[Rev. 2/28/2019 2:42:42 PM]
κ1965 Statutes of Nevada, Page 401 (CHAPTER 223, AB 208)κ
Sec. 9. 1. A change of boundaries of a fire protection district shall not impair or affect its organization, nor shall it affect, impair or discharge any contract, obligation, lien or charge on which it might be liable or chargeable had such change of boundaries not been made.
2. Property included within or annexed to a district shall be subject to all of the taxes imposed by the district, and shall be liable for its proportionate share of existing bonded indebtedness of the district; but it shall not be liable for any taxes levied or assessed prior to its inclusion in the district, nor shall its entry into the district be made subject to or contingent upon the payment or assumption of any penalty.
3. Property excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of such exclusion, but the board of county commissioners may levy taxes upon only the taxable property remaining in the district after the exclusion of property if the board finds and determines that it has considered the results of sections 1 and 2 of article 10 of the constitution of the State of Nevada and that the failure to levy a tax upon the property excluded from the district will not prejudice any creditor existing at the time of such exclusion.
Sec. 10. This act shall become effective upon passage and approval.
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Assembly Bill No. 215Committee on Ways and Means
CHAPTER 224
AN ACT to amend NRS section 286.410, relating to public employees retirement contributions, by providing that members entering into subsequent participating employment prior to expiration of previously accrued annual leave contribute only from the greater salary, and that contract employees of state educational facilities who assume additional participating employment during periods already covered by contract contribute only on one salary.
[Approved March 29, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.410 is hereby amended to read as follows:
286.410 1. Each employee who is a member of the system shall contribute 5 3/4 percent of the gross compensation earned by him after July 1, 1963, as a member of the system.
2. Where accumulated annual leave is paid an employee by one participating employer at the time of termination of services, and the employee enters into a subsequent participating employment prior to the expiration of his accumulated annual leave, retirement contributions shall be taken only from the greater salary for that period of time in which the new employment and accumulated annual leave period coincide.
κ1965 Statutes of Nevada, Page 402 (CHAPTER 224, AB 215)κ
3. Contract employees in the educational facilities of the state who assume employment with other participating employers during times already covered by their contracts shall not make contributions upon the additional employment. However, retirement contributions may be made upon the greater of the two incomes.
4. From each payroll during the period of his membership, the employer shall deduct the amount of the members contributions and transmit the deduction to the board at intervals designated by the board.
[3.] 5. No portion of the contribution referred to in this section shall be used for administrative expenses.
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Assembly Bill No. 230Mr. Olsen
CHAPTER 225
AN ACT to amend NRS sections 159.330 and 159.400, relating to sales of real property of wards, by making the sales provisions applicable to sales of real property of incompetent persons under guardianship and authorizing the court to allow limited payment of real estate commissions; and providing other matters properly relating thereto.
[Approved March 29, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 159.400 is hereby amended to read as follows:
159.400 1. If, after a full examination, it shall appear to the court either that it is necessary or would be for the benefit of the ward, for any purpose mentioned in NRS 159.300 and 159.320, that his or her real property or some part of it should be sold, the court may grant an order therefor, specifying therein whether necessary or proper and the object for which made. The order may also direct the sale to be at: [public auction or private sale.]
(a) Public auction; or
(b) Private sale.
If the order directs a private sale, it may authorize payment of commissions to real estate brokers licensed pursuant to the provisions of chapter 645 of NRS for their services rendered to the guardian in connection with the sale not to exceed 5 percent of the approved sales price, plus any actual other costs which may be incurred by such sale.
2. Upon making an order of sale, under the provisions of subsection 1, a certified copy of the order shall be delivered by the clerk to the guardian, who shall thereupon be authorized and required to sell the real property as directed.
Sec. 2. NRS 159.330 is hereby amended to read as follows:
159.330 All sales of real property of minor wards [,] or of incompetent persons under wardship, made in accordance with the provisions of this chapter, shall be for cash or on credit, or part cash and part on credit, as in the discretion of the court or judge may be most beneficial for such wards.
κ1965 Statutes of Nevada, Page 403 (CHAPTER 225, AB 230)κ
credit, as in the discretion of the court or judge may be most beneficial for such wards. When credit is given, the court or judge shall fix the credit, and the purchaser or purchasers shall execute and deliver to the guardian or guardians promissory notes for deferred payments, bearing interest and secured by mortgage on the real property sold, with such additional security as the judge may deem necessary and sufficient to secure the payment of the deferred payments and the interest thereon.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 235Clark County Delegation
CHAPTER 226
AN ACT to amend NRS sections 538.060, 538.100, 538.110, 538.160 to 538.180, inclusive, 538.220, 538.240 and 538.260, relating to the Colorado River commission, by raising the compensation of commissioners, allowing incidental use of electric energy outside Nevada and specifying terms of water service contracts with the United States and disposition of revenues; and providing other matters properly relating thereto.
[Approved March 29, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 538.060 is hereby amended to read as follows:
538.060 1. Each appointed commissioner shall have the following qualifications:
(a) He shall be a citizen of the State of Nevada and a resident therein for at least 5 years.
(b) He shall have a general knowledge of the development of the Colorado River and its tributaries within the State of Nevada.
(c) He shall have general knowledge of the rights of the State of Nevada insofar as the same pertain to the waters of the Colorado River allocated or allotted to or contracted by the State of Nevada, and insofar as the same pertain to the acquisition and distribution of the electrical power belonging or allotted to or contracted by the State of Nevada and generated at [Boulder Dam.] Hoover Dam and other hydroelectric power facilities on the Colorado River.
2. Not more than three commissioners shall be of the same major political affiliation.
Sec. 2. NRS 538.100 is hereby amended to read as follows:
538.100 1. Each commissioner, except the director of the state department of conservation and natural resources, shall receive as compensation [$15] $25 for each day actually employed on the work of the commission. Each commissioner and employee of the commission shall be allowed the per diem expense allowance and travel expenses as provided by law.
2. The secretary shall certify all bills and claims for per diem expense allowances and travel expenses of the commissioners and employees, and shall file the same with the state board of examiners for its action.
κ1965 Statutes of Nevada, Page 404 (CHAPTER 226, AB 235)κ
expense allowances and travel expenses of the commissioners and employees, and shall file the same with the state board of examiners for its action. Such bills and claims shall be paid from the Colorado River commission fund.
Sec. 3. NRS 538.110 is hereby amended to read as follows:
538.110 1. Within a reasonable time after the appointment of the commissioners, the commission shall meet upon the call of the director of the state department of conservation and natural resources and effect an organization.
2. [The commission shall select a chairman and a secretary, and shall fix the compensation of the secretary.] At the first meeting of the commission in 1966, and at the first meeting of the commission in each calendar year thereafter, the commission shall select officers for the ensuing calendar year consisting of a chairman, vice chairman and secretary. The secretary may or may not be a member of the commission, and his compensation shall be fixed by the commission.
Sec. 4. NRS 538.160 is hereby amended to read as follows:
538.160 The duties of the commission shall be:
1. To collect and arrange all data and information connected with the Colorado River and its tributaries which may affect or be of interest to the State of Nevada.
2. To represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use or exchange of power and for the use of electrical generating machinery and power transmission lines both within and outside of the State of Nevada, but [solely] for use within the State of Nevada, and to present the same to the governor for his information and approval. The commission shall not be prohibited from contracting for the supply of electric energy to any corporation or cooperative created under the laws of the State of Nevada that is being operated principally for service to Nevada citizens and may be serving incidental energy to citizens of other states contiguous to its service area in the State of Nevada.
3. To represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River or its tributaries, or in connection with [Boulder] Hoover Dam or other federally operated dams.
4. To render the friendly cooperation of the State of Nevada to such constructive enterprises as look to the conservation of the waters of the Colorado River and its tributaries and the development of power thereon.
5. To render friendly cooperation to and to negotiate with, cooperate with, and invite industries for the purpose of establishing the same within the State of Nevada.
6. To negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the water of the Colorado River and its tributaries.
7. To make and enter into agreements, compacts or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally, which agreements, compacts or treaties, however, will not become binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.
κ1965 Statutes of Nevada, Page 405 (CHAPTER 226, AB 235)κ
New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally, which agreements, compacts or treaties, however, will not become binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.
8. To report to the governor such measures and legislative action as may be deemed necessary to secure to the people of Nevada all possible benefits from the water of the Colorado River allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at [Boulder] Hoover Dam or elsewhere within the Colorado River stream system or from any private or federal power development upon other rivers in the western United States for use in the State of Nevada.
9. To cooperate with and to establish, conduct and maintain, in conjunction with other states or federal agencies, power, water and irrigation projects.
Sec. 5. NRS 538.170 is hereby amended to read as follows:
538.170 1. The commission is empowered to receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters of the Colorado River and to the power generated thereon [,] now held by or which may hereafter accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any compacts or treaties between states to which the State of Nevada may become a party, or otherwise.
2. Applications to appropriate such waters shall be made in accordance with chapter 533 of NRS and shall be subject to approval by the commission as set forth in NRS 533.370.
Sec. 6. NRS 538.180 is hereby amended to read as follows:
538.180 1. The commission shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.040 to 538.260, inclusive, for the State of Nevada, and is empowered to lease, sublease, let, sublet, contract or sell the same on such terms as the commission shall determine.
2. Every applicant, except a federal or state agency or political subdivision, for power [and] or water to be used within the State of Nevada shall, before the application is approved, provide an indemnifying-bond by a corporation qualified under the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of such lease, sublease, contract or other agreement.
3. The power and water shall not be sold for less than the actual cost to the State of Nevada.
4. Before any such sale or lease is made, the same shall be advertised in two papers of general circulation published in the State of Nevada for a period of once a week for 2 weeks; and the commission shall require any person desiring to make objection thereto to file the objection with the secretary of the commission within 10 days after the date of the last publication of the notice. If any objection shall be filed pursuant to such notice then the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.
κ1965 Statutes of Nevada, Page 406 (CHAPTER 226, AB 235)κ
time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.
5. Any such lease, sublease, contract or sale, either of the water or power mentioned in NRS 538.040 to 538.260, inclusive, shall not become binding upon the State of Nevada until ratified and approved by the governor [.] and, where required by the provisions of subsection 2 of NRS 538.220, until approved by the United States.
Sec. 7. NRS 538.220 is hereby amended to read as follows:
538.220 1. Notwithstanding anything in NRS 538.040 to 538.260, inclusive, to the contrary, the commission is authorized to request, on behalf of the State of Nevada, from the Secretary of the Interior of the United States the installation of water service facilities and electrical generating machinery and equipment or water service facilities or electrical generating machinery and equipment as the commission in its discretion may deem necessary or convenient to meet and serve the future water and power demands and requirements of the State of Nevada, and the commission is authorized and directed to negotiate for and obtain and enter into and execute and cause to be executed such contracts, documents and instruments as are appropriate and requisite to carry such requests into effect.
2. [In the event of the installation of water service facilities, the commission is authorized, under suitable contract or contracts with the Secretary of the Interior of the United States, to accept transfer of the care, operation and maintenance of such water service facilities.] In the contracts, documents and instruments referred to in subsection 1, the commission is authorized:
(a) To obligate itself and the State of Nevada to repay the cost of water service facilities constructed by the United States;
(b) To obligate itself to operate and maintain water service facilities constructed by the United States;
(c) To sell Colorado River water, at wholesale, and deliver it through water service facilities constructed by the United States under contracts to be approved by the United States and upon charges which will yield to the commission revenues sufficient to repay the costs of such facilities and their operation and maintenance and, in addition, the cost of the water;
(d) To require each purchaser of Colorado River water from the commission to exercise such powers as such purchaser may possess to levy and collect taxes or assessments for the purposes of meeting the charges payable to the commission; and
(e) To agree to institute in the eighth judicial district court of the State of Nevada, and to prosecute to final judgment, including appellate review, proceedings to determine the validity of any contract or other obligation entered into with the United States under the provisions of subsection 1. Jurisdiction is hereby conferred upon such court, and generally upon each of the district courts of the State of Nevada, to conduct proceedings for such purpose as in the ordinary case of the judicial determination of proceedings, contracts, bonds and obligations of water conservancy districts as provided in NRS 541.380 to 541.420, inclusive. Such proceedings may be initiated by and in the name of the commission.
κ1965 Statutes of Nevada, Page 407 (CHAPTER 226, AB 235)κ
commission. The commission is hereby empowered to do and perform all acts and things so agreed to be done and performed by it as aforesaid.
3. In the event of the installation of any water service facilities and electrical generating machinery and equipment or water service facilities or electrical generating machinery and equipment pursuant to a request therefor by the commission, the faith and credit of the State of Nevada hereby is and shall be irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of this state, in any contract heretofore or hereafter entered into with the United States of America.
Sec. 8. NRS 538.240 is hereby amended to read as follows:
538.240 1. Revenues received from the sale of water delivered through the water service facilities referred to in NRS 538.220 shall be applied and disbursed by the commission in the following order:
(a) To the payment to the Federal Government or to the commission of the cost of operation and maintenance of such works and facilities.
(b) To the payment to the Federal Government of cost of construction of such works and facilities allocated by the Secretary of the Interior for reimbursement under any contracts therefor.
(c) To the payment of compensation and expenses of the commission and all other obligations incurred through performance by the commission of the duties designated in NRS 538.040 to 538.260, inclusive.
(d) To the repayment to the State of Nevada of any moneys advanced or appropriated to the commission, such repayment to be placed in and to be a part of the general fund of the state.
2. Revenues received from the sale of power or water other than provided for in subsection 1 or otherwise shall be applied and disbursed by the commission [as follows:] in the following order:
(a) To the payment to the Federal Government of [the cost of water and] the cost of electrical energy and the generation and delivery thereof in accordance with bills rendered by the Secretary of the Interior of the United States.
(b) To the payment to other entities of the cost of water and the cost of electrical energy and the generation thereof or the cost of water or the cost of electrical energy and the generation thereof in accordance with bills rendered by such entities.
(c) To the payment of compensation and expenses of the commission and all other obligations incurred through performance by the commission of the duties designated in NRS 538.040 to 538.260, inclusive.
(d) To the repayment to the State of Nevada of any moneys advanced or appropriated to the commission, such repayment to be placed in and to be a part of the general fund of the state.
[2.] 3. All vouchers for the disbursement of such funds shall be paid out of the Colorado River commission fund upon warrants to be drawn by the state controller and paid by the state treasurer.
Sec. 9. NRS 538.260 is hereby amended to read as follows:
538.260 [1. No power or authority which is granted to or which may be exercised by the commission shall be binding upon either the commission or the State of Nevada unless the same shall have the approval in writing of the governor.
κ1965 Statutes of Nevada, Page 408 (CHAPTER 226, AB 235)κ
commission or the State of Nevada unless the same shall have the approval in writing of the governor.
2.] Any and all [acts or] contracts entered into by the commission pertaining to the water of the Colorado River belonging or allotted to or contracted by the State of Nevada and the electrical power developed at [Boulder] Hoover Dam [,] or elsewhere on the Colorado River, [or acts] or contracts entered into pertaining to power and water or power or water belonging, allotted to or contracted by the State of Nevada from other entities shall not be binding upon the State of Nevada until approved by the governor.
Sec. 10. This act shall become effective upon passage and approval.
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Assembly Bill No. 253Messrs. Howard and Knisley
CHAPTER 227
AN ACT relating to cities incorporated under general law; to amend NRS sections 266.010 and 266.680, relating to the right of self-government and the amount of any special assessment upon any lot or premises in the city, by specifying the legislatures power to create or alter forms of municipal organization and providing that the maximum amount of special assessments shall not exceed the amount of the estimate of the special benefits to the lot or premises resulting from the improvement; and providing other matters properly relating thereto.
[Approved March 29, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 266.680 is hereby amended to read as follows:
266.680 1. The cost and expense of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments and cost of construction.
2. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed [100 percent of the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation.] the amount of the estimate of the special benefits to the lot or premises resulting from the improvement, the cost of which is being defrayed wholly or in part by the levy of special assessments. Any cost exceeding [100 percent,] such amount, which would otherwise be chargeable upon the lot or premises, shall be paid from the general funds of the city.
3. The council shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as a part of such assessment.
Sec. 2. NRS 266.010 is hereby amended to read as follows:
266.010 [The] Subject to the right of the legislature to create or alter the form of municipal organization by special act or charter, the right of home rule and self-government is hereby granted to the people of any city or town incorporated under the provisions of this chapter.
Sec. 3. This act shall become effective upon passage and approval.
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κ1965 Statutes of Nevada, Page 409κ
Assembly Bill No. 352Mr. Jacobsen
CHAPTER 228
AN ACT to amend chapter 207 of NRS, relating to miscellaneous crimes, by adding a new section providing a penalty for the reporting of a false crime.
[Approved March 29, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every person who reports to any police officer, sheriff, district attorney, deputy sheriff, deputy district attorney or member of the Nevada highway patrol that a felony or misdemeanor has been committed, or disseminates such a report by any medium of public communication, knowing such report to be false, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
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Assembly Bill No. 464Mr. Johnson
CHAPTER 229
AN ACT to amend chapter 561 of NRS, relating to the state department of agriculture, by adding a new section empowering the executive director or his deputy to administer oaths in cases where verified complaints are required.
[Approved March 29, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 561 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In all cases where the executive director is required or authorized by law to proceed upon a verified complaint, he, or his deputy so authorized by him, is empowered to administer oaths or affirmations and to take depositions, within or without the state, as the circumstances of the case may require.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 410κ
Assembly Bill No. 530Mr. Close
CHAPTER 230
AN ACT to amend NRS section 281.230, relating to unlawful compensation and commissions of government employees, by extending the provisions to district and township officers, deputies and employees and to officers and employees of quasi-municipal corporations.
[Approved March 29, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.230 is hereby amended to read as follows:
281.230 1. [No state, county or municipal officer of the State of Nevada nor any deputy or employee of any state, county or municipal officer of the State of Nevada shall in any manner, directly or indirectly, receive any commission, personal profit, or compensation of any kind or natural, inconsistent with loyal service to the people, resulting from any contract or other transaction in which the state, county or municipality is in any way interested or affected.] The following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind or nature inconsistent with loyal service to the people resulting from any contract or other transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way interested or affected:
(a) State, county, municipal, district and township officers of the State of Nevada;
(b) Deputies and employees of state, county, municipal, district and township officers; and
(c) Officers and employees of quasi-municipal corporations.
2. Any contract or transaction prohibited by this section entered into with any of the persons designated in subsection 1, with the knowledge of the party so entering into the same, shall be void.
3. Every person violating any of the provisions of this section shall, upon conviction, forfeit his office or employment, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 5 years, or by both such fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
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κ1965 Statutes of Nevada, Page 411κ
Assembly Bill No. 547Mr. Bunker and Mrs. Tyson
CHAPTER 231
AN ACT to amend an act entitled An Act to incorporate the city of North Las Vegas in Clark county, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, approved March 27, 1953, as amended.
[Approved March 29, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 79 of Chapter III of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as added by chapter 447, Statutes of Nevada 1963, at page 1256, is hereby amended to read as follows:
Section 79. Thirty-Day Payment Period; Deferred Payments.
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. 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. 2. This act shall become effective upon passage and approval.
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κ1965 Statutes of Nevada, Page 412κ
Senate Bill No. 291Senator Bay
CHAPTER 232
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Eureka county, Nevada, and regulating the employment and compensation of deputies and other employees of said officers and repealing all acts and parts of acts in conflict herewith, approved February 25, 1953, as amended.
[Approved March 29, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as last amended by chapter 82, Statutes of Nevada 1965, is hereby amended to read as follows:
Section 2. The district attorney shall receive an annual salary of [$6,300] $6,900 for all his services as such officer if he resides in Eureka County. If the district attorney does not reside in Eureka County he shall receive an annual salary of $4,800 for all his services as such officer, and no travel expenses or per diem allowances shall be paid him for traveling from his place of residence to the county seat to perform his official duties or for returning to his place of residence from the county seat. The district attorney shall pay into the county treasury each month all moneys collected by him as fees as authorized by law without deduction of any nature. The district attorney shall be allowed only his actual expenses while attending to official business of the county or the state; provided, that no claim for expenses any part of which pertains to any private matter or to the business of any client shall be allowed or paid under the provisions of this act by the board of county commissioners.
Sec. 2. Section 3 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as last amended by chapter 158, Statutes of Nevada 1963, at page 258, is hereby amended to read as follows:
Section 3. The sheriff shall receive an annual salary of [$6,300.] $6,900. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature. When it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat he shall be allowed his necessary and actual traveling expenses therefor and his living expenses while away from the county seat in the discharge of his official duties. He shall also be reimbursed for all telegraph and telephone tolls necessarily made in the discharge of his official duties. He shall present to the board of county commissioners an itemized bill of such necessary expenses actually paid, which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed. The sheriff may employ one under-sheriff who shall receive an annual salary of [$5,800.] $6,400. With the consent of the board of county commissioners, the sheriff may appoint additional deputies, whose compensation shall be fixed by the board of county commissioners at not to exceed $15 per day.
κ1965 Statutes of Nevada, Page 413 (CHAPTER 232, SB 291)κ
Sec. 3. Section 4 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as last amended by chapter 158, Statutes of Nevada 1963, at page 258, is hereby amended to read as follows:
Section 4. The county clerk and ex officio county treasurer and ex officio clerk of the district court shall receive an annual salary of [$6,300.] $6,900. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature.
Sec. 4. Section 5 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as last amended by chapter 158, Statutes of Nevada 1963, at page 258, is hereby amended to read as follows:
Section 5. The county recorder and ex officio auditor shall receive an annual salary of [$6,300] $6,900 as compensation for his services as such officer. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature.
Sec. 5. Section 6 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as last amended by chapter 158, Statutes of Nevada 1963, at page 258, is hereby amended to read as follows:
Section 6. The county assessor shall receive an annual salary of [$6,300.] $6,900. He shall pay into the county treasury each month all moneys collected by him as fees and taxes without deduction of any nature. When it becomes necessary to travel a greater distance than 3 miles from the county seat the county assessor shall present to the board of county commissioners an itemized bill of such necessary travel actually incurred, which shall be certified under oath, and the board of county commissioners shall audit and may allow such claim in the same manner as other county expenses are audited and allowed.
Sec. 6. Section 7 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as last amended by chapter 158, Statutes of Nevada 1963, at page 258, is hereby amended to read as follows:
Section 7. The county commissioners shall each receive an annual salary of [$2,700,] $3,300, and 10 cents per mile in going to and from the county seat when attending upon the regular monthly meeting, as a board of equalization and as a board of canvassers.
Sec. 7. This act shall become effective on the 1st Monday of January 1967.
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κ1965 Statutes of Nevada, Page 414κ
Assembly Bill No. 340Messrs. Swobe, Bailey, Kean, Harris, Mrs. Frazzini and Mr. Wood
CHAPTER 233
AN ACT relating to Washoe County, Nevada; authorizing and providing for financing the construction and other acquisition of an auditorium for the County of Washoe, to be located in the City of Reno, improvements incidental thereto, and equipment and furnishings therefor, and appurtenances, by the issuance of revenue bonds by the county fair and recreation board on behalf and in the name of the County; providing for the payment of the bonds from revenues derived from the operation of the Countys system of recreational facilities and from certain license taxes fixed and imposed by the County and the Cities of Reno and Sparks, and any other municipality in the County or from any combination of such license taxes; authorizing the construction and other acquisition of such auditorium, incidental improvements, equipment, furnishings and appurtenances; specifying powers, duties, rights, privileges, liabilities and limitations in connection with such securities, recreational facilities, license taxes and other revenues; prescribing other details in connection therewith; and providing other matters properly relating thereto.
[Approved March 29, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county fair and recreation board of the County of Washoe, in the State of Nevada (herein sometimes designated as the Board, the County, and the State, respectively), in the name and upon behalf of the County, and in addition to the powers elsewhere conferred upon the County, without the necessity of an election or other or further preliminaries, is hereby authorized and empowered:
(a) To construct and otherwise acquire an auditorium for the County, to be located within the County and State in the City of Reno, improvements incidental thereto, and equipment and furnishings therefor, and appurtenances (herein sometimes designated as the Project); and
(b) To defray wholly or in part the cost thereof by the issuance of the Countys revenue bonds (herein sometimes designated as the bonds) in the aggregate principal amount of not exceeding $2,500,000, or such lesser amount as may be necessary or desirable for said purpose, as the Board may determine.
Sec. 2. 1. Subject to existing contractual limitations and obligations appertaining thereto, the bonds shall be payable from, and such payment may be secured by an irrevocable pledge of, revenues derived from the operation of the Countys system of recreational facilities under the jurisdiction and control of the Board, including without limitation the exposition and convention hall building and incidental recreational facilities therefor, including without limiting the generality of the foregoing, public parks, playgrounds, other recreational facilities, buildings therefor, improvements incidental thereto, and sites and grounds, equipment and furnishings therefor, and acquired with the proceeds of the Countys General Obligation Convention Hall and Recreation Bonds, Series July 1, 1960, issued in the original principal amount of $4,500,000.00, as such facilities have been and may be from time to time repaired, improved, extended, enlarged and bettered, including without limitation the Project (herein sometimes designated as the Recreational Facilities), and revenues derived from license taxes fixed and imposed for revenues by the County pursuant to NRS 244.335 and by the cities of Reno and Sparks and any other municipality in the County pursuant to NRS 268.095 upon certain operators of hotels, motels, auto courts, motor courts, lodges, lodging houses, apartments, apartment houses, apartment house hotels, rooming houses, guest houses, trailer courts, trailer parks, tourist camps, ranch resorts, guest ranches, cabins and other accommodations (herein sometimes designated as the License Taxes), subject to the assignment for such use and pledge of the License Taxes by ordinance by the board of commissioners of the County and by the city councils of Reno and Sparks and any other municipality in the County, or revenues derived from any combination of such License Taxes, as may be determined by the Board, subject to such an assignment by the governing body causing the levy and collection of License Taxes from which bonds are made payable.
κ1965 Statutes of Nevada, Page 415 (CHAPTER 233, AB 340)κ
time to time repaired, improved, extended, enlarged and bettered, including without limitation the Project (herein sometimes designated as the Recreational Facilities), and revenues derived from license taxes fixed and imposed for revenues by the County pursuant to NRS 244.335 and by the cities of Reno and Sparks and any other municipality in the County pursuant to NRS 268.095 upon certain operators of hotels, motels, auto courts, motor courts, lodges, lodging houses, apartments, apartment houses, apartment house hotels, rooming houses, guest houses, trailer courts, trailer parks, tourist camps, ranch resorts, guest ranches, cabins and other accommodations (herein sometimes designated as the License Taxes), subject to the assignment for such use and pledge of the License Taxes by ordinance by the board of commissioners of the County and by the city councils of Reno and Sparks and any other municipality in the County, or revenues derived from any combination of such License Taxes, as may be determined by the Board, subject to such an assignment by the governing body causing the levy and collection of License Taxes from which bonds are made payable.
2. No resolution, ordinance, trust agreement or any other instrument by which a pledge is created or which otherwise appertains to any pledge of revenues or other matter provided in this act need be filed or recorded except in the office of the secretary of the Board, subject to the provisions of any relevant law concerning the adoption of a resolution or ordinance.
3. Any pledge of revenues shall be valid and binding from the time when the pledge is made. Any revenues so pledged and thereafter received by the County shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County irrespective of whether such parties have notice thereof. Nothing herein contained shall be construed as a waiver of any immunity or as the creation of any immunity of the County, the Board, the board of county commissioners, any municipality assigning License Taxes for use and pledge hereunder, its governing body, and any officer, agent or employee thereof.
Sec. 3. 1. The bonds shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, as the Board may determine, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the Board, below par at a discount of not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest rate to the County of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of discount permitted by the Board on the sale of the bonds. Nothing herein contained shall be construed as permitting the sale of any bonds for other than lawful money of the United States.
2. No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
3. The Board may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.
κ1965 Statutes of Nevada, Page 416 (CHAPTER 233, AB 340)κ
services in connection with the Project and the authorization, issuance and sale of the bonds.
