[Rev. 2/28/2019 2:48:24 PM]
κ1965 Statutes of Nevada, Page 1237 (CHAPTER 455, AB 450)κ
by the insurer, without evidence of insurability, an individual policy of life insurance without disability or other supplementary benefits, provided application for the individual policy shall be made, and the first premium paid to the insurer, within 31 days after such termination, and provided:
(a) That the individual policy shall, at the option of such person, be on any one of the forms, except term insurance, then customarily issued by the insurer at the age and for the amount applied for;
(b) That the individual policy shall be in an amount not in excess of the amount of life insurance which ceases because of such termination, less [, in the case of a person whose membership in the class or classes eligible for coverage terminates but who continues in employment in another class,] the amount of any life insurance for which such person is or becomes eligible under any other group policy within 31 days after such termination, provided that any amount of insurance which shall have matured on or before the date of such termination as an endowment payable to the person insured, whether in one sum or in installments or in the form of an annuity, shall not, for the purposes of this provision, be included in the amount which is considered to cease because of such termination; and
(c) That the premium on the individual policy shall be at the insurers then customary rate applicable to the form and amount of the individual policy, to the class of risk to which such person then belongs, and to his age attained on the effective date of the individual policy.
9. A provision that if the group policy terminates or is amended so as to terminate the insurance of any class of insured persons, every person insured thereunder at the date of such termination whose insurance terminates and who has been so insured for at least 5 years prior to such termination date shall be entitled to have issued to him by the insurer an individual policy of life insurance, subject to the same conditions and limitations as are provided by subsection 8, except that the group policy may provide that the amount of such individual policy shall not exceed the smaller of:
(a) The amount of the persons life insurance protection ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which he is or becomes eligible under any group policy issued or reinstated by the same or another insurer within 31 days after such termination; or
(b) $2,000.
10. A provision that if a person insured under the group policy dies during the period within which he would have been entitled to have an individual policy issued to him in accordance with subsection 8 or 9 and before such an individual policy shall have become effective, the amount of life insurance which he would have been entitled to have issued to him under such individual policy shall be payable as a claim under the group policy, whether or not application for the individual policy or the payment of the first premium therefor has been made.
11. In the case of a policy issued to a creditor to insure debtors of such creditor, a provision that the insurer will furnish to the policy holder for delivery to each debtor insured under the policy a form which shall contain a statement that the life of the debtor is insured under the policy and that any death benefit paid thereunder by reason of his death shall be applied to reduce or extinguish the indebtedness.
κ1965 Statutes of Nevada, Page 1238 (CHAPTER 455, AB 450)κ
holder for delivery to each debtor insured under the policy a form which shall contain a statement that the life of the debtor is insured under the policy and that any death benefit paid thereunder by reason of his death shall be applied to reduce or extinguish the indebtedness.
Sec. 6. This act shall become effective upon passage and approval.
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Assembly Bill No. 451Committee on Banking, Insurance and Corporations
CHAPTER 456
AN ACT to amend NRS sections 692.060 to 692.090, inclusive, relating to the classifications of and policy provisions for group accident and health insurance, by redefining the scope of trustees as policyholders; by adding individual proprietors, retired employees, elected or appointed officials and trustees to the list of insured employees; by denominating labor unions as associations eligible for such insurance; by eliminating minimum size requirement of associations; by defining employees under policies issued to trustees; by deleting provisions relating to common carriers of passengers, volunteer fire departments and institutions of learning; by adding a provision making eligibility for group life insurance policies a qualification for group accident and health policies; by providing conditions under which written statements made for purpose of effecting insurance shall avoid or reduce benefits; by deleting provisions relating to termination of coverage by reason of age; by providing that summary statements be issued to insured persons; by deleting provisions relating to premium dates; by providing for a simplified standard to determine timeliness of notice of claims and legal actions; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 692.060 is hereby amended to read as follows:
692.060 Any company authorized to do the business of accident and health insurance in this state may issue group policies insuring against bodily injury or death caused by accident or by accidental means or against sickness, or both. [, coming within any of the following classifications:] Group accident and health insurance is hereby declared to be that form of accident and health insurance covering groups of persons as defined below, with or without one or more members of their families or one or more of their dependents, or covering one or more members of the families or one or more dependents of such groups of persons, and issued upon the following basis:
1. [A] Under a policy issued to an employer [,] or trustees of a fund established by an employer, who shall be deemed the policy-holder, insuring at least five employees of such employer for the benefit of persons other than the employer. [, or to the trustees of a fund established by two or more employers or by one or more labor unions, or by one or more employers and one or more labor unions, which trustees shall be deemed the policyholder, insuring at least 25 employees of such employers or members of such union or both for the benefit of persons other than the trustees, employers or unions.
κ1965 Statutes of Nevada, Page 1239 (CHAPTER 456, AB 451)κ
persons other than the trustees, employers or unions. Employees] The term employees as used in this subsection shall be deemed to include the officers, managers and employees of the employer, the [partners,] individual proprietor or partner, if the employer is [a] an individual proprietor or partnership, the officers, managers and employees of subsidiary or affiliated corporations of a corporation employer, and the individual proprietors, partners and employees of individuals and firms, [the business of which is controlled by the insured employer] if the business of the employer and such individual or firm is under common control through stock ownership, contract or otherwise. The term employees as used in this subsection may include retired employees. A policy issued to insure employees of a public body may provide that the term employees shall include elected or appointed officials. The policy may provide that the term employees shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship. No director of a corporate employer or any partner in a partnership shall be eligible for insurance under the policy unless such person is otherwise eligible by being actively engaged in and devoting a substantial part of his time to the conduct of the business of the corporation or partnership. [Employer as used in this subsection may be deemed to include any municipal or governmental corporation, unit, agency or department thereof and the proper officers, as such, of any unincorporated municipality or department thereof, as well as private individuals, partnerships and corporations.
2. A] 2. Under a policy issued to an association of employers [or] , an association whose members are in the same industry, occupation or profession, or a labor union, and which has a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring [at least 25] members, employees, or employees of members of the association for the benefit or persons other than the association or its officers or trustees. [as such.
3. A policy issued to any common carrier of passengers, insuring all persons who may become passengers of such carrier or all of any class or classes thereof determined by the means of transportation used by the insured class or classes, insuring against bodily injury or death either while or as a result of being such passengers.
4. A policy issued to a college, school or other institution of learning or to the head or principal thereof, insuring students, or students and employees, of such institution.
5. A policy issued to or in the name of any volunteer fire department, insuring all of the members of such department against any one or more of the hazards to which they are exposed by reason of such membership.
6. A policy issued to a creditor insuring a group of debtors, as defined in NRS 690.110, and under the same conditions and limitations as specified in such section, but the amount of indemnity payable with respect to any person insured thereunder shall not at any time exceed the aggregate of the periodic scheduled unpaid installments or the sum of $10,000, whichever is less.]
κ1965 Statutes of Nevada, Page 1240 (CHAPTER 456, AB 451)κ
sum of $10,000, whichever is less.] The term employees as used in this subsection may include retired employees.
3. Under a policy issued to the trustees of a fund established by two or more employers in the same or related industries or by one or more labor unions or by one or more employers and one or more labor unions or by an association as qualified in subsection 2, which trustees shall be deemed the policyholder, insuring employees of the employers or members of the unions or of such association, or employees of members of such association for the benefit of persons other than the employers or the unions or such association. The term employees as used in this subsection may include the officers, managers and employees of the employer and the individual proprietor or partners if the employer is an individual proprietor or partnership. The term employees as used in this subsection may include retired employees. The policy may provide that the term employees shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship.
4. Under a policy issued to a creditor insuring a group of debtors, as defined in NRS 690.110, and under the same conditions and limitations as specified in such section, but the amount of indemnity payable with respect to any person insured thereunder shall not at any time exceed the aggregate of the periodic scheduled unpaid installments or the sum of $10,000, whichever is less.
5. Under a policy issued to any person or organization to which a policy of group life insurance may be issued or delivered in the state insuring any class or classes of individuals that could be insured under such group life policy.
6. Under a policy issued to cover any other substantially similar group which, in the discretion of the commissioner, may be subject to the issuance of a group accident and health policy or contract.
Sec. 2. NRS 692.070 is hereby amended to read as follows:
692.070 [Any insurance company authorized to write accident and health insurance in this state shall have power to issue group accident and health policies. No policy of group accident and health insurance may be issued or delivered in this state unless a copy of the form thereof shall have been filed with the commissioner and approved by him in accordance with NRS 692.030, and each such policy issued shall contain in substance the following provisions:
1. A provision that the policy and the application or applications submitted in connection therewith shall constitute the entire contract between or among the parties, and that all statements contained in such applications, in the absence of fraud, shall be deemed representations and not warranties.
2. A provision to the effect that insurability of an employee does not cease to exist or terminate, by reason of age alone, until the employee has attained the age of 70 years.
3. A provision that the company, corporation, society or organization issuing such a policy will issue to the employer for delivery to each insured employee an individual certificate or document setting forth a statement as to the insurance protection to which such employee is entitled, to whom payable, and such other or additional information as the nature of the transaction justly requires.
κ1965 Statutes of Nevada, Page 1241 (CHAPTER 456, AB 451)κ
is entitled, to whom payable, and such other or additional information as the nature of the transaction justly requires.
4. A provision that all new employees or all new members, as the case may be, in the groups or classes eligible for such insurance, must be added to such groups or classes for which they are respectively eligible.
5. A provision that all premiums are payable by or through the employer to the company or insurer at its home office, or to its duly authorized agent, if so provided, on or before the due date thereof, with such period of grace as may be lawful and agreed upon; that premium adjustments corresponding to changed conditions or termination of service shall be granted.
6. A provision that written notice of injury or sickness on which a claim or claims may be based shall be given to the company or insurer at its home office within 5 days after the date of the accident causing such injury or within 10 days after the commencement of disability from such sickness; but failure to give such notice within such time shall not invalidate any such claim if it shall be shown that such notice was given as soon as reasonably possible and without unnecessary delay.
7. A provision that any such policy may be issued or delivered in this state with the understanding, on proper advice, that in the opinion of the commissioner it contains provisions on any one or more of the several requirements equally favorable or more favorable to the employer or to the employees than required by law and otherwise complies therewith.
8. A provision to the effect that no action at law or in equity shall be brought to recover on such policy prior to the expiration of 60 days after proof of loss has been filed in accordance with the requirements thereof, nor shall such action be brought at all unless brought within 2 years from the expiration of the time within which proof of loss is required by such policy.] Each group accident and health policy issued shall contain in substance the following provisions:
1. A provision that, in the absence of fraud, all statements made by applicants, policyholders or insured persons shall be deemed representations and not warranties, and that no statement made for the purpose of effecting insurance shall avoid such insurance or reduce benefits unless contained in a written instrument signed by the policyholder or the insured person, a copy of which has been furnished to such policyholder or person or his beneficiary.
2. A provision that the insurer will furnish to the policyholder for delivery to each employee or member of the insured group a statement in summary form of the essential features of the insurance coverage of such employee or member and to whom benefits thereunder are payable. If dependents are included in the coverage, only one statement need be issued for each family unit.
3. A provision that to the group originally insured may be added from time to time eligible new employees or members or dependents, as the case may be, in accordance with the terms of the policy.
Sec. 3. NRS 692.080 is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 1242 (CHAPTER 456, AB 451)κ
692.080 Any policy coming within the classification of subsection 1 [or 2] , 2 or 3 of NRS 692.060 may provide for the payment of benefits or reimbursement for expenses with respect to any one or more of the following contingencies: Burial expense, not to exceed $200, or hospitalization or medical or surgical treatment of an insured employee or member, as the case may be, his spouse, his child or children, or other persons chiefly dependent upon him for support.
Sec. 4. NRS 692.090 is hereby amended to read as follows:
692.090 The [requirements] requirement of subsection 1 of NRS 692.060 that the insurance be for the benefit of persons other than the employer [, and the requirement of subsections 1, 2 and 4 of NRS 692.060 that at least 25 persons be insured,] shall not apply to policies insuring only against aviation or transportation hazards.
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Assembly Bill No. 473Messrs. Swobe and Fike
CHAPTER 457
AN ACT to amend NRS section 107.080, relating to the procedure on exercise of a trustees power of sale, by providing for computation of the period in which a grantor may cure a deficiency and providing that acceleration of amounts due shall not occur if the deficiency is cured within such period.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 107.080 is hereby amended to read as follows:
107.080 1. Where any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation, for which such transfer is security.
2. The power of sale shall not be exercised, however, until:
(a) In the case of any trust agreement coming into force on or after July 1, 1949, and before July 1, 1957, the grantor has for a period of 15 days, computed as prescribed in subsection 3, failed to make good his deficiency in performance or payment, and, in the case of any trust agreement coming into force on or after July 1, 1957, the grantor has for a period of 35 days, computed as prescribed in subsection 3, failed to make good his deficiency in performance or payment; and
(b) The beneficiary, the successor in interest of the beneficiary or the trustee shall first [record] execute and cause to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of such breach and of his election to sell or cause to be sold such property to satisfy the obligation; and
(c) Not less than 3 months have elapsed after the recording of such notice.
κ1965 Statutes of Nevada, Page 1243 (CHAPTER 457, AB 473)κ
3. The 15- or 35-day period provided in paragraph (a) of subsection 2 shall commence on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by certified mail with postage prepaid to the grantor or to his successor in interest at the address of such grantor or his successor in interest if such address is known, otherwise to the address of the trust property. Such notice of default and election to sell shall describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due and payable if such acceleration is permitted by the obligation secured by the deed of trust, but such acceleration shall not occur if the deficiency in performance or payment is made good and the cost of recording such notice is paid within the time specified in subsection 2.
4. The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of such 3-month period following the recording of such notice of breach and election to sell, and prior to the making of such sale, give notice of the time and place thereof in the manner and for a time not less than that required by law for the sale or sales of real property upon execution. The sale itself may be made at the office of the trustee, if the notice so provided, whether the property so conveyed in trust is located within the same county as the office of the trustee or not.
[4.] 5. Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor without equity or right of redemption.
Sec. 2. This act shall become effective at 12:05 a.m. on July 1, 1965.
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Assembly Bill No. 485Messrs. Wood and Petrini
CHAPTER 458
AN ACT to amend Title 33 of NRS, relating to libraries and museums, by adding a new chapter establishing the Nevada heritage association as a state institution; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 33 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. The Nevada heritage association is hereby established as an institution of the State of Nevada.
Sec. 3. The general objects and powers of the Nevada heritage association are to:
κ1965 Statutes of Nevada, Page 1244 (CHAPTER 458, AB 485)κ
1. Coordinate the efforts of various individuals and associations interested in the restoration of the Virginia & Truckee Railroad from Carson City to Virginia City.
2. Serve as the means through which V & T equipment now scattered throughout the United States can be returned and operated in its original environment.
3. Obtain surplus government equipment which can be used in the restoration of a portion of the Virginia & Truckee Railroad.
4. Obtain other historical equipment for operation when the retention of such objects would not conflict with the functions of the Nevada state museum or the Nevada historical society.
Sec. 4. The Nevada heritage association shall receive a nominal sum from the State of Nevada, not to exceed $1 per year, unless otherwise provided by the legislature.
Sec. 5. The office of executive secretary of the Nevada heritage association is hereby created. Such secretary shall be appointed by the members of the association and shall receive no salary whatsoever from the State of Nevada.
Sec. 6. The association may accept donations from private sources and may accept other funds and property, to be used only for the legitimate purposes of the association.
Sec. 7. The executive secretary shall submit a complete certified report of the property inventory, finances and activities of the association to an appropriate committee of each regular legislative session of the legislature and on an annual basis to the governor.
Sec. 8. The association may adopt such rules and regulations not in conflict with law as will best further the legitimate purposes of the association.
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Assembly Bill No. 489Clark County Delegation
CHAPTER 459
AN ACT to amend chapter 117 of NRS, relating to condominiums, by adding new sections providing specifications of maps or plans to be recorded; providing for recording fees; and providing for certificates to be presented prior to recording.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 117 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3, of this act.
Sec. 2. 1. All condominium maps or plans filed under the provisions of this chapter shall be made upon vellum, tracing cloth or any other material of a permanent nature generally used for such purpose in the engineering profession, and shall be of uniform size, 24 by 32 inches, with a borderline 2 inches from the left edge in order to leave room for binding. No map or plan shall be accepted for filing made upon ordinary paper or blueprint.
κ1965 Statutes of Nevada, Page 1245 (CHAPTER 459, AB 489)κ
2. For filing each condominium map or plan the county recorder shall collect a fee of 25 cents for each unit mapped, and 50 cents for indexing the map or plat.
Sec. 3. At the time any condominium map or plan is presented to the county recorder for recording the following certificates shall be presented to be recorded immediately prior to such map or plan:
1. A subdivision report from a reputable title company showing the names of the parties who may be required to sign the map or plan and guaranteeing that the names of the parties contained therein are the only parties who are required to sign such map or plan.
2. A certificate from a reputable title company showing that there are no liens against the condominium or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.
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Assembly Bill No. 493Committee on Taxation
CHAPTER 460
AN ACT amend chapter 370 of NRS and NRS sections 370.140, 370.250, 370.270, 370.380 and 370.390, relating to cigarette licenses and taxes, by adding definitions; providing for the regulation of cigarette vending machine operators; providing for the seizure of unstamped cigarettes and of vending machines; increasing penalties; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. As used in this chapter, cigarette vending machine operator means any person licensed to sell only Nevada stamped cigarettes by means of coin operated machines anywhere in Nevada.
Sec. 3. As used in this chapter, sale or to sell includes any of the following:
1. To exchange, barter, possess or traffic in;
2. To solicit or receive an order for;
3. To keep or expose for sale;
4. To deliver for value;
5. To peddle;
6. To possess with intent to sell;
7. To transfer to anyone for sale or resale;
8. To possess or transport in contravention of this chapter;
9. To traffic in for any consideration, promised or obtained directly or indirectly; or
10. To procure or allow to be procured for any reason.
Sec. 4. As used in this chapter, wholesale dealer means any person licensed to sell either cigarette revenue adhesive stamped or metered machine revenue impression stamped cigarettes to Nevada retail dealers, other Nevada licensed wholesalers or Nevada cigarette vending machine operators.
κ1965 Statutes of Nevada, Page 1246 (CHAPTER 460, AB 493)κ
metered machine revenue impression stamped cigarettes to Nevada retail dealers, other Nevada licensed wholesalers or Nevada cigarette vending machine operators.
Sec. 5. NRS 370.140 is hereby amended to read as follows:
370.140 1. Wholesale cigarette dealers licenses shall permit the holders thereof to sell cigarettes [at any place within the State of Nevada to retail dealers or other licensed wholesalers.] to retail dealers, or to other Nevada licensed wholesale cigarette dealers, or to cigarette vending machine operators anywhere in Nevada.
2. No retailer, retail cigarette dealer or cigarette vending machine operator shall purchase any cigarettes from other than a Nevada licensed wholesale cigarette dealer.
Sec. 6. NRS 370.250 is hereby amended to read as follows:
370.250 1. If any licensee or shipper of cigarettes upon which a tax is required to be paid fails to make a report to the tax commission or its agents on or before the date due, the tax commission may suspend his license or permit until the report is received and found to be correct.
2. The tax commission may temporarily suspend or permanently revoke the licenses of any wholesale cigarette dealer for violating, or causing or permitting to be violated, any of the provisions of this chapter.
Sec. 7. NRS 370.270 is hereby amended to read as follows:
370.270 1. Except as otherwise provided in this chapter, every manufacturer, distributor, wholesaler or retailer making a sale or sales to ultimate consumers shall, at the time of such sale, see that each package, packet or container has the Nevada cigarette revenue stamp or stamps properly affixed to each package, packet or container.
2. Every cigarette vending machine operator placing cigarettes in his coin-operated cigarette vending machines for sale to the ultimate consumers shall at the time of placing such cigarettes in his machine see that each package, packet or container has the Nevada cigarette revenue stamp or stamps properly affixed to each package, packet or container.
3. No unstamped packages, packets or containers of cigarettes can lawfully be accepted or held in the possession of a retail cigarette dealer [.] or a cigarette vending machine operator.
4. Any cigarettes found in the possession of any person except a licensed Nevada wholesaler or held under the provisions of NRS 370.300 which do not bear indicia of Nevada excise tax stamping shall be seized by the Nevada tax commission or any of its agents, and caused to be stamped by a licensed cigarette wholesaler, or confiscated and sold by the Nevada tax commission or its agents to the highest bidder among the licensed importers in this state. If there is no such bidder, the cigarettes shall be destroyed or disposed of as the tax commission may see fit. The proceeds of all such sales shall be classed as revenues derived under the provisions of this chapter.
5. Any cigarette vending machine in which such cigarettes are found may be so seized and sold to the highest bidder.
Sec. 8. NRS 370.380 is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 1247 (CHAPTER 460, AB 493)κ
370.380 1. It shall be unlawful for any person, with intent to defraud the state:
(a) To make, alter, forge or counterfeit any license, permit, stamp or cigarette tax meter impression provided for in NRS 370.080 to 370.340, inclusive; or
(b) To have in his possession any forged, counterfeited, spurious or altered license, permit, stamp or cigarette tax meter impression, with intent to use the same, knowing or having reasonable grounds to believe the same to be such; or
(c) To have in his possession one or more cigarette stamps or cigarette tax meter impressions which he knows have been removed from the pieces of packages or packages of cigarettes to which they were affixed; or
(d) To affix to any piece of a package or package of cigarettes a stamp or cigarette tax meter impression which he knows has been removed from any other piece of a package or package of cigarettes [.] ; or
(e) To have in his possession for the purpose of sale cigarettes which do not bear indicia of Nevada excise tax stamping. Presence of such cigarettes in a cigarette vending machine shall be prima facie evidence of the purpose to sell.
2. Any person who violates any of the provisions of subsection 1 shall, upon conviction thereof, be punished by a fine of [not less than $100 nor more than $1,000,] $10,000, or shall be imprisoned in the state prison for not less than [1 year] 2 years nor more than [3] 10 years.
Sec. 9. NRS 370.390 is hereby amended to read as follows:
370.390 Except as otherwise provided in NRS 370.380, any person violating any of the provisions of NRS 370.080 to 370.340, inclusive, shall be [guilty of a misdemeanor, and upon conviction thereof shall be] punished by a fine of not less than [$50] $500 nor more than [$500,] $1,000, or by imprisonment in the [county jail for not to exceed 6 months, or by both fine and imprisonment.] state prison for a period of not less than 1 year nor more than 3 years.
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κ1965 Statutes of Nevada, Page 1248κ
Assembly Bill No. 497Committee on Taxation
CHAPTER 461
AN ACT to amend NRS sections 361.260, 361.340, 361.380 and 361.505, relating to the method of assessing property, county and state boards of equalization and collection of personal property taxes, by requiring county assessors to appraise property using standards approved by the Nevada tax commission and reappraise all property at regular intervals; by authorizing the Nevada tax commission to establish procedures for county boards of equalization; by extending state board of equalization meeting dates; and by allowing proration of personal property taxes; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.260 is hereby amended to read as follows:
361.260 1. Between July 1 and December 31 in each year, the county assessor, except when otherwise required by special enactment, shall ascertain by diligent inquiry and examination all real and personal property in his county subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the same. He shall then determine the full cash value or all such property and he shall then list and assess the same at 35 percent of its full cash value to the person, firm, corporation, association or company owning it.
2. In arriving at the value of all public utilities of an intracounty nature, the intangible or franchise element shall be considered as an addition to the physical value and a portion of the full cash value.
3. In addition to the inquiry and examination required in subsection 1, the county assessor shall appraise property using standards approved by the Nevada tax commission, and reappraise all property at least once every 5 years thereafter using the same standards.
Sec. 2. NRS 361.340 is hereby amended to read as follows:
361.340 1. The board of equalization of each county shall consist of:
(a) The board of county commissioners.
(b) One member of the board of trustees of the county school district to be selected by the board of trustees.
(c) One member of a city council or like officer of each incorporated city in the county to be appointed by the city council of such city. If there be no incorporated city within the county, the board of county commissioners shall appoint a taxpayer, residing within an unincorporated city, town or village in the county, who is not a member of the board of county commissioners. The clerk of the board of county commissioners shall be the clerk of the county board of equalization.
2. A majority of the members of the county board of equalization shall be sufficient to constitute a quorum, and a majority of the board shall determine the action of the board.
3. The county board of equalization of each county shall meet during the month of January of each year, and shall hold such number of meetings during that month as may be necessary to care for the business of equalization presented to it [.
κ1965 Statutes of Nevada, Page 1249 (CHAPTER 461, AB 497)κ
of meetings during that month as may be necessary to care for the business of equalization presented to it [. The business of equalization must be concluded during the month of January.] , and in any event shall meet at least once each week during the time provided by this section. The county board of equalization shall conclude the business of equalization on or before the 25th day of January of each year. The Nevada tax commission shall have power to establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of county boards of equalization to explain legal provisions and the authority of the county boards.
4. The county assessor shall attend all meetings of the county board of equalization, without additional compensation.
Sec. 3. NRS 361.380 is hereby amended to read as follows:
361.380 1. Annually, the state board of equalization shall convene on the 1st Monday in February in Carson City, Nevada, [at 10 a.m., and continue in session from day to day until the business of such session shall be completed; but such session shall not continue beyond the 3rd Monday in February.] and shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. All protests to the state board of equalization shall be made on or before the 4th Monday of February and the state board of equalization shall conclude the business of equalization on or before the 4th day of March in each year.
2. The publication in the statutes of the foregoing time, place and purpose of each regular session of the state board of equalization shall be deemed notice of such sessions, or if it so elects, the state board of equalization may cause published notices of such regular sessions to be made in the press, or may notify parties in interest by letter or otherwise.
3. Special sessions may be held at such times and places and for such purposes as the state board of equalization may declare by giving notice thereof by publication of such notice once a week for 2 consecutive weeks in some newspaper of general circulation in the county in which the special session is to be held, or by giving 5 days notice by personal service, or by registered mail, to the person, firm or corporation affected, stating the time, place, objects and purposes of such special session.
Sec. 4. 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 county assessor shall prorate the tax on personal property brought into or entering the state or county for the first time during the fiscal year by reducing the tax one-twelfth for each full month which has elapsed since the beginning of the fiscal year. 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.
κ1965 Statutes of Nevada, Page 1250 (CHAPTER 461, AB 497)κ
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 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.
3. Nothing contained in this section or any other statute shall be construed as prohibiting the county assessor from prorating the count on livestock situated within the state for a portion of a year.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 499Mr. Harris
CHAPTER 462
AN ACT to amend NRS sections 286.550 and 286.580, relating to monthly service retirement allowances and disability retirement allowances under the public employees retirement system, by providing that the former shall be reduced to an actuarial equivalent upon a members election to retire prior to the minimum service retirement age; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.550 is hereby amended to read as follows:
286.550 1. Upon retirement from the service of a participating employer after 20 years of continuous service at retirement age, an eligible employee will receive a monthly service retirement allowance, payable during his lifetime, which will be 50 percent of the average monthly salary for the 3 highest salaried consecutive years of his last 10 years of service; provided:
(a) That members with more than 20 years of continuous service shall receive an additional 1.5 percent of average salary for each year of service over 20 years to a maximum of 10 such additional years. Until the 1st day of the month following July 1, 1963, payments for such additional years shall be applicable only to allowances becoming effective on or after January 1, 1959. Thereafter, payments for such additional years shall be applicable in recalculating unmodified allowances for persons retired prior to January 1, 1959.
κ1965 Statutes of Nevada, Page 1251 (CHAPTER 462, AB 499)κ
additional years shall be applicable in recalculating unmodified allowances for persons retired prior to January 1, 1959. Fractions of such additional years shall be prorated on the basis of 1.5 percent for each full year.
(b) That on and after July 1, 1960, the minimum monthly disability or service retirement allowance for members shall be:
Service of 10 years................................................................................................. $75
Service of 11 years................................................................................................. 80
Service of 12 years................................................................................................. 85
Service of 13 years................................................................................................. 90
Service of 14 years................................................................................................. 95
Service of 15 years................................................................................................. 100
Service of 16 years................................................................................................. 105
Service of 17 years................................................................................................. 110
Service of 18 years................................................................................................. 115
Service of 19 years................................................................................................. 120
Service of 20 years................................................................................................. 125
(c) That the minimums established in paragraph (b) are applicable only to unmodified allowances, and that members or beneficiaries of members receiving allowances under optional plans shall receive only such increase as they would have received had the unmodified allowance of the member been at the indicated minimum at the time of such members retirement.
2. If the total years of service at retirement is 10 years or more, but less than 20 years, the retirement allowance shall be prorated on the basis of 20 years.
3. In order to be eligible for allowances under this section, unless otherwise specifically provided in this chapter: [, a]
(a) A police officer or a fireman must have attained the minimum service retirement age of 55 years, and every other employee must have attained the minimum service retirement age of 60 years [.] ; or
(b) A policeman or fireman must have attained the age of 50 years, in which case the allowance to be paid shall be reduced to the actuarial equivalent of the allowance payable at normal retirement age based on the number of years of service completed at actual retirement.
4. On and after July 1, 1961, if a member who has retired under the provisions of this section should die without having elected one of Options 2 to 5, inclusive, as described in NRS 286.590, and before he has received in benefits the amount of his personal contributions to the public employees retirement fund, the surplus of contributions over benefits received shall be paid directly and without probate or administration to the person, if any, whom he designated in writing at the start of his retirement. If no such person is named or a designated beneficiary does not survive, the surplus shall be paid to the estate of the deceased member.
Sec. 2. NRS 286.580 is hereby amended to read as follows:
286.580 1. Until the first payment of his service retirement allowance or reduction thereof, permitted under the provisions of paragraph (b) of subsection 3 of NRS 286.550, 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, subject to the following limitation: In cases involving the maximum unmodified allowance to the member or reduction thereof as provided in NRS 286.550, any reduction in his allowance because of an optional selection shall be based upon the ages of the member and the beneficiary as of the date the member attained his maximum unmodified allowance.
κ1965 Statutes of Nevada, Page 1252 (CHAPTER 462, AB 499)κ
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, subject to the following limitation: In cases involving the maximum unmodified allowance to the member or reduction thereof as provided in NRS 286.550, any reduction in his allowance because of an optional selection shall be based upon the ages of the member and the beneficiary as of the date the member attained his maximum unmodified allowance.
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, or payment of applicable survivor benefits under NRS 286.671 to 286.6792, inclusive, except, that members with 25 or more years of service who file, or have filed, application for calculations under NRS 286.600 or 286.610 on or after July 1, 1959, shall be regarded as covered under the provisions of Option 2 of the retirement plans from the date of filing such application with the retirement board to the date of receipt, from the retirement board, of an election form permitting formal acceptance or rejection of coverage under an optional plan.
Sec. 3. This act shall become effective at 12:05 a.m. on July 1, 1965.
________
κ1965 Statutes of Nevada, Page 1253κ
Assembly Bill No. 505Mr. Pozzi
CHAPTER 463
AN ACT to amend NRS section 616.140, relating to the qualifications and salary of the chairman of the Nevada industrial commission, by increasing the authorized salary for the chairman.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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 actuarial experience and shall 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.] $15,840.
________
Assembly Bill No. 537Clark County Delegation
CHAPTER 464
AN ACT to amend NRS section 122.130, relating to marriage certificates, by requiring that such certificates indicate the address and city where the marriage was performed.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 122.130 is hereby amended to read as follows:
122.130 1. Every person solemnizing a marriage shall make a record thereof, and within 30 days after the marriage shall make and deliver to the county recorder of the county where the license was issued a certificate under his hand containing the particulars mentioned in NRS 122.120.
2. The certificate may be in the following form:
|
State of Nevada
County of................................. |
} |
ss. |
This is to certify that the undersigned, a justice of the peace of County (minister of the gospel, judge or justice, as the case may be), did on the . day of . ., A.D. 19 ., at ........................................................................... (address or church) ........................................................ , ................................. (city) ..................... , join in lawful wedlock A.B. and C.D., with their mutual consent, in the presence of E.F. and G.H., witnesses.
.......................................................................
Justice of the Peace
κ1965 Statutes of Nevada, Page 1254 (CHAPTER 464, AB 537)κ
3. All certificates shall be filed and recorded by the county recorder in a book to be kept by him for that purpose. For recording the certificates he shall receive the fees designated in subsection 2 of NRS 122.060.
Sec. 2. This act shall become effective on January 1, 1966.
________
Assembly Bill No. 538Clark County Delegation
CHAPTER 465
AN ACT to amend chapter 293 of NRS, relating to elections, by adding a new section providing a penalty for defacing the posted copy of the results of votes cast; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who, prior to the expiration of 48 hours following the closing of the polls, alters, defaces, removes or destroys the copy of the results of votes cast posted outside a polling place is guilty of a misdemeanor. Notice of such penalty shall be printed on the copy posted.
________
Assembly Bill No. 539Clark County Delegation
CHAPTER 466
AN ACT to amend NRS section 177.130, relating to the effect of an appeal by the state in a criminal case, by providing for tolling of the statute of limitations.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 177.130 is hereby amended to read as follows:
177.130 1. An appeal taken by the state shall in no case stay or affect the operation of a judgment in favor of the defendant; but if the appeal by the state is from an order sustaining a demurrer to an indictment or information, or granting a motion to set aside an indictment or information, and upon such appeal the order is reversed, the defendant shall thereupon be liable to arrest and trial upon the indictment or information. In all such cases any statute of limitations on the offense from which the appeal is taken is tolled from the time the notice of appeal is filed by the state until such appeal is heard and a ruling made thereon.
κ1965 Statutes of Nevada, Page 1255 (CHAPTER 466, AB 539)κ
2. If the appeal by the state is from an order allowing a motion in arrest of judgment, or granting a motion for a new trial, and upon appeal the order is reversed, the trial court shall enter judgment against the defendant.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 544Committee on Elections
CHAPTER 467
AN ACT to amend NRS section 293.403, relating to election vote recounts, by providing for a fee for demanding a recount; and to amend NRS section 293.405, relating to costs of recounts, by abolishing certain refund provisions.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.403 is hereby amended to read as follows:
293.403 After the canvass of the vote in any election, any candidate defeated at such election may demand and receive a recount of the vote for the office for which he is a candidate if:
1. Such demand is made within 5 days after the certification of the abstract of votes; and
2. Such candidate [deposits with the county clerk or secretary of state the amount established by the clerk or secretary of state to be the cost of the recount.] pays a fee of $50 to the county clerk or secretary of state.
Sec. 2. NRS 293.405 is hereby amended to read as follows:
293.405 1. [Whenever a candidate who has demanded a recount prevails in such recount, the costs advanced by the candidate shall be refunded to him and the expense of such recount shall be borne by the state or political subdivision which such candidate will serve.
2.] If the candidate who demanded the recount does not prevail, and it is found that the [sum deposited] fee paid was less than the cost of the recount, such candidate shall, upon demand, pay the deficiency to the county clerk or secretary of state, as the case may be. If the sum deposited is in excess of the cost, the excess shall be refunded to him.
[3.] 2. Each recount shall be commenced within 3 days after demand, and shall be completed within 3 days after it is begun. Sundays and holidays shall not be excluded in determining each 3-day period.
________
κ1965 Statutes of Nevada, Page 1256κ
Assembly Bill No. 546Mrs. Tyson, Messrs. Bunker and Gray
CHAPTER 468
AN ACT to amend NRS section 496.150 and chapter 496 of NRS, relating to airports, by clarifying the provisions for issuance of general obligation and refunding bonds for airport purposes and by adding a new section providing for the issuance of revenue and special obligation bonds; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 496.150 is hereby amended to read as follows:
496.150 1. The cost of planning and acquiring, establishing, developing, constructing, enlarging, improving or equipping an airport or air navigation facility, or the site therefor, including buildings and other facilities incidental to the operation thereof, and the acquisition or elimination of airport hazards, may be paid for wholly or partly from the proceeds of the sale of bonds or notes of the municipality, as the governing body of the municipality shall determine.
2. [For such purposes a municipality may issue general or special obligation bonds, revenue bonds, or other forms of bonds or notes, secured or unsecured, including refunding bonds, in the manner and within the limitations prescribed by the laws of this state or the charter of the municipality for the authorization and issuance of bonds or notes thereof for public purposes generally.] For such purposes a municipality may issue general obligation or refunding bonds in the manner provided by chapter 350 of NRS, and may issue special obligation or revenue bonds in the manner and classifications provided by section 2 of this act.
3. Any bonds or notes issued by a municipality pursuant to this chapter which are payable, as to principal and interest, solely from the revenues of an airport or air navigation facility (and such bonds or notes shall so state on their face) shall not constitute a debt of such municipality within the meaning of any constitutional or statutory debt limitation or restriction.
4. In any suit, action or proceeding involving the security, or the validity or enforcibility, of any bond or note issued by a municipality, which bond or note states on its face that it was issued pursuant to the provisions of this chapter and for a purpose or purposes authorized by and to be accomplished by this chapter, such bond or note shall be conclusively deemed to have been issued pursuant to this chapter for such purpose or purposes.
Sec. 2. Chapter 496 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. For the purposes set forth in subsection 1 of NRS 496.150, a municipality may issue bonds as provided in the following subsections.
2. Where an airport is to be operated by the municipality:
(a) Net revenue bonds may be issued which are secured by a pledge of the net revenue derived from operation of the airport.
(b) Gross revenue bonds may be issued which are secured by a pledge of the gross revenue derived from operation of the airport with a covenant that to the extent required, the municipality will pay operating costs by appropriation from its general fund.
κ1965 Statutes of Nevada, Page 1257 (CHAPTER 468, AB 546)κ
pledge of the gross revenue derived from operation of the airport with a covenant that to the extent required, the municipality will pay operating costs by appropriation from its general fund.
3. Short-term obligations may be issued which are secured by a mortgage of the real property comprising the airport but which shall not constitute a general obligation of the municipality.
4. in the case of any obligation issued pursuant to subsections 2 and 3, serial maturities may be provided and sinking funds and other reserves for debt service established as required.
5. In the case of any obligation issued pursuant to subsection 2, the municipality may determine by appropriate ordinance or resolution the manner of issuance and the terms and covenants of such obligations. For this purpose, the municipality shall have such powers as are conferred for the purpose of issuing water and sewer revenue bonds by NRS 350.350 to 350.490, inclusive, and except as otherwise provided in this chapter or by the municipal ordinance or resolution, the provisions of such sections shall govern such obligations.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 580Messrs. Valentine and Mello
CHAPTER 469
AN ACT to amend an act entitled An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, as amended.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of Article II of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 367, Statutes of Nevada 1961, at page 741, is hereby amended to read as follows:
Section 2. The corporate powers of the city, except as hereinafter stated, shall be vested in a mayor and city council. The mayor shall be an actual and bona fide resident for a period of at least five years preceding his election and an elector and taxpayer on real property in the city, and he shall be chosen by the qualified electors thereof whose names appear upon the official register as hereinafter provided, and who are actual bona fide residents of and within the limits of the city. The mayor shall serve for a term of four years from and after the date of his election and qualification, and until his successor is elected and qualified. He shall be the chief executive 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 disbursements of the public funds, and all books, papers, records and documents of the 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.
κ1965 Statutes of Nevada, Page 1258 (CHAPTER 469, AB 580)κ
their official duties, and especially in respect to the collection, administration and disbursements of the public funds, and all books, papers, records and documents of the 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 the general laws and ordinances of the city are observed and enforced, and shall take all proper measures for the preservation of public peace, order and the suppression of riots, tumults and all forms of public disturbances, for which purpose he may appoint extra policemen temporarily, and use and command the police force, or if the same be inadequate, he shall call upon the governor for military aid, in the manner provided by law. In the event of disaster or riot, the mayor has the power, by executive order, to impose a curfew during the emergency, suspend temporarily the sale of alcoholic beverages and restrict or prevent the movement of persons into and out of the area of disaster or riot.
Sec. 2. Section 2.03 of Article II of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 374, is hereby amended to read as follows:
Section 2.03. The mayor shall, in addition to the duties herein provided for, sign all licenses, minutes of council meetings, warrants and claims against the city and perform such other duties as the council shall prescribe by ordinance. The mayor is authorized to use a facsimile signature in place of his handwritten signature whenever the necessity may arise. A mayor pro tem shall be elected by the council from among its members as soon after its organization as practicable and in case of the absence of the mayor or his inability to act, the mayor pro tem shall preside over the council in the same manner and with the like effect as the mayor; provided, that the restrictions upon the right of the mayor to vote shall not apply to the mayor pro tem while acting as the mayor. In the absence of both the mayor and mayor pro tem the council shall select a mayor pro tem to serve until the return of either the mayor or mayor pro tem. In case of vacancy in the office of the mayor the mayor pro tem shall draw the salary of the mayor and his salary as councilman shall cease.
Sec. 3. Section 2.06 of Article II of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 347, Statutes of Nevada 1963, at page 699, is hereby amended to read as follows:
Section 2.06. [The] 1. Until July 1, 1967, the mayor shall receive such salary as the council shall, from time to time, prescribe by ordinance not exceeding the sum of $6,000 per annum, payable monthly.
2. On and after July 1, 1967, the mayor shall receive such salary as the council shall prescribe by ordinance enacted pursuant to the provisions of section 14 of Article XIV.
Sec. 4. Section 3.03 of Article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 347, Statutes of Nevada 1963, at page 700, is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 1259 (CHAPTER 469, AB 580)κ
Section 3.03. A majority of all members of the council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time, and with the approval of the mayor, compel the attendance of the absent members. No ordinance shall be passed except by a majority vote of the whole council. They may adopt rules for the government of its members and proceedings. The city council must keep a journal of all its proceedings, and upon the call of any one member, or the mayor, must cause the yeas and nays to be taken and entered upon its journal upon any question before it. Its deliberations, sessions, and all proceedings must be public. [The] Until July 1, 1967, the councilmen shall receive such salary as may be prescribed from time to time by ordinance, not exceeding the sum of $3,000 per annum for each councilman, payable monthly or semi-monthly. On and after July 1, 1967, each councilman shall receive such salary as the council shall prescribe by ordinance enacted pursuant to the provisions of section 14 of Article XIV.
Sec. 5. Section 4 of Article IV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 347, Statutes of Nevada 1963, at page 702, is hereby amended to read as follows:
Section 4. There shall be a city clerk who may be ex officio treasurer and tax receiver and license collector of the city. He shall be elected by the qualified electors of the city at each general municipal election. He shall be a bona fide resident of the city of Sparks for at least 3 years prior to his election and a taxpayer therein. As city clerk he shall have the custody of all books and records, the corporate seal, and all documents not otherwise provided for. He shall be clerk of the council, attend all its proceedings, and shall audit all claims against the city. He shall record in a journal all ordinances, bylaws, rules, and resolutions passed or adopted by the council, which journal, after approval at each regular meeting shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any officer for the use of the city, and shall charge such officer with the same. He shall collect all license fees imposed by any ordinance. He shall countersign all warrants drawn upon the treasurer by the mayor. He shall, when required, make and certify, under the seal of the city, copies of any and all papers, documents or records in his custody, and such copies shall be prima facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same and all matters pertaining to his office at least once each month, or oftener as the council shall prescribe, which report shall be in writing and under oath. The city clerk shall receive for his services as such, as well as for services performed by him ex officio, such annual salary as may be prescribed from time to time by ordinance, [not exceeding $12,000 per annum,] payable semimonthly. [He shall be a bona fide resident of the city of Sparks for at least three years prior to his election and a taxpayer therein.]
Sec. 6. Section 6.01 of Article VI of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 347, Statutes of Nevada 1963, at page 703, is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 1260 (CHAPTER 469, AB 580)κ
Statutes of Nevada 1963, at page 703, is hereby amended to read as follows:
Section 6.01. The city attorney shall receive for his services as such, as well as for services performed by him ex officio, such annual salary as may be prescribed from time to time by ordinance, [not to exceed $9,000 per annum,] payable semimonthly.
Sec. 7. Section 8 of Article VIII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 347, Statutes of Nevada 1963, at page 703, is hereby amended to read as follows:
Section 8. There shall be a police judge, who shall be elected by the qualified electors of the city at each general municipal election and he shall hold office for the term of 4 years and until his successor shall be duly elected and qualified. He shall be a bona fide resident of the city of Sparks for at least 3 years prior to his election and a taxpayer on real property therein. He shall execute and file such bond as the council by ordinance shall prescribe. The police judge shall have the jurisdiction and powers in the city, as are now provided by law for justices of the peace, wherein any person or persons are charged with a breach of violation of the provisions of any ordinance of the city or of this charter, of a police nature; provided, that the trial and proceedings in such cases shall be summary and without a jury. The police judge shall have jurisdiction to try, hear, and determine all cases, whether civil or criminal, for a breach or violation of any city ordinance or any provisions of this charter of a police nature and shall hear, try, determine, acquit, convict, commit, fine, or hold to bail in accordance with the provisions of such ordinance. The practice and proceedings in the court shall conform as nearly as practicable to the practice and proceedings of justices courts in similar cases. Fines imposed by the police judge may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the city jail of the city at the rate of one day for [every dollar] each $4 of such fine, or the police judge may at his discretion adjudge and enter upon his docket a supplemental order that such offender shall work on the streets or public works of the city at a rate of [two dollars] $6 for each day of sentence, which shall apply on such sentence or fine until the same be exhausted or otherwise satisfied. If a sentence of imprisonment is imposed, the police judge may order intermittent periods of incarceration so long as the entire sentence will be completed within 6 months from the date of sentence. The periods of incarceration may be varied from time to time with consent of the defendant, but the total time of incarceration may not be increased.
Sec. 8. Section 8.02 of Article VIII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 397, is hereby amended to read as follows:
Section 8.02. The police judge shall have jurisdiction of the following 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: breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, affrays, violent injury to property, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under any ordinances of the city.
κ1965 Statutes of Nevada, Page 1261 (CHAPTER 469, AB 580)κ
fights, routs, riots, affrays, violent injury to property, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under any ordinances of the city. The police judge shall have concurrent jurisdiction with a justices court in criminal matters arising and triable within the limits of the city concerning petit larceny, the defrauding of proprietors of hotels, inns, restaurants, motels, and trailer parks, and the issuance of checks without sufficient funds or credit or with intent to defraud when the face amount of the check is in an amount of $100 or less.
Sec. 9. Section 8.04 of Article VIII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 398, is hereby amended to read as follows:
Section 8.04. [In all cases in which the police judge shall, by reason of being a party, or being interested or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability, for any reason, to act, any justice of the peace or police judge in said county, on the written request of the mayor, may act in the 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 or other police judge, so serving, and deduct the sum so apportioned from the salary of the police judge.] From time to time the city council shall, by entry in its journal, designate one or more persons possessing the qualifications required of the police judge as specified in section 8 of this article to act as police judge when the police judge is:
1. A party to the proceedings.
2. Related to the defendant or complaining witness by consanguinity or affinity within the third degree.
3. Ill or absent from the city.
4. Unable, for any other reason, to act as police judge.
The city manager shall request one of the persons so designated to act as police judge during the disability of the police judge, and the city council shall fix the compensation for acting police judges.
Sec. 10. Section 8.05 of Article VIII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 347, Statutes of Nevada 1963, at page 704, is hereby amended to read as follows:
Section 8.05. The police judge shall receive such annual salary as may be prescribed from time to time by ordinance, [not to exceed $6,000 per annum,] payable semimonthly.
Sec. 11. Section 11.01 of Article XI of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 347, Statutes of Nevada 1963, at page 706, is hereby amended to read as follows:
Section 11.01. The director of the department of public works shall: [supervise the street, sewer and park departments of the city of Sparks, and perform such other duties as may be assigned to him by the city council.]
κ1965 Statutes of Nevada, Page 1262 (CHAPTER 469, AB 580)κ
1. Supervise the street and sewer departments of the city.
2. Be the ex officio city engineer.
3. Perform such other duties as may be assigned to him by the city council.
Sec. 12. Section 14 of Article XIV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 48, Statutes of Nevada 1965, approved February 19, 1965, is hereby amended to read as follows:
Section 14. [The fees, salaries, or other compensations of officers or other persons employed by the city shall be regulated in the case of all elective officers of the city by duly enacted ordinances and as to all appointive officers, such as the police chief, chief of the fire department, and director of the department of public works, and any other head of a department, by resolutions duly adopted by the city council. The compensation of all other city employees shall be fixed by motion of the council.] 1. Until July 1, 1967, the mayor and councilmen shall receive the salaries as prescribed by ordinance pursuant to the provisions of section 2.06 of Article II and section 3.03 of Article III, respectively. In December 1966 and in December of every 4 years thereafter the city council shall enact an ordinance the provisions of which shall become effective the following July 1 and by the terms of which the salaries of the mayor and councilmen shall be fixed for a 4-year period beginning the following July 1. After enactment such ordinance shall not be amended so as to increase or decrease the salary of the mayor or councilmen during the 4-year period.
2. The fees, salaries or other compensation of all appointive officers of the city, such as the police chief, chief of the fire department and director of the department of public works, and any other head of a department shall be fixed by resolution adopted by the city council.
3. The compensation of all other city employees shall be fixed by motion of the city council.
4. All claims for fees, salaries, and all expenses necessarily incurred in carrying on the legitimate purposes and properly administering the duties of the city government, and all claims against the city, wherever the nature of such claims will permit, shall be filed with the city clerk and acted upon by the council at the first regular meeting thereafter of each and every month, and the council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by the majority of the council, the city clerk shall certify all such claims or portions allowed, as the case may be. All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190.
Sec. 13. Section 14.04 of Article XIV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 367, Statutes of Nevada 1961, at page 749, is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 1263 (CHAPTER 469, AB 580)κ
Section 14.04. 1. No ordinance, order [,] or resolution of the council, having for its object or effect, directly or indirectly, the increasing of the salary or compensation of any officer of or person employed under the city government, in excess of the maximum amount as herein provided for, shall be valid or effective for any purpose or purposes whatsoever. [The council may, in the exercise of its sound discretion, decrease the salaries or compensation of the members thereof, or of any officer of the city, whether elective or appointive, and such decrease shall take effect immediately. But no such decrease shall apply to or affect the then incumbent in the office of mayor.]
2. The city council may, in the exercise of its sound discretion, increase or decrease the salaries or compensation of the city clerk, the city attorney, the police judge, all appointive city officers and city employees.
Sec. 14. Section 16.04 of Article XVI of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 406, is hereby amended to read as follows:
Section 16.04. Nothing herein contained shall be construed to limit the authority of the city council in the exercise of its sound discretion, by resolution duly passed, from combining or consolidating the appointive officers herein provided for, from assigning new duties to the appointive officers and employees herein mentioned, nor prohibit the city council from fixing the salaries or compensation provided for such officers and employees, in payment for such service as may be assigned them. Nor shall anything herein contained be construed to limit the powers of the city council, by resolution duly passed, from assigning any additional duties to the elective officers herein mentioned. [, and fixing a compensation therefor.]
Sec. 15. Section 20.76 of Article XX of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 347, Statutes of Nevada 1963, at page 731, is hereby amended to read as follows:
Section 20.76. 1. All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the city council so authorizes the payment of assessments.
3. Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
4. All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the city to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.
5. The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any.
κ1965 Statutes of Nevada, Page 1264 (CHAPTER 469, AB 580)κ
unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The city council may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding 7 percent of the installment or installments of principal so prepaid.
6. Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
Sec. 16. The above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended, is hereby amended by adding thereto a new article designated Article XXI which shall contain two new sections designated sections 21 and 21.01, all of which shall follow section 20.102 of Article XX and shall read as follows:
Article XXI
Department of Parks and Recreation
Section 21. 1. There is hereby created in the city government a department of parks and recreation.
2. The department of parks and recreation, by and through its director and employees, shall:
(a) Direct all activities of the municipal park maintenance program.
(b) Supervise public recreational activities within the city.
(c) Plan, direct, coordinate and administer the public recreational program and the construction, operation, maintenance and repair of all park areas and facilities.
(d) Perform such other duties as may be assigned by the city council.
Section 21.01. 1. There shall be a director of the department of parks and recreation, who shall be appointed by the mayor subject to confirmation by the city council as provided in section 2.04 of Article II.
2. At the time of his appointment the director of the department of parks and recreation shall:
(a) Have had experience in park development and maintenance and supervision of a municipal recreation program; or
(b) Have graduated from an accredited college or university with a bachelors degree in forestry, recreation, physical education or a related field. Equivalent experience for education may be substituted on a year-for-year basis.
3. The director of the department of parks and recreation shall receive the salary or compensation fixed by the city council.
Sec. 17. Section 19.18 of Article XIX of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 347, Statutes of Nevada 1963, at page 710, is hereby amended to read as follows:
Section 19.18. This article shall apply to all employees of the city of Sparks, except the following: elected officials of the city, the city manager, the director of the department of public works, the chief of police, the chief of the fire department, the director of the department of parks and recreation and those temporary employees mentioned in section 19.06 of this article; provided, however, that any employee of the city who has been confirmed in his position by the city council and who receives and accepts appointment as chief of the fire department, chief of the police department, director of the department of parks and recreation or director of the department of public works shall, upon his removal from such office, be restored to his former position within the department; and provided further, that the foregoing proviso shall be construed as prospective only.
κ1965 Statutes of Nevada, Page 1265 (CHAPTER 469, AB 580)κ
section 19.06 of this article; provided, however, that any employee of the city who has been confirmed in his position by the city council and who receives and accepts appointment as chief of the fire department, chief of the police department, director of the department of parks and recreation or director of the department of public works shall, upon his removal from such office, be restored to his former position within the department; and provided further, that the foregoing proviso shall be construed as prospective only.
Sec. 18. This act shall become effective upon July 2, 1965.
________
Assembly Bill No. 581Clark County Delegation
CHAPTER 470
AN ACT to amend Title 35 of NRS, relating to highways, roads, bridges and parks, by adding a new chapter providing for the optional creation by certain counties of a regional street and highway commission and imposition of a county motor vehicle fuel tax, for the collection and disposition of revenue from such tax, for the approval of construction projects by such commission, for the financing of certain projects by the issuance of revenue bonds; to amend NRS section 365.210, relating to the limitation of motor vehicle fuel taxation by political subdivisions, by providing an exception; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 35 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 23, inclusive, of this act.
Sec. 2. This chapter is known and may be cited as the County Motor Vehicle Fuel Tax Law.
Sec. 3. As used in this chapter, unless the context otherwise requires:
1. Board means the board of county commissioners.
2. Commission means the regional street and highway commission.
Sec. 4. In any county having a population of 25,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, for all or part of which a streets and highways plan embracing the territory of more than one municipal corporation has been adopted by the county or regional planning commission, the board of county commissioners may by ordinance:
1. Create a regional street and highway commission; and
2. Impose a tax on motor vehicle fuel as provided in this chapter.
Sec. 5. 1. The commission shall be composed of representatives selected as follows:
(a) Two by the board of county commissioners.
κ1965 Statutes of Nevada, Page 1266 (CHAPTER 470, AB 581)κ
(b) Two by the governing body of the largest city.
(c) One by the governing body of each additional incorporated city or town in the county.
2. The first representatives shall be selected within 30 days after passage of the ordinance creating the commission, and shall serve until the next-ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance shall be selected within 30 days after the first meeting of the governing body, and shall serve until the next-ensuing December 31 of an even-numbered year. Their successors shall serve for terms of 2 years, and vacancies shall be filled for the unexpired term.
Sec. 6. The ordinance creating the commission shall provide for its organization and meetings.
Sec. 7. Any ordinance enacted pursuant to subsection 2 of section 4 of this act shall provide that the county motor vehicle fuel tax shall be imposed on the first day of the second calendar month following the enactment of the ordinance.
Sec. 8. Any motor vehicle fuel tax ordinance enacted under this chapter shall include provisions in substance as follows:
1. A provision imposing an additional excise tax of 1 cent per gallon on all motor vehicle fuel sold in the county, which tax shall be in addition to other motor vehicle fuel taxes imposed under the provisions of chapter 365 of NRS.
2. Provisions identical to those contained in chapter 365 of NRS on the date of enactment of the ordinance, insofar as applicable, except that the name of the county as taxing agency shall be substituted for that of the state and that an additional dealers license shall not be required.
3. A provision that all amendments to chapter 365 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, shall automatically become a part of the motor vehicle fuel tax ordinance of the county.
4. A provision that the county shall contract prior to the effective date of the county motor vehicle fuel tax ordinance with the Nevada tax commission to perform all functions incident to the administration or operation of the motor vehicle fuel tax of the county.
Sec. 9. 1. All motor vehicle fuel taxes collected by the Nevada tax commission pursuant to contract with any county shall be transmitted by the Nevada tax commission to such county periodically as promptly as feasible, and the Nevada tax commission shall charge the county for the Nevada tax commissions services specified in this section and in section 8 of this act such amount as will reimburse the Nevada tax commission for the cost to it of rendering the services.
2. The transmittals required under subsection 1 shall be made at least four times in each fiscal year.
Sec. 10. For the purpose of the tax imposed by an ordinance enacted pursuant to this chapter, motor vehicle fuel is sold at the place where it is delivered into a vehicle not belonging to the seller or into a stationary tank on the premises of the buyer.
Sec. 11. The Nevada tax commission may redistribute any tax, penalty and interest distributed to a county other than the county entitled thereto, but no such redistribution may be made as to amounts originally distributed more than 6 months prior to the date on which the Nevada tax commission obtains knowledge of the improper distribution.
κ1965 Statutes of Nevada, Page 1267 (CHAPTER 470, AB 581)κ
penalty and interest distributed to a county other than the county entitled thereto, but no such redistribution may be made as to amounts originally distributed more than 6 months prior to the date on which the Nevada tax commission obtains knowledge of the improper distribution.
Sec. 12. All net proceeds of the county motor vehicle fuel tax received by the county pursuant to section 9 of this act shall be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter.
Sec. 13. No county motor vehicle fuel tax ordinance shall be repealed until all obligations for which the revenues from it have been pledged, pursuant to this chapter, have been discharged in full, but the board of county commissioners may at any time dissolve the commission and provide that no further obligations shall be incurred.
Sec. 14. 1. Funds for street and highway construction within the area embraced by the streets and highways plan described in section 4 of this act may be obtained by the issuance of revenue bonds as provided in subsection 2. Funds for street and highway construction outside such area may be distributed directly from the regional street and highway fund as provided in section 16 of this act.
2. The board of county commissioners may, after the enactment of an ordinance as authorized by section 4 of this act, from time to time issue revenue bonds, which shall not be a general obligation of the county or a charge on any real estate therein but which may be secured as to principal and interest by a pledge of the receipts from the tax authorized by this chapter, except such portion of such receipts as may be required for the direct distributions authorized by section 16 of this act.
Sec. 15. 1. After the enactment of an ordinance as authorized in section 4 of this act, all street and highway construction projects in the county which are proposed to be financed from the county motor vehicle fuel tax shall be first submitted to the regional street and highway commission.
2. Where the project is within the area covered by the streets and highways plan described in section 4 of this act, the commission shall evaluate it in terms of:
(a) The priorities established by the plan;
(b) The relation of the proposed construction to other projects already constructed or authorized;
(c) The relative need for the project in comparison with others proposed; and
(d) The funds available.
If the commission approves the project, the board of county commissioners may authorize its construction, using the proceeds of revenue bonds issued or to be issued as provided in section 14 of this act.
