurisdiction for one-way traffic and shall erect appropriate signs giving notice thereof.
2. Upon a roadway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated.
3. A vehicle passing around a rotary traffic island shall be driven only to the right of such island.
Sec. 72. Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules shall apply:
1. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
2. Upon a two-directional roadway which is divided into three lanes, a vehicle shall not be driven in the extreme left lane at any time, nor in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.
Sec. 73. 1. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
2. The driver of any motortruck, or the driver of any combination of vehicles, which is following another motortruck, or combination of vehicles, shall, whenever conditions permit, leave a space of 500 feet so that an overtaking vehicle may enter and occupy such space without danger, but this shall not prevent a motortruck or combination of vehicles from overtaking and passing any vehicle or combination of vehicles.
κ1957 Statutes of Nevada, Page 496 (CHAPTER 304, AB 267)κ
vehicles. This subsection does not apply to any vehicle or combination of vehicles while moving on a highway on which there are two or more lanes available for traffic moving in the same direction.
3. Motor vehicles being driven upon any roadway outside of an urban district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle or combination of vehicles to enter and occupy such space without danger.
Sec. 74. Whenever any highway has been divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right hand roadway and no vehicle shall be driven over, across or within any such dividing space, barrier, or section nor make any left, semi-circular, or U-turn, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by public authority.
Sec. 75. No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority.
Sec. 76. The department and local authorities may with respect to any controlled-access roadway under their respective jurisdictions prohibit the use of any such roadway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle.
Sec. 77. The driver of a vehicle intending to turn at an intersection shall do so as follows:
1. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right hand curb or edge of the roadway.
2. Left turns. The approach for a left turn shall be made in the extreme left hand lane lawfully available to traffic moving in the same direction of travel, and departure from the intersection shall be in a lane lawfully available to traffic moving in the same direction.
Sec. 78. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 1,000 feet.
Sec. 79. No person shall start a vehicle which is stopped, standing or parked, nor shall any person back a vehicle on or into a highway, unless and until such movement can be made with reasonable safety.
Sec. 80. 1. No person shall turn a vehicle at an intersection, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving the appropriate signal in the event any other traffic may be affected by such movement.
2. A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.
κ1957 Statutes of Nevada, Page 497 (CHAPTER 304, AB 267)κ
3. No person shall stop or suddenly decrease the speed of a vehicle without first giving the appropriate signal to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
Sec. 81. 1. Except as provided in subsection 2, any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps.
2. Any motor vehicle in use on a highway shall be equipped with, and a required signal shall be given by, a signal lamp or lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds 24 inches, or when the view from the rear of a hand and arm signal would be obstructed.
Sec. 82. All signals required to be given by hand and arm shall be given by hand and arm extended beyond the left side of the vehicle in the following manner, and shall indicate the terms they follow:
1. Left turn. Hand and arm extended horizontally.
2. Right turn. Hand and arm extended upward.
3. Stop or decrease speed. Hand and arm extended downward.
Sec. 83. 1. The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different highway.
2. When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.
3. This section shall not apply at intersections controlled by traffic-control signals, stop signs, or yield right-of-way signs, or to vehicles approaching each other from opposite directions, when the driver of one of such vehicles is intending to or is making a left turn.
Sec. 84. The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle which has approached or is approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but such driver, having so yielded and having given a signal when and as required, may make such left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right of way to the vehicle making the left turn.
Sec. 85. 1. Every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.
2. Such driver after having stopped shall yield the right of way to any vehicle which has entered the intersection from another highway or which is approaching so closely on such highway as to constitute an immediate hazard, but the driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection shall yield the right of way to the vehicle so proceeding.
Sec. 86. 1. Every driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed not greater than 15 miles per hour, or shall stop if necessary, and shall yield the right of way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard.
κ1957 Statutes of Nevada, Page 498 (CHAPTER 304, AB 267)κ
shall in obedience to such sign slow down to a speed not greater than 15 miles per hour, or shall stop if necessary, and shall yield the right of way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard. The driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding, but the driver required by a yield sign to yield who enters a yield intersection without stopping and by reason thereof has or causes a collision with a pedestrian in a crosswalk or a vehicle in the intersection shall prima facie be considered not to have yielded as required herein. The foregoing shall not relieve the drivers of other vehicles from the duty to drive with due care to avoid a collision.
2. Every driver of a vehicle approaching a yield sign if required for safety to top shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.
Sec. 87. The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right of way to all vehicles approaching on the highway.
Sec. 88. The driver of a vehicle within an urban district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right of way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right of way to all vehicles approaching on such roadway.
Sec. 89. 1. Upon the immediate approach of an authorized emergency vehicle making use of audible and visible signals the drivers of all other vehicles shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed.
2. This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons and property.
Sec. 90. 1. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train.
(b) A crossing gate is lowered or when a flagman gives or continues to give a signal of the approach or passage of a railroad train.
(c) A railroad train approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard.
κ1957 Statutes of Nevada, Page 499 (CHAPTER 304, AB 267)κ
of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard.
(d) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
2. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
Sec. 91. The department and local authorities with the approval of the department are hereby authorized to designate particularly dangerous highway grade crossing of railroads and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon exercising due care.
Sec. 92. 1. The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.
2. No stop need be made at any such crossing where a police officer or a traffic-control signal directs traffic to proceed.
Sec. 93. 1. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than 9 inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
2. Notice of any such intended crossing shall be given to a station agent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing.
3. Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
4. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car.
κ1957 Statutes of Nevada, Page 500 (CHAPTER 304, AB 267)κ
immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.
Sec. 94. 1. Upon any highway outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park or so leave such vehicle off such part of the highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of 200 feet in each direction upon such highway.
2. This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.
Sec. 95. 1. Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of section 94, such officer is authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-traveled part of such highway.
2. Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.
Sec. 96. 1. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:
(a) On a sidewalk;
(b) In front of a public or private driveway;
(c) Within an intersection;
(d) Within 15 feet of a fire hydrant;
(e) On a crosswalk;
(f) Within 20 feet of a crosswalk at an intersection;
(g) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway;
(h) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
(i) Within 50 feet of the nearest rail of a railroad crossing;
(j) Within 20 feet of the driveway entrance of any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance when properly signposted;
(k) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
(l) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(m) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; or
(n) At any place where official signs prohibit stopping.
κ1957 Statutes of Nevada, Page 501 (CHAPTER 304, AB 267)κ
2. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.
Sec. 97. 1. Except as otherwise provided in this section, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right hand wheels of such vehicle parallel to and within 18 inches of the right hand curb.
2. Local authorities may by ordinance permit parking of vehicles with the left hand wheels adjacent to and within 18 inches of the left hand curb of a one-way roadway.
3. Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the department has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
4. The department with respect to highways under its jurisdiction may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where, in its opinion, such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs.
Sec. 98. Pedestrians shall be subject to traffic-control signals at intersections unless required by local ordinance to comply strictly with such signals, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.
Sec. 99. 1. When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
2. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
3. Subsection 1 shall not apply under the conditions stated in subsection 2 of section 100.
4. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
Sec. 100. 1. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.
2. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.
κ1957 Statutes of Nevada, Page 502 (CHAPTER 304, AB 267)κ
3. Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
Sec. 101. Notwithstanding the foregoing provisions, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.
Sec. 102. Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
Sec. 103. 1. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
2. Where sidewalks are not provided any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.
Sec. 104. 1. No person shall stand in a roadway for the purpose of soliciting a ride, employment or business from the occupant of any vehicle.
2. No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
Sec. 105. Authorized emergency vehicle means a vehicle permitted to depart from certain traffic laws as provided herein when equipped with an approved red light and an approved siren, and includes:
1. A vehicle publicly owned and operated in the performance of his duty as a member of any of the following organizations:
(a) Police, fire, and sheriff department vehicles.
(b) Ambulances of public agencies.
(c) Lifeguard or lifesaving vehicles.
(d) State, county and city traffic law enforcement departments.
2. Vehicles publicly maintained in whole or in part by the state, or city, or county and privately owned and operated by a member of and who receives salary from and is regularly employed by a police department, or by a sheriffs office, or traffic law enforcement department, and such vehicles shall be authorized emergency vehicles but only under each and all of the following conditions:
(a) When such vehicle has such a permit from the commission.
(b) Where such person operates such vehicle so owned by him in responding to emergency calls or fire alarms or highway patrol duty or operates such vehicle in the pursuit of actual or suspected violators of the law.
(c) When the state, county or city does not furnish to such officer a publicly owned vehicle for the purposes stated in paragraph (b).
Sec. 106. 1. The commission may issue authorized emergency vehicle permits to other vehicles required to be operated primarily for the immediate preservation of life or property or for the apprehension of law violators. Such permits shall not be issued to vehicles when there is available comparable emergency type services provided by agencies referred to in section 105.
κ1957 Statutes of Nevada, Page 503 (CHAPTER 304, AB 267)κ
2. The issuance of authorized emergency vehicle permits to vehicles under this section shall be limited to:
(a) An emergency repair vehicle of a public utility;
(b) Law enforcement agencies;
(c) Fire-fighting equipment designed and operated exclusively as such;
(d) Vehicles owned or operated by an agency of the United States engaged primarily in law enforcement work; and
(e) Ambulances designed and operated exclusively as such.
Sec. 107. 1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
2. The driver of an authorized emergency vehicle may:
(a) Park or stand, irrespective of the provisions of this chapter.
(b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
(c) Exceed any speed limits so long as he does not endanger life or property.
(d) Disregard regulations governing direction of movement or turning in specified directions.
3. The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible and visual signals as required by law.
4. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
Sec. 108. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.
Sec. 109. The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.
Sec. 110. A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator.
Sec. 111. 1. No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the drivers control over the driving mechanism of the vehicle.
κ1957 Statutes of Nevada, Page 504 (CHAPTER 304, AB 267)κ
2. No passenger in a vehicle shall ride in such position as to interfere with the drivers view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.
Sec. 112. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
Sec. 113. No person shall occupy a house trailer while it is being moved upon a public highway.
Sec. 114. The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near the right hand edge of the highway as reasonably possible.
Sec. 115. 1. The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gears of such vehicle in neutral.
2. The driver of a commercial motor vehicle when traveling upon a downgrade shall not coast with the clutch disengaged.
Sec. 116. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
Sec. 117. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command.
Sec. 118. 1. No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injury any person, animal or vehicle upon such highway.
2. Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.
3. Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
Sec. 119. No vehicle shall at any time be driven through or within a safety zone.
Sec. 120. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle except as to special provisions in sections 121 to 126, inclusive, and except as to those provisions of this chapter which by their nature can have no application.
Sec. 121. 1. A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
2. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
Sec. 122. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
Sec. 123. 1. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
κ1957 Statutes of Nevada, Page 505 (CHAPTER 304, AB 267)κ
ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
2. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
3. Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.
Sec. 124. No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars.
Sec. 125. 1. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the commission which shall be visible from all distances from 50 feet to 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
2. No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, but a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
3. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
Sec. 126. 1. It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in sections 121 to 126, inclusive.
2. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.
3. The provisions applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.
Sec. 127. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
Sec. 128. It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.
Sec. 129. NRS 484.100 to 484.200, inclusive, 484.230 to 484.270, inclusive, 484.680, 484.700 and 484.720 are hereby repealed.
Sec. 130. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 506κ
Assembly Bill No. 367Committee on Judiciary
CHAPTER 305
AN ACT to amend NRS sections 482.215, 482.320, 482.325, 482.345, 482.350 and 482.550 relating to applications for registration, application for dealers license and general distinguishing number, contents of application, issuance of certificate of registration, dealers or manufacturers bond; certification of dealers, associates and subdealers; instruments to be filed with department and the unlawful sale and delivery of a used vehicle within the state when the vehicle is not registered in Nevada; and to amend chapter 482 of NRS relating to vehicle licensing and registration by creating new provisions relating to the investigation and report of an applicant for a license; providing penalties; providing grounds for denying and revoking a license; defining certain words and terms; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.215 is hereby amended to read as follows:
482.215 1. Application for the registration of a vehicle required to be registered under this chapter shall be made in the office of the department located in the county within the State of Nevada in which the owner shall be a resident.
2. An application shall be made upon the appropriate form furnished by the department and shall contain:
(a) The signature of the owner.
(b) His residence address.
(c) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or enfranchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating such vehicle.
3. The application shall contain such other information as may be required by the department.
Sec. 2. NRS 482.320 is hereby amended to read as follows:
482.320 1. A manufacturer of or a dealer in vehicles in this state, owning or controlling any such new or used vehicles and operating them upon the public highways exclusively for the purpose of testing, demonstrating, offering for sale, or selling the same, in lieu of registering each such vehicle, shall, prior to testing, demonstrating, or offering to sell the same, make application upon an official blank provided for that purpose to the department for a dealers license and [general distinguishing number or symbol.] license plate or plates.
2. Except as provided in NRS 482.360, vehicles ordinarily used by the dealer or manufacturer in the conduct of his business as work, personal transportation, or service vehicles must be registered as any other like vehicle as provided in NRS 482.205 to 482.215, inclusive.
3. No such manufacturer or dealer or any officer, employee or servant thereof, or any person within the third degree of consanguinity or affinity or any such officer, or manufacturer or dealer, if the same are natural persons, shall be granted any registration certificate or issued any license plates under the provisions of this chapter when such certificate and license plates are to be attached to and used in the convoying of any motor vehicle in, into, through, or out of this state in motor convoy carrier service as now or as may hereafter be defined in the laws of this state.
κ1957 Statutes of Nevada, Page 507 (CHAPTER 305, AB 367)κ
the same are natural persons, shall be granted any registration certificate or issued any license plates under the provisions of this chapter when such certificate and license plates are to be attached to and used in the convoying of any motor vehicle in, into, through, or out of this state in motor convoy carrier service as now or as may hereafter be defined in the laws of this state. Any such person at the time of applying for registration certificates and license plates pursuant to the provisions of this chapter shall make and file with the department an affidavit to the effect that no motor vehicle or vehicles for which the registration license is applied for will be used in such convoying or convoyed without complying with the laws of the state relating to motor convoy carriers.
Sec. 3. NRS 482.325 is hereby amended to read as follows:
482.325 1. The application shall be upon a blank to be furnished by the department, and the applicant shall furnish such proof as the department may deem necessary that the applicant is a manufacturer or dealer, and entitled to register vehicles under the provisions of this chapter.
2. Upon receipt of such application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a certificate of registration containing the latters name and business address and a [general distinguishing number or symbol] license plate or plates assigned to him in such form and containing such further information as the department may determine.
3. Every vehicle owned or controlled by such manufacturer or dealer, and permitted to be registered under a [general distinguishing number,] license plate or plates, while being operated for the purpose of testing, demonstrating, offering for sale, or selling the same, shall be regarded as registered hereunder.
Sec. 4. NRS 482.345 is hereby amended to read as follows:
482.345 1. Before any [distinguishing number or symbol] dealers license, dealers plate or plates or special dealers plate or plates shall be furnished to a manufacturer or dealer as provided in this chapter, the department shall require that the applicant make application for a dealer license and dealer plate or plates, upon a form to be furnished by the department, and the applicant shall furnish such information as the department may require, including proof that the applicant has an established place of business in this state, and also procure and file with the department a good and sufficient bond in the amount of $1,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer without fraud or fraudulent representation, and without violation of the provisions of this chapter.
2. The bond may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of $1,000.
3. The undertaking on the bond shall be deemed to include and shall include any fraud or fraudulent representation or violation of any of the provisions of this chapter by the salesman of any licensed dealer acting for the dealer on his behalf and within the scope of the employment of such salesman.
κ1957 Statutes of Nevada, Page 508 (CHAPTER 305, AB 367)κ
Sec. 5. NRS 482.350 is hereby amended to read as follows:
482.350 1. A [distinguishing] dealer [number or symbol] license plate or plates shall not be applied for by, or furnished to, any dealer in new vehicles, trailers or semitrailers unless the dealer shall first furnish the department an instrument executed by or on behalf of the manufacturer certifying that the dealer is an authorized dealer for the make of vehicle concerned.
2. An associate or subdealer, not operating under direct appointment or authorization by the manufacturer, shall furnish the department with an instrument executed by or on behalf of a dealer certified as provided in this section, the instrument certifying that the associate or subdealer is an authorized associate or subdealer for the make of vehicle concerned.
Sec. 6. NRS 482.550 is hereby amended to read as follows:
482.550 1. It shall be unlawful to sell or deliver any used automobile or other vehicle, within the State of Nevada, when such vehicle is not registered in the State of Nevada and has displayed on it a vehicle license plate or plates issued by another state or nation, unless the vehicle is sold and delivered to a bona fide resident of another state or nation and the vehicle is to be immediately removed from the State of Nevada. The actual cost of licensing and registering the vehicle in Nevada shall be paid by the purchaser of the vehicle.
2. Every person, firm, association or corporation selling or delivering any vehicle described in subsection 1, before selling or delivering such vehicle, shall remove from such vehicle any such license plate or plates, and [shall destroy such plate or plates.] turn in such plate or plates to the department at the time of registration in the State of Nevada.
3. Any person violating any provision of this section shall be guilty of a misdemeanor.
Sec. 7. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 13, inclusive, of this act.
Sec. 8. As used in this chapter unless the context otherwise requires:
1. Established place of business means a permanent enclosed building or structure owned either in fee or leased with sufficient space to display one or more vehicles which the dealer is licensed to sell, and which is devoted principally to the use of a dealer in the conduct of the business of the dealer. In the case of a used vehicle dealer, trailer dealer or semitrailer dealer, an established place of business need not be a permanent building or structure but may be a vacant lot sufficiently bounded or otherwise marked to definitely indicate the boundaries thereof, but the term shall not mean or include a residence, tent, temporary stand or temporary quarters or permanent quarters occupied pursuant to a temporary arrangement. There shall be located or erected on any such lot a permanent closed building or structure large enough to accommodate the office or offices of the dealer and to provide a safe place to keep the books and other records of the business of such dealer, at which site or location the principal portion of such dealers business shall be conducted and the books and records thereof kept and maintained. Such books and records shall be open to inspection during usual business hours by any authorized agent of the commissioner or the State of Nevada.
κ1957 Statutes of Nevada, Page 509 (CHAPTER 305, AB 367)κ
to inspection during usual business hours by any authorized agent of the commissioner or the State of Nevada.
2. Salesman means any person employed by a vehicle, trailer, or semitrailer dealer, under any form of contract or arrangement to sell, exchange, buy, or offer for sale, or exchange an interest in a vehicle, trailer, or semitrailer to any person, and who receives or expects to receive a commission, fee or any other consideration from either the sellor or purchaser of such vehicle, trailer, or semitrailer.
Sec. 9. The department shall require the Nevada highway patrol to investigate the applicant and complete an investigation report on a form provided by the department.
Sec. 10. 1. The department may deny the issuance or revoke a license issued upon any of the following grounds:
(a) Failure of the applicant to have an established place of business in this state.
(b) That the applicant or licensee has been convicted of a crime involving fraud, larceny or theft in connection with the activity of a dealer in the State of Nevada or any other state, territory or nation.
(c) Material misstatement in application.
(d) Evidence of unfitness of the applicant.
(e) Willful failure to comply with any of the provisions of the motor vehicle laws of the State of Nevada or the directives of the commissioner.
(f) Failure or refusal to furnish and keep in force any bond.
(g) Failure on the part of such licensee to establish and maintain a fixed place of business in this state.
(h) Failure or refusal by a licensee to pay or otherwise discharge any final judgment against such licensee rendered and entered against him, arising out of the misrepresentation of any vehicle, trailer or semitrailer, or out of any fraud committed in connection with the sale of any vehicle, trailer or semitrailer.
(i) Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.
2. The commissioner shall not be limited to the above grounds but may deny the issuance of a license to an applicant or revoke a license already issued if the department is satisfied that the applicant or licensee is not entitled thereto.
Sec. 11. The applicant or licensee may, within 30 days after receipt of the notice of denial or revocation, petition the commissioner in writing for a hearing. Upon filing the petition, a date for a hearing shall be fixed, and the applicant or licensee shall have the right to be present at the hearing and testify in his own behalf and to have such other persons as he desires present and testify at the hearing. Within 10 days after the hearing, the commissioner shall make written findings of fact and conclusions and shall either grant or finally deny the application or revoke the license.
Sec. 12. If the application or license is denied or revoked, the applicant or licensee may, within 30 days from the date of denial or revocation, appeal to the district court of the county of Ormsby, State of Nevada. The action shall be tried as other civil actions, and shall be conducted as a trial de novo.
κ1957 Statutes of Nevada, Page 510 (CHAPTER 305, AB 367)κ
Sec. 13. 1. No person shall engage in the activity of a vehicle, trailer, or semitrailer salesman in the State of Nevada, without first having received a license from the department. Before issuing a license to engage in the activity of a salesman, the department shall require:
(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.
(b) Proof of the employment of such applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer at the time such application is filed.
(c) A statement as to whether any previous application of the applicant has been denied or license revoked.
(d) Payment of a license fee of $5 per year. Such licenses shall expire on June 30 of each calendar year.
2. A salesmans license may be denied or revoked upon the following grounds:
(a) Failure of the applicant to establish by proof satisfactory to the department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer.
(b) Conviction of a crime involving fraud, larceny or theft in connection with the activity of a salesman while acting in such capacity under his license hereunder.
(c) Conviction of a misdemeanor for violation of any of the provisions of this chapter.
3. A salesmans license issued hereunder may be transferred to another dealer upon application and the payment of a transfer fee of $2.
4. A salesmans license must be posted in a conspicuous place on the premises of the dealer.
5. In the event that a salesman ceases to be employed by a licensed and bonded dealer, his license to act as a salesman shall be automatically suspended and his right to act as a salesman shall thereupon immediately cease, and he shall not engage in the activity of a salesman until reemployed by a licensed and bonded dealer. Every licensed salesman shall report in writing to the department every change in his residence address, place of employment, or termination of employment within 5 days of the date of making such change.
6. Any person who fails to comply with the provisions of this section shall be guilty of a misdemeanor.
Sec. 14. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 511κ
Senate Bill No. 76Senator Lamb
CHAPTER 306
AN ACT to amend NRS section 425.030 relating to definitions found in the Aid to Dependent Children Act of 1955.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 425.030 is hereby amended to read as follows:
425.030 As used in this chapter:
1. Applicant means any person who has applied for assistance under this chapter.
2. Assistance means money payments with respect to a dependent child or children, and with respect to the parent or other relative caring for the child or children.
3. Board means the state welfare board.
4. Department means the state welfare department.
5. Dependent child means a needy child under the age of 16 years [, or under the age of 18 years if found by the department to be regularly attending school,] who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, [or] aunt, first cousin, nephew or niece, in a place of residence maintained by one or more of such relatives [at] as his or their own home.
6. Recipient means any person who has received or is receiving assistance.
________
Assembly Bill No. 171Messrs. Fullerton, McKissick, Valentine, Leavitt, Miss Herr and Mr. Godbey
CHAPTER 307
AN ACT to amend NRS section 427.020 relating to definitions in the Nevada Old-Age Assistance Act; to amend NRS section 427.200 relating to qualifications for old-age assistance; to amend chapter 427 of NRS relating to old-age assistance by creating a new provision relating to the establishment and use of the old-age assistance medical and remedial care fund; to repeal NRS section 427.270 relating to claims against the estates of recipients; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 427.020 is hereby amended to read as follows:
427.020 As used in this chapter:
1. Applicant means any person who has applied for assistance under this chapter.
2. Assistance means money payments to [or payments for medical care in behalf of needy aged persons.] , or medical care in behalf of or any type of remedial care in behalf of, needy aged persons who are 65 years of age or older, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual:
κ1957 Statutes of Nevada, Page 512 (CHAPTER 307, AB 171)κ
of or any type of remedial care in behalf of, needy aged persons who are 65 years of age or older, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual:
(a) Who is a patient in an institution for tuberculosis or mental diseases; or
(b) Who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof.
3. County board means the board of county commissioners of a county.
4. Director means the state welfare director.
5. Recipient means any person who has received and is still receiving assistance.
6. Social Security Act means the Act of Congress approved August 14, 1935, and compiled as Title 42, United States Code § 301, and certain sections following that section, as amended.
7. State board means the state welfare board.
8. State department means the state welfare department.
Sec. 2. NRS 427.200 is hereby amended to read as follows:
427.200 Assistance shall be granted under this chapter to any person who has all of the following qualifications combined at the time of [the making of application therefor:] receiving assistance:
1. Is 65 years of age or older; but if the Congress of the United States shall enact any law reducing the age of eligibility for old-age assistance, such reduced age limit shall be the age limit under this chapter.
2. Is a resident of the State of Nevada who has actually resided in this state for a period of 5 years or more during the 9 years immediately preceding the making of the application for such assistance, the last 1 year of which shall have been continuous and immediately preceding the making of such application.
[3. Is a citizen of the United States of America.
[4.] 3. Is in need of financial or other assistance as provided for in this chapter, and has not sufficient income from all other available sources to provide a reasonable subsistence compatible with decency, health and needs as provided for in this chapter.
[5.] 4. Is not an inmate of a public institution except as a patient in a public medical institution, and who is not a patient in any institution for tuberculosis or for mental diseases or has been diagnosed as having tuberculosis or psychosis and is not a patient in any medical institution as a result thereof.
[6.] 5. Has not, at any time within 3 years immediately prior to the filing of the application for assistance pursuant to the terms of this chapter, made any deed, conveyance, bill of sale, assignment or other transfer of property so as to render himself eligible for such assistance under this chapter.
Sec. 3. Chapter 427 is hereby amended by adding thereto a new section which shall read as follows:
1. The old-age assistance medical and remedial care fund is hereby created in the state treasury. Moneys made available to the state by the Federal Government and by the state for the purpose of providing medical care or any type of remedial care to recipients shall be deposited in the fund.
κ1957 Statutes of Nevada, Page 513 (CHAPTER 307, AB 171)κ
the Federal Government and by the state for the purpose of providing medical care or any type of remedial care to recipients shall be deposited in the fund.
2. Except as otherwise provided in subsection 3, any moneys so made available by the state, by appropriation or otherwise, shall remain in the fund and shall not revert to the general fund.
3. If the fund is dissolved, the Federal Government shall be reimbursed for its proportionate share of contributions into the fund, and any moneys remaining thereafter shall revert to the general fund.