4. 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, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the Board, may include all or any part of the incidental costs appertaining 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 and of revenues, other preliminaries, the costs of appraising, printing, employing engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, working capital, contingencies, operation and maintenance expenses for any reasonable period, the acquisition of properties by condemnation, or otherwise, any expenses incurred in carrying out the provisions of any trust agreement or resolution authorizing the issuance of bonds, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Board. Bond proceeds may also be used to repay any emergency or temporary loan incurred by the Board acting in the name and on behalf of the County to defray temporarily all or any part of the cost of the Project. Nothing contained in this subsection shall be construed as limiting the costs which may be defrayed as operation and maintenance expenses or in some other manner.
5. Any unexpended balance of bond proceeds remaining after the completion of the Project shall be paid immediately into a fund created for the payment of the principal of and interest on the bonds and shall be used therefor or held as a reserve for that purpose, subject to the provisions as to the times and methods for their payment as stated in the bonds and in the proceedings authorizing their issuance.
6. The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.
7. The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the County, the Board, or any of the officers, agents and employees of the County.
8. No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.
Sec. 4. The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by resolution of the County adopted by the Board.
κ1965 Statutes of Nevada, Page 417 (CHAPTER 233, AB 340)κ
Sec. 5. Any resolution may provide that each bond therein authorized shall recite that it is issued under authority hereof. 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. 6. 1. The bonds of any series hereunder shall:
(a) Be of convenient denominations;
(b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;
(c) Mature serially in regular numerical order at annual or other designated intervals, commencing not later than 3 years from the date of the bonds and not exceeding 35 years therefrom, in equal amounts of principal, upon an amortization plan, or in any other manner the Board may determine;
(d) Bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first interest payment date may be for interest accruing for any period not in excess of one year;
(e) Have interest coupons attached in such manner or otherwise appertain to the bonds so that the coupons can be presented for payment of the installments of interest without injury to or presentation of the bonds (unless the bonds be registered for payment as to both principal and interest and there thus be no coupons), each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it appertains;
(f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the Board; and
(g) Be printed at such place within or without the State, as the Board may determine.
2. Any resolution authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, not exceeding 6 percent of the principal amount of each bond so redeemed, as the Board may determine and state in the resolution.
3. Bonds may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at any bondholders option, or for registration for payment only in either manner designated; 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 or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.
4. The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the Board in the resolution or resolutions authorizing the bonds, except as herein otherwise provided.
5. Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the Board may determine may be issued.
κ1965 Statutes of Nevada, Page 418 (CHAPTER 233, AB 340)κ
6. Subject to the payment provisions herein expressly provided, the bonds, any interest coupons appertaining thereto, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.
7. Notwithstanding any other provision of law, the Board in any proceedings authorizing bonds hereunder:
(a) May provide for the initial issuance of one or more bonds (in this subsection 7 called bond) aggregating the amount of the entire issue or any portion thereof;
(b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;
(c) May provide for the making of any such bond payable to bearer or otherwise, registrable for payment as elsewhere provided herein, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond; and
(d) May make provision in any 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 registered for payment, or coupon bonds with provisions for registration for payment.
8. In case any outstanding bond shall become mutilated, or be destroyed, stolen or lost, the Board, in the name and on behalf of the County, may cause to be authenticated and delivered a new bond (with appropriate coupons attached unless registered for payment as to interest) of like tenor, number and amount as the bond and appurtenant coupons, if any, so mutilated, destroyed, stolen or lost:
(a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any, or
(b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:
(1) Upon filing with the County evidence satisfactory to the Board that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof, and
(2) Upon furnishing the County with indemnity satisfactory to the Board,
upon complying with such reasonable regulations as the Board may prescribe, and upon the payment of such expenses as the County may incur in connection therewith.
9. The County may also reissue any outstanding bond (upon such terms and conditions as the Board and the holder thereof, or, if registered for payment to other than bearer, the registered owner thereof, may determine) which shall not have become mutilated, destroyed, stolen or lost, regardless of whether so provided in any proceedings authorizing its issuance.
10. Any bond shall be executed in the name of and on behalf of the County, signed by the chairman of the Board, countersigned by the county treasurer, countersigned by the chairman of the board of county commissioners, with the seal of the County affixed thereto, and attested by the county clerk.
κ1965 Statutes of Nevada, Page 419 (CHAPTER 233, AB 340)κ
commissioners, with the seal of the County affixed thereto, and attested by the county clerk.
11. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the county treasurer.
12. Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)
13. 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.
14. Any officer authorized or permitted to sign any bond or coupons, 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 appertaining thereto, or upon both the bond and such coupons.
15. Any such revenues pledged (subject to any prior pledges) for the payment of bonds of any one issue or series authorized in this act which revenues are not exclusively pledged therefor, may subsequently be pledged directly for the payment of the securities of one or more issues or series subsequently authorized hereunder or otherwise.
16. All bonds of the same issue or series herein authorized shall, subject to the prior and superior rights of outstanding securities, claims and other obligations, have a prior, paramount and superior lien on the revenues pledged for the payment of the bonds over and ahead of any lien thereagainst subsequently incurred of any other securities; provided, however, the resolution authorizing, or other instrument appertaining to, the issuance of any bonds herein authorized may provide for the subsequent authorization of bonds or other securities the lien for the payment of which on such revenues is on a parity with the lien thereon of the subject bonds upon such conditions and subject to such limitations as said resolution or other instrument may provide.
17. All bonds of the same issue or series shall be equally and ratably secured without priority by reason of number, date of maturity, date of bonds, of sale, of execution, or of delivery, by a lien on the pledged revenues in accordance with the provisions of this act and the resolution authorizing, or other instrument appertaining to, the bonds, except to the extent such resolution or other instrument shall otherwise expressly provide.
18. In the discretion of the Board any bonds issued under this act may be secured by a trust agreement by and between the County and a corporate trustee or trustees which may be any trust company or bank having the powers of a trust company within or without the State. Such trust agreement or the resolution providing for the issuance of any bonds may pledge or assign the revenues to be received, as herein provided, but shall not convey or mortgage the facilities comprising the Project or any other of the Recreational Facilities. Such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the holders of such bonds as any resolution providing for the issuance of any bonds and not in violation of law.
κ1965 Statutes of Nevada, Page 420 (CHAPTER 233, AB 340)κ
trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the holders of such bonds as any resolution providing for the issuance of any bonds and not in violation of law.
19. It shall be lawful for any bank or trust company incorporated under the laws of the State which may act as depositary of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the County. Any such trust agreement may set forth the rights and remedies of the holders of the bonds and of the trustee or trustees, and may restrict the individual right of action by such holders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the state agency may deem reasonable and proper for the security of such holders.
20. All moneys received pursuant to the authority of this act, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied, notwithstanding any other provision to the contrary, solely as provided in this act. Any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such requirements as are provided in this act and the resolution authorizing the bonds of any issue or the trust agreement securing such bonds.
Sec. 7. Revenue bonds authorized to be issued hereunder shall be special obligations of the County and shall be payable solely from the net revenues to be derived from the operation of the Recreational Facilities and the net revenues from the License Taxes, and may be secured by a pledge of all or a specified part of said net revenues (subject to any prior pledges). Each such revenue bond shall recite in substance that the principal thereof and the interest thereon are payable from the revenues pledged to the payment thereof and that the bond does not constitute a debt of the County within the meaning of any constitutional, statutory or charter limitations.
Sec. 8. In order to insure the payment of the bonds, the Board shall establish and maintain, and the Board from time to time may revise, or cause to be revised on a uniform basis within reasonable classification and on an equitable basis, a schedule or schedules of fees, rates and charges for services or facilities, or both services and facilities, rendered by or through the Recreational Facilities, or a schedule or schedules of License Taxes, or a schedule or schedules of both such revenues derived from the operation of the Recreational Facilities and from the License Taxes, in an amount sufficient to pay the reasonable costs of operation and maintenance of the Recreational Facilities or the reasonable costs of the collection of the License Taxes, or both such costs, to pay the principal of and interest on the bonds as the same become due, to accumulate and maintain any funds with respect to the Recreational Facilities for major repairs, renewals, replacements, or maintenance items of a type not recurring annually or at shorter intervals and not defrayed as costs of operation and maintenance, to accumulate and maintain any funds as a reserve for any of said purposes, and to discharge any covenant appertaining thereto in the proceedings of the Board authorizing the issuance of any bonds, including without limitation any covenant for the maintenance of revenues in a designated amount or according to any stated formulae.
κ1965 Statutes of Nevada, Page 421 (CHAPTER 233, AB 340)κ
of the Board authorizing the issuance of any bonds, including without limitation any covenant for the maintenance of revenues in a designated amount or according to any stated formulae.
Sec. 9. Any resolution authorizing the issuance of bonds pursuant to this act and any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred thereby), in order to secure the payment of such bonds, in agreement with the holders and owners of such bonds, as to any one or more of the following:
1. Any service or use charges, and any License Taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including without limitation the enforcement of the collection of any revenues designated herein by civil action or by any other means now or hereafter provided by law, including but not limited to an action in the nature of a writ of mandamus or other suit, action or proceeding at law or in equity to compel the payment of delinquent revenues, the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of the Recreational Facilities, prohibition against free service, the collection of penalties and collection costs, including without limitation court costs and reasonable attorneys fees, and the use and disposition of any revenues of the County, derived or to be derived, from any source designated herein.
2. The improvement, extension, betterment, repair, and equipment of all or any part of the Recreational Facilities.
3. The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any bonds or of operation and maintenance expenses of the Recreational Facilities, or part thereof, or any of the other purposes provided in section 8 of this act, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.
4. A fair and reasonable payment by the County from its general fund or other available moneys to the account of the Recreational Facilities for any facilities or commodities furnished or services rendered thereby to the County or any of its departments, boards or agencies
5. The purpose or purposes to which the proceeds of the sale of bonds may be applied, and the custody, security, use, expenditure, application and disposition thereof.
6. The payment of the principal of and interest on any bonds, and the sources and methods thereof, the rank or priority of any bonds as to any lien or security for payment, or the acceleration of any maturity of any bonds, or the issuance of other or additional bonds payable from or constituting a charge against or lien upon any revenues pledged for the payment of bonds and the creation of future liens and encumbrances thereagainst, and limitations thereon (subject to the provisions of subsection 16 of section 6 of this act).
7. The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues herein designated of the County.
κ1965 Statutes of Nevada, Page 422 (CHAPTER 233, AB 340)κ
8. The determination or definition of revenues from the Recreational Facilities and License Taxes or of the expenses of operation and maintenance of the Recreational Facilities, the costs of collecting the License Taxes, the use and disposition of such revenues and the manner of and limitations upon paying such expenses and costs.
9. The insurance to be carried by the County and use and disposition of insurance moneys, the acquisition of completion or surety bonds appertaining to the Recreational Facilities or funds appertaining thereto and to the License Taxes or both types of such bonds, and the use and disposition of any proceeds of such securities.
10. Books of account, the inspection and audit thereof, and other records appertaining to the Recreational Facilities and the License Taxes.
11. The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of the Recreational Facilities or any bonds having or which may have a lien on any part of any revenues of the County.
12. Limitations on the powers of the County to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with the Recreational Facilities.
13. The vesting in a corporate or other trustee or trustees such property rights, powers and duties in trust as the County may determine which may include any or all of the rights, powers and duties of the trustee appointed by the holders of bonds, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
14. The payment of costs or expenses incident to the enforcement of the bonds or of the provisions of the resolution or of any covenant or contract with the holders of the bonds.
15. Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising from the breach by the County of any covenants, conditions or obligations.
16. The terms and conditions upon which the holders of the bonds or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby.
17. The terms and conditions upon which the holders of the bonds or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the Recreational Facilities, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom and from the License Taxes in the same manner as the County itself might do.
18. A procedure by which the terms of any resolution authorizing the bonds, or any other contract with any holders of bonds, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given.
κ1965 Statutes of Nevada, Page 423 (CHAPTER 233, AB 340)κ
19. 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 declaration and its consequences may be waived.
20. All such acts and things as may be necessary or convenient or desirable in order to secure the Countys bonds, or in the discretion of the Board tend to make the bonds more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the County power to do all things in the issuance of bonds and for their security except as herein specifically limited.
Sec. 10. 1. Subject to any contractual limitations binding upon the holders of any issue or series of bonds, or trustee therefor, including but not limited to any restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, any holder of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated:
(a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the County, any municipality assigning license taxes for use and pledge hereunder, the Board, the board of county commissioners and the city council or other governing body of any such municipality, and any of the officers, agents and employees thereof, and to require and compel the County, any such municipality or any such governing body or any such officers, agents or employees, to perform and carry out its and their duties, obligations or other commitments under this act and its and their covenants and agreements with the bondholders;
(b) By action or suit in equity to require the County, any such municipality and any such governing body to account as if they were the trustee of an express trust;
(c) By action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any revenues which are pledged wholly or in part for the payment of the bonds, prescribe sufficient tolls, fees, rates, rentals, charges, and license taxes, and collect, receive and apply all revenues or other moneys pledged for the payment of the bonds in the same manner as the County and each such municipality might do;
(d) By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders; and
(e) Bring suit upon the bonds.
2. In any suit, action or proceedings by any trustee or receiver, the fees, counsel fees and expenses of any trustee and any receiver shall constitute disbursements which shall be a first charge on any revenues derived from the operation of the Recreational Facilities and any revenues, except reasonable costs of collection, derived from the License Taxes assigned for use and pledge hereunder.
3. No right or remedy conferred upon any holder of any bond or any coupon appertaining thereto or any trustee for the holder by this act or by any proceedings appertaining to the issuance of the bond or coupon is exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this act or by any other law.
κ1965 Statutes of Nevada, Page 424 (CHAPTER 233, AB 340)κ
right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this act or by any other law.
4. The failure of any holder of any bond or coupon so to proceed as provided in this act or in such proceedings shall not relieve the County, each such municipality, each such governing body and each of the officers, agents and employees thereof, of any liability for failure to perform or carry out any duty, obligation or other commitment.
Sec. 11. 1. Before the Board shall cause to be delivered bonds hereunder, all such bonds shall be registered by the county treasurer in a book kept in his office for that purpose.
2. The register shall show:
(a) The amount of the bonds;
(b) The time of payment; and
(c) The rate or rates of interest which the bonds bear.
3. After registration by the county treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the County, upon payment being made therefor on the terms of the same or sales.
Sec. 12. Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word Paid, together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall subsequently be filed with the county clerks records. The county auditor shall credit the county treasurer on his books for the amount so paid.
Sec. 13. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 14. 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. 15. The facilities acquired pursuant to the terms of this act shall constitute a part of the Recreational Facilities under the jurisdiction and control of the Board. Except as otherwise provided in this act, the provisions of NRS 244.640 to 244.755, inclusive, appertain to the facilities acquired as the Project herein authorized.
Sec. 16. In connection with the Project, the Board, on behalf of and in the name of the County, in addition to, and not in limitation of, powers elsewhere conferred thereon, is hereby authorized, without the necessity of an election, hearing, referendum or other further preliminaries not provided herein:
1. To deposit as special County funds any moneys of the County appertaining to the Recreational Facilities or the License Taxes, or both, in any banking institution within or without the State and secured in such manner and subject to such terms and conditions as the Board may determine, with or without the payment of any interest on any such deposit; and to invest any surplus money in the County treasury, under the jurisdiction of the Board, including such money in any sinking or reserve fund established for the purpose of retiring any bonds issued hereunder, not required for the immediate necessities of the Recreational Facilities, in the States general obligations or in treasury bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of the United States, or which securities are unconditionally guaranteed thereby, both as to principal and interest, and such investment may be made by direct purchase of any issue of such bonds or other securities, or parts thereof, at the original sale of the same, or by the subsequent purchase of such bonds or other securities.
κ1965 Statutes of Nevada, Page 425 (CHAPTER 233, AB 340)κ
any such deposit; and to invest any surplus money in the County treasury, under the jurisdiction of the Board, including such money in any sinking or reserve fund established for the purpose of retiring any bonds issued hereunder, not required for the immediate necessities of the Recreational Facilities, in the States general obligations or in treasury bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of the United States, or which securities are unconditionally guaranteed thereby, both as to principal and interest, and such investment may be made by direct purchase of any issue of such bonds or other securities, or parts thereof, at the original sale of the same, or by the subsequent purchase of such bonds or other securities. Any bonds or other securities thus purchased and held may, from time to time, be sold and the proceeds reinvested in bonds or other securities, as provided in this subsection. Sales of any bonds or other securities thus purchased and held shall, from time to time, be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds or other securities were originally purchased was placed in said special funds.
2. To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, the Project.
3. To hire and retain independent contractors, agents and employees, including but not limited to engineers, architects, fiscal agents, attorneys at law, and any other persons necessary or desirable to effect the purposes of this act; and to prescribe their compensation, duties and other terms of employment.
4. To make and keep records in connection with the Project or any part thereof.
5. To arbitrate any differences arising in connection with the Project.
6. To commence, defend, conduct, terminate by settlement or otherwise, and otherwise participate in any litigation or other court, judicial or quasi-judicial action, either at law or in equity, by suit, action, mandamus or other proceedings, concerning the Project, or any part thereof, or in any manner appertaining thereto.
7. To use for or in connection with the Project moneys, land and other real and personal property legally available therefor of the County not originally acquired therefor.
8. To exercise all or any part or combination of the powers granted in this act, and, except as otherwise provided in this act, granted in NRS 244.640 to 244.755, inclusive.
9. To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of this act; and to have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act. Such specific powers shall not be considered as a limitation upon any power necessary, convenient, desirable or appropriate to carry out the purposes and intent of this act.
Sec. 17. The exercise of any power herein authorized by the Board upon behalf of the County has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.
κ1965 Statutes of Nevada, Page 426 (CHAPTER 233, AB 340)κ
declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.
Sec. 18. This act being necessary to secure and preserve the public health, safety, convenience and welfare, shall be liberally construed to effect its purpose.
Sec. 19. 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 concerning the borrowing of money to finance the Project wholly or in part and the issuance of bonds or other securities to evidence such loans.
2. No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted 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, except as herein otherwise provided.
3. 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 County acting by and through the Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done, except as herein otherwise provided.
4. 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.
5. Nothing contained in this act shall be construed as preventing the exercise of any power granted to the County, acting by and through the Board, or any officer, agent or employee thereof, by any other law, except as herein otherwise provided.
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. 20. 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. 21. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 427κ
Assembly Bill No. 465Mr. Knisley
CHAPTER 234
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Pershing County, Nevada; empowering the board of county commissioners of Pershing County, Nevada, to authorize the employment of deputies, clerks and assistants by county officers and providing for the allowance of compensation for such employment; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto, approved April 10, 1963.
[Approved March 29, 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 309, Statutes of Nevada 1963, at page 569, is hereby amended to read as follows:
Section 1. The compensation of the respective officers of Pershing County, Nevada, herein designated, is hereby fixed as follows, and shall be allowed, audited and paid monthly:
The county commissioners shall each receive a salary of [$2,400] $2,700 per annum, and mileage.
The county clerk, as such, and as ex officio county treasurer, shall receive a salary of [$6,600] $7,200 per annum.
The sheriff shall receive a salary of [$6,600] $7,200 per annum.
The county assessor shall receive a salary of [$6,600] $7,200 per annum.
The county recorder, as such, and as ex officio county auditor, shall receive a salary of [$6,600] $7,200 per annum.
The district attorney shall receive a salary of [$6,600] $7,200 per annum.
The board of county commissioners of Pershing County is hereby authorized and directed to allow such compensation as may be necessary for the payment of such deputies, clerks and assistants as the board of county commissioners may from time to time authorize in the offices of the county clerk and county treasurer, county recorder and county auditor, sheriff, county assessor and district attorney, respectively, and such compensation shall be allowed and paid as other claims against the county.
Sec. 2. This act shall become effective on the 1st Monday of January 1967.
________
κ1965 Statutes of Nevada, Page 428κ
Assembly Bill No. 568Committee on State, County and City Affairs
CHAPTER 235
AN ACT to amend the title of and to amend an act entitled An Act supplementary to and amendatory of an act entitled An act to incorporate Carson City, approved February 25, 1875, as amended, providing for an election by the qualified voters of Carson City to determine whether certain county officers shall be ex officio officers of such city, prescribing the duties of the board of city trustees relative thereto, and providing the duties of the ex officio officers and other matters connected therewith, approved March 23, 1951, as amended.
[Approved March 29, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 319, Statutes of Nevada 1951, as last amended by chapter 154, Statutes of Nevada 1960, at page 231, is hereby amended to read as follows:
Section 2. [That notwithstanding] 1. Notwithstanding any other provision of law and/or of the Carson City charter as it now exists, from and after the first day of July 1951, subject always to the result of the election hereinafter provided, the following Ormsby county officers and officers of Carson township shall be and become ex officio officers of the incorporated city of Carson City:
(a) The county clerk and ex officio county treasurer shall be ex officio city clerk and city treasurer of [said] Carson City at a salary of [$200] not to exceed $300 per month.
(b) The county recorder and ex officio county auditor shall be ex officio auditor of [said] Carson City at a salary of [$100] not to exceed $300 per month.
(c) The county sheriff shall be ex officio city marshal of [said] Carson City at a salary of [$200] not to exceed $300 per month.
(d) The district attorney shall be ex officio city attorney at a salary of [$200] not to exceed $300 per month.
(e) The justice of the peace of Carson township, county of Ormsby, shall be ex officio city recorder of [said] Carson City at a salary of [$100] not to exceed $300 per month.
2. The city council of the city of Carson City shall fix the salaries of the officers enumerated in subsection 1 within the limits therein specified.
Sec. 2. Section 3 of the above-entitled act, being chapter 319, Statutes of Nevada 1951, at page 526, is hereby amended to read as follows:
Section 3. Each [said] such county officer upon becoming ex officio city officer shall perform the duties of such city office as is now provided in the charter of Carson City, and in such ordinances as the [board of trustees] city council of [said] the city may have enacted or may hereafter enact relating thereto.
Sec. 3. Section 4 of the above-entitled act, being chapter 319, Statutes of Nevada 1951, at page 526, is hereby amended to read as follows:
Section 4. Each county officer as ex officio city officer shall furnish the city of Carson City a good and sufficient bond for the faithful performance of his or her duties as such ex officio officer, in such principal sum as the [board of trustees] city council may require.
κ1965 Statutes of Nevada, Page 429 (CHAPTER 235, AB 568)κ
the city of Carson City a good and sufficient bond for the faithful performance of his or her duties as such ex officio officer, in such principal sum as the [board of trustees] city council may require.
Sec. 4. Section 5 of the above-entitled act, being chapter 319, Statutes of Nevada 1951, as amended by chapter 181, Statutes of Nevada 1953, at page 212, is hereby amended to read as follows:
Section 5. It shall be the duty of the [board of trustees] city council of the city of Carson City in the event this act shall become effective and in force, to pay salaries to each ex officio officer as in this act provided.
Such salaries and compensation shall be paid from city funds and shall be in addition to county salaries and compensation paid to such officers for the performance of their official duties for the state and county.
Sec. 5. Section 6 of the above-entitled act, being chapter 319, Statutes of Nevada 1951, at page 526, is hereby amended to read as follows:
Section 6. (a) Upon the passage and approval of this act it shall be the duty of the [board of trustees] city council of the city of Carson City to give notice by publication in a newspaper published in [said] Carson City, at least once a week for four successive weeks immediately preceding the next municipal election to be held in Carson City on the first Monday in May 1951, that at such election there will be placed upon the official ballot the proposition for the consolidation of the hereinabove mentioned county and city offices, in substantially the following term:
Shall the offices of county clerk and treasurer, county recorder and auditor, county sheriff and assessor, district attorney, and county surveyor, be constituted also, respectively, ex officio city clerk and treasurer, ex officio city recorder and auditor, ex officio city marshal and assessor, ex officio city attorney, and ex officio city surveyor and engineer in and for Carson City: Yes............ No...............
(b) If a majority of the votes cast at the election is in favor of the consolidation of [said] such offices, the [board of city trustees] city council shall cause the transfer of all books, records and documents of the respective city officers to the newly created ex officio officers, and shall cause to be done all acts and things necessary to make this act effective, on or before July 1, 1951; provided, the new ex officio officers may remove or cause to be removed all such books, records and documents to their respective offices in the Ormsby County courthouse and thereafter transact all public city business pertaining to their offices in such courthouse.
Sec. 6. The title of the above-entitled act, being chapter 319, Statutes of Nevada 1951, at page 525, is hereby amended to read as follows:
An Act supplementary to and amendatory of an act entitled An act to incorporate Carson City, approved February 25, 1875, as amended, providing for an election by the qualified voters of Carson City to determine whether certain county officers shall be ex officio officers of such city, prescribing the duties of the [board of city trustees] city council relative thereto, and providing the duties of the ex officio officers and other matters connected therewith.
________
κ1965 Statutes of Nevada, Page 430κ
Assembly Bill No. 205Committee on State Institutions and Libraries
CHAPTER 236
AN ACT to amend NRS sections 379.142 and 379.144, relating to regional libraries, by adding to the definition of political subdivision and enabling a political subdivision to transfer only those funds collected for regional library operation, in accordance with a joint agreement.
[Approved March 30, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 379.142 is hereby amended to read as follows:
379.142 As used in NRS 379.142 to 379.146, inclusive, political subdivision means county, city, town, or county library district [.] , or legally established libraries therein.
Sec. 2. NRS 379.144 is hereby amended to read as follows:
379.144 The treasurer or other fiscal officer of the other participating political subdivisions shall transfer to the treasurer of the regional library all moneys collected for regional public library purposes in their respective political subdivisions [.] , in accordance with a joint agreement.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 10Senator Slattery
CHAPTER 237
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Storey County, Nevada, and regulating the employment and compensation of deputies and other employees of such offices, and repealing all acts and parts of acts in conflict herewith, approved March 12, 1957, as amended.
[Approved March 30, 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 75, Statutes of Nevada 1957, at page 107, is hereby amended to read as follows:
Section 1. The county officers of Storey County, Nevada, their deputies and such other employees as are named in this act shall receive the following salaries to be fixed by the board of county commissioners within the minimum and maximum amounts hereinafter set forth in this act in full compensation for all services rendered by them.
Sec. 2. Section 2 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as amended by chapter 230, Statutes of Nevada 1959, at page 271, is hereby amended to read as follows:
Section 2. The district attorney of Storey County, Nevada, shall receive a salary of [$5,700] not less than $5,950 or more than $6,300 per annum for all his services as such officer.
κ1965 Statutes of Nevada, Page 431 (CHAPTER 237, SB 10)κ
per annum for all his services as such officer. In case of emergency he may, with the [unanimous] consent of the board of county commissioners, employ one deputy who shall receive a salary [in an amount not to exceed $425] of not less than $425 or more than $475 per month. In case of emergency he may, with the [unanimous] consent of the board of county commissioners, employ one person to act as his secretary, such secretary to serve only as long as the emergency may continue and to be paid at [the rate of $15 per day, but not to exceed $425 per month for services performed in any one month by such secretary.] a daily rate fixed by the board of county commissioners.
Sec. 3. Section 3 of the above-entitled act, being chapter 75, Statutes of Nevada 1959, at page 271, is hereby amended to read as follows:
Section 3. [The sheriff, for services as such and as ex officio assessor, shall receive $5,700 per annum. He shall be allowed to appoint one deputy who shall receive a salary of $425 per month, and he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature. In cases of emergency and when the board of county commissioners deems it necessary the sheriff may, with the unanimous consent and approval of the board of county commissioners, appoint one or more deputies, such deputy or deputies to serve only as long as the emergency may continue and to be paid at the rate of $15 per day, but not to exceed $425 per month for services performed in any one month by such deputy.] 1. The sheriff for services as such and chief of police of all the unincorporated towns within Storey County, Nevada, shall receive a salary of not less than $5,950 or more than $6,300 per annum.