3. Where the project is outside the area covered by the plan, the commission shall evaluate it in terms of:
(a) Its relation to the streets and highways plan;
(b) The relation of the proposed construction to other projects constructed or authorized;
κ1965 Statutes of Nevada, Page 1268 (CHAPTER 470, AB 581)κ
(c) The relative need for the proposed construction in relation to others proposed by the same political subdivision; and
(d) The availability of funds.
If the commission approves the project, the board of county commissioners shall direct the county treasurer to distribute the sum approved to the political subdivision requesting the project, in accordance with section 16 of this act.
Sec. 16. 1. Any political subdivision which is authorized by law to expend money for the construction of streets or highways and whose territory is not included in the streets and highways plan described in section 4 of this act may receive a distribution in aid of an approved construction project from the regional street and highway fund, which shall not exceed the amount allocated to such subdivision under subsection 2.
2. The share of revenue from the county motor vehicle fuel tax allocated to each such political subdivision shall be in the proportion which its total assessed valuation bears to the total assessed valuation of the entire county. Any amount so allocated which is not distributed currently in aid of an approved project shall remain in the fund to the credit of that political subdivision.
Sec. 17. The resolution or resolutions providing for the issuance of any bonds payable from the receipts from the tax authorized by this chapter may at the discretion of the board contain covenants as to:
1. The creation and maintenance of reserves or sinking funds and the regulation, use and disposition thereof.
2. 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 the bonds or on the coupons thereof.
3. The issuance of other or additional bonds or instruments payable from or constituting a charge against such receipts, and the priority of liens against such receipts.
4. 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.
5. The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations.
6. The vesting in a trustee or trustees of the right to enforce any covenants made to secure, to pay, or in relation to, the bonds; as to the powers and duties of the 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 thereby.
7. A procedure by which the terms of any resolution authorizing bonds, or any other contract with bond holders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated; and as to the amount of bonds, which the holders thereof must consent to, and the manner in which consent may be given.
κ1965 Statutes of Nevada, Page 1269 (CHAPTER 470, AB 581)κ
Sec. 18. The resolution or resolutions providing for the issuance of such bonds may contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 19. 1. The bonds shall:
(a) Be of convenient denominations.
(b) Be negotiable in form.
(c) Mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal and interest, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 30 years from the date.
(d) Bear interest at the rate of not more than 5 percent per annum, the interest in each bond to be payable annually, semiannually, or at other designated intervals.
(e) Be made payable in lawful money of the United States, at such place or places within or without the State of Nevada as may be provided by the board.
(f) Have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds.
2. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.
3. The bonds and coupons shall be signed by the chairman of the board and countersigned by the county treasurer, and they shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons.
4. The board may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premiums as may be determined by the board in the resolution authorizing the issuance of bonds.
Sec. 20. 1. The board is authorized to sell such bonds from time to time at public or private sale as the board may determine, for not less than the principal amount thereof and the accrued interest. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly.
2. The board may employ legal, fiscal, engineering or other expert services in connection with the acquisition, improvement, extension or betterment of the improvements or facilities and with the authorization, issuance and sale of the bonds.
Sec. 21. This chapter, without reference to other statutes except as herein provided, shall constitute full authority for the authorization and issuance of bonds hereunder. No other law, with regard to the authorization or issuance of bonds, that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto.
Sec. 22. Bonds and other evidence of indebtedness issued under the provisions of this chapter shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
κ1965 Statutes of Nevada, Page 1270 (CHAPTER 470, AB 581)κ
Sec. 23. It shall be legal for the State of Nevada and any of its departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this chapter.
Sec. 24. NRS 365.210 is hereby amended to read as follows:
365.210 1. [The] Except as provided in sections 2 to 23, inclusive, of this act, the taxes imposed by this chapter are in lieu of any excise, privilege or occupation tax upon the business of manufacturing, selling or distributing motor vehicle fuel.
2. No county, city or other political subdivision or municipal corporation shall levy or collect any excise tax upon or measured by the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel or any other inflammable or combustible liquids; but nothing contained herein shall be deemed to apply to any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town in this state.
Sec. 25. This act shall become effective upon passage and approval.
________
Assembly Bill No. 583Committee on Ways and Means
CHAPTER 471
AN ACT making an appropriation for a gift to the U.S.S. America.
[Approved April 13, 1965]
Whereas, The United States Navy will commission an attack carrier, U.S.S. America; and
Whereas, Each state has been asked to contribute $200 for the purchase of a silver service to be used on the U.S.S. America; now, therefor,
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 the sum of $200 as a contribution by the State of Nevada for the purchase of a silver service to be used on the U.S.S. America. The state controller is directed to draw his warrant in the sum of $200 in favor of the Treasurer of the United States, and the state treasurer is hereby directed to pay such warrant.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1271κ
Assembly Bill No. 590Committee on State, County and City Affairs
CHAPTER 472
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Mineral County, Nevada; regulating the employment and compensation of deputies and other employees of such officers; providing for travel expenses; repealing certain acts in conflict herewith; and providing other matters properly relating thereto, approved April 6, 1959, as amended.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 439, Statutes of Nevada 1959, as amended by chapter 159, Statutes of Nevada 1963, at page 259, is hereby amended to read as follows:
Section 1. The following named officers of Mineral County, Nevada, shall receive in full payment, for all services rendered by them, the following salaries to be fixed by the board of county commissioners within the minimum and maximum amounts as follows:
1. The sheriff shall receive a salary of not less than [$6,000] $6,600 nor more than [$6,600] $7,800 per annum. [The sheriff may appoint one undersheriff who shall receive a salary of not to exceed $5,400 per annum.]
2. The county recorder and ex officio auditor shall receive a salary of not less than [$6,000] $6,600 nor more than [$6,600] $7,800 per annum. [The recorder and ex officio auditor may appoint a deputy who shall receive a salary of not to exceed $4,800 per annum.]
3. The county clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners shall receive a salary of not less than [$6,000] $6,600 nor more than [$6,600] $7,800 per annum. [The county clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners may appoint a chief deputy who shall receive a salary of not to exceed $4,800 per annum.]
4. The county assessor shall receive a salary of not less than [$6,000] $6,600 nor more than [$6,600] $7,800 per annum. [The county assessor may appoint a deputy who shall receive a salary of not to exceed $4,800 per annum.]
5. The district attorney shall receive a salary of not less than [$5,400] $6,000 nor more than [$6,000] $7,200 per annum.
Sec. 2. Section 2 of the above-entitled act, being chapter 439, Statutes of Nevada 1959, as amended by chapter 159, Statutes of Nevada 1963, at page 260, is hereby amended to read as follows:
Section 2. Each county commissioner of Mineral County, Nevada, shall receive a salary of [not less than $2,400 nor more than] $3,000 per annum.
Sec. 3. Section 3 of the above-entitled act, being chapter 439, Statutes of Nevada 1959, at page 774, is hereby amended to read as follows:
Section 3. Each of the county officers designated in section 1 may, with the consent of the board of county commissioners, employ and fix the salaries of such [other] deputies and other assistants as are deemed necessary for the proper discharge of the duties required of such officer.
κ1965 Statutes of Nevada, Page 1272 (CHAPTER 472, AB 590)κ
with the consent of the board of county commissioners, employ and fix the salaries of such [other] deputies and other assistants as are deemed necessary for the proper discharge of the duties required of such officer.
Sec. 4. This act shall become effective on the 1st Monday in January, 1967.
________
Assembly Bill No. 600Clark County Delegation
CHAPTER 473
AN ACT to amend chapter 244 of NRS, relating to county government, by adding new sections empowering county commissioners to undertake public improvements not exceeding a certain monetary limit and providing for advances from the general fund of the county or by emergency loan.
[Approved April 13, 1965]
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 the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Where the cost of an improvement to be defrayed by special assessment does not exceed $25,000, the board of county commissioners may advance moneys to cover the cost of such improvement from the general fund of the county, in lieu of issuing bonds.
Sec. 3. No special assessment to defray the cost of any improvement for which moneys are advanced from the general fund of the county pursuant to section 2 of this act may be divided into more than 10 annual installments.
Sec. 4. If there are not sufficient moneys in the general fund of the county and if the requirements of NRS 354.070 to 354.100, inclusive, are met, moneys may be provided by temporary emergency loan to cover the cost of an improvement made pursuant to section 2 of this act. In such case, the loan shall be repaid from the special assessments made, in lieu of the emergency tax required by NRS 354.110.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 608Committee on Roads, Transportation and Aviation
CHAPTER 474
AN ACT to repeal NRS section 408.820, relating to Route 83 of the state highway system.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.820 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1273κ
Assembly Bill No. 610Committee on Judiciary
CHAPTER 475
AN ACT to amend chapter 174 of NRS, relating to proceedings after indictment, by adding a new section requiring that certain motions be made prior to trial in a criminal prosecution; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 174 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. All motions in a criminal prosecution to suppress evidence, for a transcript of former proceedings, for a preliminary hearing, for severance of joint defendants, for withdrawal of counsel, and all other motions which by their nature, if granted, delay or postpone the time of trial, shall be made prior to trial, unless opportunity to make any such motion prior to trial did not exist or the moving party was not aware of the grounds for the motion prior to trial.
2. All motions subject to the provisions of subsection 1 shall be made in writing, with not less than 10 days notice to the opposite party unless good cause is shown to the court at the time of trial why the motion could not have been made in writing upon the required notice.
3. The court may, by written order, shorten the notice required to be given to the opposite party.
________
Assembly Bill No. 611Committee on Judiciary
CHAPTER 476
AN ACT to amend NRS section 175.205, relating to trial of defendants jointly charged with an offense, by allowing the court to consolidate trials.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 175.205 is hereby amended to read as follows:
175.205 1. When two or more defendants shall be jointly charged with a criminal offense, they shall be tried jointly, unless, for good cause shown, the court shall otherwise direct.
2. When two or more defendants were originally charged jointly at the time of their arrest or appearance before a magistrate, or when criminal actions involving two or more defendants are pending before the court, the court for good cause shown may order all the actions consolidated if the defendants are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses; and the court may make such orders concerning proceedings therein as may tend to avoid unnecessary cost or delay.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1274κ
Assembly Bill No. 612Committee on Judiciary
CHAPTER 477
AN ACT to amend NRS section 244.163, relating to coroners, by empowering the board of county commissioners to provide for punishment of offenses committed by coroners; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.163 is hereby amended to read as follows:
244.163 1. The boards of county commissioners shall have the power and jurisdiction in their respective counties to create by ordinance the office of county coroner, to prescribe his qualifications and duties and to make appointments to such office.
2. Any coroner so appointed shall be governed exclusively by the ordinances pertaining to such office which may be enacted by the board of county commissioners, and the provisions of chapter 259 of NRS shall not be applicable.
3. For any such offense relating to the violation or willful disregard of such duties or trusts of office as may be specified by the respective boards of county commissioners, all coroners holding office by appointment pursuant to this section shall be subject to such fines and criminal penalties, including misdemeanor penalties and removal from office by indictment, accusation or otherwise, as shall be prescribed by the aforesaid ordinance. This subsection shall apply to all deputies, agents, employees and other persons employed by or exercising the powers and functions of the coroner.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 613Committee on Judiciary
CHAPTER 478
AN ACT to amend chapter 169 of NRS, relating to preliminary and general provisions for criminal procedure, by adding a new section defining the right of speedy trial as applied to a defendant held in custody in another state; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 169 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The right to a speedy trial guaranteed by the constitution of the State of Nevada and by this chapter is satisfied, in the case of a defendant who before being brought to trial in this state is held in custody in another state for a crime committed in that state, by a trial within a reasonable time after his release from such custody, and no motion to discharge such person from custody in this state may be granted if the requirements of this section are met.
κ1965 Statutes of Nevada, Page 1275 (CHAPTER 478, AB 613)κ
in another state for a crime committed in that state, by a trial within a reasonable time after his release from such custody, and no motion to discharge such person from custody in this state may be granted if the requirements of this section are met.
________
Assembly Bill No. 614Committee on Judiciary
CHAPTER 479
AN ACT to amend NRS section 485.190, relating to the suspension of an operators license or motor vehicle registration for failure to show financial responsibility, by allowing the department of motor vehicles to suspend such license or registration at any time after the receipt of certain accident reports.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 485.190 is hereby amended to read as follows:
485.190 1. If 20 days after the receipt of a report of a motor vehicle accident within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of $250, the division does not have on file evidence satisfactory to it that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the division shall determine the amount of security which shall be sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against each operator or owner.
2. The division shall, [within 60 days] at any time after the receipt of such report of a motor vehicle accident, suspend the license of each operator and all registrations of each owner of a motor vehicle in any manner involved in such accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if such owner is a nonresident, the privilege of the use within this state of any motor vehicle owned by him, unless such operator or owner or both shall deposit security in the sum so determined by the division. Notice of such suspension shall be sent by the division to such operator and owner not less than 10 days prior to the effective date of such suspension and shall state the amount required as security. Where erroneous information is given the division with respect to the matters set forth in subsections 1, 2 or 3 of NRS 485.200, the division shall take appropriate action as hereinbefore provided [within 60 days] after it receives correct information with respect to such matters.
Sec. 2. This act shall become effective on July 2, 1965.
________
κ1965 Statutes of Nevada, Page 1276κ
Assembly Bill No. 615Messrs. Gibson and Knisley
CHAPTER 480
AN ACT to amend NRS section 244.090, relating to special meetings of boards of county commissioners, by clarifying their duty in canvassing election returns; and to repeal NRS section 293.390, relating to canvass of votes for district officers.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.090 is hereby amended to read as follows:
244.090 1. Except as provided in subsections 4 and 5, special meetings may be called by the chairman whenever there is sufficient business to come before the board, or upon the written request of a majority of the board.
2. The clerk of the board shall give written notice of each special meeting to each member of the board by personal delivery of the notice of the special meeting to each member at least 1 day before the meeting or by mailing the notice to each members place of residence in the county by deposit in the United States mails, postage prepaid, at least 4 days before the meeting.
3. The notice shall specify the time, place and purpose of the meeting. If all of the members of the board are present at a special meeting, lack of notice shall not invalidate the proceedings.
4. When there is in any county, township or precinct office no officer duly authorized to execute the duties thereof, and it is necessary that a temporary appointment be made to fill such office, as otherwise provided by law, the board of county commissioners is authorized and empowered to, and the board shall forthwith, hold a special meeting for such purpose. The meeting may be held by unanimous consent of the board, or, if for any cause such consent cannot be obtained, then the chairman or any other member of the board having knowledge of such necessity shall forthwith call such special meeting and notify the other members thereof. The meeting shall be held as soon as practicable, but not less than 3 days, except by unanimous consent, after actual notice to all members of the board, whereupon a majority thereof shall proceed to act upon such appointment as provided by law.
5. The board shall also meet after each general election to canvass election returns [in the same manner that general election returns are canvassed.] in the manner provided by law.
Sec. 2. NRS 293.390 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1277κ
Assembly Bill No. 618Committee on State, County and City Affairs
CHAPTER 481
AN ACT to amend chapter 311 of NRS, relating to water and sanitation districts, by authorizing the boards of directors of such districts to contract for collection of moneys due such districts.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 311 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board of directors of any water district, sanitation district or water and sanitation district created under the provisions of this chapter may contract with any private individual, corporation, mutual water company or other political subdivision of this state for the collection of any moneys due such district for any fee, toll or charge for services rendered or facilities furnished by such system.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 623Committee on State, County and City Affairs
CHAPTER 482
AN ACT to amend an act entitled An Act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1917, as amended.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of Chapter II of the above-entitled act, being chapter 84, Statutes of Nevada 1917, as amended by chapter 179, Statutes of Nevada 1959, at page 197, is hereby amended to read as follows:
Section 9. Mayor and Supervisors, Salary of. The mayor of the city shall receive as remuneration for services as such a sum not to exceed [$1,800] $2,400 per annum. Each of the supervisors of the city shall receive as remuneration for services as such a sum not to exceed [$1,200] $1,800 per annum. Salaries of the mayor and each supervisor shall be payable in equal monthly installments.
Sec. 2. This act shall become effective on the 1st day of the 1st month following its passage and approval.
________
κ1965 Statutes of Nevada, Page 1278κ
Assembly Bill No. 625Committee on State, County and City Affairs
CHAPTER 483
AN ACT to amend NRS sections 321.450 and 321.510, relating to the powers of the Colorado River commission concerning the development of Eldorado and Fort Mojave Valleys and the sales and relinquishment of lands, by deleting provisions relating to assertions of claims or rights to lands by the State of Nevada; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 321.450 is hereby amended to read as follows:
321.450 1. The commission, with the advice of the advisory group, is authorized to undertake such engineering and planning studies and surveys and to take such other action as may be necessary for the development of Eldorado Valley.
2. The commission shall sell and dispose of lands in the Eldorado Valley in accordance with plans and procedures of the commission.
3. The commission, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges it may have to purchase any portion, part of parcel of the lands described in NRS 321.410. Any such relinquishment shall be made by formal resolution, shall be approved by the attorney general, [shall provide that no claims or rights to such lands may be asserted at any time,] and shall be forwarded to the Secretary of the Interior.
4. The commission shall provide the members of the Eldorado Valley advisory group with industrial insurance through the Nevada industrial commission.
Sec. 2. NRS 321.510 is hereby amended to read as follows:
321.510 1. The commission may, with the advice of the department and the board of county commissioners of Clark County, undertake such engineering and planning studies and such other action as may be necessary for the development of the Fort Mojave Valley, and shall sell and dispose of lands in the Fort Mojave Valley in accordance with the plans and procedures of the commission.
2. The commission, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges it may have to purchase any portion, part of parcel of the lands described in NRS 321.500. Any such relinquishment shall be made by formal resolution, shall be approved by the attorney general, [shall provide that no claim or rights to such lands may be asserted at any time] and shall be forwarded to the Secretary of the Interior.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1279κ
Assembly Bill No. 630Committee on State, County and City Affairs
CHAPTER 484
AN ACT relating to annexation; to amend Title 19 of NRS, relating to government and public affairs, by creating a new chapter providing for the initiation, review, hearing and determination of proceedings for the annexation of territory to local governments; creating local government annexation commissions; providing for the detachment of territory and preservation of obligations; providing for judicial review of annexation and detachment proceedings; to amend section 1 of the charter of the City of Yerington, relating to the creation of that city, by making a technical correction; to repeal NRS sections 266.090, 266.100, 269.015, 269.020, 313.345 to 313.415, inclusive, 316.210 to 316.230, inclusive, 318.255 to 318.270, inclusive, 474.330 to 474.400, inclusive, 539.707 to 539.747, inclusive, and 543.660 to 543.680, inclusive, relating to the annexation and detachment of territory of cities, towns and special districts; to repeal sections 20 to 22, inclusive, of an act entitled An Act to amend chapter 309 of NRS, being the Nevada Improvement District Act, by adding new sections concerning general obligation bonds, general, real and personal property tax levies, district purposes and boundary changes; to amend NRS sections 309.030, 309.160, 309.340, 309.350 and 309.360, relating to the organization and powers of local improvement districts, bids and payment for construction work and related matters, by modifying provisions concerning charges of districts and their contracting powers; to repeal NRS sections 309.420 to 309.470, inclusive, relating to the annexation of territory; ratifying proceedings and actions previously taken; and providing details and other matters properly relating thereto, approved February 5, 1964; to repeal section 2 of the charter of the City of Caliente, being chapter 289, Statutes of Nevada 1957, as amended; section 1.5 of the charter of Carson City, begin chapter 43, Statutes of Nevada 1875, as amended; section 2 of chapter I of the charter of the City of Elko, being chapter 84, Statutes of Nevada 1917, as amended; section 2 of the charter of the City of Gabbs, being chapter 381, Statutes of Nevada 1955, as amended; section 2 of chapter I of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as amended; section 2 of chapter I of the charter of the City of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as amended; section 10.505 of Article XII of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as amended; section 1.03 of Article I of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as amended; and section 2 of chapter I of the charter of the City of Wells, being chapter 104, Statutes of Nevada 1927, as amended, relating to the annexation of territory to such cities respectively; to repeal chapter 42, Statutes of Nevada 1965, approved February 17, 1965, relating to annexation in Clark County; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 19 of NRS is hereby amended by creating a new chapter to consist of the provisions set forth as sections 2 to 34, inclusive, of this act.
Sec. 2. This chapter is known and mat be cited as the Nevada Annexation Law.
Sec. 3. As used in this chapter, the words and terms defined in sections 4 to 12, inclusive, of this act shall, unless the context otherwise requires, have the meanings ascribed to them in sections 4 to 12, inclusive.
κ1965 Statutes of Nevada, Page 1280 (CHAPTER 484, AB 630)κ
Sec. 4 City means an incorporated city or incorporated town.
Sec. 5. Commission means a local government annexation commission or, for the purposes of sections 15 to 34, inclusive, of this act, in counties where no local government annexation commission exists, the board of county commissioners.
Sec. 6. Contiguous, as applied to an area proposed to be annexed in relation to a local government, means that not less than 15 percent of the total boundary of such area is conterminous with the boundary of the local government.
Sec. 7. Executive officer means:
1. With respect to a local government annexation commission, the county manager or like administrative officer of the county.
2. With respect to a board of county commissioners, the county manager or like administrative officer of the county, or the clerk of such board.
Sec. 8. Local government means a city, town or special district.
Sec. 9. Majority of the property owners in a territory means the owners of real property:
1. Whose combined value is greater than 50 percent of the total value of real property in the territory, as determined by assessment for taxation; and
2. Whose combined area is greater than 50 percent of the total area of the territory.
Sec. 10. Special district means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries, and includes without limitation districts organized pursuant to chapter 309, 313, 314, 316, 318, 379, 473, 474, 539, 540 and 543 of NRS. Special district does not include the state, a county, a city, a school district or a district organized pursuant to chapter 311 of NRS.
Sec. 11. Town means an unincorporated town or city.
Sec. 12. Value means the assessed valuation for purposes of taxation, as established by the most recent tax roll which has been extended by the county auditor.
Sec. 13. There is hereby created, in each county of the state having a population according to the most recent decennial census of the Bureau of the Census of United States Department of Commerce of 25,000 or more, a local government annexation commission which shall consist of members to be selected as follows:
1. Two members representing the county, one of whom shall be the chairman of the board of county commissioners and the other a member of the board to be chosen by the board.
2. One member representing each city, who shall be a member of the governing body to be chosen by the governing body.
3. If the provisions of subsections 1 and 2 result in an even number of members, one member shall be added who shall be a resident owner of real property in the county chosen by the members of the commission already selected. If at the expiration of 90 days after the end of the month in which commission members are to be selected, as provided in section 14 of this act, no additional member has been chosen, the governor shall appoint some person qualified as provided in this subsection.
κ1965 Statutes of Nevada, Page 1281 (CHAPTER 484, AB 630)κ
chosen, the governor shall appoint some person qualified as provided in this subsection.
Sec. 14. 1. The first members shall be chosen by the respective bodies during the month of July 1965, and shall serve until the selection and qualification of their successors. Thereafter, members of the commission shall be chosen by the respective bodies during the month of January of each odd-numbered year, and shall serve until the selection and qualification of their successors.
2. Any member who ceases to be a member of the body from which he was chosen shall cease to be a member of the commission. Any vacancy shall be filled by the body which made the original choice, for the unexpired term.
3. The chairman of the board of county commissioners shall serve as chairman of the commission. The members of the commission shall elect a vice chairman, who shall preside in the absence of the chairman.
4. Commission members shall serve without compensation but shall be reimbursed the actual amounts of their reasonable and necessary expenses incurred in attending meetings and in performing the duties of their office.
Sec. 15. The commission shall have the following powers and duties:
1. To review and approve or disapprove, with or without amendment, wholly, partially or conditionally, proposals for the annexation of territory to local governments within the county.
2. To adopt procedures for the evaluation of proposals for the annexation of territory to local governments within the county.
Sec. 16. The county or regional planning commission, if any, shall render advisory services to the local government annexation commission upon its request. Other county officers, including without limitation the county engineer and the district attorney, shall cooperate with the local government annexation commission by furnishing information and staff services within their respective fields.
Sec. 17. 1. To the extent that the assistance rendered to the commission under section 16 of this act is insufficient for its needs, the commission may appoint and assign staff personnel necessary for the performance of its duties and functions and the commission may employ and contact for professional or consulting services to carry out and effect the function specified in sections 15, 19 to 26, inclusive, and 32 of this act.
2. The commission may also incur usual and necessary expenses for the accomplishment of its functions.
3. The board of county commissioners shall furnish the commission with necessary quarters, equipment and supplies, and the usual and necessary operating expenses incurred by the commission shall be a county charge.
Sec. 18. The annexation of territory not included within the boundaries of any local government to a local government, or the detachment of territory from one local government and its annexation to another local government, may be initiated by either of the following methods:
1. Whenever a majority of the property owners of any territory lying contiguous to a local government desire to annex such territory to the local government, they may cause an accurate map or plat of the territory to be made under the supervision of a competent surveyor.
κ1965 Statutes of Nevada, Page 1282 (CHAPTER 484, AB 630)κ
lying contiguous to a local government desire to annex such territory to the local government, they may cause an accurate map or plat of the territory to be made under the supervision of a competent surveyor. A copy of the map or plat, certified by the surveyor, and a petition in writing signed by a majority of the property owners of such territory shall be filed in the office of the clerk of the governing body of such local government.
2. Whenever the governing body of any city deems it necessary to annex any contiguous territory to the city, the governing body may adopt a resolution declaring its intention to annex such territory. The resolution shall:
(a) Describe the territory to be annexed; and
(b) Order a plat of the territory to be filed in the office of the clerk of the governing body.
Sec. 19. 1. Upon the initiation of an annexation by either of the methods provided in section 18 of this act, and within 5 days after the filing of the necessary documents if initiated by property owners, the clerk of the governing body shall file a notice, in duplicate, of intention to annex with the commission. The notice shall contain the specific boundaries of the territory proposed to be annexed.
2. If the territory of a special district lies in more than one county, the notice of intention to annex shall be filed with the commission of the county in which the territory to be annexed lies.
Sec. 20. 1. Within 5 days after the filing with the commission of a notice to annex, the executive officer of the commission shall transmit one copy of such notice to the county or regional planning commission, if any, having jurisdiction over the area proposed to be annexed. Within 30 days after receiving such copy, the planning commission shall review the proposed annexation in the light of its master plan and any other information in its possession, and report its findings to the local government annexation commission.
2. The commission may also request the advice and shall consider the master plan of any city planning commission whose territory is within 7 miles of the territory proposed to be annexed.
Sec. 21. Following receipt of the copy of the report, if any, of the planning commission and of the notice prescribed by section 19 of this act, the commission shall set a date, time and place for a public hearing on the proposal. The date of the hearing shall not be more than 60 days following receipt by the commission of such notice. The commission shall notify the governing body of each local government having jurisdiction within the boundaries of the territory proposed to be annexed, and the governing body of each city within 7 miles of the exterior boundaries of the territory proposed to be annexed, any interested person who has filed written request with the executive officer of the commission for such notice, and the proponents of the annexation, of the date, time and place of the public hearing at least 15 days prior to the date fixed for the hearing.
Sec. 22. At the hearing, the commission shall hear only interested persons who have made formal request to appear and be heard, and the report of the commissions staff. The commission and its presiding officer shall have the power to make and enforce such rules and regulations as will provide for orderly and fair conduct of the hearings.
κ1965 Statutes of Nevada, Page 1283 (CHAPTER 484, AB 630)κ
officer shall have the power to make and enforce such rules and regulations as will provide for orderly and fair conduct of the hearings. The statements of interested persons shall be confined to the criteria listed in section 23 of this act.
Sec. 23. 1. Factors to be considered in the review of an annexation proposal shall include but not be limited to:
(a) Population; population density; land area and land uses; per capita assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent incorporated and unincorporated areas, during the next 10 years.
(b) Need for organized community services; the present cost and adequacy of governmental services and controls in the area; probable future needs for such services and controls; probable effect of the proposed formation and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas.
(c) The effect of the proposed annexation, and of alternative actions, on adjacent areas, on mutual social and economic interests and on the local governmental structure of the county.
(d) The effect of the proposed annexation, and of alternative actions, upon the availability and requirement of water and other natural resources throughout the affected area.
(e) Any determination by the Bureau of Land Management that the territory proposed to be annexed is suitable for residential, commercial or industrial development, or will be opened to private acquisition.
2. Where any two contiguous cities have agreed, prior to January 1, 1965, upon the territories adjacent to either city which each city will later annex, and have contracted obligations in reliance upon such agreement, the commission shall approve, without modification or condition and without the requirement of holding any public hearing thereon, the annexation of any such territory to the city which has agreed to annex it or, with the consent of both cities, to the other city.
Sec. 24. 1. Upon conclusion of the hearing, the commission may take the matter under consideration and shall, within 30 days following the conclusion of the hearing, present its determination. The commission may also adjourn a hearing from time to time, but not to exceed a total of 30 days.
2. If the commission approves the annexation, proceedings therefor may be continued as provided in this chapter. If the commission disapproves the proposed annexation, further proceedings to annex the territory to the local government shall terminate. If the commission approves the proposed annexation with modifications or conditions, further proceedings for the annexation may be continued only in compliance with such modifications or conditions.
Sec. 25. 1. If the commission disapproves the annexation of territory to a city, or to an unincorporated city or town, no notice of intention to annex the same or substantially the same territory to that city or town may be filed with the commission for at least 1 year after the date of disapproval.
2. If the commission disapproves the annexation of territory to a special district, no notice of intention to annex the same or substantially the same territory to that special district may be filed with the commission for at least 1 year after the date of disapproval.
κ1965 Statutes of Nevada, Page 1284 (CHAPTER 484, AB 630)κ
special district, no notice of intention to annex the same or substantially the same territory to that special district may be filed with the commission for at least 1 year after the date of disapproval.
Sec. 26. Notice of the action taken by the commission shall be given by the executive officer to the clerk of the governing body of the local government to which the annexation is pending, within 5 days from the date of such action, and shall be accompanied by the findings of fact upon which such action is based.
Sec. 27. 1. Upon receipt of a notice of approval from the commission, the clerk of the governing body shall cause a copy of the petition or resolution of intent to annex, and of any modifications or conditions imposed by the commission, to be published in a newspaper of general circulation in the territory proposed to be annexed, or, if there if none, in a newspaper of general circulation published in the county. If no such newspapers are published, a copy of the petition or resolution shall be posted at the front door of the city hall or county courthouse and in at least two conspicuous places in the territory proposed to be annexed, for not less than 20 days before the next regular meeting of the governing body and before there is a vote by the governing body upon the question of annexation.
2. Publication of the petition or resolution pursuant to this section shall be for at least 20 days. Three publications in a newspaper published once a week or oftener are sufficient, but the first and last publications shall be at least 6 days apart. The period of notice commences upon the first day of publication and terminates either upon the day of the third publication or at the end of the 20th day, including therein the first day, whichever period is longer. At the time the first publication is made, the clerk of the governing body shall send a copy of such petition or resolution by certified mail, return receipt requested, to each owner of real property in the territory proposed to be annexed.
3. Included with the petition or resolution in the notice as published or posted and mailed shall be a list of all property owners of record in the territory proposed to be annexed.
Sec. 28. 1. Any owner of real property in the territory proposed to be annexed may file a written protest to such annexation during the 20-day notice period and may appear and be heard prior to any vote of the governing body on the annexation.
2. Such protest may relate to a part only of such territory and when so relating shall be granted for any good cause shown, including without limitation the inability of the annexing local government to provide appropriate governmental services within a reasonable time to such part.
Sec. 29. 1. The governing body, at the next regular meeting after the 20-day notice period or if there is no such regular meeting at a special meeting called for such purpose within 30 days after the expiration of such period, shall hear any property owner who has filed a written protest as provided in section 28 of this act, and who desires to be heard. After hearing and considering such protests the governing body shall vote upon the question of such annexation. If a majority of all the members vote for such annexation an ordinance shall be enacted or other appropriate legal action taken declaring the annexation of the territory and the extension of the limits of the local government accordingly.
κ1965 Statutes of Nevada, Page 1285 (CHAPTER 484, AB 630)κ
territory and the extension of the limits of the local government accordingly.
2. Any person who desires his protest to be considered for the purposes of section 30 of this act shall state his name to the clerk of the governing body.
Sec. 30. 1. Except as provided in subsection 2, the annexation shall be denied if protests are made, either in writing as provided in section 28 of this act or at the public hearing, by:
(a) A majority in number of the real property owners of the territory proposed to be annexed; or
(b) The owners of real property whose combined value is greater than 50 percent of the total value of real property in the territory proposed to be annexed, as determined by assessment for taxation.
2. Annexation of territory to a city or town may be approved over any protest if:
(a) The territory proposed to be annexed is entirely surrounded by such city or town and:
(1) Does not exceed 40 acres in area; or
(2) Is subdivided for residential, commercial or industrial purposes;
(b) Provision of municipal services, including without limitation water, sewerage, police protection and fire protection, to the territory proposed to be annexed is necessary to the public health, safety, convenience or welfare; and
(c) The city or town to which annexation is proposed is or within a reasonable time will be able to supply the municipal services so required.
Sec. 31. 1. Whenever it is necessary for the purposes of this chapter to determine the number or identity of the owners of real property in a territory proposed to be annexed, a list of such owners, certified by the county assessor on any date between the initiation as provided in section 18 of this act and the hearing as provided in section 29 of this act, both dates inclusive, shall be prima facie evidence that only those persons named thereon are such owners.
2. A petition of protest is sufficient for the purposes of this chapter as to any parcel of real property:
(a) Which is owned by more than one natural person, if it is signed by a majority of the owners.
(b) Which is owned by an artificial person, if it is signed by any authorized agent.
Sec. 32. 1. In addition to the other methods provided by this chapter, proceedings for the detachment of territory from any special district, or the complete dissolution of any such district, and in either case the annexation of the territory affected to another local government capable of providing the services provided by the district, may be initiated by resolution of the board of county commissioners or the local government annexation commission, and shall then be carried forward as provided in sections 26 to 30, inclusive, of this act. Where continuing jurisdiction of any special district is vested in any court, the approval of such court shall be required before detachment or dissolution becomes effective.
κ1965 Statutes of Nevada, Page 1286 (CHAPTER 484, AB 630)κ
2. The governing body shall have power by ordinance or other appropriate legal action taken to diminish, reduce and contract the established limits or boundaries of the local government and to detach and sever from the local government any area or territory within such limits, in the following manner:
(a) The governing body, of its own motion or upon petition in writing signed by a majority of the property owners within the area proposed or sought to be detached, shall cause to be prepared and filed with its clerk an accurate map or plat, made by a competent surveyor and certified by him, showing the area proposed or sought to be detached and the boundaries contemplated to be diminished or contracted.
(b) Two copies of such plat, with a brief statement in duplicate of the reasons for the proposed action, shall then be filed with the commission, which shall review the proposal and act upon it in the manner provided by sections 19 to 26, inclusive, of this act.
(c) The governing body shall then cause to be published in a newspaper in the local government for not less than 1 week a notice of its intention to consider and act upon the matter or the proposed change in the boundaries, briefly describing such change and referring to the map on file, and fixing a time when the governing body will meet and consider objections or protests against the proposed change.
(d) At the time fixed, unless there is presented and filed written objections or protests against such change, signed by a majority of the property owners within the area proposed or sought to be detached, the governing body may take favorable action upon the matter, and may by ordinance or other appropriate legal action taken declare the area under consideration severed and detached from the local government, and the boundaries diminished or contracted as proposed.
(e) A copy of the map mentioned in paragraph (a), duly certified by the surveyor and by the clerk, with a certified copy of the ordinance or action as passed, approved and published, shall be at once filed with the county recorder of the proper county and upon such filing the change in boundaries shall be deemed complete and the area detached.
3. Where any territory is detached from a local goverment as provided in this section, provision shall be made for such proportion of any outstanding general obligations of such local government as the assessed valuation of property in the territory bears to the total assessed valuation of property in such local government and for such proportion of any obligations secured by the pledge of revenues from a public improvement as the revenue arising within the territory bears to the total revenue from such improvement as follows:
(a) If the territory is annexed to another local government, such proportionate obligation shall be assumed according to its terms by the annexing local government.
(b) If the territory is not so annexed, taxes shall be levied by the board of county commissioners upon all taxable property in the district, sufficient to discharge such proportionate general obligation according to its terms.
(c) In lieu of either method provided in paragraphs (a) and (b), where substantially all of the physical improvements for which the obligation was incurred are within the territory remaining, and with the consent of the governing body of the local government from which such territory is detached and of the holders of such obligations, the entire obligation may be assumed by such local government and the detached territory released therefrom.
κ1965 Statutes of Nevada, Page 1287 (CHAPTER 484, AB 630)κ
obligation was incurred are within the territory remaining, and with the consent of the governing body of the local government from which such territory is detached and of the holders of such obligations, the entire obligation may be assumed by such local government and the detached territory released therefrom.
Sec. 33. No change in the boundaries of any local government shall become effective within 90 days next preceding any general election at which officers are chosen or issues determined for such local government. Any annexation which would otherwise be effective within such period shall be effective on the day following such election.
Sec. 34. At any stage of an annexation or detachment proceeding, or within 90 days from the date of its completion as provided in sections 29 or 32 of this act, any person or local government claiming to be adversely affected by such proceeding may apply to the district court having jurisdiction of the territory proposed to be annexed for an order staying such proceeding or annulling such completed action. The court may accord such an application precedence over any civil business not involving the public interest. In hearing and deciding on such application, the court shall consider any evidence or statements introduced at any administrative or legislative hearing and any evidence which it finds to have been arbitrarily or capriciously excluded. If the court finds that any of the steps required by this chapter have not been duly taken or that any officer or body has abused its discretion in taking any action, the court shall make such temporary or final order in the premises as the ends of justice may require.
Sec. 35. Section 1 of the charter of the City of Yerington, being chapter 72, Statutes of Nevada 1907, at page 150, is hereby amended to read as follows:
Section 1. That on and after the passage and approval of this Act, and for the uses and purposes hereinafter mentioned, the inhabitants of that portion of Lyon County, Nevada, embraced within the limits hereinafter set forth, shall be and constitute a body politic and corporate, by the name and style of the City of Yerington, and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The boundaries of said city shall include all the inhabitants, lands, tenements and property embraced within the east half of section fifteen, the west half of section fourteen, the north half of the northeast quarter of section twenty-two, and the north half of the northwest quarter of section twenty-three; all in township thirteen north, range twenty-five east, Mount Diablo base and meridian, and, also, such other and additional lands and tenements as may at any time hereafter be embraced or included within established limits of said city as [hereinafter] provided [.] by law.
Sec. 36. NRS 266.090, 266.100, 269.015, 269.020, 313.345 to 313.415, inclusive, 316.210 to 316.230, inclusive, 318.255 to 318.270, inclusive, 474.330 to 474.400, inclusive, 539.707 to 539.747, inclusive, and 543.660 to 543.680, inclusive, are hereby repealed.
Sec. 37. Sections 20 to 22, inclusive, of chapter 8, Statutes of Nevada 1964, at page 18, are hereby repealed.
Sec. 38. Section 2 of the charter of the City of Caliente, being chapter 289, Statutes of Nevada 1957, as amended by chapter 200, Statutes of Nevada 1961, at page 340, is hereby repealed.
κ1965 Statutes of Nevada, Page 1288 (CHAPTER 484, AB 630)κ
chapter 289, Statutes of Nevada 1957, as amended by chapter 200, Statutes of Nevada 1961, at page 340, is hereby repealed.
Sec. 39. Section 1.5 of the charter of Carson City, being chapter 43, Statutes of Nevada 1875, as added by chapter 426, Statutes of Nevada 1963, at page 1134, is hereby repealed.
Sec. 40. Section 2 of chapter I of the charter of the City of Elko, being chapter 84, Statutes of Nevada 1917, at page 127, is hereby repealed.
Sec. 41. Section 2 of the charter of the City of Gabbs, being chapter 381, Statutes of Nevada 1955, at page 662, is hereby repealed.
Sec. 42. Section 2 of chapter I of the charter of the city of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 320, Statutes of Nevada 1953, at page 544, is hereby repealed.
Sec. 43. Section 2 of chapter I of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as last amended by chapter 447, Statutes of Nevada 1963, at page 1204, is hereby repealed.
Sec. 44. Section 10.505 of Article XII of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, and amended by chapter 103, Statutes of Nevada 1947, at page 392, is hereby repealed.
Sec. 45. Section 1.03 of Article I of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 347, Statutes of Nevada 1963, at page 698, is hereby repealed.
Sec. 46. Section 2 of chapter I of the charter of the City of Wells, being chapter 104, Statutes of Nevada 1927, at page 141, is hereby amended to read as follows:
Sec. 47. Chapter 42, Statutes of Nevada 1965, entitled An Act prohibiting the annexation of land to incorporated cities or towns or to unincorporated towns in Clark County; to amend the charters of the cities of Las Vegas and North Las Vegas, being respectively chapter 132, Statutes of Nevada 1911, as amended, and chapter 283, Statutes of Nevada 1953, as amended; and providing other matters properly relating thereto, approved February 17, 1965, is hereby repealed.
________
κ1965 Statutes of Nevada, Page 1289κ
Assembly Bill No. 638Committee on Taxation
CHAPTER 485
AN ACT to amend chapter 369 of NRS, relating to the taxation of intoxicating liquor, by adding a new section providing for an additional tax upon certain liquors in the event the federal gallonage tax on such liquor is reduced; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 369 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In addition to the excise tax provided by NRS 369.330, there is hereby levied and shall be collected upon all liquor containing more than 22 percent of alcohol by volume imported into this state after July 1, 1965, an excise tax in the amount of $1.50 per wine gallon.
2. The tax imposed by subsection 1 shall not be levied or collected unless the federal gallonage tax imposed by 26 U.S.C. § 5001 is reduced to $9 per gallon and shall not be levied or collected on any liquor for which a federal gallonage tax of $10.50 per gallon has been paid.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 640Committee on Ways and Means
CHAPTER 486
AN ACT appropriating moneys from the general fund and the fish and game fund in the state treasury for the support of the state planning board in carrying out a program of capital improvements for the State of Nevada; authorizing the state planning board to expend moneys not appropriated from state funds for the construction of a library building and a nursing facility at Nevada Southern University and the University of Nevada, respectively; stating the powers, duties and responsibilities of the state planning board and other state officers; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon passage and approval of this act there is hereby appropriated from the general fund in the state treasury for the support of the state planning board in carrying out the program of capital improvements set forth in sections 2 to 8, inclusive, of this act the sum of $952,097.
Sec. 2. The sum of $44,397 of the moneys appropriated in section 1 of this act is hereby allocated for site clearance and development within the capitol complex, Carson City, Ormsby County, Nevada.
κ1965 Statutes of Nevada, Page 1290 (CHAPTER 486, AB 640)κ
Sec. 3. The sum of $517,200 of the moneys appropriated in section 1 of this act is hereby allocated for the following capital improvements at the Nevada state hospital, Washoe County, Nevada:
1. Rehabilitation of the electrical system;
2. Addition to the medical ward; and
3. Air conditioning of two wards.
Sec. 4. The sum of $87,600 of the moneys appropriated in section 1 of this act is hereby allocated for the rehabilitation of the Peavine forestry camp under the jurisdiction of the state department of conservation and natural resources in Washoe County, Nevada.
Sec. 5. The sum of $27,600 of the moneys appropriated in section 1 of this act is hereby allocated for the construction of an addition to existing storage buildings of the state department of agriculture.
Sec. 6. The sum of $25,000 of the moneys appropriated in section 1 of this act is hereby allocated for the purchase of 10,000 acres of land in Clark County, Nevada, as an addition to the Boulder Dam-Valley of Fire State Park.
Sec. 7. The sum of $53,000 of the moneys appropriated in section 1 of this act is hereby allocated for the following capital improvements to buildings under the jurisdiction of the buildings and grounds division of the department of administration:
1. Ormsby County, Nevada:
(a) Repair of the capitol building;
(b) Roof repair, Heroes Memorial Building;
(c) Skylight repair, supreme court building; and
(d) Construction of a cottage on the grounds of the governors mansion, utilizing in part the labor forces of the buildings and grounds division of the department of administration.
2. Clark County, Nevada:
(a) Roof repair, Las Vegas office building.
Sec. 7.5. The sum of $188,100 of the funds appropriated in section 1 of this act is hereby allocated for the construction of an industrial building at the minimum security prison in Ormsby County, Nevada.
Sec. 8. The sum of $9,200 of the moneys appropriated in section 1 of this act is hereby allocated for the completion of the chapel at the Nevada state prison in Ormsby County, Nevada.
Sec. 9. 1. Subject to the provisions of subsection 2, the sum of $600,000 is hereby appropriated from the fish and game fund in the state treasury, effective July 1, 1965, for the support of the state planning board for the construction of a fish hatchery building, troughs and ponds, residences, a shop and storage building and a garage at Ruby Lake, Elko County, Nevada.
2. The state controller shall not transfer any of the moneys appropriated for the construction of the buildings and facilities described in subsection 1, nor shall the state planning board proceed with such construction until the state planning board has received a copy of a resolution adopted by the state board of fish and game commissioners requesting that such construction be commenced.
κ1965 Statutes of Nevada, Page 1291 (CHAPTER 486, AB 640)κ
Sec. 10. On and after July 1, 1965, the state planning board is authorized to expend:
1. The sum of $529,500 to be received from the Federal Government for the construction of an addition to the library building at Nevada Southern University in Clark County, Nevada.
2. The sum of $578,575 to be received form the Federal Government and from private sources for the construction of a nursing facility at the University of Nevada, Washoe County, Nevada.
Sec. 11. 1. The state planning board is hereby charged with the duty of carrying out the provisions of this act:
(a) As provided in chapter 341 of NRS;
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements set forth in this act.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.
3. All work authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. Except as provided in subsection 5 of this section, the state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for each construction project designated in this act. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on part or parts of such construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
5. The state planning board shall not be required to advertise for sealed bids for construction projects the estimated cost of which is less than $5,000, but the state planning board may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.
Sec. 12. Except as otherwise provided in this act, this act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1292κ
Assembly Bill No. 642Committee on State, County and City Affairs
CHAPTER 487
AN ACT redefining the boundaries of the cities of North Las Vegas, Las Vegas and Henderson in Clark County, Nevada; to amend section 1 of Chapter I of the charter of the City of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as amended, section 1 of Chapter I of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as amended, and section 6 of Article III and section 265 of Article XXV of the charter of the City of Henderson, being a chapter of Statutes of Nevada 1965 derived from Assembly Bill No. 574; and providing other matters properly relating thereto.
[Approved April 13, 1965]
Whereas, The unregulated and rapid annexation of land to incorporated cities in Clark County led the 53rd session of the legislature to enact chapter 42, Statutes of Nevada 1965, prohibiting the further annexation of lands, and thereafter the legislature enacted the Nevada Annexation Law providing for the initiation, review, hearing and determination of proceedings for the annexation of territory to local governments; and
Whereas, The public welfare of the inhabitants of Clark County and of the State of Nevada requires that the boundaries of the cities of North Las Vegas, Las Vegas and Henderson now be redefined to the end that future expansion of the cities can be orderly planned and effected; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of Chapter I of the charter of the City of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as last amended by chapter 91, Statutes of Nevada 1965, is hereby amended to read as follows:
Section 1. Creation of Legislative Charter. All persons, inhabitants of that portion of Clark County, Nevada, embraced within the limits hereinafter set forth shall be and constitute a body politic and corporate by the name and style of city of North Las Vegas, and by that name and style they and their successors shall be known in law, and have perpetual succession and sue and be sued in all courts. The territory embraced in said city is that certain land situate in the county of Clark, State of Nevada, described as follows:
[All territory within the present boundaries of the city of North Las Vegas, operating under the general laws of the State of Nevada; and also, such other and additional lands and tenements as may, at any time hereafter be embraced or included within established limits of said city as hereinafter provided. Such city shall have such powers, rights, authority, duties, privileges and obligations as hereinafter set out and prescribed.
That certain territory contained in the NE 1/4 sec. 25, T. 20 S., R. 61 E., M.D.B. & M., Clark County, Nevada, heretofore annexed to the city of North Las Vegas by an ordinance adopted in 1954 in accordance with this act, and all of that territory known as the W 1/2 of the E 1/2 of the W 1/2 of section 32, T.
κ1965 Statutes of Nevada, Page 1293 (CHAPTER 487, AB 642)κ
E 1/2 of the W 1/2 of section 32, T. 19 S., R. 62 E., M.D.B. & M., Clark County, Nevada, heretofore annexed to the city of North Las Vegas in 1964 in accordance with this act, is hereby excluded from the city of North Las Vegas, and such territory shall hereafter cease to be part of such city. Exclusion of such territory from the city of North Las Vegas shall not relieve any part of the above-described excluded territory from any debts or obligations of the city of North Las Vegas incurred prior to such exclusion; and the city of North Las Vegas is hereby authorized to levy and collect from the territory so excluded the proportionate share of such sums of money as may become due on such debts or obligations contracted prior to exclusion. The owner or owners of the territory or parts of the territory so excluded may at any time pay the entire amount of his proportionate share of principal and interest due, and such payment shall terminate the liability of such portion of the excluded territory to the city of North Las Vegas.]
1. All of sections 13, 14, 23 and 24 and the SE 1/4 of section 10, the S 1/2 of section 11, the S 1/2 of section 12, the E 1/2 of section 15, and the E 1/2 of section 22, all in T. 20 S., R. 61 E., M.D.B. & M.
2. In T. 20 S., R. 61 E., M.D.B. & M.; all of sections 3, 4, 5, 6, 7, 8, 9, 16 and 17, saving and excepting the south 1,320 feet of section 17.
3. All those portions of section 2, T. 20 S., R. 61 E., M.D.B. & M., lying west of the westerly limits of Clark County Sanitation District No. 2.
4. The NW 1/4 of section 11, T. 20 S., R. 61 E., M.D.B. & M.
5. The N 1/2 and the SW 1/4 of section 10, T. 20 S., R. 61 E., M.D.B. & M.
6. The NW 1/4 of section 22, T. 20 S., R. 61 E., M.D.B. & M.
7. The W 1/2 of section 15, T. 20 S., R. 61 E., M.D.B. & M.
8. The N 1/2 of section 1, T. 20 S., R. 60 E., and the N 1/2 of the N 1/2 of the S 1/2 of section 1, T. 20 S., R. 60 E., M.D.B. & M.
9. All of those portions of the N 1/2, and the N 1/2 of the N 1/2 of the S 1/2 of section 2, T. 20 S., R. 60 E., lying east of the easterly right-of-way line of U.S. Highway No. 95.
10. That portion of the NE 1/4 of the NW 1/4 of section 21, T. 20 S., R. 61 E., M.D.B. & M., described thusly: Beginning at the north quarter corner of section 21; thence S. 89°29ˊ42ʺ W., 197.14 feet along the north line of section 21; thence S. 0°00ˊ36ʺ E., 330.83 feet; thence N. 89°30ˊ05ʺ E., 197.00 feet to the N-S midsection line of section 21; thence N. 0°00ˊ49ʺ E., 330.85 feet along such midsection line to the point of beginning.
11. That portion of the NW 1/4 of the NW 1/4 of section 25, T. 20 S., R. 61 E., M.D.B. & M., described as follows:
Commencing at the NW corner of section 25, T. 20 S., R. 61 E., M.D.B. & M.; thence S. 88°20ˊ04ʺ E. along the north line of section 25 a distance of 330 feet to the point of beginning; thence continuing S. 88°20ˊ04ʺ E., along the north line of section 25 a distance of 983.23 feet; thence S. 0°11ˊ13ʺ W. a distance of 1,329.62 feet; thence N. 88°26ˊ42ʺ W. a distance of 977.28 feet; thence N. 0°04ˊ03ʺ W. a distance of 1,331.67 feet to the true point of beginning.
12. The S 1/2 of the SE 1/4 of section 17, T. 20 S., R. 61 E., M.D.B. & M.
κ1965 Statutes of Nevada, Page 1294 (CHAPTER 487, AB 642)κ
13. All of section 1 and the E 1/2 of the SE 1/4 of section 2, NE 1/4 section 11, the N 1/2, section 12, all in T. 20 S., R. 61 E., M.D.B. & M.
14. The N 1/2 of section 6, T. 20 S., R. 62 E., M.D.B. & M.
15. All of sections 7, 8, 16, 17, 18, 19, 20, 21, 28, 30 and 31, S 1/2 of section 6, S 1/2 of section 9, NE 1/4 and the N 1/2 of the NW 1/4 and the SE 1/4 of the NW 1/4 of section 29, the N 1/2 of the N 1/2 and the E 1/2 of the SE 1/4 and the SE 1/4 of the NE 1/4 of section 33, all in T. 19 S., R. 61 E., M.D.B. & M.
Sec. 2. Section 1 of Chapter I of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 191, Statutes of Nevada 1961, at page 308, is hereby amended to read as follows:
Section 1. Creation of Municipality. All persons, inhabitants of that portion of Clark County, Nevada, embraced within the limits hereinafter set forth shall be and constitute a body politic and corporate by the name and style of The City of Las Vegas, and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The boundaries of the said city shall include all inhabitants, land, tenements, and property included [in sections 26 to 35, inclusive, township 20 south, range 61 east, Mount Diablo base and meridian; sections 2 to 5, inclusive, in township 21 south, range 61 east, Mount Diablo base and meridian; the south half (S 1/2) of the southwest quarter (SW 1/4) of section 22, township 20 south, range 61 east, Mount Diablo base and meridian; that portion of section 36, township 20 south, range 61 east, Mount Diablo base and meridian, described as follows:
From a point on the easterly boundary of Sunrise Park Tract No. 1 as recorded in book 2 of plats, page 2 Clark County Records, said point lying N. 0°27ˊ45ʺ E. a distance of 750.00 feet from a certain concrete monument denoting the center line intersection of Sunrise street and Second street in said subdivision; thence N. 89°32ˊ30ʺ W. a distance of 30.00 feet to the true point of beginning; thence N. 0°27ˊ45ʺ E. a distance of 500.00 feet to a point; then N. 89°32ˊ00ʺ W. a distance of 527.65 feet to a point, thence S. 2°22ˊ15ʺ W. a distance of 500.34 feet to a point, thence S. 89°32ˊ30ʺ E. a distance of 544.31 feet to the point of beginning, containing 6.15 acres, more or less; the west one-half (W 1/2) of the northeast quarter (NE 1/4) and the west 575.7 feet of the southeast quarter (SE 1/4) of the northeast quarter (NE 1/4), section 6, township 21 South, range 61 East; Tankels North Addition No. 2; the northwest quarter (NW 1/4) of the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4), and the north one-half (N 1/2) of the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4), section 25, township 20 South, range 61 East; Blocks 3, 4, and 6, and Lots 12 through 19 of Block 2 of Fishers Fremont Street Boulder Dam Highway First Subdivision;] in the area described as follows:
All of sections 1 and 2; the N 1/2, the SE 1/4, the NE 1/4 of the SW 1/4 of section 3; the NW 1/4, the N 1/2 of the NE 1/4, the SE 1/4 of the NE 1/4 of section 4; the NW 1/4, the S 1/2 of the NE 1/4, the NE 1/4 of the NE 1/4 of section 5; all of section 6, excepting therefrom, the W 1/2 of the SE 1/4 of the NE 1/4 of the NW 1/4, also excepting the E 1/2 of the E 1/2 of the NW 1/4 of the SW 1/4, also excepting the W 1/2 of the SE 1/4 of the SW 1/4; all of section 7; the W 1/2 of section 8; the E 1/2 of the NE 1/4 of the NE 1/4, the N 1/2 of the SE 1/4, the SE 1/4 of the SE 1/4 of section 11; all of section 12, excepting therefrom the W 1/2 of the NW 1/4; all of section 13; the E 1/2 of the NE 1/4, the NE 1/4 of the SE 1/4 of section 14; the SW 1/4, excepting therefrom the S 1/2 of the NW 1/4 of the NW 1/4 thereof, also excepting the NW 1/4 of the SW 1/4 thereof, of section 16; all of section 17, excepting therefrom the SE 1/4 of the SE 1/4; the NE 1/4 of section 20; the W 1/2 of the W 1/2 of section 21; all of section 24; the NE 1/4, the N 1/2 of the NW 1/4, the SE 1/4, excepting therefrom the SW 1/4 thereof, of section 25; the NE 1/4, the E 1/2 of the SW 1/4, the SE 1/4 of the NW 1/4, the E 1/2 of the SW 1/4 of the NW 1/4, the S 1/2 of the NE 1/4 of the NW 1/4 of section 26; the S 1/2 of the SW 1/4 of section 27; the NW 1/4, the W 1/2 of the NE 1/4, the SE 1/4, the S 1/2 of the SW 1/4 of section 28; the N 1/2, the N 1/2 of the SW 1/4, the NW 1/4 of the SE 1/4 of section 33; the NW 1/4, that portion of the W 1/2 of the NE 1/4 lying west of the centerline of U.S.
κ1965 Statutes of Nevada, Page 1295 (CHAPTER 487, AB 642)κ
NW 1/4 of the SW 1/4, also excepting the W 1/2 of the SE 1/4 of the SW 1/4; all of section 7; the W 1/2 of section 8; the E 1/2 of the NE 1/4 of the NE 1/4, the N 1/2 of the SE 1/4, the SE 1/4 of the SE 1/4 of section 11; all of section 12, excepting therefrom the W 1/2 of the NW 1/4; all of section 13; the E 1/2 of the NE 1/4, the NE 1/4 of the SE 1/4 of section 14; the SW 1/4, excepting therefrom the S 1/2 of the NW 1/4 of the NW 1/4 thereof, also excepting the NW 1/4 of the SW 1/4 thereof, of section 16; all of section 17, excepting therefrom the SE 1/4 of the SE 1/4; the NE 1/4 of section 20; the W 1/2 of the W 1/2 of section 21; all of section 24; the NE 1/4, the N 1/2 of the NW 1/4, the SE 1/4, excepting therefrom the SW 1/4 thereof, of section 25; the NE 1/4, the E 1/2 of the SW 1/4, the SE 1/4 of the NW 1/4, the E 1/2 of the SW 1/4 of the NW 1/4, the S 1/2 of the NE 1/4 of the NW 1/4 of section 26; the S 1/2 of the SW 1/4 of section 27; the NW 1/4, the W 1/2 of the NE 1/4, the SE 1/4, the S 1/2 of the SW 1/4 of section 28; the N 1/2, the N 1/2 of the SW 1/4, the NW 1/4 of the SE 1/4 of section 33; the NW 1/4, that portion of the W 1/2 of the NE 1/4 lying west of the centerline of U.S. Highway 95, the E 1/2 of the NE 1/4, the SE 1/4 of section 34; all of section 35, excepting therefrom the NE 1/4 of the SE 1/4; all of section 36; all in T. 19 S., R. 60 E., M.D.B. & M. The S 1/2 of section 1, excepting therefrom the N 1/2 of the N 1/2; all of section 2, lying west of the centerline of U.S. Highway 95, that portion of the SE 1/4 lying east of the centerline of U.S. Highway 95, excepting therefrom the N 1/2 of the N 1/2 thereof; the NW 1/4, the N 1/2 of the NE 1/4, the N 1/2 of the N 1/2 of the SW 1/4 of section 11; all of section 12, excepting therefrom Lots 10, 11, 12 and 13, in Block 1, and all of Blocks 7 and 8, in Tonopah Terrace, a recorded subdivision, but not excepting the west half of the right-of-way of Edward Avenue, lying east of Block 7, and the right-of-way of Gowan Road, 30 feet wide, lying south of Block 7; the north 30 feet of the NW 1/4 of the NW 1/4, the NE 1/4 of the NW 1/4, the S 1/2 of the SW 1/4, the NE 1/4 of the NE 1/4 of the SE 1/4, that portion of the NE 1/4 lying west of the east right-of-way line of U.S. Highway 95, that portion of the N 1/2 of the NE 1/4 lying east of the east right-of-way line of U.S. Highway 95; all in section 13; the following described parcels lying partly in section 13, T. 20 S., R. 60 E., and partly in section 18, T. 20 S., and R. 61 E., M.D.B. & M., beginning at the southeast corner of section 13, thence N. 00°59ˊ50ʺ E., 2,639.62 feet to a point accepted as the east quarter corner of section 13, as shown on Record of Survey in Book 1, Page 37, in the office of the Clark County recorder, thence (as shown on Record Boundary Survey No. 473989 in File 15, page 55, Official Records Book 589, in the office of the Clark County recorder) N. 3°41ˊ31ʺ E., 866.53 feet to the true point of beginning, thence continuing N. 3°41ˊ31ʺ E., 468.89 feet, thence S. 88°24ˊ14ʺ W., 983.04 feet to a point on the east right-of-way line of U.S. Highway 95, thence S. 36°41ˊ33ʺ W. along the right-of-way line of the highway, 536.14 feet, thence S. 89°02ˊ14ʺ E., 632.23 feet to the true point of beginning; commencing at the southeast corner of section 13 (as shown on Boundary Survey Number 473995 in File 15, page 61, Book 589, Official Records, in the office of the Clark County recorder), thence N. 1°16ˊ48ʺ E., 495 feet to the true point of beginning, thence N. 88°42ˊ42ʺ W., 483 feet, thence N. 1°16ˊ48ʺ E., 206.50 feet, thence S. 88°42ˊ42ʺ E., 102.00 feet, thence N.