4. The state board may designate that the fund may cover any one, several or all items of the medical care or any type of remedial care costs as deemed most advantageous for the best interests of the state.
5. The state department may purchase necessary medical care or any other type of remedial care by contract or fee for service. Each vendor or group who has a contract with the state department and is rendering medical care or any type of remedial care to recipients shall submit such charges for payment to the state department, and payment shall be made as other claims against the state are paid.
Sec. 4. NRS 427.270 is hereby repealed.
________
Senate Bill No. 105Senator Johnson
CHAPTER 308
AN ACT to amend NRS section 612.190 relating to the definition of wages under the Unemployment Compensation Law.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.190 is hereby amended to read as follows:
612.190 1. Wages means all remuneration paid for personal services, including commissions and bonuses and the cash value of all remuneration, payable in any medium other than cash. The reasonable cash value of remuneration payable in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the executive director. For the purpose of a determination of insured status only, back-pay awards after January 1, 1955, shall be allocated to the quarters with respect to which they were paid.
2. Wages shall not include:
(a) The amount of any payment [with respect to services performed after July 1, 1941, to, or on behalf of, an individual in its employ under a plan or system established by an employing unit which makes provision for individuals in its employ generally or for a class or classes of such individuals (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for such payment), on account of:
[(1) Retirement; or
[(2) Sickness or accident disability; or
κ1957 Statutes of Nevada, Page 514 (CHAPTER 308, SB 105)κ
[(3) Medical and hospitalization expenses, in connection with sickness or accident disability; or
[(4) Death, provided an individual in its employ:
[(I) Has not the option to receive, instead of provision for such death benefit, any part of such payment, or, if such death benefit is insured, any part of the premiums, or contributions to premiums, paid by his employing unit; and
[(II) Has not the right, under the provisions of the plan or system, or policy of insurance providing for such death benefit, to assign such benefit, or to receive a cash consideration in lieu of such benefit upon either his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his services with such employing unit.
[(b) The payment by an employing unit, without deduction from the remuneration of the individual in its employ, or the tax imposed upon an individual in its employ, under Section 3101 of the Internal Revenue Code of 1954.
[(c) Dismissal payments after July 1, 1941, which the employing unit is not legally required to make.] made after July 1, 1957, (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment), to, or on behalf of, an individual or any of his dependents under a plan or system established by an employing unit which makes provision generally for individuals performing service for it (or for such individuals generally and their dependents), or for a class or classes of such individuals (or for a class or classes of such individuals and their dependents), on account of:
(1) Retirement; or
(2) Sickness or accident disability; or
(3) Medical or hospitalization expenses in connection with sickness or accident disability; or
(4) Death.
(b) The amount of any payment made after July 1, 1957, by an employing unit to an individual performing service for it (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement.
(c) The amount of any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, made after July 1, 1957, by an employing unit to, or on behalf of, an individual performing services for it after the expiration of 6 calendar months following the last calendar month in which the individual performed services for such employing unit.
(d) The amount of any payment made after July 1, 1957, by an employing unit to, or on behalf of, an individual performing services for it or his beneficiary:
(1) From or to a trust described in Section 401(a) which is exempt from tax under Section 501(a) of the Internal Revenue Code of 1954 at the time of such payment unless such payment is made to an individual performing services for the trust as remuneration for such services and not as a beneficiary of the trust; or
κ1957 Statutes of Nevada, Page 515 (CHAPTER 308, SB 105)κ
an individual performing services for the trust as remuneration for such services and not as a beneficiary of the trust; or
(2) Under or to an annuity plan which, at the time of such payment, meets the requirements of Section 401(a) (3), (4), (5) and (6) of the Internal Revenue Code of 1954.
(e) The payment by an employing unit, without deduction from the remuneration of the individual in its employ, of the tax imposed upon an individual in its employ, under Section 3101 of the Internal Revenue Code of 1954 with respect to services performed after July 1, 1957.
(f) Remuneration paid after July 1, 1957, in any medium other than cash to an individual for service not in the course of the employing units trade or business.
(g) The amount of any payment (other than vacation or sick pay) made after July 1, 1957, to an individual after the month in which he attains the age of 65, if he did not perform services for the employing unit in the period for which such payment is made.
________
Assembly Bill No. 473Mr. McKissick
CHAPTER 309
AN ACT authorizing the superintendent of the Nevada state hospital to sell or exchange certain real property belonging to the Nevada state hospital; specifying the purchase price thereof; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent of the Nevada state hospital is hereby authorized to sell or exchange and convey any part or all of the following described real property owned by the Nevada state hospital being and lying in Washoe County, Nevada, in the NE 1/4 of the NW 1/4 of section 7, T. 19N., R. 20E., M.D.B. & M. and being more particularly described by metes and bounds as follows:
Begin at the North quarter section corner of said section 7, an iron pin set in the ground on the Westerly side of Asylum Road; thence South 0°16′29″ East 77.19 feet along the North and South center line of said Section 7, to the Northerly right of way line of the Southern Pacific Railroad; thence along a curve to the left on said right of way line from a tangent bearing South 88°24′19″ West, with a radius of 11659.20 feet, central angle of 5°51′42″, semi-tangent 596.92 feet, 1192.80 feet to its intersection with the Southerly right of way line of the Nevada State Highway, U. S. 40; thence North 76°34′50″ East 727.83 feet along said right of way line to its intersection with the North line of said Section 7; thence North 89°43′ East 480.22 feet along said Section line to the place of beginning.
Excepting therefrom portions conveyed for State Highway purposes.
Excepting therefrom the following described parcel:
κ1957 Statutes of Nevada, Page 516 (CHAPTER 309, AB 473)κ
A triangular piece or parcel of real property containing approximately 24,990 square feet, or five-eighths of an acre, having a base of approximately 84 feet, one side of 590 feet and the other side of 600 feet, bounded on the South by the Southern Pacific Railroad right of way and on the North by the U. S. Highway No. 40, the triangle lying West of what is sometimes known as Asylum Road.
Sec. 2. None of the real property herein authorized to be sold or exchanged and conveyed shall be sold or exchanged for less than $2,500 per acre, and the superintendent of the Nevada state hospital shall issue his deed to the purchaser or purchasers upon payment in full of the purchase price in money or property or both. All moneys so received by the superintendent shall be paid over by him to the state treasurer for deposit to the credit of the general fund. All sales shall be public with notice having been given by the superintendent.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 472Committee on Fish and Game
CHAPTER 310
AN ACT to amend NRS section 502.010 relating to the persons required to procure hunting and fishing licenses and providing limitations on hunting by minors by extending certain fishing privileges to nonresident minors and prescribing limitations thereon.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 502.010 is hereby amended to read as follows:
502.010 1. Every person who hunts any of the wild birds or animals, traps any of the fur-bearing animals, or who fishes without having first procured a license therefor, as provided in this Title, shall be guilty of a misdemeanor; provided:
(a) No license to hunt or fish shall be required of residents of this state who have not yet attained their 16th birthday, unless required for the issuance of game or bird tags as prescribed by the laws of the State of Nevada or by the regulations of the commission.
(b) No license to fish shall be required of nonresidents of this state who have not yet attained their 14th birthday, but the number of fish taken by such nonresidents shall not exceed 50 percent of the daily creel and possession limits as provided by law.
[(b)] (c) It shall be unlawful for any child who has not yet attained his 14th birthday to hunt any of the wild birds or animals with any firearm, unless such child is accompanied at all times by an adult person licensed to hunt or fish.
[(c)] (d) No child under 12 years of age, whether accompanied by a qualified person or not, shall hunt big game in the State of Nevada.
2. This section shall not apply to the protection of person or property from predatory animals on or in the immediate vicinity of home or ranch premises.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 517κ
Assembly Bill No. 447Mineral County Delegation
CHAPTER 311
AN ACT to amend NRS sections 402.845, 403.560 and 405.010 relating to highway signs by providing additional penalties for their damage or destruction.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 402.845 is hereby amended to read as follows:
402.845 1. As a part of every plan and of all specifications and contracts for the construction of state highways, provision shall be made for the erection of permanent guideposts and signboards at every point where another road crosses or diverges from a state highway and at all places requiring warning to the traveling public as to the condition of the road, such as dangerous turns and steep grades, which guideposts and signboards shall contain plain and accurate information as to the distances of towns and other points such as is usually contained on signboards for the information of the traveling public.
2. The department of highways shall:
(a) Cause to be put up, and to be kept up thereafter, on and along the state highways, all such usual and necessary road markers and highway signs as have been adopted or shall hereafter, from time to time, be adopted by the American Association of State Highway Officials.
(b) Cause to be put up, and to be kept up thereafter, informative signs, distinctive in color and design, pointing out, calling attention to and descriptive of nearby points, location of and distance to water, and objects of natural, scenic, geographical, geological, paleographical and historical interest to the traveler within or passing through the State of Nevada.
3. Any person who shall willfully tear down, dig up, shoot or in any manner deface, destroy or carry away any such guideboards, road markers, highway signs or descriptive signs as provided in this section shall be guilty of a [misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $300, or by imprisonment in the county jail for not less than 1 month nor more than 6 months, or by both fine and imprisonment.] misdemeanor.
Sec. 2. NRS 403.560 is hereby amended to read as follows:
403.560 1. The board of county commissioners of each county shall cause to be put up, and to be kept up thereafter, at each crossing or forks of any county road in the county, a guideboard, having thereon an index or pointer and the words To (naming the place or first point of any importance on such road, and in remote desert and mountain areas to the nearest water, and the number of miles, as near as may be, thereto) miles. Such number of guideboards shall be put up and so placed at all such points as to enable travelers readily to understand therefrom the road they wish to travel in order to arrive at the desired destination, or to find such water.
2. Any person who shall willfully tear down, dig up, shoot or in any manner deface, destroy or carry away any such guideboard, road marker, highway sign or descriptive sign shall be guilty of a [misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $300, or by imprisonment in the county jail for not less than 1 month nor more than 6 months, or by both fine and imprisonment.]
κ1957 Statutes of Nevada, Page 518 (CHAPTER 311, AB 447)κ
marker, highway sign or descriptive sign shall be guilty of a [misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $300, or by imprisonment in the county jail for not less than 1 month nor more than 6 months, or by both fine and imprisonment.] misdemeanor.
Sec. 3. NRS 405.010 is hereby amended to read as follows:
405.010 1. Whenever, by reason of excessive moisture or a lack of moisture, the public roads or highways under the supervision of either the several boards of county highway commissioners or the boards of county commissioners may be damaged by heavy loads thereon, the several boards of county commissioners having supervision over the public roads or highways, or the several boards of county highway commissioners having supervision over the public roads or highways of this state, shall have authority:
(a) To close any public road or highway to such extent and for such times as may be necessary.
(b) To fix the maximum load limit which may pass over any road or highway or any section thereof.
2. Notices of the closing of any road or highway or limiting the maximum load which may pass over the road or highway under the provisions of this section shall be given by placing a notice at each end of the section of road or highway to be protected, after such board of county highway commissioners or board of county commissioners shall have passed a resolution to such effect, which resolution shall be spread upon the minutes of such board of county highway commissioners or board of county commissioners. Such notice shall state that such road is closed to traffic or state the maximum load which may be drawn or carried over the road or highway or section thereof.
3. Any person, firm, company or corporation who shall deface, destroy, shoot or remove any sign or notice so erected or placed shall be guilty of a misdemeanor.
[3.] 4. Any person, firm, company or corporation who shall [deface, destroy or remove any sign or notice so erected or placed, or who shall] pass over a road so closed, or any part thereof, or who shall carry over such road or any section thereof any load in excess of the weight stated in such resolution of the board of county highway commissioners or the board of county commissioners and as stated in such notice, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than $100 nor more than $500, and shall be liable for any damage that may be done to any public road or highway or any section thereof as the result of such unlawful passage.
________
κ1957 Statutes of Nevada, Page 519κ
Assembly Bill No. 320Mr. Von Tobel
CHAPTER 312
AN ACT to amend NRS section 616.560 relating to liability of third parties for damages under the Nevada Industrial Insurance Act, the reduction of compensation, and the subrogation of the Nevada industrial commission to the employees rights.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.560 is hereby amended to read as follows:
616.560 1. When an employee coming under the provisions of this chapter receives an injury for which compensation is payable under this chapter and which injury was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:
[1.] (a) The injured employee, or in case of death, his dependents, may take proceedings against that person to recover damages, but the amount of the compensation to which the injured employee or his dependents are entitled under this chapter shall be reduced by the amount of the damages recovered.
[2.] (b) If the injured employee, or in case of death, his dependents, in such case receive compensation under this chapter, the commission, by whom the compensation was paid, shall have a right of action against the person so liable to pay damages as aforesaid, and shall be subrogated to the rights of the injured employee or of his dependents to recover therefor; provided:
[(a)] (1) That in any action or proceedings taken by the commission under this section evidence of the amount of compensation, accident benefits and other expenditures which the commission has paid or become obligated to pay by reason of the injury or death of the employee shall be admissible; and
[(b)] (2) That if in such action or proceedings the commission shall recover more than the amounts it has paid or become obligated to pay as compensation, it shall pay the excess to the injured employee or his dependents.
[3.] (c) The injured employee, or in case of death, his dependents, shall first notify the commission in writing of any action or proceedings, pursuant to this section, to be taken by the employee or his dependents.
2. In any case where the commission shall be subrogated to the rights of the injured employee or of his dependents as provided in subsection 1, the commission shall have a lien upon the proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise.
________
κ1957 Statutes of Nevada, Page 520κ
Assembly Bill No. 54Mr. Ryan
CHAPTER 313
AN ACT to amend NRS section 616.180 relating to the use, rental, acquisition and construction of buildings in Carson City and Las Vegas, Nevada, by the Nevada industrial commission; to amend NRS section 616.450 relating to the use of rental income deposited in the rent and expense fund of the Nevada industrial commission.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.180 is hereby amended to read as follows:
616.180 1. The commission is authorized to occupy whatever room or rooms are necessary for the performance of its duties in that certain building heretofore purchased by the commission under the authority granted by chapter 177, Statutes of Nevada 1923. The portion of the building not occupied by the commission may be rented only to other state agencies, departments, commissions, bureaus and officers.
2. [The portion of the building not occupied by the commission may be rented.] The commission is authorized, pursuant to a resolution of the commission approved by the governor, to invest not to exceed 5 percent of the total assets of the state insurance fund in office buildings in Carson City and Las Vegas, Nevada. The commission shall cooperate with the state planning board in all planning and construction undertaken by the commission pursuant to this section. The commission is authorized to occupy whatever room or rooms are necessary for the performance of its duties, and the portion of such building not occupied by the commission may be rented only to other state agencies, departments, commissions, bureaus and officers.
3. The title of any real property purchased under the authority granted by subsection 2 shall be examined and approved by the attorney general.
4. Any income derived from rentals shall be deposited in the rent and expense fund as provided in NRS 616.450.
5. The commission is authorized, pursuant to a resolution of the commission approved by the governor, to sell any real property acquired by it pursuant to the provisions of subsections 1 or 2. All moneys received by the commission for the sale of such real property shall be deposited in the state insurance fund.
Sec. 2. NRS 616.450 is hereby amended to read as follows:
616.450 Any income derived from rentals, as provided in [subsection 2 of] NRS 616.180, shall be placed in a fund to be known as the rent and expense fund. All disbursements on account of expenses incurred in the operation and maintenance of the [building] buildings shall be paid from the rent and expense fund. The fund shall constitute a part of the assets of the state insurance fund.
________
κ1957 Statutes of Nevada, Page 521κ
Senate Bill No. 200Committee on Judiciary
CHAPTER 314
AN ACT to amend chapter 1 of NRS by creating a new provision relating to grounds for disqualification of justices of the supreme court.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 1 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A justice of the supreme court shall not act as such in an action or proceeding when he entertains actual bias or prejudice for or against one of the parties to the action.
2. A justice of the supreme court shall not act as such in an action or proceeding when implied bias exists in any of the following respects:
(a) When he is a party to or interested in the action or proceeding.
(b) When he is related to either party by consanguinity or affinity within the third degree.
(c) When he has been attorney or counsel for either of the parties in the particular action or proceeding before the court.
(d) When he is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree.
3. A justice of the supreme court, upon his own motion, may disqualify himself from acting in any matter upon the ground of actual or implied bias.
4. Any party to an action or proceeding seeking to disqualify a justice of the supreme court for actual or implied bias shall file a charge in writing, specifying the facts upon which such disqualification is sought. Hearing on such charge shall be had before the other justices of the supreme court.
5. Upon the disqualification of a justice of the supreme court pursuant to this section, a district judge shall be designated to sit in his place as provided in section 4 of article 6 of the constitution of the State of Nevada.
6. No person shall be punished for contempt for making, filing or presenting a charge for disqualification pursuant to subsection 4.
________
κ1957 Statutes of Nevada, Page 522κ
Assembly Bill No. 123Mr. Bailey
CHAPTER 315
AN ACT to amend NRS sections 286.580 to 286.620, inclusive, relating to conversion of service retirement allowances and additional options therefor, protection of beneficiaries and disability retirement allowances under the Public Employees Retirement Act; providing for additional conversion options and the time of exercise of conversion options; providing for unmodified allowances in certain cases; providing for payment of disability allowance from last day of compensation; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.580 is hereby amended to read as follows:
286.580 1. Until the first payment of his service retirement allowance becomes normally due, a member who has applied for service retirement, except as otherwise provided in NRS 286.600 and 286.610, may elect to convert the allowance otherwise payable on his account after his retirement into a service retirement allowance of equivalent actuarial value of one of the optional forms described in NRS 286.590. [No such election shall be effective, however, until the election, upon a form prescribed by the board, has been received in the office of the board. Should the member die before the election becomes effective, the benefits payable on his account shall be the same as though he had not been retired.]
2. The election of a converted allowance under any of the optional plans described in NRS 286.590 shall not be effective until the election, upon a form prescribed by the board, is delivered to the office of the board, but the deposit of such election in the mails, postage prepaid, in an envelope addressed to the board, shall be the equivalent of delivery to the board. The postmark date on such envelope shall be deemed the date of delivery.
3. The election of an optional plan under the provisions of NRS 286.600 or 286.610 must be delivered to the office of the board within 60 days after receipt of the election form by the member or his agent or the election shall be declared invalid and shall be rejected by the board. If an election is rejected by the board for failure to deliver it within the prescribed period, the member may file another application for beneficiary protection and the board may proceed as if the second or succeeding applications were original applications.
4. In case of the death of a member prior to the delivery to the board of a valid election of retirement plan, the benefits payable on his account shall consist of a refund of contributions in accordance with NRS 286.660.
Sec. 2. NRS 286.590 is hereby amended to read as follows:
286.590 1. Option 1 consists of a reduced service retirement allowance payable during the members life, with the provision that at his death a lump sum equal in the amount to the difference between his accumulated contributions at the time of his retirement and the sum of the retirement allowance payments actually made to him during his life be paid to such person, if any, as he nominates by written designation duly acknowledged and filed with the board, or otherwise be paid according to the provisions of this chapter for disposal of an amount credited to a member in his account at the time of his death in the event that he designates no beneficiary to receive the amount or that no beneficiary is able to receive the amount.
κ1957 Statutes of Nevada, Page 523 (CHAPTER 315, AB 123)κ
designation duly acknowledged and filed with the board, or otherwise be paid according to the provisions of this chapter for disposal of an amount credited to a member in his account at the time of his death in the event that he designates no beneficiary to receive the amount or that no beneficiary is able to receive the amount.
2. Option 2 consists of a reduced service retirement allowance payable during the members life, with the provision that it shall continue after his death for the life of the beneficiary which he nominates by written designation duly acknowledged and filed with the board at the time of election should the beneficiary survive him.
3. Option 3 consists of a reduced service retirement allowance payable during the members life, with the provision that it continue after his death at one-half the rate paid to him and be paid for the life of the beneficiary which he nominates by written designation duly acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
4. Option 4 consists of a reduced service retirement allowance payable during the members life, with the provision that it shall continue after his death for the life of his spouse, whom he nominates by written designation duly acknowledged and filed with the board at the time of the election, should his spouse survive him, but no payment shall be made to the surviving spouse prior to the attainment by the surviving spouse of age 60. If a beneficiary designated hereunder should die after the date of the members death but before attaining age 60 and there has been no payment of benefits to either member or beneficiary, the refund of the contributions of the deceased member shall be paid in equal shares directly and without probate or administration to the surviving children of the deceased member or, if there be no such surviving children, to the estate of the deceased beneficiary. If there has been payment of benefits to either the member or the beneficiary no refund shall be made.
5. Option 5 consists of a reduced service retirement allowance payable during the members life, with the provision that it shall continue after his death at one-half the rate paid to him and be paid for the life of his spouse, whom he nominates by written designation duly acknowledged and filed with the board at the time of the election, should his spouse survive him, but no payment shall be made to the surviving spouse prior to the attainment by the surviving spouse of age 60. If a beneficiary designated hereunder should die after the date of the members death but before attaining age 60 and there has been no payment of benefits to either member or beneficiary, the refund of the contributions of the deceased member shall be paid in equal shares directly and without probate or administration to the surviving children of the deceased member or, if there be no such surviving children, to the estate of the deceased beneficiary. If there has been payment of benefits to either the member or the beneficiary no refund shall be made.
6. If a member should enter into retirement status under one of the optional plans described in this section and the duly designated beneficiary should predecease the member, the member may apply to the board for payment of an unconverted allowance, which allowance shall be reduced by the actuarial equivalent of the protection previously received.
κ1957 Statutes of Nevada, Page 524 (CHAPTER 315, AB 123)κ
shall be reduced by the actuarial equivalent of the protection previously received. Such adjusted allowance shall become effective on the 1st day of the month in which application for adjustment is received or on the 1st day of the month following the death of the beneficiary, whichever is later.
Sec. 3. NRS 286.600 is hereby amended to read as follows:
286.600 1. A member of the system who has become eligible for a service retirement allowance by virtue of attained age and required service may elect to protect a beneficiary under the terms and conditions of [Option 2 or Option 3] one of Options 2 to 5, inclusive, as described in NRS 286.590 and continue in employment.
2. The allowances payable to the designated beneficiary under the options shall be calculated upon the conditions of service and average salary obtaining on the 1st day of the month in which the application for protection, upon a form prescribed by the board, shall be received in the office of the board. [The protection for the named beneficiary shall not be effective until the election of an optional plan, upon a form prescribed by the board, shall be filed in the office of the board.]
3. [Should the member die before the election becomes effective, the benefits payable on his account shall consist of the refund of contributions under NRS 286.660.] Should the member die after the election has become effective, the designated beneficiary, if surviving, shall [immediately] become eligible for [receipt of the elected allowance, and contributions made subsequent to the date of protection calculation shall be refundable under NRS 286.660.] an allowance under the terms and conditions of the elected option.
4. [If the death of the member occurs 12 months or more after the election of protection has become effective, the allowance payable to the beneficiary shall be recalculated upon the conditions of service and average salary of the member obtaining upon the day of his death, and contributions shall not be refundable in any part.] The allowance payable to the beneficiary shall be recalculated under the conditions of service and average salary of the member existing at the time of his death and contributions shall not be refundable in any part. The recalculated allowance shall not be less than the original calculation.
5. If the beneficiary should predecease the member, the member may name a beneficiary under NRS 286.660 to receive his retirement contributions in case of his death prior to actual entry into retirement.
6. Should the member enter into actual retirement within 12 months of the effective date of protection to a beneficiary, he shall receive his allowance under the terms and conditions of the option previously selected, but calculations thereunder shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall not be less than the original calculation.
7. Should the member enter into retirement status at a date in excess of 12 months after the effective date of protection of a beneficiary, he shall be permitted to reelect a retirement option, with a change of beneficiary, if desired, and calculations thereunder shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received if the member chooses a plan other than that originally selected or names a beneficiary other than one previously designated hereunder.
κ1957 Statutes of Nevada, Page 525 (CHAPTER 315, AB 123)κ
the actuarial equivalent of the protection previously received if the member chooses a plan other than that originally selected or names a beneficiary other than one previously designated hereunder.
8. Protection under this section may be extended to only one person prior to actual entry into retirement.
Sec. 4. NRS 286.610 is hereby amended to read as follows:
286.610 1. A member with 25 or more years of service but who is not yet eligible for retirement by reason of age may elect to protect a beneficiary under the terms and conditions of [Option 2 or Option 3.] one of Options 2 to 5, inclusive, as described in NRS 286.590.
2. The protection to the beneficiary shall be calculated upon the members conditions of service and average salary obtaining on the 1st day of the month in which the application for such protection, upon a form prescribed by the board, shall be received in the office of the board. [The election of protection for the named beneficiary shall not be effective until the election, upon a form prescribed by the board, shall be filed in the office of the board.]
3. [Should the member die before the election becomes effective, the benefits payable on his account shall consist of the refund of contributions under NRS 286.660.] Should the member die after the election has become effective, the designated beneficiary, if surviving, shall become eligible for receipt of an allowance under the elected plan at such time as the deceased member would have reached retirement age [.] or, if either Option 4 or Option 5 has been elected, under the terms and conditions of such option, whichever is later. If the beneficiary does not survive to the date upon which the deceased member would have reached retirement age, or to such date as the beneficiary would be otherwise eligible for an allowance, the refund of the contributions of the deceased member shall be [payable to the estate of the deceased member.] paid in equal shares directly and without probate or administration to the surviving children of the deceased member or, if there be no surviving children, to the estate of the deceased beneficiary. The anticipated retirement age shall be that age upon which the member could have retired in consideration of service credited at the time of death.
4. Should the member die after the effective date of protection, the allowance payable to the designated beneficiary under the elected option shall be recalculated under the conditions of service and average salary obtaining as of the date of such death.
5. If the beneficiary should die during the continued employment of the member, the member may designate a beneficiary under NRS 286.660 to receive his total retirement contributions in case of death prior to actual entry into retirement.
6. Protection under [Option 2 or Option 3] optional plans may be extended to only one person prior to actual entry into retirement status.
7. Should the member enter into actual retirement status within 12 months of the effective date of protection to a beneficiary, he shall receive his allowance under the terms and conditions of the option previously selected, but the allowance payable under the option shall be recalculated upon the conditions of service and average salary obtaining as of the date of retirement, and the recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received.