2. The sheriff shall act as chief of police of all the unincorporated towns within Storey County, Nevada, without additional compensation as provided herein, and notwithstanding the provisions of NRS 269.235 or any other statute, the board of county commissioners shall not appoint a chief of police for such unincorporated towns.
3. The sheriff shall be allowed to appoint one deputy who shall receive a salary of not less than $425 or more than $475 per month, and he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature. With the consent and approval of the board of county commissioners, the sheriff may appoint additional deputies whose compensation shall be fixed by the board of county commissioners.
Sec. 4. The above-entitled act, being chapter 75, Statutes of Nevada 1957, at page 107, is hereby amended by adding thereto a new section to be designated as section 3.5, which shall immediately follow section 3 and shall read as follows:
Section 3.5. On and after July 1, 1965, the county assessor shall receive a salary of not less than $5,950 or more than $6,300 per annum for all his services as such officer. With the approval of the board of county commissioners, the county assessor may appoint clerical assistants whose compensation shall be fixed by the board of county commissioners. The county assessor shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature.
κ1965 Statutes of Nevada, Page 432 (CHAPTER 237, SB 10)κ
Sec. 5. Section 4 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as amended by chapter 230, Statutes of Nevada 1959, at page 271, is hereby amended to read as follows:
Section 4. The county recorder, for services as such and as ex officio auditor, shall receive a salary of [$5,700] not less than $5,950 or more than $6,300 per annum. He shall be allowed to appoint one deputy at a salary [not to exceed $425] of not less than $425 or more than $475 per month; but in the case of emergency and when the board of county commissioners deems it necessary the county recorder and ex officio auditor may, with the [unanimous] consent and approval of the board of county commissioners, appoint one or more deputies, such deputy to deputies to serve only as long as the emergency may continue and to be paid at [the rate of $15 per day, but not to exceed $425 per month for services performed in any one month by such deputy.] a daily rate to be fixed by the board of county commissioners. The recorder and ex officio auditor shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 6. Section 5 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as amended by chapter 230, Statutes of Nevada 1959, at page 272, is hereby amended to read as follows:
Section 5. The county clerk, for services as such and as ex officio treasurer clerk of the district court, and clerk of the board of county commissioners, shall receive a salary of [$5,700] not less than $5,950 or more than $6,300 per annum, which shall be in full compensation for all services rendered. He shall be allowed to appoint one deputy who shall receive a salary of [$425] not less than $425 or more than $475 per month. In case of emergency and when the board of county commissioners deems it necessary, the clerk may, with the [unanimous] consent and approval of the board of county commissioners, appoint one or more deputies, such deputy or deputies to serve only as long as the emergency may continue and to be paid at [the rate of $15 per day, but not to exceed $425 per month for services performed in any one month by such deputy.] a daily rate to be fixed by the board of county commissioners. The clerk and ex officio treasurer shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 7. Section 6 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as amended by chapter 230, Statutes of Nevada 1959, at page 272, is hereby amended to read as follows:
Section 6. The county commissioners of Storey County, Nevada, shall each receive the sum of: [$1,500]
1. $1,750 per annum [,] until July 1, 1966, which shall be in full compensation for all services whatsoever required of such commissioners.
2. $2,000 per annum on and after July 1, 1966, which shall be in full compensation for all services whatsoever required of such commissioners.
Sec. 8. Notwithstanding the provisions of any other law, this act shall become effective on July 1, 1965. Nothing in this act shall be construed to have been repealed expressly or impliedly by the enactment of any other statute by the 53d session of the legislature which, by its terms, prohibits the increase of salary of any elective officer of a political subdivision of this state during his term of office.
κ1965 Statutes of Nevada, Page 433 (CHAPTER 237, SB 10)κ
of any other statute by the 53d session of the legislature which, by its terms, prohibits the increase of salary of any elective officer of a political subdivision of this state during his term of office.
________
Senate Bill No. 27Senator Lamb
CHAPTER 238
AN ACT to amend chapter 583 of NRS, relating to meat, fish, produce, poultry and eggs, by adding a new section requiring retail sellers of foreign-produced meats to label such meat as foreign produced, and providing a penalty; to amend NRS section 585.350, relating to misbranded food, by providing that foreign-produced meat is misbranded if not labeled as such; and providing other matters properly relating thereto.
[Approved March 30, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 583 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No person or corporation may sell or offer for sale to a consumer through a meat market, store or otherwise any meats, either fresh or frozen, which are products of any country foreign to the United States, without first indicating such fact by labels or brands on each quarter, half or whole carcass of such meat, and on each counter display containing any of the above-described products, naming the country of its origin. Any person violating any of the provisions of this section is guilty of a misdemeanor.
Sec. 2. NRS 585.350 is hereby amended to read as follows:
585.350 A food shall be deemed to be misbranded:
1. If its labeling is false or misleading in any particular.
2. If it is offered for sale under the name of another food.
3. If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word Imitation, and immediately thereafter the name of the food imitated.
4. If its container is so made, formed or filled as to be misleading.
5. If it is not labeled as required by section 1 of this amendatory act.
6. If in package form, unless it bears a label containing:
(a) The name and place of business of the manufacturer, packer or distributor.
(b) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count; but under this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulation prescribed by the commissioner.
[6.] 7. If it purports to be or is represented as a food for which a definition and standard of identity, quality and fill of container has been prescribed, unless it conforms to such standards of identity, quality and fill.
[7.] 8. If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the commissioner determines to be, and by regulations prescribes as, necessary in order to inform purchasers fully as to its value for such uses.
κ1965 Statutes of Nevada, Page 434 (CHAPTER 238, SB 27)κ
mineral and other dietary properties as the commissioner determines to be, and by regulations prescribes as, necessary in order to inform purchasers fully as to its value for such uses.
[8.] 9. If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; but the provisions of this subsection with respect to artificial color shall not apply in the case of butter, cheese or ice cream.
________
Senate Bill No. 230Committee on Judiciary
CHAPTER 239
AN ACT to amend NRS sections 176.190, 213.110 and 213.120, relating to paroles, by allowing parole of a prisoner whose minimum term of imprisonment is more than 1 year at any time after expiration of one-third of such term, if he has served not less than 1 year; to amend chapter 213 of NRS, relating to pardons and paroles, by adding new sections authorizing the release of certain prisoners on parole at the request of appropriate authorities of other jurisdictions for prosecution of certain crimes; enumerating specified felonies where the parole of prisoners following expiration of one-third of minimum terms is not authorized; and providing other matters properly relating thereto.
[Approved March 30, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.190 is hereby amended to read as follows:
176.190 The state board of parole commissioners may [, at any time after the expiration of the minimum term of imprisonment for which any prisoner was committed thereto,] direct that any prisoner confined in the state prison shall be released on parole [upon such terms and conditions as in their judgment they may prescribe in each case.] as provided in chapter 213 of NRS, if eligible for parole under the provisions of such chapter.
Sec. 2. NRS 213.110 is hereby amended to read as follows:
213.110 1. [The] Subject to the provisions of NRS 213.120, the board shall have power to establish rules and regulations under which any prisoner who is now or hereafter may be imprisoned in the state prison and who shall have served 1 calendar year, less good time credits, of the term for which he was sentenced and who has not previously been more than three times convicted of a felony and served a term in a penal institution, or who is imprisoned in a county jail, may be allowed to go upon parole outside of the buildings or inclosures, but to remain, while on parole, in the legal custody and under the control of the board and subject at any time to be taken within the inclosure of the state prison or county jail.
2. The board, for good cause and in order to permit induction into the military service of the United States, may suspend paroles during the period of the parolees active service after induction into the military service.
Sec. 3. NRS 213.120 is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 435 (CHAPTER 239, SB 230)κ
213.120 1. No prisoner imprisoned under a verdict or judgment and sentence of life imprisonment without possibility of parole shall be eligible for parole.
2. No prisoner imprisoned under a verdict or judgment and sentence of life imprisonment shall be paroled until he has served at least 7 calendar years.
3. No prisoner imprisoned under a verdict or judgment and sentence of imprisonment for a term less than life pursuant to a statute which provides that the sentence shall be served without possibility of parole shall be eligible for parole.
4. No prisoner may be paroled until he has served the minimum term of imprisonment provided by law for the offense of which he was convicted, except that any prisoner whose minimum term of imprisonment is more than 1 year, other than a prisoner who has been sentenced for rape to a term of not less than 5 years which may extend to life, may be paroled at any time after the expiration of one-third of such minimum term, less good time credits, if he has served not less than 1 calendar year, less good time credits.
Sec. 4. Chapter 213 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding the provisions of any other law, any prisoner may be released conditionally on parole at the request of the appropriate authority of another jurisdiction for prosecution for any crime of a magnitude equal to or greater than that for which he was imprisoned, as determined by the severity of the sentences for the two crimes. If after such conditional parole and prosecution by another jurisdiction such prisoner is found not guilty of the crime as charged he shall, pursuant to the boards written order, be returned to the actual custody of the warden of the Nevada state prison and shall serve such part of the unexpired term of his original sentence as may be determined by the board.
Sec. 5. Chapter 213 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The provisions of subsection 4 of NRS 213.120 allowing parole of any prisoner whose minimum term of imprisonment is more than 1 year after the expiration of one-third of such minimum term do not apply to the following felonies:
1. Treason and misprision of treason under NRS 196.010 and 196.030.
2. Bribery under NRS 197.010 to 197.060, inclusive, 199.010 to 199.030, inclusive, 199.240, 199.250, 218.590 and 218.600.
3. Fraudulent appropriation of property by a public officer under NRS 197.210.
4. Misconduct of officer drawing jury under NRS 199.060.
5. Rescuing a felony prisoner under NRS 199.100.
6. Perjury and subornation of perjury under NRS 199.120 to 199.140, inclusive, 199.160 and 213.170.
7. Compounding a felony under NRS 199.290.
8. Offering false evidence under NRS 199.210.
9. Malicious prosecution of a felony under NRS 199.310.
κ1965 Statutes of Nevada, Page 436 (CHAPTER 239, SB 230)κ
10. Fraudulent pretenses concerning parentage of child under NRS 199.350.
11. Substitution of child under NRS 199.370.
12. Murder in the first degree under NRS 200.030.
13. Voluntary and involuntary manslaughter under NRS 200.080 and 200.090.
14. Mayhem under NRS 200.280.
15. Kidnaping in the first degree under NRS 200.310.
16. Aiding or abetting kidnaping in the second degree under NRS 200.340.
17. Rape where the sentence is death under NRS 200.360.
18. Assault with intent to commit rape where the sentence is death under NRS 200.400.
19. Assault with intent to kill or commit sodomy, mayhem, robbery or grand larceny under NRS 200.400.
20. Assault with a deadly weapon under NRS 200.400.
21. Dueling resulting in death under NRS 200.410.
22. Fighting by agreement and resulting in death under NRS 200.450.
23. Assault and battery accompanied by intimidation with a deadly weapon under NRS 200.470.
24. Libel under NRS 200.510.
25. Interception of private communications under NRS 200.610 to 200.680, inclusive.
26. Abortion under NRS 201.120.
27. Bigamy under NRS 201.160.
28. Marrying a married person under NRS 201.170.
29. Incest under NRS 201.180.
30. Sodomy under NRS 201.190.
31. Placing female in house of prostitution under NRS 201.360.
32. Setting deadly trap or weapon under NRS 202.250.
33. Manufacture of machines for destruction of property under NRS 202.260.
34. Destruction of building by explosives under NRS 202.270.
35. Dangerous and concealed weapons under NRS 202.350 and 202.360.
36. Tear gas bombs and cartridges under NRS 202.380 and 202.390.
37. Aiding or abetting suicide under NRS 202.490.
38. Criminal anarchy under NRS 203.130 and 203.140.
39. Criminal syndicalism under NRS 203.170 and 203.180.
40. Unlawful use of state money under NRS 204.020.
41. False accounts and misappropriation by public officials under NRS 204.030 and 204.050.
42. Arson in the second and third degrees under NRS 205.015 and 205.020.
43. Aiding or abetting burning to defraud insurer under NRS 205.030.
44. Burglary in the first and second degrees under NRS 205.060.
45. Forgery under NRS 205.090 to 205.120, inclusive, and 205.160.
46. Insufficient funds checks under NRS 205.130.
47. Counterfeiting under NRS 205.135 to 205.155, inclusive and 205.175 to 205.190, inclusive.
κ1965 Statutes of Nevada, Page 437 (CHAPTER 239, SB 230)κ
48. Grand larceny under NRS 205.225 and 205.235.
49. Taking property from the person of another under NRS 205.273.
50. Vehicle theft under NRS 205.272.
51. Receiving or transferring stolen vehicle under NRS 205.273.
52. Receiving stolen goods under NRS 205.275.
53. Embezzlement under NRS 205.300.
54. Extortion under NRS 205.320.
55. Selling real property a second time under NRS 205.365.
56. Obtaining money or property by false pretenses under NRS 205.380.
57. False insurance and indemnity claims under NRS 205.385.
58. Obtaining signature by false pretenses under NRS 205.390.
59. Fraudulent issue of stock under NRS 205.435.
60. Impersonating another to receive money or property under NRS 205.455.
61. Destruction of property by unlawful assembly under NRS 206.010.
62. Fraudulent destruction of writing under NRS 206.260.
63. False signals endangering cars, vehicles or vessels under NRS 206.300.
64. Habitual criminals with three previous convictions under NRS 207.010.
65. Annoyance or molestation of minor under 18 years under NRS 207.260.
66. Attempts to commit felonies under NRS 208.070.
67. Escape of prisoner causing death under NRS 212.060.
68. Escape of felon under NRS 212.090.
69. Aiding escape of felon under NRS 212.100.
70. Custodian allowing prisoner to escape under NRS 212.110.
71. Concealing escape of felon under NRS 212.130.
72. Furnishing weapons, drugs or intoxicants to prisoners under NRS 212.160 and 212.170.
73. Injury to jail or prison under NRS 212.190.
74. Altering legislative measures under NRS 218.560 and 218.570.
75. Legislators interested in contracts with state under NRS 218.580.
76. Second and subsequent offenses by users of narcotics under NRS 453.210.
77. First and subsequent offenses by suppliers of narcotics under NRS 453.210.
78. First and subsequent offenses by suppliers of suppliers of narcotics under NRS 453.210.
79. All other felonies for which the sentence is death or imprisonment for life with or without possibility of parole.
80. All other felonies for which the sentence is less than life imprisonment and without possibility of parole.
81. All other felonies for which there is no minimum sentence or a minimum sentence of 1 year or less.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 438κ
Assembly Bill No. 574Mr. Gibson
CHAPTER 240
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]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
ARTICLE I
preliminary provisions
Section 1. Definitions. As used in this charter, unless the context otherwise requires:
1. Charter means and is synonymous with act.
2. City means the city of Henderson, Nevada.
3. Council means the city council of the city of Henderson, Nevada.
4. Councilman refers to each member of the city council including the mayor, except where otherwise specifically designated.
5. Person includes a company, partnership, association or corporation as well as a natural person.
Sec. 2. Tense and number of words. In construing the provisions of this charter, save when otherwise plainly declared or clearly apparent from the context:
1. Words in the present tense shall include the future tense.
2. Words in the masculine shall include the feminine and neuter genders.
3. Words in the singular shall include the plural, and in the plural shall include the singular.
Sec. 3. Rule of construction; judicial notice. 1. Every provision of this charter shall be construed according to the fair import of its terms.
2. This charter shall be deemed a public act and may be read in evidence without further proof, and judicial notice shall be taken thereof in all courts.
κ1965 Statutes of Nevada, Page 439 (CHAPTER 240, AB 574)κ
ARTICLE II
reorganization and reincorporation of the city
Sec. 4. Legislative declaration.
1. The legislature as guardian of the public interests, has the exclusive and virtually unrestrained control over incorporated cities within the state, and since it may create it may modify or destroy as public exigency requires or recommends.
2. The city of Henderson, Nevada, a creature of the state, was established by authority of the legislature for the purposes of administration of local affairs of government in June 1953, pursuant to the provisions of chapter 125, Statutes of Nevada 1907, as amended, subsequently reenacted as chapter 266 of NRS.
3. The legislature finds that:
(a) Urban problems today more than ever before challenge imagination and require courage to attain the goal of efficient, economical and progressive municipal government; and
(b) The enactment of this charter, reorganizing and reincorporating the city of Henderson, is necessary to produce a concise and workable legal framework for the government of the city of Henderson which will be responsive to the electorate and to the community.
4. The reorganized city of Henderson under the new charter will take in its new organization the place of the old one and will embrace substantially the same corporators and the same territory. The legislature intends:
(a) A continued existence of the same corporation, although different powers are possessed under the new charter and different officers administer its affairs.
(b) That the liabilities as well as the rights of property of the corporation in its old form shall accompany the corporation in its reorganization, and the identity and continuity of the city shall not be destroyed since the people and the territory so reincorporated constitute an integral part of the corporation abolished.
Sec. 5. Incorporation of city. After the effective date of this charter, for the uses and purposes stated in this charter, the inhabitants of that portion of Clark County, Nevada, embraced within the limits described in section 6, shall be and constitute a body politic and corporate, by the name and style of the city of Henderson and by that name and style they and their successors shall be known in law, have perpetual succession and may sue and be sued in all courts.
ARTICLE III
boundaries, wards and annexations
Sec. 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:
κ1965 Statutes of Nevada, Page 440 (CHAPTER 240, AB 574)κ
(a) Beginning at the northeast corner of section 4, T. 22 S., R. 63 E., M.D.B. & M., thence S. 0°09′ W., 5,516.28 feet to the northeast corner of section 9, T. 22 S., R. 63 E., thence S. 0°09′ W., 5,280.00 feet to the northeast corner of section 16, T. 22 S., R. 63 E.; thence S. 0°09′ W., 5,280.00 feet to the northeast corner of section 21, T. 22 S., R. 63 E.; thence S. 0°09′ 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. 22 S., R. 63 E.; thence S. 0°09′ W., 5,280.00 feet to the southeast corner of section 33; thence S. 89°49′ W., 5,280.00 feet to the southeast corner of section 32, T. 22 S., R. 63 E.; thence S. 89°49′ W., 5,280.00 feet to the southeast corner of section 31, T. 22 S., R. 63 E.; thence S. 89°49′ W., 5,214.00 feet to the southwest corner of section 31, T. 22 S., R. 63 E.; thence N. 0°21′ 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°30′ W., 5,278.68 feet to the southeast corner of section 23, T. 22 S., R. 62 E.; thence S. 89°41′ W., 5,247.00 feet to the southeast corner of section 22, T. 22 S., R. 62 E.; thence S. 89°58′ W., 5,254.26 feet to the southeast corner of section 21, T. 22 S., R. 62 E.; thence S. 89°40′ 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°40′ E., 5,243.04 feet to the northwest corner of section 23, T. 22 S., R. 62 E.; thence N. 89°23′ E., 5,252.94 feet to the northwest corner of section 24, T. 22 S., R. 62 E.; thence S. 89°32′40″ E., 2,627.46 feet to the south quarter section corner of section 13, T. 22 S., R. 62 E.; thence N. 0°05′03″ 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°08′23″ E. and along the right-of-way line, 4,507.06 feet to a point; thence N. 8°51′37″ 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°23′28″ W. and along the southwesterly right-of-way line, 1,993.26 feet to an angle point; thence N. 0°34′30″ E. and along such right-of-way line, 147.11 feet to an angle point; thence N. 42°23′28″ 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′38″ W., 1,491.60 feet to the southwest corner of the northwest quarter of the northeast quarter of section 12, T. 22 S., R. 62 E.; thence N. 0°53′32″ W., 1,317.22 feet to the northwest corner of the northwest quarter of the northeast quarter of section 12; thence N. 89°31′45″ 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°47′53″ 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°36′55″ 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′15″ W., 1,314.14 feet to the southwest corner of section 1, T. 22 S., R. 62 E.;
κ1965 Statutes of Nevada, Page 441 (CHAPTER 240, AB 574)κ
E.; thence S. 89°19′45″ W., 2,588.40 feet to the north quarter corner of section 11, T. 22 S., R. 62 E.; thence S. 89°22′15″ W., 2,581.00 feet to the northwest corner of section 11, T. 22 S., R. 62 E.; thence S. 89°14′30″ W., 5,190.95 feet to the northwest corner of section 10, T. 22 S., R. 62 E.; thence N. 89°56′ W., 5,283.96 feet to the southwest corner of section 4, T. 22 S., R. 62 E.; thence S. 0°01′ W., 2,662.44 feet to the east quarter section corner of section 8, T. 22 S., R. 62 E.; thence N. 88°41′ W., 1,354.08 feet to the northwest corner of the northeast quarter of the southeast quarter of section 8; thence S. 0°23′ E., 1,344.05 feet to the southeast corner of the northwest quarter of the southeast quarter of section 8; thence N. 88°24′ 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°11′ 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°56′ W., 5,251.43 feet to the southwest corner of the northwest quarter of the southwest quarter of section 12; thence N. 1°53′ E., 1,346.40 feet to the west quarter section corner of section 12; thence S. 89°57′ E., 5,206.41 feet to the east quarter section corner of section 12; thence N. 0°22′ 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°38′ W., 1,324.62 feet to the northwest corner of the southwest quarter of the southwest quarter of section 6; thence S. 87°27′ E., 1,310.35 feet to the southeast corner of the northwest quarter of the southwest quarter of section 6, thence N. 1°04′ W., 1,323.55 feet to the northwest corner of the northeast quarter of the southwest quarter of section 6; thence S. 87°23′ E., 1,346.07 feet to the center of section 6,; thence N. 1°08′ W., 1,322.31 feet to the northeast corner of the southeast quarter of the northwest quarter of section 6; thence S. 87°19′ E., 1,372.64 feet to the southwest corner of the northeast quarter of the northeast quarter of section 6; thence N. 0°04′ E., 1,304.32 feet to the northwest corner of the northeast quarter of the northeast quarter of section 6; thence S. 87°15′ E., 1,393.26 feet to the northwest corner of section 5, T. 22 S., R. 62 E.; thence N. 89°39′ E., 2,671.68 feet to the north quarter section corner of section 5; thence S. 89°57′ E., 2,703.36 feet to the northwest corner of section 4, T. 22 S., R. 62 E.; thence N. 89°42′ E., 2,670.36 feet to the north quarter section corner of section 4, thence N. 0°06′ 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°44′ E., 1339.47 feet to the northeast corner of the southwest quarter of the southeast quarter of section 33; thence S. 0°01′ 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°42′ E., 1,348.05 feet to the southwest corner of section 34, T. 21 S., R. 62 E., M.D.B. & M.; thence S. 89°50′ E., 2,714.58 feet to the north quarter corner of section 3, T. 22 S., R. 62 E.; thence N. 89°33′ E., 2,406.36 feet to the northwest corner of section 2, T. 22 S., R. 62 E.,; thence N. 89°33′ E., 2,406.36 feet to the north quarter section corner of section 2; thence S. 89°58′ E., 2,603.04 feet to the northwest corner of section 1, T. 22 S., R. 62 E.; thence N. 89°58′ E., 5,376.36 feet to the northeast corner of section 1, thence S. 0°19′ W., 2,653.86 feet to the east quarter section corner of section 1, thence S. 0°43′ W.,
κ1965 Statutes of Nevada, Page 442 (CHAPTER 240, AB 574)κ
2,777.94 feet to the northwest corner of section 7, T. 22 S., R. 63 E., M.D.B. & M.; thence S. 0°33′ W., 1,320.33 feet to the northwest corner of the southwest quarter of the northwest quarter of section 7, T. 22 S., R. 63 E., M.D.B. & M.; thence N. 89°49′ 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°08′ 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°55′ 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°50′ 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°42′ E., 2,636.70 feet to the north quarter section corner of section 4; thence N. 88°07′ E., 2,639.12 feet to the point of beginning.
(b) 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 date 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.
Sec. 7. Wards: Creation; boundaries.
1. Except as otherwise provided in section 262, the city shall be divided into four wards which shall be as near equal in registered voters as can be conveniently provided, and the territory comprising each ward shall be contiguous.
2. The boundaries of wards shall be:
(a) Established and changed by ordinance passed by a vote of a majority of the full council.
(b) Changed whenever the registered voters at the time of any municipal election in any ward exceeds the number of registered voters in any other ward by more than 20 percent, but the boundaries shall not be changed less than 30 days prior to the time fixed by statute when candidates may file affidavits of candidacy for a primary municipal election and shall not be changed in the time between a primary municipal election and a general municipal election.
κ1965 Statutes of Nevada, Page 443 (CHAPTER 240, AB 574)κ
3. Changes effected in ward boundaries pursuant to the provisions of this section shall not affect the right of any elected councilman to continue in office for the term for which he was elected.
Sec. 8. Annexations. Pursuant to law the boundaries of the city may be extended to include inhabitants, lands, tenements and property in addition to those specified in section 6.
ARTICLE IV
general powers of the city
Sec. 9. Construction. The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power stated in this article.
Sec. 10. Seal; property; eminent domain; gifts. The city may:
1. Have and use a common seal and alter the same at pleasure.
2. Purchase, receive, hold and enjoy real and personal property within or without the city, and sell, convey and dispose of the same for the common benefit.
3. Determine and declare what are public uses and what are the lands necessary to condemn, and when the necessity exists of condemning lands therefor.
4. Receive bequests, devises, gifts and donations of all kinds of property, within and without the city, in fee simple or in trust for charitable or other purposes and do any acts and things necessary to carry out the purposes of such bequests, devises, gifts and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequest, gift or trust.
Sec. 11. Corporate powers vested in council. Except as otherwise stated in this charter, the corporate powers of the city shall be vested in a city council. The mayor shall be a member of the council.
ARTICLE V
mayor
Sec. 12. Qualifications; election; term of office; salary; powers and duties.
1. The mayor shall be:
(a) An actual and bona fide resident of the city for a period of at least 3 years preceding his election.
(b) A registered voter of the city and a taxpayer on real property located within the city.
(c) Elected by the registered voters of the city.
(d) A member of the council.
2. The mayor shall:
(a) Serve for a term of 4 years from and after the date of his election and qualification, and until his successor is elected and qualified.
κ1965 Statutes of Nevada, Page 444 (CHAPTER 240, AB 574)κ
(b) Receive a salary prescribed by ordinance, which salary shall not be increased during his term of office.
(c) Preside at meetings of the council, but shall have no veto power.
(d) Be recognized as the head of the city government for all ceremonial purposes and by the governor for purposes of military law.
(e) Have no administrative duties.
(f) Perform such other duties as may be prescribed by ordinance.
Sec. 13. Mayor pro tempore.
1. At the beginning of each fiscal year the council shall elect from among its members a mayor pro tempore who shall act as mayor during the absence or disability of the mayor. If a vacancy occurs in the office of mayor, the mayor pro tempore shall become mayor for the remainder of the unexpired term or until the next general municipal election, whichever comes first, at which time a new mayor shall be elected. If the term of office of the councilman who was elected mayor pro tempore and subsequently became mayor because of a vacancy in that office does not expire upon the expiration of the mayors term or at the next general municipal election, whichever comes first, he shall resume his office as councilman for the balance of the term for which he was elected.
2. A vacancy on the council shall be filled by appointment by the council in the manner and for such time as is provided in section 15.
ARTICLE VI
city council
Sec. 14. Councilmen: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a city council consisting of the mayor and four councilmen.
2. Each councilman (except the mayor) shall be:
(a) An actual and bona fide resident of the city for a period of at least 3 years preceding his election.
(b) A registered voter within the ward which he represents and a taxpayer on real property located within the city.
(c) Except as provided in subsection 3 of section 7, a resident of the ward which he represents.
3. No person shall be eligible to be a candidate for the office of councilman unless on the last day fixed by law for filing his affidavit of candidacy for such office he is an actual and bona fide resident of the ward which he proposes to represent.
4. Each councilman shall:
(a) Be elected by the registered voters of the city for a term of 4 years and shall serve from and after the date of his election and qualification and until his successor is elected and qualified.
(b) Reside in the city during his term of office.
(c) Receive a salary prescribed by ordinance, which salary shall not be increased during his term of office.