κ1965 Statutes of Nevada, Page 1296 (CHAPTER 487, AB 642)κ
1°16ˊ48ʺ E., 206.00 feet, thence S. 88°42ˊ42ʺ E., 95.50 feet, thence S. 1°16ˊ48ʺ W., 211.50 feet, thence S. 88°42ˊ42ʺ E., 95.00 feet, thence N. 1°16ˊ48ʺ E., 64.00 feet, thence S. 88°42ˊ42ʺ E., 190.50 feet, thence S. 1°16ˊ48ʺ W., 265.00 feet to the true point of beginning; the W 1/2 of the SE 1/4 of section 14; the NE 1/4 of section 23; the NW 1/4, the W 1/2 of the SW 1/4, the W 1/2 of the SE 1/4 of the SW 1/4, the W 1/2 of the E 1/2 of the SE 1/4 of the SW 1/4, the north 230 feet of the east 440 of the SW 1/4; the south 300 feet of the north 530 feet of the east 230 feet of the SW 1/4, the north 440 feet of the west 495 feet of the NE 1/4, Lot 21, Block 5, Curtis Park Manor Unit Number 2, a recorded subdivision, in section 24; all of section 25, excepting therefrom, the NE 1/4 of the NW 1/4; all of sections 26, 35 and 36, T. 20 S., R. 60 E., M.D.B. & M. The S 1/2 of the SW 1/4 of section 17; the SE 1/4, the E 1/2 of the NE 1/4, the E 1/2 of the NW 1/4 of the NE 1/4, that portion of the W 1/2 lying west of the easterly right-of-way line of U.S. Highway 95, that portion of the S 1/2 of the SW 1/4 lying east of the east right-of-way line of U.S. Highway 95, described as follows, commencing at the S 1/4 corner of section 18, thence west along the south line 502 feet to the true point of beginning, thence continuing west along such section line 71.91 feet to a point on the easterly right-of-way line of U.S. Highway 95, thence northwesterly along such east right-of-way line 1,638.15 feet to the north line of the S 1/2 of the SW 1/4, thence east along the north line 1,044.835 feet, thence southerly 1,325.60 feet to the true point of beginning, all in section 18 (also portions of two parcels lying partly in section 13, T. 20 S., R. 60 E., and partly in section 18, T. 20 S., R. 61 E., as described with the above-mentioned section 13); the NE 1/4, the NW 1/4, excepting therefrom the south 75.04 feet of the SW 1/4 thereof; the SW 1/4 of the SW 1/4, the E 1/2 of the E 1/2 of the SW 1/4, that portion of the southwest quarter lying west of the east right-of-way line of U.S. Highway 95 (hereinafter referred to as the highway), described as follows, commencing at the SE corner of section 19, the true point of beginning, thence S. 88°36ˊ52ʺ W., 475.00 feet to the extension of the west line of Sunset Drive, thence 00°00ˊ08ʺ W., 530.0 feet to a point on the west line of Sunset Drive, thence N. 02°17ˊ40ʺ E., 119.58 feet to a point on the west line of Primrose Path, thence N. 36°39ˊ08ʺ W., 634.40 feet, thence N. 08°01ˊ50ʺ E., 301.47 feet to a point on the north line of Melody Lane, thence, N. 52°09ˊ54ʺ W., 209.67 feet, thence N. 00°25ˊ51ʺ E., 222.94 feet, thence N. 53°17ˊ43ʺ E., 24.19 feet, thence N. 36°42ˊ19ʺ W., 150 feet, to a point on the north line of Spring Road, thence S. 53°17ˊ41ʺ W., 13.54 feet, thence S. 89°10ˊ01ʺ W., 254.54 feet, thence N. 00°24ˊ02ʺ E., 367.86 feet, thence N. 39°49ˊ22ʺ W., 126.26 feet, thence S. 89°10ˊ16ʺ W., 60.71 feet, to a point on the east line of Cypress Trail, thence N. 00°15ˊ56ʺ E., 297.42 feet to a point on the south line of Coran Lane, thence N. 89°04ˊ01ʺ E., 63.40 feet to a point on the west right-of-way line of the highway, thence N. 36°42ˊ19ʺ W., 36.98 feet along the west right-of-way line to a point on the north line of the SE 1/4 of section 19, thence N. 89°04ˊ01ʺ E., 154.18 feet along the north line to a point on the east right-of-way line of the highway, thence S. 36°42ˊ19ʺ E. to the point of intersection with the east line of the SE 1/4 of section 19, thence south along the east line to the southeast corner of section 19, the true point of beginning (containing Blocks 14 and 22 Amended Plat, Eastland Heights No.
κ1965 Statutes of Nevada, Page 1297 (CHAPTER 487, AB 642)κ
and 22 Amended Plat, Eastland Heights No. 1); also the W 1/2 of the NE 1/4 of the NE 1/4 of the NW 1/4 of the SE 1/4, the east 42 feet of the NE 1/4 of the NW 1/4 of the NE 1/4 of the NW 1/4 of the SE 1/4, the NW 1/4 of the SE 1/4 of the NE 1/4 of the NW 1/4 of the SE 1/4, the N 1/2 of the SE 1/4 of the SE 1/4 of the NE 1/4 of the NW 1/4 of the SE 1/4, all in section 19; the N 1/2 of the NW 1/4, the N 1/2 of the S 1/2 of the NW 1/4, the NE 1/4, excepting therefrom, the NE 1/4 thereof, the W 1/2 of the SE 1/4 of the SE 1/4, the W 1/2 of the NW 1/4 of the SE 1/4, the W 1/2 of the E 1/2 of the NW 1/4 of the SE 1/4, the south 220 feet of the W 1/2 of the NE 1/4 of the SE 1/4, the south 220 feet of the E 1/2 of the E 1/2 of the NW 1/4 of the SE 1/4, the S 1/2 of the NE 1/4 of the SW 1/4, the south 463.64 feet of the SE 1/4 of the NW 1/4 of the SW 1/4, all of Blocks 1 and 2, James Anthony Plaza, Unit Number 1, a recorded subdivision, Lots 1, 2 and the west 60 feet of Lot 3, and the N 1/2 of Anderson Lane lying south of Lots 3, 4, 5 and 6 in Las Vegas Acres Tract Number 1, a recorded subdivision, that portion of the SW 1/4 lying west of the easterly right-of-way line of U.S. Highway 95, all of Lot 5, all of Lot 6 except the east 150 feet, all of Lots 7, 8, 9 and 10 and the E 1/2 of Lots 11 and 12, and the N 1/2 of Vegas Drive lying south of Lots 6, 7, 8, 9 and 10, Sebec Acres, a recorded subdivision, the south 182 feet of the east 239 feet of the N 1/2 of the SW 1/4 of the SW 1/4, all of Hollydale Tracts Numbers 1, 2 and 3, recorded subdivisions, all in section 20; all of section 21, excepting therefrom, the east 197.13 feet of the north 330.67 feet of the NW 1/4; the SW 1/4 of section 22; the S 1/2, the NE 1/4, the S 1/2 of the NW 1/4, the NE 1/4 of the NW 1/4, the west 330 feet of the NW 1/4 of the NW 1/4 of section 25; all of sections 26 to 35, inclusive; all of section 36, excepting therefrom a portion of the SW 1/4 described as follows, commencing at the southwest corner of section 36, the true point of beginning, thence S. 89°32ˊ30ʺ E., 1,325.11 feet, thence N. 1°12ˊ30ʺ E., 1,388.94 feet, thence N. 88°44ˊ W., 649.12 feet, thence S. 0°27ˊ30ʺ W., 428.12 feet, to the centerline of Valley Street, thence N. 89°32ˊ30ʺ W., along the centerline of Valley Street to the west line of section 36, thence S. 2°22ˊ30ʺ W. along the west line of section 36, to the true point of beginning, containing Blocks 1, 2 and 3, Sunrise Park Tract Number 1, and all of Sunrise Acres, recorded subdivisions, all in T. 20 S., R. 61 E., M.D.B. & M. All of Sections 29, 30, 31 and 32, excepting therefrom, the east 50 feet of sections 29 and 32; T. 20 S., R. 62 E., M.D.B. & M. Government Lot Number 11, the south 240 feet of the north 518 feet of Government Lot Number 20, the north 660 feet of the SE 1/4 of the SE 1/4, the NE 1/4, excepting therefrom the NW 1/4 or the NW 1/4 thereof; all in section 1, T. 21 S., R. 60 E., M.D.B. & M. All of section 1, lying west of the northeasterly right-of-way line of U.S. Highway 93, 95, 466 (hereinafter referred to as the highway), excepting therefrom that portion of the land fronting on the southwesterly right-of-way line of the highway, described as follows, commencing at the southeast corner of section 1, the true point of beginning, thence north along the east line of section 1, 167.56 feet to a point on the southwesterly right-of-way line of the highway, thence N. 42°27ˊ W. along such right-of-way line to a point which is 2,008.01 feet, S. 42°27ˊ E. from where such right-of-way line intersects the north line of section 1, thence southwesterly at right angles to the southwesterly right-of-way line of the highway, 500 feet, thence southeasterly parallel to the southwesterly right-of-way line of the highway, to a point on the east-west quarter section line, thence easterly along the quarter section line to the center of section 1, thence south along the north-south quarter section line 59.64 feet to a point 300 feet, measured at a right angle from the southwesterly right-of-way line of the highway, thence S.
κ1965 Statutes of Nevada, Page 1298 (CHAPTER 487, AB 642)κ
thence southeasterly parallel to the southwesterly right-of-way line of the highway, to a point on the east-west quarter section line, thence easterly along the quarter section line to the center of section 1, thence south along the north-south quarter section line 59.64 feet to a point 300 feet, measured at a right angle from the southwesterly right-of-way line of the highway, thence S. 42°27ˊ E., 300 feet from and parallel to the southeasterly right-of-way line of the highway, 3,551.11 feet to a point on the south line of section 1, thence east along the south line to the true point of beginning; the preceding exception does not except that portion dedicated as St. Louis Avenue (80 feet in width) more particularly described by Document 42717, recorded April 8, 1955, Official Records of Clark County, Nevada; all of sections 2 to 6, inclusive; the N 1/2 of the NE 1/4, the S 1/2 of the NW 1/4, the NE 1/4 of the NW 1/4 of section 7; the N 1/2 of section 8; that portion of section 9, lying west of the right-of-way line of the Union Pacific Railroad, described as follows, beginning at the northwest corner of section 9, thence east 2,019.55 feet along the north line of section 9, to a point on the west right-of-way line of the Union Pacific Railroad, thence S. 27°56ˊ15ʺ W., 4,374.15 feet along the right-of-way line to a point on the west line of section 9, thence north along the west line, 3,961.26 feet to the point of beginning; T. 21 S., R. 61 E., M.D.B. & M. That portion of the SW 1/4 of the SW 1/4 of the SW 1/4 of section 6, occupied by the right-of-way, 200 feet wide, of U.S. Highway 93, 95, 466, as shown on Survey Map of Part of Section 6, No. 255419 in File 10, page 45, Book 316, Official Records, Office of the Clark County Recorder, T. 21 S., R. 62 E., M.D.B. & M. All of the right-of-way of U.S. Highway 95, lying between the south line of section 20, T. 20 S., R. 61 E., M.D.B. & M. and the west line of section 6, T. 19 S., R. 60 E., M.D.B. & M., as shown on State of Nevada, Department of Highways plans of Project Number W-A-P-(A-D)-16-(1), Units 1 and 2, as approved by State Highway Department Engineer, W. O. Wright, on January 25, 1963 (Unit 2), and September 26, 1963 (Unit 1); and, also, such other and additional lands and tenements as may, at any time [heretofore or] hereafter, be embraced or included within established limits of said city [as hereinafter provided.] pursuant to law. Such city shall have such powers, rights, authority, duties, privileges, and obligations as are hereinafter set out and prescribed.
Sec. 3. Section 6 of Article III of the charter of the City of Henderson, being chapter of the Statutes of Nevada 1965 derived from Assembly Bill No. 574 is hereby amended to read as follows:
Section 6. Boundaries.
[1.] The boundaries of the city shall include all the inhabitants, lands, tenements and property embraced within the following-described property within Clark County, Nevada:
[(a)] 1. Beginning at the northeast corner of section 4, T. 22 S., R. 63 E., M.D.B. & M., thence S. 0°09ˊ W., 5,516.28 feet to the northeast corner of section 9, T. 22 S., R. 63 E.; thence S. 0°09ˊ W., 5,280.00 feet to the northeast corner of section 16, T. 22 S., R. 63 E.; thence S. 0°09ˊ W., 5,280.00 feet to the northeast corner of section 21, T. 22 S., R. 63 E., thence S. 0°09ˊ W., 5,280.00 feet to the northeast corner of section 28, T. 22 S., R. 63 E.; thence S. 0°09′ W., 5,280.00 feet to the northeast corner of section 33, T.
κ1965 Statutes of Nevada, Page 1299 (CHAPTER 487, AB 642)κ
northeast corner of section 33, T. 22 S., R. 63 E.; thence S. 0°09ˊ W., 5,280.00 feet to the southeast corner of section 33; thence S., 89°49ˊ W., 5,280.00 feet to the southeast corner of section 32, T. 22 S., R. 63 E.; thence S., 89°49ˊ W., 5,280.00 feet to the southeast corner of section 31, T. 22 S., R. 63 E.; thence S., 89°49ˊ W., 5,214.00 feet to the southwest corner of section 31, T. 22 S., R. 63 E.; thence N. 0°21ˊ E., 5,320.26 feet to the southwest corner of section 30, T. 22 S., R. 63 E.; thence N. 0°21′ E., 5,320.26 feet to the southeast corner of section 24, T. 22 S., R. 62 E., M.D.B. & M.; thence N., 89°30ˊ W., 5,278.68 feet to the southeast corner of section 23, T. 22 S., R. 62 E.; thence S. 89°41ˊ W., 5,247.00 feet to the southeast corner of section 22, T. 22 S., R. 62 E.; thence S., 89°58ˊ W., 5,254.26 feet to the southeast corner of section 21, T. 22 S., R. 62 E.; thence S. 89°40ˊ W., 5,280.66 feet to the southwest corner of section 21, T. 22 S., R. 62 E.; thence N. 0°50′ E., 5,238.42 feet to the northwest corner of section 21, T. 22 S., R. 62 E.; thence N. 89°21′ E., 5,250.30 feet to the northwest corner of section 22, T. 22 S., R. 62 E.; thence N. 89°40ˊ E., 5,243.04 feet to the northwest corner of section 23, T. 22 S., R. 62 E.; thence N., 89°23ˊ E., 5,252.94 feet to the northwest corner of section 24, T. 22 S., R. 62 E.; thence S. 89°32ˊ40ʺ E., 2,627.46 feet to the south quarter section corner of section 13, T. 22 S., R. 62 E.; thence N., 0°05ˊ03ʺ E., and along the west line of the southeast quarter of section 13, T. 22 S., R. 62 E., 2,880.74 feet to a point on the north right-of-way line of Nevada State Highway Route 41 (also known as Lake Mead Drive), thence N. 81°08ˊ23ʺ E. and along the right-of-way line, 4,507.06 feet to a point; thence N. 8°51ˊ37ʺ W., 2,871.92 feet to a point on the southwesterly right-of-way line of U.S. Highway Nos. 93, 95, 466; thence N. 42°23ˊ28ʺ W. and along the southwesterly right-of-way line, 1,993.26 feet to an angle point; thence N. 0°34ˊ30ʺ E. and along such right-of-way line, 147.11 feet to an angle point; thence N. 42°23ˊ28ʺ W. along the southwesterly right-of-way line 1,649.01 feet to a point on the south line of the northeast quarter of the northeast quarter of section 12, T. 22 S., R. 62 E.; thence N. 89°03′38ʺ W., 1,491.60 feet to the southwest corner of the northwest quarter of the northeast quarter of section 12; thence N. 89°31ˊ45ʺ W., 1,269.30 feet to the southeast corner of the southwest quarter of the southwest quarter of section 1, T. 22 S., R. 62 E.; thence N., 0°47ˊ53ʺ W., 1,315.78 feet to the northeast corner of the southwest quarter of the southwest quarter of section 1, T. 22 S., R. 62 E.; thence N. 89°36ˊ55ʺ W., 1,280.10 feet to the northwest corner of the southwest quarter of the southwest quarter of section 1, T. 22 S., R. 62 E.; thence S. 1°16′15ʺ W., 1,314.14 feet to the southwest corner of section 1, T. 22 S., R. 62 E.; thence S. 89°19ˊ45ʺ W., 2,588.40 feet to the north quarter corner of section 11, T. 22 S., R. 62 E.; thence S. 89°22′15ʺ W., 2,581.00 feet to the northwest corner of section 11, T. 22 S., R. 62 E.; thence S. 89°14ˊ30ʺ W., 5,190.95 feet to the northwest corner of section 10, T. 22 S., R. 62 E.; thence N. 89°56ˊ W., 5,283.96 feet to the southwest corner of section 4, T. 22 S., R. 62 E.; thence S. 0°01ˊ W., 2,662.44 feet to the east quarter section corner of section 8, T. 22 S., R. 62 E.; thence N. 88°41ˊ W.,
κ1965 Statutes of Nevada, Page 1300 (CHAPTER 487, AB 642)κ
1,354.08 feet to the northwest corner of the northeast quarter of the southeast quarter of section 8; thence S. 0°23ˊ E., 1,344.05 feet to the southeast corner of the northwest quarter of the southeast quarter of section 8; thence N. 88°24ˊ W., 4,042.54 feet to the southeast corner of the northeast quarter of the southeast quarter of section 7, T. 22 S., R. 62 E.; thence N. 88°11ˊ W., 5,312.18 feet to the southeast corner of the northeast quarter of the southeast quarter of section 12, T. 22 S., R. 61 E., M.D.B. & M.; thence S. 89°56ˊ W., 5,251.43 feet to the southwest corner of the northwest quarter of the southwest quarter of section 12; thence N. 1°53ˊ E., 1,346.40 feet to the west quarter section corner of section 12; thence S. 89°57ˊ E., 5,206.41 feet to the east quarter section corner of section 12; thence N. 0°22ˊ W., 2,670.00 feet to the southwest corner of section 6, T. 22 S., R. 62 E., M.D.B. & M.; thence N. 1°38ˊ W., 1,324.62 feet to the northwest corner of the southwest quarter of the southwest quarter of section 6; thence S. 87°27ˊ E., 1,310.35 feet to the southeast corner of the northwest quarter of the southwest quarter of section 6; thence N. 1°04ˊ W., 1,323.55 feet to the northwest corner of the northeast quarter of the southwest quarter of section 6; thence S. 87°23ˊ E., 1,346.07 feet to the center of section 6; thence N. 1°08ˊ W., 1,322.31 feet to the northeast corner of the southeast quarter of the northwest quarter of section 6; thence S. 87°19ˊ E., 1,372.64 feet to the southwest corner of the northeast quarter of the northeast quarter of section 6; thence N. 0°04ˊ E., 1,304.32 feet to the northwest corner of the northeast quarter of the northeast quarter of section 6; thence S. 87°15ˊ E., 1,393.26 feet to the northwest corner of section 5, T. 22 S., R. 62 E.; thence N. 89°39ˊ E., 2,671.68 feet to the north quarter section corner of section 5; thence S. 89°57ˊ E., 2,703.36 feet to the northwest corner section 4, T. 22 S., R. 62 E.; thence N. 89°42ˊ E., 2,670.36 feet to the north quarter section corner of section 4, thence N. 0°06ˊ W., 1,347.23 feet to the northwest corner of the southwest quarter of the southeast quarter of section 33, T. 21 S., R. 62 E., M.D.B. & M.; thence S. 89°44ˊ E., 1,339.47 feet to the northeast corner of the southwest quarter of the southeast quarter of section 33; thence S. 0°01ˊ E., 1,358.86 feet to the northwest corner of the northeast quarter of the northeast quarter of section 4, T. 22 S., R. 62 E.; thence S. 89°42ˊ E., 1,348.05 feet to the southwest corner section 34, T. 21 S., R. 62 E., M.D.B. & M.; thence S. 89°50ˊ E., 2,714.58 feet to the north quarter corner of section 3, T. 22 S., R. 62 E.; thence N. 89°33ˊ E., 2,406.36 feet to the northwest corner of section 2, T. 22 S., R. 62 E.; thence N. 89°33ˊ E., 2,406.36 feet to the north quarter section corner of section 2; thence S. 89°58ˊ E., 2,603.04 feet to the northwest corner of section 1, T. 22 S., R. 62 E.; thence N. 89°58ˊ E., 5,376.36 feet to the northeast corner of section 1, thence S. 0°19ˊ W., 2,653.86 feet to the east quarter section corner of section 1, thence S. 0°43ˊ W., 2,777.94 feet to the northwest corner of section 7, T. 22 S., R. 63 E., M.D.B. & M.; thence S. 0°33ˊ W., 1,320.33 feet to the northwest corner of the southwest quarter of the northwest quarter of section 7, T. 22 S., R.
κ1965 Statutes of Nevada, Page 1301 (CHAPTER 487, AB 642)κ
63 E., M.D.B. & M.; thence N. 89°49ˊ E., 5,108.40 feet to the northwest corner of the southwest quarter of the northwest quarter of section 8, T. 22 S., R. 63 E.; thence N. 0°08ˊ E., 2,640.00 feet to the northwest corner of the southwest quarter of the southwest quarter of section 5, T. 22 S., R. 63 E.; thence N. 89°55ˊ E., 3,249.36 feet to a point on the westerly right-of-way line of Nevada State Highway No. 41 (also known as Lake Mead Drive), thence N. 28°50ˊ E., along such right-of-way line a distance of 1,484.51 feet to a point; thence N. 0°08′ E., 22.14 feet to the northwest corner of the northeast quarter of the southeast quarter of section 5; thence N. 0°08′ E., 2,717.22 feet to the northwest corner of the northeast quarter of the northeast quarter of section 5; thence East, 1,321.65 feet to the northwest corner of section 4, T. 22 S., R. 63 E.; thence N. 89°42ˊ E., 2,636.70 feet to the north quarter section corner of section 4; thence N. 88°07ˊ E., 2,639.12 feet to the point of beginning.
[(b)] 2. The S 1/2 and the NW 1/4, all in section 33, T. 21 S., R. 63 E., M.D.B. & M., heretofore annexed to the city and particularly described in Ordinance No. 356 of the city of Henderson, enacted on February 1. 1965.
[2. Prior to the effective da of this charter, certain territories were annexed or were attempted to be annexed to the city of Henderson pursuant to the provisions of NRS 266.090, by the enactment of Ordinances Nos. 336 and 350, enacted on March 16, 1964, and January 28, 1965, respectively. Such annexations and procedures of annexation are now the subjects of judicial proceedings commenced in the Eighth Judicial District Court of the State of Nevada, in and for the County of Clark. If a final judgment is entered in such judicial proceedings to the effect that such annexation or annexations were valid, then the territory or territories described in Ordinances Nos. 336 and 350 shall be a part of the city under this charter; otherwise such territory or territories shall not constitute a part of the city until subsequent annexation is effected pursuant to the provisions of section 8.]
3. All of sections 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33, all in T. 22 S., R. 63 E., M.D.B. & M.
4. All of sections 25, 35 and 36 in T. 22 S., R. 61 E., M.D.B. & M.
5. All of sections 1, 2 and 3 in T. 23 S., R. 61 E., M.D.B. & M.
Sec. 4. Sections 265 of Article XXV of the charter of the City of Henderson, being a chapter of the Statutes of Nevada 1965 derived from Assembly Bill No. 574 is hereby amended to read as follows:
Section 265. Effective date.
[1. This] 1. Except as otherwise provided in subsection 2:
(a) This charter shall become effective upon its passage and approval only for the purposes of conducting the elections of a mayor and one councilman pursuant to the provisions of subsection 6 of section 262 of this charter. The mayor, council and city officers in office prior to such elections shall perform, and it is their mandatory duty to perform, all acts required for the proper conduct of the primary and general municipal elections to be held in the city on May 4 and June 8, 1965, respectively.
κ1965 Statutes of Nevada, Page 1302 (CHAPTER 487, AB 642)κ
[2.] (b) For all other purposes, this charter shall become effective on the day of the first regular meeting of the council next succeeding that in which the canvass of returns of the general municipal election to be held June 8, 1965, is made pursuant to law.
2. Section 6 of this charter shall become effective upon passage and approval of the charter.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 643Committee on Ways and Means
CHAPTER 488
AN ACT authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1965, and ending June 30, 1966, and beginning July 1, 1966, and ending June 30, 1967; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Expenditure of the following sums not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1965, and ending June 30, 1966, and beginning July 1, 1966, and ending June 30, 1967, by the various officers, departments, boards, agencies, commissions and institutions of the state government hereinafter mentioned:
Fiscal Year Fiscal Year
1965-1966 1966-1967
Attorney general............................................................ $78,634 $78,634
Department of administration
Personnel division................................................... 202,299 214,629
Purchasing division................................................ 143,427 161,373
Surplus property section................................. 49,472....................................................................... 52,474
Buildings and grounds division............................ 12,600 12,600
Central telephone service....................................... 271,819 272,244
Central mail service................................................. 48,000 48,000
Motor pool............................................................... 174,777 175,837
Marlette Lake water system................................... 44,600 46,800
Superintendent of state printing and state printing office 515,788 563,806
State department of education
Administration......................................................... 62,000 62,525
Federal subvention programs................................ 59,942 59,936
National Defense Education Act.......................... 125,437 125,437
Vocational education.............................................. 474,277 526,753
Vocational rehabilitation........................................ 162,588 213,675
κ1965 Statutes of Nevada, Page 1303 (CHAPTER 488, AB 643)κ
Fiscal Year Fiscal Year
1965-1966 1966-1967
Vocational rehabilitation-special maintenance... $249,650 $239,562
O.A.S.I. disability determinations......................... 64,525 76,448
State distributive school fund............................... 310,000 300,000
Graduate fellowships, mentally retarded education 25,000 35,000
Indian education scholarships.............................. 4,000 4,000
Fleischmann scholarships...................................... 109,409 116,145
Small school study.................................................. 48,158 47,162
Area redevelopment................................................ 40,000 40,000
Manpower development and training.................. 433,120 325,179
Vocational education-basic adult education....... 50,000 50,000
State library..................................................................... 140,454 139,254
Library construction............................................... 120,455 120,455
District judges travel.................................................... 150 150
University of Nevada, general university fund......... 2,297,311 2,199,900
Department of health and welfare
Welfare division
Old-age assistance and medical assistance for the aged.............................................................. ................................................................. 2,818,023................................................................. 3,376,130
Aid to the blind................................................. 95,880....................................................................... 95,880
Aid to dependent children............................... 1,303,800....................................................................... 1,382,028
Child welfare services....................................... 130,800....................................................................... 146,860
Foster home care of Indian children............... 70,560....................................................................... 84,000
Public assistance and child welfare administration ....................................................................... 699,215....................................................................... 737,746
Case services concerning sight...................... 16,267....................................................................... 16,267
Services to blind administration..................... 35,067....................................................................... 36,505
Health division
Preventative medical services......................... 186,500....................................................................... 186,500
Environmental health........................................ 56,000....................................................................... 56,000
Crippled childrens services............................ 234,800....................................................................... 234,800
Chronic illnesses and aging............................ 60,817....................................................................... 61,728
Dental health...................................................... 37,400....................................................................... 37,400
Hospital services............................................... 700 700
Venereal disease control.................................. 22,075....................................................................... 22,308
Special children clinics..................................... 72,000....................................................................... 72,000
Mental hygiene division
Mental health services..................................... 62,500....................................................................... 62,500
Nevada state hospital....................................... 25,000....................................................................... 25,000
Nevada youth training center division................ 12,000 12,000
Nevada girls training center division................... 12,000 12,000
κ1965 Statutes of Nevada, Page 1304 (CHAPTER 488, AB 643)κ
Fiscal Year Fiscal Year
1965-1966 1966-1967
Nevada state prison....................................................... $10,000 $10,000
Adjutant general and the Nevada National Guard 63,400 63,400
Department of civil defense and disaster assistance 23,038 23,641
Public service commission of Nevada.................. 172,166 182,561
State department of conservation and natural resources
Division of forestry........................................... 219,509....................................................................... 227,143
Forest pest control..................................... 5,000................................................................. 5,000
Humboldt River water investigation.............. 2,500....................................................................... 2,500
Division of oil and gas conservation............. 500 500
Division of state parks..................................... 40,000....................................................................... 40,000
State park planning........................................... 42,750....................................................................... 42,750
State department of agriculture
Division of plant industry...................................... 32,615 32,750
Insect pest and noxious weed control........... 3,000....................................................................... 3,000
Agricultural registration and enforcement.... ...................................................................... 33,924...................................................................... 26,503
Livestock disease control................................ 100....................................................................... 100
Apiary inspection............................................. 7,679....................................................................... 7,328
Livestock inspection........................................ .................................................................... 131,873.................................................................... 131,693
Colorado River commission................................... 161,568 165,175
State board of fish and game commissioners...... 1,691,460 1,636,003
Department of highways...................................... 57,857,500 63,232,724
Employment security department......................... 3,235,053 3,653,105
Public employees retirement board..................... 91,468 90,026
State board of architecture..................................... 14,115 13,340
Nevada athletic commission.................................. 18,399 17,964
State barbers health and sanitation board......... 11,450 11,550
State board of examiners in the basic sciences... 5,200 5,500
Nevada state dairy commission............................ 141,642 144,763
Board of dispensing opticians.............................. 445 455
Hoisting engineers examining board.................... 2,200 2,200
Board of medical examiners of the State of Nevada 20,885 20,885
State board of nursing............................................ 17,800 19,000
State board of physical therapy examiners.......... 500 500
Nevada detective licensing board........................ 5,013 5,013
Nevada racing commission.................................... 46,520 46,520
State board of sheep commissioners.................... 16,000 16,000
κ1965 Statutes of Nevada, Page 1305 (CHAPTER 488, AB 643)κ
Fiscal Year Fiscal Year
1965-1966 1966-1967
State woolgrowers predatory animal committee $64,343 $64,391
Nevada state board of public accountants......... 8,225 8,200
State board of chiropody....................................... 232 232
Nevada state board of chiropractic examiners.... 7,680 7,680
State contractors board......................................... 151,000 156,000
State board of cosmetology................................... 27,580 29,000
Board of dental examiners of Nevada................... 13,780 13,825
State board of funeral directors and embalmers. 2,600 2,870
Nevada liquefied petroleum gas board................ 15,200 15,200
Nevada state board of examiners in optometry.. 1,781 2,058
State board of pharmacy........................................ 34,200 34,450
State board of registered professional engineers 27,600............................................................ 34,300
State board of veterinary medical examiners....... 2,352 2,352
State board of osteopathy..................................... 500 500
Board of psychological examiners........................ 500 500
Sec. 2. 1. Expenditure of $845,407 by the Nevada gaming commission and the state gaming control board from the general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1965, and ending June 30, 1966.
2. Expenditure of $852,368 by the Nevada gaming commission and the state gaming control board from the general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1966, and ending June 30, 1967.
Sec. 3. The funds authorized to be expended by the provisions of sections 1 and 2 shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amount authorized in sections 1 and 2 for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, from any appropriation made by the legislature, or from any other source which he determines has not been taken into consideration by this act, or is in excess of the amount so taken into consideration. The chief of the budget division of the department of administration may also, with the approval of the governor, reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in sections 1 and 2.
κ1965 Statutes of Nevada, Page 1306 (CHAPTER 488, AB 643)κ
of the department of administration may also, with the approval of the governor, reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in sections 1 and 2.
Sec. 5. Where the operations of an office, department, board, agency, commission or institution or a program is financed by an appropriation or appropriations from the general fund as well as by funds received from other sources, the portion provided by appropriation from the general fund shall be decreased to the extent that the receipt of the funds from other sources approved by this act are exceeded, provided that:
1. Such decrease shall not jeopardize the receipt of such funds to be received from other sources; and
2. This section shall not apply to any fund if such excess receipts are to be expended for a purpose or purposes approved by the governor or the chief of the budget division of the department of administration if such authority is so delegated by the governor.
Sec. 6. 1. In addition to the amount authorized for the University of Nevada in section 1, expenditure of $525,859 for the University of Nevada experiment station and $306,321 for the University of Nevada extension division from federal and county subventions and sales and not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1965, and ending June 30, 1966.
2. In addition to the amount authorized for the University of Nevada in section 1, expenditure of $533,126 for the University of Nevada experiment station and $303,876 for the University of Nevada extension division from federal and county subventions and sales and not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1966, and ending June 30, 1967.
3. The funds authorized to be expended in subsections 1 and 2 of this section shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive. The chief of the budget division of the department of administration may authorize augmentation of the amounts authorized for expenditure by subsections 1 and 2 of this section in the amount of any funds which he estimates will be received by the University of Nevada from federal and county subventions or sales but shall not reduce the amount so authorized.
Sec. 7. In addition to the expenditures authorized in section 1, the state department of education is hereby authorized to accept and direct the disbursement of any and all funds appropriated and apportioned to the State of Nevada or the school districts of the State of Nevada under the Elementary and Secondary Education Act of 1965, or any equivalent federal statute, during the fiscal years beginning July 1, 1965, and ending on June 30, 1966, and beginning July 1, 1966, and ending on June 30, 1967, and may make such applications and agreements and give such assurances to the Federal Government and conduct such programs as may be required as a condition precedent to receipt of funds under the Elementary and Secondary Education Act of 1965, or any equivalent federal statute.
κ1965 Statutes of Nevada, Page 1307 (CHAPTER 488, AB 643)κ
and conduct such programs as may be required as a condition precedent to receipt of funds under the Elementary and Secondary Education Act of 1965, or any equivalent federal statute.
Sec. 8. This act shall become effective on July 1, 1965.
________
Assembly Bill No. 644Committee on Ways and Means
CHAPTER 489
AN ACT making appropriations from the general fund, the state highway fund, the county gas fund and the fish and game fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1965, and ending June 30, 1966, and beginning July 1, 1966, and ending June 30, 1967; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following sums are hereby appropriated from the general fund in the state treasury, except when otherwise specified, for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1965, and ending June 30, 1966, and beginning July 1, 1966, and ending June 30, 1967.
Fiscal Year Fiscal Year
1965-1966 1966-1967
Sec. 2. The Office and Mansion of the Governor.
For the support of the office of the governor.................. $135,795 $143,146
For the support of the governors mansion..................... 14,846 15,346
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor...... 7,669 8,147
Sec. 4. The Office of Secretary of State.
The following sum is hereby appropriated for the support of the office of secretary of state......................................................... 136,016 133,631
The following sum is hereby appropriated for the support of the office of secretary of state for cost of reproduction to Nevada Reports pursuant to chapter 107, Statutes of Nevada, 1965............... 45,000
Sec. 5. The Office of Attorney General.
For the support of the office of attorney general............ 172,435 175,462
κ1965 Statutes of Nevada, Page 1308 (CHAPTER 489, AB 644)κ
Fiscal Year Fiscal Year
1965-1966 1966-1967
For the special fund of the attorney general.................... $10,000 $10,000
Sec. 6. Supreme Court of Nevada.
For the support of the supreme court of Nevada............ 144,225 143,683
Sec. 7. Judges Salaries and Pensions.
For the support of judges salaries and pensions........... 328,497 344,701
Sec. 8. District Judges Travel.
For the support of district judges travel.......................... 24,550 22,450
Sec. 9. The Office of State Controller.
For the support of the office of state controller.............. 100,364 102,600
Sec. 10. The Office of State Treasurer.
For the support of the office of state treasurer................ 56,266 63,188
Sec. 11. Department of Administration.
For the support of the department of administration, $1,214,553, to be work-programmed as follows:
Budget division.............................................................. 106,698 111,412
Buildings and grounds division.................................. 462,459 457,300
Central mail service........................................................ 16,626 17,154
Central data processing................................................ 17,652 25,252
Sec. 12. State Planning Board.
For the support of the state planning board.................... 136,348 136,335
For a preplanning fund of the state planning board....... 20,000
Sec. 13. Nevada Tax Commission.
The following sum is hereby appropriated from the general fund for the support of the Nevada tax commission...................... 694,739 720,575
The following sum is hereby appropriated from the county gas tax fund or the support of the motor vehicle fuel tax division of the Nevada tax commission............................................................. 12,000 12,000
The following sum is hereby appropriated from the state highway fund for the support of the motor vehicle fuel tax division of the Nevada tax commission............................................................. 42,000 42,000
Sec. 14. State Board of Finance and Fire Insurance Premiums.
For the support of the state board of finance and the payment of fire insurance premiums............................................................. 39,312 42,812
κ1965 Statutes of Nevada, Page 1309 (CHAPTER 489, AB 644)κ
Fiscal Year Fiscal Year
1965-1966 1966-1967
Sec. 15. Nevada Commissioner for Veteran Affairs.
For the support of the Nevada commissioner for veteran affairs. $47,704.................................................................................... $47,607
Sec. 16. Department of Economic Development.
For the support of the department of economic development 111,328.................................................................................... 112,160
Sec. 16.5. Indian Affairs Commission.
For the support of the Indian affairs commission........... 10,000 10,000
Sec. 17. Nevada Commission on Equal Rights of Citizens.
For the support of the Nevada commission on equal rights of citizens.......................................................................................... 18,565 18,386
Sec. 18. State Officers Bond Premiums.
For the payment of state officers bond premiums......... 3,750 3,750
Sec. 19. Legislative Counsel Bureau.
For the support of the legislative counsel bureau.......... 464,091 516,860
Sec. 20. State Department of Education.
The following sums are hereby appropriated for the support of:
Administration................................................................ 316,358 321,638
Vocational Education.................................................... 336,140 345,334
Vocational education-basic adult................................ 5,000 5,000
Vocational rehabilitation............................................... 94,382 100,274
State distributive school fund...................................... 28,291,948 31,127,754
Care of deaf, dumb and blind....................................... 95,075 105,000
Automobile driver education fund.............................. 85,000 100,000
Public school teachers retirement.............................. 1,973,282 2,232,331
Sec. 21. State Library.
For the support of the state library.................................... 197,985 198,493
Sec. 22. Nevada State Museum.
For the support of the Nevada state museum.................. 66,242 67,162
Sec. 23. Nevada Historical Society.
For the support of the Nevada historical society............ 41,300 51,496
Sec. 24. Lost City Museum.
The following sum is hereby appropriated to the buildings and grounds division of the department of administration for the support of the Lost City museum............................................................ 13,894 14,494
κ1965 Statutes of Nevada, Page 1310 (CHAPTER 489, AB 644)κ
Fiscal Year Fiscal Year
1965-1966 1966-1967
Sec. 25. University of Nevada.
For the support of the general operation of the University of Nevada......................................................................................... $6,988,920 $7,670,404
For the support of a laboratory school............................. 25,000 25,000
For the purchase of books.................................................. 100,000
For the purchase of dormitory furniture........................... 151,735
Sec. 26. Western Regional Higher Education Compact Fund.
For the support of the Western Regional Higher Education Compact fund.............................................................................. 68,752 91,138
Sec. 27. Department of Health and Welfare.
The following sums are hereby appropriated for the support of:
Office of the director...................................................... 29,403 28,637
Welfare division
Old-age assistance and medical assistance for the aged ............................................................................. 1,085,502............................................................................. 1,138,410
Aid to the blind........................................................ 143,820............................................................................. 143,820
Aid to dependent children..................................... 795,000............................................................................. 842,700
Child welfare services............................................. 433,028............................................................................. 482,875
Public assistance and child welfare administration ............................................................................. 595,698............................................................................. 628,742
Case services concerning sight............................ 61,903............................................................................. 61,903
Services to blind administration............................ 34,774............................................................................. 34,774
Childrens home division.............................................. 186,716............................................................................. 217,559
Health division
Preventative medical services............................... 149,033............................................................................. 155,646
Environmental health.............................................. 266,319............................................................................. 259,345
Crippled childrens services.................................. 150,054............................................................................. 159,889
Vital statistics........................................................... 36,545............................................................................. 36,649
Dental health............................................................ 66,932............................................................................. 66,182
Special children clinics........................................... 26,473............................................................................. 27,634
Hospital services..................................................... 28,680............................................................................. 28,712
Tuberculosis care.................................................... 324,305............................................................................. 325,760
Tuberculosis care-mobile unit............................... 28,241............................................................................. 28,964
Mental hygiene division
Mental health services and care........................... 320,699............................................................................. 328,577
Nevada state hospital............................................. 1,869,146............................................................................. 1,897,280
Alcoholism division....................................................... 29,039............................................................................. 28,989
Nevada girls training center division.......................... 596,807............................................................................. 614,151
Nevada youth training center division....................... 785,587............................................................................. 823,678
Sec. 28. Nevada State Prison.
For the support of the Nevada state prison..................... 1,310,682 1,334,951
For the purchase of equipment for the vocational building 35,000......................................................................................
Sec. 29. State Board of Pardons Commissioners.
κ1965 Statutes of Nevada, Page 1311 (CHAPTER 489, AB 644)κ
Fiscal Year Fiscal Year
1965-1966 1966-1967
For the support of the state board of pardons commissioners $2,012...................................................................................... $3,018
Sec. 30. State Board of Parole Commissioners.
For the support of the state board of parole commissioners 173,043.................................................................................... 179,329
Sec. 31. Adjutant General and the Nevada National Guard.
For the support of the adjutant general and the Nevada National Guard 119,775 111,115
Sec. 32. Department of Civil Defense and Disaster Assistance.
For the support of the department of civil defense and disaster assistance.................................................................................... 23,038 23,641
Sec. 33. The Office of Inspector of Mines.
For the support of the office of inspector of mines........ 51,183 54,673
Sec. 34. Public Service Commission of Nevada.
The following sum is hereby appropriated from the general fund for the support of the public service commission of Nevada 41,000...................................................................................... 41,000
The following sum is hereby appropriated from the state highway fund for the support of the public service commission of Nevada 75,420...................................................................................... 76,768
Sec. 35. Labor Commissioner.
For the support of the labor commissioner...................... 51,922 55,484
Sec. 36. Department of Commerce.
The following sums are hereby appropriated for the support of:
Office of the director...................................................... 21,857 21,997
Insurance division......................................................... 140,452 141,025
Banking division............................................................ 106,934 107,976
Savings and loan division............................................ 75,245 75,543
Real estate division........................................................ 104,421 105,086
State fire marshal............................................................ 20,200 20,010
Sec. 37. State Department of Conservation and Natural Resources.
For the support of the state department of conservation and natural resources, $1,676,867 to be work-programmed as follows:
Administration................................................................ 192,731 197,637
State committee on federal land laws.......................... 6,030 6,030
Division of water resources.......................................... 201,892 203,310
California-Nevada compact commission.................... 30,787 30,787
Division of forestry........................................................ 81,429 81,021
κ1965 Statutes of Nevada, Page 1312 (CHAPTER 489, AB 644)κ
Fiscal Year Fiscal Year
1965-1966 1966-1967
Forest insect pest control............................................. $5,000 $5,000
Forest fire suppression................................................. 30,000 30,000
Humboldt River water investigation........................... 6,853 6,853
Weather modification research.................................... 30,000 20,000
Division of state parks-operating................................ 173,724 167,783
Division of state parks-capital improvements, to be expended only as provided in section 49.............................. 85,000.................................................................................... 85,000
Sec. 38. State Department of Agriculture.
The following sums are hereby appropriated for the support of:
Division of plant industry............................................. 247,449 247,994
Insect pest and noxious weed control........................ 53,472 53,018
Livestock disease control............................................. 57,113 57,265
Animal disease laboratory............................................ 38,697 36,834
Sec. 39. State Predatory Animal and Rodent Committee.
The following sum is hereby appropriated from the general fund for the support of the state predatory animal and rodent committee 117,807.................................................................................... 119,113
The following sum is hereby appropriated from the fish and game fund for the support of the state predatory animal and rodent committee..................................................................................... 40,000 40,000
Sec. 40. Nevada Junior Livestock Show Board.
For support of the Nevada junior livestock show board................... 2,000........................................................................................ 2,000
Sec. 41. Advisory Mining Board.
For the support of the advisory mining board................. 800 800
Sec. 42. State Bureau of Mines.
For the support of the state bureau of mines................... 60,000 60,000
Sec. 43. Fort Mojave Valley Development Fund.
For the support of the Fort Mojave Valley development fund 7,500........................................................................................ 7,500
Sec. 44. State Board of Examiners Emergency Fund and Statutory Contingency Fund.
For the support of the state board of examiners emergency fund 61,989......................................................................................
For the support of the statutory contingency fund........ 780
κ1965 Statutes of Nevada, Page 1313 (CHAPTER 489, AB 644)κ
Fiscal Year Fiscal Year
1965-1966 1966-1967
Sec. 45. Consolidated Bond Interest and Redemption Fund.
For the support of the consolidated bond interest and redemption fund $1,061,335 $1,223.496
Sec. 46. Department of Motor Vehicles.
The following sum is hereby appropriated from the state highway fund for the support of the department of motor vehicles... 2,564,642 2,607,487
Sec. 47. State Soil Conservation Committee.
For the support of the state soil conservation committee 750 750
Sec. 48. 1. Except as provided in subsection 3, the funds herein appropriated shall be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work-programmed quarterly for the two separate fiscal years, 1965-1966 and 1966-1967. Work programs may be revised with the approval of the governor upon recommendation of the chief of the budget division of the department of administration.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, the moneys appropriated by sections 6 and 19 of this act for the support of the supreme court of Nevada and the legislative counsel bureau shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 49. 1. Notwithstanding any other provisions of this act, the moneys appropriated by:
(a) Section 12 of this act to the preplanning fund of the state planning board;
(b) Section 20 of this act to the state distributive school fund and to public school teachers retirement; and
(c) Section 45 of this act to the consolidated bond interest and redemption fund,
shall be available for both fiscal years, 1965-1966 and 1966-1967, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
2. The moneys appropriated in section 37 to the division of state parks of the state department of conservation and natural resources for capital improvements shall be expended only at Genoa Fort Monument, Fort Churchill Monument, Cathedral Gorge State Park, Kershaw Canyon-Ryan State Park, Beaver Dam State Park, Boulder Dam-Valley of Fire State Park and Sand Harbor recreational facilities.
κ1965 Statutes of Nevada, Page 1314 (CHAPTER 489, AB 644)κ
Canyon-Ryan State Park, Beaver Dam State Park, Boulder Dam-Valley of Fire State Park and Sand Harbor recreational facilities.
Sec. 50. 1. After June 30, 1966, unexpended balances of the appropriations herein made shall not be encumbered or committed for expenditure and, except as otherwise provided in subsection 2 of this section, shall revert to the fund from which appropriated on September 1, 1966.
2. If, on September 1, 1966, any unexpended balance remains of the moneys appropriated to:
(a) The legislative counsel bureau by section 19 of this act, such unexpended balance shall not revert to the general fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
(b) The welfare division of the department of health and welfare by section 27 of this act and allocated to the aid to the blind medical and remedial care fund, such unexpended balance shall not revert to the general fund but shall continue as part of the aid to the blind medical and remedial care fund and the old-age assistance medical and remedial care fund as provided by subsection 2 of NRS 426.115 and subsection 2 of NRS 427.155.
(c) The Western Regional Higher Education Compact fund by section 26 of this act, such unexpended balance shall not revert to the general fund but shall continue as part of the Western Regional Higher Education Compact fund pursuant to statute.
(d) The secretary of state by section 4 of this act for the cost of reproduction of Nevada Reports pursuant to chapter 107, Statutes of Nevada 1965, such unexpended balance shall not revert to the general fund but may be expended during the fiscal year commencing July 1, 1966, and ending June 30, 1967, for the purposes specified in chapter 107, Statutes of Nevada 1965. Any unexpended balance remaining on June 30, 1967, shall revert to the general fund.
(e) The Nevada state prison by section 28 of this act for the purchase of equipment for the vocational building, such unexpended balance shall not revert to the general fund but may be expended during the fiscal year commencing July 1, 1966, and ending June 30, 1967, for the purchase of equipment for the vocational building. Any unexpended balance remaining on June 30, 1967, shall revert to the general fund.
Sec. 51. 1. After June 30, 1967, unexpended balances of the appropriations herein made shall not be encumbered or committed for expenditure and, except as otherwise provided in subsection 2 of this section, shall revert to the fund from which appropriated on September 1, 1967.
2. If on September 1, 1967, any unexpended balance remains of the moneys appropriated to:
(a) The legislative counsel bureau by section 19 of this act, such unexpended balance shall not revert to the general fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
(b) The welfare division of the department of health and welfare by section 27 of this act and allocated to the aid to the blind medical and remedial care fund and to the old-age assistance medical and remedial care fund, such unexpended balance shall not revert to the general fund but shall continue as a part of the aid for the blind medical and remedial care fund and the old-age assistance medical and remedial care fund as provided in subsection 2 of NRS 426.115 and subsection 2 of NRS 427.155.
κ1965 Statutes of Nevada, Page 1315 (CHAPTER 489, AB 644)κ
and remedial care fund and to the old-age assistance medical and remedial care fund, such unexpended balance shall not revert to the general fund but shall continue as a part of the aid for the blind medical and remedial care fund and the old-age assistance medical and remedial care fund as provided in subsection 2 of NRS 426.115 and subsection 2 of NRS 427.155.
(c) The Western Regional Higher Education Compact fund by section 26 of this act, such unexpended balance shall not revert to the general fund but shall continue as part of the Western Regional Higher Education Compact fund pursuant to statute.
Sec. 52. This act shall become effective on July 1, 1965.
________
Assembly Bill No. 646Committee on State, County and City Affairs
CHAPTER 490
AN ACT to amend an act entitled An Act to reorganize and reincorporate the City of Henderson, a municipal corporation, in Clark County, Nevada; providing definitions of words and terms and for such reorganization and reincorporation; defining the boundaries of the city and providing for wards and annexation of additional territory; granting general and specific powers to the city; providing for the offices of mayor, councilmen, city manager, city clerk, city treasurer, city auditor, city assessor, city attorney and police judge, and specifying the powers, duties and compensation of such officers; creating departments and other officers within the municipal government and defining their powers and duties; providing for revenue, finances, municipal bonds and franchises, local improvements, elections, a civil service system; providing general and transitional provisions and for the imposition of fines and penalties; repealing certain acts; and providing other matters properly relating thereto, approved March 30, 1965.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 262 of Article XXIV of the above-entitled act, being chapter 240, Statutes of Nevada 1965, is hereby amended to read as follows:
Section 262. Creation of wards for 1965 elections; continuation of certain officers. Notwithstanding any other provisions of this charter or any other law:
1. For the purposes of conducting the primary and general municipal elections in the city on May 4 and June 8, 1965, respectively, the following wards are hereby created:
(a) Ward 1 is composed of the election precincts numbered 2, 4, 7, 8, 15 and 20 within the city and as established by the county clerk of Clark County, Nevada, pursuant to law.
(b) Ward 2 is composed of the election precincts numbered 1, 3, 5, 6, 9 and 17 within the city and established by the county clerk of Clark County, Nevada, pursuant to law.
κ1965 Statutes of Nevada, Page 1316 (CHAPTER 490, AB 646)κ
(c) Ward 3 is composed of the election precincts numbered 12, 14, 16, 19 and 21 within the city and as established by the county clerk of Clark County, Nevada, pursuant to law.
(d) Ward 4 is composed of the election precincts numbered 10, 11, 13, and 18 within the city and as established by the county clerk of Clark County, Nevada, and election precinct numbered 22 within the city if established by the county clerk of Clark County, Nevada, pursuant to law.
2. The councilman who was elected at the general municipal election held June 4, 1963, to represent the then Ward 1 of the city shall continue in office as councilman representing Ward 1 as defined in subsection 1, until the election of his successor at the general municipal election to be held on the 1st Tuesday after the 1st Monday of June 1967, and such successors qualification.
3. The councilman who was elected at the general municipal election held June 4, 1963, to represent the then Ward 3 of the city shall continue in office as a councilman representing Ward 2 as defined in subsection 1, until the election of his successor at the general municipal election to be held on the 1st Tuesday after the 1st Monday of June 1967, and such successors qualification.
4. The councilman who was elected at the general municipal election held June 4, 1963, to represent the then Ward 5 of the city shall continue in office as councilman representing Ward 4 as defined in subsection 1, until the election of his successor at the general municipal election to be held on the 1st Tuesday after the 1st Monday of June 1967, and such successors qualification.
5. The police judge who was elected at the general municipal election held June 4, 1963, shall continue in office until the election of his successor at the general municipal election to be held on the 1st Tuesday after the 1st Monday of June, 1967, and such successors qualification.
6. At the general municipal election to be held June [4,] 8, 1965, the registered voters of the city shall elect a mayor and one councilman to represent Ward 3 as defined in subsection 1, each for a term of 4 years pursuant to the provisions of sections 12 and 14 of this charter. Candidates for such offices shall possess the requisite qualifications specified in this charter.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1317κ
Assembly Bill No. 94Miss Herr
CHAPTER 491
AN ACT to amend NRS section 218.060, relating to Clark County assembly districts, by redefining the boundaries of assembly district No. 5 in Clark County; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.060 is hereby amended to read as follows:
218.060 1. Clark County is divided into five assembly districts as follows:
(a) All that portion of Clark County comprising the election precincts of Nelson township and Searchlight township as established by the county clerk of Clark County shall be known as assembly district No. 1, with one assemblyman to be elected at large therein.
(b) All that portion of Clark County comprising the election precincts of Bunkerville township, of Logandale township, of Mesquite township, of Moapa township and of Overton township as established by the county clerk of Clark County shall be known as assembly district No. 3, with one assemblyman to be elected at large therein.
(c) All that portion of Clark County comprising the election precincts of Henderson township as established by the county clerk of Clark County shall be known as assembly district No. 4, with one assemblyman to be elected at large therein.
(d) All that portion of Clark County comprising the [election precincts of North Las Vegas township as established by the county clerk of] city of North Las Vegas in Clark County shall be known as assembly district No. 5, with one assemblyman to be elected at large therein.
(e) All the remaining portion of Clark County shall be known as assembly district No. 2, with eight assemblymen to be elected at large therein.
2. Assemblymen shall be elected at large from within the district wherein they reside by the qualified electors residing in that district.
Sec. 2. This act shall become effective on January 1, 1966, only for the purpose of electing the members of the assembly at the general election in 1966. For all other purposes, this act shall become effective on the day next after the election of members of the assembly at the general election in 1966.
________
κ1965 Statutes of Nevada, Page 1318κ
Assembly Bill No. 114Committee on Banking, Insurance and Corporations
CHAPTER 492
AN ACT to amend chapter 686 of NRS, relating to general provisions governing insurance, by adding a new section creating the insurance examination fund and providing for its sources; to amend NRS section 686.020, relating to fees and charges for insurance companies and agents, by providing an enumeration of the organizations that shall pay expenses incurred in the examination of their conditions and affairs; making an appropriation to the insurance examination fund; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 686 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There is hereby created in the state treasury the insurance examination fund for the use of the insurance division. All moneys collected by the commissioner pursuant to the provisions of subsection 3 of NRS 686.020 shall be deposited in the insurance examination fund.
2. Moneys for travel, per diem, compensation and other necessary and authorized expenses incurred by an examiner, actuary, deputy or other insurance division representative, as agreed upon by the National Association of Insurance Commissioners and outlined in their examination manual, in any examination conducted pursuant to the provisions of NRS 686.191 to 686.199, inclusive, shall be paid out of the insurance examination fund on claims as other claims against the state are paid, upon approval by the commissioner.
Sec. 2. NRS 686.020 is hereby amended to read as follows:
686.020 1. The commissioner shall charge, collect and give proper acquittances for the payment of the following fees and charges:
For filing each power of attorney....................................................................... $5.00
For an annual license to each class 1 company to transact business throughout this state........................................................................................................ 100.00
For an annual license to each class 2 company to transact business throughout this state........................................................................................................ 100.00
For an annual license to each class 3 insurance company to transact business throughout this state................................................................................... 100.00
For an annual license to each class 4 company to transact business throughout this state........................................................................................................ 100.00
For an annual license to each company to write two or more classes of business throughout this state................................................................................... 200.00
For an annual license to each underwriters agency, for each company represented in such agency.......................................................................... 25.00
For filing an annual company statement........................................................... 10.00
For issuing a resident agents license................................................................. 2.00
For issuing a solicitors license............................................................................ 2.00
For issuing a managing general agents license................................................ 5.00
For issuing a service representatives license.................................................... 5.00
κ1965 Statutes of Nevada, Page 1319 (CHAPTER 492, AB 114)κ
For issuing a nonresident brokers license..................................................... $50.00
An applicant for a nonresident brokers license residing within a 50-mile radius of the boundary of the State of Nevada, whose normal operations would include the transaction of insurance on both sides of that boundary, and whose state of domicile has a like reciprocal agreement for residents of this state, shall pay the resident fee of $25.
For issuing any other certificate required or permissible under the law 1.00
For issuing a nonresident agents license........................................................ 10.00
An applicant for a nonresident agents license residing within a 50-mile radius of the boundary of the State of Nevada, whose normal operations would include the transaction of insurance on both sides of that boundary, and whose state of domicile has a like reciprocal agreement for residents of this state, shall pay the resident fee of $2.
For issuing a brokers license............................................................................. 25.00
For issuing a license to a domestic insurance companys securities salesman 10.00
For each copy of the insurance laws................................................................... 2.50
For issuing a vending machine license, per machine per year....................... 20.00
2. Notwithstanding the provisions of any general or special law, the possession of a license, under the provisions of this Title, shall be authorization to transact such business as shall be indicated in such license and shall be in lieu of all licenses, whether for regulation or revenue, required to solicit insurance business within the State of Nevada, except that each city, town or county may require a license for revenue purposes only for any insurance agent whose principal place of business is located within the city or town or within the county outside the cities and towns of the county, respectively.