κ1957 Statutes of Nevada, Page 526 (CHAPTER 315, AB 123)κ
obtaining as of the date of retirement, and the recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received.
8. Should the member enter into actual retirement status at a date in excess of 12 months after the effective date of protection, he may retire under the terms and conditions of the plan previously selected or he may be permitted to reselect a retirement plan, with a change of beneficiary if desired, and calculations in every case shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall be reduced in every case by the actuarial equivalent of the protection previously received.
Sec. 5. NRS 286.620 is hereby amended to read as follows:
286.620 1. A member of the system who has had 10 years or more of continuous service and becomes totally unable to work due to injury or mental or physical illness will receive a disability retirement allowance; provided:
(a) That he shall be in the employ of a participating member at the time of incapacitation for service; and
(b) That he shall have been in such employ for a minimum period of 6 months prior to such incapacitation unless such incapacitation shall be the result of injuries incurred in the course of such employment.
2. If 6 months or more of employment shall immediately precede the incapacitation, it shall not be required that such injury or mental or physical illness shall have arisen out of and in the course of employment.
3. [Such disability retirement allowance shall be 50 percent of the members average monthly salary for the 5 highest salaried consecutive years of his last 10 years of service if the years of service are 20 or more, but no sum in excess of $400 in any 1 calendar month or $4,800 in any 1 calendar year shall be used in calculating the average salary.] Such disability retirement allowance shall be calculated in the same manner and under the same conditions as provided for service retirement calculations in NRS 286.550, except that age shall not be a condition of eligibility.
[4. If the total years of service are less than 20, but 10 or more, the disability retirement allowance shall be prorated on the basis of 20 years.
[5.] 4. No payments under such disability retirement allowance shall be paid for the first 90 days [.]; provided, that the initial payment shall be retroactive to the last day of compensation for services received by the member.
[6.] 5. Should death occur during a period of disability any beneficiary named by the member shall receive the surplus of retirement contributions made by the member over the benefits received by the member.
[7. Notwithstanding the foregoing provisions of this section, the monthly disability retirement allowance shall not exceed $200.]
________
κ1957 Statutes of Nevada, Page 527κ
Assembly Bill No. 436Committee on Banks, Banking and Corporations
CHAPTER 316
AN ACT to amend chapters 662, 673 and 682 of NRS, respectively, relating to powers of banks and trust companies, building, savings and loan associations, and domestic insurance companies by creating new provisions relating to the power of such banks and trust companies, building, savings and loan associations, and domestic insurance companies to sell mortgage loans to the Federal National Mortgage Association, to make payments of capital contributions, to receive stock evidencing such capital contributions and to hold or dispose of such stock; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 662 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding any other provision of law, any bank or trust company organized under the laws of this state, which has as one of its principal purposes the making or purchasing of loans secured by real property mortgages, is authorized to sell such mortgage loans to the Federal National Mortgage Association, a corporation chartered by an Act of Congress, or any successor thereof, and in connection therewith to make payments of any capital contributions, required pursuant to law, in the nature of subscriptions for stock of the Federal National Mortgage Association or any successor thereof, to receive stock evidencing such capital contributions, and to hold or dispose of such stock.
Sec. 2. Chapter 673 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding any other provision of law, any building and loan association or company or savings and loan association or company organized under the laws of this state, which has as one of its principal purposes the making or purchasing of loans secured by real property mortgages, is authorized to sell such mortgage loans to the Federal National Mortgage Association, a corporation chartered by an Act of Congress, or any successor thereof, and in connection therewith to make payments of any capital contributions, required pursuant to law, in the nature of subscriptions for stock of the Federal National Mortgage Association or any successor thereof, to receive stock evidencing such capital contributions, and to hold or dispose of such stock.
Sec. 3. Chapter 682 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding any other provision of law, any domestic insurance company organized under the laws of this state, which has as one of its principal purposes the making or purchasing of loans secured by real property mortgages, is authorized to sell such mortgage loans to the Federal National Mortgage Association, a corporation chartered by an Act of Congress, or any successor thereof, and in connection therewith to make payments of any capital contributions, required pursuant to law, in the nature of subscriptions for stock of the Federal National Mortgage Association or any successor thereof, to receive stock evidencing such capital contributions, and to hold or dispose of such stock.
κ1957 Statutes of Nevada, Page 528 (CHAPTER 316, AB 436)κ
Mortgage Association or any successor thereof, to receive stock evidencing such capital contributions, and to hold or dispose of such stock.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 197Senator Johnson
CHAPTER 317
AN ACT to amend NRS section 538.400 relating to the authority of the California-Nevada interstate compact commission of the State of Nevada; authorizing acceptance of money grants for planning surveys; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 538.400 is hereby amended to read as follows:
538.400 The commissioners of the State of Nevada shall have full authority:
1. To make such investigation of the water resources within the basins of the Truckee, Carson and Walker Rivers and Lake Tahoe as may be necessary in order to determine the facts as to physical conditions obtaining upon such water resources.
2. To make reports to the legislature of the State of Nevada.
3. To perform such other duties as may be necessary to determine sufficiently such facts, and to secure the necessary information in order that they may properly perform their duties as commissioners of the State of Nevada upon the joint commission.
4. To accept grants of money from and to make contracts with any person or agency, public or private, including the United States Government, for the purpose of making planning surveys in the area as determined by the commission, and to cooperate with the appropriate federal, state and county agencies in having such planning surveys made.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 196Senator Johnson
CHAPTER 318
AN ACT to amend chapter 532 of NRS relating to the state engineer by creating a new provision relating to the continuation of a revolving fund for the operation of the office of the state engineer.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 532 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The revolving fund in an amount not to exceed $10,000, established out of the fees received from applications for permits to appropriate water and from proofs of appropriation pursuant to the provisions of chapter 107, Statutes of Nevada 1929, is hereby continued.
κ1957 Statutes of Nevada, Page 529 (CHAPTER 318, SB 196)κ
appropriate water and from proofs of appropriation pursuant to the provisions of chapter 107, Statutes of Nevada 1929, is hereby continued.
2. The money in the revolving fund may be used for the payment of emergency bills and expenses, and for no other purposes. All bills or demands paid from the fund shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state of Nevada. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of such claim or claims in favor of the state engineers revolving fund to be paid to the order of the state engineer, and the state treasurer shall pay the same.
3. The state engineer is directed to deposit the revolving fund in one or more banks of reputable standing and to secure the deposit by depositary bonds satisfactory to the state board of examiners.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 201Mr. Carruthers
CHAPTER 319
AN ACT to amend NRS sections 533.135, 533.155, 533.265, 533.270. 533.280, 533.435 and 533.450 relating to fees of state engineer, deposits required by the state engineer, certificates of relative rights to waters, commissions for stream systems, budgets for expenses for stream systems and review of orders and decisions of the state engineer, and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 533.135 is hereby amended to read as follows:
533.135 1. At the time of submission of proofs of appropriation, where the necessary maps are prepared by the state engineer, the fee [, based upon the number of acres and theoretical horsepower as set forth in such proofs,] collected from such claimants shall be [:] the actual cost of survey and preparations of maps.
[For each acre of irrigated land up to and including 100 acres....... $0.75
For each acre from 100 acres to and including 500 acres................. .50
For each acre from 500 acres to and including 1,000 acres.............. .35
For each acre in excess of 1,000 acres................................................. .25
For each theoretical horsepower up to and including 100 horsepower ....................................................................................................... .75
For each horsepower from 100 horsepower to and including 500 horsepower............................................................................................................ .50
For each horsepower from 500 horsepower to and including 1,000 horsepower....................................................................................... .35
For each horsepower in excess of 1,000 horsepower....................... .25
[2. The minimum fee, however, for any claimant shall be $10.
[3.] 2. The state engineer shall collect a fee of $10 for a proof of water used for domestic purposes or any other character of claim to water.
κ1957 Statutes of Nevada, Page 530 (CHAPTER 319, AB 201)κ
of water used for domestic purposes or any other character of claim to water. Such fee shall include the cost of recording the water right certificate in the office of the county recorder should such certificate of water right issue.
[4.] 3. All fees collected as provided in this section shall be accounted for in detail and deposited with the state treasurer once in each month, but the state engineer shall deduct and hold such an amount from the fees as may be estimated to cover the cost of recording the certificates of water right.
Sec. 2. NRS 533.155 is hereby amended to read as follows:
533.155 The state engineer [shall require a deposit of $5 per day for each party while engaged in taking evidence on objections. The amount received from such fees, or so much as may be necessary, shall be used in paying the cost of reporting and transcribing testimony. The balance, if any, shall be turned into the general fund of the state treasury with the next monthly transmittal of fees by the state engineer to the state treasurer.] shall require daily from each party while engaged in taking evidence on objections a deposit sufficient to pay the cost of reporting and transcribing testimony and to pay any necessary transportation and subsistence expenses of the reporter.
Sec. 3. NRS 533.265 is hereby amended to read as follows:
533.265 1. Upon the final determination of the relative rights in and to the waters of any stream system, the state engineer shall issue to each person represented in such determination a certificate to be signed by the state engineer, and bearing the seal of his office.
2. The certificate shall set forth:
(a) The name and post office address of the owner of the right.
(b) The date of priority.
(c) Extent and purpose of such right.
(d) If such water is for irrigation purposes, a description of the land, by legal subdivisions when possible, to which the water is appurtenant.
3. Such certificate shall be transmitted by the state engineer in person or by registered mail to the county recorder of the county in which the right is located, and the county recorder, upon the receipt of a recording fee of $1, collected as provided in NRS 533.135, shall record the same in a book especially prepared and kept for that purpose, and thereupon immediately transmit the certificate to the owner.
4. No certificate need be issued by the state engineer nor recorded when printed copies of any decree of final determination of relative rights contain a listing of the individual rights so determined.
Sec. 4. NRS 533.270 is hereby amended to read as follows:
533.270 1. There shall be appointed by the [governor, on the recommendations of the] state engineer, subject to confirmation by any court having jurisdiction, one or more commissioners for any stream system or water district subject to regulation and control by the state engineer.
2. The duties and salaries of such water commissioners shall be fixed by the state engineer and the salaries shall be paid by the State of Nevada out of the water distribution funds provided for in NRS 533.290.
κ1957 Statutes of Nevada, Page 531 (CHAPTER 319, AB 201)κ
Sec. 5. NRS 533.280 is hereby amended to read as follows:
533.280 1. The state engineer shall, between the 1st Monday of [January] October and the 1st Monday of [April] December of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of the stream system or each water district for the then current year.
2. The budget shall show the following detail:
(a) The aggregate amount estimated to be necessary to pay the expenses of the stream system or water district.
(b) The aggregate water rights in the stream system or water district as determined by the state engineer or the court.
(c) The unit charge necessary to provide the funds required.
(d) The charge against each water user, which shall be based upon the proportion which his water right bears to the aggregate water rights in the stream system; but the minimum charge shall be $1.
3. When the stream system lies in more than one county, a separate budget shall be prepared for each county showing only the claimants and charges assessable within the county.
Sec. 6. NRS 533.435 is hereby amended to read as follows:
533.435 1. The following fees shall be collected by the state engineer:
For examining and filing an application for permit to appropriate water ...................................................................................................... $25.00
The $25 fee shall include the cost of publication, which publication fee is fixed at $15.
For examining and filing an application for permit to change the point of diversion, manner of use, or place of use.............................. 30.00
The $30 fee shall include the cost of permit should the same issue thereunder, and the cost of publication of such application, which publication fee is fixed at $15.
For issuing and recording permit to appropriate water for irrigation purposes, for each acre to be irrigated, up to and including 100 acres, per acre ...................................................................................................... .10
For each acre in excess of 100 acres up to and including 1,000 acres......................................................................................... .05
For each acre in excess of 1,000........................................ .03
For issuing and recording permit for power purposes, for each theoretical horsepower to be developed................................................... .05
For issuing final certificate under permit for power purposes, for each theoretical horsepower to be developed up to and including 100 horsepower................................................................................. .25
For each horsepower in excess of 100 horsepower up to and including 1,000 horsepower.......................................................... .20
For each horsepower in excess of 1,000 horsepower.... .15
For issuing and recording permit to store water......................... 25.00
For issuing final certificate under permit to store water, for each acre-foot of water stored up to and including 1,000 acre-feet.................. .05
For each acre-foot in excess of 1,000 acre-feet............... .03For issuing and recording permit to appropriate water for any other purpose, for each second-foot of water applied for or fraction thereof.............................. $10.00
κ1957 Statutes of Nevada, Page 532 (CHAPTER 319, AB 201)κ
For issuing and recording permit to appropriate water for any other purpose, for each second-foot of water applied for or fraction thereof ...................................................................................................... $10.00
For filing secondary permit under reservoir permit..................... 5.00
For approving and recording permit under reservoir permit..... 5.00
For filing proof of commencement of work.................................. 1.00
For filing proof of completion of work.......................................... 1.00
For filing proof of beneficial use.................................................... 1.00
For filing any protest....................................................................... 10.00
For filing any application for extension of time within which to file proofs ...................................................................................................... 5.00
For filing any assignment or water right deed, for each water right assigned...................................................................................................... 1.00
For filing any other instrument...................................................... 1.00
For making copy of any document recorded or filed in his office, for the first 100 words.................................................................................... 1.00
For each additional 100 words or fraction thereof......... .20
Where the amount exceeds $5, then only the actual cost in excess of that amount shall be charged.
For certifying to copies of documents, records or maps, for each certificate...................................................................................................... 1.00
For blueprint copy of any drawing or map, per square foot...... .15
The minimum charge for a blueprint copy shall be, per print ......................................................................................... 1.00
2. When fees are not specified in subsection 1 for such other work as may be required of his office, the state engineer shall collect the actual cost of the work.
3. The sum of $10 shall be the minimum fee for issuing and recording any permit.
4. Except as otherwise provided in this subsection, all fees collected by the state engineer under the provisions of this section shall be accounted for and paid by him into the general fund of the state treasury once each month. All fees received by the state engineer for blueprint copies of any drawing or map shall be kept by him and used only to pay costs of printing and maintenance of printing equipment. Any moneys received by the state engineer as publication fees and not used by him for that purpose shall be returned to the person who paid the same. If, after exercise of due diligence, the state engineer is unable to refund such moneys to the person who paid the same, he shall pay such moneys into the general fund in the state treasury.
Sec. 7. NRS 533.450 is hereby amended to read as follows:
533.450 1. Any person feeling himself aggrieved by any order or decision of the state engineer, acting in person or through his assistants or the water commissioner, affecting his interests, when such order or decision relates to the administration of determined rights or is made pursuant to NRS 533.270 to 533.445, inclusive, may have the same reviewed by a proceeding for that purpose, insofar as may be in the nature of an appeal, which shall be initiated in the proper court of the county in which the matters affected or a portion thereof are situated; but on stream systems where a decree of court has been entered, the action shall be initiated in the court that entered the decree.
κ1957 Statutes of Nevada, Page 533 (CHAPTER 319, AB 201)κ
court of the county in which the matters affected or a portion thereof are situated; but on stream systems where a decree of court has been entered, the action shall be initiated in the court that entered the decree. Such order or decision of the state engineer shall be and remain in full force and effect unless proceedings to review the same are commenced in the proper court within 30 days following the rendition of the order or decision in question and notice thereof is given to the state engineer as provided in subsection 3.
2. The proceedings in every case shall be heard and tried by the court, and shall be informal and summary, but full opportunity to be heard shall be had before judgment is pronounced.
3. No such proceedings shall be entertained unless notice thereof, containing a statement of the substance of the order or decision complained of, and of the manner in which the same injuriously affects the petitioners interests, shall have been served upon the state engineer, personally or by registered mail, at his office at the state capital within 30 days following the rendition of the order or decision in question. A similar notice shall also be served personally or by registered mail upon the person or persons who may have been affected by such order or decision.
4. Where evidence has been filed with, or testimony taken before, that state engineer, a transcribed copy thereof, or of any specific part of the same, duly certified as a true and correct transcript in the manner provided by law, shall be received in evidence with the same effect as if the reporter were present and testified to the facts so certified. A copy of the transcript shall be furnished on demand, at actual cost, to any person affected by such order or decision, and to all other persons on payment of a reasonable amount therefor, to be fixed by the state engineer.
5. No bond shall be required except when a stay is desired, and the proceedings herein provided for shall not be a stay unless, within 5 days following the service of notice thereof, a bond shall be filed in an amount to be fixed by the court, with sureties satisfactory to such court, conditioned to perform the judgment rendered in such proceedings.
6. Costs shall be paid as in civil cases brought in the district court, except by the state engineer or the state.
7. The practice in civil cases shall apply and be consistent with the informal and summary character of such proceedings, as provided in this section.
8. Appeals may be taken to the supreme court from the judgment of the district court in the same manner and with the same effect as in other civil cases, except that notice of appeal must be served and filed within 60 days from the entry of judgment.
9. The decision of the state engineer shall be prima facie correct, and the burden of proof shall be upon the party attacking the same.
10. Whenever it shall appear to the state engineer that any litigation, whether now pending or hereafter brought, may adversely affect the rights of the public in water, he shall request the attorney general to appear and protect the interests of the state.
________
κ1957 Statutes of Nevada, Page 534κ
Assembly Bill No. 456Mr. Evans
CHAPTER 320
AN ACT to amend chapter 321 of NRS relating to the administration, control and sale of state lands by creating new provisions providing for additional records to be maintained by the state land register; providing for withholding state land for sale; requiring reports of sales; providing procedures for sales of state lands; to amend NRS section 321.220 relating to simultaneous applications to purchase state lands; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. In addition to the records required to be kept pursuant to NRS 321.040, the state land register shall maintain an index or record of deeds or other evidence of title or interest in and to all lands or interests in lands owned or acquired by the state or any department, agency or institution thereof, whether the same was acquired by purchase, gift, grant or selection, condemnation, escheat, forfeiture of contract of sale, or otherwise, including all lands or interests therein acquired by the department of highways for highway purposes.
2. With respect to lands or interests therein acquired after April 1, 1957, such index shall state the area of each parcel and the cost to the state of each parcel.
3. Every department or agency of the state shall, upon acquiring any land or interest therein, transmit to the state land register the information necessary to make such entries in the index.
Sec. 3. Notwithstanding any other provision of law, the state land register may withhold from sale any land to which the state has acquired title by any means whatsoever or decline to select any lands upon application therefor when such lands are required for the use of any state department, agency or institution or whenever he deems that the public interest so requires.
Sec. 4. 1. Notwithstanding any other provision of law, after April 1, 1957, all sales of any lands to which the State of Nevada or any department, agency or institution thereof has title, including lands theretofore subject to contracts of sale which have been forfeited, shall be governed by the provisions of this section.
2. Whenever the state land register deems it to be in the best interests of the State of Nevada, that any lands owned by the state and not used or set apart for public purposes be sold, he may cause the same to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, as hereinafter provided, at a price not less than the appraised value thereof and in no event at less than $3 per acre, plus the costs of appraisal and publication of notice of sale.
3. Before offering any such land for sale, the state land register shall cause the same to be appraised by a competent appraiser.
4. After receipt of the report of the appraiser, the state land register shall cause a notice of sale to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold is situated, and in such other newspapers as he may deem appropriate.
κ1957 Statutes of Nevada, Page 535 (CHAPTER 320, AB 456)κ
county where the land to be sold is situated, and in such other newspapers as he may deem appropriate. If there is no newspaper published in the county where the land to be sold is situated the notice shall be so published in some newspaper published in this state having a general circulation in the county where the land is situated.
5. Such notice shall contain:
(a) A description of the land to be sold;
(b) A statement of the terms of sale;
(c) A statement of whether the land will be sold at public auction or upon sealed bids to the highest bidder; and
(d) If the sale is to be at public auction, the time and place of sale; or
(e) If the sale is to be upon sealed bids, the place where such bids will be accepted, the first and last days on which the same will be accepted, and the time and place such bids will be opened.
6. The state land register may reject any bid or offer to purchase if he deems such rejection to be in the public interest.
7. Upon acceptance of any bid or offer and payment to the state land register in accordance with the terms of sale specified in the notice of sale, the state land register shall cause a patent to be issued as provided in NRS 321.310 to 321.330, inclusive, or enter into a contract of sale as provided in NRS 321.240 to 321.300, inclusive, as appropriate; but every such contract shall require that the remainder of the purchase price be paid within 25 years from the date of the contract and that such contract shall immediately be declared forfeited if any installment of principal or interest remains unpaid for a period of 6 months after the same was due and payable pursuant to the contract.
8. Nothing in this amendatory act shall apply to or affect any pending contract or application for the purchase of land from the State of Nevada, whether title thereto is in the state or the state is in the process of acquiring title thereto under any method of exchange or selection between the state and the United States or any department or agency thereof.
Sec. 5. Upon the sale of any land for cash or upon execution of any contract for the purchase of land from the state, the state land register shall forthwith transmit to the county assessor of the county in which such land is located a report setting forth a description of the land, the name of purchaser, the amount of the purchase price and a description of any improvements on such land.
Sec. 6. NRS 321.220 is hereby amended to read as follows:
321.220 1. When two or more persons severally apply to purchase the same lands, the first applicant, although not claiming a preferred right to purchase, shall be entitled to appear and contest the right of an applicant to purchase under the claim of a preferred right.
2. When two or more persons severally apply to purchase the same lands, neither claiming a preferred right, the first applicant shall be allowed to purchase. The state land register shall notify the first existing applicant, or his attorney or other legal representative, immediately upon the filing of a subsequent application for any portion of the lands embraced in his application. The notice shall be given by registered letter through the United States mails.
3. When two or more persons simultaneously apply to purchase the same lands, neither claiming a preferred right, the determination of the right to purchase shall be [submitted to a board of award consisting of the state controller, the state treasurer and] made by the state land register.
κ1957 Statutes of Nevada, Page 536 (CHAPTER 320, AB 456)κ
same lands, neither claiming a preferred right, the determination of the right to purchase shall be [submitted to a board of award consisting of the state controller, the state treasurer and] made by the state land register. [The board of award shall organize by electing from its number a chairman and a secretary. All meetings shall be held at the state capitol, and a majority of the board shall constitute a quorum.] The [board of award] state land register shall:
[(a) Prescribe rules in accordance with law for its own government and for the transaction of business.
[(b)] (a) Designate a time to receive bids from the several applicants who have simultaneously applied to purchase the lands in question.
[(c)] (b) Proceed to determine and award the right to purchase to the highest bidder.
[(d)] (c) [Direct the state land register to proceed] Proceed to complete the application of the highest bidder.
The money derived from such bids shall be added to the original deposit on each successful application.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 384Committee on Fish and Game
CHAPTER 321
AN ACT to amend NRS sections 502.060, 502.240 and 502.250 relating to the issuance of fishing, hunting and trapping licenses and fees therefor, tag fees; to amend chapter 502 of NRS relating to fishing, hunting and trapping licenses, tags and permits by creating new provisions relating to the alteration and defacement of licenses and providing penalties therefor and for the making of false statements or furnishing false information to obtain licenses; and other matters properly relating thereto.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 502.060 is hereby amended to read as follows:
502.060 1. Every person applying for and procuring a license, as provided in this chapter, shall give to the license agent his name and residence address, which information shall be entered by the license agent on the license and stub, together with a statement of the date of issuance, the number of licenses issued to such person, and a description of such person by age, height, race, and color of the eyes and hair.
2. Any person who shall make any false statement with regard to his place of residence or citizenship in applying for a hunters, anglers or trappers license shall be guilty of a misdemeanor.
3. It is unlawful for any person to hunt, fish or trap using any hunting, fishing or trapping license which is invalid by reason of expiration or a false statement made to obtain such license.
Sec. 2. NRS 502.240 is hereby amended to read as follows:
502.240 Licenses shall be issued at the following prices:
κ1957 Statutes of Nevada, Page 537 (CHAPTER 321, AB 384)κ
1. To any citizen of the United States who has been a bona fide resident of the State of Nevada for 6 months, upon the payment of [$3.50] $5 for a fishing license, [$3.50] $5 for a hunting license, and $1 for a trappers license.
2. To any alien or to any citizen of the United States, not a bona fide residence of the State of Nevada, regardless of age, upon the payment of [$5] $10 for a fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10) or $3.50 for a 5-day permit to fish, $10 for a special hunting license to hunt deer by bow and arrow and no other license shall be required, $25 for a hunting license, and $10 for a trappers license.
Sec. 3. NRS 502.250 is hereby amended to read as follows:
502.250 1. The following fees shall be in effect:
Resident deer tag for regular season............................ $2.50
Nonresident and alien deer tag for regular season........ [15.00] 25.00
Nonresident and alien deer tag for hunting deer by bow and arrow...................................................................................... 10.00
Resident tags for special season, not to exceed......... 10.00
Nonresident and alien tags for special seasons, not to exceed ...................................................................................... 15.00
2. Tags for game birds or small game animals, for special seasons, shall not exceed 25 cents per bird or animal, but shall not exceed $1 for the tags for one species in a year.
Sec. 4. Chapter 502 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. It is unlawful for any person to alter, erase or deface any license after purchase and issuance. The legal validation of big game tags or other tags shall not be considered as an alteration, erasure or defacement.
Sec. 6. Any person convicted of making false statements or furnishing false information to obtain a license shall be guilty of a misdemeanor.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 340Mr. Byrne
CHAPTER 322
AN ACT to amend NRS section 629.060 relating to the qualifications of applicants for certificates of ability in the basic sciences.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 629.060 is hereby amended to read as follows:
629.060 No certificate shall be issued by the board unless the person applying for it submits evidence, satisfactory to the board:
κ1957 Statutes of Nevada, Page 538 (CHAPTER 322, AB 340)κ
1. That he is a citizen of the United States, or a citizen of Canada. [and has declared his intention of becoming a citizen of the United States.]
2. That he is not less than 21 years old.
3. That he is a person of good moral character.
4. That before he began the study of the healing art he was graduated by an accredited high school, or that he possesses educational qualifications equivalent to those required for graduation from such an accredited high school.
5. That he has adequate knowledge of the basic sciences as shown by his passing the examination given by the board, as required by this chapter.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 179Senator Brown
CHAPTER 323
AN ACT to amend NRS section 7.350 relating to membership fees of the State Bar of Nevada to eliminate honorary memberships.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 7.350 is hereby amended to read as follows:
7.350 1. The annual membership fee for an active member shall be $10, payable on or before February 1 of each year. The board, however, has the power to increase the fee.