κ1965 Statutes of Nevada, Page 445 (CHAPTER 240, AB 574)κ
Sec. 15. Vacancies on council.
1. A vacancy in the office of councilman shall be filled by appointment by a majority of the remaining members of the council within 30 days after the occurrence of such vacancy or after three regular or special meetings, whichever is the shorter period of time. The appointee shall have the qualifications required by section 14.
2. No such appointment shall extend beyond the next general municipal election, at which election a new councilman shall, if required pursuant to the provisions of this charter, be elected to fill the unexpired term.
Sec. 16. Time and place of meetings; rules. The council has the power to:
1. Fix the place of its meetings and the time for calling the same to order, and to judge of the qualifications and election of its own members.
2. Adopt rules for the government of its members and proceedings.
Sec. 17. Meetings; quorum.
1. The council shall hold at least two regular meetings each month and by ordinance may prescribe for the holding of additional regular meetings.
2. Special meetings may be held on a call of the mayor or by a majority of the council, by giving at least a minimum of 6 hours notice of such special meeting to each member of the council prior to the meeting. No contract involving the expenditure of money shall be made or any ordinance passed, except an emergency ordinance, or claim allowed at a special meeting, and no business shall be transacted at a special meeting except such as shall be stated in the call therefor.
3. 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 compel the attendance of the absent members.
4. Except as otherwise provided by law, the deliberations, sessions and all proceedings of the council shall be public.
Sec. 18. Journal. The council shall keep a journal of all its proceedings, and upon:
1. The call of any one councilman or the mayor, shall cause the yeas and nays shall be taken and entered upon the journal upon any question before it.
2. The passage of all ordinances and the adoption of resolutions or motions the yeas and nays shall be taken and the clerk shall enter the same and the vote of each member in the journal.
Sec. 19. Oaths and affirmations. The mayor, the mayor pro tempore while acting in the stead of the mayor, and the city clerk have the power to administer oaths and affirmations relating to any business pertaining to the city before the council or to be considered by the council.
Sec. 20. Punishment of disorderly conduct of members, other persons; subpena power.
1. The council has the power to:
(a) Provide for the punishment of any member for disorderly conduct committed in its presence.
κ1965 Statutes of Nevada, Page 446 (CHAPTER 240, AB 574)κ
(b) Compel the attendance of witnesses and the production of all papers relating to any business before the council.
2. The council may provide punishment for disobedience of its subpena or any contemptuous or disorderly conduct committed in its presence by a fine not exceeding $50 or by imprisonment not to exceed 25 days, or by both such fine and imprisonment.
Sec. 21. Council power to enact ordinances, resolutions and orders.
1. The council has power to make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, and for the execution of all the powers vested in the city, and for making effective the provisions of this charter.
2. The council has power to enforce obedience to ordinances with such fines or penalties as the council may deem proper, but the punishment of any offense shall be by a fine in any sum not to exceed $500, or by imprisonment not to exceed 6 months, or by both fine and imprisonment.
Sec. 22. Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. No ordinance shall be passed except by bill and by a majority vote of the whole council. The style of all ordinances shall be as follows: The City Council of the City of Henderson do ordain.
2. An ordinance shall embrace but one subject and matters necessarily or properly connected therewith and pertaining thereto, and the subject shall be clearly indicated in the title. In each case where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.
3. Whenever an ordinance is amended, the section or sections thereof shall be reenacted as amended, and no ordinance shall be revised or amended by reference only to its title.
Sec. 23. Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed shall be read to the council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance shall be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of such filing shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city, if any there be, otherwise in some qualified newspaper published in Clark County and having a general circulation in the city, at least 1 week prior to the adoption of the ordinance. The council shall adopt or reject the ordinance, or the ordinance as amended, within 30 days from the date of such publication.
2. At the next regular meeting or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the council. Thereafter, except as provided in section 24, it shall be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.
κ1965 Statutes of Nevada, Page 447 (CHAPTER 240, AB 574)κ
3. In cases of emergency, by unanimous consent of the whole council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of copies of the proposed ordinance with the city clerk need be published.
4. All ordinances shall be signed by the mayor, attested by the city clerk, and shall be published in full, together with the names of the mayor and councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city, if any there be, otherwise in some qualified newspaper published in Clark County and having a general circulation in the city, for at least one publication before the same shall become effective.
5. The city clerk shall record all ordinances in a book kept for that purpose together with the affidavits of publication by the publisher and the book or a certified copy of the ordinances therein recorded, under the seal of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet form, by authority of the council, they shall be so received.
Sec. 24. Uniform codes: Procedure for adoption. An ordinance adopting a uniform building, plumbing, electrical, health, traffic or fire code, or any other uniform code or codes, printed in book or pamphlet form, may adopt such code, or codes, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city, and with such other changes as may be desirable, by reference thereto, and such code, or codes, upon adoption need not be read in full as required by section 23, if copies of such code, or codes, either typewritten or printed, with such changes, if any, have been filed for use and examination by the public in the office of the city clerk at least 1 week prior to the passage of the ordinance adopting such code or codes.
Sec. 25. Codification of ordinances; publication of code.
1. The city council has the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council, have incorporated therein a copy of this charter and such additional data as the council may prescribe. When such a publication is published, two copies shall be filed with the librarian of the Nevada state library, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of the city of Henderson.
4. The codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 26. Councils powers: Fire protection; regulation of explosives, inflammable materials. The council has the power to:
κ1965 Statutes of Nevada, Page 448 (CHAPTER 240, AB 574)κ
1. Organize, regulate, maintain and disband a fire department.
2. Provide for the extinguishment of fire.
3. Regulate or prohibit the storage of gunpowder or other explosives or combustibles or inflammable material within, or transported through, the city, and to prescribe the distance from the city where the same may be stored, held or kept.
Sec. 27. Councils powers: Nuisances. The council has the power to determine by ordinance what shall be deemed nuisances, and to provide for the abatement, prevention and removal of the same, at the expenses of the persons creating, causing or committing such nuisances, and to provide for the penalty and punishment for the same.
Sec. 28. Councils powers: Public health; regulations of health officer. The city council has the power to provide for safeguarding the health of the city. The council may enforce all regulations and quarantines established or created by the health officer by providing adequate penalties for violations thereof.
Sec. 29. Councils powers: Licensing, regulation and prohibition of trades, professions and businesses.
1. The city council has the power to:
(a) Fix, impose and collect a license tax on, and to regulate all trades, callings, professions and business, conducted in whole or in part within the city.
(b) Fix, impose and collect a license tax on, regulate, prohibit, or suppress all businesses selling alcoholic liquors at wholesale or retail and all raffles, hawkers and peddlers.
(c) Fix, impose and collect a license tax on, regulate, prescribe the locations of or suppress all fortune tellers, mediums, astrologers, palmists, clairvoyants, and phrenologists, pawnshops and pawnbrokers.
(d) Fix, impose and collect a license on, regulate, prohibit or prescribe the location of gambling and gaming houses, gambling and gaming of all kinds, and all games of chance.
2. In fixing any license tax the council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association or corporation thus licensed and such license tax shall be paid on a pro rata basis.
Sec. 30. Councils powers: Suppression of animal, prize fights. The council has the power to prohibit and suppress all dog fights, prize fights, cock fights, bear, bull, or badger baits, sparring and sparring contests and exhibitions.
Sec. 31. Councils powers: Licensing of dogs, cats. The council has the power to fix, impose and collect an annual per capita tax on all dogs and cats and to provide for the destruction of all dogs and cats upon which such tax has not been paid.
Sec. 32. Councils powers: Vehicles used for hire. The council has the power to fix, impose and collect a license tax on, and regulate vehicles used for hire, and to regulate the stands of all taxicabs, buses and job vehicles.
Sec. 33. Councils powers: Prevention of riots; disorderly conduct. The council has the power to prevent any, and restrain any, riot or riotous assemblage, or disorderly conduct within the city, and to provide for the punishment for the same.
κ1965 Statutes of Nevada, Page 449 (CHAPTER 240, AB 574)κ
Sec. 34. Councils powers: Traffic control. The council has the power to regulate the speed at which vehicles may run within the city limits and to prescribe the length of time which vehicles may be parked upon the public streets.
Sec. 35. Councils powers: Licenses. The council has the power to provide for the issuance of all licenses authorized in this chapter, and to fix the amounts thereof, and to fix the time for, manner of and terms for which the same shall be issued.
Sec. 36. Councils powers: Cemeteries and burials; fire limits; signs; city prison; animals running at large; utility pole locations; miscellaneous powers. The council has the power to:
1. Control, enlarge or abolish cemeteries, and to sell or lease lots therein, to control and regulate the interments therein, and to prohibit them within the city limits.
2. Establish, lay out and change fire limits, and to regulate or prevent the erection or repair of wooden buildings therein; to regulate and prescribe the material to be used in the construction of buildings in such limits; and to regulate, prescribe or prohibit awnings, porches, signs, placards or billboards over sidewalks or across streets, and to regulate the same throughout the city.
3. Provide and maintain a city prison and to provide for the guarding, safekeeping, care, feeding and clothing of city prisoners.
4. Prevent or regulate the running at large within the city of any poultry, hogs, sheep, goats, swine, horses, cows or other animals; to establish a pound and to authorize the impounding, sale or destruction of any animals or fowl found running at large.
5. Regulate or prohibit the use of steam boilers, the location of telegraph, telephone, electric light and other poles and suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks.
Sec. 37. Councils powers: Structures; drains and sewers; fire protection; public building entrances and exits; public utilities; abatement of nuisances; miscellaneous powers. The council has the power to:
1. Prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change and create sewer districts; to require connections with sewers; to require owners or lessees of public buildings or buildings used for public purposes, including hotels, dancing halls, theater buildings, to place in or upon the same fire escapes and appliances for protection against and the extinguishment of fire; to prevent the construction and cause the removal of dangerous chimneys, stovepipes, ovens and boilers, and to prevent the depositing of sewer filth, offal, manure or other offensive matter within the city; to prevent the depositing of ashes, rubbish, shavings or any combustible material in unsafe places; to regulate and compel the cleaning, at the expense of the person in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish or debris; and to compel the abating of nauseous, stinking or foul privy vaults.
κ1965 Statutes of Nevada, Page 450 (CHAPTER 240, AB 574)κ
2. Regulate the entrance to and exit from theaters, lecture rooms, public halls and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools or benches in, or crowding or otherwise obstructing the aisles, entrances or exits of such places.
3. Regulate and control the construction and maintenance of any tubes, pipes or pipelines, ditches, signal bells, warning signs and other electric, telegraph and mechanical appliances, in, along, over, under and across the streets and alleys; but no such appliances shall be placed so as to interfere with the fire alarm system, or extinguishment of fires, or permanently with the free use of the streets, sidewalks or alleys.
4. Require every railroad to keep the streets in repair between the tracks and along and within the distance of at least 2 feet upon each side of the tracks.
5. Require, upon such notice as the council may direct, any noxious or offensive smell, filth or debris to be abated, removed or otherwise destroyed, at the expense of the person or persons causing, committing or responsible therefor, and the council, in like manner, may require or cause any lots or portion of lots covered by stagnant water for any period to be filled up to such level as will prevent the same from being so covered, and may assess the costs of filling upon such real estate, and provide that it shall be a lien thereon, in which case such lien shall be enforced as in other cases provided for in this chapter.
Sec. 38. Councils powers: Condemnation of property for public uses. The council has the power to condemn property for public uses.
Sec. 39. Councils powers: Streets, sidewalks, parks, public grounds. The council has the power to:
1. Lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
2. Plant or direct and regulate the planting of ornamental shade trees in, along and upon streets, avenues, sidewalks, parks and public grounds.
3. Regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds, and to prevent and remove obstructions and encroachments upon the same.
4. Provide for and regulate crosswalks, curbs and gutters.
5. Name streets, avenues or other public places, and to change the names thereof.
6. Provide for and regulate the numbering of houses and lots.
7. Regulate or prohibit traffic and sales upon the streets and sidewalks and in public places.
8. Regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalks in front of or along the same free from obstructions.
9. Regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.
10. 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, or for posting handbills or advertisements.
κ1965 Statutes of Nevada, Page 451 (CHAPTER 240, AB 574)κ
for the support of wires or cables, or for posting handbills or advertisements.
11. Regulate or prevent the flying of flags, banners or signs across the street or from buildings.
12. Regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds or upon the sidewalks.
13. Prevent or regulate the playing of ball, 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.
14. Prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
15. Regulate or prohibit public demonstrations and processions.
16. Construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
17. Provide for the lighting, sprinkling and cleansing of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
18. Regulate the opening and use of streets, alleys, sidewalks and crosswalks for the laying of conduits, gas or water mains or pipes, and the building and repairing of sewers, tunnels and drains.
Sec. 40. Councils powers: Parking meters; offstreet public parking facilities.
1. The council has the power to acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the council.
2. The council has the power to acquire property within the city, by any lawful means except by eminent domain, for the purpose of establishing offstreet public parking facilities for vehicles. The council may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, and a majority of the ballots cast of each color therein is in favor of the issuance of such bonds, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The council may, in such bonds, pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.
Sec. 41. Councils powers: City property, buildings. The council has the power to:
1. Control the property of the corporation.
2. Erect and maintain all buildings necessary for the use of the city.
3. Purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property, and to do all other things in relation thereto which natural persons might do; but the council shall not have power, except as otherwise provided by this charter or any other law, to mortgage, hypothecate or pledge any property of the city for any purpose.
Sec. 42. Councils powers: City-owned and public utilities; water and water supplies. The council has the power to:
κ1965 Statutes of Nevada, Page 452 (CHAPTER 240, AB 574)κ
1. Provide for the lighting of streets, laying down of gas pipes and erecting of lampposts.
2. Regulate the use of gas, natural gas and electric and other lights and electric power, and to regulate the inspection thereof.
3. Construct and maintain waterworks, gasworks and electric light works, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of such works from any person or corporation.
4. Construct or authorize the construction of water works without the city limits for the supply of the city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, the jurisdiction of the council 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.
5. Regulate and control the water and watercourses, ditches and flumes within or leading to the city.
6. Construct, purchase, 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 the sources of water supply, to purchase or lease the land from or upon which the water has been appropriated or applied.
7. Purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for the city and the inhabitants thereof.
8. Fix the rate to be paid for the use of water furnished by the city.
Sec. 43. Councils powers: Acquisition or establishment of city utility.
1. The council has the power to acquire or establish any public utility only in the manner provided in this section.
2. The council shall enact an ordinance which shall set forth fully and in detail:
(a) The public utility proposed to be acquired or established.
(b) The estimated cost thereof, as shown by the report approved by the council, of an engineer or body theretofore appointed by the council for that purpose.
(c) The proposed bonded indebtedness to be incurred therefor, and the terms, amount, rate of interest and time within which redeemable and on what fund.
3. Such ordinance shall be published in full in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city, if any there be, otherwise in some qualified newspaper published in Clark County and having a general circulation in the city, at least once a week for 4 successive weeks.
κ1965 Statutes of Nevada, Page 453 (CHAPTER 240, AB 574)κ
4. At the first regular meeting of the council, or any adjournment thereof, after the completion of the publication, the council may proceed to enact an ordinance for such purpose which shall conform in all respects to the terms and conditions of the previously published ordinance, unless a petition is presented to it, signed by not less than 15 percent of the registered voters of the city, and representing not less than 10 percent of the taxable property of the city as shown by the last preceding assessment roll, praying for a special election in the city upon the question of whether or not the proposed ordinance shall be passed. Thereupon, no such proposed ordinance shall be enacted or be valid or effective for any purpose whatsoever, unless at a special election called and held for the purpose a majority of the votes cast are for the ordinance.
Sec. 44. Councils powers: Public peace and morals; prostitution.
1. The council has the power to:
(a) Prevent intoxication, fighting and quarreling.
(b) Provide against and to prevent the offenses of assault and battery and petit larceny.
(c) 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 $50.
(d) 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.
(e) Punish the interference with any city officer in the discharge of his duty.
(f) Provide for the punishment of trespass and such other petty offenses as the city council may deem proper.
(g) Punish and prohibit the selling or giving away of any intoxicating malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard or person in the habit of becoming intoxicated.
(h) Arrest, fine or set to work on the streets or elsewhere all vagrants, mendicants and persons found in the city without visible means of support or some legitimate business.
(i) Provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, thieves or persons who practice any game, trick or device, with intent to swindle.
2. The council shall prohibit and suppress houses of ill-fame, bawdy houses, and any and all places in the city to which persons resort for lascivious purposes, or purposes of lewdness or prostitution.
Sec. 45. Councils powers: General health, safety and welfare. The council has the power to adopt and enforce, by ordinance, all such measures and establish all such regulations, in case no express provision is made in this charter, as the council 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 city, the preservation of peace and good order, the promotion of public morals, and the suppression of vice in the city, and to pass ordinances upon any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any other duty, every, and all other acts and things necessary for the execution of the powers conferred or which may be necessary fully to carry out the intent, purposes, and object thereof.
κ1965 Statutes of Nevada, Page 454 (CHAPTER 240, AB 574)κ
of health, comfort, safety, life, welfare and property of the inhabitants of the city, the preservation of peace and good order, the promotion of public morals, and the suppression of vice in the city, and to pass ordinances upon any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any other duty, every, and all other acts and things necessary for the execution of the powers conferred or which may be necessary fully to carry out the intent, purposes, and object thereof.
Sec. 46. Manner, details for exercise of powers of council may be provided by ordinance. When power is conferred upon the council to do and perform any act or thing, and the manner of exercising the same is not specifically pointed out, the council may provide by ordinance the manner and details necessary for the full exercise of such power.
ARTICLE VII
city manager
Sec. 47. Appointment.
1. The council shall appoint a city manager for an indefinite term.
2. The mayor or a councilman shall not be appointed as city manager during the term for which he has been elected or within 1 year after the expiration of his term.
Sec. 48. Qualifications. The city manager shall be chosen by the council solely on the basis of his executive ability and administrative qualifications, with special reference to his actual experience in or his knowledge of accepted practice in respect to the duties of his office as set forth in this charter.
Sec. 49. Residence. At the time of his appointment the city manager need not be a resident of the city or state, but, except as hereinafter provided, during his tenure of office he shall reside within the city. If a person is appointed city manager who is not a resident of the city he shall become a resident of and reside within the city within 6 months of the date of his appointment.
Sec. 50. Salary. The city manager shall receive the salary prescribed by ordinance.
Sec. 51. Powers and duties.
1. The city manager shall be the chief administrative officer of the city. He shall be responsible to the council for the administration of all city affairs placed in his charge by or under this charter.
2. The city manager shall, subject to the provisions of the personnel rules adopted pursuant to section 251, and ratification by a majority of the full council:
(a) Appoint and, when he deems it necessary for the good of the service, suspend or remove all city employees and appointive administrative officers provided for by or under this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise such powers with respect to subordinates in that officers department, office or agency.
κ1965 Statutes of Nevada, Page 455 (CHAPTER 240, AB 574)κ
(b) Direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by law.
(c) Attend all council meetings and shall have the right to take part in discussion but may not vote.
(d) See that all laws, provisions of this charter and acts of the council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed.
(e) Prepare and submit to the council the annual budget and capital program.
(f) Submit to the council and make available to the public a complete report of the finances and administrative activities of the city as of the end of each fiscal year.
(g) Make such other reports as the council may require concerning the operations of city departments, offices and agencies subject to his direction and supervision.
(h) Keep the council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as he deems desirable.
(i) Perform such other duties as are specified in this charter or which may be required by the council.
(j) Be bonded in an amount to be determined by the council.
Sec. 52. Vacancy. If the city manager resigns or a vacancy in the position of city manager occurs for any other reason, the council shall appoint a new city manager within 6 months from the date of such vacancy.
Sec. 53. Removal. The council may remove the city manager at any time by a majority vote of the whole council, but before removal the council shall grant the city manager a hearing. The action of removal by the council shall be final, conclusive and shall not be subject to judicial or any other review.
Sec. 54. Acting city manager.
1. By letter filed with the city clerk, the city manager shall designate, subject to the approval of a majority of the full council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during his temporary absence or disability. During such absence or disability, the council may revoke such designation at any time and appoint another officer of the city to serve until the city manager returns or his disability ceases.
2. The acting city manager so relieved from his duties by the council shall not be afforded a hearing as provided in section 53.
Sec. 55. Council not to interfere in appointments or removals.
1. No councilman or the mayor individually shall direct or request the appointment of any person to, or his removal from, office by the city manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any subordinate of the city manager, either publicly or privately.
κ1965 Statutes of Nevada, Page 456 (CHAPTER 240, AB 574)κ
2. Any councilman or the mayor violating the provisions of this section, or voting for a resolution or ordinance in violation of this section, is guilty of a misdemeanor, and upon conviction thereof shall cease to be a councilman or the mayor.
ARTICLE VIII
city clerk
Sec. 56. Appointment; salary; residence; duties. The city clerk shall:
1. Be appointed by the majority of the whole council, and shall serve at the pleasure of the council.
2. Reside within the city during the term of his employment.
3. Receive the salary fixed by the council.
4. Keep his office at the place of meeting of the council, or some other place convenient thereto, as the council may direct.
5. Keep the corporate seal and all papers and records of the city.
6. Keep a record of the proceedings of the council, whose meetings he shall attend.
7. Countersign all contracts made in behalf of the city. Any contract to which the city is a party shall be void unless countersigned by the city clerk.
8. Cause to be published quarterly in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city, if any there be, otherwise in some qualified newspaper published in Clark County and having a general circulation in the city, a statement of the finances of the city. The statement shall be signed by the mayor and attested by the city clerk.
9. Act as ex officio city treasurer until a city treasurer or other financial officer of the city is appointed pursuant to the provisions of section 58.
Sec. 57. Certified copies of city records as evidence; certification by city clerk. Copies of all papers filed in the office of the city clerk and transcripts from all records of the council certified by the city clerk under the corporate seal shall be admitted in evidence in all courts to the same effect as if the originals were produced.
ARTICLE IX
city treasurer
Sec. 58. Appointment; salary; residence; duties.
1. With the concurrence of a majority of the full council the city manager may appoint a city treasurer or other financial officer of the city.
2. The city treasurer or financial officer shall:
(a) Receive the salary fixed by the council and shall perform such duties as are prescribed by ordinance.
(b) Reside within the city during the term of his employment.
κ1965 Statutes of Nevada, Page 457 (CHAPTER 240, AB 574)κ
ARTICLE X
city auditor
Sec. 59. Appointment; salary; residence; duties.
1. With the approval of a majority of the full council, the city manager shall appoint a city auditor. The city auditor shall receive the salary fixed by the council, and shall reside within the city during the term of his employment.
2. The city auditor shall:
(a) Draw and countersign all orders upon the city treasurer in pursuance of any order or resolution of the council, and keep a full and accurate account thereof in books provided for that purpose.
(b) Make monthly reports to the council of the financial condition of the city.
(c) Make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action to the council as shall secure the payment of the principal and interest of such bonds.
(d) Annually on or before March 1, report to the council an estimate of the expenses of the city and of the revenue necessary to be raised for the next fiscal year.
(e) Keep regular books of account in which he shall enter all indebtedness of the city, and which shall at all times show the financial condition of the city, the amount of bonds, orders, certificates or other evidences of indebtedness issued by the council, the amount of all bonds, orders, certificates or other evidences of indebtedness which have been redeemed, and the amount of each outstanding.
(f) Keep all accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue and the amounts which they have disbursed under the direction of the council.
(g) Examine all reports, books, papers, vouchers and accounts of the city treasurer or financial officer, if there is one.
(h) Audit all claims and demands against the city before they are allowed by the council.
(i) Keep a record of claims presented and the action of the council thereon.
(j) Keep a book, properly indexed, in which he shall enter all contracts. Such book shall be open to public inspection.
(k) Perform such other duties as the council may provide by ordinance.
Sec. 60. Annual financial statement: Preparation; contents; notice of preparation.
1. The city auditor shall prepare, on or before the 1st Monday in October of each year, and thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and expenditures for the previous year, ending June 30, showing:
(a) The total receipts of the city, stating particularly the source of each portion of revenue.
κ1965 Statutes of Nevada, Page 458 (CHAPTER 240, AB 574)κ
(b) The amount of cash on hand at the date of the last report.
(c) The amount of sinking fund and how invested.
(d) The number, date and amount of every bond issued or redeemed, and the amount received or paid therefor.
(e) The indebtedness of the city, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof.
(f) Each warrant issued, to whom, and on what account.
(g) The amount of cash in the city treasury and in its several funds.
2. He shall cause to be published on or before the 1st Monday in October of each year, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city, if any there be, otherwise in some qualified newspaper published in Clark County and having a general circulation in the city, a notice that such a detailed statement has been prepared, is on file in his office, and open to public inspection at all times.
ARTICLE XI
city assessor
Sec. 61. County assessor ex officio city assessor; duties.
1. The county assessor of Clark County, Nevada, in addition to the duties now imposed upon him by law, shall act as the assessor of the city and shall be ex officio city assessor without further compensation.
2. He shall perform such duties as may be prescribed by the council.
ARTICLE XII
city attorney
Sec. 62. Appointment; qualifications.
1. There shall be a city attorney who shall be the legal officer of the city. He shall be appointed by a majority of the whole council and shall serve at the pleasure of the council. He need not reside within the city during the term of his employment.
2. No person shall be appointed as city attorney unless he is a licensed and practicing attorney of the Supreme Court of Nevada, and in good standing at the bar.
Sec. 63. Salary. The city attorney shall receive the salary prescribed by ordinance.
Sec. 64. Deputies. In the exercise of its sound discretion, the council may employ counsel to assist the city attorney whenever, in the judgment of the council, the public interest shall require such employment. The expense thereof shall be allowed and paid in the same manner as other claims against the city are paid.
Sec. 65. Duties. The city attorney shall:
κ1965 Statutes of Nevada, Page 459 (CHAPTER 240, AB 574)κ
1. Be the chief legal adviser to the council, the city manager, all city departments, offices and agencies in all matters respecting the affairs of the city.
2. Represent the city in all legal proceedings.
3. Prosecute in the proper court all offenses against the provisions of this charter and the city ordinances.
4. Perform such other and further duties as may be required of him by the council or prescribed by ordinance.
5. Be present at the regular meetings of the council and such other meetings as the council may require.
ARTICLE XIII
municipal court
Sec. 66. Municipal court presided over by police judge. There shall be in the city a municipal court presided over by a police judge.
Sec. 67. Police judge: Qualifications. The police judge shall:
1. Be a citizen of the state.
2. Have been a bona fide resident of the city for not less than 3 years next preceding his election.
3. Be a registered voter and a taxpayer on real property in the city.
4. Be at least 30 years of age.
Sec. 68. Police judge: Election; term. The police judge shall be elected at the general municipal election by the registered voters of the city for a term of 4 years.
Sec. 69. Police judge: Compensation, bond. The police judge shall:
1. Receive the salary prescribed by ordinance, which salary shall not be increased during his term of office.
2. Before entering upon the discharge of his duties, make and execute to the city a good and sufficient bond in such sum and conditions as the council may prescribe, and the sureties thereon, if not a surety company licensed to do business in this state, shall be subject to the approval of the council.
Sec. 70. Powers, jurisdiction of court generally; trial summary and without jury. The municipal court shall have such powers and jurisdiction in the city as are provided by law for justices courts, wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of the city or of this charter, of a police or municipal nature; but the trial and proceedings in such cases shall be summary and without a jury.
Sec. 71. Additional powers, duties of municipal court. Additional powers and duties of the municipal court, including without limitation suspension of sentences, probation, parole and release of city prisoners, not otherwise enumerated in this charter may be prescribed by ordinance.
Sec. 72. Jurisdiction of municipal court.
1. The municipal court shall have jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of this charter of a police or municipal nature, and shall hear, try and determine such cases in accordance with the provisions of such ordinances or of this charter.
κ1965 Statutes of Nevada, Page 460 (CHAPTER 240, AB 574)κ
or municipal nature, and shall hear, try and determine such cases in accordance with the provisions of such ordinances or of this charter.