3. The amount of the expense incurred in the examination of the conditions and affairs of any [company shall be paid by the company. No such charge shall be made except for necessary traveling and hotel expense and compensation of the examiner, commissioner or other department representative.] insurer, burial society, rating organization, advisory organization, motor club, nonprofit corporation or fraternal benefit society shall be paid to the commissioner by the organization or person examined. No such charge shall be made except for necessary travel and hotel expense and compensation of the examiner, commissioner or other division representative, together with such incidental expenses as may necessarily be incurred.
4. At the time of any service of process on the commissioner, as attorney for such service, the commissioner shall charge and collect the sum of $2, which may be recovered as taxable costs by the party to the suit or action causing such service to be made if he prevails in such suit or action.
κ1965 Statutes of Nevada, Page 1320 (CHAPTER 492, AB 114)κ
to the suit or action causing such service to be made if he prevails in such suit or action.
Sec. 3. There is hereby appropriated from the general fund in the state treasury to the insurance examination fund the sum of $25,000.
Sec. 4. This act shall become effective January 1, 1966.
________
Assembly Bill No. 141Committee on Social Welfare
CHAPTER 493
AN ACT to amend chapter 127 of NRS and NRS sections 127.110, 127.240 and 127.280, relating to adoption of children and adoption procedures, by adding a new section validating adoption orders and decrees entered by courts where there has not been full compliance with certain statutes; by requiring the petition for adoption to allege compliance with certain statutes before entry of an adoption decree may be had; including agents, servants, physicians and attorneys of parents or guardians within the class of persons required to be licensed to place children for adoption; by changing the procedure required for placing of children in homes of prospective adopting parents; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 127 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any order or decree of adoption entered after July 1, 1963, and before July 1, 1965, by a court of competent jurisdiction where there has not been a complete compliance with NRS 127.220 to 127.310, inclusive, is hereby declared valid.
Sec. 2. NRS 127.110 is hereby amended to read as follows:
127.110 1. A petition for adoption may be filed at any time after the child has lived in the home of petitioners for a period of 30 days.
2. The petition for adoption shall state, in substance, the following:
(a) The full name and age of the petitioners and the period of time the petitioners have resided in the State of Nevada prior to the filing of the petition.
(b) The age of the child sought to be adopted and the period of time that the child has lived in the home of petitioners prior to the filing of the petition.
(c) That it is the desire of the petitioners that the relationship of parent and child be established between them and such child.
(d) Their desire that the name of the child be changed, together with the new name desired.
(e) That the petitioners are fit and proper persons to have the care and custody of the child.
(f) That they are financially able to provide for the child.
(g) That there has been a full compliance with the law in regard to consent to adoption.
κ1965 Statutes of Nevada, Page 1321 (CHAPTER 493, AB 141)κ
(h) That there has been a full compliance with NRS 127.220 to 127.310, inclusive.
3. No order of adoption shall be entered unless the provisions of NRS 127.220 to 127.310, inclusive, have been fully complied with.
Sec. 3. NRS 127.240 is hereby amended to read as follows:
127.240 1. No person other than the parent or guardian of a child may place, arrange the placement of, or assist in placing or arranging the placement of, any child for adoption or permanent free care without securing and having in full force a license to operate a child-placing agency issued by the welfare division of the department of health and welfare. This subsection applies to agents, servants, physicians and attorneys of parents or guardians, as well as other persons.
2. Nothing in this section shall be construed to prohibit the welfare division of the department of health and welfare from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adopton or permanent free care.
Sec. 4. NRS 127.280 is hereby amended to read as follows:
127.280 [1. As early as practicable before the placement of a child in the home of his prospective adopting parents for the 30-day residence in such home required by NRS 127.110 prior to the filing of a petition for adoption, notification of such placement shall be given to the welfare division of the department of health and welfare by:
(a) Any person proposing to make the placement; and
(b) The prospective adopting parents of the child.
2. If such placement is to be made by a licensed child-placing agency, the division shall retain such notification for informational purposes only. If such placement is to be made by any other person, the division shall, as soon as practicable, conduct an investigation of the medical, mental, financial and moral background of the prospective adopting parents to determine the suitability of the proposed placement. Such investigation shall also embrace any other relevant factor relating to the qualifications of the prospective adopting parents, but shall not be a substitute for the investigation conducted by the welfare division of the department of health and welfare on behalf of the court under NRS 127.120 when an application for adoption is pending.
3. If, in the opinion of the division, the proposed placement is detrimental to the interest of the child, the division shall file an application with the district court for an order prohibiting such placement. If the court determines that the placement should be prohibited, it may in its discretion order the return of the child to the care and control of his natural parents, but if the parental rights of such parents have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parents refuse to accept the child, then the court may order the placement of the child with the welfare division of the department of health and welfare or with any licensed child-placing agency for adoption.]
1. Except where a child and one of the prospective adopting parents are related within the third degree of consanguinity, no child shall be placed in the home of prospective adopting parents for the 30-day residence in such home required by NRS 127.110 prior to the filing of a petition for adoption unless the welfare division of the department of health and welfare, hereinafter in this section referred to as the welfare division, first receives written notice of the proposed placement from:
κ1965 Statutes of Nevada, Page 1322 (CHAPTER 493, AB 141)κ
of health and welfare, hereinafter in this section referred to as the welfare division, first receives written notice of the proposed placement from:
(a) The prospective adopting parents of the child; or
(b) The person recommending such placement; or
(c) A licensed child-placing agency,
and until the investigation required by the provisions of this section has been completed.
2. If such placement is to be made by a licensed child-placing agency, the welfare division shall make no investigation and shall retain the written notice for informational purposes only.
3. If such placement is recommended by a person other than a licensed child-placing agency, the welfare division shall, within 60 days after receipt of the written notice, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adopting parents to determine the suitability of the home for placement of the child for adoption. The investigation shall also embrace any other relevant factor relating to the qualifications of the prospective adopting parents, but shall not be a substitute for the investigation required to be conducted by the welfare division on behalf of the court under NRS 127.120 when a petition for adoption is pending.
4. Pending completion of the required investigation, the child shall be retained by the natural parent or parents or shall be relinquished to the welfare division and placed by the welfare division in a foster home licensed by it until a determination is made by the welfare division concerning the suitability of the prospective adopting parents.
5. Upon completion of the investigation, the welfare division shall forthwith inform the person recommending such placement and the prospective adopting parents of the welfare divisions decision to approve or deny placement. If, in the opinion of the welfare division, the prospective adoptive home is:
(a) Suitable, the child shall be relinquished to the welfare division, if not relinquished pursuant to the provisions of subsection 4, for placement and adoption in the home of the prospective adopting parents.
(b) Unsuitable or detrimental to the interest of the child, the welfare division shall file an application in the district court for an order prohibiting such placement. If the court determines that the placement should be prohibited, the court may in its discretion order the return of the child to the care and control of his natural parent or parents, but if the parental rights of such parent or parents have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent or parents do not wish to accept the child, then the court may order the placement of the child with the welfare division or with any licensed child-placing agency for adoption.
6. Whenever the welfare division believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and when the written notice required by subsection 1 has not been received, the welfare division shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adopting parents shall be allowed 6 months from the date of completion of the investigation to file a petition for adoption.
κ1965 Statutes of Nevada, Page 1323 (CHAPTER 493, AB 141)κ
the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within such time a foster home license shall thereafter be issued by the welfare division if the home meets established standards. If, in the opinion of the welfare division, the placement is detrimental to the interest of the child, the welfare division shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to the provisions of subsection 5.
________
Assembly Bill No. 234Mr. Swobe
CHAPTER 494
AN ACT to amend NRS sections 625.080, 625.090, 625.100, 625.110, 625.140, 625.160, 625.170, 625.220, 625.230, 625.240, 625.270, 625.280, 625.300, 625.325, 625.330, 625.390, 625.400, 625.410, 625.480 and 625.500, relating to registered professional engineers and land surveyors, by changing definitions; increasing the number of members of the state board of registered professional engineers and requiring them to be residents and citizens; allowing the adoption of a code of professional conduct; changing the date of the annual report and requiring the report to be submitted to the fiscal analyst of the legislative counsel bureau; changing the contents of the roster; increasing the application fee; allowing the use of a rubber stamp in place of a seal; requiring a professional engineer in residence in certain offices; increasing the education and experience requirements for land surveyors; increasing the length of examinations; allowing the board to require examinations of licensees from other states; prescribing the contents of applications; making the violation of any provision of the chapter a ground for revocation of registration; changing requirements for issuance of temporary permits for out-of-state engineers working in Nevada; extending exemption to the employees of all public utility companies and limiting the exemption applicable to architects; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 625.080 is hereby amended to read as follows:
625.080 As used in this chapter, responsible charge of work means the [independent] direct control and [direction, by use of initiative, skill and independent judgment, of the observations, measurements and descriptions involved in] personal supervision of professional engineering or land surveying work.
Sec. 2. NRS 625.090 is hereby amended to read as follows:
625.090 As used in this chapter, a subordinate is any person directly supervised by a registered land surveyor or professional engineer and who assists a registered land surveyor or professional engineer in the practice of land surveying [without assuming responsible charge of work.] or professional engineering.
Sec. 3. NRS 625.100 is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 1324 (CHAPTER 494, AB 234)κ
625.100 1. On or before June 1, 1935, the governor shall appoint five persons, all of whom shall be engaged in the practice or teaching of professional engineering in any of its branches except military engineering, and who shall be citizens of the United States and residents of the State of Nevada, who shall constitute the state board of registered professional engineers. The members of the first board to be appointed shall hold office, one for 1 year, one for 2 years, one for 3 years, and two for 4 years. On or after July 1, 1965, the governor shall appoint two additional members, one of whom shall hold office for 2 years and one for 3 years. Thereafter, each member shall be appointed for a term of [2] 4 years.
2. All appointments made [after the first year] shall be from the current roster of registered professional engineers and land surveyors as issued by the board and on file in the office of the secretary of state. Insofar as practicable, membership on the board shall be distributed proportionally among the recognized branches of the profession with at least one member being also registered as a land surveyor.
3. Within 30 days after his appointment, a member shall take and subscribe to the oath of office as prescribed by the laws of Nevada and shall file the same with the secretary of state.
4. Any vacancy occurring from any cause shall be filled by the governor for the unexpired term.
Sec. 4. NRS 625.110 is hereby amended to read as follows:
625.110 1. The board shall elect one of its members as chairman and one of its members as secretary. The chairman and secretary shall each serve 2 years.
2. At any meeting, [three] four members shall constitute a quorum.
3. Each member shall receive:
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
4. Any state employee who may be appointed to serve on the board shall receive compensation as herein provided for such service in addition to any other salary or compensation he receives from the state for other services.
Sec. 5. NRS 625.140 is hereby amended to read as follows:
625.140 The board shall have the power to make all bylaws and rules, including the adoption and promulgation of a code of conduct which shall be binding upon persons registered under this chapter, not inconsistent with the constitution and laws of this state, which may be reasonably necessary for the proper performance of the duties of the board, [and] the regulation of the proceedings before it [.] and the maintenance of a high standard of integrity and dignity in the profession. The initial code of conduct shall be submitted for ratification to all persons registered under this chapter, and ratification shall be accomplished by the approving vote of a majority of such registered persons who are residing in the State of Nevada on the date such code is submitted for ratification.
κ1965 Statutes of Nevada, Page 1325 (CHAPTER 494, AB 234)κ
Sec. 6. NRS 625.160 is hereby amended to read as follows:
625.160 Annually, on or before [January 1,] July 1, the board shall report to the [secretary of state] fiscal analyst of the legislative counsel bureau all certificates issued or renewed.
Sec. 7. NRS 625.170 is hereby amended to read as follows:
625.170 [During December of each year the] The secretary of the board shall prepare once each year, or at intervals as established by the board, a roster showing the names and [place of business] last-known addresses of all registered professional engineers and engineers-in-training. Copies of the roster shall be:
1. Mailed to each person so registered.
2. Placed on file with the secretary of state [.] and county and city clerks.
3. [Furnished] Distributed or sold to the public. [on request.]
Sec. 8. NRS 625.220 is hereby amended to read as follows:
625.220 1. The board may, upon application therefor, and the payment of an application fee [of $15 and a registration fee of $10,] not exceeding $50, issue a certificate of registration as a professional engineer to any person who holds a certificate of qualification or registration issued to him by proper authority of the National Council of State Boards of Engineering Registration, or by the proper authority of any state, territory or possession of the United States, or of any country, if the requirements for the registration of professional engineers under which the certificate of qualification or registration was issued do not conflict with the provisions of this chapter and are of a standard not lower than that specified in this chapter.
2. An oral examination conducted by not less than three members of the board shall be required of such persons, [during a session of the board at which a quorum is present,] and a written examination may be required, at the discretion of the board.
Sec. 9. NRS 625.230 is hereby amended to read as follows:
625.230 1. Each registrant shall, upon registration, obtain a seal of the design authorized by the board, bearing the registrants name and the legend Registered Professional Engineer (followed by the branch or branches for which he is qualified).
2. Plans, specifications, plats and reports issued by a registrant shall be stamped with the seal when filed with public authorities, during the life of the registrants certificate, but it shall be unlawful for anyone to stamp or seal any documents with the seal after the certificate of the registrant named thereon has expired or has been revoked, unless the certificate shall have been renewed or reissued.
3. A rubber stamp which produces in ink the same design and information required under subsection 1 may be used in lieu of the prescribed seal.
Sec. 10. NRS 625.240 is hereby amended to read as follows:
625.240 1. A firm, a copartnership, a corporation or a joint-stock association may engage in the practice of professional engineering in this state, if the principal member or members of the firm, copartnership, corporation or joint-stock association in responsible charge of engineering work are registered professional engineers under the provisions of this chapter.
κ1965 Statutes of Nevada, Page 1326 (CHAPTER 494, AB 234)κ
2. Every office or place of business of any firm, copartnership, corporation or joint-stock association engaged in the practice of professional engineering shall have a registered professional engineer in residence and in direct responsible supervision of the engineering work conducted in such office or place of business. The provisions of this subsection do not apply to firms, copartnerships, corporations or joint-stock associations:
(a) Practicing professional engineering for their own benefit and not engaging in the practice of professional engineering for others or offering professional engineering services to others.
(b) Engaged in the practice of professional engineering at offices established for limited or temporary purposes, such as offices established for convenience of field survey crews, or offices established for construction inspection.
Sec. 11. NRS 625.270 is hereby amended to read as follows:
625.270 [An applicant shall be thoroughly familiar with:
1. The procedure and rules governing the survey of the public lands as set forth in the Manual of Instructions for the Survey of the Public Lands of the United States, published by the Bureau of Land Management, Department of the Interior, Washington D. C.
2. The procedure in relation to the coordinate system of the United States Coast and Geodetic Survey adopted for use in this state.] No person may be granted a certificate of registration to practice land surveying in this state unless:
1. He has graduated from an accredited engineering or surveying curriculum of 4 years or more, which is approved by the board; and
2. He has had, subsequent to graduation, 2 years of land surveying experience of a character satisfactory to the board; and
3. He has attained a passing grade on the written examination described in NRS 625.280; or
4. He has completed 6 years of land surveying experience of a character satisfactory to the board; and
5. He has attained a passing grade on the written examination described in NRS 625.280.
Sec. 12. NRS 625.280 is hereby amended to read as follows:
625.280 1. The written examination for registered land surveyor shall consist of a [1-day] 2-day test [(two] (four 4-hour periods) requiring the applicant to demonstrate that he understands:
(a) The theory and practice of land surveying, including the use, care and adjustment of instruments.
(b) Surveying computations, traverses and methods of closure, mapping baselines and triangulations.
(c) The principles of geodetic surveying, determination of true meridian, latitude and longitude, land boundaries, monuments, subdivisions of lands, deed descriptions and conveyancing.
(d) The common laws and usages regarding surveys.
2. The applicants knowledge of the provisions of the Manual of Instructions for the Survey of the Public Lands of the United States will be tested by appropriate questions and problems.
3. Free use of notes, texts and reference books will be allowed.
Sec. 13. NRS 625.300 is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 1327 (CHAPTER 494, AB 234)κ
625.300 The board may issue a license to an applicant, upon presentation of evidence of registration in good standing from a state or territory maintaining standards of land surveying registration equivalent to those in Nevada, if such person, in the judgment of the board, has the necessary qualifications under this chapter. The board, in its discretion, may require an applicant to pass a written or oral examination.
Sec. 14. NRS 625.325 is hereby amended to read as follows:
625.325 On or before July 1, 1961, each registered land surveyor shall obtain a seal or rubber stamp capable of producing an ink impression of a design authorized by the board, bearing such surveyors name and the legend Registered Land Surveyor. The legend Registered Professional Engineer shall not be used.
Sec. 15. NRS 625.330 is hereby amended to read as follows:
625.330 1. A registered land surveyor may practice land surveying and prepare maps, plats, reports, descriptions and other documentary evidence in connection therewith.
2. Every map, plat, report, description or other document issued by a registered land surveyor shall be signed by him, endorsed with his certificate number, and stamped with his seal [,] or rubber stamp, whenever such map, plat, report, description or other document is filed as a public record, filed with any public authority, or delivered as a formal or final document.
Sec. 16. NRS 625.390 is hereby amended to read as follows:
625.390 [The board shall have power:
1. To charge and collect from each applicant for registration as a professional engineer or land surveyor an application fee of $15 to be retained by the board.
2. To charge and collect a registration fee of $10.
3. To] 1. Application for registration as a professional engineer or land surveyor or for certification as an engineer in training shall:
(a) Be on a form furnished and prescribed by the board;
(b) Contain statements made under oath, showing the applicants education and a detailed summary of his technical experience; and
(c) Contain the names of three registered engineers of this or any other state, who have knowledge of the background, character and technical competence of the applicant, none of whom may be members of the board.
2. The application and registration fee for professional engineers and land surveyors shall be established by the board in an amount not to exceed $50 and shall accompany the application.
3. Should the board deny the issuance of a certificate to any applicant, or should an applicant fail to appear for examination, the fee paid shall be retained as an application fee.
4. The board shall charge and collect from each applicant for registration as an engineer-in-training a fee of $10, which shall include the cost of examination and the issuance of a certificate as an engineer-in-training. [When registration as a professional engineer or land surveyor is completed by an engineer-in-training, he shall pay an additional fee of $15 before issuance of a license as a professional engineer.
4. To] The registration as an engineer-in-training shall be valid for 8 years, at which time the registration shall expire and be renewed as in the case of any original applicant.
κ1965 Statutes of Nevada, Page 1328 (CHAPTER 494, AB 234)κ
for 8 years, at which time the registration shall expire and be renewed as in the case of any original applicant.
5. The board shall charge and collect from each person upon his first application during a calendar year for a nonresidents permit a fee of $25, which shall include the cost of issuing any subsequent permits during the calendar year.
[5. To] 6. The board shall require the annual renewal of each certificate except as provided in subsection 4 and [to] collect therefor an annual fee of not to exceed $10.
Sec. 17. NRS 625.400 is hereby amended to read as follows:
625.400 A new certificate of registration, to replace any certificate revoked, lost, destroyed or mutilated, may be issued, subject to the rules of the board, and a charge of [$3] not more than $10 shall be made for such issuance.
Sec. 18. NRS 624.410 is hereby amended to read as follows:
624.410 The board shall have the power to revoke the certificate of registration of any registrant who is found guilty of:
1. The practice of any fraud or deceit in obtaining a certificate of registration.
2. Any gross negligence, incompetency or misconduct in the practice of professional engineering as a registered professional engineer or in the practice of land surveying as a registered land surveyor.
3. Aiding or abetting any person in the violation of any provision of [NRS 625.330 relating to the preparation of maps, plats and reports.] this chapter.
4. A felony or any crime involving moral turpitude.
Sec. 19. NRS 625.480 is hereby amended to read as follows:
625.480 The following persons shall be exempt from the provisions of this chapter:
1. [A person not a resident of and having no established place of business in this state, practicing or offering to practice the profession of engineering in this state for not more than 30 days in any calendar year, if:
(a) He shall have filed an application with and received from the board a permit for a definite period of time for each job on which he works;
(b) He shall have paid the fee required by subsection 4 of NRS 625.390; and
(c) He is legally qualified to practice the profession in his own state or country.
2.] A person not a resident of and having no established place of business in this state, or who has recently become a resident of this state, practicing or offering to practice the profession of engineering in this state for more than 30 days in any calendar year, if:
(a) He shall have filed an application with the board for a certificate of registration and paid the fee required by this chapter [; and] , or filed an application with and received from the board a permit for a definite period of time for each job on which he works, and paid the fee required by this chapter; and
(b) He is legally qualified to practice the profession in his own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this chapter.
κ1965 Statutes of Nevada, Page 1329 (CHAPTER 494, AB 234)κ
or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this chapter.
The exemption shall continue only for such time as the board requires for the consideration of the application for registration.
[3.] 2. An employee or a subordinate of a person holding a certificate of registration under this chapter, or an employee of a person exempted from registration by subsections 1 or 2 of this section, if his practice does not include responsible charge of design or supervision.
[4.] 3. Officers and employees of the United States Government while engaged within this state in the practice of the profession of engineering for the Government.
Sec. 20. NRS 625.500 is hereby amended to read as follows:
625.500 This chapter does not apply to the employees of interstate [railroad, telegraph or telephone] or intrastate public utility companies or to any [duly licensed] architect [.] licensed under the provisions of chapter 623 of NRS and who practices architecture as permitted by chapter 623 of NRS.
________
Assembly Bill No. 353Mr. Valentine
CHAPTER 495
AN ACT waiving an express condition heretofore imposed upon the conveyance of certain real property by the State of Nevada of the County of Washoe; imposing new conditions; authorizing the Nevada historical society to execute leases, acquire real and personal property, invest certain moneys and construct a new building in Washoe County for its uses and purposes; and providing other matters properly relating thereto.
[Approved April 14, 1965]
Whereas, Pursuant to the provisions of section 1 of chapter 360, Statutes of Nevada 1963, the State of Nevada conveyed to the County of Washoe, Nevada, that the piece and parcel of land situated in the City of Reno, County of Washoe, State of Nevada, that is bounded on the North by Mill Street, on the east by South Center Street, on the south by State Street, and on the West by South Virginia Street in the City Of Reno, and facing about 150 feet, more or less, on South Virginia Street and 306 feet, more or less, on Mill Street, together with all buildings and appurtenances thereunto belonging or in anywise appertaining (hereinafter sometimes referred to as the state building), subject to the express condition that the County of Washoe shall provide to the Nevada historical society, a state institution (hereinafter sometimes referred to as the society), for so long as the society may require, a minimum of 13,000 square feet, rent-free space and quarters in the building so conveyed or in any remodeled, reconstructed or new building erected on all or a portion of the described premises; and
Whereas, The legislature of the State of Nevada now deems it more conducive to the public welfare to excuse the literal performance of such condition upon commutation thereof into an equivalent in money and service; and
κ1965 Statutes of Nevada, Page 1330 (CHAPTER 495, AB 353)κ
conducive to the public welfare to excuse the literal performance of such condition upon commutation thereof into an equivalent in money and service; and
Whereas, The board of regents of the University of Nevada has offered to lease a parcel of real property, the property of the University of Nevada, located at the southeast corner of East Ninth Street and North Center Street in the City of Reno, County of Washoe, State of Nevada, the site of the original building of the Nevada historical society, to the society for a term of 99 years at a yearly rental of $1; and
Whereas, The site offered for lease by the board of regents of the University of Nevada represents an adequate building location for a new structure to house the society, and which would make readily accessible to the University of Nevada, its research facilities and students the extensive library and documents owned by the society; and
Whereas, There is a reasonable possibility that if a sizable sum is received from the County of Washoe as consideration for the society vacating the space reserved for its use by the provisions of chapter 360, Statutes of Nevada 1963, substantial grants of money may be received by the society from individuals, foundations and other persons for the express purpose of constructing, furnishing and equipping such new building; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The express condition imposed by subsection 2 of section 1 of chapter 360, Statutes of Nevada 1963, upon the conveyance made by such chapter is hereby waived, and such conveyance shall be in full force and effect, without further restriction, upon compliance with both of the following conditions:
1. The county fair and recreation board of the County of Washoe, in the name and upon behalf of the county, shall pay to the Nevada historical society the sum of $260,000, such payment to be made from the proceeds of any revenue bonds issued by the county fair and recreation board pursuant to the provisions of chapter 233, Statutes of Nevada 1965, for the purpose of constructing and otherwise acquiring an auditorium for the county in the City of Reno, or from any other funds available to the county fair and recreation board and not otherwise restricted by law.
2. The county fair and recreation board of the County of Washoe, in the name and upon behalf of the county, shall provide at its own expense for the moving, storage and safekeeping of all personal property of the Nevada historical society for a period of not more than 2 years from the date upon which the county demands possession of the premises in the state building occupied by the society, and shall provide at its own expense for the subsequent moving of such personal property of the society from storage to permanent or temporary quarters within Washoe County as specified by the society.
The County of Washoe may take possession of the premises occupied by the society pursuant to chapter 360, Statutes of Nevada 1963, prior to the payment of the required $260,000 to the society at any time after the adoption of a resolution by the county fair and recreation board of the County of Washoe authorizing the issuance of bonds pursuant to the provisions of chapter 233, Statutes of Nevada 1965, and the service of a written notice thereof on the executive secretary of the society demanding that the society vacate such premises within 30 days after service of the written notice.
κ1965 Statutes of Nevada, Page 1331 (CHAPTER 495, AB 353)κ
to the payment of the required $260,000 to the society at any time after the adoption of a resolution by the county fair and recreation board of the County of Washoe authorizing the issuance of bonds pursuant to the provisions of chapter 233, Statutes of Nevada 1965, and the service of a written notice thereof on the executive secretary of the society demanding that the society vacate such premises within 30 days after service of the written notice. It shall be the mandatory duty of the society, its officers and agents to vacate the premises within such time after service of the written notice.
Sec. 2. Notwithstanding the provisions of any other law, the Nevada historical society, acting by and through its officers and agents, is authorized:
1. To deposit the moneys received from the county fair and recreation board of the County of Washoe pursuant to this act in a bank or banks and saving and loan association or associations in this state or to invest all or a portion thereof in short-term bonds or other evidences of indebtedness of the Federal Government. None of the moneys received by the society from the county fair and recreation board of the County of Washoe pursuant to this act shall be expended by the society except for the purpose of constructing, furnishing and equipping a new building for the uses and purposes of the society.
2. To execute a lease or leases with the board of regents of the University of Nevada for a term or terms of 99 years at a yearly rental of $1, wherein the board of regents of the University of Nevada will be the lessor and the society will be the lessee of that certain property located on the southeast corner of East Ninth Street and North Center Street in the City of Reno, County of Washoe, State of Nevada.
3. To construct upon the real property described in subsection 2 of this section, when leased from the board of regents of the University of Nevada, or on other real property deemed adequate for the purposes of the society within Washoe County and owned or leased by the society for a term of years, a building for the uses and purposes of the society.
4. To accept gifts and grants of money and other personal property, real property and interests in real property from individuals, foundations and other persons for the purpose of constructing, furnishing, equipping and maintaining a new building for the uses and purposes of the society.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1332κ
Assembly Bill No. 462Clark County Delegation
CHAPTER 496
AN ACT to amend chapter 277 of NRS, relating to cooperative agreements of public agencies, by adding new sections providing for agreements with public agencies of other states, prescribing the content and manner of adoption of agreements and providing for simplified agreements for performance of governmental functions; to amend NRS section 474.500, relating to county fire chiefs, by substituting reference to a new section; to repeal NRS sections 277.010 to 277.040, inclusive, and 277.070, relating to cooperative agreements; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 277 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. This act may be cited as the Interlocal Cooperation Act.
Sec. 3. It is the purpose of this act to permit local governments to make the most efficient use of their powers by enabling them to cooperate with other local governments on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization which will best accord with geographic, economic, population and other factors influencing the needs and development of local communities.
Sec. 4. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires:
1. Public agency means:
(a) Any political subdivision of this state, including without limitation counties, incorporated cities and towns, unincorporated cities or towns, school districts and other districts.
(b) Any agency of this state or of the United States.
(c) Any political subdivision of another state.
2. State includes any of the United States and the District of Columbia.
Sec. 5. 1. Any power, privilege or authority exercised or capable of exercise by a public agency of this state may be exercised jointly with any other public agency of this state, and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise. Any agency of this state when acting jointly with any other public agency may exercise all the powers, privileges and authority conferred by this act upon a public agency.
2. Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of sections 2 to 11, inclusive, of this act. Such agreements shall be effective only upon ratification by appropriate ordinance, resolution or otherwise pursuant to law on the part of the governing bodies of the participating public agencies.
Sec. 6. 1. Any agreement made pursuant to section 5 of this act which establishes a separate legal or administrative entity to conduct the joint or cooperative undertaking shall specify:
κ1965 Statutes of Nevada, Page 1333 (CHAPTER 496, AB 462)κ
(a) The precise organization, composition and nature of such entity and the powers delegated thereto.
(b) The duration of the agreement.
(c) The purpose of the agreement.
(d) The manner of financing such undertaking and of establishing and maintaining a budget therefor.
(e) The method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination.
(f) Any other necessary or proper matters.
2. Any agreement so made which does not establish such an entity shall contain:
(a) The provisions enumerated in paragraphs (b) to (f), inclusive, of subsection 1.
(b) Provision for an administrator or joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, public agencies which are parties to the agreement shall be represented.
(c) The manner of acquiring, holding and disposing of real and personal property used in such undertaking.
Sec. 7. No agreement made pursuant to sections 2 to 11, inclusive, of this act shall relieve any public agency of any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance by a joint board or other legal or administrative entity created by the agreement, such performance may be offered in satisfaction of the obligation or responsibility.
Sec. 8. As conditions precedent to the entry into force of any agreement made pursuant to sections 2 to 11, inclusive, of this act:
1. Such agreement shall be submitted to the attorney general, who shall determine whether it is in proper form and compatible with the laws of this state. The attorney general shall set forth in detail in writing addressed to the governing bodies of the public agencies concerned any specific respects in which he finds that the proposed agreement fails to meet the requirements of the law. Failure to disapprove an agreement submitted under the provisions of this section within 30 days after its submission shall constitute approval.
2. Such agreement shall be filed with the county recorder of each county in which a participating political subdivision of this state is located, and with the secretary of state.
Sec. 9. In the event that an agreement made pursuant to sections 2 to 11, inclusive, of this act deals in whole or in part with the provision of services of facilities over which an officer or agency of this state has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control for approval or disapproval by him or it as to all matters within his or its jurisdiction in the same manner and subject to the same requirements as govern the action of the attorney general under section 8 of this act. This requirement of submission and approval is in addition to and not in substitution for the requirement of submission and approval by the attorney general.
Sec. 10. An agreement entered into pursuant to sections 2 to 11, inclusive, of this act between or among one or more public agencies of this state and one or more public agencies of another state or of the United States shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies which are parties to the agreement shall be real parties in interest, and the state may maintain an action to recover for any damages or liability which it may incur by reason of being joined as a party in such case or controversy.
κ1965 Statutes of Nevada, Page 1334 (CHAPTER 496, AB 462)κ
inclusive, of this act between or among one or more public agencies of this state and one or more public agencies of another state or of the United States shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies which are parties to the agreement shall be real parties in interest, and the state may maintain an action to recover for any damages or liability which it may incur by reason of being joined as a party in such case or controversy. Such action shall be maintainable against any public agency whose default, failure of performance, or other conduct caused or contributed to the incurring damage or liability by the state.
Sec. 11. Any public agency which has entered into an agreement pursuant to sections 2 to 11, inclusive, of this act may support the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking in any one or more of the following ways:
1. By appropriating funds;
2. By selling, leasing, giving or otherwise supplying property; or
3. By providing such personnel or services as may be within its legal power to furnish.
Sec. 12. 1. Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform. Such contract shall be ratified by appropriate official action of the governing body of each party to the contract as a condition precedent to its entry into force. Such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties.
2. The authorized purposes of agreements made pursuant to subsection 1 include but are not limited to:
(a) The joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this state.
(b) The joint use of county and city personnel, equipment and facilities, including sewer systems, drainage systems, street lighting systems, fire alarm systems, sewage disposal plants, playgrounds, parks and recreational facilities, and public buildings constructed by or under the supervision of the board of county commissioners or the city council of the county and city concerned, upon such terms and agreements, and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the counties and cities.
(c) The joint employment of clerks, stenographers and other employees in the offices of the city and county auditor, city and county assessor, city and county treasurer, or any other joint city and county office existing or hereafter established in the several counties, upon such terms and conditions as may be determined for the equitable apportionment of the expenses of the joint city and county office.
(d) The joint and cooperative use of fire-fighting and fire-protection equipment for the protection of property and the prevention and suppression of fire.
κ1965 Statutes of Nevada, Page 1335 (CHAPTER 496, AB 462)κ
equipment for the protection of property and the prevention and suppression of fire.
(e) The joint use of county and city personnel, equipment and facilities, upon such terms and conditions, and within such areas within the county as may be determined, for the promotion and protection of the health of the inhabitants of the county and city through regulation, control and prohibition of the excessive emission of dense smoke and air pollution.
3. Each public agency which has entered into an agreement pursuant to this section shall annually at the time of preparing its budget include an estimate of the expenses necessary to carry out such agreement and provide for such expense as other items are provided in its budget. Each such public agency may furnish property, personnel or services as necessary to carry out the agreement.
Sec. 13. NRS 474.500 is hereby amended to read as follows:
474.500 1. The board of county commissioners may appoint a county fire chief who shall have adequate training and experience in fire control and who shall hire such employees as are authorized by the board. The county fire chief shall administer all fire control laws in the territory of the county described by NRS 474.460 and perform such other duties as may be designated by the board of county commissioners and the state forester firewarden. The county fire chief shall coordinate fire protection activities in the county and shall cooperate with all other existing fire protection agencies and with the state forester firewarden for the standardization of equipment and facilities.
2. In lieu of or in addition to the provisions of subsection 1, the board of county commissioners may:
(a) Provide the fire protection required by NRS 474.460 to 474.540, inclusive, to the county by entering into agreements with other agencies as provided by NRS 472.060 to 472.090, inclusive, and [277.040,] section 12 of this act, for the furnishing of such protection to the county; or
(b) Support volunteer fire departments within districts organized under the provisions of NRS 474.460 to 474.540, inclusive, for the furnishing of such protection to the county.
Sec. 14. NRS 277.010 to 277.040, inclusive, and 277.070 are hereby repealed.
________
κ1965 Statutes of Nevada, Page 1336κ
Assembly Bill No. 513Clark County Delegation
CHAPTER 497
AN ACT to amend chapter 127 of NRS, relating to adoption of children and adults, by adding a new section limiting the participation of attorneys in adoption proceedings; to amend NRS sections 127.290 to 127.310, inclusive, relating to acceptance of fees for adoption; and unlawful placements, by providing an exception; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 127 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any attorney licensed to practice in this state may perform any legal services in adoption proceedings, if he does not:
(a) Take part in finding parents or children; or
(b) Otherwise participate in the adoption proceedings.
2. Such attorney may receive compensation for his legal services.
Sec. 2. NRS 127.290 is hereby amended to read as follows:
127.290 1. [No] Except as provided in section 1 of this act, no person who does not have in full force a license to operate a child-placing agency issued under NRS 127.250 to 127.260 may request or accept, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care.
2. A child-placing agency licensed under NRS 127.250 or 127.260 may accept fees for operational expenses.
Sec. 3. NRS 127.300 is hereby amended to read as follows:
127.300 1. [Any] Except as provided in section 1 of this act, any person who, without holding a valid license to operate a child-placing agency issued by the welfare division of the department of health and welfare under NRS 127.250 to 127.260, requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care is guilty of a felony.
2. The natural parents and the adopting parents shall not be considered accomplices for the purposes of this section.
Sec. 4. NRS 127.310 is hereby amended to read as follows:
127.310 [Any] Except as provided in section 1 of this act, any person or organization who or which, without holding a valid unrevoked license to place children for adoption issued by the welfare division of the department of health and welfare:
1. Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or
2. Advertises in any periodical or newspaper, or by radio or other public medium, that he or it will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption,
κ1965 Statutes of Nevada, Page 1337 (CHAPTER 497, AB 513)κ
supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption,
is guilty of a misdemeanor.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 551Messrs. Bailey and Howard
CHAPTER 498
AN ACT to amend NRS section 482.270, relating to specification for vehicle license plates, by providing for the issuance of reflectorized license plates and prescribing standards for such plates; making an appropriation from the state highway fund to the department of motor vehicles; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.270 is hereby amended to read as follows:
482.270 1. The director shall order the preparation of motor vehicle license plates with no other colors than blue and silver, the same to be alternated one upon the background and the other upon the letters and numbers in alternate issues of license plates. The director may, in his discretion, substitute [a] white [enamel] in place of silver when no suitable material is available.
2. The director may determine and vary the size, shape and form and the material of which license plates shall be made, but each license plate shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight. Effective upon the issue of all license plates after January 1, 1967, all license plates shall be so treated as to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, shall be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
3. Every license plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, and the name of the state, which may be abbreviated, and the year for which issued.
4. The registration numbers assigned shall be coded by counties and consecutively numbered. The code letters shall be at the left of the number plate, according to counties, as follows: Churchill, CH; Clark, C; Douglas, DS; Elko, EL; Esmeralda, ES; Eureka, EU; Humboldt, HU; Lander, LA; Lincoln, LN; Lyon, LY; Mineral, MN; Nye, NY; Ormsby, OR; Pershing, PE; Storey, ST; Washoe, W; White Pine, WP. Prefix letters which do not duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles, motorcycles, trailers and trucks, as may be determined; but the letters I and Q shall not be used for any vehicle.
κ1965 Statutes of Nevada, Page 1338 (CHAPTER 498, AB 551)κ
trucks, as may be determined; but the letters I and Q shall not be used for any vehicle. Following the county code, or special prefix letter, a series of five or fewer numerals, commencing with 1 to 99,999, shall be used for each county as the need may be. The director may assign an additional letter, excluding H, I, O, P, Q and U, to follow the county code letter in Clark and Washoe counties at any time the number of registrations in such counties requires an additional letter.
Sec. 2. In order that the department of motor vehicles may effectuate the purposes of this act there is hereby appropriated from the state highway fund in the state treasury to the department of motor vehicles the sum of $36,000 for the purposes of acquiring necessary equipment and materials.
________
Senate Bill No. 31Senator Brown
CHAPTER 499
AN ACT authorizing the issuance and sale of revenue certificates by the University of Nevada for certain specified projects at Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada, and the use and repayment of the receipts thereof; prohibiting the acquisition of movable furniture and furnishings with the proceeds derived from the issuance and sale of such revenue certificates; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for securing such revenue certificates and providing remedies for the holders of such revenue certificates; containing prohibitions against obligating the State of Nevada; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following terms, wherever used or referred to in this act, have the following meaning unless a different meaning clearly appears in the context:
1. Acquire or to acquire includes to purchase, to erect, to build, to construct, to reconstruct, to repair, to replace, to extend, to better, to equip, to develop and to improve a project.
2. Federal agency means the United States of America or any agency or instrumentality thereof.
3. Private agency, corporation or individual means any private corporation, trust company, firm or individual doing business as such.
4. Project means and includes the buildings, structures and improvements required by the University of Nevada for Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada, as enumerated in section 2 of this act. Project does not mean and include movable furniture and furnishings.
5. Revenue certificate means certificates with respect to the repayment of any loans or borrowed money, issued by the board of regents pursuant to this act.
κ1965 Statutes of Nevada, Page 1339 (CHAPTER 499, SB 31)κ
Sec. 2. After the effective date of and in accordance with the provisions of this act, the board of regents of the University of Nevada is authorized, from time to time, to issue and sell revenue certificates of the University of Nevada not to exceed in the aggregate a total of $637,000, and to acquire with the proceeds thereof a dormitory or dormitories for Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada, at a total cost not to exceed $637,000, exclusive of the cost of movable furniture and fixtures. None of the proceeds derived from the issuance and sale of such revenue certificates shall be expended for the acquisition of movable furniture and furnishings for such dormitory or dormitories.
Sec. 3. Upon the request of the board of regents, all phases of the planning, design, construction and equipment of any project provided for in this act shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.
Sec. 4. Subject to the limitations and restrictions in this act, the University of Nevada may:
1. Have a corporate seal and alter the same at pleasure.
2. Sue and be sued.
3. Acquire by purchase, gift or the exercise of the right of eminent domain, and hold real or personal property, or rights of interests therein, and water rights.
4. Make contracts and execute all instruments necessary or convenient.
5. Acquire by contract or contracts or by its own agents and employees, or otherwise than by contract, and project or projects, and operate and maintain such projects.
6. Accept grants of money or materials or property of any kind from a federal agency, private agency, corporation or individual, upon such terms and conditions as such federal agency, private agency, corporation or individual may impose.
7. Borrow money and issue revenue certificates and provide for the payment of the same and for the rights of the holders thereof, as provided in this act.
8. Perform all acts and do all things necessary or convenient to carry out the powers granted in this act; obtain loans or grants, or both, from any federal agency, private agency, corporation or individual, and accomplish the purposes of this act.
Sec. 5. 1. Revenue certificates issued under the provisions of this act shall be authorized by the resolution of the board of regents.
2. The revenue certificates shall bear interest at such rate or rates not exceeding 5 percent per annum, payable semiannually; may be issued in one or more series; may bear such date or dates; may be in such denomination or denominations; may mature at such time or times, not exceeding 40 years from their respective dates; may be in such form, either coupon or registered; may carry such registration privileges; may be executed in such manner; may be payable in such medium of payment, at such place or places; may be subject to such terms of redemptions, with or without premium; may contain such terms, covenants and conditions; and may be declared or become due before the maturity date thereof, as such resolution or other resolutions may provide.
κ1965 Statutes of Nevada, Page 1340 (CHAPTER 499, SB 31)κ
due before the maturity date thereof, as such resolution or other resolutions may provide.
3. The revenue certificates may be sold at public or private sale at not less than par.
4. Pending the preparation of the definitive certificates, interim receipts or certificates, in such form and with such provisions as the board of regents may determine, may be issued to the purchaser or purchasers of certificates sold pursuant to this act. The certificates and interim receipts shall be fully negotiable within the meaning and for all the purposes of the Negotiable Instruments Law.
Sec. 6. The board of regents, in connection with the issuance of revenue certificates to acquire any project for Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada, or in order to secure the payment of such revenue certificates and interest thereon, has power by resolution:
1. To fix and maintain fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, such project.
2. To provide that such revenue certificates be secured by a first, exclusive and closed lien on the income and revenue (but not the real property of the University of Nevada) derived from, and shall be payable from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project.
3. To pledge and assign to, or in trust for the benefit of, the holder or holders of such revenue certificates, an amount of the income and revenue derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project.
4. To covenant with, or for the benefit of, the holder or holders of such revenue certificates, that, so long as any of such revenue certificates shall remain outstanding and unpaid, the University of Nevada will fix, maintain and collect, in such installments as may be agreed upon, an amount of the fees, rentals and other charges, from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project, which shall be sufficient to pay, when due, such revenue certificates and interest thereon; and to create and maintain reasonable reserves therefor, and to pay the costs of operation and maintenance of such project, including, but not limited to, reserves for extraordinary repairs, insurance and maintenance, which costs of operation and maintenance shall be determined by the board of regents and in its absolute discretion.
5. To make and enforce and agree to make and enforce reasonable parietal rules and shall insure the use of such project by all students in attendance at Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada, who do not reside in the city of Las Vegas, Nevada, and environs, to the maximum extent to which such project is capable of serving such students.
6. To covenant that so long as any of such revenue certificates shall remain outstanding and unpaid, the board of regents will not, except upon certain terms and conditions as may be determined:
κ1965 Statutes of Nevada, Page 1341 (CHAPTER 499, SB 31)κ
shall remain outstanding and unpaid, the board of regents will not, except upon certain terms and conditions as may be determined:
(a) Voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of such revenue certificates upon any of the income and revenues derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such projects; or
(b) Convey or otherwise alienate such project or the real property upon which such project shall be located, except at a price sufficient to pay all such revenue certificates then outstanding and interest accrued thereon, and then only in accordance with any agreements with the holder or holders of such revenue certificates; or
(c) Mortgage or otherwise voluntarily create or cause to be created any encumbrance on such project or the real property upon which it shall be located.
7. To covent as to the procedure by which the terms of any contract with a holder or holders of such revenue certificates may be amended or abrogated, the amount of percentage of revenue certificates the holder or holders of which must consent thereto, and the manner in which such consent may be given.
8. To vest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates; and to hold, apply and dispose of the same and the right to enforce any covenant made to secure or pay, or in relation to, such revenue certificates; to execute and deliver a trust agreement or trust agreements which may set forth the powers and duties and the remedies available to such trustee or trustees and limiting the liabilities thereof, and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees, or the holder or holders of revenue certificates, or any specified amount of percentage of such revenue certificates, may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate.
9. To vest in a trustee or trustees, or the holder or holders of any specified amount or percentage of revenue certificates, the right to apply to any court of competent jurisdiction for, and have granted the appointment of, a receiver or receivers of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates, which receiver or receivers may have and be granted such powers and duties as such court may order or decree for the protection of the revenue certificate holders.
10. To make covenants with any federal agency, private agency, corporation or individual to perform any and all acts and to do any and all such things as may be necessary or convenient, or desirable, in order to secure such revenue certificates, or as may in the judgment of the board of regents tend to make the revenue certificates more marketable, notwithstanding that such acts or things may not be enumerated herein; it being the intention hereof to give the board of regents power to make all covenants, including any covenants or agreements giving a lien upon any project constructed to the agency lending the money for the construction of such project, as security for such loan; and, including the power to make any conveyance which may be necessary of any lot or parcel of land, to any federal agency, private agency, corporation or individual, as the means for security for any loan made by such agency for the construction or improvement of a building or structure thereon; and, also, the right to lease any structure constructed upon the lands of the State of Nevada for a fair rental; and to perform all acts and to do all things, not inconsistent with the constitution of the State of Nevada, in the issuance of such revenue certificates and for their security, which a private business corporation might do.
κ1965 Statutes of Nevada, Page 1342 (CHAPTER 499, SB 31)κ
herein; it being the intention hereof to give the board of regents power to make all covenants, including any covenants or agreements giving a lien upon any project constructed to the agency lending the money for the construction of such project, as security for such loan; and, including the power to make any conveyance which may be necessary of any lot or parcel of land, to any federal agency, private agency, corporation or individual, as the means for security for any loan made by such agency for the construction or improvement of a building or structure thereon; and, also, the right to lease any structure constructed upon the lands of the State of Nevada for a fair rental; and to perform all acts and to do all things, not inconsistent with the constitution of the State of Nevada, in the issuance of such revenue certificates and for their security, which a private business corporation might do.
Sec. 7. The board of regents also has the power by resolution:
1. To provide that payment of any revenue certificates issued hereunder and the interest thereon may also be made from, and as security for such payment there may also be pledged, the income and revenue derived from the operation of a dormitory and dining facilities and appurtenant facilities (herein sometimes designated as the 1964 project), to be acquired with the proceeds of the revenue certificates issued pursuant to chapter 410, Statutes of Nevada 1963, in the original principal amount of $818,000, dated as of the 1st day of October 1964, and designated as the University of Nevada Dormitory and Dining Revenue Certificates of 1964 (herein sometimes designated as the 1964 certificates), subject to the existing pledge of income and revenue and other contractual limitations created to secure their payment.
2. To pledge and assign to, or in trust for the benefit of, the holder or holders of any revenue certificates issued hereunder an amount of the income and revenue derived from fees, rentals and other charges from students using or being served by, or having the right to use, or having the right to be served by, the 1964 project, subject to such existing pledge and other contractual limitations.
3. To provide that any revenue certificates issued hereunder be secured by a first, exclusive and closed lien on the income and revenue (but not the real property of the University of Nevada) derived from the operation of the 1964 project, after provision is made for the payment of the outstanding 1964 certificates and of the current expenses of operating and maintaining the 1964 project, and made for the accumulation and maintenance of reserves and accounts appertaining thereto, to the extent necessary to pay the principal of and the interest on certificates issued hereunder as the same become due and to establish reasonable reserves therefor.
Sec. 8. Any holder of revenue certificates, including a trustee for holders of such revenue certificates, shall have the right, in addition to all other rights:
1. By mandamus or other suit, action or proceeding in any court of competent jurisdiction, to enforce his rights against the board of regents, and any officer, agent or employee of the board of regents, to fix and collect such rentals and other charges adequate to carry out any agreement as to, or pledge of, such fees, rentals or other charges;
κ1965 Statutes of Nevada, Page 1343 (CHAPTER 499, SB 31)κ
and require the board of regents and any of its officers, agents or employees to carry out any other covenants and agreements, and to perform their duties under this act.
2. By action, to enjoin any acts or things which may be unlawful or a violation of the rights of such holder of revenue certificates.
Sec. 9. All moneys, derived from the sale of revenue certificates, or otherwise, borrowed under the provisions of this act, or received as a grant, shall be paid into a separate trust account or trust accounts. Such moneys shall be disbursed as may be directed by the board of regents in accordance with the terms of any agreements with the holder of any revenue certificates.
Sec. 10. The revenue certificates, 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 of the persons whose signatures appear thereon shall have ceased to be officers of the board of regents. The validity of the revenue certificates shall not be dependent on, nor affected by, the validity or regularity of any proceedings to acquire the project financed by the revenue certificates or taken in connection therewith.
Sec. 11. Nothing in this act shall be construed to authorize the board of regents to contract a debt on behalf of, or in any way to obligate, the State of Nevada, or to pledge, assign or encumber in any way, or to permit the pledging, assigning or encumbering in any way, of appropriations made by the legislature, or revenue derived from the investment of the proceeds of the sale of such lands as have been set aside, by legislative enactments of the United States, for the use and benefit of the University of Nevada.
Sec. 12. All revenue certificates issued pursuant to this act shall be obligations of the University of Nevada, payable only in accordance with the terms thereof, and shall not be obligations general, special or otherwise, of the State of Nevada. Such revenue certificates shall not be a bond or debt of the State of Nevada, and shall not be enforcible against the state; nor shall payment thereof be enforcible out of any funds of the University of Nevada other than the income and revenue pledged and assigned to, or in trust for the benefit of, the holder or holders if such revenue certificates.
Sec. 13. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and revenue certificates may be issued hereunder without regard to the procedure required by any other such law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 14. If any provision if this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act be declared as severable.
Sec. 15. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1344κ
Senate Bill No. 77Senator Dodge
CHAPTER 500
AN ACT to amend NRS sections 616.425, 616.435, 616.450 to 616.475, inclusive, 616.4971 and 617.320, relating to funds and investments of the Nevada industrial commission, by placing the state insurance fund in the custody and control of the commission; by creating the compensation payment fund; and by making the technical changes required by the transfer of such custody and control from the state treasurer to the commission; to repeal NRS sections 616.430 and 616.445, relating to the state insurance fund and the trust fund; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.425 is hereby amended to read as follows:
616.425 1. All premiums, contributions, penalties, bonds, securities and all other properties received, collected or acquired by the commission pursuant to the terms of this chapter shall:
(a) [be] Be credited on the records of the commission to the proper fund. [and thereafter delivered to the custody of the state treasurer, to be held by him subject to the terms and provisions of this chapter.]
(b) Constitute, for the purpose of custody thereof, the state insurance fund, which shall be held by the commission as custodian thereof for the benefit of employees and their dependents within the provisions of this chapter. Each commissioner shall be liable on his official bond for the faithful performance of his custodial duty as a member of the commission.
2. The commission shall deliver from such state insurance fund to the custody of the state treasurer such moneys as are deemed by the commission necessary to maintain an adequate balance in the compensation payment fund, which is hereby created for the transaction of the ordinary business and functions of the commission, including compensation.
Sec. 2. NRS 616.435 is hereby amended to read as follows:
616.435 1. All disbursements from the [state insurance] compensation payment fund shall be paid by the state treasurer upon warrants or vouchers of the commission authorized by [the] a majority of the commission and signed by one commissioner and countersigned by the auditor or other bonded employee of the commission. The auditor or such other employee of the commission so countersigning shall be required to furnish a good and sufficient bond in an amount determined by the commission, which bond shall be approved by the governor and the attorney general. The state treasurer shall be liable on his official bond for the faithful performance of his duty as custodian of the [state insurance] compensation payment fund. The State of Nevada shall not be liable for the payment of any compensation or any salaries or expenses in the administration of this chapter, except from the [state insurance] compensation payment fund, but shall be responsible for the safety and preservation of the state insurance fund.
2. A sum of $200,000 in the aggregate may be regularly maintained on deposit by the commission in all the collection depository banks.
κ1965 Statutes of Nevada, Page 1345 (CHAPTER 500, SB 77)κ
on deposit by the commission in all the collection depository banks. Such fund kept currently on deposit shall be used for the transaction of the ordinary business and functions of the commission, including compensation. Such fund shall be a trust fund, and shall not be removed or drawn upon except on checks or drafts of the commission authorized by a majority of the commission and signed by at least one commissioner and countersigned by the auditor of the commission, or other bonded employee designated by the commission, and shall be made payable to the state treasurer for the compensation payment fund.
Sec. 3. NRS 616.450 is hereby amended to read as follows:
616.450 Any income derived from rentals, as provided in 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 buildings shall be paid from the rent and expense fund. The fund shall constitute a part of the assets of the [state insurance] compensation payment fund.
Sec. 4. NRS 616.455 is hereby amended to read as follows:
616.455 The commission, by resolution approved by the governor, state treasurer and state controller, two of whom shall constitute a majority, in writing, may designate a bank or banks as collection depositories, and may deposit therewith, with or without interest, for collection, all premiums, contributions, penalties, properties or securities paid to or collected or acquired by the commission, and such collection depositories shall be required to furnish security for such deposits in the full amount thereof as provided in this chapter. All the proceeds of such collections, except as otherwise provided in this chapter, shall be transferred from such depositories to the state [treasurer] insurance fund by the commission.
Sec. 5. NRS 616.460 is hereby amended to read as follows:
616.460 1. The security to be deposited with the [state treasurer] commission by any bank for any premiums, contributions, penalties, or securities, and for any part of the state insurance fund deposited for collection or otherwise by the commission, shall consist of the following:
(a) Bonds of the United States.
(b) Bonds the payment of which is guaranteed by the United States.
(c) Certificates issued under the authority of the Authority of the United States.
(d) Bonds of this state or any state in the union.
(e) Bonds, notes or warrants of any county within any state.
(f) Bonds or warrants of any municipality, school district, irrigation or drainage district, or political subdivision of and in the state.
2. Such security shall at all times be in an amount to be determined by the commission and approved by the governor, state treasurer and state controller, two of whom shall constitute a majority, but not less than the sums secured, and shall be approved in writing by the commission and the governor, state treasurer and state controller, two of whom shall constitute a majority, and shall be deposited and kept deposited, as in this chapter provided, with the [state treasurer.] commission.
κ1965 Statutes of Nevada, Page 1346 (CHAPTER 500, SB 77)κ
3. The agreement of security made and deposited with such securities shall inure to the commission [and the state treasurer] as custodian, and for the use and benefit of the state insurance fund, and shall permit withdrawal, substitution, and requirement of additional security, upon written approval of the commission and [the state treasurer.] of the governor, state treasurer and state controller, two of whom shall constitute a majority. Deposits must, however, be kept fully secured at all times.
Sec. 6. NRS 616.470 is hereby amended to read as follows:
616.470 1. The [state treasurer] commission may, [upon written authority of the commission, approved by] with the approval of the state board of finance, deposit not to exceed 25 percent of the reserve and surplus of the state insurance fund in a bank or banks in the State of Nevada, upon interest at not less than the prevailing and current rate paid in Nevada at savings accounts by banks.
2. Such bank or banks shall deposit with the [state treasurer] commission bonds of the United States or other securities in which funds of the state insurance fund are authorized to be invested, as provided in NRS 355.140 to 355.160, inclusive, in an amount, at market value, sufficient to protect and guarantee the depositor against any loss by reason of the failure or suspension of the bank, or loss from any other cause. The amount of the security to be deposited and the fair value of the bonds deposited shall be determined and fixed by the commission and [state treasurer, and] approved by the state board of finance, but in no event shall the value of the bonds deposited be less than the sum deposited in the particular bank.
3. Interest earned by such portion of the state insurance fund which may be so deposited in any bank or banks, as herein provided, shall be placed to the credit of the state insurance fund.
Sec. 7 NRS 616.475 is hereby amended to read as follows:
616.475 1. Whenever any bank wherein funds are deposited as provided by this chapter, shall fail to pay on written demand the entire balance due in the deposit within 48 hours after demand is made, the [state treasurer,] commission, as custodian of any bonds and securities, shall, within 30 days thereafter:
(a) Convert into cash so much of the bonds and securities, including interest, as may be necessary to pay the amount deposited, together with interest as agreed, including costs; and
(b) Disburse the proceeds according to law, returning any surplus to the depositary or its legal representative, and, if there be a deficiency, reserving right to file claim for the same.
2. At any sale the commission may bid for and purchase the bonds offered for sale whenever such bonds or securities be legal investments for commission funds or whenever it be deemed necessary so to do by the commission to purchase any such securities in order to protect the best interests of the state insurance fund.
Sec. 8. NRS 616.4971 is hereby amended to read as follows:
616.4971 1. No person, firm or corporation engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as agent for the board shall be eligible for employment as investment counsel for the commission.
κ1965 Statutes of Nevada, Page 1347 (CHAPTER 500, SB 77)κ
in any such business who receives commissions for transactions performed as agent for the board shall be eligible for employment as investment counsel for the commission.
2. The commission shall not engage investment counsel unless:
(a) The principal business of the person, firm or corporation selected by the commission consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of funds on the basis of the individual needs of each client;
(b) The principal ownership and control of such person, firm or corporation rests with individuals who are actively engaged in such business;
(c) Such person, firm or corporation and its predecessors have been continuously engaged in such business for a period of 10 or more years;
(d) Such person, firm or corporation is registered as an investment adviser under the laws of the United States of America as from time to time in effect;
(e) The contract between the commission and the investment counsel is of no specific duration and is voidable at any time by either party;
(f) Such person, firm or corporation is a member of the Investment Counsel Association of America; and
(g) Such person, firm or corporation has been approved by the state board of finance for employment as investment counsel.
3. The expense of such employment shall be paid from the state insurance fund.
4. All investments made by the commission and any investment program undertaken by the commission shall be subject to review by the state board of finance each quarter. If after such review, the state board of finance finds that the investment policies pursued by the commission are not in the best interests of the state insurance fund or the State of Nevada, the state board of finance may require the commission to discharge any investment counsel employed by it.
5. With the approval [and consent] of the [state treasurer,] state board of finance, the commission may designate the bank or banks which shall have the custody of the various investments authorized in NRS 616.4972 to 616.4983, inclusive.
6. The commission may accept due bills from brokers upon delivery of warrants if the certificates representing such investments are not readily available.
Sec. 9. NRS 617.320 is hereby amended to read as follows:
617.320 1. The occupational diseases fund and the medical benefits fund are hereby created.
2. The occupational diseases fund shall be a separate and distinct fund and shall be so kept on the records of the commission, but shall, in the hands of the [state treasurer] commission and, for the purposes of custody thereof, be and constitute a part of the state insurance fund, subject to the same provisions in regard thereto as are contained in chapter 616 of NRS.