2. The annual membership fee for an inactive member shall be $1, payable on or before February 1 of each year. The board, however, has the power to increase the fee.
[3. Any member of the state bar who has been licensed to practice for 40 years in the State of Nevada shall become an honorary member of the state bar and shall not be required to pay any further membership fees.
[4.] 3. Upon the payment of the fees enumerated in this section, each member shall receive a certificate issued under the direction of the board evidencing such payment.
________
κ1957 Statutes of Nevada, Page 539κ
Senate Bill No. 111Senator Crumley
CHAPTER 324
AN ACT to amend NRS section 296.390 relating to the procedure for a recount in the event of a tie vote for senate, assembly, county, district or township offices; providing for another election; and other matters properly relating thereto.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 296.390 is hereby amended to read as follows:
296.390 1. When a tie exists between two or more persons for the senate or assembly, or any other county, district or township office, any of such persons shall have the right to demand of the board of county commissioners a recount of all the ballots cast for them for the office for which they were candidates. All costs for such a recount shall be paid from the county general fund in the same manner as other claims against the county are paid.
2. Demands for recount must be made within 60 days from the day of election.
3. The board of county commissioners shall conduct such a recount within 30 days after a demand has been made, and is authorized to employ such competent assistants as it may deem necessary. At least 5 days prior to such recount the board shall notify the candidates of the time and place for such proceeding in order that such persons may be present as observers.
4. The recount shall include a canvass and count of all ballots, including rejected ballots, and shall determine whether such ballots are marked as provided by law.
[3.] 5. If, after a recount has been had, the vote between them or any of them still remains a tie, the board of county commissioners shall order its clerk to give notice to the sheriff of the county, who shall immediately advertise another election, giving at least 10 days notice.
________
Senate Bill No. 177Senator Brown
CHAPTER 325
AN ACT to amend NRS section 269.250 relating to the appointment of officers and employees and the salaries thereof of fire companies and departments in unincorporated towns, and other matters properly relating thereto.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 269.250 is hereby amended to read as follows:
269.250 1. In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power and duty in any [unincoroporated] unincorporated town or city in their respective counties:
κ1957 Statutes of Nevada, Page 540 (CHAPTER 325, SB 177)κ
(a) To provide for the prevention and extinguishment of fires.
(b) To organize, regulate, establish and disband fire companies or fire departments.
(c) To provide for the payment of fire companies or fire departments, and the appointment and payment of officers thereof.
2. All payments authorized under the provisions of subsection 1 shall be made from the separate fund of the city or town where service is performed or required when such fire company or department operates in the city or town alone, and if used outside of the city or town the board of county commissioners may provide for contribution from general county funds if provided for in the county budget.
3. A majority of the board of county commissioners shall name and appoint two-thirds of all such officers and employees, and the minority thereof shall name and appoint one-third.
4. [The chief engineer of the fire department shall receive compensation in a sum not to exceed $250 per month. The assistant engineer of the fire department shall receive compensation in a sum not to exceed $225 per month. All other employees of the fire department shall receive compensation in a sum not to exceed $200 per month.] The fire chief and the personnel of the fire department shall receive such compensation as the board of county commissioners shall prescribe.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 190Committee on Finance
CHAPTER 326
AN ACT to amend NRS sections 2.220, 225.050, 226.090, 227.060, 228.070, 229.040, 344.020 and 512.070 relating to the salaries of the clerk of the supreme court, the secretary of state, the state treasurer, the state controller, the attorney general, the surveyor general, the superintendent of state printing and the inspector of mines.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.220 is hereby amended to read as follows:
2.220 1. The annual salary of the clerk of the supreme court shall be $6,600. From and after the expiration of the present term of the clerk of the supreme court, his successor and successors in office thereafter shall receive an annual salary of [$7,200.] $8,000.
2. From [July 1, 1955,] the effective date of this amendatory act until 12 p. m. of the 1st Monday of January 1959, the clerk of the supreme court as ex officio reporter of decisions shall receive an annual salary of [$600,] $1,400, payable out of the general fund at the times and in the manner provided by law.
Sec. 2. NRS 225.050 is hereby amended to read as follows:
225.050 1. The annual salary of the secretary of state shall be $6,600.
κ1957 Statutes of Nevada, Page 541 (CHAPTER 326, SB 190)κ
$6,600. From and after the expiration of the present term of the secretary of state, his successor and successors in office thereafter shall receive an annual salary of [$8,000.] $10,000.
2. From [July 1, 1955,] the effective date of this amendatory act until 12 p. m. of the 1st Monday of January 1959, the secretary of state as ex officio secretary of the state bond trust administration shall receive an annual salary of [$1,400,] $3,400, payable from the general fund at the times and in the manner provided by law.
Sec. 3. NRS 226.090 is hereby amended to read as follows:
226.090 1. The annual salary of the state treasurer shall be $6,600. From and after the expiration of the present term of the state treasurer, his successor and successors in office thereafter shall receive an annual salary of [$8,000.] $10,000.
2. From [July 1, 1955,] the effective date of this amendatory act until 12 p. m. of the 1st Monday of January 1959, the state treasurer as ex officio state disbursing officer for the Federal Government shall receive an annual salary of [$1,400,] $3,400, payable from the general fund at the times and in the manner provided by law.
Sec. 4. NRS 227.060 is hereby amended to read as follows:
227.060 1. The annual salary of the state controller shall be $6,600. From and after the expiration of the present term of the state controller, his successor and successors in office thereafter shall receive an annual salary of [$8,000.] $10,000.
2. From [July 1, 1955,] the effective date of this amendatory act until 12 p. m. of the 1st Monday of January 1959, the state controller as ex officio state fiscal officer shall receive an annual salary of [$1,400,] $3,400, payable from the general fund at the times and in the manner provided by law.
Sec. 5. NRS 228.070 is hereby amended to read as follows:
228.070 1. The annual salary of the attorney general shall be $7,000. From and after the expiration of the present term of the attorney general, his successor and successors in office thereafter shall receive an annual salary of [$8,400.] $15,000, but shall not engage in the private practice of law.
2. From [July 1, 1955,] the effective date of this amendatory act until 12 p. m. of the 1st Monday of January 1959, the attorney general as an ex officio director of the department of highways shall receive an annual salary of [$1,400,] $6,500, payable from the general fund at the times and in the manner provided by law.
Sec. 6. NRS 344.020 is hereby amended to read as follows:
344.020 1. The annual salary of the superintendent of state printing shall be $6,600. From and after the expiration of the present term of the superintendent of state printing, his successor and successors in office shall receive an annual salary of [$8,000.] $10,000.
2. From [July 1, 1955,] the effective date of this amendatory act until 12 p. m. of the 1st Monday of January 1959, the superintendent of state printing shall receive an added annual salary of [$1,400,] $3,400, payable from the general fund at the times and in the manner provided by law.
Sec. 7. NRS 512.070 is hereby amended to read as follows:
κ1957 Statutes of Nevada, Page 542 (CHAPTER 326, SB 190)κ
512.070 1. The annual salary of the inspector of mines shall be $6,600. From and after the expiration of the present term of the inspector of mines, his successor and successors in office thereafter shall receive an annual salary of $10,000.
2. From [July 1, 1955,] the effective date of this amendatory act [to midnight] until 12 p. m. of the 1st Monday of January [,] 1959, the inspector of mines shall receive an added annual salary of [$1,400] $3,400 to be paid from the general fund.
[3. From and after the expiration of the present term of the inspector of mines, his successor and successors in office thereafter shall receive an annual salary of $8,000.]
Sec. 8. This act shall become effective July 1, 1957.
________
Senate Bill No. 202Committee on Judiciary
CHAPTER 327
AN ACT to amend NRS section 433.630 relating to the abuse of patients, intoxication of employees and transactions with patients of the Nevada state hospital.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.630 is hereby amended to read as follows:
433.630 1. Any person or employee of the hospital:
(a) Who willfully abuses a patient of the hospital; or
(b) Who brings intoxicating beverages into buildings occupied by patients; or
(c) Who is under the influence of liquor while employed in contact with patients; or
(d) Who enters into any transaction with a committed patient involving the transfer of money or property for personal use or gain at the expense of such committed patient [,] ; or
(e) Who contrives the escape, elopement, or absence of a patient, or who has, or attempts to have carnal knowledge or intercourse with a patient, whether with or without the consent of such patient, and in all cases not constituting attempted rape, or rape,
shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both imprisonment and fine.
2. Any person who is convicted of a misdemeanor under this section shall, for a period of 5 years, be ineligible for appointment to or employment in a position in the state service, and, if he is an officer or employee of the state, he shall forfeit his office or position.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 543κ
Senate Bill No. 212Committee on Finance
CHAPTER 328
AN ACT to amend NRS sections 2.050 and 2.300 relating to the supreme court, the salaries of the justices thereof and their power to employ stenographic clerks and law clerks.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.050 is hereby amended to read as follows:
2.050 From and after the expiration of the present term of each justice of the supreme court, his successor and successors in office thereafter shall receive a salary of [$15,000] $18,000 a year, payable in equal semimonthly installments as other state officers are paid.
Sec. 2. NRS 2.300 is hereby amended to read as follows:
2.300 The supreme court, or a majority thereof, is authorized to employ two stenographic clerks [.] and two law clerks.
________
Senate Bill No. 215Committee on Finance
CHAPTER 329
AN ACT to amend NRS sections 220.030, 220.130 and 220.150 relating to the salaries of the members of the statute revision commission, the printing and sales of Nevada Revised Statutes and the printing and binding fund of the statute revision commission.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 220.030 is hereby amended to read as follows:
220.030 [1. The member of the commission who is chief justice of the supreme court for the period from March 26, 1955, to January 1, 1957, shall receive an annual salary of $8,500.
[2. The member of the commission who is chief justice of the supreme court for the period from January 1, 1957, to July 1, 1957, shall receive an annual salary of $6,500.
[3. The member of the commission who is senior justice of the supreme court for the period from March 26, 1955, to January 1, 1957, shall receive an annual salary of $6,500.
[4. The member of the commission who is senior justice of the supreme court for the period from January 1, 1957, to July 1, 1957, shall receive an annual salary of $1,500.
[5. The member of the commission who is junior justice of the supreme court for the period from March 26, 1955, to January 1, 1957, shall receive an annual salary of $1,500.
[6. The member of the commission who is junior justice of the supreme court for the period from January 1, 1957, to July 1, 1957, shall receive an annual salary of $1,500.] 1. The member whose annual salary as a justice of the supreme court is fixed by statute in the sum of $10,000 shall, as a member of the commission, receive an annual salary of $8,000.
κ1957 Statutes of Nevada, Page 544 (CHAPTER 329, SB 215)κ
of $10,000 shall, as a member of the commission, receive an annual salary of $8,000.
2. The other members shall each receive an annual salary of $3,000.
3. Any member whose annual salary as a justice of the supreme court is fixed by statute in the sum of $18,000 shall receive no salary as a member of the commission.
[7.] 4. The salaries herein provided for shall be paid out of any appropriation heretofore or hereafter made by direct legislative appropriation from the general fund.
Sec. 2. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of Nevada Revised Statutes, the commission is authorized and directed to have the same printed, lithoprinted or reproduced by any other process at the state printing office. Sufficient copies of each page shall be printed or reproduced so that there shall be bound 2,500 copies of each volume of Nevada Revised Statutes [.] , and 1,000 copies of each volume of citations to and annotations of decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision and the digest of cases decided by the Nevada supreme court.
2. Upon completion of the final printing or other reproduction the separate volumes shall be bound as required in this chapter and [forwarded to the secretary of state] retained by the director for safekeeping and disposition. The secretary of state shall sell each set at a price to be set by the commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the general fund.
3. A master copy of Nevada Revised Statutes shall be kept in the office of the commission, and the master copy shall not be removed from the office except in the custody of a member of the commission or the director thereof.
Sec. 3. NRS 220.150 is hereby amended to read as follows:
220.150 Notwithstanding any of the provisions of chapter 294, Statutes of Nevada 1953, at page 460, chapter 324, Statutes of Nevada 1955, at page 536, chapter 9, Statutes of Nevada 1956, at page 11, and chapter 66, Statutes of Nevada 1957, any unexpended [balance] balances of the [appropriation] appropriations made to the commission by section 41 of chapter 294, Statutes of Nevada 1953, at page 463, section 40 of chapter 324, Statutes of Nevada 1955, at page 538, chapter 9, Statutes of Nevada 1956, at page 11, and chapter 66, Statutes of Nevada 1957, shall not revert to the general fund on July 1, [1955,] 1957, but shall be placed to the credit of the commission in the state treasury in a fund hereby created and designated as the statute revision commission printing and binding fund, which fund shall be used only for the payment of the costs of printing and binding of the Nevada Revised Statutes, supplements thereto, annotations and digest and supplements thereto, together with necessary equipment and services directly connected therewith, in the manner provided by this chapter.
Sec. 4. Sections 2 and 3 of this act shall become effective upon passage and approval. Section 1 of this act shall become effective on July 1, 1957.
________
κ1957 Statutes of Nevada, Page 545κ
Assembly Bill No. 131Mr. Waters
CHAPTER 330
AN ACT appropriating moneys from the general fund and the state highway fund of the State of Nevada for the purpose of providing salary increases for classified employees of the State of Nevada for the biennium beginning July 1, 1957, and ending June 30, 1959; and other matters properly relating thereto.
[Approved March 29, 1957]
Whereas, Chapter 284 of NRS, creating a state department of personnel, was enacted for the purpose of providing all citizens a fair and equal opportunity for public service, establishing conditions of service to attract officers and employees of character and ability, establishing uniform job and salary classifications, and increasing the efficiency and economy of governmental departments and agencies by the improvement of methods of personnel administration; and
Whereas, Recently the state department of personnel has completed a salary survey to provide information on current wages for comparable employment in private industry and other government agencies; and
Whereas, The result of such survey show that wages have increased in private industry 8.67 percent in the past 12 months in Nevada, and that salaries and wages are continuing to rise in industry and the increases are becoming larger; and
Whereas, These factors clearly indicate that a general 5 percent or one-grade salary increase will be warranted for most state employees for the 1957-1958 fiscal year, which will require for the biennium commencing July 1, 1957, an appropriation of $374,560 from the general fund and $48,928 from the state highway fund; now therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. (a) Except as otherwise provided in sections 2 and 3, there is hereby appropriated from any money in the general fund in the state treasury not otherwise appropriated, for the period from July 1, 1957, to June 30, 1959, the sum of $374,560 for the purpose of meeting any deficiencies which may be created between the appropriated funds of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 48th session of the legislature, and the salary requirements of classified personnel of such departments, commissions and agencies needed under an adjusted pay plan to become effective on or after July 1, 1957.
(b) The state board of examiners, upon the recommendation of the director of the state department of personnel, is authorized to allocate and disburse, on a quarterly basis, to the various departments, commissions and agencies of the State of Nevada, out of the sum of $374,560 herein appropriated, such sums of money as may from time to time be required, which when added to the funds appropriated or available shall equal the amount of money required quarterly to meet and pay the salary needs of such respective departments, commissions and agencies under the approved adjusted pay plan.
κ1957 Statutes of Nevada, Page 546 (CHAPTER 330, AB 131)κ
Sec. 2. (a) There is hereby appropriated from any money in the state highway fund not otherwise appropriated, for the period from July 1, 1957, to June 30, 1959, the sum of $44,923 for the purpose of meeting any deficiencies which may exist between the appropriated funds of the Nevada highway patrol division, the drivers license division and the motor vehicle division of the public service commission of Nevada (or any department to which such divisions may be transferred by law) as fixed by the 48th session of the legislature, and the salary requirements of classified personnel of those divisions needed under an adjusted pay plan to become effective on or after July 1, 1957.
(b) The state board of examiners, upon the recommendation of the director of the state department of personnel, is authorized to allocate and disburse, on a quarterly basis, to the divisions of the public service commission of Nevada (or any department to which such divisions may be transferred by law) named in paragraph (a) of this section, out of the sum of $44,923 herein appropriated, such sums of money as may from time to time be required, which when added to the funds appropriated or available shall equal the amount of money required quarterly to meet and pay the salary needs of such divisions under the approved adjusted pay plan.
Sec. 3. (a) There is hereby appropriated from any money in the state highway fund not otherwise appropriated, for the period from July 1, 1957, to June 30, 1959, the sum of $4,005 for the purpose of meeting any deficiencies which may exist between the appropriated funds of the Nevada tax commission (or any department to which such functions may be transferred by law) for the administration of the gasoline tax, special fuel tax and county gasoline tax, as fixed by the 48th session of the legislature, and the salary requirements of classified personnel of the Nevada tax commission, (or any department to which such functions may be transferred by law) employed to administer the gasoline tax, special fuel tax and county gasoline tax, needed under an adjusted pay plan to become effective on or after July 1, 1957.
(b) The state board of examiners, upon the recommendation of the director of the state department of personnel, is authorized to allocate and disburse, on a quarterly basis, to the Nevada tax commission, (or to any department to which such functions may be transferred by law) out of the sum of $4,005 herein appropriated, such sums of money as may from time to time be required, which when added to the funds appropriated or available shall equal the amount of money required quarterly to meet and pay the salary needs of the Nevada tax commission (or any department to which such functions may be transferred by law) in administering the gasoline tax, special fuel tax and county gasoline tax under the approved adjusted pay plan.
Sec. 4. Any moneys appropriated by section 1 remaining unexpended on June 30, 1959, shall revert to the general fund. Any moneys appropriated by sections 2 and 3 remaining unexpended on June 30, 1959, shall revert to the state highway fund.
Sec. 5. This act shall become effective on July 1, 1957.
________
κ1957 Statutes of Nevada, Page 547κ
Assembly Bill No. 463Messrs. Pozzi, Barnum and Vaughan
CHAPTER 331
AN ACT to amend NRS section 645.140 relating to expenses of members of the Nevada real estate commission; and other matters properly relating thereto.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.140 is hereby amended to read as follows:
645.140 1. All fees and charges received by the commission shall be deposited in a fund to be known as the Nevada real estate commission fund.
2. The commission is empowered to expend the fund for the requirements, purposes and expenses of the commission [,] . [including actual traveling expenses and compensation for each day or fraction thereof in the sum of $10 per diem, not exceeding, however,] Travel and per diem expenses shall be paid in accordance with NRS 281.160 and 281.170 [$100 per diem compensation per annum of] to members in attending meetings or transacting other business of the commission, upon vouchers signed by the secretary-treasurer and countersigned by the president or a member of the commission. In addition, members shall receive a salary not to exceed $20 per day while in attendance at regular or special meetings of the commission.
3. Total expenditures for any purpose shall not exceed total collections by the commission.
________
Assembly Bill No. 484Ormsby County Delegation
CHAPTER 332
AN ACT to amend an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 16 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 202, Statutes of Nevada 1929, at page 370, is hereby amended to read as follows:
Section 16. The justice of the peace of Carson township, Ormsby County, shall, in addition to the duties now imposed upon him by law, act as the recorder of Carson City, and shall be ex officio the city recorder, with the like jurisdiction as commonly conferred upon recorders courts in municipal corporations, subject to appeals taken to the district court, as from justices of the peace. He shall receive a monthly salary of $100. The recorder of Carson City shall have power to issue all warrants, writs, and process necessary to a complete and effective exercise of the jurisdiction of said court, and may punish for contempt in like manner and with the same effect as is provided by general law for justices of the peace.
κ1957 Statutes of Nevada, Page 548 (CHAPTER 332, AB 484)κ
contempt in like manner and with the same effect as is provided by general law for justices of the peace. He shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall prepare bonds, justify bail, and administer all oaths. He shall render monthly or oftener as the board of trustees may prescribe, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as fines uncollected, since his last report, and shall, at the same time, render and pay unto the city treasurer all fines collected and money received on behalf of the city since the last report.
Sec. 2. This act shall become effective on July 1, 1957, if by a majority vote of the qualified voters of offices of Ormsby County, Carson Township and Carson City are separated at the municipal election to be held in May 1957 in Carson City, Nevada, but if such offices are not so separated then this act shall not become effective for any purpose.
________
Assembly Bill No. 487Ormsby County Delegation
CHAPTER 333
AN ACT to amend chapter 6 of NRS relating to juries by creating a new provision relating to impaneling of grand juries to investigate the conduct of state affairs, and providing for the expenses of such grand juries.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 6 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Upon request of the governor, or of the legislature by concurrent resolution, the district judge of any county shall cause a grand jury to be impaneled in the same manner as other grand juries are impaneled, except that the sole duty of a grand jury impaneled under the provisions of this section shall limit its investigations to state affairs, and to the conduct of state officers and employees. The report of such grand jury shall be transmitted to the governor and the legislature.
2. The expenses of a grand jury impaneled under the provisions of this section shall be a charge against the general fund of the state, to be certified by the district judge and paid on claims.
________
κ1957 Statutes of Nevada, Page 549κ
Assembly Bill No. 501Committee on Ways and Means
CHAPTER 334
AN ACT to amend NRS section 417.060 relating to the salaries of the veterans service commissioner and the deputy veterans service commissioner, increasing the amounts thereof, and other matters properly relating thereto.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 417.060 is hereby amended to read as follows:
417.060 1. The commission shall receive an annual salary of [$6,000.] $6,600.
2. The deputy commissioner shall receive an annual salary of [$6,000.] $6,600.
________
Assembly Bill No. 71Clark County Delegation
CHAPTER 335
AN ACT to amend Title 22 of NRS relating to joint exercise of powers and duties by public agencies and planning and zoning, by adding a new chapter thereto relating to the rehabilitation, clearance and redevelopment of slums and blighted areas in cities, towns and counties in accordance with urban renewal plans approved by the governing bodies thereof; defining the duties, liabilities, exemptions and powers of such cities and towns in undertaking such activities, including the power to acquire property through the exercise of the power of eminent domain or otherwise, to dispose of property subject to any restrictions deemed necessary to prevent the development or spread of future slums or blighted areas, to issue bonds and other obligations and give security therefor, to levy taxes and assessments and to enter into agreements to secure federal aid and comply with conditions imposed in connection therewith; providing for an urban renewal agency or a housing authority to exercise powers hereunder if a city or town determines it to be in the public interest; authorizing public bodies to furnish funds, services, facilities and property in aid of urban renewal projects; authorizing cities and towns to obtain funds therefor by the issuance of obligations, by taxation or otherwise; providing that securities issued, and properties while held, by a public agency hereunder shall be exempt from taxation; and other matters properly relating thereto.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 22 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 39, inclusive, of this act.
Sec. 2. This act shall be known and may be cited as the Urban Renewal Law.
Sec. 3. The terms defined in sections 4 to 23, inclusive, of this act wherever used or referred to in this act, shall have the meanings set forth in such sections, unless a different meaning is clearly indicated by the context.
κ1957 Statutes of Nevada, Page 550 (CHAPTER 335, AB 71)κ
Sec. 4. Agency or urban renewal agency means a public agency created by section 38 of this act.
Sec. 5. Municipality means any county, incorporated city or town in the state.
Sec. 6. Public body means the state or any municipality, township, village, board, commission, authority, district, or any other subdivision or public body of the state.
Sec. 7. Local governing body means the council or other legislative body charged with governing the municipality.
Sec. 8. Mayor means the mayor of a municipality or other officer or body having the duties customarily imposed upon the executive head of a municipality.
Sec. 9. Clerk means the clerk or other official of the municipality who is the custodian of the official records of such municipality.
Sec. 10. Federal Government includes the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
Sec. 11. Slum area means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare.
Sec. 12. Blighted area means an area which, by reason of the presence of a substantial number of slum, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use. If such blighted area consists of open land, the conditions contained in subsection 5 of section 28 shall apply. Any disaster area referred to in subsection 8 of section 28 shall constitute a blighted area.
Sec. 13. Urban renewal project may include undertakings and activities of a municipality in an urban renewal area for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings and activities may include:
1. Acquisition of a slum area or a blighted area or portion thereof.
2. Demolition and removal of buildings and improvements.
κ1957 Statutes of Nevada, Page 551 (CHAPTER 335, AB 71)κ
3. Installation, construction or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this act in accordance with the urban renewal plan.
4. Disposition of any property acquired in the urban renewal area, including sale, initial leasing or retention by the municipality itself, at its fair value for uses in accordance with the urban renewal plan.
5. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan.
6. Acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities.
Sec. 14. Urban renewal area means a slum area or a blighted area or a combination thereof which the local governing body designates as appropriate for an urban renewal project.
Sec. 15. Urban renewal plan means a plan, as it exists from time to time, for an urban renewal project, which plan:
1. Shall conform to the general plan for the municipality as a whole except as provided in subsection 8 of section 28; and
2. Shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plans relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.
Sec. 16. Real property includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, right and use, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise.
Sec. 17. Bonds means any bonds, including refunding bonds, notes, interim certificates, certificates of indebtedness, debentures or other obligations.
Sec. 18. Obligee includes any bondholder, agents or trustees for any bondholders, or lessor demising to the municipality property used in connection with an urban renewal project, or any assignee or assignees of such lessors interest or any part thereof, and the Federal Government when it is a party to any contract with the municipality.
Sec. 19. Person means any individual, firm, partnership, corporation, company, association, joint-stock association, or body politic, and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity.
Sec. 20. Area of operation means:
1. In the case of a city or town, the area within such city or town and the area within 5 miles of the territorial boundaries thereof, except that it shall not include any area which lies within the territorial boundaries of another city or town unless a resolution shall have been adopted by the governing body of such other city or town declaring a need therefor.
κ1957 Statutes of Nevada, Page 552 (CHAPTER 335, AB 71)κ
adopted by the governing body of such other city or town declaring a need therefor.
2. In the case of a county, the area within the territorial boundaries of such county, except that it shall not include any area which lies within the territorial boundaries of any city or town within such county unless a resolution shall have been adopted by the governing body of such city or town declaring a need therefor.
Sec. 21. Housing authority means a housing authority created by and established pursuant to chapter 315 of NRS.
Sec. 22. Board or commission means a board, commission, department, division, office, body or other unit of the municipality.