2. The municipal court shall have jurisdiction of offenses committed within the city, which violate the peace and good order of the city or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dogfights, cockfights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under ordinances of the city.
3. The municipal court shall have jurisdiction of:
(a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $500.
(b) Actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments when the principal sum claimed does not exceed $500.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from the municipal court in any of the cases herein named, when the principal sum claimed does not exceed $500.
(d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $500.
4. Nothing contained in subsection 3 shall be so construed as to give the municipal court jurisdiction to determine any such cause when it is made to appear by the pleadings or the verified answer that the validity of any tax, assessment or levy, or title to real property will necessarily be an issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided by law for certification of causes by justices courts.
Sec. 73. Warrants; writs; process.
1. The municipal court shall have power to issue all warrants, search warrants, writs and process necessary to a complete and effective exercise of its powers and jurisdiction.
2. All warrants issued by the municipal court shall run to any sheriff or constable of the county, or to any policeman of the city.
3. Any constable or sheriff may serve any process or make any arrest authorized to be made by any officer of the city.
Sec. 74. Pleadings; practice.
1. The practice and proceedings in the municipal court shall conform, as nearly as practicable, to the practice and proceedings of justices courts in similar cases. The municipal court shall be treated and considered as a justices court whenever the proceedings thereof are called into question.
2. The papers and pleadings filed in the municipal court and process issuing therefrom shall be entitled In the Municipal Court of the City of Henderson.
κ1965 Statutes of Nevada, Page 461 (CHAPTER 240, AB 574)κ
3. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought.
4. All actions brought to recover any fine or to enforce any penalty under any ordinance of any city shall be brought in the corporate name of the city as plaintiff; and no prosecution, recovery or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same person for any other violation of any such ordinance, although the different causes of action existed at the same time, and if united would not have exceeded the jurisdiction of a justices court.
Sec. 75. Contempts. The police judge may punish for contempts in like manner and with the same effect as is provided by general law for justices of the peace.
Sec. 76. Disqualification of police judge; justice of peace to act when police judge unable to act. In all cases in which the police judge is disqualified by reason of being a party, or being interested therein, to any proceeding pending in the municipal court, or related to either defendant or plaintiff or complaining witness therein, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of the county, on the written request of the city manager, shall act in place and stead of the police judge. The council shall have power to apportion ratably the salary of such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.
Sec. 77. Docket of police judge. The police judge shall keep a docket in which shall be entered all official business in like manner as in justices courts.
Sec. 78. Monthly reports, money payments by police judge. The police judge shall render monthly, or oftener as the council may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as fines imposed but uncollected, since his last report, and shall at the same time render and pay into the city treasury all fines collected and moneys received on behalf of the city since his last report.
Sec. 79. Fines and penalties: Commitment; recovery by execution; work gang.
1. Any person upon whom any fine or penalty is imposed may, upon the order of the court before whom the conviction is had, be committed to the city jail, or to such other place as may be provided by the city for the incarceration of offenders, until such fine and penalty are fully paid.
2. The council shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding 8 hours each working day; and for such work the person so employed shall be allowed $4 for each days work on account of such fine. The council may provide for the formation of a work gang for persons convicted of offenses in violation of the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.
κ1965 Statutes of Nevada, Page 462 (CHAPTER 240, AB 574)κ
of the city, and to safeguard and prevent their escape while being so employed.
3. Fines imposed by the municipal court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail at the rate of 1 day for every $2 of such fine, or the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of the city, at the rate of $4 for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
Sec. 80. Appeals. Appeals to the district court may be taken from any final judgment of the municipal court in the same manner and with the same effect as appeals from justices courts in civil or criminal cases, as the case may be.
ARTICLE XIV
police department
Sec. 81. Chief of police: Appointment, residence. There shall be a chief of police of the city appointed by the city manager subject to the approval of a majority of the full council. The chief of police shall reside within the city during the term of his employment.
Sec. 82. Chief of police: Qualifications. The chief of police shall:
1. Be a citizen of the United States of America.
2. Be not less than 35 years of age.
3. Have been actively engaged in law enforcement work for a period of not less than 5 years, 3 years of which shall have been in a supervisory capacity preceding his appointment.
Sec. 83. Chief of police: Salary. The chief of police shall receive the salary prescribed by the council.
Sec. 84. Chief of police: Bond. Before entering upon the discharge of his duties the chief of police shall furnish a bond to the city. The bond shall be in a sum and conditioned as the council shall require, and shall be approved by the council. Such bond shall apply in like manner to the assistant chief of police acting for the chief of police.
Sec. 85. Assistant chief of police; policemen. The chief of police may appoint an assistant chief of police, who may act for him in his absence or inability to act, and such necessary number of policemen as may be ordered by the council. Appointees of the chief of police shall be subject to approval and confirmation by the council. Salaries of policemen shall be fixed by the council.
Sec. 86. Chief of police: Duties. The chief of police shall:
1. Execute all process issuing from the municipal court.
2. Command and control the police force.
3. Be vigilant in the detection of criminals and offenders and the speedy apprehension of the same.
4. Diligently see that all ordinances of the city of a police nature, the general laws and the provisions of this charter are rigidly enforced and observed.
κ1965 Statutes of Nevada, Page 463 (CHAPTER 240, AB 574)κ
5. Collect such license taxes as may be designated by the council. The time and manner of collection of license taxes shall be prescribed by ordinance.
6. Perform such other duties as are prescribed by ordinance.
ARTICLE XV
fire department
Sec. 87. Chief of the fire department: Qualifications; appointment; residence; salary.
1. There shall be a chief of the fire department appointed by the city manager, subject to approval of a majority of the full council. The chief of the fire department shall reside within the city during the term of his employment.
2. The chief of the fire department shall:
(a) Be at least 35 years of age and a citizen of the United States of America.
(b) Have been actively engaged in fire prevention or fire protection work for a period of not less than 5 years continuously, 3 years of which have been in a supervisory capacity preceding his appointment.
3. The chief of the fire department shall receive the salary prescribed by the council.
Sec. 88. Chief of the fire department: Duties. The chief of the fire department shall:
1. See that all laws, rules, regulations and ordinances concerning the fire department are carried into effect and observed.
2. Diligently observe the condition of all apparatus in use by the fire department and from time to time report to the council his recommendations for the betterment of the department and methods of increasing its efficiency.
3. Have power, subject to confirmation by the council, to appoint the necessary number of firemen as may be required by the council.
4. Exert himself to protect property from fire, and generally exercise vigilance for the safety of the city against conflagrations.
ARTICLE XVI
department of public works
Sec. 89. Director: Appointment; residence. A director of the department of public works shall be appointed by the city manager, subject to confirmation by a majority of the full council. The director of the department of public works shall reside within the city during the term of his employment.
Sec. 90. Director: Qualifications.
1. The director of the department of public works shall:
(a) Hold a certificate of registration as a professional engineer issued pursuant to the provisions of chapter 625 of NRS; or
κ1965 Statutes of Nevada, Page 464 (CHAPTER 240, AB 574)κ
(b) Have been actively engaged in the practice of engineering for a period of at least 5 years prior to his appointment.
(c) Be ex officio city engineer.
2. If the director of the department of public works has only the qualifications specified in paragraph (b) of subsection 1 he may designate an employee of the department who holds a certificate of registration as a professional engineer, issued pursuant to the provisions of chapter 625 of NRS as ex officio city engineer for the purpose of signing and certifying all plats, documents and instruments required by law to be signed and certified by a registered professional engineer.
Sec. 91. Director: Salary. The director of the department of public works shall receive the salary prescribed by the council.
Sec. 92. Director: Duties. The director of the department of public works shall:
1. When instructed by the city manager, prepare plans, specifications and cost estimates for all public improvements made within the city, and supervise the construction thereof.
2. Recommend necessary city improvements to the city manager.
3. Cause to be carried out all necessary public improvement work and the engineering incident thereto when directed to proceed with such projects by the city manager after the city manager has been directed by the council.
4. Supervise the streets, sewers and parks of the city.
5. Perform such other duties as may be assigned to him by the city manager.
Sec. 93. Building inspection. Unless otherwise provided by ordinance, the director of the department of public works shall be in complete charge of all building and construction work inspections and of the issuance of all permits required in such work.
ARTICLE XVII
health department
Sec. 94. Creation. There is hereby created in the city a city health department, the chief officer of which shall be the health officer.
Sec. 95. Health officer: Qualifications; appointment; residence.
1. The health officer shall:
(a) Be a physician licensed to practice medicine in the State of Nevada.
(b) Have training and experience in the control and management of communicable diseases.
2. The health officer shall be appointed by the city manager, subject to the confirmation of a majority of the full council.
Sec. 96. Health officer: Salary. The health officer shall receive the salary prescribed by ordinance.
Sec. 97. Health officer: Powers and duties.
1. The health officer shall:
(a) Be in complete charge of all health and sanitation within the city.
κ1965 Statutes of Nevada, Page 465 (CHAPTER 240, AB 574)κ
(b) Make all necessary regulations for the preservation of health and the suppression of disease and to prevent the introduction of contagious, infectious and other diseases into the city.
2. The health officer may proclaim and enforce quarantines.
Sec. 98. Health district. By a vote of the majority of the whole council, the city may effectuate the purposes of NRS 439.370 and 439.410, inclusive.
ARTICLE XVIII
finances, revenue and taxation
Sec. 99. General powers of council concerning finances, revenue, taxation. The council has the power:
1. To control the finances of the corporation.
2. To appropriate money for corporate purposes only, and to provide for payment of debts and expenses of the corporation.
3. To levy and collect taxes within the city for general and special purposes on real and personal property, as provided by law.
4. To borrow money on the credit of the city for corporate purposes, in the manner and to the extent allowed by the constitution and the laws of this state, and to issue warrants and bonds therefor, in such amounts and forms and on such conditions as the council shall determine.
5. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation or refunding of the same.
6. To divide the city into districts for the purpose of local taxation, or to create districts for that purpose, as occasion may require.
Sec. 100. Levy, collection of city taxes.
1. The council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 3 percent upon the assessed value of all real estate and personal property within the city made taxable by law; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for collection of state and county taxes. The revenue laws of the state shall, in every respect not inconsistent with the provisions of this chapter, be deemed applicable and so held to the levying, assessing and collecting of the city taxes. In the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization as are the state and county.
2. Whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing and collecting the state and county revenues shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenue of the city.
3. The council shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state, for the prompt, convenient and economical collecting of the city revenue.
κ1965 Statutes of Nevada, Page 466 (CHAPTER 240, AB 574)κ
Sec. 101. Taxes paid to county treasurer; transfers of money to city treasury; bond redemption, sinking and general funds.
1. All taxes collected under or by virtue of this charter or of any city ordinance shall be paid to the county treasurer of Clark County at the same time as payment of taxes for state and county purposes is made, but nothing in this subsection shall be construed to require payment of any license taxes to the county treasurer of Clark County.
2. The county treasurer of Clark County shall:
(a) Receive such taxes, keep the same intact, separate and apart from other tax moneys and not commingled therewith.
(b) Be liable on his official bond for the correct keeping and transfer of such moneys as provided in this section.
(c) Render a statement to the city treasurer or financial officer of the city of the moneys and the amount thereof so received by him as often as he is required to do so by resolution of the council, regularly adopted, certified to under the seal of the city by the city clerk, and served upon the county auditor.
3. The county auditor shall draw his warrant for the full amount and the county treasurer shall transmit and deliver to the city treasury all moneys so collected and received by him, or so much thereof as shall be called for by the resolution specified in paragraph (c) of subsection 2, and shall thereupon take the receipt of the city treasurer or financial officer of the city therefor. All such moneys shall be placed in the funds of the city.
4. After receipt by the city treasurer or the financial officer of the city of such funds and at the next regular council meeting after demand has been made upon the county treasurer therefor, the council shall ascertain the amount that must be paid out of the funds thus received for bond interest and bond retirement prior to the due date of the next tax apportionment, whether the same be quarterly, semiannually or annually. Out of such funds received the council shall direct the payment of due bonds and interest. When such amount has been ascertained, the council shall order a sufficient amount of such funds to cover the same to be deposited in a special fund to be known as the Henderson bond redemption fund. The funds thus segregated shall be used only for the purpose of paying bond interest and maturing bonds, and shall not be subject to any other use or to any judicial process, attachment or execution.
5. Except as otherwise herein provided the remainder of the funds shall be deposited in a fund to be known as the Henderson general fund and shall be so kept until used for general city purposes and paid out on proper warrants. The council may set apart any surplus moneys in the Henderson general fund to the Henderson bond redemption fund, which surplus moneys shall be used for payment of bond interest and bond principal redemptions, for bonds then issued or for bonds to be issued, and which are secured by the full faith and credit of the property within the city.
6. Nothing contained in this section shall be construed to prevent the council from creating a sinking fund out of any surplus tax proceeds to fund any long-term public improvement or other public work or project.
κ1965 Statutes of Nevada, Page 467 (CHAPTER 240, AB 574)κ
or project. When the council decides to set any surplus moneys aside in such a sinking fund the council shall adopt a resolution so setting such surplus moneys aside and defining the objects and purposes of such fund. When once so set aside such sinking fund shall be used only for the purpose or purposes for which it was expressly and specially appropriated.
Sec. 102. Sale of property for unpaid taxes due city: Procedure. All real and personal property levied upon for taxes due the city, if sold by virtue of any judgment for taxes, shall be sold by the officer holding the execution upon the judgment, which shall include the taxes due and all costs. So far as possible the collection of taxes due the city shall be made by the county treasurer in the same manner and time as collection of taxes for state and county purposes and the lien of the city for unpaid taxes shall be enforced by the county treasurer and the property sold for any delinquent taxes due the city in the same manner and with like effect as in the case of delinquent taxes levied for state and county purposes.
Sec. 103. Apportionment of county general road fund; use of money by council.
1. The board of county commissioners of Clark County shall, from time to time, upon the request of the council, apportion to the city such proportion of the general road fund of Clark County as the value of the whole property within the corporate limits of the city, as shown by the latest assessment roll, bears to the whole property of the county, inclusive of the property within the limits of the city.
2. All such moneys so apportioned and received by the city shall be expended upon the streets, alleys and public highways of the city under the direction and control of the council.
Sec. 104. Ordinances embracing revenue laws. The council has full power to pass and enact all ordinances necessary or required to carry into effect the revenue laws in the city and to enlarge, fix and determine the powers and duties of all officers in relation thereto.
Sec. 105. Payment of fines, forfeitures, other moneys into city treasury. All fines and forfeitures for the violation of ordinances and all money collected for licenses or otherwise shall be paid into the city treasury at such times and in such manner as may be prescribed by ordinance.
Sec. 106. Limitations on incurring indebtedness; contracts.
1. Except as otherwise provided in this charter, no debts shall be created, directly or indirectly, nor shall any contract made by or on behalf of the city be valid for any amount exceeding the revenue for the year in which the debt is incurred or the contract made.
2. If any debt is created against the city contrary to the provisions of this charter by the council, such debt, claim or obligation shall be void as against the city or any of its funds, but every councilman knowingly voting in favor of the same shall be held personally liable jointly and severally for the entire debt so made, and shall be deemed guilty of malfeasance in office, and on conviction thereof shall be removed from office.
κ1965 Statutes of Nevada, Page 468 (CHAPTER 240, AB 574)κ
Sec. 107. Councils powers: Officers accounts; contracts; claims against the city.
1. The council has the power:
(a) To examine and audit, reject and allow the accounts of all officers or other persons having the care or custody of any city moneys or property.
(b) Except as otherwise provided in this charter, to make contracts for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made.
(c) Examine all books, papers, reports and statements of the several officers or other persons having custody, care or duty of disbursement of any moneys belonging to the city, and to examine and liquidate all amounts and claims against the city, and to allow or reject the same, or any part thereof.
2. All claims for fees, salaries and 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, in the order in which they are presented and filed. A record of the councils action taken thereon shall be entered in the journal. Upon allowance in whole or in part of any claim by a majority of the whole council, the city clerk shall certify all such claims or portions allowed, as the case may be.
Sec. 108. Municipal water and sewer systems: Fund; use of net profit for general municipal purposes; emergency loans.
1. The municipal water and sewer systems operated by the city prior to its reorganization and reincorporation are hereby continued as is the utility funds fund in the city treasury.
2. The rates for all products and services of such municipally owned and operated utility shall only be established, reduced, altered or increased by ordinance.
3. Separate financial and accounting records shall be kept for each municipally owned and operated utility and prior to February 1 of each year the city manager shall prepare for the council a comprehensive report of each utility.
4. After providing for payment of the costs of maintenance, repairs and other operating expenses and for the amortization of bonds, all or any portion of annual net profits above requirements may, in the discretion of the whole council, be:
(a) Expended for general municipal purposes.
(b) Deposited in a sinking fund in the city treasury for the future extension, replacement and betterment of the systems.
5. If available, moneys in the utility funds fund may be borrowed by the city by an emergency loan effected pursuant to the provisions of NRS 354.410 to 354.460, inclusive.
Sec. 109. Sale, lease, exchange of city-owned land: Procedure; disposition of proceeds.
1. Subject to the provisions of this section, the power heretofore granted to the city by the legislature to sell, lease or exchange real property by the provisions of chapter 27, Statutes of Nevada 1957, chapter 3, Statutes of Nevada 1959, and chapter 202, Statutes of Nevada 1963, is hereby continued with respect to real property in Clark County, Nevada, heretofore or hereafter acquired by the city by patent from the United States of America pursuant to federal law and not required by the city for governmental purposes.
κ1965 Statutes of Nevada, Page 469 (CHAPTER 240, AB 574)κ
chapter 3, Statutes of Nevada 1959, and chapter 202, Statutes of Nevada 1963, is hereby continued with respect to real property in Clark County, Nevada, heretofore or hereafter acquired by the city by patent from the United States of America pursuant to federal law and not required by the city for governmental purposes.
2. It shall be the policy of the council to lease, sell and exchange such real property owned by the city in a manner that will result in the maximum benefit accruing to the city from such leases, sales and exchanges.
3. The city shall sell, lease or exchange real property only by resolution. No lease, sale or exchange of real property belonging to the city shall be made until after it has been appraised by three disinterested appraisers employed by the council. At least one of the appraisers shall be a member of the American Institute of Real Estate Appraisers.
4. Leases, sales and exchanges of city-owned real property shall only be made at or above the current appraised fair market value as determined by the appraisal required by subsection 3. The council may attach any conditions to the sale, lease or exchange of real property owned by the city as may appear to the council to be in the best interest of the city.
5. Following the adoption of a resolution by the council proposing to sell, lease or exchange certain real property as required by subsection 3, the council shall cause a notice of the councils intention to sell, lease or exchange such real property to be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city, if any there be, otherwise in some qualified newspaper published in Clark County and having a general circulation in the city. The notice shall be published at least 30 days prior to the date set by the council for such sale, lease or exchange, and shall state:
(a) The date, time and place of the proposed sale, lease or exchange.
(b) The place where and the time within which applications and deposits shall be made by prospective purchasers or lessees.
(c) Such other information as the council may desire.
6. The council is authorized to sell unimproved real property owned by the city on a time payment basis. The down payment shall be in an amount determined by the council and the interest rate shall be in an amount determined by the council but shall not be less than 6 percent per annum on the declining balance.
7. Notwithstanding the provisions of this section, the council may dispose of any real property belonging to the city to the United States of America, the State of Nevada, Clark County or any other political subdivision of the state at a nominal consideration whenever the public interest requires such a disposition.
8. Proceeds from all sales and exchanges of city-owned real property, after deduction of the cost of the real property, reasonable costs of publication, title insurance, escrow and normal costs of sale, shall be placed in the land fund heretofore created by the city in the city treasury and hereby continued. Except as otherwise provided in subsection 9, the land fund shall be expended only for capital improvements or improvements thereon in the city, as distinguished from operation and maintenance costs.
κ1965 Statutes of Nevada, Page 470 (CHAPTER 240, AB 574)κ
operation and maintenance costs. Revenues received from leases of city-owned real property shall be placed in the land fund if the term of lease is 20 years or longer, whether such 20 years is for an initial term of lease or for an initial term and any option for renewal. Revenue received by the city from all other leases and interest on time payment sales of city-owned real property shall be apportioned in the ratio of 20 percent to current operational expenses of the city, 20 percent to the land fund, and 60 percent divided between the land fund and current operational expenses as may be determined by the council.
9. If available, moneys in the land fund may be borrowed by the city by an emergency loan effected pursuant to the provisions of NRS 354.410 to 354.460, inclusive.
ARTICLE XIX
municipal securities and franchises
Sec. 110. City debt limit. The city shall not issue or have outstanding at any time an indebtedness in an amount in excess of 10 percent of the total assessed valuation of the taxable property within the corporate limits of the city as shown by the last preceding assessment for general (ad valorem) tax purposes, excepting from the operation of this limitation:
1. Warrants or other securities which are payable upon presentation or demand or within 1 year after the date thereof and securities payable from special assessments against benefited property whether issued pursuant to any general or special act, irrespective of whether such special assessment securities may or may not also be payable from general (ad valorem) taxes; and
2. Securities issued pursuant to any general or special act the principal and interest of which is payable solely from any revenues or combination of revenues of the city derived from other than general (ad valorem) taxes.
Sec. 111. Acquisition, operation of municipal utilities, facilities and franchises. The city has the power to grant franchises and to acquire by purchase, installment purchase, construction, reconstruction, lease, option to purchase, lease with option to purchase, gift, grant, endowment, bequest, device, installation, condemnation or in any other manner (or any combination thereof), water, sewer, sewage disposal, light, gas and power systems and any other public utility, city halls, fire stations, engine houses for the fire department, and other necessary public buildings, parks, recreation centers and necessary equipment for departments of the city (such acquisitions hereafter sometimes referred to in this article as the facilities or as the project), and to hold, manage and operate the same either alone or jointly with the Federal Government, the State of Nevada, or any agency, instrumentality or corporation thereof, or any county, municipality or other city, town, unincorporated town, other quasi-municipal district or other political subdivision of the state.
κ1965 Statutes of Nevada, Page 471 (CHAPTER 240, AB 574)κ
Sec. 112. Borrowing money for acquisition of facilities. The council has the power to borrow money from time to time to defray, wholly or in part, the cost of acquiring the facilities, or for any other public purpose as determined by the council, notwithstanding that such purpose is not otherwise enumerated in this charter or any other general or special act, and to issue debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds and notes (hereafter sometimes collectively referred to in this article as securities) to evidence such borrowing.
Sec. 113. Pledges for payment of securities.
1. The council may pledge the full faith and credit of the city for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto.
2. Such securities shall constitute the general obligations of the city payable from the proceeds of general (ad valorem) taxes (hereafter sometimes referred to in this article as tax proceeds) levied without limitation of rate or amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this article as other revenues of the city).
3. Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created additionally to secure their payment.
Sec. 114. Direct pledges of other city revenues.
1. The council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto.
2. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged, and their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine.
3. Securities issued pursuant to this section or section 113 shall not be construed to be a debt within the meaning of any statutory or charter limitation.
Sec. 115. Securities authorized by ordinance; details.
1. Each series of securities shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, shall mature at any time or times from and after such date or dates, but in no event exceeding 35 years thereafter, and shall bear interest at a rate or rates not exceeding 6 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons appertaining to any securities may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance.
κ1965 Statutes of Nevada, Page 472 (CHAPTER 240, AB 574)κ
2. Such securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the state as determined by the council.
3. Such securities, at the option of the council, may be in one or more series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of such securities so redeemed as determined by the council.
Sec. 116. Maturities of general obligation securities. Each series of securities issued pursuant to section 113 shall mature, insofar as practicable, in substantially equal annual installments of principal, or upon an amortization plan for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city; but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or at the option of the council without limitation as to the manner in which they mature.
Sec. 117. Maturities of special obligations. Each series of securities issued pursuant to section 114 may mature without limitation as to time, manner or amount but not exceeding the maximum term heretofore specified.
Sec. 118. Registration of securities. Securities may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon; and the securities generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into securities of other denominations, and with such other details, as may be provided by the council in the ordinance or ordinances authorizing the securities, except as otherwise provided in this article.
Sec. 119. Interim, temporary securities. Pending preparation of the definitive securities, interim or temporary securities, in such form and with such provisions as the council may determine, may be issued.
Sec. 120. Negotiability of securities. Except for payment provisions expressly provided for in this article, the securities, any interest coupons thereto attached, and such interim or temporary securities shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.
Sec. 121. Securities: Details; power of council. Notwithstanding any other provision of law, the council in any proceedings authorizing securities under this article may:
1. Provide for the initial issuance of one or more securities (in this section called bond) aggregating the amount of the entire issue or any portion thereof.
κ1965 Statutes of Nevada, Page 473 (CHAPTER 240, AB 574)κ
2. Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
3. 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.
4. Make provision in any 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 securities of smaller denominations, which securities of smaller denominations may in turn be either coupon securities or securities registrable as to principal, or both principal and interest, or either, at the option of the holder.
Sec. 122. Reissuance of lost, destroyed securities. If lost or completely destroyed, any security may be reissued in the form and tenor of the lost or destroyed security upon the owners furnishing, to the satisfaction of the council.
1. Proof of ownership.
2. Proof of loss or destruction.
3. A surety bond in twice the face amount of the security and coupons.
4. Payment of the cost of preparing and issuing the new security.
Sec. 123. Execution of securities. Any security shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the city treasurer or financial officer of the city, with the seal of the city affixed thereto and attested by the city clerk.
Sec. 124. Interest coupons. Except for such securities which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the securities and shall bear the original or facsimile signature of the treasurer.
Sec. 125. Facsimile signatures; legal effect. Any of the officers specified in section 123, 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 security or coupon authorized in this article, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
Sec. 126. Facsimile seal; legal effect.
1. The city clerk may cause the seal of the city to be printed, engraved, stamped or otherwise placed in facsimile on any security.
2. The facsimile seal has the same legal effect as the impression of the seal.
Sec. 127. Validity of securities when officers cease to hold office. The securities 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 city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
κ1965 Statutes of Nevada, Page 474 (CHAPTER 240, AB 574)κ
Sec. 128. Adoption of facsimile signatures. Any officer by this article authorized or permitted to sign any security, 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 security or coupons pertaining thereto, or upon both the security and such coupons.
Sec. 129. Recitals in securities; printing. The securities shall otherwise be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details as may be determined by the ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.
Sec. 130. Covenants; other provisions in securities. Any ordinance authorizing the issuance of securities pursuant to sections 113 or 114 or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred by this article), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:
1. The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of any revenue-producing project, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.
2. The acquisition, improvement or equipment of all or any part of any revenue-producing project.
3. The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.
4. A fair and reasonable payment by the city from its general fund or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.
5. The purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof.
6. The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any revenues pledged for the payment of securities and the creation of future liens and encumbrances thereagainst, and limitations thereon.
κ1965 Statutes of Nevada, Page 475 (CHAPTER 240, AB 574)κ
7. The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the city.
8. The determination or definition of revenues from any revenue-producing project or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.
9. The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.
10. Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project authorized in this article.
11. The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.
12. Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.
13. The vesting in a corporate or other trustee or trustees of such property rights, powers and duties in trust as the city may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
14. The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.
15. The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of securities may be amended or abrogated, the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.
16. Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.
17. The terms and conditions upon which the holders of the securities or any portion, percentage or amount of them may enforce any covenants or provisions made under this article or duties imposed thereby.
18. The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the revenue-producing project, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the city itself might do.
κ1965 Statutes of Nevada, Page 476 (CHAPTER 240, AB 574)κ
19. A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.
20. The terms and conditions upon which any or all of the securities 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.
21. All such acts and things as may be necessary or convenient or desirable in order to secure the citys securities, or in the discretion of the council tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated in this article, it being the intention of this article to give the city power to do all things in the issuance of securities and for their security except as specifically limited in this article.
Sec. 131. Sale of securities; discounts, commissions prohibited.