3. The commission shall have all the powers, authority and duties with respect to the prosecution and defense of suits, the collection, administration, investment and disbursement of the occupational diseases fund as are provided for in chapter 616 of NRS relative to the prosecution and defense of suits, the collection, administration, investment and disbursement of the state insurance fund and the accident benefit fund for the compensation of injured employees which are not inconsistent with the terms of this chapter.
κ1965 Statutes of Nevada, Page 1348 (CHAPTER 500, SB 77)κ
diseases fund as are provided for in chapter 616 of NRS relative to the prosecution and defense of suits, the collection, administration, investment and disbursement of the state insurance fund and the accident benefit fund for the compensation of injured employees which are not inconsistent with the terms of this chapter.
Sec. 10. NRS 616.430 and 616.445 are hereby repealed.
Sec. 11. This act shall become effective upon passage and approval.
________
Senate Bill No. 80Committee on Judiciary
CHAPTER 501
AN ACT relating to local improvements of counties, incorporated cities and unincorporated towns; to amend Title 21 of NRS, relating to cities and towns, by creating a new chapter designated as the Consolidated Local Improvements Law; concerning local improvements of unincorporated cities, unincorporated towns, incorporated cities and incorporated towns, including but not limited to the construction and other acquisition of such improvements, the creation of districts in connection therewith, and the levy and collection of special assessments; specifying powers, duties, rights, privileges, liabilities and limitations and prescribing other details in connection therewith; making provisions pertaining thereto and relating to finance, loans, bonds and other securities, special assessments, and general taxes; to amend chapter 244 of NRS, relating to county government, by adding new sections designated as the County Improvements Law; concerning local improvements of counties, including but not limited to the construction and other acquisition of such improvements, the creation of districts in connection therewith, and the levy and collection of special assessments; specifying powers, duties, rights, privileges, liabilities and limitations and prescribing other details in connection therewith; making provisions pertaining thereto and relating to finances, loans, bonds and other securities, special assessments, and general taxes; ratifying proceedings and actions previously taken; repealing acts in conflict herewith; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 21 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 109, inclusive, of this act.
Sec. 2. This chapter shall be known as the Consolidated Local Improvements Law.
Sec. 3. 1. This chapter shall apply:
(a) To any unincorporated city or unincorporated town.
(b) To any incorporated city or any incorporated town, whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to section 1 or 8 of article 8 of the constitution of the State of Nevada, or otherwise, except to the extent that the legislature of the state cannot constitutionally and validly modify the government and powers of any such municipality by the adoption of this chapter.
κ1965 Statutes of Nevada, Page 1349 (CHAPTER 501, SB 80)κ
2. Nothing herein contained shall prevent any act or charter appertaining to any municipality or other subdivision of the state to which this chapter does not apply by the terms hereof form adopting the provisions hereof as from time to time amended, or otherwise, by expressed reference therein to the provisions hereof.
Sec. 4. It is hereby declared as a matter of legislative determination:
1. That providing for municipalities to which this chapter appertains the purposes, powers, duties, rights, disabilities, privileges, liabilities and immunities herein provided will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada.
2. That the acquisition, improvement, equipment, maintenance and operation of any project herein authorized is in the public interest, is conducive to the public welfare, and constitutes a part of the established and permanent policy of the State of Nevada.
3. That the necessity for this chapter is a result of the large population growth and intense residential, commercial and industrial development in the incorporated and unincorporated areas of portions of the state and of the ensuing need for extensive local improvements therein.
4. That the legislature recognizes the duty of municipalities as instruments of state government to meet adequately the needs for such facilities within their boundaries, in cooperation with the state, counties and districts within the state.
5. That for the accomplishment of these purposes, the provisions of this chapter shall be broadly construed, and the rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter.
6. That the notices herein provided are reasonably calculated to inform each interested person of his legally protected rights.
7. That the rights and privileges herein granted and the duties, disabilities and liabilities herein provided comply in all respects with any requirement or limitation imposed by any constitutional provision.
Sec. 5. The action and decision of a municipalitys governing body as to all matters passed upon by it in relation to any action, matter or thing provided herein shall in the absence of fraud be prima facie evidence of its correctness.
Sec. 6. Except where the context otherwise requires, the definitions in sections 7 to 53, inclusive, govern the construction of this chapter.
Sec. 7. Acquisition or acquire means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, any public body or person, endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized.
Sec. 8. Assessable property means the tracts of land specially benefited by any project the cost of which is wholly or partly defrayed by the municipality by the levy of assessments, except any tract owned by the Federal Government, the municipality or any other public body, in the absence of its consent to the assessment of any tract so owned, and except any street or other public right-of-way.
κ1965 Statutes of Nevada, Page 1350 (CHAPTER 501, SB 80)κ
in the absence of its consent to the assessment of any tract so owned, and except any street or other public right-of-way.
Sec. 9. Assessment or assess means a special assessment, or the levy thereof, against any tract specially benefited by any project, to defray wholly or in part the cost of the project, which assessment shall be made on a front foot, zone, area or other equitable basis, as may be determined by the governing body, but in no event shall any assessment exceed the estimated maximum special benefits to the tract assessed or its reasonable market value, as determined by the governing body, as provided in section 74 hereof.
Sec. 10. Assessment lien means a lien on a tract created by ordinance of the municipality to secure the payment of an assessment levied against that tract, as provided in section 86 hereof.
Sec. 11. Assessment unit means a unit or quasi-improvement district designated by the governing body for the purpose of petition, remonstrance and assessment, in the case of a combination of projects pursuant to section 60 hereof.
Sec. 12. (There is no section 12.)
Sec. 13. Clerk means the city clerk, county clerk, secretary or other officer of the municipality upon whom is delegated by law general responsibility for the maintenance of the records of the municipality.
Sec. 14. Condemnation or condemn means the acquisition by the exercise of the power of eminent domain of property for any facilities, other property, project, or an interest therein, herein authorized. A municipality may exercise in the state the power of eminent domain, either within or without the municipality, and, in the manner provided by law for the condemnation of private property for public use, may take any property necessary to carry out any of the objects or purposes hereof, whether such property be already devoted to the same use by any corporate district or other public body, or otherwise, and may condemn any existing works or facilities in the municipality now or hereafter used. The power of eminent domain vested in the governing body shall include the power to condemn, in the name of the municipality, either the fee simple or any lesser estate or interest in any real property which the governing body by resolution shall determine is necessary for carrying out the purposes hereof. Such resolution shall be prima facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.
Sec. 15. Cost, or cost of the project, or words of similar import, means all or any part designated by the governing body of the cost of any facilities, project, or interest therein, being acquired, which cost, at the option of the governing body may include all or any part of the incidental costs pertaining to the project, including without limiting the generality of the foregoing, preliminary expenses advanced by the municipality from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, assessment plats, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the levy of assessments, the issuance of securities, the filing or recordation of instruments, the discounting of bonds, interest on interim warrants, the levy and collection of assessments and installments thereof, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the governing body.
κ1965 Statutes of Nevada, Page 1351 (CHAPTER 501, SB 80)κ
of options, the levy of assessments, the issuance of securities, the filing or recordation of instruments, the discounting of bonds, interest on interim warrants, the levy and collection of assessments and installments thereof, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the governing body.
Sec. 16. County means any county in the state.
Sec. 17. County assessor means the county assessor of the county in which the municipality proceeding hereunder is located; and if any such municipality is located in more than one county, county assessor means each county assessor of each county in which such municipality is located.
Sec. 18. County treasurer means the county treasurer of each such county.
Sec. 19. Curb and gutter project means any curbs and gutters acquired or improved and appertaining to sidewalks or streets, or both, and all appurtenances and incidentals, including real and other property therefor.
Sec. 20. Drainage project means any natural and artificial watercourses, wells, ditches, lakes, reservoirs, revetments, canals, levees, dikes, walls, embankments, bridges, sewers, culverts, syphons, sluices, flumes, ponds, dams, retarding basins, and other water diversion and storage facilities, pumping stations, stream gauges, rain gauges, flood warning service and appurtenant telephone, telegraph, radio and television service, and all appurtenances and incidentals necessary, useful or desirable for any such facilities (or any combination thereof), including real and other property therefor.
Sec. 21. Engineer means the municipal engineer or any competent engineer or firm of engineers employed by the municipality in connection with any facility, property, project or power herein authorized.
Sec. 22. Equipment or equip means the furnishing of all necessary or desirable, related or appurtenant facilities, or any combination thereof, appertaining to any facilities, property, project, or interest therein, herein authorized.
Sec. 23. Federal Government means the United States of America, or any agency, instrumentality or corporation thereof.
Sec. 24. Governing body means the city council, city commission, board of commissioners, board of trustees, board of directors, or other legislative body of the public body proceeding hereunder in which body the legislative powers of the public body are vested.
Sec. 25. Hereby, herein, hereinabove, hereinafter, hereinbefore, hereof, hereto and hereunder refer to this Consolidated Local Improvements Law and not solely to the particular portion thereof in which such word is used.
Sec. 26. Improvement or improve means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized.
Sec. 27. Improvement district means the geographical area within the municipality designated and delineated by the governing body, in which improvement district is located the facilities or project, or an interest therein, the cost of which is to be defrayed wholly or in part by the levy of special assessments, and is located each tract to be assessed therefor.
κ1965 Statutes of Nevada, Page 1352 (CHAPTER 501, SB 80)κ
within the municipality designated and delineated by the governing body, in which improvement district is located the facilities or project, or an interest therein, the cost of which is to be defrayed wholly or in part by the levy of special assessments, and is located each tract to be assessed therefor. An improvement district may consist of noncontiguous areas. Improvement districts shall be designated by consecutive numbers or in some other manner to identify separately each such district in the municipality.
Sec. 28. Mailed notice or notice by mail means the giving by the engineer, clerk, or any deputy thereof, as determined by the governing body, of any designated written or printed notice addressed to the last-known owner or owners of each tract being assessed or other designated person at his or their last-known address or addresses by deposit, at least 20 days prior to the designated hearing or other time or event, in the United States mails, postage prepaid as first-class mail. The names and addresses of such property owners shall be obtained from the records of the county assessor or from such other source or sources as the clerk or the engineer deems reliable. Any list of such names and addresses appertaining to any improvement district may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals. Any mailing of any notice herein required shall be verified by the affidavit or certificate of the engineer, clerk, the deputy, or other person mailing the notice, which verification shall be retained in the records of the municipality at least until all assessments and bonds appertaining thereto have been paid in full, or any claim is barred by a statute of limitations. Such affidavit of mailing shall be prima facie evidence of the mailing of such notice in accordance with the requirements of this section.
Sec. 29. Member means a councilman, alderman, commissioner, trustee, director or other member of a governing body.
Sec. 30. Municipality means any unincorporated city, unincorporated town, incorporated city or incorporated town in the state, whether incorporated or governed under a general act, special legislative act or special charter of any type, except as provided in section 3 hereof. Municipal pertains thereto.
Sec. 31. Offstreet parking project means parking facilities for the parking of motor vehicles off the public streets, including graded, regraded, graveled, oiled, surfaced, macadamized, paved, curbed, guttered, drained and sidewalked sites therefor, driveways, ramps, structures, buildings, elevators, traffic control equipment, and all appurtenances and incidentals necessary, useful or desirable for offstreet parking facilities (or any combination thereof), including real and other property therefor.
Sec. 32. Overpass project means any bridge, viaduct, or other structure or facilities for the transportation of pedestrians, motor and other vehicles and utility lines, over any street, stream, railroad tracks, and any other way or place, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such overpass (or any combination thereof), including real and other property therefor.
κ1965 Statutes of Nevada, Page 1353 (CHAPTER 501, SB 80)κ
retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such overpass (or any combination thereof), including real and other property therefor.
Sec. 33. Park project means real property, facilities and equipment for parks, including without limitation graded, regraded, graveled, surfaced, drained, cultivated and otherwise improved sites therefor, and other recreational facilities, and all appurtenances and incidentals necessary, useful or desirable for any such park property, facilities and equipment.
Sec. 34. Person means any human being, association, partnership firm or corporation, excluding any public body and the Federal Government.
Sec. 35. Posting means posting in three public places at or near the site of the project designated at least 20 days prior to the designated hearing or other time or event.
Sec. 36. Project means any structure, facility, undertaking or system which a municipality is herein authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property.
Sec. 37. Property means real property and personal property.
Sec. 38. Public body means the State of Nevada, or any agency, instrumentality, or corporation thereof, or any municipality, county, school district, other type district, or any other subdivision of the state excluding the Federal Government.
Sec. 39. Publication or publish means publication in at least one newspaper of general circulation in the municipality and published at least once a week. Except as herein otherwise expressly provided or necessarily implied, publication or publish also means publication for at least once a week for 3 consecutive weeks by 3 weekly insertions, the first publication being at least 15 days prior to the designated time or event. Unless otherwise so stated, it shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days shall intervene between the first publication and the last publication. Any publication herein required shall be verified by the affidavit of the publisher and filed with the clerk.
Sec. 40. Real property means:
1. Land, including land under water.
2. Buildings, structures, fixtures and improvements on land.
3. Any property appurtenant to or used in connection with land.
4. Every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.
Sec. 41. Sanitary sewer project means facilities appertaining to a municipal sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil, and industrial wastes, including without limitation a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, waterlines, sewerlines, conduits, ditches, pipes, and transmission lines, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof), including real and other property therefor.
κ1965 Statutes of Nevada, Page 1354 (CHAPTER 501, SB 80)κ
wastes, solid wastes, night soil, and industrial wastes, including without limitation a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, waterlines, sewerlines, conduits, ditches, pipes, and transmission lines, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof), including real and other property therefor.
Sec. 42. Sidewalk project means any sidewalk, including without limitation graded, regraded, graveled, surfaced, macadamized and paved pedestrian rights-of-way, artificial lights and lighting equipment, and all appurtenances and incidentals (or any combination thereof), including real and other property therefor.
Sec. 43. State means the State of Nevada, or any agency, instrumentality or corporation thereof.
Sec. 44. Storm sewer project means facilities appertaining to a municipal storm sewer system for the collection, interception, transportation and disposal of rainfall and other storm waters, including without limitation inlets, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, waterlines, sewerlines, canals, pipes, transmission lines, natural and artificial watercourses, wells, ditches, reservoirs, revetments, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the collection, interception, transportation and disposal of rainfall and other storm waters (or any combination thereof), including real and other property therefor.
Sec. 45. Street means any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, but excluding a sidewalk designed primarily for use by pedestrians.
Sec. 46. Street project means any street, including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, driveway approaches, curb cuts, curbs, gutters, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, artificial lights and lighting equipment, parkways, grade separators, traffic separators and traffic control equipment, and all appurtenances and incidentals (or any combination thereof), including real and other property therefor.
Sec. 47. Taxes means general (ad valorem) taxes pertaining to any project herein authorized.
Sec. 48. Tract means any tract, lot or other parcel of land for assessment purposes, whether platted or unplatted, regardless of lot or land lines. Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description.
κ1965 Statutes of Nevada, Page 1355 (CHAPTER 501, SB 80)κ
Sec. 49. Treasurer means the city treasurer, county treasurer, or other officer of the municipality upon whom is delegated by law general responsibility for the maintenance of the moneys and other funds of the municipality.
Sec. 50. Underpass project means any tunnel, tube or other structure or facilities for the transportation of pedestrians, motor and other vehicles, and utility lines, under any street, stream, railroad tracks, and any other way or place, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such underpass (or any combination thereof), including real and other property therefor.
Sec. 51. Water project means facilities appertaining to a municipal water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, other raw water sources, basin cribs, dams, reservoirs, towers, other storage facilities, pumping plants and stations, filter plant, purification system, water treatment facilities, powerplant, waterworks plant, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, ditches, water transmission and distribution mains, pipes, lines, laterals, and service pipes, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the acquisition, transportation, treatment, purification and distribution of potable water or untreated water for domestic, commercial and industrial use and irrigation (or any combination thereof), including real and other property therefor.
Sec. 52. For the purpose of computing any period of time prescribed herein, including but not limited to publications, the day of the first publication, other act or designated time shall be excluded, and the day of the last publication, other act or designated time shall be included.
Sec. 53. Whenever such construction is applicable, words used herein importing singular or plural number may be construed so that one number includes both; and words importing masculine gender shall be construed to apply to the feminine gender as well; but these rules of construction shall not apply to any part hereof containing express provisions excluding such construction or where the subject matter or context is repugnant thereto.
Sec. 54. The governing body of a municipality, upon behalf of the municipality and in its name, without any election, shall have power from time to time to acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:
1. A curb and gutter project;
2. A drainage project;
3. An offstreet parking project;
4. An overpass project;
5. A park project;
κ1965 Statutes of Nevada, Page 1356 (CHAPTER 501, SB 80)κ
6. A sanitary sewer project;
7. A sidewalk project;
8. A storm sewer project;
9. A street project;
10. An underpass project; and
11. A water project;
Sec. 55. The governing body of any municipality, upon behalf of the municipality and in its name, for the purpose of defraying all the cost of acquiring or improving, or acquiring and improving, any project herein authorized, or any portion of the cost thereof not to be defrayed with moneys available therefor from the general fund, any special fund, or otherwise, shall have power hereunder:
1. To levy assessments against assessable property within the municipality and to cause the assessments so levied to be collected.
2. To levy from time to time and cause to be collected taxes against all taxable property within the municipality, without limitation as to rate or amount, except for the limitation in section 2 of article 10 of the constitution of the State of Nevada, to pay the principal of and interest on bonds to the extent assessments are insufficient therefor.
3. To pledge the proceeds of any assessments and taxes levied hereunder to the payment of special assessment bonds and to create liens on such proceeds to secure such payments.
4. To issue special assessment bonds as herein provided.
5. To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted herein, or in the performance of the municipalitys covenants or duties or in order to secure the payment of its bonds, provided no encumbrance, mortgage or other pledge of property (excluding any money) of the municipality is created thereby, and provided no property (excluding money) of the municipality is liable to be forfeited or taken in payment of such bonds.
Sec. 56. The procedure for acquiring or improving or acquiring and improving any project can be initiated in one of the following ways:
1. Provisional order method; or
2. Petition method.
Sec. 57. 1. Whenever the governing body shall be of the opinion that the interest of the municipality requires any project, the government body, by resolution, shall direct the engineer to prepare:
(a) Preliminary plans showing:
(1) A typical section of the contemplated improvement.
(2) The type or types of material, approximate thickness and wideness.
(3) A preliminary estimate of the cost of the project, including incidental costs.
(b) An assessment plat showing:
(1) The area to be assessed.
(2) The amount of maximum benefits estimated to be assessed against each tract in the assessment area.
2. The resolution may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction.
κ1965 Statutes of Nevada, Page 1357 (CHAPTER 501, SB 80)κ
of construction. The estimate may be made in a lump sum or by unit prices, as to such engineer may seem most desirable for the improvement complete in place.
3. The resolution shall describe the project in general terms.
4. The resolution shall state:
(a) What part or portion of the expense thereof is of special benefit and therefore shall be paid by assessments.
(b) What part, if any, has been or is proposed to be defrayed with moneys derived from other than the levy of assessments.
(c) The basis by which the cost will be apportioned and assessments levied.
5. In case the assessment is not to be made according to front feet, the resolution shall:
(a) By apt description designate the improvement district, including the tracts to be assessed.
(b) Describe definitely the location of the project.
(c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.
6. In case the assessment is to be upon the abutting property upon a frontage basis, it shall be sufficient for the resolution so to state and to define the location of the project to be made.
7. It shall not be necessary in any case to describe minutely in the resolution each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.
8. The engineer shall forthwith prepare and file with the clerk:
(a) The preliminary plans; and
(b) The assessment plat.
9. Upon the filing of the plans and plat, the governing body shall examine the same; and if the plans and plat be found to be satisfactory, the governing body shall make a provision order by resolution to the effect that such project shall be acquired or improved, or both acquired and improved.
Sec. 58. Whenever the owner or owners of lands to be assessed for not less than 90 percent of the entire cost of any project, including all incidental expenses, constituting at least 66 2/3 percent in frontage, in area or other property basis used for the computation of assessments as therein provided, as the case may be, by written petition, initiates the acquisition of any project which the governing body is authorized to initiate, subject to the following limitations:
1. The governing body may incorporate such project in any improvement district or districts.
2. The governing body need not proceed with the acquisition of any such project or any part thereof after holding a hearing thereon, pursuant to section 62 hereof, and all provisions thereof thereunto enabling, if the governing body shall determine that it is not for the public interest that the proposed project, or a part thereof, be then ordered to be made.
3. Any particular kind of project, or any material therefor, or any part thereof, need not be acquired or located, as provided in the petition, if the governing body shall determine that such is not for the public interest.
κ1965 Statutes of Nevada, Page 1358 (CHAPTER 501, SB 80)κ
part thereof, need not be acquired or located, as provided in the petition, if the governing body shall determine that such is not for the public interest.
4. The governing body need not take any proceedings or action upon receiving any such petition, if the governing body shall thereupon determine by resolution that the acquisition of the designated project probably is not feasible for a reason or reasons stated in such resolution, and if the resolution requires a cash deposit or a pledge of property in at least an amount or value therein designated and found therein by the governing body probably to be sufficient to defray the expenses and costs incurred by the municipality taken preliminary to and in the attempted acquisition of the project designated in the petition, and if such deposit or pledge is not made with the treasurer within 20 days after one publication in a newspaper of general circulation in the municipality of a notice of the resolutions adoption and of its content in summary form. An additional deposit or pledge may from time to time similarly so required as a condition precedent to the continuation of action by the municipality. Whenever such deposit or pledge is so made and thereafter the governing body shall determine that such acquisition is not feasible within a reasonable period of time, the governing body may require that all or any portion of the costs theretofore incurred in connection therewith by the municipality after its receipt of the petition shall be defrayed from such deposit or the proceeds of such pledged property in the absence of such defrayment of costs by petitioners or other interested persons within 20 days after the determination by resolution of the amount so to be defrayed and after such published notice thereof.
Sec. 59. Upon the filing of such a petition, the governing body shall proceed in the same manner as is provided for hereby where proceedings are initiated by the governing body, except as otherwise expressly provided or necessarily implied in section 58 hereof.
Sec. 60. 1. More than one project may be combined in one improvement district when the governing body determines such projects may be combined together in an efficient and economical improvement district.
2. If in the combination of projects, they shall be separate and distinct by reason of substantial difference in their character or location, or otherwise, each such project shall be considered as a unit or quasi-improvement district for the purpose of petition, remonstrance and assessment.
3. In case of such combination, the governing body shall designate the project and area constituting each such unit, and in the absence of an arbitrary and unreasonable abuse of discretion, its determination that there is or is not such a combination and its determination of the project and area constituting each such unit shall be final and conclusive.
4. The costs of acquiring or improving each such project shall be segregated for the levy of assessments and an equitable share of the incidental costs shall be allocated to each such unit.
Sec. 61. 1. Any estimate of cost required or authorized herein shall not constitute a limitation upon such cost nor a limitation upon the rights and powers of the governing body or of any officers, agents or employees of the municipality, except as herein otherwise expressly stated.
κ1965 Statutes of Nevada, Page 1359 (CHAPTER 501, SB 80)κ
rights and powers of the governing body or of any officers, agents or employees of the municipality, except as herein otherwise expressly stated.
2. No assessment, however, shall exceed the amount of the estimate of maximum special benefits to the tract assessed from any project.
Sec. 62. 1. In the provisional order the governing body shall set a time at least 20 days thereafter and place at which the owners of the tracts to be assessed, or any other persons interested therein, may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered.
2. Notice shall be given:
(a) By publication.
(b) By mail.
(c) By posting.
3. Proof of publication shall be by affidavit of the publisher.
4. Proof of mailing and proof of posting shall be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
5. Proof of publication, proof of mailing and proof of posting shall be maintained in the records of the municipality until all the assessments appertaining thereto shall have been paid in full, principal, interest, any penalties, and any collection costs.
6. The notice shall describe:
(a) The kind of project or projects proposed (without mentioning minor details or incidentals).
(b) The estimated cost of the projects, or the estimated total amount of projects, and the part or portion, if any, to be paid from sources other than assessments.
(c) The basis for apportioning the assessments, which assessments shall be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.
(d) The number of installments and time in which the assessments will be payable.
(e) The maximum rate of interest on unpaid installments of assessments.
(f) The extent of the improvement district to be assessed (by boundaries or other brief description).
(g) The time and place when and where the governing body will consider the ordering of the proposed projects and hear all complaints, protests and objections that may be made in writing and filed with the clerk of the municipality at least 3 days prior thereto, or verbally at the hearing, concerning the same, but the owner of any tract to be assessed or any person interested.
(h) The fact that the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be seen and examined at the office of the clerk during business hours, at any time, by any person so interested.
(i) The fact, in general terms, that unless there be no substantial change, a substantial change in certain existing street elevations or grades will result from the project or projects proposed, without necessarily including any statement in detail of the extent or location of any such change.
κ1965 Statutes of Nevada, Page 1360 (CHAPTER 501, SB 80)κ
change, a substantial change in certain existing street elevations or grades will result from the project or projects proposed, without necessarily including any statement in detail of the extent or location of any such change.
7. The notice shall also state:
(a) That regardless of the basis used for apportioning assessments, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
(b) That if, within the time specified in the notice, complaints, protests and objections in writing, i.e., all written remonstrances, against acquiring or improving the project proposed by initiation of the governing body shall be filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein shall not be acquired or improved:
(1) Except in the case the municipality shall pay one-half or more of the total cost of any project other than a park project as defined in section 33 of this act with funds derived from other than the levy of assessments; or
(2) Except in the case of any project authorized hereunder constituting not more than 1,320 feet (including intersections) remaining unimproved in any street (including an alley) between improvements already made to the same street, in which case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved and the improvements shall not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion, shall deem such written complaints, protests and objections proper to cause the improvement to be stayed or prevented; provided, that at least 50 percent of the total number of tracts of property to be assessed for the improvements to the unimproved part of the street shall contain a permanent structure or building, or any other type of improvement of a permanent nature.
8. Nothing herein contained shall be construed as requiring the notice to state either or both exceptions stated in subparagraphs (1) and (2), of paragraph (b) of subsection 7 of this section 62, unless either or both exceptions are determined by the governing body to be relevant to the proposed improvement district to which the notice appertains.
9. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body at any time prior to the passage of the ordinance adopted pursuant to section 66 hereof, creating the improvement district, and authorizing the project.
10. No substantial change in the improvement district, details, preliminary plans or specifications or estimates shall be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
κ1965 Statutes of Nevada, Page 1361 (CHAPTER 501, SB 80)κ
and property from the proposed program and improvement district or any assessment unit.
11. The engineer, however, shall have the right to make minor changes in time, plans and materials entering into the work at any time before its completion.
Sec. 63. 1. On the date and at the place fixed for such hearing any and all property owners interested in such project may, by written complaints, protests or objections, present their views in respect to the proposed projects to the governing body, or present them orally, and the governing body may adjourn the hearing from time to time.
2. After the hearing has been concluded, after all written complaints, protests and objections have been read and duly considered, and after all persons desiring to be heard in person have been heard, the governing body shall consider the arguments, if any, and any other relevant material put forth.
3. Thereafter, if the governing body shall determine that it is not for the public interest that the proposed project, or a part thereof, be made, the governing body shall make an order by resolution to that effect, and thereupon the proceeding for the project, or the part thereof, determined against by such order, shall stop and shall not be begun again until the adoption of a new resolution.
4. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings or instruments taken, adopted or made prior to the date of the hearing shall be deemed waived unless presented in writing at the time and in the manner herein specified.
Sec. 64. Any person filing a written complaint, protest or objection as provided in section 63 hereof, shall have the right, within 60 days after the governing body has finally passed on such complaint, protest or objection by resolution as provided in subsection 3 of section 63 hereof, or by ordinance as provided in subsection 1 of section 66 hereof, to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination, but thereafter all actions or suits attacking the validity of the proceedings and the amount of benefits shall be perpetually barred.
Sec. 65. 1. After the hearing, after the governing body has disposed of all complaints, protests and objections, verbal and in writing, and after the governing body has determined that there exists either or both exceptions stated in subparagraphs (1) and (2) of paragraph (b) of subsection 7 of section 62 hereof, or that there were not filed with the clerk complaints, protests and objections in writing and signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as stated in the provisional order, of the tracts to be assessed in the improvement district or in the assessment unit, if any, and the governing body has jurisdiction to proceed, the governing body shall determine whether to proceed with the improvement district, and with each assessment unit, if any, except as otherwise provided.
2. If the governing body desires to proceed and desires any modification, by motion or resolution it shall direct the engineer to prepare and present to the governing body:
κ1965 Statutes of Nevada, Page 1362 (CHAPTER 501, SB 80)κ
(a) A revised and detailed estimate of the total cost, including, without limiting the generality of the foregoing, the cost of acquiring or improving each proposed project and of each of the incidental costs, which revised estimate shall not constitute a limitation for any purpose.
(b) Full and detailed plans and specifications for each proposed project designed to permit and encourage competition among the bidders, if any project is to be acquired by construction contract.
(c) A revised map and assessment plat showing respectively, the location of each project and the tracts to be assessed therefor, not including any area or project not before the governing body at a provisional order hearing.
3. That resolution, a separate resolution, or the ordinance creating the improvement district may combine or divide the proposed project or projects into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any project constituting an assessment unit and regardless of whether a portion or none of the cost of any project is to be defrayed other than by the levy of special assessments.
4. Nothing, however herein contained shall be construed as not requiring the segregation of costs of unrelated projects for assessment purposes as herein provided.
Sec. 66. 1. When an accurate estimate of cost, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the governing body, it shall, by ordinance, create the district and order the proposed project or projects to be acquired or improved.
2. The ordinance shall prescribe:
(a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.
(b) The kind an location of each project proposed (without mentioning minor details).
(c) The amount or proportion of the total cost to be defrayed by assessments, the method levying assessments, the number of installments and the times in which the costs assessed will be payable.
(d) The character and extent of any construction units.
3. The engineer may further revise such cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended prior to letting any construction contract therefor and prior to any work being done other than by independent contract let by the municipality.
4. The ordinance, as amended, if amended, shall order the work to be done as hereinafter provided.
Sec. 67. 1. Any construction work for any project shall be done in any one or more of the following three ways:
(a) By independent contract.
(b) By use of municipally owned or leased equipment and municipal officers, agents and employees.
(c) By another public body or the Federal Government acquiring or improving a project or any interest therein which is herein authorized, which results in general benefits to the municipality and in special benefits to the assessable property being assessed therefor by the municipality within its boundaries.
κ1965 Statutes of Nevada, Page 1363 (CHAPTER 501, SB 80)κ
benefits to the assessable property being assessed therefor by the municipality within its boundaries.
2. Any project or any interest therein not involving construction work appertaining to a capital improvement may be acquired or improved pursuant to any appropriate contract, or otherwise, including, without limiting the generality of the foregoing, the condemnation or other acquisition of real property. In such case nothing herein in subsection 1 of this section 67 nor in sections 68 to 70, inclusive, hereof shall be applicable.
3. Notwithstanding a project herein authorized or any interest therein may not be owned by a municipality nor be directly acquired or improved, nor the costs thereof directly incurred, by a municipality, and notwithstanding the project herein authorized or any interest therein may be located on land, an easement or other interest therein, or other real property owned by the Federal Government or a public body other than the municipality, the municipality shall have the power:
(a) To acquire or improve, or both acquire and improve, or to cooperate in the acquisition or improvement of, or both the acquisition and improvement of, the project, or any interest therein, with the Federal Government or any public body (other than the municipality), pursuant to agreement between or among the municipality and such other bodies corporate and politic, so long as the project or the interest therein acquired or improved, or both acquired and improved, results in general benefits to the municipality and in special benefits to the assessable property being assessed therefor by the municipality within its boundaries.
(b) To levy special assessments on such assessable property to defray all or any part of the costs of the project or any interest therein, or to defray all or any part of the municipalitys share of such costs if all costs are not being defrayed by the municipality.
(c) To issue bonds and to exercise other powers herein granted and appertaining to such acquisition or improvement, or both.
Sec. 68. 1. No contract for doing construction work for acquiring or improving the project contemplated shall be made or awarded, nor shall the governing body incur any expense or liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications and notices, until after the provisional order hearing and notice thereof provided for herein have been given and had.
2. Nothing contained in this section shall be construed as preventing the governing body from advertising by publication for proposals for doing the work whenever the governing body sees fit, but the contract shall not be made or awarded before the time stated in subsection 1.
3. In the case of construction work done by independent contract for any project, or portion thereof, in any improvement district, the municipality shall request competitive bids and publish notice stating that bids will be received at a time and place designated therein.
4. The municipality may contract only with the responsible bidder submitting the lowest bid upon proper terms.
5. The municipality shall have the right to reject any and all bids and to waive any irregularity in the form of any bid.
κ1965 Statutes of Nevada, Page 1364 (CHAPTER 501, SB 80)κ
6. Any contract may be let on a lump sum or on a unit basis.
7. No contract may be entered into for such work unless the contractor shall give an undertaking with a sufficient surety or sureties approved by the governing body and in an amount fixed by it for the faithful performance of the contract and for payment of the contract.
8. Upon default in the performance of any contract, any designated official, as directed by motion of the governing body, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.
9. All contracts shall provide among other things that the person entering into the contract with the municipality will pay for all materials furnished and labor and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain an action to recover for the same against the obligor in the undertaking as though the person was named therein.
10. If any contract or agreement shall be made in violation of the provisions of this section, it shall be voidable, and no action shall be maintained thereon by any party thereto against the municipality.
11. To the extent the municipality makes any payment thereunder, such a contract or agreement shall be valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the municipality elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.
12. The governing body, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeping of the same in repair, and providing for any further matter or thing in connection therewith, as may be considered by the governing body to be advantageous to the municipality and to all interested.
Sec. 69. 1. In the case of construction work done by the use of municipally owned or leased equipment and municipal officers, agents and employees for any project, or portion thereof, in any improvement district, supplies and materials may be purchased or otherwise acquired therefor.
2. All supplies and materials purchased by the municipality for any improvement district costing $500 or more shall be purchased only after the municipality has given notice by publication therefor.
3. The municipality shall accept the lowest bid, kind, quality and material being equal, but the municipality shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid when so stated in the invitation to bid.
4. The provision as to bidding does not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer.
Sec. 70. 1. In the case of construction work done by agreement with one or more public bodies or the Federal Government, or both, for any project, or portion thereof, in any improvement district, the municipality may enter into and carry out any contract or establish or comply with the rules and regulations concerning labor and materials and other related matters in connection with any project or portion thereof as the municipality may deem desirable or as may be requested by the Federal Government or any public body other than the municipality which other public body is a party to any such contract with the municipality, that may assist in the financing of any project or any part thereof, regardless of whether the municipality is a party to any construction contract or other contract appertaining to incurring costs of the project.
κ1965 Statutes of Nevada, Page 1365 (CHAPTER 501, SB 80)κ
any project, or portion thereof, in any improvement district, the municipality may enter into and carry out any contract or establish or comply with the rules and regulations concerning labor and materials and other related matters in connection with any project or portion thereof as the municipality may deem desirable or as may be requested by the Federal Government or any public body other than the municipality which other public body is a party to any such contract with the municipality, that may assist in the financing of any project or any part thereof, regardless of whether the municipality is a party to any construction contract or other contract appertaining to incurring costs of the project.
2. Any project or projects, any portion of the cost of which may be defrayed by the municipality by the levy of special assessments hereunder, may be acquired with the cooperation and assistance of, or under a contract or contracts let by, or with labor, or supplies and materials, or all of such furnished by, any one or more such public bodies or the Federal Government, or both.
3. Advantage may be taken of any offer from any source to complete any project or projects on a division of expense or responsibility.
4. The engineer on behalf of and in the name of the municipality is authorized to acquire or improve any such project or projects in such a manner, when so authorized by the ordinance creating the improvement district or any amendment thereto.
Sec. 71. After the provisional order hearing and at the time of the passage of the ordinance creating any improvement district and any projects for the improvement district, or any amendment thereof, if any tract or any railway company to be assessed in the improvement district has the whole or any part of the proposed projects, conforming to the general plan, the same may be adopted in whole or in part, or may be changed to conform to the general plan, if deemed practical, and the owner of such real estate shall, when the assessment is made, be credited with the amount which is saved by reason of adapting or adopting such existing improvements.
Sec. 72. 1. For the purpose of paying any contractor or otherwise defraying any costs of the project as the same become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the governing body may issue interim warrants.
2. Any interim warrants issued for any construction work shall be issued only upon estimates of the engineer.
3. Any interim warrants shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding 7 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the governing body may determine.
4. Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the governing body pledges the full faith and credit of the municipality, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.
κ1965 Statutes of Nevada, Page 1366 (CHAPTER 501, SB 80)κ
faith and credit of the municipality, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.
Sec. 73. 1. After the making of any construction contract, or after the determination of the net cost to the municipality, but not necessarily after the completion of the project, the governing body, by resolution, shall:
(a) Determine the cost of the project to be paid by the assessable property in the improvement district.
(b) Order the engineer to make out an assessment roll containing, among other things:
(1) The name of each last-known owner of each tract to be assessed, or if not known, that the name is unknown.
(2) A description of each tract to be assessed, and the amount of the proposed assessment thereon, apportioned upon the basis for assessments stated in the provisional order for the hearing on the project.
(c) Cause a copy of the resolution to be furnished by the clerk to the engineer.
2. In fixing the amount or sum of money that may be required to pay the costs of the project, the governing body need not necessarily be governed by the estimates of the costs of such project provided for herein, but the governing body may fix such other sum, within the limits prescribed, as it may deem necessary to cover the cost of such project.
3. If by mistake or otherwise any person is improperly designated in the assessment roll as the owner of any tract, or if the same is 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 tract as though assessed in the name of the owner thereof; and when the assessment roll has been confirmed, such assessment shall become a lien on such tract and be collected as provided by law.
Sec. 74. 1. If the assessment is made upon the basis of frontage, the engineer shall assess each tract with such relative portion of the whole amount to be levied as the length of front of such premises bears to the whole frontage of all the tracts to be assessed, and the frontage of all tracts to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the engineer.
2. If the assessment is directed to be according to another basis, the engineer shall assess upon each tract such relative portion of the whole sum to be levied as is proportionate to the estimated benefit according to such basis.
3. Regardless of the basis used, in cases of wedge or V or any other irregularity shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
κ1965 Statutes of Nevada, Page 1367 (CHAPTER 501, SB 80)κ
4. No assessment shall exceed the amount of the estimate of maximum special benefits to the tract assessed, as provided in subsection 2 of section 61 hereof.
5. No assessment for any one project shall exceed the reasonable market value of the tract assessed, as determined by the governing body.
6. Any amount which would be assessed against any tract in the absence of both limitations provided in subsections 4 and 5 of this section 74 shall be defrayed by other than the levy of assessments.
Sec. 75. The governing body shall determine what amount or part of every expense shall be charged as an assessment and the tracts upon which the same shall be levied; and as often as the governing body deems it expedient, it shall require all of the several tracts chargeable therewith respectively to be reported by the clerk to the engineer for assessment.
Sec. 76. 1. Upon receiving the copy of the resolution mentioned in section 73 hereof, the engineer shall make an assessment roll and state a proposed assessment therein upon each tract so reported to him, and he shall thereby defray the whole amount or amounts of all charges so directed to be levied upon each of such tracts respectively. When completed, he shall report the assessment roll to the governing body.
2. When any assessment is reported by the engineer to the governing body, as directed in this section, the same shall be filed in the office of the clerk and numbered.
3. Such report shall be signed by the engineer and made in the form of a certificate endorsed on the assessment roll as follows:
(Form of Certificate)
|
STATE OF NEVADA
COUNTY OF............................ |
} |
ss. |
To the (insert City Council, or Board of Commissioners, or other name of governing body) of County, Nevada:
I hereby certify and report that the foregoing is the assessment roll and assessments made by me pursuant to your resolution adopted (give date), for the purpose of paying that part of the cost which you decided should be paid and borne by special assessments for .. Improvement District No. .; that in making such assessments, I have, as near as may be, and according to my best judgment, conformed in all things to the direction contained in your resolution hereinbefore referred to.
.......................................................................
Engineer
Dated , Nevada, , 19
Sec. 77. 1. Upon receiving the assessment roll, the governing body, by resolution, shall:
(a) Fix a time and place when and where complaints, protests and objections that may be made in writing or verbally concerning the same, by the owner of any tract or any person interested, may be heard.
κ1965 Statutes of Nevada, Page 1368 (CHAPTER 501, SB 80)κ
same, by the owner of any tract or any person interested, may be heard.
(b) Order the clerk of the municipality to give notice of the hearing.
2. The clerk of the municipality shall give notice by publication and by mail of the time and place of such hearing, which notice shall also state:
(a) That the assessment roll is on file in his office.
(b) The date of filing the same.
(c) The time and place when and where the governing body will hear all complaints, protests and objections that may be made in writing or verbally to the assessment roll and to the proposed assessments by the parties thereby aggrieved.
(d) That any complaint, protest or objection to the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and the amount thereof levied on each tract, shall be deemed waived unless filed in writing with the clerk of the municipality at least 3 days prior to the assessment hearing.
Sec. 78. 1. At the time and place so designated, the governing body shall hear and determine any written complaint, protest or objection, filed as provided in section 77 hereof, any verbal views expressed in respect to the proposed assessments, assessment roll or assessment procedure, and the governing body may adjourn the hearing from time to time.
2. The governing body, by resolution, shall have power, in its discretion, to revise, correct, confirm or set aside any assessment and to order that such assessment be made de novo.
Sec. 79. 1. After the assessment roll is in final form and is so conformed by resolution, the municipality by ordinance shall, by reference to such assessment roll as so modified, if modified, and as confirmed by such resolution, levy the assessments in the roll.
2. Such decision, resolution and ordinance shall be a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.
3. Such determination by the governing body shall be conclusive upon the owners of the property assessed.
4. The roll, when endorsed by the clerk as the roll designated in the assessment ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Sec. 80. 1. Within the 15 days immediately succeeding the effective date of the assessment ordinance, any person who has filed a complaint, protest or objection in writing, as hereinbefore provided, shall have the right to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination.
2. Thereafter all actions or suits attacking the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract, including, without limiting the generality of the foregoing, the defense of confiscation, shall be perpetually barred.
Sec. 81. (There is no section 81.)
κ1965 Statutes of Nevada, Page 1369 (CHAPTER 501, SB 80)κ
Sec. 82. 1. The cost of improvements in street intersections may be segregated.
2. Such cost, except the share assessable to street or other railway companies, may be assessed upon all frontage of the street improved (excluding an alley) and on intersecting streets within a distance of one-half block in each direction from such intersections, in proportion to the frontage of each lot or tract on the street improved (excluding an alley) or on an intersecting street, or on both within such distance.
3. The cost of the improvement of an alley intersection may be assessed upon the assessable property in the same block extending to the nearest street intersection and half the length of the block along its sides. However where the sides of blocks are of unequal length, the governing body may determine the limit of assessment.
4. In the alternative, the cost of improving street intersections (including alley intersections) may be treated as one of the costs of any project without separately segregating such intersection cost. In such case the total cost of any project shall be assessed as provided in subsections 1, 2 and 3 of this section 82 upon the basis determined without any separate assessment for intersection costs.
Sec. 83. 1. All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the governing body so authorizes the payment of assessments.
3. Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
4. All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the municipality to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.
5. The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The governing body may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding 7 percent of the installment or installments of principal so prepaid.
6. Subject to foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
Sec. 84. 1. Failure to pay any installment, whether principal or interest, when due shall ipso facto cause the whole amount of the unpaid principal to become due and payable immediately at the option of the municipality, the exercise of such option to be indicated by the commencement of foreclosure proceedings.
κ1965 Statutes of Nevada, Page 1370 (CHAPTER 501, SB 80)κ
2. At any time prior to the day of sale, the owner may pay the amount of delinquent installments, with accrued interest, all penalties, and costs of collection accrued, including but not necessarily limited to any attorneys fees, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made.
Sec. 85. 1. In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.
2. Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments due dates shall be payable annually, or semiannually, or quarter-annually, at a rate or rates not exceeding 7 percent per annum.
3. Nothing herein contained shall be construed as limiting the discretion of the governing body in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.
4. The governing body in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the municipality for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.
Sec. 86. 1. The payment of the amount so assessed, including each installment thereof, the interest thereon, and any penalties and collection costs, is secured by an assessment lien upon the tract assessed from the effective date of the assessment ordinance.
2. Each such lien upon each tract assessed shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
3. No statute of limitations shall begin to run against any assessment nor the assessment lien to secure its payment until after the last installment of principal thereof shall become due.
Sec. 87. 1. Should any tract be divided after a special assessment thereon has been levied and divided into installments and before the collection of all the installments, the governing body may require the county assessor to apportion the uncollected amounts upon the several parts of land so divided.
2. The report of such apportionment, when approved, shall be conclusive on all the parties, and all assessments thereafter made upon such tracts shall be according to such subdivision.
κ1965 Statutes of Nevada, Page 1371 (CHAPTER 501, SB 80)κ
Sec. 88. 1. Should any assessment prove insufficient to pay for the project or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund of the municipality.
2. If a greater amount has been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
Sec. 89. 1. Whenever any assessment is, in the opinion of the governing body, invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction adjudges such assessments to be illegal, the governing body shall, whether the improvement has been made or not, 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.
2. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment herein.
Sec. 90. Whenever any sum or part thereof levied upon any tracts in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of the tracts.
Sec. 91. 1. When an assessment is so levied by ordinance and is payable, the governing body shall direct the clerk:
(a) To report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) To require the county treasurer to collect the several sums so assessed as a tax upon the several tracts to which they were assessed.
2. Thereupon the amount so levied in the assessment roll shall be collected in the manner provided in the ordinance levying the assessments, and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner.
3. Such amount shall continue to be a lien upon the tracts assessed until paid, as provided in section 86 hereof.
4. When such amount shall be collected, it shall be credited to the proper funds.
5. Nothing herein shall be construed as preventing the municipality from collecting any assessment by suit in the name of the governing body; and the assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
Sec. 92. 1. Whenever by mistake, inadvertence or for any cause any tract otherwise subject to assessment, within any improvement district, shall have been omitted from the assessment roll for such project, the governing body of the municipality may, upon its own motion or upon the application of the owner of any tract within such improvement district charged with the lien of an assessment for any project, assess the same in accordance with the special benefits accruing to such omitted property by reason of such project, and in proportion to the assessments levied upon other tracts in such improvement district.
κ1965 Statutes of Nevada, Page 1372 (CHAPTER 501, SB 80)κ
property by reason of such project, and in proportion to the assessments levied upon other tracts in such improvement district.
2. In any such case, the governing body shall first pass a resolution setting forth that certain tract therein described was omitted from such assessment, and notifying all persons who may desire to object thereto to appear at a meeting of the governing body at a time specified in such resolution and present their objection thereto, and directing the engineer to report to the governing body at or prior to the date fixed for such hearing the amount which should be borne by each such tract so omitted, which notice resolution shall be published and given by mail to the last-known owner or owners of each such tract.
3. At the conclusion of such hearing or any adjournment thereof, the governing body shall consider the matter as though the tract had been included upon the original roll, and may confirm the same or any portion thereof by ordinance.
4. Thereupon, the assessment or assessments on such roll of each omitted tract shall be collected, the payment of which shall be secured by an assessment lien, as other assessments.
Sec. 93. 1. Whenever the governing body of any municipality within this state has made any contract for any project provided herein or shall hereafter make any assessment against any tract within any improvement district for any purpose authorized herein, and has in making such contract or assessment acted in good faith and without fraud, or shall hereafter act in good faith and without fraud, the contract and assessment shall be valid and enforceable as such, and the assessment shall be a lien upon the tract upon which the same purports to be a lien.
2. It shall be no objection to the validity of such contract, assessment or lien that:
(a) The contract for such project was not awarded in the manner or at the time required hereby, or otherwise.
(b) The assessment was made by an unauthorized officer or person, if the same shall have been confirmed by the authorities of the municipality.
(c) The assessment is based upon an improper basis of benefits to the tract within such improvement district, unless it shall be made to appear that the municipal authorities acted fraudulently or oppressively in making such assessment.
Sec. 94. Whenever any assessment, or installment thereof, shall be paid, or any delinquency therefor be redeemed, or any judgment therefor be paid by any joint owner of any property assessed for any improvement, such joint owner may, after demand and refusal, by an action brought in the district court, recover from each of his coowners the respective amounts of such payment which each such coowner should bear, with interest thereon at 10 percent per annum from the date of such payments, and costs of the action, and the joint owner making such payment shall have a lien upon the undivided interest of his coowners in and to such property from date of such payment.
Sec. 95. Whenever, through error or inadvertence, any person shall pay any assessment, or installment thereof, upon the lands of another, such payor may, after demand and refusal, by an action in the district court, recover from the owner of such lands the amount so paid and costs of the action.
κ1965 Statutes of Nevada, Page 1373 (CHAPTER 501, SB 80)κ
court, recover from the owner of such lands the amount so paid and costs of the action.
Sec. 96. If in any action it appears that the assessment has not been properly made against the defendant, or the tract sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the municipality which is a proper charge against the defendant, or the tract in question, render judgment for the amount properly chargeable against such defendant or upon such tract.
Sec. 97. The governing body shall likewise have power to issue negotiable coupon bonds in an amount not exceeding the total unpaid assessments levied to pay the cost of any project, howsoever acquired, as hereinafter provided.
Sec. 98. If any improvement district bonds, or any deed made pursuant to a foreclosure sale shall recite that the proceedings with reference to making any project have been regularly had in compliance with law, and that all prerequisites to the fixing of the assessment lien against the tract described therein have been performed, such recitals shall be conclusive evidence of the facts so recited.
Sec. 99. 1. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses.
2. Bonds shall first be offered at a public sale, and if no satisfactory bid is then received, such bonds may be sold at private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the governing body, below par at a discount not exceeding 5 percent of the principal amount thereof and at a price which will not result in a net interest cost to the municipality of more than 6 percent per annum computed to maturity according to standard tables of bond values if the maximum or any lesser amount of discount permitted by the governing body shall have been capitalized as a cost of the project.
3. No bond interest rate shall at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the governing body may determine.
4. No discount (except as herein otherwise provided expressly or by necessary implication) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
5. The governing body may employ legal, fiscal, engineering and other expert services in connection with any project herein authorized and the authorization, issuance and sale of bonds.
6. Any accrued interest any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
7. Any unexpended balance of such bond proceeds remaining after the completion of the project for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
κ1965 Statutes of Nevada, Page 1374 (CHAPTER 501, SB 80)κ
8. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
9. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
10. The governing body may enter into a contract to sell special assessments bonds at any time; but, any other provisions hereof notwithstanding, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project, and if the governing body has not elected to proceed under subsection 2 or 3 of section 67 hereof, but has elected to proceed under subsection 1 thereof.
11. If the governing body ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in section 62 hereof, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.
Sec. 100. The assessments, when levied, shall be and remain a lien on the respective tracts of land assessed until paid, as provided herein, and, when collected, shall be placed in a special fund and as such shall at all times constitute a sinking fund for and be deemed specially appropriated to the payment of the assessment bonds and interest thereon, and shall not be used for any other purpose until the bonds and interest thereon are fully paid, except for the assessments paid during the 30-day payment period provided in section 83 hereof and applied directly to the costs of the project.
Sec. 101. 1. If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of the general fund of the municipality.
2. If the general fund shall be insufficient to pay any such deficiency promptly, the governing body shall levy, and it shall be its duty to levy, general (ad valorem) taxes upon all property in the municipality which is by law taxable for state, county and municipal purposes, without regard to any statutory or charter tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
3. Any such tax levy shall enjoy the same priority as provided by NRS 350.250 for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 102. 1. Bonds issued pursuant hereto shall not be a debt of the municipality, and the municipality shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment.
κ1965 Statutes of Nevada, Page 1375 (CHAPTER 501, SB 80)κ
municipality, and the municipality shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment. Assessment bonds shall not be payable out of any funds other than assessments and general tax proceeds.
2. Each such bond issued hereunder shall recite in substance that such bonds and the interest thereon are payable solely from the assessments and general tax proceeds pledged to the payment thereof.
3. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the municipality, except for the assessments and general tax proceeds pledged for the payment of bonds. No property of the municipality, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.
Sec. 103. 1. Any ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof.
2. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
Sec. 104. Assessment bonds shall not bear interest at a rate or rates exceeding 6 percent per annum.
Sec. 105. 1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the governing body, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the governing body in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the governing body may determine, may be issued.
κ1965 Statutes of Nevada, Page 1376 (CHAPTER 501, SB 80)κ
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.
5. Notwithstanding any other provisions of law, the governing body, in any proceedings authorizing bonds hereunder, may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 called bond) aggregating the amount of the entire issue or any portion thereof.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
(d) Make provision in such proceedings for the manner and circumstances in and under which any such bond may in the future at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.
6. If lost or completely destroyed, and bond may be reissued in the form and the tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the governing body:
(a) Proof of ownership.
(b) Proof of loss or destruction.
(c) A surety bond in twice the face amount of the bond and coupons.
(d) Payment of the cost of preparing and issuing the new bond.
7. Any bond shall be executed in the name of and on behalf of the municipality and signed by the mayor, chairman, or other presiding officer of the governing body, countersigned by the treasurer of the municipality, with the seal of the municipality affixed thereto and attested by the clerk.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the treasurer.
9. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature and bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
10. The clerk may cause the seal of the municipality to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
11. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the municipality, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
κ1965 Statutes of Nevada, Page 1377 (CHAPTER 501, SB 80)κ
obligations of the municipality, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
12. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 106. Bonds issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 107. 1. All cases in which there may arise a question of validity of any power herein granted or of any other provision hereof shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment.
2. The courts shall be open at all times for the purposes hereof.
Sec. 108. In any case where a notice is provided for herein, if the governing body or court finds for any reason that due notice was not given, the governing body or court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated, but the governing body or court shall order due notice to be given and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has been properly given in the first instance.
Sec. 109. It shall be legal for the state and any of its agencies, departments or political subdivisions, or any other public body, to invest funds or moneys in the custody thereof in any of the bonds authorized to be issued pursuant to the provisions hereof.
Sec. 110. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 111 to 217, inclusive, of this act.
Sec. 111. Sections 111 to 217, inclusive, of this act, shall be known as the County Improvements Law.
Sec. 112. Sections 111 to 217, inclusive, of this act, shall apply to any county for any project outside of any incorporated city or unincorporated town.
Sec. 113. It is hereby declared a matter of legislative determination:
1. That providing for counties the purposes, powers, duties, rights, disabilities, privileges, liabilities and immunities herein provided will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada.
2. That the acquisition, improvement, equipment, maintenance and operation of any project herein authorized is in the public interest, is conducive to the public welfare, and constitutes a part of the established and permanent policy of the State of Nevada.
3. That the necessity for sections 111 to 217, inclusive, of this act is a result of the large population growth and intense residential, commercial and industrial development in the unincorporated areas of portions of the state and of the ensuing need for extensive local improvements therein.
κ1965 Statutes of Nevada, Page 1378 (CHAPTER 501, SB 80)κ
portions of the state and of the ensuing need for extensive local improvements therein.
4. That the legislature recognizes the duty of counties as instruments of state government to meet adequately the needs for such facilities within their boundaries, in cooperation with the state, municipalities and districts within the state.
5. That for the accomplishment of these purposes, the provisions of sections 111 to 217, inclusive, of this act shall be broadly construed, and the rule that statutes in derogation of the common law are to be strictly construed shall have no application to sections 111 to 217, inclusive, of this act.
6. That the notices herein provided are reasonably calculated to inform each interested person of his legally protected rights.
7. That the rights and privileges herein granted and the duties, disabilities and liabilities herein provided comply in all respects with any requirement or limitation imposed by any constitutional provision.
Sec. 114. The action and decision of a board as to all matters passed upon by it in relation to any action, matter or thing provided herein shall in the absence of fraud be prima facie evidence of its correctness.
Sec. 115. Except where the context otherwise requires, the definitions in sections 116 to 161, inclusive, govern the construction of sections 111 to 217, inclusive, of this act.
Sec. 116. Acquisition or acquire means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, any public body or person, endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized.
Sec. 117. Assessable property means the tracts of and specially benefited by any project the cost of which is wholly or partly defrayed by the county by the levy of assessments, except any tract owned by the Federal Government, the county or any other public body, in the absence of its consent to the assessment of any tract so owned, and except any street or other public right-of-way.
Sec. 118. Assessment or assess means a special assessment, or the levy thereof, against any tract specially benefited by any project, to defray wholly or in part the cost of the project, which assessment shall be made on a front foot, zone, area or other equitable basis, as may be determined by the board, but in no event shall any assessment exceed the estimated maximum special benefits to the tract assessed or its reasonable market value as determined by the board, as provided in section 182 hereof.
Sec. 119. Assessment lien means a lien on a tract created by ordinance of the county to secure the payment of an assessment levied against that tract, as provided in section 194 hereof.
Sec. 120. Assessment unit means a unit or quasi-improvement district designated by the board for the purpose of petition, remonstrance and assessment, in the case of a combination or projects pursuant to section 168 hereof.
κ1965 Statutes of Nevada, Page 1379 (CHAPTER 501, SB 80)κ
Sec. 121. (There is no section 121.)
Sec. 122. Board means the board of county commissioners.
Sec. 123. Clerk means the county clerk.
Sec. 124. Condemnation or condemn means the acquisition by the exercise of the power of eminent domain of property for any facilities, other property, project, or an interest therein, herein authorized. A county may exercise in the state the power of eminent domain, either within or without the county, and, in the manner provided by law for the condemnation of private property for public use, may take any property necessary to carry out any of the objects or purposes hereof, whether such property be already devoted to the same use by any corporate district or other public body, or otherwise, and may condemn any existing works or facilities in the county now or hereafter used. The power of eminent domain vested in the board shall include the power to condemn, in the name of the county, either the fee simple or any lesser estate or interest in any real property which the board by resolution shall determine is necessary for carrying out the purposes hereof. Such resolution shall be prima facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.
Sec. 125. Cost, or cost of the project, or words of similar import, means all or any part designated by the board of the cost of any facilities, project, or interest therein, being acquired, which cost, at the option of the board, may include all or any part of the incidental costs pertaining to the project, including without limiting the generality of the foregoing, preliminary expenses advanced by the county from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, assessment plats, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the levy of assessments, the issuance of securities, the filing or recordation of instruments, the discounting of bonds, interest on interim warrants, the levy and collection of assessments and installments thereof, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.
Sec. 126. County means any county in the state.
Sec. 127. County assessor means the county assessor of the county.
Sec. 128. County treasurer means the county treasurer of the county.
Sec. 129. Curb and gutter project means any curbs and gutters acquired or improved and appertaining to sidewalks or streets, or both, and all appurtenances and incidentals, including real and other property therefor.
Sec. 130. Drainage project means any natural and artificial watercourses, wells, ditches, lakes, reservoirs, revetments, canals, levees, dikes, walls, embankments, bridges, sewers, culverts, syphons, sluices, flumes, ponds, dams, retarding basins, and other water diversion and storage facilities, pumping stations, stream gauges, rain gauges, flood warning service and appurtenant telephone, telegraph, radio and television service, and all appurtenances and incidentals necessary, useful or desirable for any such facilities (or any combination thereof), including real and other property therefor.