Sec. 23. Public officer means any officer who is in charge of any department or branch of the government of the municipality relating to health, fire, building regulations, or to other activities concerning dwellings in the municipality.
Sec. 24. 1. It is hereby found and declared that there exist in municipalities of the state slum and blighted areas which constitute a serious and growing menace and which are injurious to the public health, safety, morals and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous municipal burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of state policy and state concern in order that the state and its municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of their revenues because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities.
2. It is further found and declared that certain slum or blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this act, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this act, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; and that salvable sum and blighted areas can be conserved and rehabilitated through appropriate public action as herein authorized, and the cooperation and voluntary action of the owners and tenants of property in such areas.
3. It is further found and declared that the powers conferred by this act are for public uses and purposes for which public money may be expended and the power of eminent domain and police power exercised, and that the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.
Sec. 25. A municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this act, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by private enterprise.
κ1957 Statutes of Nevada, Page 553 (CHAPTER 335, AB 71)κ
feasible in carrying out the provisions of this act, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by private enterprise. A municipality shall give consideration to this objective in exercising its powers under this act, including the formulation of a workable program, the approval of urban renewal plans, consistent with the general plan of the municipality, the exercise of its zoning powers, the enforcement of other laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the provision of necessary public improvements.
Sec. 26. 1. A municipality, for the purposes of this act, may formulate for the municipality a workable program for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of slum and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program.
2. Such workable program may include, without limitation, provision for:
(a) Prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning and occupancy controls and standards.
(b) Rehabilitation or conservation of slum and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds and other public improvements, by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures.
(c) Clearance and redevelopment of slum and blighted areas or portions thereof.
Sec. 27. No municipality shall exercise the authority hereafter conferred upon municipalities by this act until after its local governing body shall have adopted a resolution finding that:
1. One or more slum or blighted areas exist in such municipality; and
2. The rehabilitation, conservation, redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of such municipality.
Sec. 28. 1. A municipality shall not approve an urban renewal project for an urban renewal area unless the governing body has, by resolution, determined such area to be a slum area or a blighted area or a combination thereof and designated such area as appropriate for an urban renewal project. For this purpose and other municipal purposes, authority is hereby vested in every municipality to prepare, to adopt and to revise, from time to time, a general plan for the physical development of the municipality as a whole, giving due regard to the environs and metropolitan surroundings; to establish and maintain a planning commission for such purpose and related municipal planning activities; and to make available and to appropriate necessary funds therefor. A municipality shall not acquire real property for an urban renewal project unless the local governing body has approved the urban renewal project in accordance with subsection 4 hereof.
κ1957 Statutes of Nevada, Page 554 (CHAPTER 335, AB 71)κ
urban renewal project unless the local governing body has approved the urban renewal project in accordance with subsection 4 hereof.
2. The municipality may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to a municipality. Prior to its approval of an urban renewal project, the local governing body shall submit such plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within 30 days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission or if no recommendations are received within 30 days, then without such recommendations, the local governing body may proceed with the hearing on the proposed urban renewal project prescribed by subsection 3 hereof.
3. The local governing body shall hold a public hearing on an urban renewal project, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality. The notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the plan, and shall outline the general scope of the urban renewal project under consideration.
4. Following such hearing, the local governing body may approve an urban renewal project if it finds that:
(a) A feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families;
(b) The urban renewal plan conforms to the general plan of the municipality as a whole; and
(c) The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise.
5. If the urban renewal area consists of an area of open land to be acquired by the municipality, such area shall not be so acquired unless:
(a) If it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or
(b) If it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this act, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or fault lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area.
κ1957 Statutes of Nevada, Page 555 (CHAPTER 335, AB 71)κ
and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this act, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or fault lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area.
6. An urban renewal plan may be modified at any time; but if modified after the lease or sale by the municipality of real property in the urban renewal project area, such modification may be conditioned upon such approval of the owner, lessee or successor in interest as the municipality may deem advisable, and in any event shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert.
7. Upon the approval by a municipality of an urban renewal plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective urban renewal area and the municipality may then cause such plan or modification to be carried out in accordance with its terms.
8. Notwithstanding any other provisions of this act, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm or other catastrophe respecting which the governor has certified the need for disaster assistance under the provisions of an Act of Congress entitled An Act to authorize Federal assistance to state and local governments in major disasters, and for other purposes, approved September 30, 1950, being c. 1125, 64 Stat. 1109, also designated as 42 U.S.C.A. §§ 1855 to 1855g, inclusive, as amended or supplemented, or other federal law, the local governing body may approve an urban renewal plan and an urban renewal project with respect to such area without regard to the provisions of subsections 4 and 5 of this section and the provisions of this section requiring a general plan for the municipality and a public hearing on the urban renewal project.
Sec. 29. Every municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act, including the following powers in addition to others herein granted:
1. To undertake and carry out urban renewal projects within its area of operation; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this act; and to disseminate slum clearance and urban renewal information.
2. To provide or to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with an urban renewal project; to install, construct and reconstruct streets, utilities, parks, playgrounds, and other public improvements; and to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of an urban renewal project, and to include in any contract let in connection with such a project provisions to fulfill such of those conditions as it may deem reasonable and appropriate.
κ1957 Statutes of Nevada, Page 556 (CHAPTER 335, AB 71)κ
struct streets, utilities, parks, playgrounds, and other public improvements; and to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of an urban renewal project, and to include in any contract let in connection with such a project provisions to fulfill such of those conditions as it may deem reasonable and appropriate.
3. Within its area of operation, to enter into any building or property in any urban renewal area in order to make inspections, surveys, appraisals, soundings or test borings, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; to acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain or otherwise, any real property, or personal property for its administrative purposes, together with any improvements thereon; to hold, improve, clear or prepare for redevelopment any such property; to mortgage, pledge, hypothecate or otherwise encumber or dispose of any real property; to insure or provide for the insurance of any real or personal property or operations of the municipality against any risks or hazards, including the power to pay premiums on any such insurance; and to enter into any contracts necessary to effectuate the purposes of this act. No statutory provision with respect to the acquisition, clearance or disposition of property by public bodies shall restrict a municipality, or other public body exercising powers hereunder, in the exercise of such functions with respect to an urban renewal project, unless the legislature shall specifically so state.
4. To invest any urban renewal project funds held in reserves or sinking funds, or any such funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; and to redeem such bonds as have been issued pursuant to section 32 of this act at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled.
5. To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance from the Federal Government, the state, county, or other public body, or from any sources, public or private, for the purposes of this act, and to give such security as may be required and to enter into and carry out contracts in connection therewith. A municipality may include in any contract for financial assistance with the Federal Government for an urban renewal project such conditions imposed pursuant to federal laws as the municipality may deem reasonable and appropriate and which are not inconsistent with the purposes of this act.
6. Within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes of this act and to contract with any person, public or private, in making and carrying out such plans and to adopt or approve, modify and amend such plans. Such plans may include, without limitation:
(a) A general plan for the locality as a whole.
(b) Urban renewal plans.
κ1957 Statutes of Nevada, Page 557 (CHAPTER 335, AB 71)κ
(c) Preliminary plans outlining urban renewal activities for neighborhoods to embrace two or more urban renewal areas.
(d) Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements.
(e) Plans for the enforcement of state and local laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition or removal of buildings and improvements.
(f) Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of urban renewal projects.
The municipality is authorized to develop, test and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and urban blight and to apply for, accept and utilize grants of funds from the Federal Government for such purposes.
7. To prepare plans for the relocation of persons, including families, business concerns and others, displaced by an urban renewal project, and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the Federal Government.
8. To appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this act and to levy taxes and assessments for such purposes; to zone or rezone any part of the municipality or make exceptions from building regulations; and to enter into agreements with a housing authority or an urban renewal agency vested with urban renewal project powers under section 37 of this act, which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary, respecting action to be taken by such municipality pursuant to any of the powers granted by this act.
9. To close, vacate, plan or replan streets, roads, sidewalks, ways or other places; and to plan or replan any part of the municipality.
10. Within its area of operation, to organize, coordinate and direct the administration of the provisions of this act as they apply to such municipality in order that the objective of remedying slum and blighted areas and preventing the causes thereof within such municipality may be most effectively promoted and achieved, and to establish such new office or offices of the municipality or to reorganize existing offices in order to carry out such purpose most effectively.
11. To exercise all or any part or combination of powers herein granted.
Sec. 30. 1. A municipality shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with an urban renewal project under this act. A municipality may exercise the power of eminent domain in the manner provided in chapter 37 of NRS, or it may exercise the power of eminent domain in the manner now or which may be hereafter provided by any other statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired in like manner; but no real property belonging to the state, or any political subdivision thereof, may be acquired without its consent.
κ1957 Statutes of Nevada, Page 558 (CHAPTER 335, AB 71)κ
no real property belonging to the state, or any political subdivision thereof, may be acquired without its consent.
2. In any proceeding to fix or assess compensation for damages for the taking or damaging of property, or any interest therein, through the exercise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters shall be admissible and shall be considered in fixing such compensation or damages, in addition to evidence or testimony otherwise admissible:
(a) Any use, condition, occupancy or operation of such property which is unlawful or violative of, or subject to elimination, abatement, prohibition, or correction under, any law or any ordinance or regulatory measure of the state, county, municipality, other political subdivision, or any agency thereof, in which such property is located, as being unsafe, substandard, insanitary or otherwise contrary to the public health, safety or welfare.
(b) The effect on the value of such property of any such use, condition, occupancy, or operation, or of the elimination, abatement, prohibition, or correction of any such use, condition, occupancy, or operation.
3. The foregoing testimony and evidence shall be admissible notwithstanding that no action has been taken by any public body or public officer toward the abatement, prohibition, elimination or correction of any such use, condition, occupancy or operation. Testimony or evidence that any public body or public officer charged with the duty or authority so to do has rendered, made or issued any judgment, decree, determination or order for the abatement, prohibition, elimination or correction of any such use, condition, occupancy or operation shall be admissible and shall be prima facie evidence of the existence and character of such use, condition or operation.
Sec. 31. 1. A municipality may sell, lease or otherwise transfer real property or any interest therein acquired by it, and may enter into contracts with respect thereto, in an urban renewal area for residential, recreational, commercial, industrial or other uses or for public use, or may retain such property or interest for public use, in accordance with the urban renewal plan, subject to such convenants, conditions and restrictions, including covenants running with the land, as it may deem to be necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this act; but such sale, lease, other transfer, or retention, and any agreement relating thereto, may be made only after the approval of the urban renewal plan by the local governing body. The purchasers or lessees and their successors and assigns shall be obligated to devote such real property only to the uses specified in the urban renewal plan, and may be obligated to comply with such other requirements as the municipality may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the urban renewal plan. Such real property or interest shall be sold, leased, otherwise transferred, or retained at not less than its fair value for uses in accordance with the urban renewal plan. In determining the fair value of real property for uses in accordance with the urban renewal plan, a municipality shall take into account and give consideration to the uses provided in such plan; the restrictions upon, and the covenants, conditions and obligations assumed by the purchaser or lessee or by the municipality retaining, the property; and the objectives of such plan for the prevention of the recurrence of slum or blighted areas.
κ1957 Statutes of Nevada, Page 559 (CHAPTER 335, AB 71)κ
renewal plan, a municipality shall take into account and give consideration to the uses provided in such plan; the restrictions upon, and the covenants, conditions and obligations assumed by the purchaser or lessee or by the municipality retaining, the property; and the objectives of such plan for the prevention of the recurrence of slum or blighted areas. The municipality in any instrument of conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, lease or otherwise transfer the real property without the prior written consent of the municipality until he has completed the construction of any or all improvements which he has obligated himself to construct thereon. Real property acquired by a municipality which, in accordance with the provisions of the urban renewal plan, is to be transferred shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban renewal plan. Any contract for such transfer and the urban renewal plan, or such part or parts of such contract or plan as the municipality may determine, may be recorded in the land records of the county in such manner as to afford actual or constructive notice thereof.
2. A municipality may dispose of real property in an urban renewal area to private persons only under such reasonable competitive bidding procedures as it shall prescribe or as hereinafter provided in this subsection. A municipality may, by public notice by publication in a newspaper have a general circulation in the community 30 days prior to the execution of any contract to sell, lease or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect thereto under the provisions of this section, invite proposals from and make available all pertinent information to private redevelopers or any persons interested in undertaking to redevelop or rehabilitate an urban renewal area, or any part thereof. Such notice shall identify the area, or portion thereof, and shall state that proposals shall be made by those interested within 30 days after the date of publication of the notice, and that such further information as is available may be obtained at such office as shall be designated in the notice. The municipality shall consider all such redevelopment or rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out, and may negotiate with any persons for proposals for the purchase, lease or other transfer of any real property acquired by the municipality in the urban renewal area. The municipality may accept such proposal as it deems to be in the public interest and in furtherance of the purposes of this act; but a notification of intention to accept such proposal shall be filed with the governing body not less than 30 days prior to any such acceptance. Thereafter, the municipality may execute such contract in accordance with the provisions of subsection 1 and deliver deeds, leases and other instruments and take all steps necessary to effectuate such contract.
3. A municipality may temporarily operate and maintain real property acquired in an urban renewal area pending the disposition of the property as authorized in this act, without regard to the provisions of subsection 1 above, for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan.
κ1957 Statutes of Nevada, Page 560 (CHAPTER 335, AB 71)κ
deemed desirable even though not in conformity with the urban renewal plan.
Sec. 32. 1. A municipality shall have power to issue bonds from time to time in its discretion to finance the undertaking of any urban renewal project under this act, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans, and shall also have power to issue refunding bonds for the payment or retirement of such bonds previously issued by it. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues and funds of the municipality derived from or held in connection with its undertaking and carrying out of urban renewal projects under this act. Payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the Federal Government or other source, in aid of any urban renewal projects of the municipality under this act, and by a mortgage of any such urban renewal projects, or any part thereof, title to which is in the municipality.
2. Bonds issued under this section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and shall not be subject to the provisions of any other law or charter relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of this act are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.
3. Bonds issued under this section shall be authorized by resolution or ordinance of the local governing body and may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, not exceeding 6 percent per annum, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, be secured in such manner, and have such other characteristics, as may be provided by such resolution or trust indenture or mortgage issued pursuant thereto.
4. Such bonds may be sold at not less than par at public sales held after notice published prior to such sale in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality may determine, or may be exchanged for other bonds on the basis of par. Such bonds may be sold to the Federal Government at private sale at not less than par, and, in the event less than all of the authorized principal amount of such bonds is sold to the Federal Government, the balance may be sold at private sale at not less than par at an interest cost to the municipality of not to exceed the interest cost to the municipality of the portion of the bonds sold to the Federal Government.
5. In case any of the public officials of the municipality whose signatures appear on any bonds or coupons issued under this act shall cease to be such officials before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery.
κ1957 Statutes of Nevada, Page 561 (CHAPTER 335, AB 71)κ
cease to be such officials before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this act shall be fully negotiable.
6. In any suit, action or proceeding involving the validity or enforcibility of any bond issued under this act or the security therefor, any such bond reciting in substance that it has been issued by the municipality in connection with an urban renewal project shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of this act.
Sec. 33. All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by a municipality pursuant to this act or by any urban renewal agency or housing authority vested with urban renewal project powers under section 37 of this act, if such bonds and other obligations shall be secured by an agreement between the issuer and the Federal Government in which the issuer agrees to borrow from the Federal Government and the Federal Government agrees to lend to the issuer, prior to the maturity of such bonds or other obligations, moneys in an amount which, together with any other moneys irrevocably committed to the payment of interest on such bonds or other obligations, will suffice to pay the principal of such bonds or other obligations with interest to maturity thereon, which moneys under the terms of such agreement are required to be used for the purpose of paying the principal of and the interest on such bonds or other obligations at their maturity. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.
Sec. 34. 1. All property of a municipality, including funds, owned or held by it for the purposes of this act shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against a municipality be a charge or lien upon such property; but the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this act by a municipality on its rents, fees, grants or revenues from urban renewal projects.
κ1957 Statutes of Nevada, Page 562 (CHAPTER 335, AB 71)κ
2. The property of a municipality, acquired or held for the purposes of this act, is declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the municipality, the county, the state or any political subdivision thereof; but such tax exemption shall terminate when the municipality sells, leases or otherwise disposes of such property in an urban renewal area to a purchaser or lessee which is not a public body entitled to tax exemption with respect to such property.
Sec. 35. 1. For the purpose of aiding in the planning, undertaking or carrying out of an urban renewal project located within the area in which it is authorized to act, any public body may, upon such terms, with or without consideration, as it may determine:
(a) Dedicate, sell, convey or lease any of its interest in any property or grant easements, licenses or other rights or privileges therein to a municipality.
(b) Incur the entire expense of any public improvements made by such public body in exercising the powers granted in this section.
(c) Do any and all things necessary to aid or cooperate in the planning or carrying out of an urban renewal plan.
(d) Lend, grant or contribute funds to a municipality.
(e) Enter into agreements, which may extend over any period, notwithstanding any provision or rule of law to the contrary, with a municipality or other public body respecting action to be taken pursuant to any of the powers granted by this act, including the furnishing of funds or other assistance in connection with an urban renewal project.
(f) Cause public buildings and public facilities, including parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways or other places; plan or replan, zone or rezone any part of the public body or make exceptions from building regulations; and cause administrative and other services to be furnished to the municipality.
If at any time title to or possession of any urban renewal project is held by any public body or governmental agency, other than the municipality, which is authorized by law to engage in the undertaking, carrying out, or administration of urban renewal projects, including any agency or instrumentality of the United States of America, the provisions of the agreements referred to in this section shall inure to the benefit of and may be enforced by such public body or governmental agency. As used in this subsection, the term municipality shall also include an urban renewal agency or a housing authority vested with all of the urban renewal project powers pursuant to the provisions of section 37.
2. Any sale, conveyance, lease or agreement provided for in this section may be made by a public body without appraisal, public notice, advertisement or public bidding.
3. For the purpose of aiding in the planning, undertaking or carrying out of an urban renewal project to an urban renewal agency or a housing authority hereunder, a municipality may, in addition to its other powers and upon such terms, with or without consideration, as it may determine, do and perform any or all of the actions or things which, by the provisions of subsection 1 of this section, a public body is authorized to do or perform, including the furnishing of financial and other assistance.
κ1957 Statutes of Nevada, Page 563 (CHAPTER 335, AB 71)κ
its other powers and upon such terms, with or without consideration, as it may determine, do and perform any or all of the actions or things which, by the provisions of subsection 1 of this section, a public body is authorized to do or perform, including the furnishing of financial and other assistance.
4. For the purposes of this section, or for the purpose of aiding in the planning, undertaking or carrying out of an urban renewal project of a municipality, such municipality may, in addition to any authority to issue bonds pursuant to section 32, issue and sell its general obligation bonds. Any bonds issued by a municipality pursuant to this section shall be issued in the manner and within the limitations prescribed by the laws of this state for the issuance and authorization of bonds by such municipality for public purposes generally.
Sec. 36. Any instrument executed by a municipality and purporting to convey any right, title or interest in any property under this act shall be conclusively presumed to have been executed in compliance with the provisions of this act insofar as title or other interest of any bona fide purchasers, lessees or transferees of such property is concerned.
Sec. 37. 1. A municipality may itself exercise its urban renewal project powers, as set forth in subsection 2, or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency, created by section 38, or by the housing authority, if one exists or is subsequently established in the community. In the event the local governing body makes such determination, the urban renewal agency or the housing authority, as the case may be, shall be vested with all of the urban renewal project powers in the same manner as though all such powers were conferred on such agency or authority instead of the municipality. If the local governing body does not elect to make such determination, the municipality in its discretion may exercise its urban renewal project powers through a board or commissioner or through such officers of the municipality as the local governing body may by resolution determine.
2. As used in this section, the term urban renewal project powers shall include the rights, powers, functions and duties of a municipality under this act, except the following powers:
(a) To determine an area to be a slum or blighted area or combination thereof and to designate such area as appropriate for an urban renewal project and to hold any public hearings required with respect thereto.
(b) To approve urban renewal plans and modifications thereof.
(c) To establish a general plan for the locality as a whole.
(d) To formulate a workable program under section 26.
(e) To make the determinations and findings provided for in sections 25 and 27, and subsection 4 of section 28.
(f) To issue general obligation bonds.
(g) To appropriate funds, to levy taxes and assessments, and to exercise other powers provided for in subsection 8 of section 29.
Sec. 38. 1. There is hereby created in each municipality a public body corporate and politic to be known as the urban renewal agency of the municipality.
κ1957 Statutes of Nevada, Page 564 (CHAPTER 335, AB 71)κ
of the municipality. Such agency shall not transact any business or exercise its powers hereunder until or unless the local governing body has made the finding prescribed in section 27 and has elected to have the urban renewal project powers exercised by an urban renewal agency as provided in section 37.
2. If the urban renewal agency is authorized to transact business and exercise powers hereunder, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency which shall consist of five commissioners. The term of office of each such commissioner shall be 1 year.
3. A commissioner shall receive no compensation for his services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. Each commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipality and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.
4. The powers of an urban renewal agency shall be exercised by the commissioners thereof. A majority of the commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present, unless in any case the bylaws shall require a larger number. Any persons may be appointed as commissioners if they reside within the area of operation of the agency, which shall be coterminous with the area of operation of the municipality, and are otherwise eligible for such appointments under this act.
5. The mayor shall designate a chairman and vice chairman from among the commissioners. An agency may employ an executive director, technical experts and such other agents and employees, permanent and temporary, as it may require, and determine their qualifications, duties and compensation. For such legal service as it may require, an agency may employ or retain its own counsel and legal staff. An agency authorized to transact business and exercise powers under this act shall file with the local governing body, on or before March 31 of each year, a report of its activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income and operating expense as of the end of such calendar year. At the time of filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the municipality and that the report is available for inspection during business hours in the office of the city clerk or county clerk, as appropriate, and in the office of the agency.
6. For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed only after a hearing and after he shall have been given a copy of the charges at least 10 days prior to such hearing and have had an opportunity to be heard in person or by counsel.
κ1957 Statutes of Nevada, Page 565 (CHAPTER 335, AB 71)κ
Sec. 39. No public official or employee of a municipality, or board or commission thereof, and no commissioner or employee of a housing authority or urban renewal agency which has been vested by a municipality with urban renewal project powers under section 37 shall voluntarily acquire any personal interest, direct or indirect, in any urban renewal project, or in any property included or planned to be included in any urban renewal project of such municipality or in any contract or proposed contract in connection with such urban renewal project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local governing body and such disclosure shall be entered upon the minutes of the governing body. If any such official, commissioner or employee presently owns or controls, or owned or controlled within the preceding 2 years, any interest, direct or indirect, in any property which he knows is included or planned to be included in an urban renewal project, he shall immediately disclose this fact in writing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body, and any such official, commissioner or employee shall not participate in any action by the municipality, or board or commission thereof, housing authority, or urban renewal agency affecting such property. Any disclosure required to be made by this section to the local governing body shall concurrently be made to a housing authority or urban renewal agency which has been vested with urban renewal project powers by the municipality pursuant to the provisions of section 37. No commissioner or other officer of any housing authority, urban renewal agency, board or commission exercising powers pursuant to this act shall hold any other public office under the municipality other than his commissionership or office with respect to such housing authority, urban renewal agency, board or commission. Any violation of the provisions of this section shall constitute misconduct in office.
________
Senate Bill No. 211Senators Seevers, Johnson and Brown
CHAPTER 336
AN ACT appropriating the sum of $1,194,000 from the general fund for the purpose of the design, construction and minimum furnishing of a classroom building for art, music and drama at the University of Nevada, Reno, Nevada; specifying the powers, duties and requirements of the state planning board and the board of regents of the University of Nevada; and other matters properly relating thereto.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the support of the state planning board in carrying out the design, construction and minimum furnishing of a classroom building for art, music and drama at the University of Nevada, Reno, Nevada, there is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $1,194,000.
κ1957 Statutes of Nevada, Page 566 (CHAPTER 336, SB 211)κ
Sec. 2. The state planning board is hereby charged with the duty of carrying out the provisions of this act relating to design, contract administration, construction, equipment and minimum furnishings provided for in this act.
Sec. 3. The board of regents of the University of Nevada and the state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications for the whole or part or parts of the construction, equipment and minimum furnishings shall be approved by the board of regents of the University of Nevada and each contract shall be approved by the attorney general before any such contract may be let.
Sec. 4. The state planning board shall employ competent architects, who in turn shall employ competent structural, mechanical and electrical engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the classroom building herein designated. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction, equipment and minimum furnishings, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 120Senator Johnson
CHAPTER 337
AN ACT to amend NRS sections 407.010, 407.020, 407.060, 407.070, 407.120, 407.140, 407.170 and 407.200 relating to the creation and membership of the state park commission, the appointment and terms of office of state park commissioners, the director of the state park commission, his appointment, salaries and duties, the powers and duties of the state park commission, the designation of state monuments, historical landmarks and recreational areas, the Genoa fort monument, the ichthyosaur park board and its powers and duties; to repeal NRS 407.050 relating to the state highway engineer as ex officio superintendent of state parks; and other matters properly relating thereto.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 407.020 is hereby amended to read as follows:
407.020 1. The commissioners shall be selected and appointed by the governor without respect to political affiliation and shall serve [for terms of 5 years from the date of their respective appointments and until their successors are appointed.] at the pleasure of the governor.
κ1957 Statutes of Nevada, Page 567 (CHAPTER 337, SB 120)κ
2. No person shall be appointed to the state park commission who is not a citizen of the United States and a bona fide resident of the State of Nevada.
[3. In appointing the first commissioners, the governor shall appoint one commissioner to serve until January 1, 1936, one to serve until January 1, 1937, one to serve until January 1, 1938, one to serve until January 1, 1939, and the other to serve until January 1, 1940, and as the term of each of these appointees shall expire, a person shall be appointed to serve for a period of 5 years from the date of appointment.]
3. Within 30 days after the effective date of this amendatory act the governor shall appoint the members of the state park commission. Immediately after their appointment the commissioners shall elect a chairman and a vice chairman from among their number. The chairman and vice chairman shall serve for a term of 1 year, and a regular election of officers shall be held each year thereafter.