1. The council is authorized to sell such securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, and for not less than the principal amount thereof and accrued interest to the date of delivery.
2. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly; but the council may employ legal, fiscal, engineering and other expert services in connection with the authorization, issuance and sale of such securities.
Sec. 132. Election required prior to issuance of securities. The question of the issuance of such securities shall be submitted to, and carried by a majority vote of, both the real property owners and their spouses and also the other registered voters of the city voting thereon at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.020 to 350.070, inclusive, and the general laws of the state insofar as the same may be applicable.
Sec. 133. Franchises.
1. Before granting any franchise the council shall first adopt a resolution which shall set forth fully, and in detail, the applicant for, the purpose and character of, terms, time and conditions of the proposed franchise. Such resolution shall be published in full in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city, if any there be, otherwise in some qualified newspaper published in Clark County and having a general circulation in the city, for at least two publications in the 2 weeks succeeding its adoption.
2. On the first regular meeting of the council, after the expiration of the period of such publication, the council shall proceed to pass an ordinance for the granting of the franchise; but such franchise shall be granted only on substantially the same terms and conditions as expressed in the resolution as published. Otherwise such ordinance shall be void.
κ1965 Statutes of Nevada, Page 477 (CHAPTER 240, AB 574)κ
ARTICLE XX
local improvements
Sec. 134. Legislative declaration. It is hereby declared as a matter of legislative determination:
1. That providing for the city 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 article is a result of the large population growth and intense residential, commercial and industrial development in the city and of the ensuing need for extensive local improvements therein.
4. That the legislature recognizes the duty of the city of Henderson as an instrument of state government to meet adequately the needs for such facilities within its boundaries.
5. That for the accomplishment of these purposes, the provisions of this article 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 article.
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. 135. Decision of council final. The action and decision of the council as to all matters passed upon by it in relation to any action, matter or thing provided herein shall be final and conclusive in the absence of fraud.
Sec. 136. Definitions. Except where the context otherwise requires, the definitions in sections 137 to 180, inclusive, govern the construction of this Article XX of the charter.
Sec. 137. Acquisition, acquire defined. 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. 138. Assessable property defined. Assessable property means the tracts of land specially benefited by any project the cost of which is wholly or partly defrayed by the city by the levy of assessments, except any tract owned by the Federal Government, the city 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 478 (CHAPTER 240, AB 574)κ
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. 139. Assessment, assess defined. 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 council, 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 council, as provided in section 181.
Sec. 140. Assessment lien defined. Assessment lien means a lien on a tract created by ordinance of the city to secure the payment of an assessment levied against that tract, as provided in section 193.
Sec. 141. Assessment unit defined. Assessment unit means a unit or quasi-improvement district designated by the council for the purpose of petition, remonstrance and assessment, in the case of a combination of projects pursuant to section 187.
Sec. 142. Clerk defined. Clerk means the city clerk upon whom is delegated by law general responsibility for the maintenance of the records of the city.
Sec. 143. Condemnation, condemn defined. 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. The city may exercise in the state the power of eminent domain, either within or without the city, 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 city now or hereafter used. The power of eminent domain vested in the council shall include the power to condemn, in the name of the city, either the fee simple or any lesser estate or interest in any real property which the council 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. 144. Cost, cost of project defined. Cost or cost of the project, or words of similar import, means all or any part designated by the council of the cost of any facilities, project, or interest therein, being acquired, which cost, at the option of the council 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 city 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 council.
κ1965 Statutes of Nevada, Page 479 (CHAPTER 240, AB 574)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 council.
Sec. 145. County defined. County means Clark County, Nevada.
Sec. 146. County assessor defined. County assessor means the county assessor of Clark County, Nevada.
Sec. 147. County treasurer defined. County treasurer means the county treasurer of Clark County, Nevada.
Sec. 148. Curb and gutter project defined. 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. 149. Drainage project defined. 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. 150. Engineer defined. Engineer means the director of the department of public works or any competent engineer or firm of engineers employed by the city in connection with any facility, property, project or power herein authorized.
Sec. 151. Equipment, equip defined. 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. 152. Federal Government defined. Federal Government means the United States of America, or any agency, instrumentality or corporation thereof.
Sec. 153. Hereby, herein, hereunder defined. Hereby, herein, hereinabove, hereinafter, hereinbefore, hereof, hereto, and hereunder refer to Article XX of this charter and not solely to the particular portion thereof in which such word is used.
Sec. 154. Improvement, improve defined. 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. 155. Improvement district defined. Improvement district means the geographical area within the city designated and delineated by the council, 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 480 (CHAPTER 240, AB 574)κ
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 city.
Sec. 156. Mailed notice, notice by mail defined. Mailed notice or notice by mail means the giving by the engineer, clerk, or any deputy thereof, as determined by the council, 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 addressed by deposit, at least 10 days prior to the designated hearing or other time or event, in the United States mails, postage prepaid, as first-class mail. In the absence of fraud the failure to mail any such notice shall not invalidate any assessment nor any other proceedings hereunder. 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 city at least until all assessments and bonds appertaining thereto have been paid in full, or any claim is barred by a statute of limitations.
Sec. 157. Member defined. Member means a councilman.
Sec. 158. Offstreet parking project defined. Offstreet parking project means parking facilities for the parking of motor vehicles off the public streets, including graded, regarded, 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. 159. Overpass project defined. 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. 160. Park project defined. Park project means real property, facilities and equipment for parks, including without limitation graded, regarded, graveled, surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, auditoriums, arenas, zoo facilities, golf course facilities, clubhouses, tennis courts, swimming pools, bathhouses, horseshoe pits, ball fields, boating facilities, swings, slides, other playground equipment, and other recreational facilities, and all appurtenances and incidentals necessary, useful or desirable for any such park property, facilities and equipment.
κ1965 Statutes of Nevada, Page 481 (CHAPTER 240, AB 574)κ
ball fields, boating facilities, swings, slides, other playground equipment, and other recreational facilities, and all appurtenances and incidentals necessary, useful or desirable for any such park property, facilities and equipment.
Sec. 161. Person defined. Person means any human being, association, partnership, firm or corporation, excluding any public body and the Federal Government.
Sec. 162. Posting defined. Posting means posting in three public places at or near the site of the project designated at least 10 days prior to the designated hearing or other time or event.
Sec. 163. Project defined. Project means any structure, facility, undertaking or system which the city is herein authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property.
Sec. 164. Property defined. Property means real property and personal property.
Sec. 165. Public body defined. Public body means the State of Nevada, or any agency, instrumentality, or corporation thereof, or any unincorporated town, incorporated city, county, school district, other type district, or any other subdivision of the state, excluding the Federal Government.
Sec. 166. Publication, publish defined. Publication or publish means publication in at least one newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city, if any there be, otherwise in some qualified newspaper published in Clark County and having a general circulation in the city, 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. 167. Real property defined. 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. 168. Sanitary sewer project defined. Sanitary sewer project means facilities appertaining to the city 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 482 (CHAPTER 240, AB 574)κ
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. 169. Sidewalk project defined. 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. 170. State defined. State means the State of Nevada, or any agency, instrumentality or corporation thereof.
Sec. 171. Storm sewer project defined. Storm sewer project means facilities appertaining to the city 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. 172. Street defined. 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. 173. Street project defined. 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, street name signs, and all appurtenances and incidentals (or any combination thereof), including real and other property therefor.
Sec. 174. Taxes defined. Taxes means general (ad valorem) taxes pertaining to any project herein authorized.
Sec. 175. Tract defined. 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 483 (CHAPTER 240, AB 574)κ
Sec. 176. Treasurer defined. Treasurer means the city treasurer or financial officer of the city upon whom is delegated by law general responsibility for the maintenance of the moneys and other funds of the city.
Sec. 177. Underpass project defined. 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. 178. Water project defined. Water project means facilities appertaining to the city 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. 179. Computation of time. 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. 180. Rules of construction. 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. 181. General powers of city. The council, upon behalf of the city 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 city, or both within and without the city:
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;
κ1965 Statutes of Nevada, Page 484 (CHAPTER 240, AB 574)κ
8. A storm sewer project;
9. A street project;
10. An underpass project; and
11. A water project.
Sec. 182. Collateral powers. The council, upon behalf of the city 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 city 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 city, 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 citys 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 city is created thereby, and provided no property (excluding money) of the city is liable to be forfeited or taken in payment of such bonds.
Sec. 183. Initiating procedure. 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. 184. Provisional order method.
1. Whenever the council is of the opinion that the interest of the city requires any project, the council, 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. 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.
κ1965 Statutes of Nevada, Page 485 (CHAPTER 240, AB 574)κ
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 council shall examine the same; and if the plans and plat be found to be satisfactory, the council shall make a provisional order by resolution to the effect that such project shall be acquired or improved, or both acquired and improved.
Sec. 185. Petition method. 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 council is authorized to initiate, subject to the following limitations:
1. The council may incorporate such project in any improvement district or districts.
2. The council need not proceed with the acquisition of any such project or any part thereof after holding a hearing thereon, pursuant to section 189, and all provisions thereof thereunto enabling, if the council determines 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 council determines that such is not for the public interest.
κ1965 Statutes of Nevada, Page 486 (CHAPTER 240, AB 574)κ
4. The council need not take any proceedings or action upon receiving any such petition, if the council thereupon determines 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 council probably to be sufficient to defray the expenses and costs incurred by the city 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 city of a notice of the resolutions adoption and of its content in summary form. An additional deposit or pledge may from time to time be similarly so required as a condition precedent to the continuation of action by the city. Whenever such deposit or pledge is so made and thereafter the council determines that such acquisition is not feasible within the reasonable period of time, the council may require that all or any portion of the costs theretofore incurred in connection therewith by the city 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. 186. Subsequent procedure. Upon the filing of such a petition, the council shall proceed in the same manner as is provided for hereby where proceedings are initiated by the council, except as otherwise expressly provided or necessarily implied in section 185.
Sec. 187. Combination of projects.
1. More than one project may be combined in one improvement district when the council 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 council 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. 188. Effect of estimates.
1. Any estimate of cost required or authorized herein shall not constitute a limitation upon such costs nor a limitation upon the rights and powers of the council or of any officers, agents or employees of the city, except as herein otherwise expressly stated.
κ1965 Statutes of Nevada, Page 487 (CHAPTER 240, AB 574)κ
2. No assessment, however, shall exceed the amount of the estimate of maximum special benefits to the tract assessed from any project.
Sec. 189. Provisional order hearing: Notice.
1. In the provisional order the council 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 council and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered, as to:
(a) The estimated cost thereof.
(b) The estimated amount thereof to be assessed against each tract in the improvement district.
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 city until all the assessments appertaining thereto 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 council 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 488 (CHAPTER 240, AB 574)κ
(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 council 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 city shall pay one-half or more of the total cost of the project with funds derived from other than the levy or 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 council 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 council in its sole discretion, deems such written complaints, protests of 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 189, unless either or both exceptions are determined by the council 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 council at any time prior to the passage of the ordinance adopted pursuant to section 193, 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 489 (CHAPTER 240, AB 574)κ
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. 190. Provisional order hearing.
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 council, or present them orally, and the council 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 council shall consider the arguments, if any, and any other relevant material put forth.
3. Thereafter, if the council determines that it is not for the public interest that the proposed project, or a part thereof, be made, the council 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 against until the adoption of a new resolution.
4. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings and 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. 191. Appeal from adverse order. Any person filing a written complaint, protest or objection as provided in section 190 shall have the right, within 30 days after the council has finally passed on such complaint, protest or objection by resolution as provided in subsection 3 of section 190, or by ordinance as provided in subsection 1 of section 193, 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. 192. Post-hearing procedure.
1. After the hearing, after the council has disposed of all complaints, protests and objections, verbal and in writing, and after the council has determined that there exists either or both exceptions stated in subparagraphs (1) and (2) of paragraph (b) of subsection 7 of section 189, 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 council has jurisdiction to proceed, the council shall determine whether to proceed with the improvement district, and with each assessment unit, if any, except as herein otherwise provided.
2. If the council desires to proceed and desires any modification, by motion or resolution it shall direct the engineer to prepare and present to the council:
κ1965 Statutes of Nevada, Page 490 (CHAPTER 240, AB 574)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 council 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. 193. Creation of district.
1. When an accurate estimate of costs, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the council, 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 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 city.
4. The ordinance, as amended, if amended, shall order the work to be done as hereinafter provided.
Sec. 194. Methods of acquisition or improvement.
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 city-owned or leased equipment and city 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 city and in special benefits to the assessable property being assessed therefor by the city within its boundaries.
κ1965 Statutes of Nevada, Page 491 (CHAPTER 240, AB 574)κ
or improving a project or any interest therein which is herein authorized, which results in general benefits to the city and in special benefits to the assessable property being assessed therefor by the city 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 194 nor in sections 195 to 197, inclusive, hereof shall be applicable.
3. Notwithstanding a project herein authorized or any interest therein may not be owned by the city nor be directly acquired or improved, nor the costs thereof directly incurred, by the city, 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 city, the city 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 city), pursuant to agreement between or among the city 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 city and in special benefits to the assessable property being assessed therefor by the city 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 citys share of such costs if all costs are not being defrayed by the city.
(c) To issue bonds and to exercise other powers herein granted and appertaining to such acquisition or improvement, or both.
Sec. 195. Construction contracts.
1. No contract for doing construction work for acquiring or improving the project contemplated shall be made or awarded, nor shall the council 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 council from advertising by publication for proposals for doing the work whenever the council 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 city shall request competitive bids and publish notice stating that bids will be received at a time and place designated therein.
4. The city may contract only with the responsible bidder submitting the lowest and best bid upon proper terms.
κ1965 Statutes of Nevada, Page 492 (CHAPTER 240, AB 574)κ
5. The city shall have the right to reject any and all bids and to waive any irregularity in any bid.
6. Any contract may be let on a lump sum or on a unit basis.
7. No contract shall be entered into for such work unless the contractor gives an undertaking with a sufficient surety or sureties approved by the council and in an amount fixed by it for the faithful performance of the contract.
8. Upon default in the performance of any contract, any designated official, as directed by motion of the council, 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 city will pay for all materials furnished 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 is 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 city.
11. To the extent the city 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 city elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.
12. The council, 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 council to be advantageous to the city and to all interested.
Sec. 196. Construction by city.
1. In the case of construction work done by the use of city-owned or leased equipment and city 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 city for any improvement district costing $500 or more shall be purchased only after the city has given notice by publication therefor.
3. The city shall accept the lowest bid, kind, quality and material being equal, but the city 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.
4. The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by manufacturers authorized dealer.
Sec. 197. Cooperative construction.
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 city 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 city may deem desirable or as may be requested by the Federal Government or any public body other than the city which other public body is a party to any such contract with the city, that may assist in the financing of any project or any part thereof, regardless of whether the city is a party to any construction contract or other contract appertaining to incurring costs of the project.
κ1965 Statutes of Nevada, Page 493 (CHAPTER 240, AB 574)κ
or more public bodies or the Federal Government, or both, for any project, or portion thereof, in any improvement district, the city 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 city may deem desirable or as may be requested by the Federal Government or any public body other than the city which other public body is a party to any such contract with the city, that may assist in the financing of any project or any part thereof, regardless of whether the city 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 city 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 city 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. 198. Use of existing improvements. 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. 199. Interim warrants.
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 council 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 council 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 council pledges the full faith and credit of the city, 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 council by ordinance.
κ1965 Statutes of Nevada, Page 494 (CHAPTER 240, AB 574)κ
credit of the city, 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 council by ordinance.
Sec. 200. Order for proposed assessment roll; form of roll.
1. After the making of any construction contract, or after the determination of the net cost to the city, but not necessarily after the completion of the project, the council, 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 council need not necessarily be governed by the estimates of the costs of such project provided for herein, but the council 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. 201. Method of computing and limitations upon assessments.
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 188.
κ1965 Statutes of Nevada, Page 495 (CHAPTER 240, AB 574)κ
5. No assessment for any one project shall exceed the reasonable market value of the tract assessed, as determined by the council.
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 201 shall be defrayed by other than the levy of assessments.
Sec. 202. Determination of assessable tracts. The council 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 council 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. 203. Preparation of proposed roll.
1. Upon receiving the copy of the resolution mentioned in section 200, 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 council.
2. When any assessment is reported by the engineer to the council, 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 Clark |
} |
ss. |
To the City Council of the City of Henderson, Clark 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. 204. Notice of assessment hearing.
1. Upon receiving the assessment roll, the council, 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 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 council 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 496 (CHAPTER 240, AB 574)κ
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 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. 205. Assessment hearing.
1. At the time and place so designated, the council shall hear and determine any written complaint, protest or objection, filed as provided in section 204, any verbal views expressed in respect to the proposed assessments, assessment roll or assessment procedure, and the council may adjourn the hearing from time to time.
2. The council, 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. 206. Levy of assessments.
1. After the assessment roll is in final form and is so confirmed by resolution, the city 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 council 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. 207. Appeal of adverse determination.
1. Within the 15 days immediately succeeding the publication 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. 208. Railroad assessments. The council has power to assess, against the property of any railroad or street railroad occupying or abutting any street ordered to be improved, the whole cost of the street improvements between or under the rails and tracks of the roadbed or street railroad, and 2 feet on each side of the track or tracks, and has power by ordinance to levy an assessment upon the property of the railroad or street railroad, including its roadbed, ties, rails, fixtures, chattels, rights and franchises, which shall constitute an assessment lien, which may be enforced either by foreclosure of the lien and sale of the property in the manner provided by law for taxes or by suit against the owner.
κ1965 Statutes of Nevada, Page 497 (CHAPTER 240, AB 574)κ
railroad or street railroad, including its roadbed, ties, rails, fixtures, chattels, rights and franchises, which shall constitute an assessment lien, which may be enforced either by foreclosure of the lien and sale of the property in the manner provided by law for taxes or by suit against the owner.
Sec. 209. Assessment for street intersections.
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 council 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 209 upon the basis determined without any separate assessment for intersection costs.
Sec. 210. Thirty-day payment period; deferred payments.
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 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 elected 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. The 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.
κ1965 Statutes of Nevada, Page 498 (CHAPTER 240, AB 574)κ
principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
Sec. 211. Acceleration upon delinquency.
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 city, 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. 212. Limitations upon deferred payments.
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 council 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 council 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 city 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. 213. Assessment liens.
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.
κ1965 Statutes of Nevada, Page 499 (CHAPTER 240, AB 574)κ
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 becomes due.
Sec. 214. Division of tract.
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 council 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 tract shall be according to such subdivision.
Sec. 215. Surpluses and deficiencies.
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 city.
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. 216. Reassessments.
1. Whenever any assessment is, in the opinion of the council, 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 council 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. 217. Credits for prior assessment. 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. 218. Collection of assessments.
1. When any assessment is so levied by ordinance and is payable, the council shall direct the clerk:
(a) The 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 213.
κ1965 Statutes of Nevada, Page 500 (CHAPTER 240, AB 574)κ
4. When such amount is collected, it shall be credited to the proper funds.
5. Nothing herein shall be construed as preventing the city from collecting any assessment by suit in the name of the council; 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. 219. Procedure to place previously omitted property upon assessment roll.
1. Whenever by mistake, inadvertence or for any cause any tract otherwise subject to assessment, within any improvement district, has been omitted from the assessment roll for such project, the council 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 council 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 council at a time specified in such resolution and present their objection thereto, and directing the engineer to report to the council 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 council 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. 220. Validity of local improvement assessment.
1. Whenever the council has made any contract for any project provided herein or hereafter makes 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 hereafter acts in good faith and without fraud, the contract and assessment shall be valid and enforcible 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 has been confirmed by the council.
(c) The assessment is based upon an improper basis of benefits to the tract within such improvement district, unless it is made to appear that the council acted fraudulently or oppressively in making such assessment.
κ1965 Statutes of Nevada, Page 501 (CHAPTER 240, AB 574)κ
the tract within such improvement district, unless it is made to appear that the council acted fraudulently or oppressively in making such assessment.
3. All assessments heretofore or hereafter made which are made by the council in good faith are hereby declared to be valid and in full force and effect, and to be collectible in the manner which is now or may hereafter be provided by law for the collection of assessments for the purposes specified in this section.
Sec. 221. Payment of assessments by joint owner. Whenever any assessment, or installment thereof, is paid, or any delinquency therefore is redeemed, or any judgment therefor is paid by any joint owner of 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. 222. Assessment paid in error. Whenever, through error or inadvertence, any person pays 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. 223. Judgment of court. 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 city 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. 224. Bonds. The council likewise has 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. 225. Recital of compliance. If any improvement district bonds or any deed made pursuant to a foreclosure sale recites 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. 226. Issuance of bonds.
1. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the council to defray the cost of the project, including all proper incidental expenses.
2. Bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the council, below par at a discount not exceeding 7 percent of the principal amount thereof and at a price which will not result in a net interest cost to the city of more than 7 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 council has been capitalized as a cost of the project.
κ1965 Statutes of Nevada, Page 502 (CHAPTER 240, AB 574)κ
to maturity according to standard tables of bond values if the maximum or any lesser amount of discount permitted by the council has 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 council 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 council 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 city or any of its officers, agents and employees.
10. The council may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the council so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the council 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 council has not elected to proceed under subsection 2 or 3 of section 194, but has elected to proceed under subsection 1 thereof.
11. If the council 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 189, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.
Sec. 227. Fund for bond payment. 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 210 and applied directly to the costs of the project.
κ1965 Statutes of Nevada, Page 503 (CHAPTER 240, AB 574)κ
purpose until the bonds and interest thereon are fully paid, except for the assessments paid during the 30-day payment period provided in section 210 and applied directly to the costs of the project.
Sec. 228. Deficiency in bond fund.
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 city.
2. If the general fund is insufficient to pay any such deficiency promptly, the council shall levy, and it shall be its duty to levy, general (ad valorem) taxes upon all property in the city which is by law taxable for state, county and city purposes, without regard to any 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. 229. Citys liability on bonds.
1. Bonds issued pursuant hereto shall not be a debt of the city, and the city 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 city, except for the assessments and general tax proceeds pledged for the payment of bonds. No property of the city, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.
Sec. 230. Incontestable recital in bonds.
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 impact 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. 231. Maximum bond interest rate. Assessment bonds shall not bear interest at a rate or rates exceeding 7 percent per annum.
Sec. 232. Bond details.
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;
κ1965 Statutes of Nevada, Page 504 (CHAPTER 240, AB 574)κ
(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 council, 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 council 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 council 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 council, 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 payment of interest on such bond.
(d) Make provision in any 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 owners furnishing, to the satisfaction of the council:
(a) Proof of ownership.
(b) Proof of loss or destruction.
κ1965 Statutes of Nevada, Page 505 (CHAPTER 240, AB 574)κ
(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 city and signed by the mayor, countersigned by the clerk, with the seal of the city affixed thereto.
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 clerk.
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 city 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 city, 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. 233. Tax exemptions. 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. 234. Early hearings.
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. 235. Correction of faulty notices. In any case where a notice is provided for herein, if the council or court finds for any reason that due notice was not given, the council or court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated, but the council 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. 236. Legal investments in bonds. 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.
κ1965 Statutes of Nevada, Page 506 (CHAPTER 240, AB 574)κ
ARTICLE XXI
elections
Sec. 237. Primary municipal election.
1. A primary municipal election shall be held in the city on the 1st Tuesday after the 1st Monday in May 1965, and on the 1st Tuesday after the 1st Monday in May of every year thereafter in which a general municipal election is to be held, at which time there shall be nominated candidates for offices to be voted for at the next general municipal election.
2. A candidate for any office to be voted for at:
(a) The primary municipal election to be held on the 1st Tuesday after the 1st Monday in May 1965 shall file an affidavit of candidacy with the city clerk between 9 a.m. on April 5, 1965, and 5 p.m. on April 16, 1965. An affidavit of candidacy filed by a person with the city clerk between March 5, 1965 and April 4, 1965, pursuant to the provisions of NRS 266.623 is void.
(b) A primary election held after the 1st Monday in May 1965 shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the primary municipal election.
The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee in an amount fixed by the council by ordinance. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
3. All candidates shall be voted upon by the registered voters of the city at large.
4. If in the primary municipal election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate his name alone shall be placed on the ballot for the general municipal election. If in the primary municipal election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes shall be placed on the ballot for the general municipal election.
Sec. 238. General municipal election.
1. A general municipal election shall be held in the city on the 1st Tuesday after the 1st Monday in June 1965, and on the same day every 2 years thereafter, at which time there shall be elected such elective city officers, the offices of which are required next to be filled by election.
2. All candidates at the general municipal election shall be voted upon by the registered voters of the city at large.
Sec. 239. Applicability of state election laws; elections under council control.
1. All elections held under this charter shall be governed by the provisions of the election laws of this state, so far as the same can be made applicable and which are not inconsistent herewith.
2. The conduct and carrying on of all city elections shall be under the control of the council.
κ1965 Statutes of Nevada, Page 507 (CHAPTER 240, AB 574)κ
the control of the council. For the conduct of city elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the council shall adopt by ordinance all regulations which it considers desirable, consistent with law and this charter.
Sec. 240. Qualifications, registration of voters.
1. Every person who resides within the exterior boundaries of the city at the time of holding any city election, and whose name appears upon the official register of voters in and for the city, shall have the right to vote at each city election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special city elections, except as otherwise provided in this chapter.
2. Nothing herein shall be so construed as to deny or abridge the power of the council to provide for a supplemental registration.
Sec. 241. Names on ballots. The full names of all candidates, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates legal names is allowed and nicknames may be printed on the official ballots. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot.
Sec. 242. Ballots for ordinances and charter amendments. An ordinance or charter amendment to be voted on by the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: Shall the above-described (ordinance) (amendment) be adopted? Immediately below such question shall appear, in the following order, the words yes and no and to the left of each a square in which by making a cross (X) the voter may cast his vote.
Sec. 243. Availability of list of registered voters. If for any purpose relating to a city election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall either permit the organization, group or person to copy the voters names and addresses from the official register of voters or furnish such a list.
Sec. 244. Watchers and challengers. A candidate shall be entitled, upon written application to the election authorities at least 5 days before the election, to appoint two persons to represent him as watchers and challengers at each polling place where voters may cast their ballots for him. A person so appointed shall have all the rights and privileges prescribed by watchers and challengers by or under the election laws of this state. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.
Sec. 245. Voting machines. The council may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law or regulations of the secretary of state.
κ1965 Statutes of Nevada, Page 508 (CHAPTER 240, AB 574)κ
Sec. 246. Election returns; canvass; certificates of election; entry of officers upon duties.
1. The election returns from any special, primary or general municipal election shall be filed with the city clerk, who shall immediately place the same in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with the same until canvassed by the council.
2. The council shall meet within 5 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the council.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first regular meeting of the council next succeeding that in which the canvass of returns was made as provided in subsection 2.
Sec. 247. Contest of election. A contested election for any city office shall be determined according to the law of the state regulating proceedings in contested elections in county offices.
ARTICLE XXII
personnel and civil service
Sec. 248. Civil service system; merit plan.
1. During the 6-month period from the effective date of this charter until the system of civil service herein created becomes effective, every full-time employee of the city irrespective of his length of service may continue in employment subject to discharge for cause by the head of his department. Any such employee so discharged within such 6-month period may appeal to the council by filing a written request for a hearing with the city clerk within 15 days from the date of discharge. Within 15 days after the written request for a hearing is filed with the city clerk the council shall hear the discharged employee. Council action following the hearing shall be determined by a majority of the whole council.
2. Each full-time employee of the city whose position will be subject to the civil service system who has been in the continuous employment of the city for 6 months or longer immediately prior to the date the civil service system becomes effective and who is otherwise qualified shall be entered in the civil service system in the equivalent position, grade or rank held by him on the date the civil service system becomes effective and all of his prior continuous service with the city shall be credited to him for the purposes of civil service.
3. A system of civil service, effective 6 months after the effective date of this charter, is hereby created for the city. The system is applicable to and governs all city employees except elected officers, the city manager, heads of departments and other appointive officers.