κ1965 Statutes of Nevada, Page 1380 (CHAPTER 501, SB 80)κ
warning service and appurtenant telephone, telegraph, radio and television service, and all appurtenances and incidentals necessary, useful or desirable for any such facilities (or any combination thereof), including real and other property therefor.
Sec. 131. Engineer means the county engineer or any competent engineer or firm of engineers employed by the county in connection with any facility, property, project or power herein authorized.
Sec. 132. Equipment or equip means the furnishing of all necessary or desirable, related or appurtenant facilities, or any combination thereof, appertaining to any facilities, property, project, or interest therein, herein authorized.
Sec. 133. Federal Government means the United States of America, or any agency, instrumentality or corporation thereof.
Sec. 134. Hereby, herein, hereinabove, hereinafter, hereinbefore, hereof, hereto and hereunder refer to the County Improvements Law and not solely to the particular portion thereof in which such word is used.
Sec. 135. Improvement or improve means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized.
Sec. 136. Improvement district means the geographical area within the county designated and delineated by the board, in which improvement district is located the facilities or project, or an interest therein, the cost of which is to be defrayed wholly or in part by the levy of special assessments, and is located each tract to be assessed therefor. An improvement district may consist of noncontiguous areas. Improvement districts shall be designated by consecutive numbers or in some other manner to identify separately each such district in the county.
Sec. 137. Mailed notice or notice by mail means the giving by the engineer, clerk, or any deputy thereof, as determined by the board, of any designated written or printed notice addressed to the last-known owner or owners of each tract being assessed or other designated person at his or their last-known address or addresses by deposit, at least 20 days prior to the designated hearing or other time or event, in the United States mails, postage prepaid as first-class mail. The names and addresses of such property owners shall be obtained from the records of the county assessor or from such other source or sources as the clerk or the engineer deems reliable. Any list of such names and addresses appertaining to any improvement district may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals. Any mailing of any notice herein required shall be verified by the affidavit or certificate of the engineer, clerk, the deputy, or other person mailing the notice, which verification shall be retained in the records of the county at least until all assessments and bonds appertaining thereto have been paid in full, or any claim is barred by a statute of limitations. Such affidavit of mailing shall be prima facie evidence of the mailing of such notice in accordance with the requirements of this section.
κ1965 Statutes of Nevada, Page 1381 (CHAPTER 501, SB 80)κ
Sec. 138. Member means a county commissioner.
Sec. 139. Offstreet parking project means parking facilities for the parking of motor vehicles off the public streets, including graded, regraded, graveled, oiled, surfaced, macadamized, paved, curbed, guttered, drained and sidewalked sites therefor, driveways, ramps, structures, buildings, elevators, traffic control equipment, and all appurtenances and incidentals necessary, useful or desirable for offstreet parking facilities (or any combination thereof), including real and other property therefor.
Sec. 140. Overpass project means any bridge, viaduct, or other structure or facilities for the transportation of pedestrians, motor and other vehicles and utility lines, over any street, stream, railroad tracks, and any other way or place, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such overpass (or any combination thereof), including real and other property therefor.
Sec. 141. Park project means real property, facilities and equipment for parks, including without limitation graded, regraded, graveled, surfaced, drained, cultivated and otherwise improved sites therefor, and other recreational facilities, and all appurtenances and incidentals necessary, useful or desirable for any such park property, facilities and equipment.
Sec. 142. Person means any human being, association, partnership firm or corporation, excluding any public body and the Federal Government.
Sec. 143. Posting means posting in three public places at or near the site of the project designated at least 20 days prior to the designated hearing or other time or event.
Sec. 144. Project means any structure, facility, undertaking or system which a county is herein authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property.
Sec. 145. Property means real property and personal property.
Sec. 146. Public body means the State of Nevada, or any agency, instrumentality, or corporation thereof, or any municipality, county, school district, other type district, or any other subdivision of the state excluding the Federal Government.
Sec. 147. Publication or publish means publication in at least one newspaper of general circulation in the county and published at least once a week. Except as herein otherwise expressly provided or necessarily implied, publication or publish also means publication for at least once a week for 3 consecutive weeks by 3 weekly insertions, the first publication being at least 15 days prior to the designated time or event. Unless otherwise so stated, it shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days shall intervene between the first publication and the last publication. Any publication herein required shall be verified by the affidavit of the publisher and filed with the clerk.
κ1965 Statutes of Nevada, Page 1382 (CHAPTER 501, SB 80)κ
Sec. 148. Real property means:
1. Land, including land under water.
2. Buildings, structures, fixtures and improvements on land.
3. Any property appurtenant to or used in connection with land.
4. Every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.
Sec. 149. Sanitary sewer project means facilities appertaining to a county sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil, and industrial wastes, including without limitation a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, waterlines, sewerlines, conduits, ditches, pipes, and transmission lines, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof), including real and other property therefor.
Sec. 150. Sidewalk project means any sidewalk, including without limitation graded, regraded, graveled, surfaced, macadamized and paved pedestrian rights-of-way, artificial lights and lighting equipment, and all appurtenances and incidentals (or any combination thereof), including real and other property therefor.
Sec. 151. State means the State of Nevada, or any agency, instrumentality or corporation thereof.
Sec. 152. Storm sewer project means facilities appertaining to a county storm sewer system for the collection, interception, transportation and disposal of rainfall and other storm waters, including without limitation inlets, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, waterlines, sewerlines, canals, pipes, transmission lines, natural and artificial watercourses, wells, ditches, reservoirs, revetments, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the collection, interception, transportation and disposal of rainfall and other storm waters (or any combination thereof), including real and other property therefor.
Sec. 153. Street means any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, but excluding a sidewalk designed primarily for use by pedestrians.
Sec. 154. Street project means any street, including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, driveway approaches, curb cuts, curbs, gutters, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, artificial lights and lighting equipment, parkways, grade separators, traffic separators and traffic control equipment, and all appurtenances and incidentals (or any combination thereof), including real and other property therefor.
κ1965 Statutes of Nevada, Page 1383 (CHAPTER 501, SB 80)κ
walls, bridges, overpasses, tunnels, underpasses, approaches, artificial lights and lighting equipment, parkways, grade separators, traffic separators and traffic control equipment, and all appurtenances and incidentals (or any combination thereof), including real and other property therefor.
Sec. 155. Taxes means general (ad valorem) taxes pertaining to any project herein authorized.
Sec. 156. Tract means any tract, lot or other parcel of land for assessment purposes, whether platted or unplatted, regardless of lot or land lines. Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description.
Sec. 157. Treasurer means the county treasurer.
Sec. 158. Underpass project means any tunnel, tube or other structure or facilities for the transportation of pedestrians, motor and other vehicles, and utility lines, under any street, stream, railroad tracks, and any other way or place, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such underpass (or any combination thereof), including real and other property therefor.
Sec. 159. Water project means facilities appertaining to a county water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, other raw water sources, basin cribs, dams, reservoirs, towers, other storage facilities, pumping plants and stations, filter plant, purification system, water treatment facilities, powerplant, waterworks plant, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, ditches, water transmission and distribution mains, pipes, lines, laterals, and service pipes, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the acquisition, transportation, treatment, purification and distribution of potable water or untreated water for domestic, commercial and industrial use and irrigation (or any combination thereof), including real and other property therefor.
Sec. 160. For the purpose of computing any period of time prescribed herein, including but not limited to publications, the day of the first publication, other act or designated time shall be excluded, and the day of the last publication, other act or designated time shall be included.
Sec. 161. Whenever such construction is applicable, words used herein importing singular or plural number may be construed so that one number includes both; and words importing masculine gender shall be construed to apply to the feminine gender as well; but these rules of construction shall not apply to any part hereof containing express provisions excluding such construction or where the subject matter or context is repugnant thereto.
Sec. 162. The board, upon behalf of the county and in its name, without any election, shall have power from time to time to acquire, improve, equip, operate and maintain, within or without the county, or both within and without the county:
κ1965 Statutes of Nevada, Page 1384 (CHAPTER 501, SB 80)κ
without any election, shall have power from time to time to acquire, improve, equip, operate and maintain, within or without the county, or both within and without the county:
1. A curb and gutter project;
2. A drainage project;
3. An offstreet parking project;
4. An overpass project;
5. A park project;
6. A sanitary sewer project;
7. A sidewalk project;
8. A storm sewer project;
9. A street project;
10. An underpass project; and
11. A water project.
Sec. 163. The board, upon behalf of the county and in its name, for the purpose of defraying all the cost of acquiring or improving, or acquiring and improving, any project herein authorized, or any portion of the cost thereof not to be defrayed with moneys available therefor from the general fund, any special fund, or otherwise, shall have power hereunder:
1. To levy assessments against assessable property within the county and to cause the assessments so levied to be collected.
2. To levy from time to time and cause to be collected taxes against all taxable property within the county, without limitation as to rate or amount, except for the limitation in section 2 of article 10 of the constitution of the State of Nevada, to pay the principal of and interest on bonds to the extent assessments are insufficient therefor.
3. To pledge the proceeds of any assessments and taxes levied hereunder to the payment of special assessment bonds and to create liens on such proceeds to secure such payments.
4. To issue special assessment bonds as herein provided.
5. To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted herein, or in the performance of the countys covenants or duties or in order to secure the payment of its bonds, provided no encumbrance, mortgage or other pledge of property (excluding any money) of the county is created thereby, and provided no property (excluding money) of the county is liable to be forfeited or taken in payment of such bonds.
Sec. 164. The procedure for acquiring or improving or acquiring and improving any project can be initiated in one of the following ways:
1. Provisional order method; or
2. Petition method.
Sec. 165. 1. Whenever the board shall be of the opinion that the interest of the county requires any project, the board, by resolution, shall direct the engineer to prepare:
(a) Preliminary plans showing:
(1) A typical section of the contemplated improvement.
(2) The type or types of material, approximate thickness and wideness.
κ1965 Statutes of Nevada, Page 1385 (CHAPTER 501, SB 80)κ
(3) A preliminary estimate of the cost of the project, including incidental costs.
(b) An assessment plat showing:
(1) The area to be assessed.
(2) The amount of maximum benefits estimated to be assessed against each tract in the assessment area.
2. The resolution may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as to such engineer may seem most desirable for the improvement complete in place.
3. The resolution shall describe the project in general terms.
4. The resolution shall state:
(a) What part or portion of the expense thereof is of special benefit and therefor shall be paid by assessments.
(b) What part, if any, has been or is proposed to be defrayed with moneys derived from other than the levy of assessments.
(c) The basis by which the cost will be apportioned and assessments levied.
5. In case the assessment is not to be made according to front feet, the resolution shall:
(a) By apt description designate the improvement district, including the tracts to be assessed.
(b) Describe definitely the location of the project.
(c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.
6. In case the assessment is to be upon the abutting property upon a frontage basis, it shall be sufficient for the resolution so to state and to define the location of the project to be made.
7. It is not necessary in any case to describe minutely in the resolution each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.
8. The engineer shall forthwith prepare and file with the clerk:
(a) The preliminary plans; and
(b) The assessment plat.
9. Upon the filing of the plans and plat, the board shall examine the same; and if the plans and plat be found to be satisfactory, the board shall make a provision order by resolution to the effect that such project shall be acquired or improved, or both acquired and improved.
Sec. 166. Whenever the owner or owners of lands to be assessed for not less than 90 percent of the entire cost of any project, including all incidental expenses, constituting 66 2/3 percent in the frontage, in area or other property basis used for the computation of assessments as therein provided, as the case may be, by written petition, initiates the acquisition of any project which the board is authorized to initiate, subject to the following limitations:
1. The board may incorporate such project in any improvement district or districts.
κ1965 Statutes of Nevada, Page 1386 (CHAPTER 501, SB 80)κ
2. The board need not proceed with the acquisition of any such project or any part thereof after holding a hearing thereon, pursuant to section 170 hereof, and all provisions thereof thereunto enabling, if the board shall determine that it is not for the public interest that the proposed project, or a part thereof, be then ordered to be made.
3. Any particular kind of project, or any material therefor, or any part thereof, need not be acquired or located, as provided in the petition, if the board shall determine that such is not for the public interest.
4. The board need not take any proceedings or action upon receiving any such petition, if the board shall thereupon determine by resolution that the acquisition of the designated project probably is not feasible for a reason or reasons stated in such resolution, and if the resolution requires a cash deposit or a pledge of property in at least an amount or value therein designated and found therein by the board probably to be sufficient to defray the expenses and costs incurred by the county taken preliminary to and in the attempted acquisition of the project designated in the petition, and if such deposit or pledge is not made with the treasurer within 20 days after one publication in a newspaper of general circulation in the county of a notice of the resolutions adoption and of its content in summary form. An additional deposit or pledge may from time to time similarly so required as a condition precedent to the continuation of action by the county. Whenever such deposit or pledge is so made and thereafter the board shall determine that such acquisition is not feasible within a reasonable period of time, the board may require that all or any portion of the costs theretofore incurred in connection therewith by the county after its receipt of the petition shall be defrayed from such deposit or the proceeds of such pledged property in the absence of such defrayment of costs by petitioners or other interested persons within 20 days after the determination by resolution of the amount so to be defrayed and after such published notice thereof.
Sec. 167. Upon the filing of such a petition, the board shall proceed in the same manner as is provided for hereby where proceedings are initiated by the board, except as otherwise expressly provided or necessarily implied in section 166 hereof.
Sec. 168. 1. More than one project may be combined in one improvement district when the board determines such projects may be combined together in an efficient and economical improvement district.
2. If in the combination of projects, they shall be separate and distinct by reason of substantial difference in their character or location, or otherwise, each such project shall be considered as a unit or quasi-improvement district for the purpose of petition, remonstrance and assessment.
3. In case of such combination, the board shall designate the project and area constituting each such unit, and in the absence of an arbitrary and unreasonable abuse of discretion, its determination that there is or is not such a combination and its determination of the project and area constituting each such unit shall be final and conclusive.
4. The costs of acquiring or improving each such project shall be segregated for the levy of assessments and an equitable share of the incidental costs shall be allocated to each such unit.
κ1965 Statutes of Nevada, Page 1387 (CHAPTER 501, SB 80)κ
segregated for the levy of assessments and an equitable share of the incidental costs shall be allocated to each such unit.
Sec. 169. 1. Any estimate of cost required or authorized herein shall not constitute a limitation upon such cost nor a limitation upon the rights and powers of the board or of any officers, agents or employees of the county, except as herein otherwise expressly stated.
2. No assessment, however, shall exceed the amount of the estimate of maximum special benefits to the tract assessed from any project.
Sec. 170. 1. In the provisional order the board shall set a time at least 20 days thereafter and place at which the owners of the tracts to be assessed, or any other persons interested therein, may appear before the board and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered.
2. Notice shall be given:
(a) By publication.
(b) By mail.
(c) By posting.
3. Proof of publication shall be by affidavit of the publisher.
4. Proof of mailing and proof of posting shall be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
5. Proof of publication, proof of mailing and proof of posting shall be maintained in the records of the county until all the assessments appertaining thereto shall have been paid in full, principal, interest, any penalties, and any collection costs.
6. The notice shall describe:
(a) The kind of project or projects proposed (without mentioning minor details or incidentals).
(b) The estimated cost of the projects, or the estimated total amount of projects, and the part or portion, if any, to be paid from sources other than assessments.
(c) The basis for apportioning the assessments, which assessments shall be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.
(d) The number of installments and time in which the assessments will be payable.
(e) The maximum rate of interest on unpaid installments of assessments.
(f) The extent of the improvement district to be assessed (by boundaries or other brief description).
(g) The time and place when and where the board will consider the ordering of the proposed projects and hear all complaints, protests and objections that may be made in writing and filed with the clerk at least 3 days prior thereto, or verbally at the hearing, concerning the same, by the owner of any tract to be assessed or any person interested.
(h) The fact that the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be seen and examined at the office of the clerk during business hours, at any time, by any person so interested.
κ1965 Statutes of Nevada, Page 1388 (CHAPTER 501, SB 80)κ
and examined at the office of the clerk during business hours, at any time, by any person so interested.
(i) The fact, in general terms, that unless there be no substantial change, a substantial change in certain existing street elevations or grades will result from the project or projects proposed, without necessarily including any statement in detail of the extent or location of any such change.
7. The notice shall also state:
(a) That regardless of the basis used for apportioning assessments, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
(b) That if, within the time specified in the notice, complaints, protests and objections in writing, i.e., all written remonstrances, against acquiring or improving the project proposed by initiation of the board shall be filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein shall not be acquired or improved:
(1) Except in case the county shall pay one-half or more of the total cost of any project other than a park project as defined in section 141 of this act with funds derived from other than the levy of assessments; or
(2) Except in the case of any project authorized hereunder constituting not more than 1,320 feet (including intersections) remaining unimproved in any street (including an alley) between improvements already made to the same street, in which case the board may on its own motion cause the intervening and unimproved part of the street to be improved and the improvements shall not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the board in its sole discretion, shall deem such written complaints, protests and objections proper to cause the improvement to be stayed or prevented; provided, that at least 50 percent of the total number of tracts of property to be assessed for the improvements to the unimproved part of the street shall contain a permanent structure or building, or any other type of improvement of a permanent nature.
8. Nothing herein contained shall be construed as requiring the notice to state either or both exceptions stated in subparagraphs (1) and (2), of paragraph (b) of subsection 7 of this section 170, unless either or both exceptions are determined by the board to be relevant to the proposed improvement district to which the notice appertains.
9. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the board at any time prior to the passage of the ordinance adopted pursuant to section 174 hereof, creating the improvement district, and authorizing the project.
10. No substantial change in the improvement district, details, preliminary plans or specifications or estimates shall be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
κ1965 Statutes of Nevada, Page 1389 (CHAPTER 501, SB 80)κ
whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
11. The engineer, however, shall have the right to make minor changes in time, plans and materials entering into the work at any time before its completion.
Sec. 171. 1. On the date and at the place fixed for such hearing any and all property owners interested in such project may, by written complaints, protests or objections, present their views in respect to the proposed projects to the board, or present them orally, and the board may adjourn the hearing from time to time.
2. After the hearing has been concluded, after all written complaints, protests and objections have been read and duly considered, and after all persons desiring to be heard in person have been heard, the board shall consider the arguments, if any, and any other relevant material put forth.
3. Thereafter, if the board shall determine that it is not for the public interest that the proposed project, or a part thereof, be made, the board shall make an order by resolution to that effect, and thereupon the proceeding for the project, or the part thereof, determined against by such order, shall stop and shall not be begun again until the adoption of a new resolution.
4. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings or instruments taken, adopted or made prior to the date of the hearing shall be deemed waived unless presented in writing at the time and in the manner herein specified.
Sec. 172. Any person filing a written complaint, protest or objection as provided in section 171 hereof, shall have the right, within 60 days after the board has finally passed on such complaint, protest or objection by resolution as provided in subsection 3 of section 171 hereof, or by ordinance as provided in subsection 1 of section 174 hereof, to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination, but thereafter all actions or suits attacking the validity of the proceedings and the amount of benefits are perpetually barred.
Sec. 173. 1. After the hearing, after the board has disposed of all complaints, protests and objections, verbal and in writing, and after the board has determined that there exists either or both exceptions stated in subparagraphs (1) and (2) of paragraph (b) of subsection 7 of section 170 hereof, or that there were not filed with the clerk complaints, protests and objections in writing and signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as stated in the provisional order, of the tracts to be assessed in the improvement district or in the assessment unit, if any, and the board has jurisdiction to proceed, the board shall determine whether to proceed with the improvement district, and with each assessment unit, if any, except as herein otherwise provided.
2. If the board desires to proceed and desires any modification, by motion or resolution it shall direct the engineer to prepare and present to the board:
κ1965 Statutes of Nevada, Page 1390 (CHAPTER 501, SB 80)κ
(a) A revised and detailed estimate of the total cost, including without limiting the generality of the foregoing, the cost of acquiring or improving each proposed project and of each of the incidental costs, which revised estimate shall not constitute a limitation for any purpose.
(b) Full and detailed plans and specifications for each proposed project designed to permit and encourage competition among the bidders, if any project is to be acquired by construction contract.
(c) A revised map and assessment plat showing respectively, the location of each project and the tracts to be assessed therefor, not including any area or project not before the board at a provisional order hearing.
3. That resolution, a separate resolution, or the ordinance creating the improvement district may combine or divide the proposed project or projects into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any project constituting an assessment unit and regardless of whether a portion or none of the cost of any project is to be defrayed other than by the levy of special assessments.
4. Nothing, however, herein contained shall be construed as not requiring the segregation of costs of unrelated projects for assessment purposes as herein provided.
Sec. 174. 1. When an accurate estimate of cost, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the board, it shall, by ordinance, create the district and order the proposed project or projects to be acquired or improved.
2. The ordinance shall prescribe:
(a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.
(b) The kind and location of each project proposed (without mentioning minor details).
(c) The amount or proportion of the total cost to be defrayed by assessments, the method of levying the assessments, the number of installments and the times in which the costs assessed will be payable.
(d) The character and extent of any contruction units.
3. The engineer may further revise such cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended prior to letting any construction contract therefor and prior to any work being done other than by independent contract let by the county.
4. The ordinance, as amended, if amended, shall order the work to be done as hereinafter provided.
Sec. 175. 1. Any construction work for any project shall be done in any one or more of the following three ways:
(a) By independent contract.
(b) By use of county-owned or -leased equipment and county officers, agents and employees.
(c) By another public body or the Federal Government acquiring or improving a project or any interest therein which is herein authorized, which results in general benefits to the county and in special benefits to the assessable property being assessed therefor by the county within its boundaries.
κ1965 Statutes of Nevada, Page 1391 (CHAPTER 501, SB 80)κ
which results in general benefits to the county and in special benefits to the assessable property being assessed therefor by the county within its boundaries.
2. Any project or any interest therein not involving construction work appertaining to a capital improvement may be acquired or improved pursuant to any appropriate contract, or otherwise, including, without limiting the generality of the foregoing, the condemnation or other acquisition of real property. In such case nothing herein in subsection 1 of this section 175 nor in sections 176 to 178, inclusive, hereof shall be applicable.
3. Notwithstanding a project herein authorized or any interest therein may not be owned by a county nor be directly acquired or improved, nor the costs thereof directly incurred, by a county, and notwithstanding the project herein authorized or any interest therein may be located on land, an easement or other interest therein, or other real property owned by the Federal Government or a public body other than the county, the county shall have the power:
(a) To acquire or improve, or both acquire and improve, or to cooperate in the acquisition or improvement of, or both the acquisition and improvement of, the project, or any interest therein, with the Federal Government or any public body (other than the county), pursuant to agreement between or among the county and such other bodies corporate and politic, so long as the project or the interest therein acquired or improved, or both acquired and improved, results in general benefits to the county and in special benefits to the assessable property being assessed therefor by the county within its boundaries.
(b) To levy special assessments on such assessable property to defray all or any part of the costs of the project or any interest therein, or to defray all or any part of the countys share of such costs if all costs are not being defrayed by the county.
(c) To issue bonds and to exercise other powers herein granted and appertaining to such acquisition or improvement, or both.
Sec. 176. 1. No contract for doing construction work for acquiring or improving the project contemplated shall be made or awarded, nor shall the board incur any expense or liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications and notices, until after the provisional order hearing and notice thereof provided for herein have been given and had.
2. Nothing contained in this section shall be construed as preventing the board from advertising by publication for proposals for doing the work whenever the board sees fit, but the contract shall not be made or awarded before the time stated in subsection 1.
3. In the case of construction work done by independent contract for any project, or portion thereof, in any improvement district, the county shall request competitive bids and publish notice stating that bids will be received at a time and place designated therein.
4. The county may contract only with the responsible bidder submitting the lowest bid upon proper terms.
5. The county shall have the right to reject any and all bids and to waive any irregularity in the form of any bid.
κ1965 Statutes of Nevada, Page 1392 (CHAPTER 501, SB 80)κ
6. Any contract may be let on a lump sum or on a unit basis.
7. No contract may be entered into for such work unless the contractor shall give an undertaking with a sufficient surety or sureties approved by the board and in an amount fixed by it for the faithful performance of the contract and for payment of the contract.
8. Upon default in the performance of any contract, any designated official, as directed by motion of the board, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.
9. All contracts shall provide among other things that the person entering into the contract with the county will pay for all materials furnished and labor and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain an action to recover for the same against the obligor in the undertaking as though the person was named therein.
10. If any contract or agreement shall be made in violation of the provisions of this section, it shall be voidable, and no action shall be maintained thereon by any party thereto against the county.
11. To the extent the county makes any payment thereunder, such contract or agreement shall be valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the county elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.
12. The board, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeping of the same in repair, and providing for any further matter or thing in connection therewith, as may be considered by the board to be advantageous to the county and to all interested.
Sec. 177. 1. In the case of construction work done by the use of county-owned or -leased equipment and county officers, agents and employees for any project, or portion thereof, in any improvement district, supplies and materials may be purchased or otherwise acquired therefor.
2. All supplies and materials purchased by the county for any improvement district costing $500 or more shall be purchased only after the county has given notice by publication therefor.
3. The county shall accept the lowest bid, kind, quality and material being equal, but the county shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid when so stated in the invitation to bid.
4. The provision as to bidding does not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer.
Sec. 178. 1. In the case of construction work done by agreement with one or more public bodies or the Federal Government, or both, for any project, or portion thereof, in any improvement district, the county may enter into and carry out any contract or establish or comply with the rules and regulations concerning labor and materials and other related matters in connection with any project or portion thereof as the county may deem desirable or as may be requested by the Federal Government or any public body other than the county which other public body is a party to any such contract with the county, that may assist in the financing of any project or any part thereof, regardless of whether the county is a party to any construction contract or other contract appertaining to incurring costs of the project.
κ1965 Statutes of Nevada, Page 1393 (CHAPTER 501, SB 80)κ
the rules and regulations concerning labor and materials and other related matters in connection with any project or portion thereof as the county may deem desirable or as may be requested by the Federal Government or any public body other than the county which other public body is a party to any such contract with the county, that may assist in the financing of any project or any part thereof, regardless of whether the county is a party to any construction contract or other contract appertaining to incurring costs of the project.
2. Any project or projects, any portion of the costs of which may be defrayed by the county by the levy of special assessments hereunder, may be acquired with the cooperation and assistance of, or under a contract or contracts let by, or with labor, or supplies and materials, or all of such furnished by, any one or more such public bodies or the Federal Government, or both.
3. Advantage may be taken of any offer from any source to complete any project or projects on a division of expense or responsibility.
4. The engineer on behalf of and in the name of the county is authorized to acquire or improve any such project or projects in such a manner, when so authorized by the ordinance creating the improvement district or any amendment thereto.
Sec. 179. After the provisional order hearing and at the time of the passage of the ordinance creating any improvement district and any projects for the improvement district, or any amendment thereof, if any tract or any railway company to be assessed in the improvement district has the whole or any part of the proposed projects, conforming to the general plan, the same may be adopted in whole or in part, or may be changed to conform to the general plan, if deemed practical, and the owner of such real estate shall, when the assessment is made, be credited with the amount which is saved by reason of adapting or adopting such existing improvements.
Sec. 180. 1. For the purpose of paying any contractor or otherwise defraying any costs of the project as the same became due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the board may issue interim warrants.
2. Any interim warrants issued for any construction work shall be issued only upon estimates of the engineer.
3. Any interim warrants shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding 7 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the board may determine.
4. Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the board pledges the full faith and credit of the county, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board by ordinance.
κ1965 Statutes of Nevada, Page 1394 (CHAPTER 501, SB 80)κ
shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board by ordinance.
Sec. 181. 1. After the making of any construction contract, or after the determination of the net cost to the county, but not necessarily after the completion of the project, the board, by resolution shall:
(a) Determine the cost of the project to be paid by the assessable property in the improvement district.
(b) Order the engineer to make out an assessment roll containing, among other things:
(1) The name of each last-known owner of each tract to be assessed, or if not known, that the name is unknown.
(2) A description of each tract to be assessed, and the amount of the proposed assessment thereon, apportioned upon the basis for assessments stated in the provisional order for the hearing on the project.
(c) Cause a copy of the resolution to be furnished by the clerk to the engineer.
2. In fixing the amount or sum of money that may be required to pay the costs of the project, the board need not necessarily be governed by the estimates of the costs of such project provided for herein, but the board may fix such other sum, within the limits prescribed, as it may deem necessary to cover the cost of such project.
3. If by mistake or otherwise any person is improperly designated in the assessment roll as the owner of any tract, or if the same is 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 tract as though assessed in the name of the owner thereof; and when the assessment roll has been confirmed, such assessment shall become a lien on such tract and be collected as provided by law.
Sec. 182. 1. If the assessment is made upon the basis of frontage, the engineer shall assess each tract with such relative portion of the whole amount to be levied as the length of front of such premises bears to the whole frontage of all the tracts to be assessed, and the frontage of all tracts to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the engineer.
2. If the assessment is directed to be according to another basis, the engineer shall assess upon each tract such relative portion of the whole sum to be levied as is proportionate to the estimated benefit according to such basis.
3. Regardless of the basis used, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
4. No assessment shall exceed the amount of the estimate of maximum special benefits to the tract assessed, as provided in subsection 2 of section 169 hereof.
5. No assessment for any one project shall exceed the reasonable market value of the tract assessed, as determined by the board.
6. Any amount which would be assessed against any tract in the absence of both limitations provided in subsections 4 and 5 of this section 182 shall be defrayed by other than the levy of assessments.
κ1965 Statutes of Nevada, Page 1395 (CHAPTER 501, SB 80)κ
absence of both limitations provided in subsections 4 and 5 of this section 182 shall be defrayed by other than the levy of assessments.
Sec. 183. The board shall determine what amount or part of every expense shall be charged as an assessment and the tracts upon which the same shall be levied; and as often as the board deems it expedient, it shall require all of the several tracts chargeable therewith respectively to be reported by the clerk to the engineer for assessment.
Sec. 184. 1. Upon receiving the copy of the resolution mentioned in section 181 hereof, the engineer shall make an assessment roll and state a proposed assessment therein upon each tract so reported to him, and he shall thereby defray the whole amount or amounts of all charges so directed to be levied upon each of the tracts respectively. When completed, he shall report the assessment roll to the board.
2. When any assessment is reported by the engineer to the board, as directed in this section, the same shall be filed in the office of the clerk and numbered.
3. Such report shall be signed by the engineer and made in the form of a certificate endorsed on the assessment roll as follows:
(Form of Certificate)
|
STATE OF NEVADA
COUNTY OF............................ |
} |
ss. |
To the Board of County Commissioners of ............................. County, Nevada:
I hereby certify and report that the foregoing is the assessment roll and assessments made by me pursuant to your resolution adopted (give date), for the purpose of paying that part of the cost which you decided should be paid and borne by special assessments for Improvement District No. ..................................... ; that in making such assessments, I have, as near as may be, and according to my best judgment, conformed in all things to the direction contained in your resolution hereinbefore referred to.
.......................................................................
Engineer
Dated.............................................. , Nevada, ............................. , 19..........
Sec. 185. 1. Upon receiving the assessment roll, the board, by resolution, shall:
(a) Fix a time and place when and where complaints, protests and objections that may be made in writing or verbally concerning the same, by the owner of any tract or any person interested, may be heard.
(b) Order the clerk to give notice of the hearing.
2. The clerk shall give notice by publication and my mail of the time and place of such hearing, which notice shall also state:
(a) That the assessment roll is on file in his office.
(b) The date of filing the same.
(c) The time and place when and where the board will hear all complaints, protests and objections that may be made in writing or verbally to the assessment roll and to the proposed assessments by the parties thereby aggrieved.
κ1965 Statutes of Nevada, Page 1396 (CHAPTER 501, SB 80)κ
to the assessment roll and to the proposed assessments by the parties thereby aggrieved.
(d) That any complaint, protest or objection to the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract, shall be deemed waived unless filed in writing with the clerk at least 3 days prior to the assessment hearing.
Sec. 186. 1. At the time and place so designated, the board shall hear and determine any written complaint, protest or objection, filed as provided in section 185 hereof, any verbal views expressed in respect to the proposed assessments, assessment roll or assessment procedure, and the board may adjourn the hearing from time to time.
2. The board, by resolution, shall have power, in its discretion, to revise, correct, confirm or set aside any assessment and to order that such assessment be made de novo.
Sec. 187. 1. After the assessment roll is in final form and is so confirmed by resolution, the county by ordinance shall, by reference to such assessment roll as so modified, if modified, and as confirmed by such resolution, levy the assessments in the roll.
2. Such decision, resolution and ordinance shall be a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.
3. Such determination by the board shall be conclusive upon the owners of the property assessed.
4. The roll, when endorsed by the clerk as the roll designated in the assessment ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Sec. 188. 1. Within the 15 days immediately succeeding the effective date of the assessment ordinance, any person who has filed a complaint, protest or objection in writing, as hereinbefore provided, shall have the right to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination.
2. Thereafter all actions or suits attacking the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract, including, without limiting the generality of the foregoing, the defense of confiscation, shall be perpetually barred.
Sec. 189. (There is no section 189.)
Sec. 190. 1. The cost of improvements in street intersections may be segregated.
2. Such costs, except the share assessable to street or other railway companies, may be assessed upon all frontage of the street improved (excluding an alley) and on intersecting streets within a distance of one-half block in each direction from such intersections, in proportion to the frontage of each lot or tract on the street improved (excluding an alley) or on an intersecting street, or on both within such distance.
3. The cost of the improvement of an alley intersection may be assessed upon the assessable property in the same block extending to the nearest street intersection and half the length of the block along its sides.
κ1965 Statutes of Nevada, Page 1397 (CHAPTER 501, SB 80)κ
sides. However where the sides of blocks are of unequal length, the board may determine the limit of assessment.
4. In the alternative, the cost of improving street intersections (including alley intersections) may be treated as one of the costs of any project without separately segregating such intersection cost. In such case the total cost of any project shall be assessed as provided in subsections 1, 2 and 3 of this section 190 upon the basis determined without any separate assessment for intersection costs.
Sec. 191. 1. All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the board so authorizes the payment of assessments.
3. Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
4. All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the county to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.
5. The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The board may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding 7 percent of the installment or installments of principal so prepaid.
6. Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
Sec. 192. 1. Failure to pay any installment, whether principal or interest, when due shall ipso facto cause the whole amount of the unpaid principal to become due and payable immediately at the option of the county, the exercise of such option to be indicated by the commencement of foreclosure proceedings.
2. At any time prior to the day of sale, the owner may pay the amount of delinquent installments, with accrued interest, all penalties, and costs of collection accrued, including but not necessarily limited to any attorneys fees, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made.
Sec. 193. 1. In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.
2. Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments due dates shall be payable annually, or semi-annually, or quarter-annually, at a rate or rates not exceeding 7 percent per annum.
κ1965 Statutes of Nevada, Page 1398 (CHAPTER 501, SB 80)κ
effective date of the assessment ordinance until the respective installments due dates shall be payable annually, or semi-annually, or quarter-annually, at a rate or rates not exceeding 7 percent per annum.
3. Nothing herein contained shall be construed as limiting the discretion of the board in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, become due.
4. The board in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the county for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.
Sec. 194. 1. The payment of the amount so assessed, including each installment thereof, the interest thereon, and any penalties and collection costs, shall be secured by an assessment lien upon the tract assessed from the effective date of the assessment ordinance.
2. Each such lien upon each tract assessed shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
3. No statute of limitations shall begin to run against any assessment nor the assessment lien to secure its payment until after the last installment of principal thereof shall become due.
Sec. 195. 1. Should any tract be divided after a special assessment thereon has been levied and divided into installments and before the collection of all the installments, the board may require the county assessor to apportion the uncollected amounts upon the several parts of land so divided.
2. The report of such apportionment, when approved, shall be conclusive on all the parties, and all assessments thereafter made upon such tracts shall be according to such subdivision.
Sec. 196. 1. Should any assessment prove insufficient to pay for the project or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund of the county.
2. If a greater amount has been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
Sec. 197. 1. Whenever any assessment is, in the opinion of the board, invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction adjudges such assessments to be illegal, the board shall, whether the improvement has been made or not, 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.
κ1965 Statutes of Nevada, Page 1399 (CHAPTER 501, SB 80)κ
not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made.
2. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment herein.
Sec. 198. Whenever any sum or part thereof levied upon any tracts in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of the tracts.
Sec. 199. 1. When an assessment is so levied by ordinance and is payable, the board shall direct the clerk:
(a) To report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) To require the county treasurer to collect the several sums so assessed as a tax upon the several tracts to which they were assessed.
2. Thereupon the amount so levied in the assessment roll shall be collected in the manner provided in the ordinance levying the assessments, and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner.
3. Such amount shall continue to be a lien upon the tracts assessed until paid, as provided in section 194 hereof.
4. When such amount shall be collected, it shall be credited to the proper funds.
5. Nothing herein shall be construed as preventing the county from collecting any assessment by suit in the name of the board; and the assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
Sec. 200. 1. Whenever by mistake, inadvertence or for any cause any tract otherwise subject to assessment, within any improvement district, shall have been omitted from the assessment roll for such project, the board may, upon its own motion or upon the application of the owner of any tract within such improvement district charged with the lien of an assessment for any project, assess the same in accordance with the special benefits accruing to such omitted property by reason of such project, and in proportion to the assessments levied upon other tracts in such improvement district.
2. In any such case, the board shall first pass a resolution setting forth that certain tract therein described was omitted from such assessment, and notifying all persons who may desire to object thereto to appear at a meeting of the board at a time specified in such resolution and present their objection thereto, and directing the engineer to report to the board at or prior to the date fixed for such hearing the amount which should be borne by each such tract so omitted, which notice resolution shall be published and given by mail to the last-known owner or owners of each such tract.
3. At the conclusion of such hearing or any adjournment thereof, the board shall consider the matter as though the tract had been included upon the original roll, and may confirm the same or any portion thereof by ordinance.
κ1965 Statutes of Nevada, Page 1400 (CHAPTER 501, SB 80)κ
the board shall consider the matter as though the tract had been included upon the original roll, and may confirm the same or any portion thereof by ordinance.
4. Thereupon, the assessment or assessments on such roll of each omitted tract shall be collected, the payment of which shall be secured by an assessment lien, as other assessments.
Sec. 201. 1. Whenever the board has made any contract for any project provided herein or shall hereafter make any assessment against any tract within any improvement district for any purpose authorized herein, and has in making such contract or assessment acted in good faith and without fraud, or shall hereafter act in good faith and without fraud, the contract and assessment shall be valid and enforceable as such, and the assessment shall be a lien upon the tract upon which the same purports to be a lien.
2. It shall be no objection to the validity of such contract, assessment or lien that:
(a) The contract for such project was not awarded in the manner or at the time required hereby, or otherwise.
(b) The assessment was made by an unauthorized officer or person, if the same shall have been confirmed by the authorities of the county.
(c) The assessment is based upon an improper basis of benefits to the tract within such improvement district, unless it shall be made to appear that the county authorities acted fraudulently or oppressively in making such assessment.
Sec. 202. Whenever any assessment, or installment thereof, shall be paid, or any delinquency therefor be redeemed, or any judgment therefor be paid by any joint owner of any property assessed for any improvement, such joint owner may, after demand and refusal, by an action brought in the district court, recover from each of his coowners the respective amounts of such payment which each such coowner should bear, with interest thereon at 10 percent per annum from the date of such payments, and costs of the action, and the joint owner making such payment shall have a lien upon the undivided interest of his coowners in and to such property from date of such payment.
Sec. 203. Whenever, through error or inadvertence, any person shall pay any assessment, or installment thereof, upon the lands of another, such payor may, after demand and refusal, by an action in the district court, recover from the owner of such lands the amount so paid and costs of the action.
Sec. 204. If in any action it appears that the assessment has not been properly made against the defendant, or the tract sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the county which is a proper charge against the defendant, or the tract in question, render judgment for the amount properly chargeable against such defendant or upon such tract.
Sec. 205. The board shall likewise have power to issue negotiable coupon bonds in an amount not exceeding the total unpaid assessments levied to pay the cost of any project, howsoever acquired, as hereinafter provided.
κ1965 Statutes of Nevada, Page 1401 (CHAPTER 501, SB 80)κ
Sec. 206. If any improvement district bonds, or any deed made pursuant to a foreclosure sale shall recite that the proceedings with reference to making any project have been regularly had in compliance with law, and that all prerequisites to the fixing of the assessment lien against the tract described therein have been performed, such recitals shall be conclusive evidence of the facts so recited.
Sec. 207. 1. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the board to defray the cost of the project, including all proper incidental expenses.
2. Bonds shall first be offered at a public sale and if no satisfactory bid is then received, such bonds may be sold at private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the board, below par at a discount not exceeding 5 percent of the principal amount thereof and at a price which will not result in a net interest cost to the county of more than 6 percent per annum computed to maturity according to standard tables of bond values if the maximum or any lesser amount of discount permitted by the board shall have been capitalized as a cost of the project.
3. No bond interest rate shall at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same or less than any assessment interest rate, subject to the aforesaid limitation, as the board may determine.
4. No discount (except as herein otherwise provided expressly or by necessary implication) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
5. The board may employ legal, fiscal, engineering and other expert services in connection with any project herein authorized and the authorization, issuance and sale of bonds.
6. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
7. Any unexpended balance of such bond proceeds remaining after the completion of the project for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
8. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
9. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents and employees.
10. The board may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the board so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the board may terminate the contract to sell the bonds, if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project, and if the board has not elected to proceed under subsection 2 or 3 of section 175 hereof, but has elected to proceed under subsection 1 thereof.
κ1965 Statutes of Nevada, Page 1402 (CHAPTER 501, SB 80)κ
improvement of the project, it determines not to acquire or improve the project, and if the board has not elected to proceed under subsection 2 or 3 of section 175 hereof, but has elected to proceed under subsection 1 thereof.
11. If the board ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in section 170 hereof, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.
Sec. 208. The assessments, when levied, shall be and remain a lien on the respective tracts of land assessed until paid, as provided herein, and, when collected, shall be placed in a special fund and as such shall at all times constitute a sinking fund for and be deemed specially appropriated to the payment of the assessment bonds and interest thereon, and shall not be used for any other purpose until the bonds and interest thereon are fully paid, except for the assessments paid during the 30-day payment period provided in section 191 hereof and applied directly to the costs of the project.
Sec. 209. 1. If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of the general fund of the county.
2. If the general fund shall be insufficient to pay any such deficiency promptly, the board shall levy, and it shall be its duty to levy, general (ad valorem) taxes upon all property in the county which is by law taxable for state, county and municipal purposes, without regard to any statutory tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
3. Any such tax levy shall enjoy the same priority as provided by NRS 350.250 for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 210. 1. Bonds issued pursuant hereto shall not be a debt of the county, and the county shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment. Assessment bonds shall not be payable out of any funds other than assessments and general tax proceeds.
2. Each such bond issued hereunder shall recite in substance that such bonds and the interest thereon are payable solely from the assessments and general tax proceeds pledged to the payment thereof.
3. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the county, except for the assessments and general tax proceeds pledged for the payment of bonds. No property of the county, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.
κ1965 Statutes of Nevada, Page 1403 (CHAPTER 501, SB 80)κ
Sec. 211. 1. Any ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof.
2. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
Sec. 212. Assessment bonds shall not bear interest at a rate or rates exceeding 6 percent per annum.
Sec. 213. 1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the board, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the board may determine, may be issued.
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.
5. Notwithstanding any other provisions of law, the board, in any proceedings authorizing bonds hereunder, may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 called bond) aggregating the amount of the entire issue or any portion thereof.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
κ1965 Statutes of Nevada, Page 1404 (CHAPTER 501, SB 80)κ
otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
(d) Make provision in such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.
6. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the board:
(a) Proof of ownership.
(b) Proof of loss or destruction.
(c) A surety bond in twice the face amount of the bond and coupons.
(d) Payment of the cost of preparing and issuing the new bond.
7. Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board, countersigned by the treasurer, with the seal of the county affixed thereto and attested by the clerk.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the treasurer.
9. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
10. The clerk may cause the seal of the county to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
11. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
12. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 214. Bonds issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 215. 1. All cases in which there may arise a question of validity of any power herein granted or of any other provision hereof shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment.
κ1965 Statutes of Nevada, Page 1405 (CHAPTER 501, SB 80)κ
be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment.
2. The courts shall be open at all times for the purposes hereof.
Sec. 216. In any case where a notice is provided for herein, if the board or court finds for any reason that due notice was not given, the board or court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated, but the board or court shall order due notice to be given and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has been properly given in the first instance.
Sec. 217. It shall be legal for the state and any of its agencies, departments or political subdivisions, or any other public body, to invest funds or moneys in the custody thereof in any of the bonds authorized to be issued pursuant to the provisions hereof.
Sec. 218. All proceedings and actions taken under law, or under color of law, preliminarily to and in the exercise of any power granted in this act, are hereby validated, ratified, approved and confirmed, notwithstanding lack of power, authority or otherwise, other than constitutional, of the state, or any public body, or of any commission, board or other governing body, or of any officer thereof, and notwithstanding any defects and irregularities, other than constitutional, in such proceedings and actions.
Sec. 219. 1. The adoption of this act shall not be construed to repeal or in any way affect or modify:
(a) Any substantive or vested right.
(b) Any law authorizing the issuance of any outstanding special assessment local improvement district bonds of any municipality or county.
(c) Any law pursuant to which special assessments levied by any municipality or county have not been paid in full, principal, interest and any penalties.
(d) The running of the statutes of limitations in force at the time this act becomes effective.
2. All incomplete proceedings had and taken by any municipality or county, under any law repealed at this session of the legislature, preliminary to and in the acquisition or improvement of any project, the creation of any improvement district, the levy and collection of any assessment, or the issuance of any interim or temporary bond, or any definitive bond, which proceedings are in substantial compliance herewith, may, at the option of the governing body or board, be completed hereunder the same as if such incomplete proceedings had been had and taken pursuant to the provisions hereof.
Sec. 220. 1. This act, without reference to other statutes of the state, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted, including but not limited to the authorization and issuance of bonds hereunder.
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the act herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto.
κ1965 Statutes of Nevada, Page 1406 (CHAPTER 501, SB 80)κ
3. No board, agency, bureau or official other than the governing body of the municipality or the board of the county shall have authority to fix, prescribe, modify, supervise or regulate the levy or collection of special assessments or taxes herein authorized, except as herein expressly provided or necessarily implied, nor to supervise or regulate the acquisition or improvement of any project herein authorized.
4. The provisions of no other law, either general, special or local, except as provided herein, shall apply to the doing of the things herein authorized to be done, and no public body other than the governing body of any municipality or the board of the county proceeding hereunder shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.
5. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.
6. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 221. This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.
Sec. 222. Any act, or part thereof, in conflict with this act is hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, or part thereof, heretofore repealed.
Sec. 223. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 224. This act shall become effective 30 days after its passage and approval.
________
κ1965 Statutes of Nevada, Page 1407κ
Senate Bill No. 82Committee on Judiciary
CHAPTER 502
AN ACT to amend chapter 645 of NRS, relating to real estate brokers and salesmen, by providing for out-of-state cooperation certificates; to amend NRS section 645.630, relating to grounds for revocation of a license, by adding any crime of moral turpitude as a ground for revocation; to amend NRS section 645.740, relating to administrative decisions and appeals, by providing that an appeal from an affirmance by the district court shall not stay the order of the commission; to amend NRS section 645.830, relating to fees, by establishing a fee for an out-of-state broker cooperation certificate; to repeal NRS section 645.640, relating to revocation of license for commission of a felony or crime of moral turpitude; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The administrator shall have authority to issue certificates authorizing out-of-state licensed brokers to cooperate with Nevada brokers, and the commission shall have authority to promulgate rules and regulations establishing the conditions under which such certificates shall be issued and canceled, all subject to the provisions and penalties of this chapter. The real estate division shall charge a fee for the issuance of such certificate as provided in NRS 645.830.
Sec. 2. NRS 645.630 is hereby amended to read as follows:
645.630 The commission shall have the power to suspend [or to revoke] , revoke or reissue, subject to conditions, any license issued under the provisions of this chapter at any time where the licensee has, by false or fraudulent representation, obtained a license, or where the licensee [in performing or attempting to perform any of the acts mentioned in this section] , whether or not acting as a licensee, is deemed to be guilty of:
1. Making any substantial misrepresentation.
2. Making any false promises of a character likely to influence, persuade or induce.
3. Pursuing a continued and flagrant course of misrepresentation, or making of false promises through agents or salesmen or advertising or otherwise.
4. Acting for more than one party in a transaction without the knowledge of all parties from whom he acts.
5. Accepting a commission or valuable consideration as a real estate salesman for the performance of any of the acts specified in this chapter from any person except his employer, who must be a licensed real estate broker.
6. Representing or attempting to represent a real estate broker other than the employer, without the express knowledge and consent of the employer.
7. Failing, within a reasonable time, to account for or to remit any moneys coming into his possession which belong to others.
κ1965 Statutes of Nevada, Page 1408 (CHAPTER 502, SB 82)κ
8. Willfully using the term realtor or any other trade name or insignia of membership in any real estate organization of which the licensee is not a member, without the legal right so to do.
9. Disregarding or violating any of the provisions of this chapter or of any rule or regulation promulgated thereunder.
10. Paying or receiving any rebate, profit, compensation or commission in violation of this chapter.
11. Inducing any party to a contract, sale or lease to break such contract for the purpose of substituting in lieu thereof a new contract with the same principal or a different principal, where such substitution is motivated by the personal gain of the licensee.
12. Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, whether arising from a real estate transaction or not, and has been convicted thereof in a court of competent jurisdiction of this or any other state [.] or of the United States.
13. Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
14. Negligence, or failure to disclose or to ascertain and disclose to any person with whom such licensee is dealing, any material fact, data or information concerning or relating to the property with which such licensee is dealing, which such licensee knew.
15. The practice of claiming, demanding or receiving a fee, compensation or commission under any exclusive agreement authorizing or employing a licensee to sell, buy or exchange real estate for compensation or commission where such agreement does not contain a definite, specified date of final and complete termination.
16. The claiming or taking by a licensee of any secret or undisclosed amount of compensation, commission or profit or the failure of a licensee to reveal to the employer of such licensee the full amount of such licensees compensation, commission or profit under any agreement authorizing or employing such licensee to sell, buy or exchange real estate for compensation or commission prior to or coincident with the signing of such agreement evidencing the meeting of the minds of the contracting parties, regardless of the form of such agreement, whether evidenced by documents in an escrow or by any other or different procedure.
17. The use by a licensee of any provision allowing the licensee an option to purchase in an agreement authorizing or employing such licensee to sell, buy or exchange real estate for compensation or commission, except when such licensee, prior to or coincident with election to exercise such option to purchase, reveals in writing to the employer the full amount of licensees profit and obtains the written consent of the employer approving the amount of such profit.
18. Being unworthy or incompetent to act as a real estate broker or salesman in such manner as to safeguard the interests of the public.
19. Any other conduct, whether of the same or a different character from that hereinbefore specified, which constitutes improper, fraudulent or dishonest dealing.
κ1965 Statutes of Nevada, Page 1409 (CHAPTER 502, SB 82)κ
Sec. 3. NRS 645.740 is hereby amended to read as follows:
645.740 1. The commission shall render a decision on any complaint within 60 days from the final hearing thereon, and shall give immediate notice in writing of such ruling or decision to the applicant or licensee affected thereby, and where the investigation or hearing shall have been instituted by complaint filed, to the person or persons by whom the complaint was made, the notice to be given by registered mail to the last-known address of the person to whom the same is sent.
2. If such ruling shall be to the prejudice of or shall injuriously affect the licensee, the commission shall also state in that notice the date upon which the ruling or decision shall become effective, which date shall not be less than 30 days from and after the date of the notice.
3. The decision of the commission shall not take effect until 30 days after its date, and if notice of appeal and demand for transcript are served upon the commission in accordance with the provisions of NRS 645.760, then such stay shall remain in full force and effect until decision upon appeal by the district court; but if the aggrieved party shall fail to perfect his appeal as provided in NRS 645.760, the stay shall automatically terminate.
4. No appeal from a decision of the district court affirming the revocation or suspension of a license shall stay the order of the commission unless the district or appellate court, in its discretion and upon petition of the licensee, orders such stay, at which time the court shall also set the amount of the supersedeas.
Sec. 4. NRS 645.830 is hereby amended to read as follows:
645.830 The following fees shall be charged by and paid to the real estate division:
For each [section of a] real estate brokers examination........................... [$5] $40
For each original real estate brokers, broker-salesmans or corporate officers license............................................................................................................... 40
For each renewal real estate brokers, broker-salesmans or corporate officers license, on and after July 1, 1964, for 1 year or fraction thereof............... 40
For each [section of a] real estate salesmans examination........................... [5] 40
For each original real estate salesmans license................................................ 25
For each renewal real estate salesmans license, on and after July 1, 1964, for 1 year or fraction thereof............................................................................................ 25
For each branch office brokers license, for 1 year or fraction thereof.......... 25
For each change of name or address.................................................................. 10
For each transfer of real estate salesmans license on change of employer. 10
For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and affidavit made thereof......................................... 10
For each reinstatement of a real estate brokers or salesmans license......... 10 For each reinstatement of a real estate brokers or salesmans license when a licensee fails to give written notice to the commission within 30 days of a change of name, address or broker-employer................................................................. $20
κ1965 Statutes of Nevada, Page 1410 (CHAPTER 502, SB 82)κ
For each reinstatement of a real estate brokers or salesmans license when a licensee fails to give written notice to the commission within 30 days of a change of name, address or broker-employer............................................. $20
For each change of status from broker to broker-salesman, or the reverse.. 10
For each certificate issued to an out-of-state broker licensee for 1 year or fraction thereof................................................................................................ 40
Sec. 5. NRS 645.640 is hereby repealed.
________
Senate Bill No. 143Senators Whitacre and Dodge
CHAPTER 503
AN ACT to amend chapter 407 of NRS, relating to the Nevada state park system, by authorizing the system to enter into cooperative agreements with local political subdivisions for the operation of parks and to apportion the cost; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 407 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section:
(a) Controlling subdivision means any political subdivision of this state, including irrigation, water conservancy and other districts, which owns or controls a site suited to a public park.
(b) Other state agency means any other agency of this state which owns or controls a site suited to a public park or is engaged in park and recreation development.
(c) Park includes any recreational facility.
(d) Using subdivision means any political subdivision of this state which is authorized to establish and maintain public parks.
2. The system is authorized to enter into cooperative agreements for the operation of parks, not a part of the system but which are of state park caliber, with any other state agency, controlling or using subdivision, for the primary purpose of establishing or maintaining a park where:
(a) A controlling subdivision is not authorized to establish or maintain parks; or
(b) A using subdivision would be subjected to an unfair financial burden through extensive use of the park by nonresidents of the using subdivision.
3. Such an agreement shall include:
(a) The system;
(b) The using subdivision in which the site is located; and
(c) The controlling subdivision or other state agency.
κ1965 Statutes of Nevada, Page 1411 (CHAPTER 503, SB 143)κ
The agreement may include any other using subdivision whose residents may be expected to make substantial use of the park.
4. The system shall apportion the cost of operation, or the combined state and local shares of the cost if federal funds are also received, as follows:
(a) As between the state and the using subdivision or subdivisions, on the basis of the number of persons residing outside the using subdivisions, as against the number of residents of such subdivisions, who are estimated or anticipated by the system to use the park.
(b) As between two or more using subdivisions, on the basis of the number of residents of each so estimated or anticipated to use the park.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 180Committee on Banks, Banking and Corporations
CHAPTER 504
AN ACT to amend chapter 18 of NRS, relating to costs and disbursements, by allowing defendants in a shareholders derivative action to move the court to require plaintiff to provide reasonable security for costs; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 18 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section corporation includes an unincorporated association, and board of directors includes the managing body of an unincorporated association.
2. In an action brought to enforce a secondary right on the part of one or more shareholders in a corporation or association, incorporated or unincorporated, because the corporation or association refuses to enforce rights which may properly be asserted by it, the complaint shall be verified by oath and shall aver that the plaintiff was a shareholder at the time of the transaction of which he complains or that his share thereafter devolved on him by operation of law. The complaint shall also set forth with particularity the efforts of the plaintiff to secure from the board of directors or trustees and, if necessary, from the shareholders such action as he desires, and the reasons for his failure to obtain such action or the reasons for not making such effort.
3. In any such action, at any time within 30 days after service of summons upon the corporation or any defendant who is an officer or director of the corporation, or held such office at the time of the acts complained of, the corporation or such defendant may move the court for an order, upon notice and hearing, requiring the plaintiff to furnish security as hereinafter provided. Such motion shall be based upon one or more of the following grounds:
κ1965 Statutes of Nevada, Page 1412 (CHAPTER 504, SB 180)κ
(a) That there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the corporation or its security holders.
(b) That the moving party, if other than the corporation, did not participate in the transaction complained of in any capacity. The court on application of the corporation or any defendant may, for good cause shown, extend such 30-day period for an additional period or periods not exceeding 60 days.
4. At the hearing upon such motion, the court shall consider such evidence, written or oral, by witnesses or affidavit, as may be material:
(a) To the ground or grounds upon which the motion is based; or
(b) To a determination of the probable reasonable expenses, including attorneys fees, of the corporation and the moving party which will be incurred in the defense of the action. If the court determines, after hearing the evidence adduced by the parties at the hearing, that the moving party has established a probability in support of any of the grounds upon which the motion is based, the court shall fix the nature and amount of security to be furnished by the plaintiff for reasonable expenses, including attorneys fees, which may be incurred by the moving party and the corporation in connection with such action, including expenses which the corporation may incur by reason of any obligation which it may have to indemnify its officers or directors pursuant to NRS 78.070 or otherwise. A determination by the court that security either shall or shall not be furnished or shall be furnished as to one or more defendants and not as to others shall not be deemed a determination of any one or more issues in the action or of the merits thereof. The corporation and the moving party shall have recourse to such security in such amount as the court shall determine upon the termination of such action. The amount of such security may thereafter from time to time be increased or decreased in the discretion of the court upon showing that the security provided has or may become inadequate or is excessive. If the court, upon any such motion, makes a determination that security shall be furnished by the plaintiff as to any one or more defendants, the action shall be dismissed as to such defendant or defendants, unless the security required by the court shall have been furnished within such reasonable time as may be fixed by the court.
5. If any such motion is filed, no pleadings need be filed by the corporation or any other defendants, and the prosecution of such action shall be stayed, until 10 days after such motion has been disposed of.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1413κ
Senate Bill No. 185Committee on Judiciary
CHAPTER 505
AN ACT to amend chapter 41 of NRS, relating to actions in particular cases concerning persons, by adding new sections providing for liability of and actions against the state, its agencies and political subdivisions, specifying the conditions and limitations on such actions, providing for administrative settlement of such actions, and providing for insurance of the state and its political subdivisions against liability; to amend NRS sections 11.190, 353.085, and 353.264, relating to limitation of actions, duties of the state board of examiners, and the reserve for statutory contingency fund, respectively, by making changes necessitated by the addition of such new sections; to amend the charters of the cities of Las Vegas and Reno, being, respectively, chapter 132, Statutes of Nevada 1911, as amended, and chapter 71, Statutes of Nevada 1905, as amended, by removing special immunities; to repeal NRS section 353.095, relating to limitation of actions; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against individuals and corporations, except as otherwise provided in sections 3 to 7, inclusive, of this act, provided the claimant complies with the limitations of sections 3 to 5, inclusive, of this act or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability shall be determined in the same manner, except as otherwise provided in sections 3 to 7, inclusive, of this act, provided the claimant complies with the limitations of sections 3 to 5, inclusive, of this act. An action may be brought under this section against the State of Nevada, any agency of the state, or any political subdivision of the state. In an action against the state or any agency of the state, the State of Nevada shall be named as defendant, and the summons shall be served upon the secretary of state.