Sec. 2. NRS 407.060 is hereby amended to read as follows:
407.060 [The director of state parks shall receive an annual salary of $4,932.] 1. The director of the state park commission shall be appointed by the governor from a list of qualified persons recommended to the governor by the state park commission. The director shall serve under the state park commission.
2. The director shall receive an annual salary of $7,200 and shall receive the per diem expense allowance and travel expenses as fixed by law.
3. The director shall serve under the state park commission and shall direct and supervise all its administrative and technical activities. His duties shall include:
(a) Attending all meetings of the commission, and he shall act as its secretary, keeping minutes of the proceedings of the commission.
(b) Reporting to the governor and the commission upon all matters concerning the administration of his office, and he shall request the advice and counsel of the commission on matters concerning the policy thereof, and he shall be responsible for the conduct of the commission and its administrative functions, unless otherwise provided by law.
(c) Making a biennial report regarding the work of the commission and such special reports as he may consider desirable to the commission and the governor.
(d) Hiring employees with the consent of the state park commission whom he considers necessary and as allowed under the provisions of the biennial budget of the commission.
(e) Performing any other lawful acts which he may consider necessary or desirable to carry out the purposes and provisions of this chapter.
Sec. 3. NRS 407.070 is hereby amended to read as follows:
407.070 1. [By and with the suggestions and assistance of the state highway engineer, the] The state park commission is authorized and directed:
(a) To have the charge, care and supervision of all parks that have heretofore been created under any law of this state or which may hereafter be created.
κ1957 Statutes of Nevada, Page 568 (CHAPTER 337, SB 120)κ
(b) To cooperate with the United States Government or any of its agencies in the maintenance and development of all parks that have heretofore been created under any law of this state or which may hereafter be created.
2. The state park commission is authorized to make and enforce all proper rules and regulations respecting any park, in keeping with the purposes and intent of NRS 407.010 to 407.070, inclusive.
3. The state park commission is particularly given jurisdiction and authority to prohibit or regulate the sale of intoxicating liquors and gambling, and to regulate water pollution and sanitation in state parks.
Sec. 4. NRS 407.120 is hereby amended to read as follows:
407.120 Upon the recommendation of the state park commission of the State of Nevada, the governor may, by proclamation, designate any site, place or building located on any publicly owned land [in the State of Nevada] , or any land in the state held by the state park commission under lease or permit, as a state park, state monument, historical landmark, historical building, an archeological area or recreational area.
Sec. 5. NRS 407.140 is hereby amended to read as follows:
407.140 The Genoa fort and stockade and the land upon which it is located, in Douglas County, Nevada, is designated as Genoa Fort Monument and [, as such,] is placed under the [joint] jurisdiction of the state park commission [and the board of county commissioners of Douglas County, Nevada, for control and maintenance.] as a state park, when it is determined by the state park commission that title to the land occupied by the Genoa fort and stockade is in the State of Nevada.
Sec. 6. NRS 407.170 is hereby amended to read as follows:
407.170 [1. The governor shall appoint] The state park commission shall constitute a state ichthyosaur park board to protect and maintain the ichthyosaur discovery site located in Berlin Canyon, Shoshone Range, Nye County, Nevada.
[2. The board shall be comprised of five members. One member shall be a resident of the Ione-Berlin area of Nye County, one member shall be a resident at large of Nye County, one member shall be a resident of Lander County, and two members shall be residents of Churchill County.
[3. On or before July 1, 1955, the governor shall appoint to membership on the board one person for a term of 1 year, two persons for terms of 2 years, and two persons for terms of 3 years. Thereafter, all appointments to the board, except those appointments made to fill unexpired terms, shall be for terms of 3 years each.]
Sec. 7. NRS 407.200 is hereby amended to read as follows:
407.200 1. The board is authorized to take such action as is necessary to carry NRS 407.160 to 407.200, inclusive, into effect. The board shall be empowered, with the advice, assistance and cooperation of the attorney general, to determine title to the land occupied by the ichthyosaur discovery site, and to take any action which is necessary for the preservation of the ichthyosaur site, and the permanent protection of the site and the objects on the site for the benefit of the people of the State of Nevada.
2. The board is authorized to receive and expend moneys from the State of Nevada and to receive and expend moneys from any other public or private institution or individual in order to carry out its purposes.
κ1957 Statutes of Nevada, Page 569 (CHAPTER 337, SB 120)κ
State of Nevada and to receive and expend moneys from any other public or private institution or individual in order to carry out its purposes.
3. The board is authorized to employ a park custodian to supervise the care and protection of the ichthyosaur discovery site and to employ such other employees and consultants as, in the judgment of the board, may be necessary to carry out the purposes of NRS 407.160 to 407.200, inclusive.
4. The board is authorized, subject to the approval of the governor, to appoint an advisory board consisting of recognized paleontologists, from within or without the State of Nevada, to assist the board in carrying out its functions and purposes.
5. When title to the land occupied by the ichthyosaur discovery site is determined to be in the State of Nevada, or is obtained in the name of the State of Nevada, the ichthyosaur park board shall cause a description of such site to be recorded with the county recorder of Nye County, Nevada, and upon such recordation the land so described shall be, by proclamation of the governor, set apart for all time as an historical monument and state park under the jurisdiction of the state park commission.
Sec. 8. NRS 407.050 is hereby repealed.
Sec. 9. NRS 407.010 is hereby amended to read as follows:
407.010 The state park commission of the State of Nevada, consisting of [five] seven commissioners to be appointed by the governor, is hereby created.
Sec. 10. This act shall become effective upon passage and approval.
________
Senate Bill No. 139Committee on Mining
CHAPTER 338
AN ACT to amend chapter 517 of NRS relating to the location of mining claims, mill sites and tunnel rights by creating a new provision relating to the location of placer claims on mining tailings deposited on public land.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 517 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever the tailings of any mining claim have been deposited upon the unappropriated public domain and remain unworked for a period of 10 successive years, it shall be prima facie evidence of abandonment of title or the right of possession thereto.
2. After abandonment, the right of possession or title to such mining tailings may be acquired by locating the site on which such tailings are deposited by complying with the provisions of NRS 517.090 to 517.110, inclusive.
Sec. 2. This act shall become effective January 1, 1958.
________
κ1957 Statutes of Nevada, Page 570κ
Assembly Bill No. 363Committee on Fish and Game
CHAPTER 339
AN ACT to amend chapter 488 of NRS relating to powerboats by creating new provisions relating to all boats; defining certain terms; providing for the licensing of rental boats; prescribing the equipment and manner of operation of all boats upon public waters; providing penalties; and other matters properly relating thereto.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 488 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.
Sec. 2. Sections 2 to 20, inclusive, may be cited as the Boat Regulation Law.
Sec. 3. The provisions of sections 2 to 20, inclusive, shall be applicable to all boats, as herein defined, navigated or operated upon the public waters of this state, except where inconsistent with any laws or regulations of any higher governing authority, in which case such laws or regulations shall prevail.
Sec. 4. As used in sections 2 to 20, inclusive, unless the context or subject matter otherwise requires:
1. Boat means any vessel less than 26 feet in overall length, including canoes, skiffs, dinghies, rowboats, sailing vessels and motorboats.
2. Commission means the department of motor vehicles.
3. Motorboat means any boat less than 26 feet in overall length propelled in whole or in part by machinery, including boats temporarily equipped with detachable motors.
4. Person means any individual, firm, corporation, copartnership, company, association or joint-stock association, including any trustee, administrator, executor, receiver, assignee or other personal representative.
Sec. 5. 1. After July 1, 1957, no person owning any boat shall rent or offer to rent the same or furnish any boat with leased or rented living accommodations for use upon any of the public waters of this state unless such boat is licensed by the commission and marked as provided in section 7.
2. Applications for licenses or renewals thereof shall be made to the commission upon forms to be furnished by it, and shall be accompanied by an annual license fee of $1 for each boat to be licensed.
3. Licenses shall expire 1 year following the date of issuance and may be renewed by the commission upon application therefor and payment of the license fee as provided in subsection 2.
4. The commission is authorized and empowered to enter into agreements with similar commissions of states adjoining the State of Nevada for reciprocal licensing and regulation agreements for boating in interstate waters.
Sec. 6. 1. No license shall be issued or renewed for any boat until it has been inspected by an inspector designated by the commission and has been found to comply with safety standards established by the commission in accordance with the provisions of sections 2 to 20, inclusive.
κ1957 Statutes of Nevada, Page 571 (CHAPTER 339, AB 363)κ
and has been found to comply with safety standards established by the commission in accordance with the provisions of sections 2 to 20, inclusive.
2. The commission shall prescribe methods of inspection designed to determine:
(a) The weight capacity of the boat;
(b) That the structure of the boat is suitable for the service in which it is employed;
(c) That the condition of the boat warrants belief that it may be used in navigation with safety to life; and
(d) That the boat is equipped as required by law.
3. The maximum allowable weight capacity in pounds of any boat except canoes and sailboats shall be determined in the following manner:
(a) The cubic foot capacity of the boat shall be accurately determined; and
(b) The number of cubic feet so determined shall be divided by 12, and the result multiplied by 150.
Sec. 7. 1. Upon issuance or renewal of a license for any boat, the commission shall furnish a durable tag or disc showing the year of inspection, identification data of the boat licensed and such other information as the commission may deem necessary. Such tag or disc shall be securely affixed in a prominent place at the bow of the licensed boat.
2. Every licensed boat shall have printed conspicuously on the after quarter the maximum number of pounds authorized to be carried therein.
Sec. 8. No owner or operator of any boat shall knowingly permit such boat to be loaded with passengers or cargo beyond the maximum allowable weight capacity of such boat, nor beyond its safe carrying capacity, taking into consideration weather and other operating conditions.
Sec. 9. Motorboats which carry passengers for hire shall be provided with:
1. One United States Coast Guard approved lifejacket, ring buoy or buoyant cushion for each passenger on board.
2. At least 1 United States Coast Guard approved hand portable fire extinguisher in good condition and fully charged.
Sec. 10. No person shall operate a motorboat or permit another to operate a motorboat owned by him or in his custody on any of the public waters of this state unless such boat is equipped with:
1. One United States Coast Guard approved life preserver, ring buoy or buoyant cushion for each person on board.
2. At least one United States Coast Guard approved portable fire extinguisher.
3. A stock factory muffler, underwater exhaust or other device capable of adequately muffling the sound of the exhaust of the engine to prevent excessive or unusual noise. The discharge of cooling water through the exhaust of an inboard engine is an adequate muffling device.
κ1957 Statutes of Nevada, Page 572 (CHAPTER 339, AB 363)κ
4. A United States Coast Guard approved device for arresting backfire fitted to the carburetor of any engine other than an outboard motor.
5. At least two ventilators fitted with cowls or their equivalent for the purpose of properly and efficiently ventilating the bilges of every engine and fuel compartment in order to remove any inflammable or explosive gases, if fuel having a flashpoint of 110° F. or less is used. Ventilators shall not be required on motorboats so constructed as to have the greater portion of the bilges under the engines and fuel tanks open and exposed to the natural atmosphere at all times.
6. In the case of motorboats over 16 feet in length, a mouth, hand or power operated whistle capable of producing a blast of 2 seconds or more duration and audible for at least one-half mile.
Sec. 11. 1. No person shall operate or use any boat, or permit another to operate or use any boat owned by him or in his custody, on any of the public waters of this state during the hours from sunset to sunrise unless such boat carries the lights prescribed in this section.
2. Motorboats and sailboats equipped with inboard engines shall carry:
(a) A bright, white light aft to show all around the horizon, visible for a distance of 2 miles or more; and
(b) A combination light in the forepart of the boat lower than the white light aft, showing green to starboard and red to port so fixed as to throw a light from dead ahead to two points abaft the beam on their respective sides, and visible for a distance not less than 1 mile.
3. Sailboats, including those equipped with outboard motors shall carry:
(a) A bright, white light aft to show all around the horizon, visible for a distance of 2 miles or more; and
(b) A lantern or flashlight showing a white light ready at hand to be exhibited in sufficient time to avert collision.
4. Boats, other than those specified in subsections 2 and 3, when underway, shall carry on board, but not fixed to any part of the boat, a lantern or flashlight capable of showing a white light visible all around the horizon at a distance of 2 miles or more, ready at hand to be exhibited in sufficient time to avoid collision.
5. For the purposes of this section, a light is deemed visible if it can be seen on a dark night with clear atmosphere.
Sec. 12. 1. No person shall operate a motorboat:
(a) In a reckless manner which unnecessarily interferes with the free and proper use of the navigable waters of the state or unnecessarily endangers other boats therein, or the life and limb of any person.
(b) At a rate of speed greater than will permit him in the exercise of reasonable care to bring the motorboat to a stop within the assured clear distance ahead.
2. The provisions of this section relating to speed shall not be applicable to the operation of a motorboat over a marked racing course while actually competing in any race or regatta sanctioned by any governmental authority or organized group.
3. Except when casting off, mooring or when otherwise necessary no operator of a motorboat shall allow any person to ride or sit on either the starboard or port gunwales thereof or on the decking over the bow while underway.
κ1957 Statutes of Nevada, Page 573 (CHAPTER 339, AB 363)κ
no operator of a motorboat shall allow any person to ride or sit on either the starboard or port gunwales thereof or on the decking over the bow while underway.
Sec. 13. 1. When two boats are approaching each other head on or nearly so, so as to involve risk of collision, each boat shall bear to the right and pass the other boat on its left side.
2. Obliquely, or at right angles, the boat approaching on the right side has the right of way.
3. One boat may overtake another on either side but must grant right of way to the overtaken boat.
Sec. 14. No person shall anchor a boat in such a position as to obstruct a passageway ordinarily used by other boats.
Sec. 15. No person shall operate a boat within a water area which is clearly marked by buoys or some other distinguishing device as a bathing or swimming area. Such bathing or swimming areas shall be so marked only with the consent of the commission.
Sec. 16. No person shall moor any boat to any buoy or beacon placed in any waterway by authority of the United States or any other governmental authority, or in any manner hang on with a boat to any such buoy or beacon.
Sec. 17. 1. No person under the influence of intoxicating liquor, narcotic drugs or barbiturates, or who is an habitual user of such drugs, shall operate or be in physical control of any boat.
2. No owner or other person having charge of any boat shall knowingly permit any person under the influence of intoxicating liquors, narcotic drugs or barbiturates, or who is an habitual user of such drugs, to operate or be in physical control of any boat.
Sec. 18. The operator of any boat involved in an accident resulting in death or injury to any person or in damage to property shall:
1. Immediately stop and render such assistance as may be reasonably necessary.
2. Furnish to any person injured and to the owner or person in charge of any property damaged, his name, address, a full identification of the boat and the name and address of the owner thereof.
3. Report the accident to the nearest or most convenient law enforcement agency as soon as practicable.
Sec. 19. Any person violating any provision of sections 5 to 19, inclusive, shall be guilty of a misdemeanor.
________
κ1957 Statutes of Nevada, Page 574κ
Assembly Bill No. 87Mr. Humphrey (by request)
CHAPTER 340
AN ACT to amend chapter 268 of NRS relating to powers and duties of incorporated cities by creating a new provision relating to the accumulation of funds by incorporated cities for the purpose of future capital improvements.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. With the approval of the state board of finance, every incorporated city in this state, whether incorporated under the provisions of chapter 266 of NRS or under the provisions of a special act, may accumulate a fund for a period of time not to exceed 10 years for the purpose of making future municipal capital improvements, but no special tax shall be levied for this purpose. Such fund shall not exceed the amount of 25 cents per year on each $100 of assessed value of real and personal property in such city.
2. All moneys so accumulated from whatever source shall be placed in a fund to be designated as the ........................... capital improvement fund.
3. No moneys in the fund at the end of the fiscal year shall revert to the general fund of the city, nor shall such moneys be a surplus.
________
Senate Bill No. 106Senator Johnson
CHAPTER 341
AN ACT to amend NRS section 360.220 relating to powers of the tax commission concerning budgets of counties, cities and school districts.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 360.220 is hereby amended to read as follows:
360.220 The Nevada tax commission shall have the power:
1. To require boards of county commissioners to submit a budget estimate of the county expenses for the current year, in such detail and form as may be required by the Nevada tax commission.
2. To require boards of county commissioners to increase or decrease the county tax rate of their respective counties to produce the net revenue estimated as necessary for the conduct of the county government, as appears from the budget.
3. To require boards of trustees of school districts and all school officers having control of any school expenditures in any school district in which a special tax is to be levied during the current year to submit a budget estimate of the expenses for which such tax is levied, in such detail and form as may be required by the Nevada tax commission.
κ1957 Statutes of Nevada, Page 575 (CHAPTER 341, SB 106)κ
in such detail and form as may be required by the Nevada tax commission.
4. To require cities, municipalities and towns and the governing boards thereof to submit budget estimates of the expenses for the government of such city, municipality or town for the current year, in such form and detail as may be required by the Nevada tax commission.
5. To require the governing board of any municipality, school district, city or town to increase or decrease the tax rate therein to produce the net revenue estimates for the conduct of such municipality, school district, city or town, as appears from the budget.
________
Assembly Bill No. 424Messrs. David and Revert
CHAPTER 342
AN ACT providing for refund of certain excessive tax collections made for the fiscal year commencing July 1, 1955; providing the methods thereof; providing for the disposition of moneys held in certain counties and for credit on tax collections in certain other counties.
[Approved March 29, 1957]
Whereas, The state tax rate for the fiscal year commencing July 1, 1955, as set by the provisions of section 2 of chapter 444, Statutes of Nevada 1955, was 42 cents; and
Whereas, In collecting personal property taxes on the unsecured roll for the fiscal year commencing July 1, 1955, the several county assessors were required to collect on a combined tax rate as last certified by the Nevada tax commission, which last rate so certified included 69 cents for state purposes; and
Whereas, This dilemma has caused several counties of the state to collect taxes on the unsecured personal property roll at the 69-cent rate and remit such collections to the state, and other counties to collect on the 69-cent rate and to remit to the state on the 42-cent rate; and
Whereas, The disputed 27 cents remains in suspense accounts in some of the county treasuries; and
Whereas, It seems no more than just that those persons paying taxes on the unsecured personal property rolls of the several counties of the State of Nevada for the fiscal year commencing July 1, 1955, on a combined rate which included 69 cents for state purposes, should be given an opportunity to obtain a refund of the amount paid for state purposes in excess of 42 cents, and that any amount not refunded should be credited to the several counties; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That there is just cause for making application for a refund of taxes paid by any taxpayer on the unsecured personal property tax roll of each of the several counties for the fiscal year commencing July 1, 1955, if the tax paid thereon for state purposes was at the rate of 69 cents.
κ1957 Statutes of Nevada, Page 576 (CHAPTER 342, AB 424)κ
commencing July 1, 1955, if the tax paid thereon for state purposes was at the rate of 69 cents.
Sec. 2. Application for a refund must be made as provided in NRS 354.220 to 354.250, inclusive, within 30 days from the effective date of this act.
Sec. 3. The refund sought shall be in the amount paid by the taxpayer for state purposes in excess of the state tax rate of 42 cents for the fiscal year commencing July 1, 1955.
Sec. 4. All refunds sought pursuant to the provisions of this act shall be allowed and paid from the county general fund.
Sec. 5. The county treasurer of each of the several counties wherein were collected personal property taxes on the unsecured roll for the fiscal year commencing July 1, 1955, for state purposes at the rate of 69 cents, and wherein the county treasurer deposited 27 cents of such collections in a suspense fund, is hereby authorized and directed to deposit such excess collections in the county general fund and so certify to the state treasurer and state controller.
Sec. 6. The county treasurer of each of the several counties wherein were collected personal property taxes on the unsecured roll for the fiscal year commencing July 1, 1955, for state purposes at the rate of 69 cents, and wherein the county paid over to the state the full amount of such collections, is hereby authorized and directed to determine the amount so paid to the state in excess of the rate of 42 cents for state purposes for such year. The amount so determined to have been paid shall be by the county treasurer certified to the state treasurer and the state controller, as having been paid to the state in excess of that required by law.
Sec. 7. The county treasurer of each of the several counties, certifying the amount determined to have been paid to the state treasurer as excess payment as provided in section 6 of this act, shall take credit for such amount upon his next quarterly remittance of funds which have come into his hands as county treasurer for the use and benefit of the state, as provided in NRS 361.745, and shall deposit such amount in the general fund of the county.
Sec. 8. This act shall become effective upon passage and approval.
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Senate Bill No. 213Senator Johnson
CHAPTER 343
AN ACT to amend NRS section 361.505 relating to the tax rate for the collection of unsecured personal property tax.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.505 is hereby amended to read as follows:
361.505 1. Each county assessor, when he assesses the property of any person or persons, company or corporation liable to taxation who does not own real estate within the county of sufficient value, in the county assessors judgment, to pay the taxes on both his or their real and personal property, shall proceed immediately to collect the taxes on the personal property so assessed, The person paying such taxes shall not be thereby deprived of his right to have such assessment equalized, and if, upon such equalization, the value is reduced, the taxes paid shall be refunded to such person from the county treasury, upon the order of the board of county commissioners, in proportion to the reduction of the value made.
κ1957 Statutes of Nevada, Page 577 (CHAPTER 343, SB 213)κ
county assessors judgment, to pay the taxes on both his or their real and personal property, shall proceed immediately to collect the taxes on the personal property so assessed, The person paying such taxes shall not be thereby deprived of his right to have such assessment equalized, and if, upon such equalization, the value is reduced, the taxes paid shall be refunded to such person from the county treasury, upon the order of the board of county commissioners, in proportion to the reduction of the value made.
2. If, at the time of such assessment of personal property, the board of county commissioners has not as yet levied the tax based upon the full combined tax rate for the taxable year to which such assessment is applicable, the total amount of the tax to be collected by the county assessor shall be determined by use of the then current state ad valorem tax rate and the regular [full] combined tax rate for the county, city and school district as levied and applied for the preceding taxable year. The county treasurer shall apportion the tax as other taxes are apportioned. If the levy for the then current year shall be less than for the preceding year, no refund shall be made to any party in interest.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 108Senator Johnson
CHAPTER 344
AN ACT to amend NRS section 361.350 relating to notice of increased assessments after adjournment of the county board of equalization and hearings before the state board of equalization.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.350 is hereby amended to read as follows:
361.350 1. On the day after the adjournment of the county board of equalization the clerk shall prepare a list of the names of those whose assessments have been added to by the county board of equalization, and who did not appear before the county board of equalization, and shall cause such list to be published one time in a newspaper of the county, if there is a newspaper so published in the county, and to be posted at the front door of the courthouse.
2. Any person whose name appears thereon and who makes an affidavit to the effect that he did not receive the notice required to be given by the clerk may appear before the state board of equalization and shall be given a hearing.
[3. The secretary of the state board of equalization shall note all changes made and certify them to the county auditor or clerk, as the case may be, who shall make the changes required by the state board of equalization upon the assessment roll.]
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κ1957 Statutes of Nevada, Page 578κ
Senate Bill No. 46Senator Johnson
CHAPTER 345
AN ACT to amend NRS section 366.380 relating to monthly reports and remittances under the Special Fuel Tax Act of 1953.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 366.380 is hereby amended to read as follows:
366.380 1. On or before the 25th day of each month, each special fuel dealer or special fuel user shall file [in duplicate, on forms prescribed by the tax commission, a monthly tax return.] with the department a monthly tax return on a form prescribed by the department, together with supporting schedules.
2. The return shall show such information as the [tax commission] department may reasonably require for the proper administration and enforcement of this chapter.
3. [The original of such report and supporting schedules shall be filed with the tax commission. The duplicate of the report upon which computation of the tax is made shall be filed with the state treasurer and shall be accompanied by a remittance, payable to the state treasurer, for the amount of excise tax due thereunder.] The monthly tax return shall be accompanied by a remittance, payable to the department, for the amount of excise tax due thereunder.
4. The department shall transmit all remittances to the state treasurer for deposit in the state highway fund pursuant to the provisions of NRS 366.700.
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Senate Bill No. 131Senator Crumley
CHAPTER 346
AN ACT to amend chapter 494 of NRS, known as the State Airports Act, by creating new provisions relating to accounting for, disposition and use of unrefunded balances of excise taxes collected on aviation fuels, and other matters relating thereto, and to repeal NRS section 494.040.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 494 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Notwithstanding any other provision of law, the unrefunded balance of all excise taxes collected pursuant to chapter 365 of NRS, which were subject to refund by reason of the use of such taxed fuel as aviation fuel, shall be used to carry out the purposes and provisions of sections 2 to 7, inclusive.
Sec. 3. 1. Notwithstanding the provisions of NRS 365.330, all excise taxes described in section 2 shall be so earmarked by the Nevada tax commission prior to delivery to the state treasurer.
2. All licensed dealers who handle aviation fuels shall report on such forms and in such detail as the Nevada tax commission may require.
κ1957 Statutes of Nevada, Page 579 (CHAPTER 346, SB 131)κ
such forms and in such detail as the Nevada tax commission may require.
3. The Nevada tax commission shall separately record the amount of all such excise taxes received from within each county.
4. The amount of such excise taxes so delivered to the state treasurer shall be placed to the credit of an account to be known as the aviation fuels tax refund account.
Sec. 4. 1. Claims for refunds of taxes paid on fuels used as aviation fuels shall be made within the time and in the manner provided in NRS 365.370 to 365.440, inclusive.
2. Notwithstanding the provisions of NRS 365.430, all such claims shall be paid from the aviation fuels tax refund account upon claims presented by the Nevada tax commission, approved by the state board of examiners and allowed and paid as other claims against the state are paid.
Sec. 5. The state controller shall monthly transfer to the state airport fund the unrefunded balance of all excise taxes which have been held in the aviation fuels tax refund account for a period of 6 months prior to such transfer.
Sec. 6. At the close of each fiscal year, the Nevada tax commission, the state treasurer and the state controller shall:
1. Allocate to Nevada Wing 96 of the Civil Air Patrol from the state airport fund, for the ensuing fiscal year, a sum not to exceed $6,000 or the total amount in such fund, whichever is lesser. The amount so allocated shall be in addition to and separate from any legislative appropriations authorized by law to Nevada Wing 96 of the Civil Air Patrol and shall be paid, upon a claim certified by the wing commander and the wing executive officer, and approved by the Nevada tax commission and the state board of examiners, in the same manner as other claims against the state are paid. Moneys so allocated shall be used by Nevada Wing 96 of the Civil Air Patrol in carrying out its crash, rescue and emergency operations, and organization and training therefor, and in defraying the cost of purchase, repair and maintenance of emergency and training equipment.