κ1965 Statutes of Nevada, Page 509 (CHAPTER 240, AB 574)κ
4. The system of civil service shall be based upon a personnel administration merit plan containing fundamental conditions of public service and the basic rates, duties and obligations of city employees.
5. All appointments and promotions of city employees to which the system is applicable shall be made solely on the basis of merit and fairness demonstrated by examination or other evidence of competence.
Sec. 249. Civil service board: Appointment; qualifications; compensation.
1. There is created in the city government a civil service board consisting of three members appointed by the council. After the effective date of his charter the council shall appoint one member for a term of 1 year, one member for a term of 2 years and one member for a term of 3 years. Thereafter appointments shall be made for terms of 3 years.
2. Members of the civil service board shall:
(a) Be residents of the city.
(b) Hold no other city office and shall not be employed by the city.
(c) Serve without compensation, but they shall be entitled to receive such expenses as are necessarily incurred in the performance of their duties as members of the board.
3. Necessary clerical staff and assistance shall be provided the civil service board by the personnel director.
Sec. 250. Personnel director: Duties; rules.
1. Except as otherwise provided in this subsection, the city manager shall be the personnel director for the city and shall administer the personnel system of the city. With the concurrence of a majority of the full council the city manager may appoint a personnel director for the city.
2. Within 6 months after the effective date of this charter the city manager shall prepare personnel rules and refer such rules to the civil service board. The civil service board shall report its recommendations concerning such rules to the city manager. After review, the city manager shall submit the proposed rules to the council, who shall adopt them, with or without amendment, by ordinance. The rules shall become effective 6 months after the effective date of this charter.
3. Amendments to such rules may be adopted by the procedure described in subsection 2.
Sec. 251. Scope of personnel rules. The personnel rules shall, without limitation, provide for:
1. The classification of all city positions, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position whenever warranted by changed circumstances.
2. A pay plan for all city positions.
3. Methods for determining the merit and fitness of candidates for appointment or promotion.
4. The policies and procedures regulating reduction in force and the removal of employees.
5. The hours of work, attendance regulations and provisions for sick and vacation leave.
κ1965 Statutes of Nevada, Page 510 (CHAPTER 240, AB 574)κ
6. The policies and procedures governing persons holding provisional appointments.
7. The policies and procedures governing relationships with employee organizations.
8. The policies regarding in-service training programs.
9. Grievance proceedings, including procedures for the hearing of grievances by the civil service board. In hearing grievances the civil service board has the power to examine witnesses under oath and to compel their attendance and production of evidence before it by subpena. The civil service board may render advisory opinions based upon its findings to the city manager, and shall provide the aggrieved employee with a copy of such opinion. The aggrieved employee shall have a right to appeal to the council. No disciplinary action such as dismissal, suspension or reduction in job classification shall be ordered by the council except by a majority vote of the full council.
Sec. 252. Officers oaths of office. All officers of the city, elective and appointive, shall take and subscribe to the official oath of office.
Sec. 253. Compensation of elective, appointive officers and employees; residence.
1. Salaries and other compensation shall be fixed and regulated in the case of:
(a) Elective officers of the city by ordinance.
(b) Appointive officers, including heads of departments, by resolution of the council.
(c) Other city employees by motion of the council.
2. Except as otherwise provided in this charter, all appointive officers and heads of departments shall reside within the city during the terms of their employment.
Sec. 254. Malfeasance in office; disqualification to hold city office.
1. Any willful misconduct in office, or any willful violation of any of the provisions of this charter, or of the provisions of any ordinance, or any willful failure to comply therewith by any elective or appointive officer of the city shall be deemed malfeasance in office, and any person guilty thereof shall be proceeded against in the same manner as is prescribed by the laws of this state relative to proceedings and prosecutions against district, county and township officers, for misconduct in office.
2. Any such officer found guilty shall forever after be disqualified to hold any office under the city government.
ARTICLE XXIII
initiative and referendum; charter amendments
Sec. 255. General authority.
1. The registered voters of the city have power to propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without change in substance, to adopt or reject it at a municipal election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees.
κ1965 Statutes of Nevada, Page 511 (CHAPTER 240, AB 574)κ
budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees.
2. The registered voters of the city have power to require reconsideration by the council of any adopted ordinance, and, if the council fails to repeal an ordinance so reconsidered, to approve or reject it at a municipal election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes.
Sec. 256. Commencement of proceedings; petitioners committee; petitions.
1. Any five registered voters of the city may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners committee is filed the city clerk shall issue the appropriate petition blanks to the petitioners committee.
2. Initiative petitions must be signed by registered voters of the city equal in number to 15 percent or more of the voters who voted at the last preceding general municipal election.
3. Referendum petitions must be signed by registered voters of the city equal in number to 10 percent or more of the voters who voted at the last preceding general municipal election.
4. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.
5. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
Sec. 257. Procedure after filing.
1. Within 20 days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners committee by registered mail. A petition shall not be certified insufficient for lack of the required number of valid signatures if, in the absence of other proof of disqualification, any signature or signatures on the face thereof do not exactly correspond with the signatures appearing on the official register of voters and the identity of the signer can be ascertained from the face of the petition. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners committee files a notice of intention to amend it with the city clerk within 2 days after receiving the copy of his certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of such certificate.
κ1965 Statutes of Nevada, Page 512 (CHAPTER 240, AB 574)κ
committee files a notice of intention to amend it with the city clerk within 2 days after receiving the copy of his certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections 4 and 5 of section 256, and within 5 days after it is filed the city clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners committee by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners committee does not elect to amend or request council review under subsection 2 of this section within the time required, the city clerk shall promptly present his certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition.
2. If a petition has been certified insufficient and the petitioners committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within 2 days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the councils determination shall then be a final determination as to the sufficiency of the petition.
3. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.
Sec. 258. Referendum petitions; suspension of effect of ordinance. When a referendum petition is filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect or continuing in effect. Such suspension shall terminate when:
1. There is a final determination of insufficiency of the petition; or
2. The council repeals the ordinance; or
3. Thirty days have elapsed after a vote of the city on the ordinance.
Sec. 259. Action on petitions.
1. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article VI or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the registered voters of the city.
2. The vote of the city on a proposed or referred ordinance shall be held not less than 30 days and not later than 1 year from the date of the final council vote thereon. If no regular municipal election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such primary or general municipal election, except that the council may in its discretion provide for a special election at an earlier date within the prescribed period.
κ1965 Statutes of Nevada, Page 513 (CHAPTER 240, AB 574)κ
the same time as such primary or general municipal election, except that the council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.
3. An initiative or referendum petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least 4 members of the petitioners committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.
Sec. 260. Results of election.
1. If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
2. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.
Sec. 261. Amendment of charter: Proposals by council and voters. Amendments to this charter:
1. May be made by the legislature.
2. May be proposed and submitted to the registered voters of the city by a majority of the whole council, and shall be so submitted upon petition signed by registered voters of the city equal in number to 10 percent or more of the voters who voted at the last preceding general municipal election, setting forth the proposed amendments, which submission shall be made at the next general municipal election.
ARTICLE XXIV
transitional provisions
Sec. 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 as established by the county clerk of Clark County, Nevada, pursuant to law.
(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.
κ1965 Statutes of Nevada, Page 514 (CHAPTER 240, AB 574)κ
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 a 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 a 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, 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. 263. Effect of enactment of charter.
1. All rights and property of every kind and description which were vested in the City of Henderson under its former organization shall be deemed and be held to be vested in the same municipal corporation on the effective date of this charter. No rights or liabilities, either in favor of or against such corporation, existing at the time of becoming incorporated under this charter, and no action or prosecution shall be affected by such change, but it shall stand and progress as if no change had been made.
2. Whenever a different remedy is given by this charter, which may properly be made applicable to any right exiting at the time of such city so becoming incorporated under this charter, the same shall be deemed cumulative to the remedy before provided, and used accordingly.
κ1965 Statutes of Nevada, Page 515 (CHAPTER 240, AB 574)κ
3. All ordinances and resolutions in force in the City of Henderson prior to the effective date of this charter shall, providing they do not conflict with the provisions of this charter, continue in full force and effect until repealed or amended.
4. The reorganization of the city shall not be construed to effect any change in the legal identity of the city.
5. Except as provided in section 266, the enactment of this charter shall not be construed to repeal or in any way affect or modify:
(a) Any special, local or temporary laws.
(b) Any law or ordinance making an appropriation.
(c) Any ordinance affecting any bond issue or by which any bond issue may have been authorized.
(d) The running of the statute of limitations in force at the time this charter becomes effective.
(e) Any bond of any public officer.
ARTICLE XXV
miscellaneous provisions
Sec. 264. Severability of provisions. If any section, subsection, sentence, clause, or phrase of this charter is by any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this charter. The legislature hereby declares that it would have passed this charter and each section, subsection, sentence, clause and phrase thereof irrespective of the section, subsection, sentence, clause and phrase or phrases which may be deemed invalid or unconstitutional.
Sec. 265. Effective date.
1. 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.
2. 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.
Sec. 266. Repeals. The following acts are hereby expressly repealed:
1. Chapter 271, Statutes of Nevada 1957, entitled An Act authorizing and empowering the mayor and the city council of the city of Henderson, Nevada, to sell or exchange certain real property; providing for the manner of such sales or exchanges and appraisals of such real property; and other matters properly relating thereto, approved March 28, 1957.
κ1965 Statutes of Nevada, Page 516 (CHAPTER 240, AB 574)κ
2. Chapter 3, Statutes of Nevada 1959, entitled An Act to amend the title of and to amend an act entitled An Act authorizing and empowering the mayor and the city council of the city of Henderson, Nevada, to sell or exchange certain real property; providing for the manner of such sales or exchanges and appraisals of such real property; and other matters properly relating thereto, approved March 28, 1957, approved February 6, 1959.
3. Chapter 202, Statutes of Nevada 1963, entitled An Act authorizing and empowering the mayor and the city council of the city of Henderson, Nevada, to sell, lease or exchange certain real property; providing for the manner of such sales or exchanges and appraisals of such real property; and providing other matters properly relating thereto, approved April 2, 1963.
________
Assembly Bill No. 626Committee on State, County and City Affairs
CHAPTER 241
AN ACT to amend chapter 311 of NRS, relating to water and sanitation districts, by adding a new section designating the board of county commissioners as the board of directors of each such district in certain counties; to amend NRS sections 311.070, 311.090 to 311.120, inclusive, and 311.370, relating to water and sanitation districts, by making changes necessitated by the addition of such new section; and providing other matters properly relating thereto.
[Approved March 31, 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:
1. In every county having a population of 120,000 or more, as shown by the most recent decennial census of the Bureau of the Census, United States Department of Commerce, the board of county commissioners shall be, ex officio, the board of directors of each district organized pursuant to this chapter before or after the effective date of this act.
2. When the board of directors of any district is so constituted, the following special provisions shall apply and supersede the corresponding provisions of NRS 311.090 to 311.120, inclusive:
(a) The members need not file the oath of office or bond required by NRS 311.090.
(b) The members of the board of county commissioners shall receive no additional compensation as directors of the district.
(c) The chairman of the board of county commissioners shall be chairman of the board and president of the district.
(d) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of such offices.
κ1965 Statutes of Nevada, Page 517 (CHAPTER 241, AB 626)κ
county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of such offices. No additional bond may be required of the county treasurer as ex officio district treasurer.
(e) No member of the board of county commissioners may be removed from the office of director under the authority of subsection 5 of NRS 311.100, but any such member shall be automatically removed from such office upon his removal from the office of county commissioner in the manner provided by law.
Sec. 2. NRS 311.070 is hereby amended to read as follows:
311.070 1. Upon the hearing, if the court finds that no petition has been signed and presented in conformity with this chapter, it shall dismiss the proceedings and adjudge the costs against the signers of the petition in such proportion as is just and equitable. No appeal may lie from an order dismissing the proceedings. Nothing in this section prevents the filing of a subsequent petition for similar improvements or for a similar district, and the right so to renew such proceedings is hereby expressly granted and authorized.
2. Any time after the filing of the petition for the organization of a district and before the day fixed for the hearing thereon, the owner of any property within the proposed district may file a petition with the court stating reasons why the property should not be included therein, and praying that the property be excluded therefrom. Such petition shall be duly verified and shall describe the property sought to be excluded. The court shall hear the petition and all objections thereto at the time of the hearing on the petition for organization, and shall determine whether the property should be excluded or included in the district.
3. Upon the hearing, if it appears that a petition for the organization of a district has been signed and presented in conformity with this chapter, and that the allegations of the petition are true, the court, by order duly entered of record, shall direct that the question of the organization of the district be submitted to the taxpaying electors of the district at an election to be held for that purpose, and such order shall appoint three taxpaying electors of the district as officers of the election. The clerk of the court having jurisdiction shall give notice by publication at the time and place of the election, which shall be held not less than 20 days after the first publication of the notice. Such notice shall state the purposes and boundaries of the district.
4. Such election shall be held and conducted as nearly as may be in the same manner as general elections in this state. For the purpose of determining qualifications of electors, the election officers may require the execution of an affidavit concerning the qualifications of any elector.
5. At such election the voters shall vote for or against the organization of the district, and, except as provided in section 1 of this act, for five taxpaying electors of the district, who shall constitute the board of directors of the district, if organized, two directors to act until the first biennial election and three to act until the second biennial election.
κ1965 Statutes of Nevada, Page 518 (CHAPTER 241, AB 626)κ
6. The officers of the election shall certify the returns of the election to the district court having jurisdiction. If a majority of the votes cast at the election are in favor of the organization, the district court shall declare the district organized and give the district the corporate name designated in the petition, by which it shall thereafter be known in all proceedings, and designate the first board of directors elected. Thereupon the district shall be a governmental subdivision of the State of Nevada and a body corporate with all the powers of a public or quasi-municipal corporation.
7. If an order be entered establishing the district, such order shall be final. The entry of such order finally and conclusively establishes the regular organization of the district against all persons, unless a notice of appeal from such order is filed within 20 days after the entry of such order, or unless within 30 days after the entry of such order an action in the nature of a writ of quo warranto is commenced by the attorney general on behalf of the State of Nevada, and not otherwise. The organization of the district may not be directly or collaterally questioned in any suit, action or proceeding except as expressly authorized in this subsection.
[8. Any person elected prior to March 11, 1959, may serve the balance of the term for which he was elected.]
Sec. 3. NRS 311.090 is hereby amended to read as follows:
311.090 Whenever a district has been declared duly organized, except as provided in section 1 of this act, the members of the board shall qualify by filing with the county clerk their oaths of office, and corporate surety bonds at the expense of the district in an amount not to exceed $1,000 each, the form thereof to be fixed and approved by the court, conditioned for the faithful performance of their duties as directors.
Sec. 4. NRS 311.100 is hereby amended to read as follows:
311.100 Except as otherwise provided in section 1 of this act:
1. After taking oath and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person. Such board shall adopt a seal and the secretary shall keep, in a well-bound book, a record of all of its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts, which shall be open to inspection of all owners of real property in the district as well as to all other interested persons.
2. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the county clerk, at the expense of the district, a corporate fidelity bond in an amount not less than $5,000, conditioned on the faithful performance of the duties of his office.
3. Each member of the board shall receive as compensation for his service a sum not in excess of $180 per year, payable monthly. No member of the board shall receive any compensation as an employee of the district or otherwise, other than that herein provided, and no member of the board shall be interested in any contract or transaction with the district, except in his official representative capacity.
κ1965 Statutes of Nevada, Page 519 (CHAPTER 241, AB 626)κ
of the district or otherwise, other than that herein provided, and no member of the board shall be interested in any contract or transaction with the district, except in his official representative capacity.
4. The board of directors shall cause an audit to be made of all financial affairs of the district during each year ending November 30, which audit shall be made during the last month of each calendar year. A financial statement shall be certified by the person making such audit, which shall be published in a newspaper of general circulation in the district, in one issue during the first week of January following such audit. Such audit shall be made by a public accountant or certified public accountant, who is not otherwise employed by the district.
5. The court having jurisdiction of the district shall have the power to remove directors for cause shown, on petition, notice and hearing.
Sec. 5. NRS 311.110 is hereby amended to read as follows:
311.110 The board shall meet regularly once each month at a time and in a place to be designated by the board. Special meetings may be held as often as the needs of the district require, on notice to each member of the board. Three members of the board shall constitute a quorum at any meeting. [Any] Except when the board of county commissioners constitute the board of directors, pursuant to section 1 of this act, any vacancy on the board shall be filled by the remaining members or member of the board, the appointee to act until the next biennial election when the vacancy shall be filled by election. If the board shall fail, neglect or refuse to fill any vacancy within 30 days after the same occurs, the court having jurisdiction shall fill such vacancy.
Sec. 6. NRS 311.120 is hereby amended to read as follows:
311.120 Except when the board of county commissioners constitute the board of directors, pursuant to section 1 of this act:
1. At the next general election and in conjunction therewith after the organization of any district, and in conjunction with every general election thereafter, an election shall be held which shall be known as the biennial election of the district.
2. At the first biennial election in any district hereafter organized, and each fourth year thereafter, there shall be elected by the taxpaying electors of the district two members of the board to serve for a term of 4 years; at the second biennial election and each fourth year thereafter, there shall be elected three members of the board to serve for terms of 4 years.
3. Not later than 60 days before any such election, nominations may be filed with the secretary of the board, who shall not later than 30 days before any such election certify such nominations to the county clerk or clerks if the district be composed of territory in more than one county. If a nominee does not withdraw his name before the secretary certifies the nominations to the county clerk, his name shall be placed on the ballot. The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the board may direct. The returns of the election shall be certified to and shall be canvassed as provided by the general law concerning elections. The candidate or candidates, according to the number of directors to be elected, receiving the most votes, shall be elected.
κ1965 Statutes of Nevada, Page 520 (CHAPTER 241, AB 626)κ
be elected. Any new member of the board shall qualify in the same manner as members of the first board qualify.
[4. Any person elected prior to March 11, 1959, may serve the balance of the term for which he was elected.]
Sec. 7. NRS 311.370 is hereby amended to read as follows:
311.370 1. Any sewage or water district organized pursuant to the provisions of chapter 310 of NRS may affect its reorganization as a sanitation district or water district pursuant to the provisions of this chapter.
2. Upon the filing of a petition for reorganization of such a sewage or water district by its governing body with a district court having jurisdiction thereof, as provided in NRS 311.030, the district court, by order duly entered shall declare the district organized as a district pursuant to the provisions of this chapter and all laws amendatory thereof and supplemental thereto, and shall give the district the corporate name designated in the petition, by which it shall thereafter be known in all proceedings, and, except as provided in section 1 of this act, shall designate as the first board of directors of the district the taxpaying electors named therefor in the petition, two directors to act until the first biennial election and three to act until the second biennial election.
3. Thereupon, the district shall be a governmental subdivision of the State of Nevada and a body corporate with all the powers of a public or quasi-municipal corporation organized pursuant to this chapter and all laws amendatory thereof and supplemental thereto. The validity of such organization may not be questioned directly or indirectly in any suit, action or proceeding except as provided in NRS 311.070.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 521κ
Senate Bill No. 287Committee on Judiciary
CHAPTER 242
AN ACT to amend NRS sections 464.010, 464.020, 464.040 and 464.050, relating to pari-mutuel wagering, by excluding such wagers on horse racing; to amend NRS sections 466.050, 466.070 to 466.125, inclusive, 466.160 and 466.170, relating to the Nevada racing commission and to funds, licenses, fees and regulations thereof, by placing control of pari-mutuel wagering on horse racing under the Nevada racing commission, providing for licenses, fees, taxes, regulations and disposition of funds; to amend chapter 466 of NRS, relating to horse racing, by adding new sections providing for prize money to horse breeders, commissions and taxes on pari-mutuel wagering pools; to repeal NRS section 464.030, relating to pari-mutuel wagering license fees; and providing other matters properly relating thereto.
[Approved March 31, 1965]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 464.010 is hereby amended to read as follows:
464.010 1. It shall be unlawful after July 1, 1949, for any person, firm, association or corporation, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in the State of Nevada, any form of wagering under the system known as the pari-mutuel method of wagering on any racing or sporting event, except horse racing, without having first procured a license for the same as provided in this chapter.
2. No alien or any person except a citizen of the United States shall be issued a license, or shall directly or indirectly own, operate or control any game or device so licensed.
3. Where any other state license is required to conduct a racing or sporting event such license must first be procured before pari-mutuel betting may be licensed in connection therewith.
Sec. 2. NRS 464.020 is hereby amended to read as follows:
464.020 1. The Nevada gaming commission shall be charged with the administration of this chapter for the protection of the public and in the public interest.
2. The Nevada gaming commission is empowered to adopt, amend and repeal regulations governing, permitting and regulating the pari-mutuel method of wagering [, which] on any sporting event except horse racing. Such wagering shall be conducted only by the licensee and only within the enclosure and only on the dates determined and set by the Nevada gaming commission.
3. The regulations of the Nevada gaming commission may include, without limitation thereof, the following:
(a) Requiring fingerprinting of an applicant or licensee, or other method of identification.
(b) Requiring information concerning an applicants antecedents, habits and character.
(c) Prescribing the method and form of application which any applicant for a license under this chapter shall follow and complete prior to consideration of his application by the Nevada gaming commission.
κ1965 Statutes of Nevada, Page 522 (CHAPTER 242, SB 287)κ
4. The Nevada gaming commission shall, and it is granted the power to, demand access to and inspect all books and records of any person licensed under this chapter pertaining to and affecting the subject of the license.
Sec. 3. NRS 464.040 is hereby amended to read as follows:
464.040 1. The commission deducted [by any licensee] from pari-mutuels by any licensee licensed under the provisions of this chapter shall not exceed 13 percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license. [, except that a licensee licensed to conduct horse racing may deduct 14 percent.]
2. Each licensee [, except state fair associations, agricultural societies, county fairs and other associations to which state or county aid is given,] shall pay to the Nevada gaming commission for the use of the State of Nevada a tax at the rate of 2 percent on the total amount of money wagered on any racing or sporting event [.] except horse racing.
3. The amount deducted by the licensee for payment to the Nevada gaming commission shall be in addition to the license fee required by this chapter.
4. The licensee may deduct odd cents less than 10 cents per dollar in paying bets.
5. The amount paid to the Nevada gaming commission shall be, after deducting costs of administration which shall not exceed 5 percent of the amount collected, paid over by the Nevada gaming commission to the state treasury for deposit [as follows:
(a) Seven-eighths thereof] in the general fund.
[(b) One-eighth thereof in the Nevada racing commission fund.]
Sec. 4. NRS 464.050 is hereby amended to read as follows:
464.050 A licensee conducting any form of mutual wagering provided for in this chapter shall provide a place or places in the meeting grounds or enclosure:
1. At which the licensee may conduct, operate and supervise the pari-mutuel method of wagering upon the results of the [racing or] sporting events conducted within the meeting grounds or enclosure.
2. Where the progress of the betting and the odds paid may be open to public view.
Sec. 5. (There is no section 5.)
Sec. 6. NRS 466.050 is hereby amended to read as follows:
466.050 The commission shall meet at such time and places within the State of Nevada as the commission shall determine. The members of the commission shall be entitled to [their reasonable expenses] travel expenses and per diem expense allowance as provided by law for each meeting [attended.] of the commission attended and each race meeting personally supervised. A majority of the members of the commission shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission.
Sec. 7. NRS 466.070 is hereby amended to read as follows:
466.070 1. The commission is authorized:
κ1965 Statutes of Nevada, Page 523 (CHAPTER 242, SB 287)κ
(a) To employ at reasonable compensation a reasonable number of inspectors, judges, guards, experts, scientists, auditors, veterinarians and other employees or agents deemed by the commission to be essential at or in connection with any race meeting to the best interests of racing.
(b) To maintain a testing laboratory and to purchase supplies and equipment for and in connection with the laboratory or other test or testing processes.
(c) To lease suitable premises for office space and for photography control.
2. At any race meeting all officials, as this term is customarily understood in racing, including by way of enumeration only, and not in limitation, placing judges, patrol judges, clerks of the scales, starters and assistants, handicapper, timer, paddock judge, [veterinarian attached to the paddock,] racing secretary and clerk of the course, shall be employed and paid by the licensee conducting the race meeting, but approved by the commission.
3. There shall be at least three stewards to supervise each race or meeting conducted under the provisions of this chapter. One or more of such stewards shall be the official steward of the commission, and the remaining steward or stewards shall be appointed by the licensee, subject to the approval of the commission. The stewards shall exercise such powers and perform such duties at each race meeting as may be prescribed by the rules and regulations of the commission.
Sec. 8. NRS 466.080 is hereby amended to read as follows:
466.080 1. The Nevada racing commission fund is created in the state treasury. [The fund shall consist of all moneys deposited therein in compliance with the provisions of NRS 464.040. The commission is authorized to use the fund to pay the necessary and proper expenses of the commission. Claims against the fund shall be audited and paid as are other claims against the state.
2. The commission is also authorized to expend such sums of money received for the collection of license fees provided by NRS 466.120, and for taxes as provided in NRS 466.125, as it may deem proper for efficient administration of the purposes of this chapter.
3. On July 1 of each year the commission shall pay any excess over $10,000 remaining in such fund after payment of administrative expenses to each agricultural association which has paid license fees or taxes or both under the provisions of this chapter in proportion to the amount paid by each such association.] The commission shall deposit in such fund periodically, as collected, out of the proceeds of the taxes imposed by NRS 466.125, an amount equal to one percent of all moneys handled by each pari-mutuel licensee.
2. The commission shall deposit in the general fund in the state treasury, periodically as collected, all fees imposed by NRS 466.120 and the remainder of the taxes imposed by NRS 466.125.
3. The commission may, out of the Nevada racing commission fund:
(a) Pay the necessary and proper expenses of the commission for the efficient administration of this chapter, in the same manner as other claims against the state are paid.
κ1965 Statutes of Nevada, Page 524 (CHAPTER 242, SB 287)κ
(b) Retain, on July 1 of each year, a balance of $10,000 as a revolving fund for such expenses.
4. The commission shall, on July 1 of each year, distribute the remaining balance of the Nevada racing commission fund to those agricultural associations in this state which have conducted race meets without state aid or aid from any agricultural district or county, in proportion to the amount of license fees and taxes paid to the commission by each such association.
Sec. 9. NRS 466.090 is hereby amended to read as follows:
466.090 1. No person or persons, association or corporation, except state fair associations, agricultural societies, county fair and recreation boards, and other associations to which state or county aid is given, shall hold or conduct any meeting within the State of Nevada where horse racing shall be permitted for any stake, purse or reward, except when such person, association or corporation is licensed by the commission as provided in this chapter.
2. It shall be unlawful after the effective date of this act for any person, firm, association or corporation, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in the State of Nevada, any form of wagering under the system known as the pari-mutuel method of wagering on any horse racing event, without having first procured a license for the same as provided in this chapter.
3. No alien or any person except a citizen of the United States shall be issued a pari-mutuel wagering license, or shall directly or indirectly own, operate or control any game or device so licensed.
Sec. 10. NRS 466.100 is hereby amended to read as follows:
466.100 1. Any person or persons, association or corporation desiring to conduct horse racing within the State of Nevada during any calendar year shall apply to the commission for a license so to do.
2. An application shall be filed with the secretary of the commission on or before a date to be fixed by the commission. The application shall:
(a) Specify the days on which such race meeting is desired to be conducted or held.
(b) Be in such form and supply such data and information as the commission shall prescribe.
3. The decision of the commission on the award of all dates shall be final, but the commission shall, in awarding dates, give preference to agricultural associations for the dates on which each has conducted racing in previous years.
4. The commission shall have the power to revoke, modify or suspend a license or to refuse to issue the same if it has reasonable cause to believe that the public interest can best be served. No license may be revoked or suspended until after a hearing held by the commission after notice in writing to the licensee or his agent or employee in charge of the licensed premises. The reasons for such action shall be written in full in the records of the commission. The action of the commission in revoking, modifying, suspending or refusing to issue a license as requested by an applicant is subject to review by the courts of this state.