Sec. 3. No action may be brought under section 2 or against the employee which is based upon an act or omission of an employee of the state or any of its agencies or political subdivisions, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the state or any of its agencies or political subdivisions or of any employee of any of these, whether or not the discretion involved is abused.
Sec. 3.3. No action may be brought under section 2 or against the employee which is based upon:
1. Failure to inspect any building, structure or vehicle, or to inspect the construction of any street, public highway or other public work to determine any hazards, deficiencies or other matters, whether or not there is a duty to inspect;
κ1965 Statutes of Nevada, Page 1414 (CHAPTER 505, SB 185)κ
work to determine any hazards, deficiencies or other matters, whether or not there is a duty to inspect;
2. Failure to discover such hazard, deficiency or other matter, whether or not an inspection is made; or
3. Failure to take action as the result of any discovery of any such hazard, deficiency or other matter.
Sec. 3.6. No action may be brought under section 2 or against the employee which is based upon an act or omission of any peace officer or fireman, unless such act or omission amounts to gross negligence or to willful or wanton misconduct.
Sec. 4. No award for damages in an action sounding in tort brought under section 2 may exceed the sum of $25,000 to or for the benefit of any claimant. No such award may include any amount as exemplary or punitive damages or as interest prior to judgment.
Sec. 5. 1. No action shall be brought under section 2 against a county without complying with the requirements of NRS 244.245 to 244.255, inclusive, or against a city without complying with the requirements of NRS 268.020, or against an unincorporated town without complying with the provisions of NRS 269.085, or against the state or any agency or other political subdivision of the state without complying with the requirements of subsection 2 or 3 of this section.
2. Every claim against the state arising out of contract shall be presented in accordance with the provisions of NRS 353.085 to 353.100, inclusive, and every claim for refund in accordance with the provisions of NRS 353.110 to 353.125, inclusive. Every other claim against the state or any of its agencies shall be presented to the ex officio clerk of the state board of examiners within 6 months from the time the cause of action accrues. He shall within 10 days refer each such claim to the appropriate state agency, office or officer for investigation and report of findings to the board. No action may be brought unless the board refuses to approve or fails within 90 days to act upon the claim.
3. Every claim against any other political subdivision of the state shall be presented, within 6 months from the time the cause of action accrues, to the governing body of that political subdivision. No action may be brought unless the governing body refuses to approve or fails within 90 days to act upon the claim.
Sec. 6. Upon receiving the report of findings as provided in subsection 2 of section 5, the state board of examiners may allow and approve any claim against the state or any of its agencies arising under section 2 to the extent of $1,000. Upon approval of any claim by the state board of examiners, the state controller shall draw his warrant for the payment thereof, and the state treasurer shall pay the same from the reserve for statutory contingency fund. The governing body of any political subdivision whose authority to allow and approve claims is not otherwise fixed by statute may allow and approve any claim against that subdivision arising under section 2 to the extent of $1,000 and pay it from any funds appropriated or lawfully available for such purpose.
Sec. 7. The state and any political subdivision may:
1. Insure itself against any liability arising under section 2.
κ1965 Statutes of Nevada, Page 1415 (CHAPTER 505, SB 185)κ
2. Insure any of its employees against tort liability resulting from an act or omission in the scope of his employment.
3. Insure against the expense of defending a claim against itself whether or not liability exists on such claim.
Sec. 8. NRS 11.190 is hereby amended to read as follows:
11.190 Actions other than those for the recovery of real property unless further limited by [section 1 of this act,] section 1 of Senate Bill No. 113 of the 53rd session of the Nevada legislature, can only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged in a store account.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property; but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting such waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof; but in all cases where the subject of the action is a domestic animal usually included in the term livestock, having upon it at the time of its loss a recorded mark or brand, and when such animal was strayed or stolen from the true owner without his fault, the statute shall not begin to run against an action for the recovery of such animal until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession thereof by the defendant.
(d) An action for relief on the ground of fraud or mistake; the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon the liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or to the state, or an individual and the state, except when the statute imposing it prescribes a different limitation.
κ1965 Statutes of Nevada, Page 1416 (CHAPTER 505, SB 185)κ
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) An action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person shall apply only to causes of action which shall accrue after March 20, 1951.
5. Within 1 year:
(a) An action against an officer, or officers de facto:
(1) To recover any goods, wares, merchandise or other property seized by any such officer in his official capacity, as tax collector, or to recover the price or value of any goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to any goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making such seizure.
(2) For money paid to any such officer under protest, or seized by such officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
(b) Actions or claims against a county, incorporated city [or town], town or other political subdivision of the state which have been rejected by the board of county commissioners, city council or [board of trustees,] other governing body, as the case may be, after the first rejection thereof by such board, city council or [board of trustees.] other governing body, or the expiration of the time limited for failure to act by subsection 3 of section 5.
(c) Actions or claims against the state not arising out of contract, after rejection by the state board of examiners or the expiration of the time limited for their failure to act by subsection 2 of section 5.
Sec. 9. NRS 353.085 is hereby amended to read as follows:
353.085 1. The state board of examiners shall:
(a) Examine all claims arising out of contract and not under NRS 282.290 against the state presented to the board by petition, for which no appropriation has been made and which require action by the legislature.
(b) Take all evidence in regard to the same which may be offered by the claimant or deemed proper by the board.
2. The evidence shall be reduced to writing, and the petition, the written evidence and the opinion of the board in reference to the merits of the same shall be transmitted to the legislature on the first day of its next session.
Sec. 10. NRS 353.264 is hereby amended to read as follows:
353.264 1. There is hereby created in the state treasury the reserve for statutory contingency fund.
2. The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in such fund shall be expended only for the payment of claims which are obligations of the state under NRS 7.260, section 2 of [this act,] chapter 7, Statutes of Nevada 1964, and NRS 176.610, 178.435, 179.310, 212.040, 212.050, 212.070, 214.040 [and 353.120.]
κ1965 Statutes of Nevada, Page 1417 (CHAPTER 505, SB 185)κ
Nevada 1964, and NRS 176.610, 178.435, 179.310, 212.040, 212.050, 212.070, 214.040 [and 353.120.] , 353.120 and section 6 of this act.
(There are no sections 11 to 21, inclusive.)
Sec. 22. Section 10.496 of article XII of the charter of the City of Reno, being chapter 71, Statutes of Nevada 1905, as added by chapter 148, Statutes of Nevada 1949, at page 311, and last amended by chapter 287, Statutes of Nevada 1957, at page 392, is hereby amended to read as follows:
Section 10.496 [1. Notwithstanding the provisions of subsection 2 of this section, the construction, maintenance and repair of sidewalks, curbs and gutters within the City of Reno is hereby declared by the legislature to be a governmental function, and no action, suit or proceeding shall be instituted or maintained against the City of Reno, its officers and agents for injuries to persons or property resulting from any failure on the part of the City of Reno, its officers and agents to construct, maintain or repair any sidewalk, curb or gutter within the city.
2.] The city council shall have the power to require or provide for the repair or construction of sidewalks, curbs, or gutters, and to make the cost thereof a lien or charge against the abutting property, and in default of the payment of such costs upon the completion of such work, the same may be made the subject of a special assessment roll as provided in section 10.70 of this article. Before the city council shall require or provide for the repair or construction hereby authorized, it shall give ten (10) days notice of its intention so to do to the owners of record of the property to be affected by such repair or construction, and such owners shall be given an opportunity to be heard thereon at a public meeting of the council held for that purpose.
Sec. 23. Section 31 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 272, Statutes of Nevada 1959, at page 345, is hereby amended to read as follows:
Section 31. The board of commissioners shall have the power:
1. To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution or statutes 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 board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum not to exceed five hundred ($500) dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment, and in addition thereto the punishment may include any other penalty provided by statute for the same or similar offense against the statutes of the State of Nevada.
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.
κ1965 Statutes of Nevada, Page 1418 (CHAPTER 505, SB 185)κ
5. Subject to the general laws of the state relating to the issuance of bonds by municipalities, to borrow money on the credit of the city for the corporate purposes hereinafter designated, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the board may secure the payment of any bonds of the city by making them preferred liens against the real or other property of the city; provided, that except as otherwise provided in this act, said city shall not issue nor have outstanding at any time bonds to an amount in excess of 20 percent of the total valuation of the taxable property within its limits, as shown by the last preceding tax list or assessment roll, nor shall said city have issued or outstanding at any time warrants, certificates, scrip, or other evidence of indebtedness, excepting the bonded indebtedness, in excess of 2 percent of said 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, issuing bonds, or loaning its credit for establishing, constructing, purchasing, otherwise acquiring, improving, extending and bettering supplies of water, the municipal water works, and other water facilities.
Said board shall have the power, in addition to the powers elsewhere conferred upon said board, either individually or jointly with other municipalities, to establish, construct, purchase, otherwise acquire, improve, extend, and better a sanitary sewer system, storm sewer system, or joint sanitary and storm sewer system, sanitary sewers, waste mains, storm drains, storm sewers, sewer disposal plants, a supply of water, a municipal water works, other water facilities, electric light and power plants, transmission lines, and other electric facilities, or other public utilities, streets, alleys, and other public highways, highway viaducts, overpasses, subways, underpasses, public parks, playgrounds, swimming pools, auditoriums, convention halls, amusement halls, golf courses, recreation centers, other recreational facilities, a city hall, fire extinguishing equipment, and buildings therefor, buildings for other municipal facilities and activities, to acquire a suitable site or grounds for any of said facilities, to equip and furnish the same, and to issue bonds therefor, at one time, or from time to time, which bonds shall be of convenient denominations, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal or substantially equal amounts of principal and interest, commencing not later than 3 years from the date of the bonds and ending not later than 25 years from said date, and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk.
Before issuing said bonds, the said board shall publish a notice at least once a week, on the same date of the week, for at least three consecutive weeks in some newspaper published within said city, calling for the submission of a question authorizing the issuance of such bonds to the regularly qualified electors of the city at a general or special election.
κ1965 Statutes of Nevada, Page 1419 (CHAPTER 505, SB 185)κ
to the regularly qualified electors of the city at a general or special election. Such notice shall state the amount of the proposed bond issue, that said bonds shall bear a rate of interest not to exceed 7 percent per annum, the time and the manner of their payment, and that they are for a purpose therein designated. The board shall cause a sufficient number of ballots to be printed which shall bear substantially the following words: .. bonds-Yes and .. bonds-No, printed thereon in parallel lines one above the other. The voter will stamp a cross or capital X in the square after the word No, if opposed to the bond issue and after the word Yes, if in favor of the issue. The election shall be conducted and the votes canvassed and announced in all several particulars as in other elections.
If the majority of the votes cast are in favor of the issuance of the bonds, the said board of commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act.
Said bonds shall be sold at not less than their par value. The said board shall provide for the payment of said bonds and the interest thereon at the time of regular tax levy for state and county and city purposes by levying an additional tax upon the property, real and personal, within the limits of the city, sufficient in their judgment to pay the principal of and the interest on said bonds as the same become due. Said taxes shall be assessed and collected the same as other taxes paid to the county treasurer and by him placed in a fund appropriately designated and solely used for the redemption of the principal of and the interest on said bonds, and any prior redemption premium due in connection therewith. All facilities or improvements constructed under the provisions of this act shall be constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board or it may advertise for plans and specifications and bids for construction as they may see fit.
6. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation of or refunding of the same.
7. To divide the city into districts for the purpose of local taxation or to create districts for the 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 licenses, fees, and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of licenses and the 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, whatsoever, conducted in whole or in part within the city, including, but not limited to, all theaters, theatrical, or melodeon performances and performances of any, every, and all kinds for which an admission fee is charged, circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements; provided, upon written application of any executive officer of any local post or unit of any national organization of ex-service men, acting in his official capacity, such license or licenses shall be issued without charge for not to exceed two weeks in any calendar year, where the local post or unit is to participate in such show or the proceeds thereof; hotels, auto camps, restaurants, chophouses, cafes, eating houses, lunch counters, lodginghouses, accommodating four or more lodgers, manufacturers, laundries, livery stables, garages, automobiles and motor sales agencies, vulcanizing shops, battery service shops, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed brickyards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city; auctioneers, stockbrokers, and stock exchanges; grocers, merchants of any, every, and all kinds, trades and traders of all kinds, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life, and accident insurance companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, 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 or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, or purchaser, or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit, and lemonade stands, refreshments or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.
κ1965 Statutes of Nevada, Page 1420 (CHAPTER 505, SB 185)κ
or unit is to participate in such show or the proceeds thereof; hotels, auto camps, restaurants, chophouses, cafes, eating houses, lunch counters, lodginghouses, accommodating four or more lodgers, manufacturers, laundries, livery stables, garages, automobiles and motor sales agencies, vulcanizing shops, battery service shops, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed brickyards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city; auctioneers, stockbrokers, and stock exchanges; grocers, merchants of any, every, and all kinds, trades and traders of all kinds, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life, and accident insurance companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, 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 or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, or purchaser, or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit, and lemonade stands, refreshments or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.
Within said city to regulate, prescribe the location of, or prohibit, and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, and dance houses.
κ1965 Statutes of Nevada, Page 1421 (CHAPTER 505, SB 185)κ
and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, and dance houses.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state, street fakers, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed or sales stables, cattle or horse corrals, foundries and machine shops, dog fights, prize fights, cockfights, bear, bull or badger baits, sparring and sparring contests.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress taverns, saloons, barrooms, and all establishments dealing in the sale of liquor whether for consumption on or off the premises.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress games, gaming houses, gambling, as allowed by law, in all its various forms.
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, taxis, express wagons, drays, job wagons and other public vehicles, and to regulate their charges, and to require schedule 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 and other businesses.
12. To lay out, establish, open, alter, widen, extend, narrow, vacate either on its own motion or as prescribed by the general law of the state, the streets, alleys, avenues, public ways, sidewalks, parks, and public grounds, or improve the same by macadamizing, remacadamizing, concreting, reconcreting, oiling, reoiling, curbing, recurbing, grading, regarding, graveling, regraveling, paving, repaving, draining, parking, reparking, cleaning, repairing, lighting, relighting, surfacing, resurfacing, or in any other way improve the same, and by ordinance, resolution, or order require and provide for such improvements. To install, reinstall, construct, reconstruct, acquire, repair sewers, storm sewers, drains, storm drains, disposal plants and waste mains therefrom, and otherwise improve the same; to require the occupant or owner of improved property to connect his premises to the municipal sewage disposal system if the same be immediately adjacent to such property on a public street or alley and to provide for the punishment of such owner or occupant for failure to make such connection; to fix, impose, and collect a charge and fee to be paid in advance by the occupant or owner of the premises served by or through said sewage disposal system, such charge and fee to become and be a lien on the lot and premises so served, and, in addition to all other remedies allowed by law for the collection of such charge and fee, the lien therefor may be enforced in the manner provided by law, and the sewer connection may be disconnected and service discontinued until the delinquent charge and fee together with the cost for disconnection and reconnection is paid, and a license for the conduct of any business in said premises may be refused unless said charge and fee is paid.
κ1965 Statutes of Nevada, Page 1422 (CHAPTER 505, SB 185)κ
paid, and a license for the conduct of any business in said premises may be refused unless said charge and fee is paid.
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.
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 sale upon the streets, sidewalks, and in public places, including the power to acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets and upon any other property acquired for the purpose of establishing off-street public parking facilities for vehicles. The parking fees to be charged for the use of the parking facilities regulated by such meters shall be fixed by ordinance. The commissioners shall have the power to acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The commission may issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper, and the commission may in such bonds pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.
19. To regulate the use of sidewalks and all structures thereunder, thereupon or thereover, and to require the owner or occupant of any property to keep sidewalks in front or along the same, free from snow and other obstructions.
20. To regulate and prevent the throwing or disposing of ashes, offal, dirt, garbage or any offensive matter, in, and to prevent injury or obstruction to, any street, avenue, alley, park, or public grounds.
21. To provide for the collection, removal, hauling, conveying, transporting or disposal of garbage, rubbish, dirt, ashes, offal, refuse, dead animals, and any offensive matter from public or private property by contract or otherwise; to regulate the collection, removal, hauling, conveying, transporting, disposal, or burning of the same, and to prohibit such collection, removal, hauling, conveying, transporting, disposal, or burning by any person or persons other than the city or its duly authorized contractor and his or its agents, servants, and employees; to fix, impose, and collect a charge and fee to be paid by the occupants or owners of premises from which such collection, removal, hauling, conveying, transporting or disposal is made. Provided, however, that the city shall not maintain any dump for the open-air disposal or burning of rubbish or refuse within three miles of the city limits.
22. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, signposts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisements.
κ1965 Statutes of Nevada, Page 1423 (CHAPTER 505, SB 185)κ
23. To regulate or prevent the flying of flags, banners, or signs across the street, or from buildings.
24. To regulate or prohibit the exhibition, distribution, or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
25. To regulate the speed of horses and other animals, bicycles, automobiles, and the other conveyances, and vehicles, and cars and locomotives within the city 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 horse racing, immoderate driving or riding in the streets, alleys, avenues, and public places.
26. To compel persons to fasten animals attached to vehicles standing or remaining on the streets, alleys, avenues, and public places.
27. To regulate or prohibit any public demonstrations and processions.
28. 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 or horses.
29. To regulate the ringing of bells, blowing of horns and 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.
30. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
31. To permit, regulate, or prohibit the location, construction, or laying of the tracks of any railroad or tramway in any street, alleys, avenue, 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 and connecting and terminal tracks.
32. To require every railroad and street railway company to keep the streets in repair between the tracks and along and within two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.
33. To declare a nuisance and take up and remove, or to 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 with cars for public use for a period of one year after the laying thereof.
34. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and to keep the same in repair within the limits of the city.
35. 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 tracks 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 on adjacent property shall not be impaired.
κ1965 Statutes of Nevada, Page 1424 (CHAPTER 505, SB 185)κ
established by such city, so that such tracks 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 on adjacent property shall not be impaired.
36. To grant an exclusive franchise to any person, firm, association, or corporation to operate and maintain a bus line in the city of Las Vegas, such franchise to be granted only upon terms which shall be advantageous to the city of Las Vegas; and the board of commissioners shall have the right to fix and prescribe the fare to be charged by the person, firm, association, or corporation procuring such franchise, or operating and maintaining such bus line.
37. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
38. 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.
39. To contract with, authorize or grant to any person, company, or association a franchise to construct, maintain, and operate gas, electric, or other lighting works in the city, and to give such person, company, or association the privilege of furnishing light for the public buildings, streets, sidewalks, and alleys of said city.
40. To provide for the lighting of streets, laying down of gas pipes, and erecting of lampposts; to regulate the use of gas, natural gas, and electric and other lights and electric power, and to regulate the inspection thereof.
41. To construct and maintain waterworks, gasworks, electric light works, street railways, or bathhouses, 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.
42. To construct or authorize the construction of waterworks 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.
43. To regulate and control the water and watercourses, ditches, and flumes, within or leading to the city, and to regulate and control mill privileges within the city.
44. To construct, purchase or lease, and maintain canals, ditches, flumes, artesian wells and reservoirs; and to purchase or lease springs, streams, or sources of water supply for the purpose of providing water for irrigation, domestic, or other public purposes; and to prevent all waste of water flowing from artesian wells, 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.
κ1965 Statutes of Nevada, Page 1425 (CHAPTER 505, SB 185)κ
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.
45. To fix the rate to be paid for the use of water furnished by the city.
46. To purchase, construct, lease, rent, manage, and maintain any system or part of a system of waterworks, hydrants, and supplies of water, telegraphic 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.
47. To regulate the construction, repair, and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters, and plumbing; 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.
48. To establish markets and market houses and to provide for the regulation and use thereof.
49. 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.
50. To provide for and regulate the inspection of meats, fruits, poultry, fish, butter, cheese, lard, vegetables, flour, meal, milk and all other provisions.
51. To provide for the inspection, measurement or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
52. To provide for the inspection and scaling of weights and measures.
53. To enforce the keeping and use of proper weights and measures by vendors. To provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, ice and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures, duly tested and sealed, and appoint the necessary officers therefor.
54. 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.
55. To provide for and regulate the location, management, and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, soap factories, foundries, breweries, livery stables and blacksmith shops in or within one mile of the limits of the corporation.
56. To prohibit any offensive or unwholesome business or establishments in or within one mile of the limits of the corporation; to compel the owner of any pigsty, privy, barn, corral, sewer, or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.
κ1965 Statutes of Nevada, Page 1426 (CHAPTER 505, SB 185)κ
the owner of any pigsty, privy, barn, corral, sewer, or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.
57. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious, malignant diseases into the city and to make quarantine laws and regulations and to enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
58. 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 ground, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
59. 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.
60. To provide for the burial of the indigent dead and to pay the expenses thereof.
61. To authorize the taking and to provide for the safekeeping and education, for such periods of time as may be expedient, of all children who are destitute or without proper parental care.
62. 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.
63. To define fire limits, and prescribe limits within which no buildings shall be constructed, except if 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.
64. 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.
65. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heater, ovens, furnaces, boilers and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition.
κ1965 Statutes of Nevada, Page 1427 (CHAPTER 505, SB 185)κ
boilers and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition.
66. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
67. To regulate and prohibit the keeping of any lumberyard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
68. 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 combustible or explosive material, and the use of lights in stables and other places, and the building of bonfires.
69. 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 board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
70. 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.
71. To prohibit cruelty to animals.
72. To prevent the running at large in the city of poultry, hogs, sheep, goats, swine, horses, cows, or other animals; to establish and maintain a pound and to authorize the impounding, sale or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large.
73. 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 board may deem proper.
74. 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.
75. To provide for the punishment of all vagrants, mendicants, and persons found in said city without visible means of support or some legitimate business.
76. To prevent intoxication, fighting, quarreling, dogfights, cockfights, prizefights, bullfights, and also all disorderly conduct which tends to violate the peace and quietude of any individual or individuals within the city, and to provide against and to prevent the offenses of assault and battery and petit larceny; 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 street, lots, grounds, alleys, or about or in the vicinity of public buildings.
κ1965 Statutes of Nevada, Page 1428 (CHAPTER 505, SB 185)κ
within the city, and to provide against and to prevent the offenses of assault and battery and petit larceny; 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 street, 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 or obtained by false pretenses does not exceed in value the sum of fifty dollars. The provisions of this subdivision are separate and distinct from the provisions of subdivision No. 73 of this section.
77. To regulate and prohibit the carrying of concealed weapons.
78. 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 Las Vegas whenever such offense is committed within the boundaries of said city.
79. To establish, erect and maintain city jails, houses of correction of 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.
80. 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.
81. To provide for and regulate the numbering of houses and lots.
82. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, either as sole owner or as tenant in common, with the county of Clark, State of Nevada, both within and without the city boundaries, and as such sole owner or as such tenant in common to improve, operate, regulate, and protect such property, and to do all other things in relation thereto which natural persons might do; including the right to contract for the sale or purchase of real and personal property for a period of not to exceed ten (10) years; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose.
83. To erect and maintain all needful buildings for the use of the city.
84. Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto, including the right to condemn, appropriate and use real and personal property either alone or jointly with any other incorporated city, the county of Clark, or other municipal corporation beyond the corporate limits for water facilities, including pumping plants, water lines, water distribution system, sewer plants, sewer effluent, sewage disposal lines and appurtenances thereto.
κ1965 Statutes of Nevada, Page 1429 (CHAPTER 505, SB 185)κ
facilities, including pumping plants, water lines, water distribution system, sewer plants, sewer effluent, sewage disposal lines and appurtenances thereto.
85. To authorize, by ordinance, officers of the city police department to direct all traffic in accordance with the provisions of the traffic ordinances of the city, except in times of emergency, at which times such officers may, by such ordinance, direct the traffic as public safety or public convenience may require.
86. To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary in the judgment of the board of commissioners to enforce or maintain any right of the city and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of commissioners, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building or any sidewalk or other improvement which benefits the property of the owner thereof. All such suits, actions, and proceedings shall be instituted, commenced, prosecuted and defended, as the case may be, by the city attorney, without additional compensation.
87. To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances in, along, over, under and across the streets, alleys, and public places; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places.
88. To provide punishment for and suppress the unlawful sale, storage or keeping, offering or exposing for sale or barter, manufacture, storage or keeping, or other disposal of intoxicating liquors within the said city or within one mile outside of the city limits.
89. Whenever ten (10) per centum or more of the qualified voters resident within the corporate limits of the city of Las Vegas, as shown by the number of votes cast for mayor at the last preceding election at which a mayor was elected for such city, shall by petition, in writing, presented to such board, express their wish that any act be done or ordinance be passed, the board of commissioners shall cause a special election to be held as provided by law, unless the submission of such proposition or propositions, at the next general, city, county, or state election, may appear to such board more practicable and economical. Such proposition, or propositions, shall be submitted to the people at such general or special election, as the case may be, in a brief and concise manner so as to be readily understood by the ordinary person of common understanding, and if a special election, it shall be conducted in the manner now provided by law for the conduct of special elections; provided, however, the said board may, at its discretion, give effect to such wish by appropriate action in that behalf if within the limits of the powers granted by this act. At the conclusion of any election at which any proposition or propositions were so submitted to the people, said board is hereby authorized, empowered, and directed to give, by such appropriate act as may be necessary, full force and effect to each, all and every choice or wish so expressed at such election if within the limits of powers granted by this act.
κ1965 Statutes of Nevada, Page 1430 (CHAPTER 505, SB 185)κ
give, by such appropriate act as may be necessary, full force and effect to each, all and every choice or wish so expressed at such election if within the limits of powers granted by this act.
90. To require the construction and repair of sidewalks, curbs and gutters by the owners of abutting lots, and to construct and repair the same at city expense; provided, however, that if the expense thereof shall be paid by the city, the same shall constitute a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied and collected, and said lien shall be completed by the filing of a statement of the cost thereof with a description of the property in the office of the County Recorder of Clark County, Nevada. [Notwithstanding any other provisions of this subsection, the construction, maintenance and repair of sidewalks, curbs and gutters within the city of Las Vegas is hereby declared by the legislature to be a governmental function, and no action, suit or proceeding shall be instituted or maintained against the city of Las Vegas, its officers and agents, for injuries to persons or property resulting in any failure on the part of the city of Las Vegas, its officers and agents, to construct, maintain or repair any sidewalk, curb or gutter within the city.]
91. To adopt and enforce by ordinance all such regulations, in case no express provision is in this act made, as the board of commissioners may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances of any other subject of municipal control or to carry into force or effect any further powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose or intent thereof.
Sec. 24. No claim against the State of Nevada, any agency of the state, or any political subdivision of the state which has been filed or upon which action has been brought under any statute in effect prior to the effective date of this act shall abate by reason of this act. Any such claim may be allowed, or any action may be brought upon it, or any action brought may be prosecuted to judgment, the same manner and within the same limitations of time as heretofore permitted by law.
Sec. 25. NRS 353.095 is hereby repealed.
Sec. 26. This act shall become effective at 12:05 a.m. on July 1, 1965.
________
κ1965 Statutes of Nevada, Page 1431κ
Senate Bill No. 246Committee on Judiciary
CHAPTER 506
AN ACT to amend chapter 232 of NRS, relating to state departments, by adding a new section allowing directors and chief executive officers of departments within the executive branch of the state government to transfer personnel between divisions within a department; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The director or chief executive officer of each of the departments established by law within the executive branch of state government shall conduct such investigations and studies as he deems necessary to determine the most efficient and economical use of the personnel of his department. The director or chief executive officer may transfer the personnel of one or more divisions of his department to one or more other divisions if he finds that such transfer will result in a greater utilization of personnel, produce a more efficient operation of the department, result in economies within the department or improve the organization of the department.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 247Committee on Judiciary
CHAPTER 507
AN ACT to amend chapter 704 of NRS, relating to public utilities, by adding a new section prescribing where security agreements covering real or personal property of railroads and other public utilities shall be recorded; and providing other matters properly relating thereto.
[Approved April 14, 1965]
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 a new section which shall read as follows:
1. Any mortgage of real property or of both real property and goods, including fixtures, or a security interest in fixtures alone, made by a corporation which is a railroad or a public utility, as defined in NRS 704.020, shall be recorded in the office of the county recorder of the county or counties in which the property is located, and when so recorded shall be a lien on the real property and fixtures described in the mortgage or security agreement from the time of recording and on fixtures thereafter acquired subject to the mortgage or security agreement from the time of acquisition.
κ1965 Statutes of Nevada, Page 1432 (CHAPTER 507, SB 247)κ
fixtures thereafter acquired subject to the mortgage or security agreement from the time of acquisition. If the mortgage or security agreement includes goods, a copy of the mortgage or security agreement or a financing statement describing the goods by item or by type shall be filed with the secretary of state and shall be effective from the time provided in the Uniform Commercial Code of this state, but the security interest in the goods and in goods thereafter acquired subject to the mortgage or security agreement shall be effective without refiling as long as the mortgage or security agreement remains in effect, and this lien shall be enforcible in accordance with the laws of this state governing mortgages of real estate.
2. A security interest in goods alone created by a corporation which is a railroad or a public utility shall be perfected by filing a financing statement in the office of the secretary of state and shall in all respects except as to place of filing be governed by the Uniform Commercial Code of this state. This is a statute providing for central filing of security interests in property within the meaning of section 9-302 of the Uniform Commercial Code of this state.
3. The secretary of state shall maintain a separate file for mortgages, security agreements and financing statements on which the debtor is a corporation which is a railroad or a public utility, and the uniform fee for filing, indexing and furnishing filing data for such financing statements shall be $1.
4. Nothing in this act or in the Uniform Commercial Code of this state shall impair the validity or effectiveness against third parties of any mortgage of real property, or of both real property and goods, including fixtures, or a security interest in fixtures alone, heretofore made by a corporation which is a railroad or public utility, if such mortgage or security interest was recorded or filed or perfected in accordance with the law of this state prior to the effective date of the Uniform Commercial Code of this state, and such law shall govern the continued effectiveness and enforcement of such mortgages and security interests with respect to all property covered thereby whether acquired by such corporation before or after such date.
Sec. 2. This act shall become effective only if the Uniform Commercial Code is enacted into law in this state, and shall become effective upon the effective date of such enactment.
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κ1965 Statutes of Nevada, Page 1433κ
Senate Bill No. 257Senator Brown
CHAPTER 508
AN ACT to amend chapter 350 of NRS, relating to the borrowing and bonds of counties, municipalities and districts, by adding new sections creating a general obligation bond commission, prescribing its organization and procedure, and requiring prior approval by such commission for the submission to the electors of any proposal to issue general obligation bonds; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 350 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 3 to 7, inclusive, of this act, commission means the general obligation bond commission created pursuant to section 3 of this act.
Sec. 3. 1. There is hereby created in each county a general obligation bond commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:
(a) In each county which contains more than one incorporated city or town:
(1) One representative of the city or town in which the county seat is located;
(2) One representative of the other incorporated cities or towns jointly; and
(3) One representative of the public at large.
(b) In each county which contains but one incorporated city or town:
(1) One representative of the incorporated city or town; and
(2) Two representatives of the public at large.
(c) In each county which contains no incorporated city or town, one representative of the public at large.
Each representative of a single local government shall be chosen by its governing body. Each representative of two or more local governments shall be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large shall be chosen by the other members of the commission from residents of the county who have a knowledge of its financial structure. A tie vote shall be resolved by lot.
2. The first members of the commission shall be chosen within 30 days following July 1, 1965, and shall serve until December 31, 1966. Their respective successors shall be chosen in January of each odd-numbered year beginning in 1967, and shall hold office for a term of 2 years beginning January 1.
3. Any vacancy shall be filled in the same manner as the original choice was made for the remainder of the unexpired term.
Sec. 4. 1. The first commissioners appointed shall meet during the month of August 1965, at the call of the chairman of the board of county commissioners, to organize by selecting a chairman and vice chairman.
κ1965 Statutes of Nevada, Page 1434 (CHAPTER 508, SB 257)κ
county commissioners, to organize by selecting a chairman and vice chairman. Thereafter, each commission shall meet during the month of February of each odd-numbered year, to organize in like manner. The county clerk shall be ex officio the secretary of the commission.
2. In addition to the organization meeting, each commission shall meet at the call of the chairman whenever business is presented, as provided in sections 5 and 6 of this act.
3. A majority of the members shall constitute a quorum for all purposes.
Sec. 5. Before any proposal to issue general obligation bonds may be submitted to the electors of a county, incorporated city or town, unincorporated city or town, school district, or other district or political subdivision (excluding the state) pursuant to chapters 350 or 387 of NRS or any other law, or before any other formal action may be taken preliminary to the issuance of any general obligation bonds, their proposed issuance must receive the favorable vote of a majority of the members of the general obligation bond commission of the county in which it is situated. In the case of a joint school district or other district embracing all or part of two or more counties, the proposal must receive such favorable vote in the county or counties in which a majority of its assessed valuation is situated.
Sec. 6. 1. The governing body of the political subdivision (excluding the state) proposing to issue general obligation bonds shall notify the secretary of each appropriate commission, and shall submit a statement of its proposal in sufficient number of copies for each member of the commission. The secretary, with the approval of the chairman, shall thereupon, within 10 days, give notice of a meeting to be held not less than 10 nor more than 20 days thereafter. He shall provide a copy of the proposal to each member with the notice of the meeting.
2. The commission may adjourn a meeting called to consider a particular proposal no more than once, for no more than 10 days. Notification of the approval or disapproval of its proposal shall be sent to the governing body within 3 days after the meeting.
3. A proposal which has been disapproved may not be resubmitted until after the expiration of 90 days from the date of the meeting.
Sec. 7. Sections 2 to 6, inclusive, of this act do not apply to:
1. Any general obligation bonds approved at an election held prior to July 1, 1965, whether or not such bonds are issued prior to that date;
2. Any general obligation bonds authorized to be issued by a special act adopted and approved prior to the effective date of this act; and
3. Any bonds issued for the purpose of refunding outstanding general obligation bonds.
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κ1965 Statutes of Nevada, Page 1435κ
Senate Bill No. 271Committee on Judiciary
CHAPTER 509
AN ACT to amend chapter 581 of NRS, relating to weights and measures, by adding a new section regulating the sale of liquefied petroleum gas; providing for the use of volume correction factor tables or temperature compensating meters by liquefied petroleum gas vendors; authorizing the promulgation of rules and regulations by the state sealer of weights and measures; providing exceptions and penalties; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 581 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section, liquefied petroleum gas means and includes any material which is composed predominately of any of the following hydrocarbons, or mixtures of the same: Propane, propylene, butanes, either normal butane or isobutene, and butylenes.
2. Liquefied petroleum gas sold as a liquid and by meter liquid measurement shall be sold at the rate of 231 cubic inches per gallon at 60° F.
3. When liquefied petroleum gas is sold by use of a temperature compensating meter approved by the state sealer of weights and measures pursuant to the provisions of NRS 581.105 the sales ticket shall:
(a) Show the number of compensated gallons delivered; and
(b) State that a temperature correction was made to 60° F.
4. When liquefied petroleum gas is sold by use of a volume correction factor table approved by the state sealer of weights and measures pursuant to the provisions of NRS 581.105 the sales ticket shall:
(a) Show the number of metered gallons delivered;
(b) Show the temperature of the liquefied petroleum gas when delivered;
(c) Before final invoicing, show the number of compensated gallons delivered; and
(d) State that a temperature correction was made to 60° F.
5. The temperature compensating requirements of this section shall not apply to:
(a) Sales of liquefied petroleum gas from fixed liquefied petroleum gas dispensing systems when delivery is made directly to fuel tanks of motor vehicles or to portable containers.
(b) Interstate tank car and transport truck deliveries to bulk storage, or to public utility systems using pipes or other fixtures in the public highways or streets for the transmission of liquefied petroleum gas and operating under the jurisdiction of the public service commission of Nevada, or to any public service company whose operations are subject to the jurisdiction of the public service commission of Nevada.
6. Pursuant to the provisions of NRS 581.050, the state sealer of weights and measures is authorized to establish and promulgate rules and regulations found necessary by him to carry out the provisions of this section, including without limitation rules and regulations authorizing tolerances in excess or deficiency for temperature compensating meters.
κ1965 Statutes of Nevada, Page 1436 (CHAPTER 509, SB 271)κ
this section, including without limitation rules and regulations authorizing tolerances in excess or deficiency for temperature compensating meters.
7. Any person who violates any of the provisions of this section or of the rules and regulations of the state sealer of weights and measures established and promulgated by him pursuant to the provisions of subsection 6 of this section shall be punished as provided in NRS 581.450.
Sec. 2. This act shall become effective on October 1, 1965.
________
Senate Bill No. 298Committee on State Institutions
CHAPTER 510
AN ACT appropriating moneys for the support of the Spring Mountain Youth Camp in Clark County, Nevada, established pursuant to the provisions of NRS 244.297; providing a procedure for the expenditure of such moneys and the purposes for which they shall be expended; and providing other matters properly relating thereto.
[Approved April 14, 1965]
Whereas, In accordance with the provisions of NRS 244.297, the board of county commissioners of Clark County has established and is maintaining and operating a juvenile forestry camp known as the Spring Mountain Youth Camp; and
Whereas, The State of Nevada is benefited by the operation of such camp because it transfers a substantial financial burden from the Nevada youth training center in Elko County, Nevada; and
Whereas, It is a proper governmental function of the State of Nevada to contribute to the support of such juvenile forestry camp; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby created in the state treasury the 1965 juvenile forestry camp fund. Moneys in such fund shall be expended by the director of the state department of conservation and natural resources for the purpose of constructing and equipping a new kitchen for the Spring Mountain Youth Camp in Clark County, Nevada.
2. Moneys in the 1965 juvenile forestry camp fund shall be expended on claims approved by the director of the state department of conservation and natural resources and paid as other claims against the state are paid.
3. The board of county commissioners of Clark County shall cooperate with the director of the state department of conservation and natural resources in carrying out the provisions of this act.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the 1965 juvenile forestry camp fund the sum of $36,325.
κ1965 Statutes of Nevada, Page 1437 (CHAPTER 510, SB 298)κ
$36,325. When such sum has been expended in accordance with the provisions of this act, the 1965 juvenile forestry camp fund shall cease to exist.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 309Committee on Judiciary
CHAPTER 511
AN ACT to amend NRS section 209.290, relating to forfeiture and restoration of time credits of inmates of the state prison, by transferring the power to forfeit and restore such credits to the state board of parole commissioners.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.290 is hereby amended to read as follows.
209.290 1. If any convict shall:
(a) Commit any assault upon his keeper or any foreman, officer, convict or person, or otherwise endanger life; or
(b) Be guilty of any flagrant disregard of the rules of the prison; or
(c) Commit any misdemeanor; or
(d) In any manner violate any of the rules and regulations the prison,
he shall forfeit all deductions of time earned by him before the commission of such offense, or that he may earn in the future, or shall forfeit such part of such deductions as to the state board of parole commissioners may seem just.
2. A forfeiture, however, shall be made only by the state board of parole commissioners after due proof of the offense and notice to the offender, and no forfeiture shall be imposed when a convict has violated a rule without violence or evil intent, of which the state board of parole commissioners shall be the sole judges.
3. The state board of parole commissioners shall have the power to restore credits forfeited for such reasons as by it may seem proper.
________
Senate Bill No. 320Committee on Finance
CHAPTER 512
AN ACT authorizing the resignation of Chief Justice Frank McNamee from the supreme court; directing the filling of the resulting vacancy; granting a special pension; and providing other matters properly relating thereto.
[Approved April 14, 1965]
Whereas, The efficient functioning of the supreme court is of the greatest importance to the State of Nevada; and
Whereas, The legislature is aware that the present chief justice has been cruelly stricken, and will be unable for many months, if at all during his term of office, to resume his duties; and
κ1965 Statutes of Nevada, Page 1438 (CHAPTER 512, SB 320)κ
been cruelly stricken, and will be unable for many months, if at all during his term of office, to resume his duties; and
Whereas, The method prescribed by the constitution, whereby a district judge is called to sit for a disabled justice, is cumbersome to the supreme court and hampers the several district courts in dealing with their already crowded calendars; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The chief justice of the supreme court, the Honorable Frank McNamee, may resign his office by any writing fairly expressing his intent to do so, signed by him or at his direction, at any time when he may be in sufficient possession of his faculties to understand the nature of his act. Such resignation shall be effective notwithstanding any prior or subsequent disability from which he may suffer.
Sec. 2. If he so resigns, the vacancy thereby created shall be filled in the manner provided by NRS 2.040.
Sec. 3. If he so resigns, he shall be entitled, notwithstanding the provisions of NRS 2.060 or any other law, to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as salary for his judicial services during the last year thereof, payable in monthly installments from the funds provided by direct legislative appropriation for the payment of pensions to justices of the supreme court.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 326Committee on Finance
CHAPTER 513
AN ACT to amend an act entitled An Act to amend chapter 443 of NRS, relating to tuberculosis, by adding new sections establishing a special silicosis program to be administered by the state department of health; establishing standards of eligibility; creating a fund; and providing for benefits; to repeal NRS section 617.480, relating to special silicosis cases; appropriating moneys; and providing other matters properly relating thereto, approved April 6, 1961, as amended.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 7 of the above-entitled act, being chapter 311, Statutes of Nevada 1961, as amended by chapter 91, Statutes of Nevada 1963, at page 95, is hereby amended to read as follows:
Section. 7. There is hereby appropriated from the general fund in the state treasury to the special silicosis fund, for the purposes of carrying out the provisions of this act from the effective date of this act until July 1, [1965,] 1967, the sum of $348,000.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1439κ
Senate Bill No. 327Committee on Aviation, Transportation and Highways
CHAPTER 514
AN ACT to amend NRS section 706.340, relating to motor vehicle carriers, by forbidding motor carriers to operate any motor vehicle upon a highway when it is discovered or declared to be in an unsafe condition.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.340 is hereby amended to read as follows:
706.340 1. The provisions of all laws except NRS 484.500 pertaining to the safe operation of motor vehicles upon the public highways of this state are hereby declared applicable to all motor vehicles coming within the terms of NRS 706.010 to 706.700, inclusive.
2. No motor carrier, as defined by NRS 706.030 to 706.120, inclusive, shall permit or require a driver to drive any motor vehicle revealed by inspection or operation to be in such condition that its operation would be hazardous or likely to result in a breakdown of the vehicle, nor shall any driver drive any motor vehicle which by reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown of the vehicle. If, while any motor vehicle is being operated on the highway, it is discovered to be in such unsafe condition, it shall be continued in operation only to the nearest place where repairs can be safely effected, and even such operations shall be conducted only if it be less hazardous to the public than permitting the vehicle to remain on the highway.
3. No motor carrier shall permit or require a driver to drive, nor shall any driver drive, and motor vehicle which by reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown and which motor vehicle has been declared out of service by an authorized employee of the commission. When the repairs have been made, the carrier shall so certify to the commission in accordance with the requirements of the commission.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1440κ
Assembly Bill No. 140Committee on Social Welfare
CHAPTER 515
AN ACT to amend chapter 201 of NRS, relating to crimes against public decency and good morals, by defining minor child for purposes of nonsupport; and to amend NRS section 201.020, relating to nonsupport, by making a second conviction of nonsupport of wife or children punishable as a felony, obligating parents to support children over the age of majority who are unable to provide for themselves because of infirmity, incompetency or other legal disability contracted prior to reaching the age of majority, and obligating parents to support all minor children, legitimate or illegitimate.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 201 of NRS is hereby amended by adding thereto a new section which shall read as follows:
For the purposes of NRS 201.020 to 201.080, inclusive, minor child means a person who has not reached the age of majority as provided in NRS 129.010.
Sec. 2. NRS 201.020 is hereby amended to read as follows:
201.020 Any husband who shall, without just cause, desert or willfully neglect or refuse to provide for the support and maintenance of his wife in destitute or necessitous circumstances; or any parent who shall, without lawful excuse, desert or willfully neglect or refuse to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children [under the age of 16 years in destitute or necessitous circumstances,] or any parent who shall without lawful excuse desert or willfully neglect or refuse to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children who upon arriving at the age of majority are unable to provide themselves with support and maintenance due to infirmity, incompetency or other legal disability contracted prior to their reaching the age of majority, shall be guilty of a crime, and, on conviction thereof, shall be punished by a fine not exceeding $500, or imprisonment in the county jail not exceeding 6 months, or both fine and imprisonment [.] ; and on conviction of a second offense shall be punished by a fine not exceeding $1,000, or imprisonment in the state prison for not less than 1 year nor more than 5 years, or by both such fine and imprisonment.
________
κ1965 Statutes of Nevada, Page 1441κ
Assembly Bill No. 280Committee on Fish and Game
CHAPTER 516
AN ACT to amend NRS sections 502.010, 502.035, 502.240, 502.250 and 502.280, relating to persons required to procure hunting and fishing licenses, license periods, license and tag fees and exemption of Nevada Indians from hunting and fishing license fees, by reducing the minimum age for requiring licenses, deleting temporary language, increasing certain license and tag fees and imposing others; requiring identification by Nevada Indians when applying for exempt licenses; to repeal NRS section 502.270, relating to exemptions of certain residents over 60 years of age from license and tag fees; and providing other matters properly relating thereto.
[Approved April 14, 1965]
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 or permit 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] 12th 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] 12th 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.
(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.
(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 persons or property from predatory animals on or in the immediate vicinity of home or ranch premises.
Sec. 2. NRS 502.035 is hereby amended to read as follows:
502.035 [1. Licenses granting the privilege to hunt, fish or trap during the open season as provided in this Title shall be issued by the commission, upon payment of the fees required by NRS 502.240, for the calendar year beginning January 1, 1959, and ending December 31, 1959, but all hunting licenses issued during such year shall be valid during January 1960, without the payment of additional fees.
2. Licenses granting the privilege to hunt, fish or trap during the open season as provided in this Title shall be issued by the commission, upon payment of one-half of the fees required by NRS 502.240, for the 6-month period beginning January 1, 1960, and ending June 30, 1960.
3. After June 30, 1960, licenses] Licenses and permits granting the privilege to hunt, fish or trap during the open season as provided in this Title shall be issued by the commission, upon payment of the fees required by NRS 502.240.
κ1965 Statutes of Nevada, Page 1442 (CHAPTER 516, AB 280)κ
in this Title shall be issued by the commission, upon payment of the fees required by NRS 502.240. [, for the term of 1 year from July 1 to June 30.]
Sec. 3. NRS 502.240 is hereby amended to read as follows:
502.240 [Licenses shall be issued at the following prices:
1. To any citizen of the United State who has been a bona fide resident of the State of Nevada for 6 months, upon the payment of $5 for a fishing license, $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 resident of the State of Nevada, regardless of age, upon the payment of $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 s hunting license, and $10 for a trappers license.] Annual licenses for the term of 1 year from July 1 to June 30 and limited permits shall be issued at the following prices:
1. To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months, upon the payment of $1 for an annual fishing and hunting license.
2. Except as provided in subsection 3, to any citizen of the United States who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months, upon the payment of:
For an annual fishing license......................................................................... $5.00
For a 5-day permit to fish................................................................................ 3.50
For an annual hunting license....................................................................... 5.00
For an annual trappers license..................................................................... 5.00
3. To any citizen of the United States who has attained his 60th birthday and who has been a bona fide resident of the State of Nevada for 10 years, upon the payment of $1 for an annual hunting and fishing license. Any such person shall be exempt from the payment of the fee for a resident deer tag for a regular season as required by the provisions of NRS 502.250.
4. To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $2 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which annual license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10).
5. Except as provided in subsection 4, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:
κ1965 Statutes of Nevada, Page 1443 (CHAPTER 516, AB 280)κ
For an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which annual license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10)..... ................................................................................................................. $10.00
For a 5-day permit to fish................................................................................ .................................................................................................................... $3.50
For a special hunting license to hunt deer by bow and arrow (and no other license shall be required)............................................................... .................................................................................................................... 10.00
For a special license to hunt upland game birds (and no other license or permit shall be required) a fee not to exceed........................................ .................................................................................................................... 25.00
For a permit to hunt upland game birds in conjunction with a regular hunting license, a fee not to exceed........................................................ .................................................................................................................... 10.00
For an annual hunting license....................................................................... .................................................................................................................... 35.00
For an annual trappers license..................................................................... .................................................................................................................... 10.00
Sec. 4. 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] 3.50
Nonresident and alien deer tag for regular season....................................... ..................................................................................................................... 25.00
Nonresident and alien deer tag for hunting deer by bow and arrow [10.00].......................................................................................................... 25.00
Resident tags for special season, not to exceed........................................... ..................................................................................................................... 10.00
Nonresident and alien tags for special seasons, not to exceed.... [15.00].......................................................................................................... 125.00
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. 5. NRS 502.280 is hereby amended to read as follows:
502.280 [All resident Indians of the State of Nevada are declared exempt from the payment of fishing and hunting licenses, and the county clerks of the several counties shall issue and deliver, free of charge, to resident Indians of this state, hunting and fishing licenses upon application therefor.]
1. All resident Indians of the State of Nevada are exempt from the payment of fees for fishing and hunting licenses.
2. When applying for free fishing and hunting licenses, resident Indians of the State of Nevada shall exhibit to the county clerk or license agent written identification signed by an officer of the Bureau of Indian Affairs of the United States Department of the Interior, or the chairman of a tribal council or chief of an Indian tribe, or an officer of a reservation, colony or educational institution, stating that the bearer is a resident Indian of the State of Nevada.
Sec. 6. NRS 502.270 is hereby repealed.
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κ1965 Statutes of Nevada, Page 1444κ
Assembly Bill No. 287Committee on Social Welfare
CHAPTER 517
AN ACT to amend NRS section 424.110, defining the term child care facility, by redefining the term.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 424.110 is hereby amended to read as follows:
424.110 As used in NRS 424.120 to 424.160, inclusive:
1. Child care facility means any home, private institution or group furnishing care [to two or more children under 16 years of age on a temporary or permanent basis during the day or overnight for compensation, but does not include the home of a natural parent or guardian or a public institution.] on a temporary or permanent basis during the day or overnight for compensation to five or more children under 16 years of age who are not related to each other. Child care facility does not include:
(a) The home of a natural parent or guardian or a public institution; or
(b) A home in which the only children received, care for and maintained are related within the third degree of consanguinity by blood, adoption or marriage to the person or persons maintaining the home; or
(c) A home, private institution or group furnishing care on a temporary or permanent basis during the day or overnight for compensation to two or more children under 16 years of age, all of which children are related to each other.
2. Person means an individual, partnership, firm, corporation or association.
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Assembly Bill No. 601Committee on Taxation
CHAPTER 518
AN ACT to amend NRS section 361.025 and chapter 361 of NRS, relating to the property tax, by providing what factors shall be considered in the assessment of real property and the stock in trade of merchants; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.025 is hereby amended to read as follows:
361.025 [Full] Except as provided in section 2 of this act, full cash value means the amount at which the property would be appraised if taken in payment of a just debt due from a solvent debtor.
κ1965 Statutes of Nevada, Page 1445 (CHAPTER 518, AB 601)κ
Sec. 2. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In determining the full cash value of real property, the county assessor and county board of equalization shall give weight to each of the following factors for which information is available:
(a) The price at which the property was sold to the present owner, plus any improvements made by him and minus any depreciation applicable to buildings and other improvements.
(b) The market value of the property, as evidenced by comparable sales in the vicinity.
(c) In addition to the value of the land, the replacement cost of any buildings or other improvements less a reasonable allowance for depreciation computed according to the estimated life of such buildings and improvements.
(d) The value of the property derived from the capitalization, at a rate of return not less than 5.5 percent nor more than 8 percent, of the net income which could reasonably be expected from the rental of the property, taking due account of its location.
(e) The value of the property for the use to which it is actually put during the fiscal year of assessment.
2. Any taxpayer may furnish to the county assessor information concerning any one or more of the factors enumerated in subsection 1, and if he does so, shall furnish such additional information as the county assessor may reasonably require. If the taxpayer does not so furnish information, the determination of value by the county assessor shall be rebuttably presumed to be correct.
3. The county assessor shall, upon request of the owner, furnish within 10 days to any owner of property a statement of the value computed by each method prescribed in subsection 1, and of the items used in each such computation.
4. In determining the full cash value of a merchants or dealers stock in trade, the county assessor shall use the average value over the 12 months immediately preceding the date of assessment. For this purpose, the county assessor may require from such merchant or dealer a verified report of the value of his stock in trade at any time or reasonable number of times during the year.
Sec. 3. The provisions of this act shall apply to the assessment of taxes during the fiscal year beginning July 1, 1965, for collection during the fiscal year beginning July 1, 1966, and to assessment and collection during subsequent fiscal years, respectively.
Sec. 4. This act shall become effective upon passage and approval
________
κ1965 Statutes of Nevada, Page 1446κ
Senate Bill No. 70Senator Lamb
CHAPTER 519
AN ACT to amend NRS sections 210.090 and 210.520, relating to enrollment of inmates of the Nevada youth training center and the Nevada girls training center in public high schools, by requiring the concurrence of the boards of trustees of the appropriate county school districts prior to enrollment and authorizing inmate enrollment in the public school system.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 210.520 is hereby amended to read as follows:
201.520 1. The superintendent shall cause a department of instruction to be organized for the inmates of the school, with programs of study corresponding so far as practicable to programs of study given in the elementary and high schools of the state.
2. The superintendent may arrange for industrial training and the teaching of various trades, and he may purchase such supplies and equipment as may be necessary for the teaching of such programs of study.
3. If deemed practicable, and with the concurrence of the board of trustees of the Lincoln County School District, inmates of the school may be enrolled for instruction [at the Lincoln County high school,] in the county school district system, and the superintendent of the Nevada girls training center or the county school district shall provide transportation for such inmates to the [high school.] public schools.
4. The superintendent may also arrange for the employment of inmates upon ranches, farms, and in other private occupations during the summer vacation months and for other periods which he deems proper for the full utilization of the inmates time and productive capacity, but the inmates shall not be compelled to accept such private employment against their desires. For the purposes of this section, the amounts to be paid to the inmates and working conditions under which they shall be employed shall be determined by the superintendent and the employer, and any amounts paid shall, at the discretion of the superintendent, be paid in whole or in part to the inmate or to the superintendent for safekeeping as provided for in NRS 210.560.
5. The ultimate purpose of all such instruction, training, employment and industry shall be to qualify inmates for profitable and honorable employment, and to enable them to lead useful lives after their release from the school.
Sec. 2. NRS 210.090 is hereby amended to read as follows:
210.090 1. The superintendent shall cause a department of instruction to be organized for the inmates of the school, with programs of study corresponding so far as practicable with programs of study given in the elementary and high schools of the state.
2. The superintendent may arrange for industrial training and the teaching of various trades, and he may purchase such supplies and equipment as may be necessary for the teaching of such programs of study.
κ1965 Statutes of Nevada, Page 1447 (CHAPTER 519, SB 70)κ
3. [If deemed practicable, inmates of the school may be enrolled for instruction at the Elko County high school, and the superintendent shall provide transportation for such inmates to the high school.] If deemed practicable, and with the concurrence of the board of trustees of the Elko County School District, inmates of the school may be enrolled for instruction in the county school district system, and the superintendent of the Nevada Youth training center or the county school district shall provide transportation for such inmates to the public schools.
4. The superintendent may also arrange for the employment of inmates upon ranches, farms, and in other private occupations during the summer vacation months and for other periods which he deems proper for the full utilization of the inmates time and productive capacities; but the inmates shall not be compelled to accept such private employment against their desires. For the purposes of this section, the amounts to be paid to the inmates and working conditions under which they shall be employed shall be determined by the superintendent and the employer, and any amounts paid shall, at the discretion of the superintendent, be paid in whole or in part to the inmate or to the superintendent for safekeeping as provided for in NRS 210.160.
5. The ultimate purpose of all such instruction, training, employment and industries shall be to qualify inmates for profitable and honorable employment, and to enable them to lead useful lives after their release from the institution.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 208Committee on Judiciary
CHAPTER 520
AN ACT to amend NRS section 178.250, relating to the power of a district attorney to issued subpenas, by granting the right to issue subpenas for witnesses to appear in support of criminal complaints and for the reappearance of witnesses in justices courts; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 178.250 is hereby amended to read as follows:
178.250 1. The district attorney may issue subpenas subscribed by him for witnesses within the state, in support of the prosecution, or for such other witnesses as the grand jury may direct to appear before the grand jury, upon any investigation pending before them.
2. In like manner, the district attorney may issue subpenas subscribed by him for witnesses within the state, in support of an indictment, [or] information [,] or criminal complaint, to appear before the court at which it is to be tried.
κ1965 Statutes of Nevada, Page 1448 (CHAPTER 520, SB 208)κ
3. The district attorney may issue subpenas subscribed by him for witnesses already subpenaed who are required to reappear in any justices court at any time the court is to reconvene in the same case within 60 days, and such time may be extended beyond 60 days upon good cause being shown why such an extension is needed.
________
Senate Bill No. 329Committee on Finance
CHAPTER 521
AN ACT relating to the legislative commission and the fiscal, legal and research divisions of the legislative counsel bureau; to amend NRS sections 218.160, 218.190 and 218.230, relating to officers and employees of the legislature, by deleting an incorrect committee designation and abolishing the office of amendment clerk and transferring the functions of the office to the legislative counsel; to amend NRS sections 218.240, 218.250 and 218.260, relating to the preparation of legislative measures, by deleting obsolete language, requiring approval of the legislative counsel of the form of bills prior to introduction; to amend NRS sections 218.280, 218.300, 218.340, 218.350, 218.370, 218.380, 218.420 and 218.430, relating to the enactment of statutes and the adoption of resolutions, by deleting references to the amendment clerk and replacing such references with the proper designation; to amend NRS sections 218.310 and 218.320, relating to the introduction of bills, by authorizing the introduction of other than typewritten bills; to amend NRS sections 218.480, 218.500 and 218.510, relating to the printing and distribution of legislative bills and resolutions, by requiring the director of the legislative counsel bureau to prepare statute and journal indexes; to amend NRS sections 218.630, 218.650, 218.680, 218.683, 218.695, 218.770, 218.780, 218.800, 218.810, 218.850, 218.860, 218.880 and 218.890, relating to the legislative counsel bureau, by specifying duties of the legislative commission and providing administrative services for the legislature, providing for salaries, per diem and travel expenses of the legislative commission and amending provisions relating to the duties of the heads of the fiscal, legal and research divisions of the legislative counsel bureau; to amend NRS sections 220.120, 220.130, 220.150 and 220.160, relating to statute revision, by providing that sale prices shall be set by the legislative commission for publications, and providing that unexpended balances of appropriations made to the legislative counsel bureau shall be placed to the credit of the legislative counsel bureau printing and binding fund; to amend chapter 218 of NRS, relating to the state legislature, by authorizing the publication of legislative manuals and handbooks; authorizing the legislative counsel upon direction of the legislative commission to commence, defend and intervene in legal proceedings; directing the legislative counsel to prepare legislative measures for members of the judiciary; making legislative findings relating to the postauditing of governmental agencies; empowering the legislative commission to administer oaths and issue subpenas; declaring the general objectives and functions of the legislative commission; to repeal NRS section 218.790, relating to changes in systems of accounting; and providing other matters properly relating thereto.