2. Allocate to the Nevada tax commission a sum not to exceed 5 percent of the remaining balance in such fund to defray the costs of administration incurred by it in connection herewith.
3. Remit to the county treasurers of the respective counties such portion of the remaining balance in such fund as is proportional to the unrefunded excise taxes remitted by dealers or users in such county.
Sec. 7. 1. All moneys remitted to county treasurers pursuant to sections 2 to 7, inclusive, shall be credited by them to the airport fund of the county.
2. The county airport fund shall be administered by the board of county commissioners.
3. Such funds shall be available for the planning, establishment, development, construction, enlargement, improvement, operation and maintenance of airports, landing areas and air navigation facilities within the county established, owned or controlled, or to be established, owned or controlled, by the county or any unincorporated city within the county.
κ1957 Statutes of Nevada, Page 580 (CHAPTER 346, SB 131)κ
4. Such funds shall not be used for any purpose other than as specified in subsection 3.
5. If any airport or landing area within a county is owned or controlled by an incorporated city, moneys in the county airport fund shall be apportioned as follows:
(a) If such airport or landing area owned or controlled by an incorporated city is the only publicly owned or controlled airport or landing area within the county, all moneys in such fund shall be allocated to such incorporated city.
(b) If two or more incorporated cities within the county own or control airports or landing areas and the county does not own or control any airport or landing area, all moneys in such fund shall be apportioned among such incorporated cities in proportion to the assessed valuation of property within the boundaries of such cities.
(c) If the county and one or more incorporated cities within the county own or control airports or landing areas, moneys in such fund shall be apportioned between the county and the incorporated city or cities in the same ratio as the assessed valuation of property within the boundaries of such city or cities bears to the total assessed valuation of property within the county, including property within the incorporated cities.
Sec. 8. Immediately after the effective date of this amendatory act, the Nevada tax commission, the state treasurer and the state controller shall:
1. Determine the amount of excise taxes remaining in the state airport fund remitted by dealers or users in each of the several counties.
2. Ascertain the amount of excise taxes held in the state airport fund and which are subject to refund pursuant to chapter 365 of NRS. The amount so ascertained shall be transferred to the aviation fuels tax refund account.
3. Allocate from the remaining balance in the state airport fund the sum of $6,000 to Nevada Wing 96 of the Civil Air Patrol for the purposes set forth in section 6 for the fiscal year commencing July 1, 1957.
4. Remit to the county treasurers of the respective counties such portion of the remaining balance in such fund as is proportional to the unrefunded excise taxes remitted by dealers or users in such county.
Sec. 9. NRS 494.040 is hereby repealed.
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κ1957 Statutes of Nevada, Page 581κ
Senate Bill No. 154Committee on State Institutions
CHAPTER 347
AN ACT authorizing and directing the superintendent of the Nevada state childrens home to convey to the State of Nevada, department of highways, without consideration, certain real property owned by the State of Nevada; and other matters properly relating thereto.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent of the Nevada state childrens home is hereby authorized, empowered and directed to convey to the State of Nevada, department of highways, in fee simple, without consideration therefor, that property situated in the county of Ormsby, State of Nevada, and more fully described as follows:
Parcel Number 1.
A piece or parcel of land, irregular in shape, consisting of a portion of the NW 1/4 of Section 20, T. 15 N., R. 20 E., M. D. B. & M., and more fully described by metes and bounds as follows, to wit:
Beginning at the intersection of the left or easterly right-of-way line of the abandoned Virginia & Truckee Railway and the south boundary of the SW 1/4 NW 1/4 of Section 20 which point is more particularly described as bearing S. 22° 30′ 24″ E., a distance of 2854.20 feet from the northwest corner of said Section 20; thence West, along the south boundary of the NW 1/4 of Section 20, a distance of 49.25 feet to an intersection with the right or easterly 75 foot right-of-way line of State Highway Route 3; thence N. 0° 27′ 41″ E., along said right-of-way line, a distance of 1318.57 feet to the southwest corner of that certain parcel of land conveyed to the State of Nevada by Deed recorded at page 571, Book 52 of Deeds, Records of Ormsby County, Nevada; thence East, along the south boundary of said parcel, a distance of 320.92 feet to the southeast corner of said parcel; thence N. 14° 48′ 30″ E., along the easterly boundary of said parcel, a distance of 1142.31 feet to a point; thence from a tangent that bears the last described course curving to the left continuing along said easterly boundary with a radius of 621.67 feet through an angle of 3° 19′ 57″, an arc distance of 36.16 feet to a point; thence N. 0° 12′ 00″ E., continuing along said easterly boundary, a distance of 174.32 feet to an intersection with the north boundary of the aforesaid Section 20; thence S. 89° 51′ 00ʺ E., along said north boundary of Section 20, a distance of 58.57 feet to a point on the right or easterly 35 foot right-of-way line of Federal Aid Secondary Route 687; thence from a tangent which bears S. 0° 33′ 49″ W., curving to the right along said right-of-way line with a radius of 2035 feet through an angle of 13° 33′ 59″, an arc distance of 481.84 feet to a point; thence S. 75° 52′ 12″ E., a distance of 25.00 feet to a point on the right or easterly 60 foot right-of-way line of the aforesaid highway; thence from a tangent which bears S. 14° 07′ 48″ W., curving to the right along said right-of-way line with a radius of 2060 feet through an angle of 0° 40′ 42″, an arc distance of 24.39 feet to a point; then S. 14° 48′ 30″ W., along said right-of-way line, a distance of 569.29 feet to a point; thence S.
κ1957 Statutes of Nevada, Page 582 (CHAPTER 347, SB 154)κ
line, a distance of 569.29 feet to a point; thence S. 19° 47′ 56″ W., a distance of 269.58 feet to a point; thence from a tangent which bears S. 41° 23′ 50″ W., curving to the right along said right-of-way line with a radius of 600 feet through an angle of 8° 31′ 43″, an arc distance of 89.31 feet to a point of intersection with the aforesaid left or easterly right-of-way line of the abandoned Virginia & Truckee Railway; thence S. 14° 48′ 30″ W., along said right-of-way line, a distance of 920.60 feet to a point; thence from a tangent that bears the last described course curving to the left along said right-of-way line with a radius of 919.93 feet through an angle of 5° 58′ 30″, an arc distance of 95.93 feet to a point; thence S. 8° 50′ 00″ W., along said right-of-way line, a distance of 280 feet more or less to the point of beginning. Said parcel of land containing an area of 8.29 acres, more or less.
Parcel Number 2.
All that portion of NW 1/4 SW 1/4 of Section 20, T. 15 N., R. 20 E., M. D. B. & M., situate, lying, and being easterly of the right-of-way of State Highway Route 3 in Ormsby County, Nevada; containing an area of 9.55 acres, more or less.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 209Committee on Legislative Functions
CHAPTER 348
AN ACT to amend NRS sections 218.190 and 218.230 relating to the appointment, duties and compensation of the amendment clerk of the legislature and to increasing salaries of employees of the senate and assembly.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.190 is hereby amended to read as follows:
218.190 1. The [amendment clerk of the assembly] director of the statute revision commission shall appoint an amendment clerk who shall serve both houses of the legislature without favor. All bills and resolutions of both houses designated for reprinting, engrossment, reengrossment and enrollment shall be routed directly through the office of the amendment clerk.
2. As directed by the secretary of the senate and the chief clerk of the assembly, the amendment clerk shall immediately insert all bill and resolution amendments adopted by the respective houses preparatory to reprinting, engrossment, reengrossment and enrollment.
3. As directed by the secretary of the senate and the chief clerk of the assembly, and in cooperation with the committees concerned, the amendment clerk shall have immediate supervision of the work of the engrossment and enrollment employees of both houses.
Sec. 2. NRS 218.230 is hereby amended to read as follows:
218.230 1. There shall be paid to the several officers and employees of the senate and assembly for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
κ1957 Statutes of Nevada, Page 583 (CHAPTER 348, SB 209)κ
provisions of this chapter, the following sums of money for each days employment and no more:
Senate
Assistant secretary................................................................ [$12] $15
Clerks....................................................................................... [8] 10
Engrossing clerk..................................................................... [8] 10
Enrolling clerk......................................................................... [8] 10
History clerk............................................................................ [10] 12
Journal clerk............................................................................ [10] 12
Minute clerk............................................................................ [10] 12
Page.......................................................................................... [6] 8
Secretary.................................................................................. [20] 25
Sergeant-at-arms.................................................................... [11] 12
Stenographers........................................................................ [9] 11
Assembly
[Amendment clerk.................................................................. $12]
Assistant chief clerk.............................................................. [12] $15
Chief Clerk............................................................................... [20] 25
Clerks....................................................................................... [8] 10
Engrossing clerk..................................................................... [8] 10
Enrolling clerk......................................................................... [8] 10
History clerk............................................................................ [$10] $12
Journal clerk............................................................................ [10] 12
Minute clerk............................................................................ [10] 12
Pages........................................................................................ [6] 8
Sergeant-at-arms.................................................................... [11] 12
Stenographers........................................................................ [9] 11
Supply Clerk............................................................................ [8] 10
Typists..................................................................................... [8] 10
2. Funds to carry out the provisions of this section shall be provided by legislative appropriation from the general fund, and shall be paid out on claims against the legislative fund as other claims against the state are paid. During the session, all claims of the senate shall be approved by the secretary of the senate, and all claims of the assembly shall be approved by the chief clerk of the assembly.
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Senate Bill No. 137Senators Seevers, Brown, Whitacre and Lattin
CHAPTER 349
AN ACT providing a deficiency appropriation to the Nevada industrial commission for the purpose of paying industrial insurance premiums due from various state agencies.
[Approved March 29, 1957]
Whereas, For various periods from 1947 to 1957 the Nevada legislature has failed to appropriate sufficient amounts of money to various general fund departments, institutions and agencies to pay industrial insurance premiums as required by the Nevada industrial commission; and
κ1957 Statutes of Nevada, Page 584 (CHAPTER 349, SB 137)κ
Whereas, In 1952 the Nevada legislature failed to appropriate sufficient money to the Nevada highway patrol from the highway fund to pay industrial insurance premiums as required by the Nevada industrial commission; and
Whereas, The Nevada industrial commission has provided insurance coverage for all employees of all the state departments, institutions and agencies during the period 1947 to 1957; and
Whereas, These deficiencies mean that the State of Nevada has not contributed its proper lawful share of industrial insurance premiums in the same manner as private employers; and
Whereas, The failure to provide the amounts due might well result in confusion in the government and litigation in the courts; and
Whereas, The legislative auditor has carefully audited and analyzed all records in order to accurately determine the amounts due; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of paying and satisfying the amounts due from various departments, institutions and agencies of the State of Nevada to the Nevada industrial commission for unpaid payroll premiums, there is hereby appropriated the sum of $35,409.28 from the general fund.
Sec. 2. For the purpose of paying and satisfying the amount due from the Nevada highway patrol to the Nevada industrial commission for unpaid payroll premiums, there is hereby appropriated the sum of $1,145.99 from the state highway fund
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 114Senators Settelmeyer and Slattery
CHAPTER 350
AN ACT appropriating $2,000 for the erection of a monument at Virginia City under the direction of the board of directors of the Nevada state museum, and other matters properly relating thereto.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $2,000 for the erection of a monument in Virginia City, Nevada, as in this act provided.
Sec. 2. The board of directors of the Nevada state museum shall select a design for a monument commemorating the discovery of silver in Virginia City, and shall supervise the erection thereof on a site selected by such board of directors and owned by the State of Nevada or the county of Storey.
Sec. 3. Moneys appropriated by section 1 of this act, or any part thereof, may be paid by the state treasurer on the certificate or certificates of the board of directors of the Nevada state museum that the amount or amounts certified are due.
κ1957 Statutes of Nevada, Page 585 (CHAPTER 350, SB 114)κ
thereof, may be paid by the state treasurer on the certificate or certificates of the board of directors of the Nevada state museum that the amount or amounts certified are due. Moneys appropriated by section 1 may be expended for design and erection of the monument authorized by this act, but not for the acquisition of a site for such monument.
Sec. 4. This act shall become effective upon passage and approval, and the appropriation made by this act shall remain available until July 1, 1959.
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Senate Bill No. 118Senator Johnson
CHAPTER 351
AN ACT appropriating the sum of $3,338.67 payable to Ormsby County to reimburse said county for expenses incurred by it in connection with its grand jury investigation of state land transactions.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of reimbursing Ormsby County for expenses incurred by it in connection with the investigation of state land transactions, there is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $3,338.67.
Sec. 2. On the effective date of this act, the state controller shall draw his warrant in favor of Ormsby County in the amount hereby appropriated, and the state treasurer shall pay the same.
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Senate Bill No. 162Senator Lovelock
CHAPTER 352
AN ACT to amend NRS section 286.480 relating to retirement credit for federal service under public employees retirement system.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.480 is hereby amended to read as follows:
286.480 1. Service in the State of Nevada in the agencies formerly known as the Nevada Emergency Relief Administration, the National Youth Administration, the Civil Works Administration, the Federal Emergency Relief Administration, the Works Progress Administration and the Public Works Administration shall be considered as service to be credited for retirement under the provisions of this chapter.
2. Employees of any or all of the agencies specified in this section, [who have remained in an administrative capacity, in full-time employment without any break in service, shall be considered to qualify for retirement credit under the provisions of this chapter] whether assigned to the administrative payroll or to a specific project in an administrative capacity, who were not certified relief workers, shall be considered to qualify for retirement credit, if otherwise eligible, under the provisions of this chapter.
κ1957 Statutes of Nevada, Page 586 (CHAPTER 352, SB 162)κ
assigned to the administrative payroll or to a specific project in an administrative capacity, who were not certified relief workers, shall be considered to qualify for retirement credit, if otherwise eligible, under the provisions of this chapter.
3. [In order to determine the qualifications of such an employee, the board may require documentary evidence or affidavits sworn to by two responsible persons having direct knowledge of such employees service.] In order to determine the qualifications of such an employee, the board may require reasonable evidence or affidavits sworn to by two responsible persons having direct knowledge of such employees service, which affidavits shall positively affirm that the employee was not a relief worker. Such affidavits shall be acceptable as proof of such service.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 235Mr. Christensen (Washoe) and Miss Frazier
CHAPTER 353
AN ACT to amend NRS sections 443.030 to 443.080, inclusive, relating to the care of the tuberculous; making an appropriation therefor; and other matters properly relating thereto.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 443.030 is hereby amended to read as follows:
443.030 The expense of the care and treatment of such medically indigent patient shall be paid for by the county in which such patient is a resident and the State of Nevada as provided in this chapter.
Sec. 2. NRS 443.040 is hereby amended to read as follows:
443.040 The state shall reimburse the county [90 percent of the countys expense for hospitalization, treatment, and medical care, but such reimbursement shall not exceed the sum of $7 per patient day for hospitalization, treatment, and medical care] in a sum not to exceed $7 per patient day for hospitalization, treatment and medical care or $2 per patient day for outpatient treatment and medical care under rules and regulations provided by the state board of health. Such reimbursement shall be made by the state for such time as funds are available under the provisions of this chapter or any other law, and when such funds have been expended the state shall not thereafter be obligated.
Sec. 3. NRS 443.050 is hereby amended to read as follows:
443.050 1. Any claim by a county for the care and treatment of a tubercular patient, as provided for in this chapter, shall be presented to the state board of examiners on or before the 20th day of each month for care and treatment rendered during the preceding calendar month, on forms provided by the state board of health. The forms shall be completed in detail under oath by the supervising officer of the hospital or outpatient clinic, or by the individual physician in the case of outpatient care, providing the care and treatment therein charged.
κ1957 Statutes of Nevada, Page 587 (CHAPTER 353, AB 235)κ
2. Any such claims so submitted to the state board of examiners shall be first approved by the board of county commissioners of the proper county and approved by the state board of health, and upon approval thereof by the state board of examiners, the state controller shall draw his warrant therefor and the state treasurer shall pay the same.
Sec. 4. NRS 443.060 is hereby amended to read as follows:
443.060 [1.] No payment shall be made by the state under the provisions of this chapter unless and until a patient has been declared to be entitled to care and treatment under the rules and regulations of the state board of health.
[2. Any county that fails to abide by the residence regulations of the state board of health may be denied participation in the program authorized by this chapter for such period of time as may be designated by the state board of health.]
Sec. 5. NRS 443.070 is hereby amended to read as follows:
443.070 The county of which the tubercular patient is a resident shall arrange for the payment to the hospital or outpatient facility of the costs of such treatment and care in any excess of the amount paid by the state.
Sec. 6. NRS 443.080 is hereby amended to read as follows:
443.080 Any patient who, under the provisions of this chapter, is entitled to receive such care and treatment shall be placed in a hospital, or under the care of a clinic or tuberculosis specialist that has been approved for this purpose by the state board of health. The state board of health shall retain the specific right to reject a claim for outpatient care if such care is not compatible with good medical results or with proper public health control of the disease.
Sec. 7. For the purposes of carrying out the provisions of chapter 443 of NRS relating to the care of the tuberculous there is hereby appropriated out of any moneys in the general fund in the state treasury not otherwise appropriated, for the biennium commending July 1, 1957, and ending June 30, 1959, the sum of $240,000.
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Assembly Bill No. 380Committee on Roads and Transportation
CHAPTER 354
AN ACT to amend chapter 590 of NRS relating to petroleum products and antifreeze by creating new provisions relating to advertisement of petroleum products by retailers and others; to amend NRS section 590.120 relating to petroleum inspection reports; to amend NRS section 590.160 relating to administration of provisions relating to advertisement of petroleum products.
[Approved March 29, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 590.120 is hereby amended to read as follows:
590.120 1. Every person, or any officer, agent or employee thereof, shipping or transporting any gasoline or lubricating oil into this state for sale or consignment, or with intent to sell or consign the same, shall pay to the state treasurer an inspection fee of one-twentieth of a cent per gallon for every gallon of gasoline or lubricating oil so shipped or transported into the state, or that is held for sale within this state; but nothing in this section shall be construed to require the payment of an inspection fee on any shipment or consignment of gasoline or lubricating oil when such inspection fee has already been paid.
κ1957 Statutes of Nevada, Page 588 (CHAPTER 354, AB 380)κ
for sale or consignment, or with intent to sell or consign the same, shall pay to the state treasurer an inspection fee of one-twentieth of a cent per gallon for every gallon of gasoline or lubricating oil so shipped or transported into the state, or that is held for sale within this state; but nothing in this section shall be construed to require the payment of an inspection fee on any shipment or consignment of gasoline or lubricating oil when such inspection fee has already been paid.
2. On or before the 25th day of each calendar month, every person, or any officer, agent or employee thereof, [receiving any of the products] required to pay the inspection fee mentioned in subsection 1 shall send to the state sealer of weights and measures a correct report of [all shipments, consignments or receipts during] the gasoline or oil volumes for the preceding month, and such report shall include [the number of gallons of gasoline and lubricating oil received.] a list of distributors or retailers distributing or selling the products. A copy of such monthly report shall be sent to the state treasurer accompanied by the fees herein required due the state on such gasoline and lubricating oil.
3. Failure to send such report and remittance as specified in subsections 1 and 2 shall be a violation of NRS 590.010 to 590.150, inclusive, punishable as provided in NRS 590.150.
Sec. 2. NRS 590.160 is hereby amended to read as follows:
590.160 NRS 590.160 to 590.330, inclusive, shall be administered by the [public service commission of Nevada.] state sealer of weights and measures.
Sec. 3. Chapter 590 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. 1. Notwithstanding any other provision of law, no person, firm or corporation shall sell or offer for sale, at retail, any gasoline for use in internal combustion engines in motor vehicles, unless such seller posts and keeps conspicuously posted on the individual pump or other dispensing device from which such gasoline is sold or offered for sale a sign or placard which shall:
(a) Be not less than 7 inches in height and 8 inches in width, nor larger than 12 inches in height and 12 inches in width.
(b) State clearly and legibly in numbers of uniform size the selling price or prices per gallon of such gasoline so sold or offered for sale from such pump or other dispensing device.
(c) State clearly and legibly in numbers of uniform size the total amount of taxes per gallon to be collected with the sale of such gasoline.
(d) State clearly and legibly the trade name, brand, mark or symbol, if any, of such gasoline.
2. No sign or placard stating or referring directly or indirectly to the price or prices of gasoline, other than such signs or placards as mentioned in subsection 1, shall be posted or maintained on, at, near or about the premises on which such gasoline is so sold or offered for sale.
Sec. 5. Notwithstanding any other provision of law, no person, firm or corporation shall, in connection with the sale or offer for sale, at retail, of any petroleum products for use in motor vehicles, other than gasoline, post or maintain at such place of sale or offer for sale, any sign, placard or other display that states, relates or refers to the price at which such petroleum products are sold or offered for sale, except as follows:
κ1957 Statutes of Nevada, Page 589 (CHAPTER 354, AB 380)κ
sale, at retail, of any petroleum products for use in motor vehicles, other than gasoline, post or maintain at such place of sale or offer for sale, any sign, placard or other display that states, relates or refers to the price at which such petroleum products are sold or offered for sale, except as follows:
1. Such sign, placard or other device, shall be not less than 7 inches in height and 8 inches in width, nor larger than 12 inches in height and 12 inches in width.
2. The price stated, mentioned or referred to on such sign, placard, or other display shall be by the unit of the measure at which such petroleum products are customarily sold at retail.
3. The name, trade name, brand, mark, or symbol of such petroleum products shall be clearly stated on such sign, placard, or other display, and if such petroleum products are sold without identification by name, trade name, brand, mark or symbol such sign, placard, or other display shall refer clearly to such petroleum products as unbranded.
4. If such petroleum products are sold or delivered by or through the means of dispensing equipment, such sign, placard or other display shall be posted and maintained on such dispensing equipment and at no other place.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 438Committee on Roads and Transportation
CHAPTER 355
AN ACT to amend chapter 481 of NRS relating to administration of motor vehicle laws by creating new provisions and repealing NRS sections 481.010 to 481.120, inclusive, to create the department of motor vehicles, provide for the powers, duties and functions of the department and the various divisions thereof, provide for the appointment, removal, compensation, powers and duties of the director of the department, to provide for the support of the department, and for the transfer of certain personnel, records and property of the public service commission of Nevada and the Nevada tax commission to the department; to amend NRS sections 481.130, 481.140, 481.150, and 481.180 relating to the Nevada highway patrol to place the same under the jurisdiction of the department of motor vehicles and to increase the number of personnel thereof; to amend NRS sections 482.015, 482.025 and 482.140 relating to licensing and registration of motor vehicles, 483.030 and 483.060 relating to operators and chauffeurs licenses, 484.030, 484.050, 484.240, 484.460, 484.580 and 484.660 relating to traffic laws, 485.030 relating to motor vehicle safety responsibility, 486.050, 486.060, 486.070 and 486.090 relating to power cycles, and 487.010 relating to reports of stored vehicles to provide for administration of such functions by the department; to amend chapter 365 of NRS and NRS sections 365.090, 365.100, 365.110, 365.120, 365.130, 365.140, 365.150, 365.160, 365.170, 365.180, 365.190, 365.200, 365.220, 365.230, 365.240, 365.280, 365.290, 365.300, 365.310, 365.320, 365.330, 365.350, 365.360, 365.380, 365.390, 365.400, 365.410, 365.420, 365.430, 365.440, 365.450, 365.460, 365.480, 365.500, 365.510, 365.520, 365.530, 365.540, 365.550, 365.560, 365.570 and 365.590 relating to motor vehicle fuel taxes and chapter 366 of NRS and NRS sections 366.090, 366.110, 366.120, 366.130, 366.140, 366.150, 366.170, 366.180, 366.200, 366.220, 366.230, 366.240, 366.250, 366.270, 366.280, 366.290, 366.300, 366.310, 366.320, 366.340, 366.350, 366.360, 366.390, 366.400, 366.430, 366.450, 366.470, 366.490, 366.500, 366.520, 366.550, 366.560, 366.580, 366.620, 366.630, 366.640, 366.650, 366.660, 366.680 and 366.720 relating to special fuel tax to provide for administration and enforcement of provisions relating to such taxes by the department of motor vehicles instead of the Nevada tax commission; to amend chapter 706 of NRS and NRS sections 706.130, 706.150, 706.160, 706.170, 706.200, 706.210, 706.230, 706.260, 706.270, 706.310, 706.320, 706.330, 706.410, 706.490, 706.500, 706.520, 706.540, 706.550, 706.560, 706.580, 706.590, 706.600, 706.610, 706.620, 706.630, 706.640, 706.650, 706.680, 706.690, 706.710, 706.800, 706.810 and 706.820 relating to motor vehicle carriers to provide for administration by the department of motor vehicles of provisions concerning the licensing of motor vehicle carriers and the use of public highways by such carriers; to amend NRS sections 14.070, 392.400, 392.410 and 439.270 to change miscellaneous references to public service commission of Nevada made necessary by transfer of functions to the department of motor vehicles; and other matters properly relating thereto.
κ1957 Statutes of Nevada, Page 590 (CHAPTER 355, AB 438)κ
366.360, 366.390, 366.400, 366.430, 366.450, 366.470, 366.490, 366.500, 366.520, 366.550, 366.560, 366.580, 366.620, 366.630, 366.640, 366.650, 366.660, 366.680 and 366.720 relating to special fuel tax to provide for administration and enforcement of provisions relating to such taxes by the department of motor vehicles instead of the Nevada tax commission; to amend chapter 706 of NRS and NRS sections 706.130, 706.150, 706.160, 706.170, 706.200, 706.210, 706.230, 706.260, 706.270, 706.310, 706.320, 706.330, 706.410, 706.490, 706.500, 706.520, 706.540, 706.550, 706.560, 706.580, 706.590, 706.600, 706.610, 706.620, 706.630, 706.640, 706.650, 706.680, 706.690, 706.710, 706.800, 706.810 and 706.820 relating to motor vehicle carriers to provide for administration by the department of motor vehicles of provisions concerning the licensing of motor vehicle carriers and the use of public highways by such carriers; to amend NRS sections 14.070, 392.400, 392.410 and 439.270 to change miscellaneous references to public service commission of Nevada made necessary by transfer of functions to the department of motor vehicles; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 365 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Department means the department of motor vehicles.
Sec. 2. NRS 365.090 is hereby repealed.
Sec. 3. NRS 365.100 is hereby amended to read as follows:
365.100 Except as otherwise provided, the [tax commission] department is charged with the administration and enforcement of this chapter.
Sec. 4. NRS 365.110 is hereby amended to read as follows:
365.110 The [tax commission] department shall have power to make all necessary rules and regulations and prescribe all necessary forms or other requirements for the purpose of making the administration of this chapter effective.
Sec. 5. NRS 365.120 is hereby amended to read as follows:
365.120 The [tax commission] department may:
1. Appoint auditors, accountants, inspectors, clerks and such other assistants or agents as it may deem necessary to enforce its powers and perform its duties under this chapter.
2. Fix their compensation and provide for their necessary expenses.
Sec. 6. NRS 365.130 is hereby amended to read as follows:
365.130 1. The [tax commission] department shall have power, by itself or by its duly authorized agents, to make any audit, examination or inquiry of and concerning the records, stocks, facilities, equipment and transactions of dealers, retailers of petroleum products and carriers thereof, and such other investigations as it may deem necessary in carrying out the provisions of this chapter.
2. If any investigation discloses that any report or any payment has been incorrect, the [tax commission] department may make such changes in subsequent reports and payments as may be necessary to correct the error so disclosed.
Sec. 7. NRS 365.140 is hereby amended to read as follows:
365.140 The [tax commission] department shall, upon request duly received from the officials to whom are entrusted the enforcement of the motor vehicle fuel tax laws of any other state, provided such other state furnishes like information to this state, forward to such officer any information which it may have in its possession relative to the manufacture, receipt, sale, use, transportation or shipment by any person of motor vehicle fuel.
κ1957 Statutes of Nevada, Page 591 (CHAPTER 355, AB 438)κ
state furnishes like information to this state, forward to such officer any information which it may have in its possession relative to the manufacture, receipt, sale, use, transportation or shipment by any person of motor vehicle fuel.
Sec. 8. NRS 365.150 is hereby amended to read as follows:
365.150 1. Funds for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund and the county gas tax fund proportionately, upon the presentation of budgets in the manner required by law.
2. All costs of administration of this chapter shall be paid from funds provided by direct legislative appropriation from the state highway fund and the county gas tax fund proportionately on claims presented by the [tax commission,] department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
Sec. 9. NRS 365.160 is hereby amended to read as follows:
365.160 County sheriffs and all other peace officers and traffic officers of this state shall, without further compensation, assist in the enforcement of this chapter, and they shall make arrests for this purpose when requested by the [tax commission] department or its duly authorized agents.
Sec. 10. NRS 365.170 is hereby amended to read as follows:
365.170 In addition to any other taxes provided by law, every dealer shall, not later than the 25th day of each calendar month:
1. Render to the [tax commission] department a statement of all motor vehicle fuel sold, distributed or used by him in the State of Nevada, as well as all motor vehicle fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon under NRS 365.020, during the preceding calendar month; and
2. Pay an excise tax of 4.5 cents per gallon on all motor vehicle fuel so sold, distributed or used, in the manner and within the time prescribed in this chapter.
Sec. 11. NRS 365.180 is hereby amended to read as follows:
365.180 1. In addition to any other tax provided for in this chapter, there is hereby levied an excise tax of one-half per gallon on motor vehicle fuel.
2. This tax shall be accounted for by each dealer and shall be collected in the manner provided in this chapter. The tax shall be paid to the [tax commission] department and delivered by the [tax commission] department to the state treasurer. He shall receipt the dealer therefor.
Sec. 12. NRS 365.190 is hereby amended to read as follows:
365.190 1. Subject to the provisions of subsection 3, in addition to any other tax provided for in this chapter, there is hereby levied an excise tax of 1 cent per gallon on motor vehicle fuel.
2. This tax shall be accounted for by each dealer as to the county in which it is sold to the retailer and shall be collected in the manner provided in this chapter. The tax shall be paid to the [tax commission] department and delivered by the [tax commission] department to the state treasurer. He shall receipt the dealer therefor.
κ1957 Statutes of Nevada, Page 592 (CHAPTER 355, AB 438)κ
3. The provisions of this section shall be deemed to be optional. The board of county commissioners of any county may decline to accept the 1 cent per gallon tax by adoption of a resolution passed prior to July 1, 1947, and which shall be reconsidered and passed once each year within 60 days prior to July 1 of each year as long as the board of county commissioners desires so to act. Upon the adoption of such a resolution no tax shall be collected.
Sec. 13. NRS 365.200 is hereby amended to read as follows:
365.200 1. In addition to any other taxes provided for by this chapter, every person who shall use any inflammable or combustible liquid or other material other than motor vehicle fuel as defined in NRS 365.060 to operate a motor vehicle on the highways of this state, except special fuel as defined in NRS 366.060, shall pay an excise tax as provided by NRS 365.170, 365.180 and 365.190 for each gallon thereof so used, and shall render monthly statements and make monthly payments at the times and in the manner prescribed for dealers in this chapter.
2. Any owner or operator of a motor vehicle who shall import motor vehicle fuel or other fuel or material, except special fuel as defined in NRS 366.060, into this state in the fuel tank or tanks of any such motor vehicle in a quantity exceeding 25 gallons shall, upon demand of the [tax commission] department or its duly authorized agent, pay to the [tax commission] department on such excess motor vehicle fuel the excise tax required to be paid by dealers.
3. Nothing in this chapter shall be construed to require more than one payment of any excise tax upon or in respect to the same fuel.
Sec. 14. NRS 365.220 is hereby amended to read as follows:
365.220 The provisions of this chapter requiring the payment of excise taxes shall not apply to any of the following:
1. Motor vehicle fuel so long as it remains in interstate or foreign commerce.
2. Motor vehicle fuel exported from this state by a dealer.
3. Motor vehicle fuel sold to the United States Government for official use of the United States Armed Forces.
4. Motor vehicle fuel distributed, or delivered on the order of the owner, to a dealer who has furnished bond and security in the amount prescribed in NRS 365.290 and who has established to the satisfaction of the [tax commission] department that the bond is sufficient security to assure payment of all excise taxes as they may become due to the state from him under this chapter. Every dealer claiming exemption shall report the distributions to the [tax commission] department in such detail as the [tax commission] department may require; otherwise, the exemption granted in this subsection shall be void and all fuel shall be considered distributed in this state subject fully to the provisions of this chapter.
Sec. 15. NRS 365.230 is hereby amended to read as follows:
365.230 1. The provisions of this chapter requiring the payment of excise taxes shall not apply to motor vehicle fuel sold by a dealer in individual quantities of 500 gallons or less for export to another state or country by the purchaser other than in the supply tank of a motor vehicle, provided such dealer is licensed in the state of destination to collect and remit the applicable destination state taxes thereon.
κ1957 Statutes of Nevada, Page 593 (CHAPTER 355, AB 438)κ
motor vehicle, provided such dealer is licensed in the state of destination to collect and remit the applicable destination state taxes thereon.
2. In support of any exemption from taxes on account of sales of motor vehicle fuel in individual quantities of 500 gallons or less for export by the purchaser, the dealer shall retain in his files for at least 3 years an export certificate executed by the purchaser in such form and containing such information as shall be prescribed by the [tax commission.] department. This certificate shall be prima facie evidence of the exportation of the motor vehicle fuel to which it applies only if accepted by the dealer in good faith. However, should the purchaser not export any part of the motor vehicle fuel covered by the certificate he shall be required to remit to the [tax commission] department immediately thereafter the applicable amount in taxes due on such part not exported. Upon failure to do so such purchaser shall be subject to all penalties in this chapter for delinquency in payment of taxes.
Sec. 16. NRS 365.240 is hereby amended to read as follows:
365.240 1. Every dealer shall report such exports and sales to the [tax commission] department at such times, on such forms and in such detail as the [tax commission] department may require.
2. Every dealer shall mark clearly upon each invoice rendered for sales upon which no excise tax is required under NRS 365.220 and 365.230 Ex Nevada Motor Vehicle Fuel Tax.
Sec. 17. NRS 365.280 is hereby amended to read as follows:
365.280 1. After April 1, 1935, before becoming a dealer, every person shall apply to the [tax commission,] department, on forms to be prescribed and furnished by the [tax commission,] department, for a license authorizing the applicant to engage in business as a dealer.
2. The fee for each license issued shall be $5, which shall be paid to the [tax commission.] department. All such fees shall be delivered by the [tax commission] department to the state treasurer and shall be credited by him to the state highway fund.
Sec. 18. NRS 365.290 is hereby amended to read as follows:
365.290 1. Before granting any license the [tax commission] department shall require the applicant to file with the [tax commission] department a bond duly executed by the applicant as principal and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and other obligations of the applicant as a dealer.
2. The total amount of the bond or bonds required of any dealer shall be fixed by the [tax commission] department at twice the estimated maximum monthly tax, determined in such manner as the [tax commission] department shall deem proper, and may be increased or reduced by the [tax commission] department at any time subject to the limitations prescribed in this chapter; but the total amount of the bond or bonds of any dealer shall never be less than $1,000 nor more than $10,000.
3. No recovery on any bond, nor the execution of any new bond, nor the revocation, cancellation or suspension of any license shall affect the validity of any bond.
κ1957 Statutes of Nevada, Page 594 (CHAPTER 355, AB 438)κ
4. In lieu of any bond or bonds, a dealer may deposit with the state treasurer, under such terms and conditions as the [tax commission] department may prescribe, a like amount of lawful money of the United States or bonds of the United States or the State of Nevada of a actual market value not less than the amount fixed by the [tax commission] department as provided in subsection 2.
Sec. 19. NRS 365.300 is hereby amended to read as follows:
365.300 Upon approval of the application the [tax commission] department shall issue to the dealer a nonassignable license with a duplicate copy for each place of business of the dealer in this state. The license shall continue in force until canceled, suspended or revoked.
Sec. 20. NRS 365.310 is hereby amended to read as follows:
365.310 1. The [tax commission] department shall have power to suspend, cancel or revoke the license of any dealer refusing or neglecting to comply with the provisions of this chapter.
2. If a dealer becomes delinquent in the payment of excise taxes as prescribed by this chapter to the extent that his liability exceeds the total amount of bond furnished by the dealer, the [tax commission] department shall suspend his license immediately.
3. Before revoking or canceling any license issued under this chapter, the [tax commission] department shall send a notice by registered mail to the dealer at his last-known address. The notice shall order the dealer to show cause why his license should not be revoked by appearing before the [tax commission] department at Carson City, Nevada, or such other place in this state as may be designated by the [tax commission,] department, at a time not less than 10 days after the mailing of the notice. The [tax commission] department shall allow the dealer an opportunity to be heard in pursuance of such notice, and thereafter the [tax commission] department shall have full power to revoke or cancel his license.
Sec. 21. NRS 365.320 is hereby amended to read as follows:
365.320 1. Every motor carrier, whether common, contract or private, transporting motor vehicle fuel as defined in NRS 365.060 or special fuel as defined in NRS 366.060 or other inflammable or combustible liquids in interstate commerce to or from any point within the State of Nevada shall apply to the [tax commission] department for a license authorizing the applicant to engage in business as a carrier.
2. The fee for each license shall be $5, which shall be paid to the [tax commission.] department. All such fees shall be delivered by the [tax commission] department to the state treasurer and shall be credited by him to the state highway fund.
3. The [tax commission] department shall issue to all such licensed carriers an identifying symbol or emblem, which identifying symbol or emblem shall at all times be displayed on the power unit of all tank vehicles of the carrier operating in the State of Nevada. The fee for each identifying symbol or emblem shall be 50 cents for each such identifying symbol or emblem issued.
4. The [tax commission] department shall have the power to suspend, cancel, revoke or reinstate the license of any carrier licensed under this section.
κ1957 Statutes of Nevada, Page 595 (CHAPTER 355, AB 438)κ
5. Before revoking any license issued under this section for cause, the [tax commission] department shall send a notice by registered mail to the carrier at his last-known address. The notice shall order the carrier to show cause why his license should not be revoked by appearing before the [tax commission] department at Carson City, Nevada, or such other place in this state as may be designated by the [tax commission,] department, at a time not less than 10 days after the mailing of the notice. The [tax commission] department shall allow the carrier an opportunity to be heard in pursuance of such notice, and thereafter the [tax commission] department shall have full power to revoke his license.
Sec. 22. NRS 365.330 is hereby amended to read as follows:
365.330 1. The excise taxes prescribed in this chapter shall be paid on or before the 25th day of each calendar month to the [tax commission.] department. The [tax commission] department shall deliver all such taxes to the state treasurer, who shall receipt the dealer or user therefor.
2. From the tax found to be due upon any statement duly and punctually rendered, the dealer or user shall be allowed to deduct 2 percent thereof to cover the dealers or users costs of collection of the tax and of compliance with this chapter and the dealers or users handling losses occasioned by evaporation, spillage or other similar causes.
Sec. 23. NRS 365.350 is hereby amended to read as follows:
365.350 1. At the request of the [tax commission,] department, the attorney general or the district attorney of any county shall collect any delinquent tax with penalties and interest. To that end the attorney general or the district attorney forthwith shall commence and prosecute to final determination an action in the name of the State of Nevada in any court of competent jurisdiction.
2. In any action on a bond filed by a dealer, recovery may be had against the surety without exhausting or seeking a remedy against the dealer.
Sec. 24. NRS 365.360 is hereby amended to read as follows:
365.360 In any action commenced and prosecuted under the provisions of NRS 365.350 the certificate of the [tax commission] department shall be prima facie evidence of the amount of the tax and penalty and of the obligation therefor of the person named in such certificate.
Sec. 25. NRS 365.380 is hereby amended to read as follows:
365.380 1. A claimant for refund shall present to the [tax commission] department an affidavit accompanied by the original invoices showing the purchase. The affidavit shall state the total amount of such fuel so purchased and used by the consumer otherwise than for the propulsion of motor vehicles and the manner and the equipment in which the claimant has used the same.
2. A claimant for refund of tax on motor vehicle fuel purchased and exported from this state shall execute and furnish to the [tax commission] department a certificate of exportation on such form as may be prescribed by the [tax commission.] department.
Sec. 26. NRS 365.390 is hereby amended to read as follows:
365.390 Upon the presentation of such affidavits, invoices, written statements, tax exemption certificates or exportation certificates, the [tax commission] department shall cause to be repaid to the claimant from the taxes collected under this chapter an amount equal to the taxes so paid by the claimant.
κ1957 Statutes of Nevada, Page 596 (CHAPTER 355, AB 438)κ
statements, tax exemption certificates or exportation certificates, the [tax commission] department shall cause to be repaid to the claimant from the taxes collected under this chapter an amount equal to the taxes so paid by the claimant.
Sec. 27. NRS 365.400 is hereby amended to read as follows:
365.400 In the event of the loss of an original invoice, the person claiming a refund may submit in lieu thereof a duplicate copy of the invoice, which shall be retained by the [tax commission] department until the expiration of the period specified for filing of refund applications. No payment of refund based upon a duplicate invoice shall be made until after the expiration of such statutory period.
Sec. 28. NRS 365.410 is hereby amended to read as follows:
365.410 In order to establish the validity of any claim the [tax commission] department may, upon demand, examine the books and records of the claimant for such purpose. The failure of the claimant to accede to such demand constitutes a waiver of all rights to the refund claimed on account of the transactions questioned.
Sec. 29. NRS 365.420 is hereby amended to read as follows:
365.420 All applications for refund based upon exportation of motor vehicle fuel from this state shall be filed with the [tax commission] department within 3 months from the date of exportation. All other applications, together with the necessary supporting evidence, shall be filed with the [tax commission] department within 6 months from the date of purchase. All rights to refunds shall be forfeited if applications are not filed with the [tax commission] department within the times herein prescribed.
Sec. 30. NRS 365.430 is hereby amended to read as follows:
365.430 1. All claims for refunds under this chapter shall be paid from the state highway fund and applicable county gasoline tax funds upon claims presented by the [tax commission,] department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
2. Any refunds to be made of the taxes provided for in NRS 365.180 and 365.190 shall be paid in the manner provided in this chapter and deducted from the amount of any later payment to the county or counties in which the taxes were collected.
Sec. 31. NRS 365.440 is hereby amended to read as follows:
365.440 In lieu of the collection and refund of the tax on motor vehicle fuel used by a dealer in such a manner as would entitle a purchaser to claim refund under the provisions of this chapter, or in lieu of the refund of any prior erroneous payment of tax on motor vehicle fuel to the [tax commission] department made by a dealer, credit may be given the dealer upon his tax return and assessment.
Sec. 32. NRS 365.450 is hereby amended to read as follows:
365.450 No injunction or writ of mandate or other legal or equitable process shall ever issue in any suit, action or proceeding in any court against this state or any officer thereof to prevent or enjoin the collection under this chapter of any excise tax assessed by the [tax commission.] department.
Sec. 33. NRS 365.460 is hereby amended to read as follows:
κ1957 Statutes of Nevada, Page 597 (CHAPTER 355, AB 438)κ
365.460 After payment of any excise tax under protest duly verified, served on the [tax commission,] department, and setting forth the grounds of objection to the legality of the excise tax, the dealer paying the excise tax may bring an action against the state treasurer in the district court in and for Ormsby County for the recovery of the excise tax so paid under protest.
Sec. 34. NRS 365.480 is hereby amended to read as follows:
365.480 1. If judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any excise taxes due from the plaintiff under this chapter, and the balance of the judgment shall be refunded to the plaintiff.
2. In any judgment, interest shall be allowed at the rate of 6 percent per annum upon the amount of the excise tax found to have been collected illegally from the date of payment thereof to the date of allowance of credit on account of such judgment or to a date preceding the date of the refund warrant by not more than 30 days, such date to be determined by the [tax commission.] department.
Sec. 35. NRS 365.500 is hereby amended to read as follows:
365.500 1. Every dealer shall cause to be kept a true record, in such form as may be prescribed or approved by the [tax commission,] department, of all stocks of motor vehicle fuel and of other inflammable or combustible liquids, and of all manufacture, refining, compounding, blending, purchases, receipts, transportations, use, sales and distribution thereof.
2. Such records shall be subject to inspection at all times within business hours by the [tax commission] department or its duly authorized agents, and shall remain so available for inspection for a period of 3 years from the date of any entry therein.
3. Should any dealer wish to keep proper books and records pertaining to business done in Nevada elsewhere than within the State of Nevada for inspection as provided in this section, he shall pay a fee for such examination of $10 per day for each day or fraction thereof during which the examiner is actually engaged in examining the dealers books, plus the actual expenses of the examiner during the time that the examiner is absent from Carson City, Nevada, for the purpose of making such examination; but such time shall not exceed 1 day going to and 1 day coming from the place where the examination is to be made in addition to the number of days or fractions thereof the examiner is actually engaged in auditing the dealers books. Not more than two such examinations shall be charged against any dealer in any year.
4. Upon the demand of the [tax commission] department or at such times as the [tax commission] department may prescribe by regulation, every dealer shall furnish a statement showing the contents of the records to such extent, in such detail and in such form as the [tax commission] department may require.
Sec. 36. NRS 365.510 is hereby amended to read as follows:
365.510 1. Every retailer shall maintain and keep within the state for a period of 3 years a true record of motor vehicle fuel received, of the price thereof and the name of the person supplying the same, together with delivery tickets, invoices and such other records as the [tax commission] department may require.
κ1957 Statutes of Nevada, Page 598 (CHAPTER 355, AB 438)κ
together with delivery tickets, invoices and such other records as the [tax commission] department may require.
2. Such records shall be subject to inspection by the [tax commission] department or its duly authorized agents at all times within business hours.
Sec. 37. NRS 365.520 is hereby amended to read as follows:
365.520 1. Every carrier, whether common, contract or private, except a dealer licensed under this chapter or a wholesale distributor, transporting the products of a dealer licensed under this chapter, transporting motor vehicle fuel as defined in NRS 365.060 or special fuel as defined in NRS 366.060 in interstate commerce to or from any point within the State of Nevada shall report under oath to the [tax commission] department all deliveries so made.
2. Such report shall cover the period of each calendar month and shall be filed within 25 days after the end of such month. The report shall show:
(a) The name and address of every consignor and consignee and of every person other than the designated consignee to whom delivery has actually been made.
(b) The date of every delivery.
(c) The amount of every delivery in gallons.
(d) Such other information as the [tax commission] department may require.
3. The [tax commission] department or its duly authorized agents may examine the books and records of any carrier during business hours to determine if the provisions of this section have been or are being complied with.
Sec. 38. NRS 365.530 is hereby amended to read as follows:
365.530 1. Every person transporting on any highway of the State of Nevada motor vehicle fuel or other inflammable or combustible liquids in an amount of 25 gallons or more must have in his possession at all times during such transportation an invoice, bill of sale or other document showing the name and address of the seller or consignor and of the buyer or consignee, if any, of the product so transported. He shall produce and exhibit the same to any sheriff, deputy sheriff, police officer or authorized agent of the [tax commission] department upon request or demand.
2. Any person engaged in transporting motor vehicle fuel or other inflammable or combustible liquids by tank truck or tank truck and trailer to be delivered to a dealer or any reseller of such products or to persons known to the trade as commercial consumers shall be required only to have in his possession adequate evidence showing the amount of the motor vehicle fuel or other inflammable or combustible liquids loaded in his conveyance at the time the conveyance left its loading point, and the name and address of the dealer who has assumed or is charged with the responsibility for the payment of the tax due thereon, if any. The date of delivery thereto must be furnished the [tax commission] department upon request.
Sec. 39. NRS 365.540 is hereby amended to read as follows:
365.540 1. The money collected as prescribed by NRS 365.170 shall be placed to the credit of the state highway fund by the state treasurer.
κ1957 Statutes of Nevada, Page 599 (CHAPTER 355, AB 438)κ
2. The money collected as prescribed by NRS 365.180 and 365.190 shall be placed to the credit of the county gasoline tax fund by the state treasurer and shall be allocated by the [tax commission] department to the counties as prescribed in NRS 365.550 and 365.560.
3. The money collected as prescribed by NRS 365.200 shall be placed to the credit of the state highway fund and the county gasoline tax fund by the state treasurer, and the allocation of the county excise tax shall be made by the [tax commission] department as prescribed by NRS 365.550 and 365.560.
Sec. 40. NRS 365.550 is hereby amended to read as follows:
365.550 1. The receipts of the tax as levied in NRS 365.180 shall be allocated monthly by the [tax commission] department to the counties upon the following formula:
(a) One-fourth in proportion to total area.
(b) One-fourth in proportion to population, according to the latest available federal census.
(c) One-fourth in proportion to road mileage and street mileage (non-federal aid primary roads).
(d) One-fourth in proportion to vehicle miles of travel on roads (non-federal aid primary roads).
2. The amount due the counties under the formula shall be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties, and the state treasurer shall pay the same out of the proceeds of the tax levied in NRS 365.180.
3. Moneys received by the counties by reason of the provisions of this section shall be used exclusively for the construction, maintenance and repair of county roads, and for the purchase of equipment for such work, under the direction of the boards of county commissioners of the several counties, and shall not be used to defray expenses of administration.
Sec. 41. NRS 365.560 is hereby amended to read as follows:
365.560 1. The receipts of the tax as levied in NRS 365.190 shall be allocated monthly by the [tax commission] department to the counties in which the tax payment originates.
2. Such receipts shall be apportioned between the county and incorporated cities within the county from the general road fund of the county in the same ratio as the assessed valuation of property within the boundaries of the incorporated cities within the county bears to the total assessed valuation of property within the county, including property within the incorporated cities.
3. All such money so apportioned to a county shall be expended by the county solely for the construction, maintenance and repair of the public highways of the county and for the purchase of equipment for such work, and shall not be used to defray the expenses of administration.
4. All such money so apportioned to incorporated cities shall be expended only upon the streets, alleys and public highways of such city, other than state highways, under the direction and control of the governing body of the city.
Sec. 42. NRS 365.570 is hereby amended to read as follows:
κ1957 Statutes of Nevada, Page 600 (CHAPTER 355, AB 438)κ
365.570 1. It is unlawful for any person:
(a) To refuse or neglect to make any statement, report or return required by the provisions of this chapter;
(b) Knowingly to make, or aid or assist any other person in making, a false statement in a report to the [tax commission] department or in connection with an application for refund of any tax;
(c) Knowingly to collect or attempt to collect or cause to be repaid to him or to any person, either directly or indirectly, any refund of any tax without being entitled to the same;
(d) To engage in business in this state as a dealer or to act as a carrier of motor vehicle fuel or special fuel or other inflammable or combustible liquids without being the holder of an uncanceled license authorizing him to engage in such business or to act in such capacity;
(e) To sell any motor vehicle fuel upon which the tax imposed by this chapter shall not be paid, purchased by or consigned to him by any person other than a duly licensed dealer; or
(f) To act as an agent to sell any motor vehicle fuel, obtained in any manner, upon which the tax imposed by this chapter shall not be paid.
2. Each day or part thereof during which any person shall engage in business as a dealer without being the holder of an uncanceled license shall constitute a separate offense within the meaning of this section.
3. Any person violating any of the provisions of this section is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.
Sec. 43. NRS 365.590 is hereby amended to read as follows:
365.590 The [tax commission] department is authorized to have paid out of the state highway fund all expenses incurred in the prosecution before any court of this state of any person charged with the violation of any of the provisions of this chapter.
Sec. 44. Chapter 366 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Department means the department of motor vehicles.
Sec. 45. NRS 366.090 is hereby repealed.
Sec. 46. NRS 366.110 is hereby amended to read as follows:
366.110 The [tax commission] department is:
1. Charged with the enforcement of the provisions of this chapter.
2. Authorized and empowered to prescribe, adopt and enforce rules and regulations relating to the administration and enforcement of this chapter.
Sec. 47. NRS 366.120 is hereby amended to read as follows:
366.120 The [tax commission] department may employ such accountants, auditors, investigators, assistants and clerks as it may deem necessary for the efficient administration of this chapter, and may fix their compensation and provide for their necessary expenses.
Sec. 48. NRS 366.130 is hereby amended to read as follows:
366.130 1. Funds for the administration of the provisions of this