[Approved April 14, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.160 is hereby amended to read as follows:
218.160 The number of officers and employees of the assembly shall be determined by each session of the assembly as recommended by the assembly committee on [rules and] legislative functions.
κ1965 Statutes of Nevada, Page 1449 (CHAPTER 521, SB 329)κ
shall be determined by each session of the assembly as recommended by the assembly committee on [rules and] legislative functions.
Sec. 2. NRS 218.190 is hereby amended to read as follows:
218.190 1. [The legislative counsel 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.] legislative counsel.
2. As directed by the secretary of the senate and the chief clerk of the assembly, the [amendment clerk] legislative counsel 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. 3. NRS 218.230 is hereby amended to read as follows:
218.230 There shall be paid to the several officers and employees of the senate and assembly, for all the services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
SENATE
Assistant secretary.................................................................................................. $22
Clerks........................................................................................................................... 12
Committee stenographer........................................................................................... 18
[Engrossing clerk....................................................................................................... 16
Enrolling clerk............................................................................................................ 16]
History clerk................................................................................................................ 20
Journal clerk................................................................................................................ 20
Minute clerk................................................................................................................ 20
Page.............................................................................................................................. 12
Secretary...................................................................................................................... 40
Sergeant-at-arms........................................................................................................ 16
Stenographers............................................................................................................ 16
ASSEMBLY
Assistant chief clerk................................................................................................ $22
Chief clerk.................................................................................................................... 40
Clerks........................................................................................................................... 12
Committee stenographer........................................................................................... 18
[Engrossing clerk....................................................................................................... 16
Enrolling clerk............................................................................................................ 16]
History clerk................................................................................................................ 20
Journal clerk................................................................................................................ 20
Minute clerk................................................................................................................ 20
Pages............................................................................................................................ 12
Sergeant-at-arms........................................................................................................ 16
Stenographers............................................................................................................ 16
Supply clerk................................................................................................................ 13
Typists......................................................................................................................... 13
κ1965 Statutes of Nevada, Page 1450 (CHAPTER 521, SB 329)κ
Sec. 4. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.260, inclusive.
2. Upon request, the legislative counsel shall advise any state agency or department as to the preparation of measures to be submitted to the legislature.
3. Upon request, the legislative counsel shall aid and assist any member of the legislature as to bills, resolutions and measures, drafting them into proper form, and furnishing to the member the fullest information upon all matters within the scope of the duties of the legislative counsel. The legislative counsel and the legal division of the legislative counsel bureau shall not oppose or urge legislation, nor shall they reveal to any person outside thereof the contents or nature of any matter which has not become a public record, except with the consent of the person bringing such matter before them.
4. The legislative counsel shall give consideration to and service concerning any measure before the legislature and which is in any way requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
[5. Upon request, the legislative counsel shall advise as to the work of the legal division of the legislative counsel bureau with any legislative committee appointed to carry on investigations.]
Sec. 5. NRS 218.250 is hereby amended to read as follows:
218.250 1. Before introduction, [any bill may] each bill shall be delivered to the legislative counsel for the purpose of determining if the bill is in the proper form as prescribed by law or rule of the houses. The legislative counsel shall have authority to correct any clerical error such as orthography, adding or correcting the enacting clause, mistakes in numbering sections and references thereto, and in any other particular wherein the bill does not comply in form with law or rule of the houses.
2. If, in the opinion of the legislative counsel, any correction made by him or the legal division of the legislative counsel bureau under the authority of this section should in any manner be construed to be a change in the bill other than a change in form, the legislative counsel shall obtain the consent of the author of the bill before making such change.
Sec. 6. NRS 218.260 is hereby amended to read as follows:
218.260 [1.] The legislative counsel is authorized to employ legislative bill drafters and stenographers, at a compensation to be set by him, to aid and assist him in carrying out the duties prescribed by NRS 218.240 and 218.260, inclusive, and such legislative bill drafters and stenographers shall be employed for such length of time as the legislative counsel may deem to be necessary for the effective conduct of the legislative work prescribed by NRS 218.240 to 218.260, inclusive.
[2. The legislative counsel, during the time the legislature is in session, shall assign at least one legislative bill drafter and one or more stenographers for each house of the legislature, and they shall be located in the capitol building.]
κ1965 Statutes of Nevada, Page 1451 (CHAPTER 521, SB 329)κ
more stenographers for each house of the legislature, and they shall be located in the capitol building.]
Sec. 7. NRS 218.280 is hereby amended to read as follows:
218.280 All bills and resolutions shall be introduced in triplicate; and one copy of each bill or resolution shall be marked original, one shall be marked duplicate, and one shall be marked triplicate. The copy marked duplicate shall be sent to the superintendent of state printing for the purpose of printing, and the copy marked triplicate shall be referred to the [amendment clerk.] legislative counsel.
Sec. 8. NRS 218.300 is hereby amended to read as follows:
218.300 The superintendent of state printing shall, immediately after receipt of the copy of any bill or resolution, print, in addition to the regular authorized number, one copy thereof upon heavy buff paper, which copy shall be delivered to the secretary of the senate or to the chief clerk of the assembly. Before the third reading and final passage of the bill or resolution, the [amendment clerk] legislative counsel shall carefully compare the printed or reprinted copy of the bill or resolution with the triplicate copy thereof and the original amendments as adopted by the house, and, if the printed or reprinted copy is found to be in all respects correct, the [amendment clerk] legislative counsel shall then certify to the correctness of the bound copy and shall deliver the same to the secretary of the senate or the chief clerk of the assembly as the case may be; whereupon the bound copy printed upon buff paper, so compared and certified, shall be ready for third reading and final passage.
Sec. 9. NRS 218.310 is hereby amended to read as follows:
218.310 1. Bills to amend existing general statutes and all bills to enact new statutes of a general, public and permanent nature shall be deemed amendments to NRS and shall contain reference to NRS.
2. New matter shall be indicated by underscoring in the typewritten or other machine-produced copy and italics in the printed copy except in bills to add new chapters or Titles to NRS and which do not amend existing sections of NRS.
3. Matter to be omitted shall be indicated by brackets in the typewritten or other machine-produced copy and brackets or strike-out type in the printed copy.
4. In the drafting and printing of bills all matter appearing as omitted and bracketed in previously enacted and printed statutes shall be omitted entirely.
Sec. 10. NRS 218.320 is hereby amended to read as follows:
218.320 All bills amended by either house shall be immediately reprinted. New matter shall be indicated by underscoring in the typewritten or other machine-produced copy and italics in the printed copy. Matter to be omitted shall be indicated by brackets in the typewritten or other machine-produced copy and brackets or strike-out type in the printed copy. When a bill is amended in either house, the first or previous markings shall be omitted. However, in the cases of bills over 32 pages in length, amendments to the titles and preambles of bills, amendments to correct typographical errors, and other amendments which do not change the meaning, intent or significance of a bill, the reprinting of the bill may be dispensed with on motion carried by a two-thirds majority of the members present.
κ1965 Statutes of Nevada, Page 1452 (CHAPTER 521, SB 329)κ
bill, the reprinting of the bill may be dispensed with on motion carried by a two-thirds majority of the members present. If the reprinting is so dispensed with, the amendments may be inserted by hand in the buff copy of the printed bill, but the authenticity of each amendment shall be established by endorsement, such endorsement to consist of initials signed on the margin near each amendment by the secretary of the senate or the chief clerk of the assembly as the case may be.
Sec. 11. NRS 218.340 is hereby amended to read as follows:
218.340 When any bill or resolution is passed by both houses, the secretary of the senate or the chief clerk of the assembly shall immediately transmit the same to the [amendment clerk] legislative counsel to be enrolled, and shall take his receipt therefor. The receipt shall bear the date of delivery and shall give the bill or resolution number. The fact that the bill or resolution was received by the [amendment clerk] legislative counsel shall be noted as a part of the history of the bill or resolution. When the same shall have been duly and regularly enrolled and delivered to the governor, as provided by NRS 218.280 to 218.440, inclusive (in all cases where it is required to be so delivered), the fact of such delivery and the date thereof shall also be noted, over the signature of the [amendment clerk,] legislative counsel, as a part of the history of the bill or resolution.
Sec. 12. NRS 218.350 is hereby amended to read as follows:
218.350 1. The [amendment clerk] legislative counsel shall transmit copies of passed bills or resolutions without delay, in the order of their receipt, to the superintendent of state printing, taking his receipt therefor. The receipt shall bear the date of delivery and give the bill or resolution number.
2. The superintendent of state printing shall without delay enroll (print) the bills or resolutions in the order of their receipt by him, and they shall be printed in enrolled form, retaining symbols indicating amendments to existing law only. In printing enrolled bills amending existing law, the superintendent of state printing, in cooperation with the [amendment clerk,] legislative counsel, shall cause to be printed between brackets the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendment; and shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by the passage of such amendment.
3. In ascertaining the correct reading, status and interpretation of an enrolled bill amending existing law, the matter inserted within brackets shall be omitted, and the matter in italics shall be read and interpreted as part of the enrolled bill.
4. At least one enrolled copy, with proper blanks for the signatures of the officers whose duty it is to sign enrolled bills and resolutions, shall be printed on bond paper, and the superintendent of state printing shall deliver the enrolled copy of the bill or resolution to the [amendment clerk. The amendment clerk] legislative counsel. The legislative counsel shall then carefully compare the enrolled copy with the official engrossed copy, and if the enrolled copy is found to be correct the [amendment clerk] legislative counsel shall present it to the proper officers for their signatures.
κ1965 Statutes of Nevada, Page 1453 (CHAPTER 521, SB 329)κ
the proper officers for their signatures. When the officers sign their names thereon, as required by law, it is enrolled. The official engrossed copy may by resolution be used as the enrolled bill.
Sec. 13. NRS 218.370 is hereby amended to read as follows:
218.370 The official engrossed bill shall be delivered to the secretary of state by the [amendment clerk,] legislative counsel, or by such person as he shall in writing designate.
Sec. 14. NRS 218.380 is hereby amended to read as follows:
218.380 The enrolled bill or resolution shall be delivered by the [amendment clerk,] legislative counsel, or such person as he shall in writing designate, to the governor for his action, who may authorize his executive assistant or legal counsel to receive and receipt for the same in his name.
Sec. 15. NRS 218.420 is hereby amended to read as follows:
218.420 1. If the governor does not approve a bill or joint resolution within 5 days, Sundays excepted, after it shall have been presented to him, the bill shall become a law or the joint resolution shall become effective without his signature, unless he shall have returned it to the house in which it originated, with his objections thereto, and which shall be entered into the journal.
2. Such house shall thereupon proceed to reconsider the vetoed bill or joint resolution, and if thereafter it shall again pass both houses by a two-thirds vote of the members elected to each house, the bill shall become a law or the joint resolution shall become effective notwithstanding the objections of the governor, and shall be delivered by the [amendment clerk] legislative counsel directly to the secretary of state for filing, who shall receipt to the [amendment clerk] legislative counsel therefor.
Sec. 16. NRS 218.430 is hereby amended to read as follows:
218.430 1. If the legislature shall, by its final adjournment, prevent the return of a bill or joint resolution within 5 days after delivery to the governor, Sundays excepted, the bill shall become a law or the joint resolution shall become effective without his signature, unless within 10 days next after the adjournment, Sundays excepted, he shall file the bill or joint resolution with his objections thereto with the secretary of state.
2. The secretary of state shall lay the bill or joint resolution before the legislature at its next regular session in like manner as if it had been retuned by the governor directly to the house in which it originated. If the bill or joint resolution shall receive the vote of two-thirds of the members elected to each house of the legislature, upon a vote taken by yeas and nays, to be entered upon the journals of each house, the bill shall become a law or the joint resolution shall become effective, and shall be delivered by the [amendment clerk] legislative counsel directly to the secretary of state for filing, who shall receipt to the [amendment clerk] legislative counsel therefor.
Sec. 17. NRS 218.480 is hereby amended to read as follows:
218.480 1. Whenever any message, report or other document in pamphlet form is ordered printed by the legislature, 125 copies, supplemental to the number ordered, shall be printed and retained by the superintendent of state printing for binding with the journals of the senate and assembly.
κ1965 Statutes of Nevada, Page 1454 (CHAPTER 521, SB 329)κ
superintendent of state printing for binding with the journals of the senate and assembly.
2. At the end of each session of the legislature, 125 copies of the journals shall be printed, indexed and bound in book form in the same style as those of the 1927 session of the legislature. The journal of each house shall be bound separately.
3. At the end of each session of the legislature, 50 copies of the appendices shall be printed and bound in book form in the same style as those of the 1927 session of the legislature.
4. The [research director of the research division] director of the legislative counsel bureau shall direct the compilation of the journal indices, and shall deliver the completed journal indices to the superintendent of state printing.
5. The bound volumes shall be delivered to the secretary of state and shall constitute the journals of the senate and the assembly.
6. Each member of the legislature of which such journals are the records shall be entitled to one copy of the senate journal and one copy of the assembly journal.
Sec. 18. NRS 218.500 is hereby amended to read as follows:
218.500 1. The secretary of state shall furnish to the superintendent of state printing, within 3 days from the time he receives the same from the governor, after approval, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.
2. The superintendent of state printing shall:
(a) Print the number of copies as provided by NRS 218.510.
(b) Furnish printed sheets thereof to the director of the legislative counsel bureau, [which] who shall, immediately upon the adjournment of the session, make out and deliver to the superintendent of state printing an index of the same.
(c) Immediately upon the adjournment of the session, print the index prepared by the director of the legislative counsel bureau and bind it in connection with the Statutes of Nevada.
(d) Distribute one copy of the act or acts to each county clerk, county auditor, district judge, district attorney and justice of the peace in the state.
Sec. 19. NRS 218.510 is hereby amended to read as follows:
218.510 1. Eight hundred copies of the statutes of each legislature shall be printed and bound in buckram or law sheep.
2. The bound volumes shall contain:
(a) The laws, resolutions and memorials passed and adopted at each legislative session, stating the number of the bill, resolution or memorial, and the name of the person who introduced the same.
(b) The index as prepared by the director of the legislative counsel bureau.
3. The bound volumes containing the statutes of legislative sessions held in odd-numbered years shall contain, in addition to the items required by subsection 2 of this section:
(a) The constitution of the United States.
(b) The constitution of the State of Nevada.
4. Other than those specified in subsections 2 and 3, no other reports, documents or things whatever shall be bound with the Statutes of Nevada.
κ1965 Statutes of Nevada, Page 1455 (CHAPTER 521, SB 329)κ
reports, documents or things whatever shall be bound with the Statutes of Nevada.
Sec. 20. NRS 218.630 is hereby amended to read as follows:
218.630 [It shall be a function of the legislative counsel bureau to:] The legislative commission may:
1. Carry forward the participation of the State of Nevada as a member of the Council of State Governments, [and of the National Conference of State Legislative Leaders, and to] and may pay annual dues to such [organizations] organization out of the fund of the legislative counsel bureau. The legislative commission is designated as Nevadas commission on interstate cooperation.
2. Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government, and with local units of government.
3. Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of such delegations and committees shall be designated by the members of the legislative commission and may consist of legislators and employees of the state other than members of the commission. Members of such delegations and committees shall serve without salary, but they shall receive out of the fund of the legislative counsel bureau the per diem expense allowance and travel expenses as provided by law.
4. Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information, and any other suitable process. [In order to facilitate such cooperation the Council of State Governments and the National Conference of State Legislative Leaders are hereby declared to be joint governmental agencies of this state and of the other states which cooperate through them.]
5. Establish such subcommittees and interim or special committees as official agencies of the legislative counsel bureau as may be deemed advisable to deal with governmental problems, important issues of public policy and questions of statewide interest. The membership of such subcommittees and interim or special committees shall be designated by the members of the legislative commission and may consist of members of the legislative commission and legislators other than members of the commission, employees of the State of Nevada or citizens of the State of Nevada. [Members] Except as provided in NRS 218.680, members of such subcommittees and interim or special committees shall serve without salary, but they shall receive out of the fund of the legislative counsel bureau the per diem expense allowances and travel expenses as provided by law.
κ1965 Statutes of Nevada, Page 1456 (CHAPTER 521, SB 329)κ
6. [Carry out] Supervise the functions assigned to the divisions of the bureau in this chapter.
Sec. 21. NRS 218.650 is hereby amended to read as follows:
218.650 1. All administrative services necessary to the operation of the legislature during and between sessions shall be provided by the legislative counsel bureau.
2. The legislative counsel bureau shall be responsible for the care, custody, acquisition and inventory of legislative supplies and equipment between sessions of the legislature.
3. At the beginning of each session, the director of the legislative counsel bureau shall submit a report to the legislature detailing all supplies and equipment acquired to meet the needs of the current session and detailing all supplies and equipment on hand.
Sec. 22. NRS 218.683 is hereby amended to read as follows:
218.683 1. The director of the legislative counsel bureau, as executive head of the legislative counsel bureau, shall direct and supervise all its administrative and technical activities.
2. Except as otherwise provided in NRS [218.190 and] 218.260, the director of the legislative counsel bureau shall, subject to the approval of the legislative commission and within the limits of legislative appropriations, employ and fix the salaries of or contract for the services of such professional, technical, clerical and operational personnel and consultants as the execution of his duties and the operation of the legislative counsel bureau may require.
3. All of the personnel of the legislative counsel bureau shall be exempt from the provisions of chapter 284 of NRS. They shall be entitled to such leaves of absence as the legislative commission shall prescribe.
Sec. 23. NRS 218.695 is hereby amended to read as follows:
218.695 The legislative counsel shall:
1. Have the powers and duties assigned to him in this chapter and [chapter] chapters 219 and 220 of NRS, and such other powers and duties as may be assigned to him by the legislature and the legislative commission.
2. Upon the request of any member or committee of the legislature or the legislative commission, give his opinion in writing upon any question of law, including existing law and suggested, proposed and pending legislation which has become a matter of public record.
Sec. 24. NRS 218.770 is hereby amended to read as follows:
218.770 The powers and duties of the fiscal analyst shall be:
1. To perform a postaudit of all accounts, books and other financial records of all state departments that are charged with the collection, custody or expenditure of public funds, and to prepare a written report or reports of such audit or audits to the legislative [counsel bureau] commission and to such other person or persons designated in this chapter.
2. To personally, or by his [duly] authorized assistants, examine and audit [at least once a year] when ordered by the legislative commission all fiscal books, records and accounts of all officers, personnel, custodians of public funds, disbursing officers, property custodians and purchasing agents, and to make independent verifications of all assets, liabilities, revenues and expenditures of the state, and its officers and departments, now in existence or hereafter created.
κ1965 Statutes of Nevada, Page 1457 (CHAPTER 521, SB 329)κ
assets, liabilities, revenues and expenditures of the state, and its officers and departments, now in existence or hereafter created.
3. To [require] recommend such changes in the accounting system or systems and record or records of the state departments as in his opinion will augment or provide a uniform, adequate and efficient system of records and accounting.
4. To determine whether the handling of the public money is protected by adequate accounting controls.
5. To determine whether all revenues or accounts due have been collected or properly accounted for and whether expenditures have been made in conformance with law and good business practice.
6. To determine whether the fiscal controls established by law and by administrative regulation are being properly applied.
7. To determine whether fraud or dishonesty has occurred in the handling of funds or property.
8. To determine whether property and equipment are properly accounted for and that none is improperly used or disposed of.
9. To determine whether the accounting reports and statements issued by the agency under examination are an accurate reflection of the operations and financial condition.
10. To [work] cooperate with the executive officers of any and all state departments in outlining and installing a uniform, adequate and efficient system of records and accounting.
11. To require the aid and assistance of executives and officials, auditors, accountants, and other employees of all the state departments at all times in the inspection, examination and audit of any and all books, accounts and records in their possession.
12. To employ and authorize, at his discretion and subject to his direction and responsibility, and independent public accountant or firm of public accountants, doing business within the State of Nevada, to perform an audit, inspection and examination of all books, accounts, claims, reports, vouchers or other records of all state departments whose disbursements in whole or in part are paid out of the funds received from sources other than the general fund, or whose funds may be considered funds held in trust and not used for general governmental purposes, or whose funds are invested. The expenses and costs for such independent audit shall be paid by the state department audited. The provisions of this subsection shall not be applicable to the employment security department.
13. To ascertain facts and make recommendations to the legislature concerning the state budget and the estimates of the expenditure requirements of the departments, institutions and agencies of the state government.
14. To make projections of future public revenues for the use of the legislature.
15. To make recommendations to the legislative commission for the enactment or amendment of statutes based upon the results of the performance of his postaudit duties.
Sec. 25. NRS 218.780 is hereby amended to read as follows:
218.780 Upon the request of the fiscal analyst or his [duly] authorized representative, all officers and employees of the state departments shall make available and accessible to the fiscal analyst all books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, necessary or convenient to the proper discharge of the duties of the fiscal analyst.
κ1965 Statutes of Nevada, Page 1458 (CHAPTER 521, SB 329)κ
departments shall make available and accessible to the fiscal analyst all books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, necessary or convenient to the proper discharge of the duties of the fiscal analyst.
Sec. 26. NRS 218.800 is hereby amended to read as follows:
218.800 1. The fiscal analyst shall [formulate and prescribe] recommend a uniform system of accounting, cost keeping and reporting for every state office, department or institution, which shall exhibit the true financial condition, correct accounts, and statements of funds collected, received and expended for any purpose whatever by all public officers, employees or other persons.
2. The accounts or statements shall show:
(a) The receipt, use and disposition of all public property.
(b) The income, if any, derived from all public property.
(c) The income, if any, derived from all sources of public income and the amounts due and received from each source.
(d) All receipts, vouchers and other documents kept, or that may be required to be kept, necessary to prove the validity of each transaction.
(e) All statements and reports made and required to be made for the internal administration of the office to which they pertain.
(f) All statements and reports regarding any and all details of the financial administration of public affairs.
[3. The fiscal analyst shall, from time to time, make such changes in and additions to such system as may to him seem necessary or in the public interest.]
Sec. 27. NRS 218.810 is hereby amended to read as follows:
218.810 1. In addition to other duties provided for the fiscal analyst, he shall thoroughly examine all departments of the state government with special regard to their activities and the duplication of efforts between departments. [and the quality of service being rendered by subordinate employees in each of the several departments.]
2. Upon completing the examination of any state department, he shall furnish the head thereof with a preliminary report of, among other things:
(a) [The efficiency of subordinate employees.
(b)] The status and condition of all public funds in charge of such department.
[(c)] (b) The amount of duplication between work done by the department so examined and other departments of the state government.
[(d)] (c) The expense of operating the department.
[(e)] (d) Breaches of trust and duty, if any, by an officer, property custodian, purchasing agent, or other custodian or disbursement officer of public funds.
[(f)] (e) Any suggested changes looking toward economy [and reduction of number of clerical and other employees] and the elimination of duplication and inefficiency.
3. After the fiscal analyst has furnished a preliminary report to the head of the state department, the fiscal analyst or his designated representative shall discuss the report with the head of the state department.
κ1965 Statutes of Nevada, Page 1459 (CHAPTER 521, SB 329)κ
representative shall discuss the report with the head of the state department. If the head of the state department desires, he may submit to the fiscal analyst within 10 days after the discussion his written statement of explanation or rebuttal concerning any of the findings, and the fiscal analyst shall quote in the final report the officers explanation or rebuttal to any of the findings included in the final report.
4. Copies of each final report shall be filed with the governor, the lieutenant governor, the secretary of state, and each member of the legislature.
Sec. 28. NRS 218.850 is hereby amended to read as follows:
218.850 1. Each of the audits provided for in this chapter shall be made and concluded as directed by the legislative [counsel bureau] commission and in accordance with the terms of NRS 218.740 to 218.890, inclusive, but shall be concluded and reports thereof made not later than 30 days before the convening of each regular session of the legislature.
2. The legislative [counsel bureau] commission shall direct the fiscal analyst to make any special audit or investigation that in its judgment is proper and necessary to carry out the purpose of this chapter or to assist the legislature in the proper discharge of its duties.
Sec. 29. NRS 218.860 is hereby amended to read as follows:
218.860 1. The legislative [counsel bureau] commission shall direct the printing and mimeographing of such number of any reports of the fiscal analyst as it thinks necessary and proper.
2. All reports of the fiscal analyst filed by the secretary of state shall be open to public inspection.
Sec. 30. NRS 218.880 is hereby amended to read as follows:
218.880 1. If the fiscal analyst finds, in the course of his audit, evidence of improper practices of financial administration [or of any general incompetency of personnel] or inadequacy of fiscal records, he shall report the same immediately to the governor, the legislative [counsel bureau,] commission, and the department head or heads affected.
2. If the fiscal analyst shall find evidence of illegal transactions, he shall forthwith report such transactions to the governor, the legislative [counsel bureau,] commission, and the attorney general.
Sec. 31. NRS 218.890 is hereby amended to read as follows:
218.890 Immediately upon receipt of a report from the fiscal analyst of [incompetency of personnel and] inadequacy of fiscal records, the legislative [counsel bureau] commission shall review the fiscal analysts report and hold hearings with the department head or heads concerning such [incompetency of personnel and] inadequacy of fiscal records. The legislative [counsel bureau,] commission, after holding such hearings, shall make a report to the department head or heads requesting the [removal or replacement of the incompetent personnel or the] installation of the necessary fiscal records. The legislative [counsel bureau] commission shall report to the legislature any refusal of the department officials to [remedy such incompetency or the installation of] install proper fiscal records.
Sec. 32. NRS 220.120 is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 1460 (CHAPTER 521, SB 329)κ
220.120 1. In preparing the annotations and digests and keeping Nevada Revised Statutes current, the legislative counsel is authorized:
(a) To adopt such system of numbering as he deems practical.
(b) To cause the revision to be published in a number of volumes deemed convenient.
(c) To cause the volumes to be bound in looseleaf binders of good, and so far as possible, permanent quality.
2. The pages of [the revision] Nevada Revised Statutes shall conform in size and printing style to the pages of the Statutes of Nevada, and roman style type only shall be used.
3. The legislative counsel shall classify and arrange the entire body of statute laws in logical order throughout the volumes, the arrangement to be such as will enable subjects of a kindred nature to be placed under one general head, with necessary cross-references.
4. Notes of decisions of the supreme court, historical references and other material shall be printed and arranged in such manner as the legislative counsel finds will promote the usefulness thereof.
5. The legislative counsel in keeping Nevada Revised Statutes current shall not alter the sense, meaning or effect of any legislative act, but may renumber sections and parts of sections thereof, change the wording of headnotes, rearrange sections, change reference numbers or words to agree with renumbered chapters or sections, substitute the word chapter for article and the like, substitute figures for written words and vice versa, change capitalization for the purpose of uniformity and correct manifest clerical or typographical errors.
6. The legislative counsel may create new titles, chapters and sections of Nevada Revised Statutes, or otherwise revise the title, chapter and sectional organization of Nevada Revised Statutes, all as may be required from time to time, to effectuate the orderly and logical arrangement of the statutes. Such new titles, chapter and sections, and organizational revisions, shall have the same force and effect as the 58 titles originally enacted and designated as the Nevada Revised Statutes pursuant to chapter 2, Statutes of Nevada 1957.
7. The legislative counsel shall assign NRS numbers to such new permanent and general laws as enacted at any legislative session.
Sec. 33. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of the Nevada Revised Statutes, the legislative counsel 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 retained by the legislative counsel for safekeeping and disposition. The secretary of state shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the legislative [counsel] 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.
κ1965 Statutes of Nevada, Page 1461 (CHAPTER 521, SB 329)κ
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 legislative counsel, and the master copy shall not be removed from the office except in the custody of the legislative counsel.
Sec. 34. NRS 220.150 is hereby amended to read as follows:
220.150 Notwithstanding any other provision of law, any unexpended balances of the appropriations made for the support of the [legal division of the] legislative counsel bureau shall not revert to the general fund at the end of any fiscal year, but shall be placed to the credit of the legislative counsel bureau in the state treasury in a fund hereby created and designated as the legislative counsel bureau 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. 35. NRS 220.160 is hereby amended to read as follows:
220.160 1. Upon completion of the Nevada Revised Statutes and the annotations and digests the legislative counsel is authorized and directed to prepare and have printed or reproduced such replacement and supplementary pages for such laws, annotations and digests as may, from time to time, be necessary. In any event, the legislative counsel shall prepare replacement and supplementary pages made necessary by the sessions of the legislature as soon as possible after each session.
2. The intent of this section is that Nevada Revised Statutes shall be kept current insofar as may be possible. To that end, the provisions of this chapter and, in particular, NRS 220.120 shall be applicable to the preparation and printing or reproduction of such replacement and supplementary pages.
3. Prices shall be set by the legislative [counsel] commission as near as possible to the cost of preparing, printing and reproduction.
Sec. 36. NRS 218.680 is hereby amended to read as follows:
218.680 For each days attendance at each meeting of the commission, or if engaged in the official business of the legislative counsel bureau, the members of the legislative commission shall receive a salary of $25 and the per diem and travel expenses as provided by law.
Sec. 37. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 38 to 43, inclusive, of this act.
Sec. 38. The legislative counsel bureau shall compile and publish a legislative manual and a legislative handbook, or a combination thereof, containing information concerning the legislature and the offices, departments, institutions and agencies of the state government.
Sec. 39. 1. When deemed necessary or advisable to protect the official interests of the legislature or one or more legislative committees, the legislative commission may direct the legislative counsel and his staff to appear in, commence, prosecute, defend or intervene in any action, suit, matter, cause or proceeding in any court or agency of this state or of the United States.
2. Expenses and costs incurred pursuant to this section may be paid by the legislative commission from any funds available to the legislative commission.
κ1965 Statutes of Nevada, Page 1462 (CHAPTER 521, SB 329)κ
paid by the legislative commission from any funds available to the legislative commission.
Sec. 40. 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures at the written suggestion of any justice of the supreme court or judge of a district court.
2. Every suggestion of a judge shall set forth the substance of the provisions desired or which may be needed with the reasons therefor.
3. The legislative counsel and the legal division of the legislative counsel bureau shall prepare a measure in accordance with the suggestion of a judge, and shall transmit it to the chairman of the committee on judiciary of each house at the next regular session of the legislature.
Sec. 41. 1. The intent of NRS 218.770 to 218.890, inclusive, is to provide for the impartial postauditing of each agency of the state government for the purpose of furnishing the legislature with factual information necessary to the discharge of its constitutional duties and by which it may exercise its valid powers.
2. The legislature finds that:
(a) Adequate information is not readily available for each session through which the members of the legislature can determine the needs of the various agencies and departments of the state government, and the postauditing of each agency will furnish necessary information.
(b) The legislative session is not adequate time in which to audit each agency and the size and scope of government activity has grown to such an extent in recent years that auditing is a continuing process.
3. It is not the intent of the postaudit functions and duties of the fiscal analyst authorized and imposed by law, nor shall it be so construed, to infringe upon nor deprive the executive or judicial branches of state government of any rights, powers or duties vested in or imposed upon them by the constitution of the State of Nevada.
Sec. 42. 1. In the discharge of any duty imposed by this chapter, the legislative commission shall have the authority to:
(a) Administer oaths, issue subpenas, compel the attendance of witnesses and the production of any papers, books, accounts, department records, documents and testimony; and
(b) Cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.
2. In case of disobedience on the part of any person to comply with any subpena issued on behalf of the legislative commission, or on the refusal of any witness to testify to any matters regarding which he may be lawfully interrogated, the district court of any county, or the judge thereof, shall, on application of the chairman of the legislative commission, compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpena issued from such court or a refusal to testify therein.
3. Each witness who appears before the legislative commission by its order, other than a state officer or employee, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid upon the presentation of proper claims sworn to by such witness and approved by the secretary and chairman of the legislative commission.
κ1965 Statutes of Nevada, Page 1463 (CHAPTER 521, SB 329)κ
in courts of record, which shall be audited and paid upon the presentation of proper claims sworn to by such witness and approved by the secretary and chairman of the legislative commission.
Sec. 43. 1. The general objectives and functions of the legislative commission are to:
(a) Assist the legislature in retaining status coordinate with the executive and judicial branches of state government.
(b) Investigate and inquire only into subjects upon which the legislature may act by the enactment or amendment of statutes.
(c) Assure that the most effective use is made of the fiscal, legal and research services and facilities provided by the legislative counsel bureau to the legislature and its members.
2. In addition to the powers and duties elsewhere conferred and imposed upon the legislative commission in this chapter, in order to carry out its general objectives and functions the legislative commission:
(a) Shall receive recommendations and suggestions for legislation or investigation from:
(1) Members of the legislative commission and other members of the legislature;
(2) Any board, commission, department or officer of the state government or any local government;
(3) Bar associations, chambers of commerce, labor unions and other organized groups; and
(4) Individual citizens.
(b) May hold hearings on any subject or matter which is a proper subject for legislative action whenever it considers such hearings necessary or desirable in the performance of its duties.
Sec. 44. NRS 218.790 is hereby repealed.
Sec. 45. Section 34 of this act shall become effective upon passage and approval of this act. All other provisions of this act shall become effective on July 1, 1965.
________
κ1965 Statutes of Nevada, Page 1464κ
Senate Bill No. 244Senators Bissett and Lamb
CHAPTER 522
AN ACT to amend NRS sections 176.300, 201.210 and 201.220, relating to the terms and conditions of probation and the crimes of open or gross lewdness and indecent or obscene exposure, by limiting probation in cases of indecent or obscene exposure; providing that the crimes of open or gross lewdness or indecent or obscene exposure may be adjudged either a gross misdemeanor or a felony; imposing conditions before persons convicted of such crimes may be paroled; and providing other matters properly relating thereto.
[Approved April 15, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.300 is hereby amended to read as follows:
176.300 1. Whenever any person has been found guilty in a district court of the State of Nevada of a crime upon verdict or plea, the court, except in cases of murder of first or second degree, kidnapping, robbery or rape, other than statutory rape, may by its order suspend the execution of a sentence imposed and grant such probation to the convicted person as the judge thereof shall deem advisable. The court may grant probation to a person convicted of the infamous crime against nature, of indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.190, 201.210, 201.220 or 201.230, is received by the court.
2. The district judge shall not grant probation until a written report is received by him from the chief parole and probation officer except that when the defendant is a bona fide resident of the county the district judge may grant probation without a written report of the chief parole and probations officer and the district judge shall state the fact of the defendants residence in the transcript forwarded to the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 10 days following a request for a probation investigation from the county clerk, and if no report is submitted by the chief parole and probation officer within 10 days the district judge may grant probation without the written report.
3. Upon the granting of such probation, the court shall have full power to fix the terms and conditions thereof in the order therefor; but in imposing sentence the court shall have the power to fix the definite term of imprisonment within the minimum and maximum periods fixed by law, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence.
4. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the board and of the chief parole and probation officer.
5. The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in NRS 176.220 to 176.350, inclusive, direct the clerk of such court to certify a copy of the records in the case and deliver the same to the chief parole and probation officer.
κ1965 Statutes of Nevada, Page 1465 (CHAPTER 522, SB 244)κ
in the case and deliver the same to the chief parole and probation officer.
Sec. 2. NRS 201.220 is hereby amended to read as follows:
201.220 1. Every person who shall make any open and indecent or obscene exposure of his person, or of the person of another, shall be guilty of either a gross misdemeanor [.] or a felony, depending on the gravity of the offense as determined by the verdict of the jury or judgment of the court.
2. No person convicted of violating any of the provisions of subsection 1 of this section may be:
(a) Paroled unless a board consisting of the superintendent of the Nevada state hospital, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certify that such a person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 3. NRS 201.210 is hereby amended to read as follows:
201.210 1. Every person who shall be guilty of open or gross lewdness shall be guilty of either a gross misdemeanor [.] or a felony, depending on the gravity of the offense as determined by the verdict of the jury or judgment of the court.
2. No person convicted of violating the provisions of subsection 1 of this section may be [released] :
(a) Paroled unless a board consisting of the superintendent of the Nevada state hospital, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certify that such person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1466κ
Senate Bill No. 260Committee on Banks, Banking and Corporations
CHAPTER 523
AN ACT to amend NRS section 673.273, relating to the capital requirements of building and loan and savings and loan associations, by setting forth required ratios of stock, surplus, undivided profits and reserves to investment certificates.
[Approved April 15, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 673.273 is hereby amended to read as follows:
673.273 1. The total permanent stock subscribed and paid plus the total of the surplus, undivided profits and all reserves available for losses shall not at any time be less than 5 percent of the aggregate certificate value of the outstanding investment certificates of the association [.] after the 11th anniversary of the date of insurance of accounts. Such stock surplus, undivided profits and reserves shall be at least equal to the percentage of outstanding investment certificates on each anniversary as stated below:
Date of insurance of accounts..................................................................................... 3.00 percent
Second anniversary of date of insurance of accounts............................................ 3.20 percent
Third anniversary of date of insurance of accounts............................................... 3.40 percent
Fourth anniversary of date of insurance of accounts............................................. 3.60 percent
Fifth anniversary of date of insurance of accounts................................................. 3.80 percent
Sixth anniversary of date of insurance of accounts................................................ 4.00 percent
Seventh anniversary of date of insurance of accounts........................................... 4.20 percent
Eighth anniversary of date of insurance of accounts............................................. 4.40 percent
Ninth anniversary of date of insurance of accounts............................................... 4.60 percent
Tenth anniversary of date of insurance of accounts............................................... 4.80 percent
Eleventh anniversary of date of insurance of accounts......................................... 5.00 percent
2. No dividends shall be declared on permanent stock until the total of the permanent stock, surplus, undivided profits and all reserves available for losses is equal to [5 percent] the percentage required by subsection 1 of the outstanding investment certificates and if payment of such dividends would reduce the capital structure to an amount below [5 percent.] such percentage.
3. Subject to the provisions of this chapter, permanent stock shall be entitled to the rate of dividend, if earned, fixed by the board of directors.
4. Stock dividends may be payable out of otherwise unallocated surplus or undivided profits.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1467κ
Senate Bill No. 112Senators Slattery and Parks
CHAPTER 524
AN ACT to amend NRS section 465.080, relating to the use of unlawful coins in slot machines, lawful vending machines, coin boxes, telephones or other receptacles, by authorizing the use of tokens in slot machines.
[Approved April 15, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 465.080 is hereby amended to read as follows:
465.080 1. It shall be unlawful for any person playing any licensed gambling game [to] :
(a) To use bogus or counterfeit chips, or to substitute and use in any such game cards or dice that have been marked, loaded or tampered with [,] ; or
(b) To employ or have on his person any cheating device to facilitate cheating in such games. [or]
2. It shall be unlawful for any person, in playing or using any slot machine, lawful vending machine, coin box, telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance of or in connection with the sale, use or enjoyment of property or service [, to] :
(a) To use other than lawful coin, legal tender of the United States of America, not of the same denomination as the coin intended to be used in such device, [or to] except that in the playing of any slot machine, it shall be lawful for any such person to use tokens or similar objects therein which are approved by the state gaming control board; or
(b) To use or have on his person any cheating or thieving device to facilitate removing from any slot machine, lawful vending machine, coin box, telephone or other receptacle any part of the contents thereof.
[2.] 3. Any violation of the provisions of this section shall be a gross misdemeanor and shall be punishable by a fine not less than $1,000, or by imprisonment in the county jail for not less than 6 months nor more than 1 year, or by both fine and imprisonment.
________
κ1965 Statutes of Nevada, Page 1468κ
Assembly Bill No. 648Committee on Taxation
CHAPTER 525
AN ACT to amend chapter 463 of NRS, relating to the licensing and control of gaming, by adding new sections imposing an additional tax on licensed gaming establishments which provide entertainment; defining terms; prescribing procedures, methods of payment and disposition of revenue; providing penalties; and providing other matters properly relating thereto.
[Approved April 15, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. In addition to any other license fees and taxes imposed by this chapter, a tax, to be known as the casino entertainment tax, is hereby levied upon each licensed gaming establishment in this state where music and dancing privileges or any other entertainment, except instrumental or mechanical music alone, are afforded the patrons in connection with the serving or selling of food, refreshment or merchandise. A licensed gaming establishment is not subject to tax under this section if:
(a) No distilled spirits, wine or beer is served or permitted to be consumed;
(b) Only light refreshment is served;
(c) Where space is provided for dancing, no charge is made for dancing; and
(d) Where music is provided or permitted, such music is:
(1) Instrumental or other music which is supplied without any charge to the owner, lessee or operator of such establishment or to any concessionaire: or
(2) Mechanical music.
2. The amount of the tax imposed upon each licensed gaming establishment by this section shall be either:
(a) So long as such tax remains at the rate in effect on January 1, 1965, 50 percent of the federal cabaret taxes imposed under 26 U.S.C. § 4231(6) upon such establishment for the same period; or
(b) If the federal cabaret tax so imposed is reduced after January 1, 1965, an amount equal to the difference between the federal cabaret tax applicable to such establishment at the rate prevailing on January 1, 1965, and the tax actually imposed and collected by the Federal Government.
3. The tax imposed by this section shall be paid by the licensee of such establishment.
Sec. 3. 1. To administer the collection of the tax imposed by section 2 of this act, the commission:
(a) Shall prescribe and cause to be printed and issued free of charge all forms for reports.
(b) May adopt and enforce any necessary or convenient rules, regulations and standards.
κ1965 Statutes of Nevada, Page 1469 (CHAPTER 525, AB 648)κ
2. Funds for such administration shall be provided in the regular budget of the commission.
Sec. 4. 1. Every person required to pay the tax imposed by section 2 of this act shall file with the commission quarterly, on or before the last day of the month succeeding each calendar quarter, a report showing the amount of federal cabaret taxes paid for such calendar quarter.
2. Each report shall be accompanied by the amount of tax shown to be due for the period covered by the report.
Sec. 5. 1. The tax imposed by section 2 of this act shall be paid in the form of remittances payable to the Nevada gaming commission. The commission shall transmit the payment to the state treasurer to be deposited to the credit of the general fund.
2. Refunds of tax erroneously collected may be made, upon the approval of the commission, as other claims against the state are paid.
Sec. 6. 1. Every person subject to the tax imposed by section 2 of this act shall keep accurate and detailed records of all federal cabaret taxes paid, and shall maintain a copy of any report or return filed with the United States Internal Revenue Service for federal cabaret taxes imposed under 26 U.S.C. § 4231(6) for a period of not less than 3 years from the date of sale or the date of return.
2. All records and copies of reports or returns required to be maintained by subsection 1 shall be made available at all reasonable times to the commission for the purpose of audit and investigation.
Sec. 7. Any licensee who willfully fails to report, pay or truthfully account for the tax imposed by section 2 of this act shall:
1. Be liable to a penalty in the amount of the tax evaded or not paid, to be assessed and collected in the same manner as other charges, taxes, licenses and penalties under this chapter; and
2. Be subject, in the discretion of the commission, to the revocation of his gaming license.
________
Assembly Bill No. 602Committee on Taxation
CHAPTER 526
AN ACT to amend NRS section 369.230, relating to the suspension or revocation of intoxicating liquor licenses, by adding new grounds for suspension or revocation; to amend NRS 369.470, relating to regulation of wholesale liquor licenses, by adding a prohibition against sale to delinquent retail liquor stores; and providing other matters properly relating thereto.
[Approved April 15, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 369.230 is hereby amended to read as follows:
369.230 The board of county commissioners may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the action of any licensee under this chapter, and shall have power to recommend the temporary suspension or permanent revocation of a license for any one of the following acts or omissions:
κ1965 Statutes of Nevada, Page 1470 (CHAPTER 526, AB 602)κ
have power to recommend the temporary suspension or permanent revocation of a license for any one of the following acts or omissions:
1. Misrepresentation of a material fact by the applicant in obtaining a license under this chapter; or
2. If the licensee violates or causes or permits to be violated any of the provisions of this chapter; or
3. If the licensee commits any act which would be sufficient ground for the denial of an application for a license under this chapter; or
4. If the licensee sells liquor to a wholesaler or retailer who is not a holder of a proper license or permit at such time; or
5. If the licensee fails to pay the excise tax or any penalty in connection therewith, in whole or in part, imposed by law, or violates any rule or regulation of the tax commission respecting the same.
6. If the licensee sells liquor to a retail liquor store that is delinquent in its payment for wholesale liquors.
7. Failure of a licensee to report or falsely reporting to the tax commission that a retail liquor store has become delinquent in payment for wholesale liquors.
Sec. 2. NRS 369.470 is hereby amended to read as follows:
369.470 1. Wholesale dealers licenses shall permit the holders thereof to sell liquor to wholesalers, retailers and those instrumentalities of the Armed Forces of the United State specified in NRS 369.335 only anywhere in Nevada. Sale by a wholesaler to himself as a retailer is not the transaction of a bona fide wholesale business.
2. Wholesale dealers shall not sell liquor to retail liquor stores who become delinquent in payment for wholesale liquors sold to them. Delinquency of payment shall occur on the 11th day of a particular month following the month of such sales.
3. A wholesaler shall immediately report all such delinquent retail liquor stores to the tax commission and the tax commission shall notify and direct all licensed wholesalers in the state to stop the sale of all wholesale liquors to such delinquent retail liquor stores.
4. Upon subsequent notification by a wholesaler to the tax commission that full payment has been received from a delinquent retail liquor store, the tax commission shall so advise all wholesalers and give them permission again to sell liquors to such retail liquor stores.
________
κ1965 Statutes of Nevada, Page 1471κ
Assembly Bill No. 324Committee on Roads, Transportation and Aviation
CHAPTER 527
AN ACT to amend chapter 482 of NRS, relating to the licensing and registration of motor vehicles, by adding new sections making a legislative declaration, defining terms, prohibiting false or misleading advertising, requiring the licensing of persons and their employees engaged in the business of leasing vehicles, requiring registration of leased vehicles, and authorizing vehicle dealers to register certain vehicles and receive certificates of ownership therefor; to amend NRS sections 482.055, 482.240, 482.245, 482.320, 482.3212, 482.322, 482.325, 482.330, 482.345, 482.350, 482.352, 482.353 and 482.362, relating to the definition of legal owner, the issuance of certificates of ownership and registration, the contents of certificates, dealers special plates, special permits for out-of-state movement of vehicles, licensing of dealers, applications for and issuance of dealers license plates, requirements for dealers licenses, certification of new vehicle dealers, grounds for denial, revocation of dealers licenses and hearings, the licensing of vehicle salesmen, by redefining legal owner; by requiring certificates of inspection before a certificate of ownership is issued for foreign vehicles; by deleting the listing of the legal owner on a certificate of registration; by increasing the time for which special permits for out-of-state movement are valid; by requiring the department of motor vehicles to investigate applicants for dealers licenses; by making an application for a dealers plates apply to an application for a dealers licenses and requiring the address of the fixed place of business; by making issuance of special dealers plates contingent upon issuance of dealers licenses; by making a continuous dealers bond mandatory; by prohibiting the sale of new vehicles by persons not certified by the manufacturer; by changing grounds for revocation and allowing emergency suspension of a dealers license; by changing the expiration date of salesmens licenses and grounds for revocation, and limiting salesmen to one employer; to repeal NRS section 482.510, relating to the fee for transfer of registration to a chattel mortgagee; and providing other matters properly relating thereto.
[Approved April 15, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 8, inclusive, of this act.
Sec. 1.5. The legislature finds and declares that the distribution and sale of motor vehicles in the State of Nevada vitally affects the general economy of the state and the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate and to license motor vehicle manufacturers, distributors, new and used vehicle dealers, leasing companies, salesmen, and their representatives doing business in the State of Nevada in order to prevent frauds, impositions and other abuses upon its citizens.
Sec. 2. New vehicle means a vehicle that has never been registered with the department, and has never been registered with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country.
Sec. 3. New vehicle dealer means any person who has a franchise from a manufacturer of vehicles to sell new vehicles and who is engaged in the business of selling or exchanging new or new and used vehicles.
κ1965 Statutes of Nevada, Page 1472 (CHAPTER 527, AB 324)κ
Sec. 4. Used vehicle means a vehicle that has been registered with the department, or has been registered with the appropriate agency of authority of any other state, the District of Columbia, or any territory or possession of the United States or foreign state, province or country.
Sec. 5. Used vehicle dealer means any person engaged in the business of selling or exchanging used vehicles for profit, or who buys and sells, or exchanges three or more used vehicles in any 1 calendar year.
Sec. 6. 1. No vehicle dealer may intentionally publish, display or circulate any advertising which is misleading or inaccurate in any material particular or which misrepresents any of the products sold, manufactured, handled or furnished to the public.
2. The director, after hearing, may adopt such rules and regulations as may be necessary for making the administration of this section effective.
Sec. 7. 1. Any person, other than a new or used vehicle dealer licensed under the provisions of NRS 482.325, who engages in the leasing of vehicles in this state on a basis binding the lessee for a fixed term of payment exceeding 31 days, shall, before commencing operations in this state, and annually thereafter:
(a) Secure a license from the department to conduct such leasing business;
(b) Post a bond;
(c) Furnish the department with such other information as may be required; and
(d) Comply with the same terms and conditions which apply to vehicle dealers as specified in NRS 482.345.
2. Any person employed by a person licensed under the provisions of subsection 1 who engages in the practice of arranging or selling such services in this state shall, before commencing operations, and annually thereafter:
(a) Secure from the department a license to act as a salesman of such services; and
(b) Comply with the same terms and conditions which apply to salesmen of vehicles as specified in NRS 482.362.
3. The provisions of NRS 482.352, relating to the denial, revocation or suspension of dealers licenses, shall apply to licenses issued pursuant to the provisions of subsection 1. The provisions of NRS 482.362, relating to the denial, revocation and transfer of vehicle salesmens licenses, shall apply to licenses issued pursuant to the provisions of subsection 2.
Sec. 8. 1. Any vehicle which is leased to a user having a place of business or residence in this state, for use on the public highways of this state, shall be subject to registration in this state either by the owner or the lessee of such vehicle.
2. The provisions of subsection 1 shall not apply to vehicles operated in this state under the provisions of any reciprocity agreement made by the department or to vehicles entitled to prorational registration under the provisions of chapter 706 of NRS.
Sec. 9. NRS 482.055 is hereby amended to read as follows:
482.055 Legal owner means a person who holds the legal title of a vehicle. [or a mortgage thereon.]
κ1965 Statutes of Nevada, Page 1473 (CHAPTER 527, AB 324)κ
Sec. 10. NRS 482.240 is hereby amended to read as follows:
482.240 1. Upon a registration of a vehicle the department shall issue a certificate of registration to the owner and a certificate of ownership to the legal owner, or both to a person who is both owner and legal owner.
2. When an applicant for registration or transfer or registration shall be unable, for any reason, to submit to the department in support of such application for registration, or transfer of registration, such documentary evidence of legal ownership as, in the opinion of the department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, then the department may issue to such applicant only a certificate of registration.
3. The department may, upon proof of ownership satisfactory to it, issue a certificate of ownership prior to registration of the vehicle concerned.
4. The department shall not issue a certificate of ownership for a vehicle which was previously registered or purchased in any other state, the District of Columbia, any territory or possession of the United States or any foreign state, province, or country unless the application for the certificate of ownership is accompanied by a motor vehicle inspection certificate signed by a representative of the department or by a dealers report of sale by a licensed vehicle dealer.
5. At the time of issuance of a certificate of ownership, the applicant shall pay a title fee of $2.
Sec. 11. NRS 482.245 is hereby amended to read as follows:
482.245 Certificates of registration and of ownership shall meet the following requirements:
1. [Both the certificate of registration and the certificate of ownership shall contain upon the face thereof the date issued, the registration number assigned to the owner and to the vehicle, the name and address of the owner and legal owner in typewriting, a description of the registered vehicle including the date first sold by the manufacturer or dealer to the consumer and such other statement of facts as may be determined by the department.
2.] The certificate of registration shall contain upon the face thereof the date issued, the registration number assigned to the vehicle, the name and address of the registered owner, a description of the registered vehicle and such other statement of facts as may be determined by the department.
2. The certificate of ownership shall contain upon the face thereof the date issued, the name and address of registered owner and legal owner, a description of the vehicle and such other statement of facts as may be determined by the department. The reverse side of the certificate of ownership only shall contain forms for notice to the department of a transfer of the title or interest of the owner or legal owner and application for registration by the transferee.
Sec. 12. NRS 482.320 is hereby amended to read as follows:
482.320 1. A manufacturer or dealer having an established place of business in this state, and owning or controlling any new or used vehicle of a type otherwise required to be registered under the provisions of this chapter, may operate or move such vehicle if there is displayed thereon a special plate or plates issued to such manufacturer or dealer as provided in NRS [482.325 and] 482.330.
κ1965 Statutes of Nevada, Page 1474 (CHAPTER 527, AB 324)κ
vehicle of a type otherwise required to be registered under the provisions of this chapter, may operate or move such vehicle if there is displayed thereon a special plate or plates issued to such manufacturer or dealer as provided in NRS [482.325 and] 482.330. Such a vehicle may also be moved or operated for the purpose of towing other vehicles which are to be sold or exchanged, or stored for the purpose of sale or exchange.
2. The provisions of this section do not apply to:
(a) Work or service vehicles owned or controlled by a manufacturer or dealer.
(b) Vehicles leased by dealers, except vehicles rented or leased to vehicle salesmen in the course of their employment.
Sec. 13. NRS 482.3212 is hereby amended to read as follows:
482.3212 The department shall issue to any dealer upon request, and upon payment of a fee of $8.25, a special permit, in a form to be determined by the department, for movement of any vehicle for the purposes of sale outside the State of Nevada, or for movement outside the state of any vehicle purchased by a nonresident. The permit shall be affixed to the vehicle to be so moved in a manner and position to be determined by the department, and shall expire [48 hours] 5 days after issuance.
Sec. 14. NRS 482.322 is hereby amended to read as follows:
482.322 1. No person may engage in the business of a new or used vehicle dealer or manufacturer in this state, or be entitled to any other license or permit required by this chapter, until he has applied for and has been issued a dealers license certificate by the department.
2. The department shall [require the Nevada highway patrol to] investigate any applicant for a dealers license and complete an investigation report on a form provided by the department.
Sec. 15. NRS 482.325 is hereby amended to read as follows:
482.325 1. Applications for [manufacturer or dealer] a manufacturers or dealers license [plates] shall be filed upon forms supplied 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 receive such plates 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 dealers license certificate [of registration] containing the latters name and [business address and a license plate or plates assigned to him in such form and containing such further information as the department may determine.] the address of his fixed place of business.
Sec. 16. NRS 482.330 is hereby amended to read as follows:
482.330 1. Upon [receipt of the application,] issuance of the dealers or manufacturers license certificate, the department shall also furnish to the manufacturer or dealer one or more [mobile] registration certificates and special plates [or single plates for other vehicles registered by the plates or pairs of plates] for use on vehicles which come within the provisions of NRS 482.320. Every such plate shall have displayed upon it the [registration] identification number which is assigned to the [applicant,] dealer or manufacturer, and may at the discretion of the department have a different letter or symbol on each plate or pair of plates.
κ1965 Statutes of Nevada, Page 1475 (CHAPTER 527, AB 324)κ
discretion of the department have a different letter or symbol on each plate or pair of plates. Such manufacturer and dealer license plates may be used interchangeably on such vehicles.
2. The department shall by regulation determine the number of manufacturer or dealer license plates to which each manufacturer and dealer is entitled, which, in the case of a dealer, shall be at least three more than the number of salesmen in his employ.
3. The department may also provide by regulation for the issuance of dealers of special license plates and for the number of such plates for use on vehicles loaned by such dealers to customers in the course of business. Such regulations, if adopted, shall provide what use may be made of such plates.
Sec. 17. NRS 482.345 is hereby amended to read as follows:
482.345 1. Before any 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, except as provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of $10,000 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. The department may, by agreement with any dealer who has been in business for 5 years or more, allow a reduction in the amount of the bond of such dealer, if the business of such dealer has been conducted satisfactorily for the preceding 5 years, but no bond shall be in an amount less than $1,000.
2. A manufacturer or dealer who manufacturers or sells only motorcycles or trailers designed to carry boats shall file a bond as required by subsection 1 in the amount of $1,000 regardless of the length of time he has been in business.
3. The bond [may] shall be continuous in form and the total aggregate liability on the bond shall be limited to the payment of the total amount of the bond, but in no case shall the amount of any judgment in an action on such a bond exceed the retail value of any vehicle in connection with which the action was brought.
4. 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.
5. The bond shall provide that any person injured by the action of the dealer or his salesman in violation of any provisions of this chapter may bring an action on the bond.
Sec. 18. NRS 482.350 is hereby amended to read as follows:
482.350 [1. A dealer] A new vehicle dealers 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] he is an authorized franchised dealer for the make or makes of vehicle concerned.
κ1965 Statutes of Nevada, Page 1476 (CHAPTER 527, AB 324)κ
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] he is an authorized franchised dealer for the make or makes of vehicle concerned. New vehicle dealers shall be authorized to sell only those new vehicles for which they are certified as franchised dealers by the manufacturer.
[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. 19. NRS 482.352 is hereby amended to read as follows:
482.352 1. The department may deny the issuance of or revoke a dealers 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] felony in the State of Nevada or any other state, territory or nation.
(c) Material misstatement in this 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 director.
(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 director 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. 20. NRS 482.353 is hereby amended to read as follows:
482.353 1. The applicant or licensee may, within 30 days after receipt of the notice of denial or revocation, petition the director in writing for a hearing.
2. Upon filing the petition, a date for 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.
3. Within 10 days after the hearing, the director shall make written findings of fact and conclusions and shall either grant or finally deny the application or revoke the license.
κ1965 Statutes of Nevada, Page 1477 (CHAPTER 527, AB 324)κ
findings of fact and conclusions and shall either grant or finally deny the application or revoke the license.
4. Notwithstanding the provisions of subsections 1 to 3, inclusive, the department may, if the director finds that the action is necessary in the public interest, upon notice to the licensee temporarily suspend or refuse to renew the license certificate and the special plates issued to a manufacturer or dealer for a period not to exceed 30 days. In any such case a hearing shall be held, and a final decision rendered within 30 days after notice of the temporary suspension.
Sec. 21. NRS 482.362 is hereby amended to read as follows:
482.362 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] December 31 of each calendar year.
(e) Such other information as the department may deem necessary.
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.] felony.
(c) Conviction of a misdemeanor for violation of any of the provisions of this chapter.
3. A vehicle salesman may not engage in sales activity other than for the account of or for and in behalf of a single employer, who shall be a licensed dealer.
4. A salesmans license issued hereunder may be transferred to another dealer upon application and the payment of a transfer fee of $2.
[4.] However, when a salesman holding a current salesmans license leaves the employment of one dealer for that of another, the new employer may immediately employ the salesman pending the transfer of the salesmans license to his dealership but the transfer must be completed within 10 days.
5. A salesmans license must be posted in a conspicuous place on the premises of the dealer [.
5.] for whom he is licensed to sell vehicles.
6. 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.
κ1965 Statutes of Nevada, Page 1478 (CHAPTER 527, AB 324)κ
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.] 7. Any person who fails to comply with the provisions of this section shall be guilty of a misdemeanor.
Sec. 22. NRS 482.510 is hereby repealed.
Sec. 22.5. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 23. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding any other provisions of this chapter, any vehicle dealer licensed under the provisions of NRS 482.325 may, upon presentation of a manufacturers certificate of origin or other evidence of ownership satisfactory to the department, register a vehicle being held for sale or resale in the name of his dealership. Upon registration the department shall also issue a certificate of ownership for such vehicle to such dealership. The appropriate fees provided in NRS 482.240 and 482.480 shall be paid to the department by the vehicle dealer.
Sec. 24. This act shall become effective upon passage and approval.
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