5. In the event an applicant for a license to conduct horse racing within the State of Nevada desires to operate, carry on, conduct or maintain any form of wagering under the system known as the pari-mutuel method of wagering on any horse racing event, [then in addition to the license required by this chapter the person or persons, association or corporation shall procure a license for the same in the manner prescribed by chapter 464 of NRS, and all acts amendatory thereof.]
κ1965 Statutes of Nevada, Page 525 (CHAPTER 242, SB 287)κ
within the State of Nevada desires to operate, carry on, conduct or maintain any form of wagering under the system known as the pari-mutuel method of wagering on any horse racing event, [then in addition to the license required by this chapter the person or persons, association or corporation shall procure a license for the same in the manner prescribed by chapter 464 of NRS, and all acts amendatory thereof.] the application shall contain such additional information as the commission may reasonably require.
Sec. 11. NRS 466.110 is hereby amended to read as follows:
466.110 1. No one person, corporation or association shall be given a license to conduct racing for more than 100 days in 1 year, nor shall more than an aggregate of 100 days racing be held in any 1 year on any one track within the State of Nevada.
2. The commission may, at any time or times, in its discretion, authorize any person, corporation or association to transfer its racing meet or meetings from its own track or place for holding races to the track or place for holding races of any other person, corporation or association. [now conducting racing in the State of Nevada upon payment of any and all appropriate license fees for the conduct of racing at the particular track or place for holding races on which the racing is to be conducted.] No such authority to transfer shall be granted without express consent of the person, corporation or association owning or leasing the track to which such transfer is made, but nothing in this section shall affect in any manner the license fees, requirements, rights, conditions, terms and provisions of NRS 466.120 [.] or the provision for taxes contained in NRS 466.125.
Sec. 12. NRS 466.120 is hereby amended to read as follows:
466.120 1. Except in the case of the trotting and pacing meetings provided for in NRS 466.130, and except as provided in subsection [2] 3 of this section, each applicant desiring to hold horse races on the day or days awarded by the commission shall, before the issuance of any license therefor, pay to the commission a license fee fixed by the commission at the time of making application of not less than $50 nor more than $200 for each day of any meeting for the conduct of races so licensed.
2. If the license is to include permission for pari-mutuel wagering, such license fee shall be deducted from the tax imposed by NRS 466.125.
3. State fair associations, agricultural societies, [county fairs] county fair and recreation boards and other associations to which state or county aid is given are exempt from the license fee required by subsection 1 of this section.
Sec. 13. NRS 466.125 is hereby amended to read as follows:
466.125 [Each licensee shall pay to the commission a tax at the rate of 1 percent on the total amount of money wagered on any racing event. Such tax shall be in addition to the license fees provided for in this chapter and any license fees or taxes required by chapter 464 of NRS.] 1. Each licensee conducting horse racing with pari-mutuel wagering shall pay to the commission for the use of the State of Nevada a tax at the rate of:
κ1965 Statutes of Nevada, Page 526 (CHAPTER 242, SB 287)κ
(a) Two percent on all moneys handled which does not exceed $2,000,000 at any one race meeting; and
(b) Three percent on all moneys handled which exceeds $2,000,000 and does not exceed $3,000,000 at any one race meeting; and
(c) Three and one-half percent on all moneys handled which exceeds $3,000,000 at any one race meeting.
2. State fair associations, agricultural societies, county fair and recreation boards and other associations to which state or county aid is given are exempt from the taxes imposed by subsection 1 of this section.
Sec. 14. NRS 466.160 is hereby amended to read as follows:
466.160 1. A charity [race] day under this section is defined to be a racing day [where all the proceeds and revenue from all sources are] on which a portion of the net proceeds and revenues from pari-mutuel racing is contributed to a charitable organization or society as those terms are generally understood. Such contribution shall not diminish the taxes imposed by this chapter.
2. Any licensee holding a license for racing as provided in this chapter may [hold] declare as many charity [races] days in any one meet as the licensee shall deem fit, but no licensee shall [hold] declare more than five charity [day races] days in any one racing meet.
3. Any such charity days, not exceeding five in any one race meeting, shall be deemed in addition to the maximum number of days provided in NRS 466.110.
Sec. 15. NRS 466.170 is hereby amended to read as follows:
466.170 1. The commission shall have power to make and adopt rules and regulations, and thereafter to modify the same, providing for the pari-mutuel method of wagering on horse races and for the licensing, supervising, disciplining, suspending, fining and barring from racing, on any track under the jurisdiction of the commission, of horses, owners, breeders, authorized agents, subagents, nominators, trainers, jockeys, jockey apprentices, jockey agents and any other person, persons, organizations, associations or corporations, the activities of whom affect the conduct or operation of licensed race meetings.
2. At a licensed race meeting or race, no person shall enter a horse or participate as an owner, agent, nominator, trainer, jockey, jockey apprentice, or jockey agent, without first procuring from the commission a license so to do, and paying such fees as the commission shall determine to be reasonable therefor. The commission is authorized to issue such licenses, and may revoke the same at any time for cause.
3. The rules and regulations of the commission may include, but are not limited to, the following:
(a) A requirement for fingerprinting, or other method of identification, of applicants and licensees;
(b) A requirement for information concerning applicants antecedents, habits and character; and
(c) The procedure and form of application which applicants shall follow and complete prior to consideration of their applications by the commission.
κ1965 Statutes of Nevada, Page 527 (CHAPTER 242, SB 287)κ
4. If any member of the commission is a resident within an agricultural district which is conducting racing, such member shall be the representative of the commission at such race meeting.
Sec. 16. Chapter 466 of NRS is hereby amended by adding thereto the provisions set forth as sections 17 to 23, inclusive, of this act.
Sec. 17. The purpose of this chapter is to encourage agriculture and the breeding of horses in this state.
Sec. 18. In keeping with the purpose of this chapter to encourage agriculture and the breeding of horses in this state, a sum equal to 10 percent of the first money of every purse won by a Nevada-bred thoroughbred or quarter horse at a race meeting shall be paid by the commission to the breeder of such animal if moneys for such purpose are available in the fund controlled by the commission pursuant to NRS 466.080.
Sec. 19. 1. The commissions deducted by any licensee from pari-mutuel wagering on horse racing shall not exceed 16.5 percent of the gross amount of money handled in each pari-mutuel pool operated by such licensee during the period of the license.
2. In addition to the commissions provided for in subsection 1, the licensee may deduct odd cents less than 10 cents per dollar in paying bets.
Sec. 20. A licensee conducting any form of pari-mutuel wagering provided for in this chapter shall provide a place or places in the meeting grounds or enclosure:
1. At which the licensee may conduct, operate and supervise the pari-mutuel method of wagering upon the results of the horse racing events conducted within the meeting grounds or enclosure.
2. Where the progress of the betting and the odds paid may be open to public view.
Sec. 21. All other forms of wagering or betting on the results of any of the horse races licensed under this chapter outside the enclosure where such races or events are licensed by the commission are illegal, unless expressly authorized by the commission.
Sec. 22. A wager made inside an enclosure under the pari-mutuel system for a principal who is not within the enclosure shall be considered a wager made within the enclosure for the purpose of this chapter, and any activity of the principal in connection with such wager shall not be considered a wager made outside the enclosure.
Sec. 23. All outstanding pari-mutuel tickets must be cashed within 90 days from the date of the close of any race meeting. Tickets which are not redeemed within such time become valueless and the sum of money represented by them shall accrue to the issuing licensee.
Sec. 24. NRS 464.030 is hereby repealed.
Sec. 25. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 528κ
Senate Bill No. 73Senator Lemaire
CHAPTER 243
AN ACT to amend NRS section 662.220, relating to savings deposits in banks, by providing for the issuance of receipts and quarterly statements; and providing other matters properly relating thereto.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 662.220 is hereby amended to read as follows:
662.220 1. A receipt or a passbook shall be issued to each depositor in a savings bank for all money deposited on open account. Such receipt or passbook shall contain the rules and regulations adopted by such savings bank governing such deposits and shall be accepted by the depositor, and thereupon shall be deemed agreed to by him. [In such passbook shall be entered each deposit made by and each payment made to such depositor.] Payments from such account to such depositor shall be made only upon his written order. Banks issuing savings deposit receipts shall, not less often than quarterly, deliver or mail to such depositor a statement, showing the balance on deposit in such account and each deposit made by and each payment made to such depositor during the calendar quarter.
2. Nothing in this Title shall prohibit a savings bank from issuing time certificates for deposits.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 111Senator Lemaire
CHAPTER 244
AN ACT to amend chapter 661 of NRS, relating to corporate requirements, by allowing banks to sell their capital notes and debentures upon certain conditions; and providing other matters properly relating thereto.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 661 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. With prior approval of the superintendent a bank may, after obtaining approval of the stockholders owning a majority of the issued and outstanding shares of stock of the bank entitled to vote, issue and sell its capital notes or debentures. Capital notes and debentures may be converted into shares of common or preferred stock in accordance with such provision therefor as may be made in such capital notes and debentures with approval of the superintendent.
Sec. 3. Capital notes and debentures shall be an unsecured indebtedness of the bank and shall be subordinate to the claims of depositors and all other creditors of the bank, regardless of whether the claims of such depositors or other creditors arose before or after the issuance of such debentures or capital notes.
κ1965 Statutes of Nevada, Page 529 (CHAPTER 244, SB 111)κ
and all other creditors of the bank, regardless of whether the claims of such depositors or other creditors arose before or after the issuance of such debentures or capital notes. In the event of liquidation, all depositors and other creditors of the bank shall be entitled to be paid in full before any payment shall be made on account of principal or interest on such capital notes or debentures. No payment shall at any time be made on account of the principal thereof unless following such payment the aggregate of the capital, surplus, undivided profits and capital notes or debentures thereafter outstanding are equal to such aggregate immediately before the original issue of such capital notes or debentures, or as may be otherwise authorized by the superintendent. If provided by the articles of incorporation of the bank on its organization, or by amendment thereto, convertible capital notes and debentures may be issued without offer thereof to existing stockholders.
Sec. 4. In no case shall the outstanding capital notes and debentures legally issued by any bank be considered capital in the computation of reserves pursuant to NRS 661.020 and in the computation of legal lending limits pursuant to NRS 662.040. Outstanding capital notes and debentures legally issued by any bank shall be treated as capital in all other respects.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 150Committee on Public Health
CHAPTER 245
AN ACT to amend chapter 422 of NRS, relating to state welfare administration, by authorizing the welfare division of the department of health and welfare to distribute information and refer welfare recipients for birth control; to amend NRS section 442.080, relating to the duties of the health division of the department of health and welfare, by providing for assistance in birth control; and providing other matters properly relating thereto.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As a part of the health and welfare programs of this state, the welfare division is authorized to:
1. Conduct a family planning service in any county of the state. Such service may include the dispensing of information and the distribution of literature on birth control and family planning methods.
2. Establish a policy of referral of welfare recipients for birth control.
Sec. 2. NRS 442.080 is hereby amended to read as follows:
442.080 The health division shall:
1. Enforce the provisions of NRS 442.030 to 442.110, inclusive.
κ1965 Statutes of Nevada, Page 530 (CHAPTER 245, SB 150)κ
2. Publish such advice and information concerning the dangers of inflammation of the eyes of the newborn as is necessary for prompt and effective treatment.
3. Furnish copies of NRS 442.030 to 442.110, inclusive, to all physicians and midwives who may be engaged in the practice of obstetrics, or assisting at childbirth.
4. Keep the proper record of any and all cases of inflammation of the eyes of the newborn which shall be filed in the office of the health division in pursuance of the law, and which may come to its attention in any way, and constitute such records as part of the biennial report to the director.
5. Report any and all violations of NRS 442.030 to 442.110, inclusive, that may come to its attention to the district attorney of the county wherein the misdemeanor may have been committed, and shall assist the district attorney in any way possible, such as securing necessary evidence.
6. Furnish birth certificates, which shall include the question, Did you comply with NRS 442.050? If so, state what solution used.
7. Within the limit of funds available, provide medical services, appliances, drugs and information for birth control.
________
Senate Bill No. 288Committee on Taxation
CHAPTER 246
AN ACT to amend chapter 361 of NRS, relating to property taxes, by adding new sections providing for the payment of the personal property tax on mobile homes; providing for proration and for a credit against such tax; providing a penalty; and providing for seizure in the event of nonpayment; to amend NRS section 361.505, relating to the collection of personal property taxes, by authorizing collection throughout the year; and providing other matters properly relating thereto.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, mobile home means every trailer designed or equipped for living purposes.
Sec. 3. 1. Upon receipt of every report of sales of mobile homes from a dealer, the department of motor vehicles shall immediately give written notice to the county assessor of each county in which is contained the address of a purchaser of a mobile home as shown in such report.
2. If the purchaser of a mobile home does not register and license the mobile home upon taking possession, pursuant to the provisions of NRS 482.397, and pay the personal property tax thereon, he shall, within 30 days from the date of purchase of such mobile home:
κ1965 Statutes of Nevada, Page 531 (CHAPTER 246, SB 288)κ
(a) Pay to the county assessor all personal property taxes levied against such mobile home and its contents; or
(b) Satisfy the county assessor that he owns real estate within the county of sufficient value, in the county assessors judgment, to pay the taxes on both his real and personal property.
Sec. 4. Every person who brings into the State of Nevada or purchases from a person other than a dealer any mobile home on which the personal property tax has not been paid in this state for the current fiscal year shall within 30 days from the date of entry or purchase comply with the provisions of paragraph (a) or (b) of subsection 2 of section 3 of this act.
Sec. 5. Notwithstanding the provisions of any other law, the amount of the personal property tax to be collected by the county assessor pursuant to sections 3 and 4 of this act shall be reduced one-twelfth for each full month which has elapsed since the beginning of the fiscal year.
Sec. 6. Whenever any person who has purchased a mobile home on which he is required to pay a personal property tax, either as a condition precedent to registration pursuant to NRS 482.397 or under the provisions of sections 3 or 4 of this act, establishes to the satisfaction of the county assessor that he has paid the personal property tax for the current fiscal year on another mobile home which he has sold or exchanged, the county assessor shall allow as a credit against the personal property tax required to be paid an amount equal to one-twelfth of the personal property tax previously paid multiplied by the number of full months remaining in the current fiscal year after the sale or exchange of the mobile home on which such tax was paid.
Sec. 7. Every person who on July 1 owns any mobile home situated in the State of Nevada shall within 30 days thereafter comply with the provisions of paragraph (a) or (b) of subsection 2 of section 3 of this act.
Sec. 8. Upon compliance by the purchaser of a mobile home with the provisions of sections 3, 4 or 7 of this act the county assessor shall deliver to the purchaser a sticker which the purchaser shall affix to the front window of the mobile home in such a manner that the printed matter thereon may be read from outside the vehicle. Stickers shall contain such printed matter as the county assessor shall determine. Upon delivery of a sticker the county assessor shall collect from the purchaser of the mobile home the sum of $1. All proceeds received by the county assessor from the sale of stickers shall be deposited to the credit of the county general fund.
Sec. 9. 1. If the purchaser of a mobile home fails to comply with provisions of paragraph (a) or (b) of subsection 2 of section 3 or with the provisions of sections 4 or 6 of this act within the required time the county assessor shall collect a penalty in the sum of $25, which shall be added to the tax and collected therewith.
2. If any person required to pay a personal property tax under the provisions of sections 3, 4 or 6 of this act neglects or refuses to pay such tax on demand of the county assessor, the county assessor or his deputy shall seize the mobile home upon which such taxes are due and proceed in accordance with the provisions of NRS 361.535.
κ1965 Statutes of Nevada, Page 532 (CHAPTER 246, SB 288)κ
Sec. 10. NRS 361.505 is hereby amended to read as follows:
361.505 1. Each county assessor, when he assesses the property of any person or persons, company or corporation liable to taxation who does not own real estate within the county of sufficient value, in the county assessors judgment, to pay the taxes on both his or their real and personal property, shall proceed immediately to collect the taxes on the personal property so assessed. The person paying such taxes shall not be thereby deprived of his right to have such assessment equalized, and if, upon such equalization, the value is reduced, the taxes paid shall be refunded to such person from the county treasury, upon the order of the board of county commissioners, in proportion to the reduction of the value made.
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. The county assessor shall close his assessment roll as of December 31, and, except as provided in subsection 4, any personal property coming into the county after that date shall not acquire situs for taxation for the current year.
4. 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. 11. This act shall become effective upon passage and approval.
________
Senate Bill No. 293Senator Fransway
CHAPTER 247
AN ACT to amend chapter 552 of NRS, relating to bees and apiaries, by providing an alternate regulation for importation of bees for pollination purposes.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 552 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In the event the department finds that after diligent search sufficient bees for pollination purposes are not reasonably available with a 2-year discase-free history as provided in subsection 2 of NRS 552.210 and regulations promulgated thereunder, the department may accept a certificate of inspection from the point of origin stating that the applicant has received an inspection from the authorized state authority in the state of origin finding that the bees covered by the certificate meet the colony strength required by Nevada regulation and have been 100 percent inspected within the past 60 days and have been found free of American foulbrood disease.
κ1965 Statutes of Nevada, Page 533 (CHAPTER 247, SB 293)κ
the applicant has received an inspection from the authorized state authority in the state of origin finding that the bees covered by the certificate meet the colony strength required by Nevada regulation and have been 100 percent inspected within the past 60 days and have been found free of American foulbrood disease.
2. Such bees shall be subject to inspection upon arrival in this state and if found not to be disease free will be ordered removed to the point of origin within 24 hours.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 231Committee on Education
CHAPTER 248
AN ACT relating to borrowing and bonds of school districts; to amend NRS sections 387.405, 387.440, 387.465, 387.470, 387.600, 387.635, 387.660 and 387.665, relating to denominations of bonds, contents of bids, annual maturities and redemption of bonds, and the division of bonds into series of different dates, by authorizing boards of trustees to determine the denominations of bonds, changing language relating to deposits accompanying bids for bonds, changing provisions relating to bond dates and maturities; and providing other matters properly relating thereto.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.405 is hereby amended to read as follows:
387.405 1. Except as provided in subsection 2, the denomination of each of the bonds shall not be less than $100 [nor more than $1,000.] , or any even multiple thereof, as the board of trustees of the county school district may determine, but no more than the amount of principal maturing in the year in which the bond becomes due.
2. Whenever the State of Nevada or any board or department thereof is the successful bidder on any bonds offered for sale, the board of trustees shall have the bonds printed in any denomination desired and indicated by the State of Nevada or the board or department thereof.
Sec. 2. NRS 387.440 is hereby amended to read as follows:
387.440 All bids shall:
1. Be in writing.
2. Be sealed.
3. Except any bid of the State of Nevada or any board or department thereof, if one is received, be accompanied by a deposit of [5] an amount of at least 2 percent of the principal amount of the [bid,] bonds, either in cash, or by cashiers check or treasurers check of, or by certified check [.] drawn on, a solvent commercial bank or trust company in the United States of America.
Sec. 3. NRS 387.465 is hereby amended to read as follows:
387.465 The various annual maturities shall commence not later than the third year after the date [of issue] of the bonds.
κ1965 Statutes of Nevada, Page 534 (CHAPTER 248, AB 231)κ
than the third year after the date [of issue] of the bonds. All bonds, insofar as practicable, shall mature serially, at the option of the board of trustees, in substantially equal annual installments of principal, or upon an amortization plan for such bonds, [so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such bonds,] or upon an amortization plan for such bonds and all outstanding bonds of the district [so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all outstanding bonds of the district, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations.] , or in any other manner the board of trustees may determine.
Sec. 4. NRS 387.470 is hereby amended to read as follows:
387.470 1. Subject to the provisions of subsection 2, the board of trustees of a county school district may divide the principal amount of any issue authorized at any election into two or more series and fix different dates [of issue] for the bonds of each series. The bonds of any one series may be made payable at different times from those of any other series. If the bonds of any authorized issue are divided into series, the maturity of each respective series shall comply with the provisions of NRS 387.335 to 387.525, inclusive. For the purpose of computing the maturity of each series the term date of [issue] the bonds shall be deemed to be the date of the bonds of each series respectively.
2. No county school district bonds shall be issued or sold by the board of trustees after the expiration of 3 years from the date of the election authorizing such issue.
Sec. 5. NRS 387.600 is hereby amended to read as follows:
387.600 1. Except as provided in subsection 2, the denomination of each of the bonds shall not be less than $100 [nor more than $1,000.] , or any even multiple thereof, as the board of trustees of the joint school district may determine, but no more than the amount of principal maturing in the year in which the bond becomes due.
2. Whenever the State of Nevada or any board or department thereof is the successful bidder on any bonds offered for sale, the board of trustees shall have the bonds printed in any denomination desired and indicated by the State of Nevada or the board or department thereof.
Sec. 6. NRS 387.635 is hereby amended to read as follows:
387.635 All bids shall:
1. Be in writing.
2. Be sealed.
3. Except any bid of the State of Nevada or any board or department thereof, if one is received, be accompanied by a deposit of [5] an amount of at least 2 percent of the principal amount of the [bid,] bonds, either in cash, or by cashiers check or treasurers check of, or by certified check [.] drawn on, a solvent commercial bank or trust company in the United States of America.
Sec. 7. NRS 387.660 is hereby amended to read as follows:
387.660 The various annual maturities shall commence not later than the third year after the date [of issue] of the bonds.
κ1965 Statutes of Nevada, Page 535 (CHAPTER 248, AB 231)κ
than the third year after the date [of issue] of the bonds. All bonds, insofar as practicable, shall mature serially, at the option of the board of trustees, in substantially equal annual installments of principal, or upon an amortization plan for such bonds, [so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such bonds,] or upon an amortization plan for such bonds and all outstanding bonds of the district [so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all outstanding bonds of the district, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations.] , or in any other manner the board of trustees may determine.
Sec. 8. NRS 387.665 is hereby amended to read as follows:
387.665 1. Subject to the provisions of subsection 2, the board of trustees of a joint school district may divide the principal amount of any issue authorized at any election into two or more series and fix different dates [of issue] for the bonds of each series. The bonds of any one series may be made payable at different times from those of any other series. If the bonds of any authorized issue are divided into series, the maturity of each respective series shall comply with the provisions of NRS 387.530 to 387.720, inclusive. For the purpose of computing the maturity of each series the term date of [issue] the bonds shall be deemed to be the date of the bonds of each series respectively.
2. No joint school district bonds shall be issued or sold by the board of trustees after the expiration of 3 years from the date of the election authorizing such issue.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 237Messrs. Knisley, Howard and Glaser
CHAPTER 249
AN ACT to amend chapter 244 of NRS, relating to counties, by adding new sections providing for the creation of county park and recreation commissions, providing procedure to be followed, providing for the composition, powers and duties of such commissions; and providing other matters properly relating thereto.
[Approved April 1, 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 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context requires otherwise:
1. Board means the board of county commissioners.
2. Commission means the county park and recreation commission.
3. Commissioner means a member of the commission.
κ1965 Statutes of Nevada, Page 536 (CHAPTER 249, AB 237)κ
4. Facilities means any recreational or park property authorized by sections 2 to 12, inclusive, of this act.
Sec. 3. In addition to the powers elsewhere conferred upon counties, any county, regardless of population, may create a county park and recreation commission in conformity with the procedure prescribed by sections 4 to 12, inclusive, of this act.
Sec. 4. 1. Upon the petition of 5 percent or more of the registered voters of a county expressing a desire or interest in the creation of a county park and recreation commission, the board is authorized to conduct a recreation feasibility study which will meet the planning criteria set forth by the Bureau of Outdoor Recreation, the National Recreation Association or any other nationally recognized recreation authority.
2. Any study which shows a need for, and the feasibility of, a county park and recreation commission shall be submitted to the division of state parks of the state department of conservation and natural resources or other appropriate state agency. Acceptance and approval of the study by the division of state parks or other appropriate state agency shall empower and authorize the board to organize by ordinance a county park and recreation commission for the express purpose of planning, acquiring, developing, operating and maintaining recreation facilities and programs.
Sec. 5. The organizational ordinance shall state:
1. That the ordinance thereby creates a county park and recreation commission;
2. The name of the commission;
3. The number of commissioners to be appointed;
4. The powers to be exercised by the commission;
5. That the facilities to be acquired, if any, are those therein designated;
6. That the facilities previously acquired or to be acquired under or pursuant to sections 2 to 12, inclusive, of this act, or any other law by the board on behalf of the county, jurisdiction over and responsibility for which facilities are to be assumed subsequently by the commission, are those therein designated;
7. The times at which such jurisdiction and responsibility shall be assumed by the commission on behalf of the county; and
8. The names of the appointed commissioners who shall serve on the first county park and recreation commission.
Sec. 6. 1. Any organizational ordinance may be supplemented after its adoption from time to time by the board by an ordinance stating:
(a) Additional powers to be exercised by the commission;
(b) That the additional facilities, if any, to be acquired are those therein designated;
(c) That the additional facilities of the county, jurisdiction over and responsibility for which are to be assumed by the commission, are those therein designated; and
(d) The times at which such jurisdiction and responsibility shall be assumed by the commission on behalf of the county.
2. Any supplemental ordinance may diminish any powers which the commission is authorized to exercise or may take from the commission jurisdiction over and responsibility for any facilities of the county which have been previously granted to the commission.
κ1965 Statutes of Nevada, Page 537 (CHAPTER 249, AB 237)κ
the commission is authorized to exercise or may take from the commission jurisdiction over and responsibility for any facilities of the county which have been previously granted to the commission.
Sec. 7. The commission shall be:
1. Appointed by the board.
2. Composed of not less than five nor more than nine members, one of whom shall be a member of the board and one of whom shall be a member of the board of trustees of the county school district. The remaining members shall be qualified electors of the county.
Sec. 8. 1. The terms of office of the commissioners shall be set so that there is never a termination of the terms of all members at one time and of the first commissioners appointed, one or more shall hold office for 1 year, one or more for 2 years, one or more for 3 years, and two or more for 4 years. Thereafter all commissioners shall be appointed for terms of 4 terms.
2. Commissioners shall hold office until their successors are appointed and qualified.
3. Any vacancy in the office of commissioner shall be filled for the unexpired term in the same manner as original appointments.
4. Commissioners shall serve without compensation but shall be entitled to the same travel expenses and subsistence allowances as county officers.
Sec. 9. Within 10 days after their appointment, commissioners shall qualify by taking the oath of office. No bond shall be required of them.
Sec. 10. 1. Within 10 days after their appointment, the commissioners shall organize as the commission by the election of one of their number as chairman, one as secretary, and by the election of such other officers as they may deem necessary. Annually during January the commission shall reorganize by the election of new officers.
2. The county treasurer of the county shall be the treasurer of the commission. The treasurer shall receive and pay out all the moneys of the county under the control of the commission, as ordered by it, but shall receive no compensation for any such additional duties.
3. The commission shall adopt a seal.
Sec. 11. 1. The commission shall hold at least four meetings each year and shall keep a complete record of all its transactions.
2. A majority of the commissioners shall constitute a quorum for the transaction of business.
3. Any resolution, motion or other action shall be adopted or ordered taken by a majority of the commissioners forming a quorum.
Sec. 12. The commission may have the following powers and duties as determined by the board and as set forth by the board in the organizational ordinance:
1. To determine policy in regard to recreational and park facilities.
2. To promulgate regulations governing the use of such facilities.
3. To prepare plans for additional recreational and park facilities and the development of existing facilities.
4. To operate and maintain existing facilities.
5. To fix, and from time to time increase or decrease, rates, tolls and charges for services and the use or availability of facilities.
κ1965 Statutes of Nevada, Page 538 (CHAPTER 249, AB 237)κ
6. To employ technical and clerical staff.
7. To prepare and submit annual budgets to the board.
8. To purchase or lease land subject to the statutes governing purchases and leases of land by the board.
9. To acquire by gift, bequest or devise any personal property, or any real property within the county, for recreational or park facilities.
10. To administer any trusts declared for recreational and park facilities in the county.
11. To enter into contracts for the construction and development of recreational and park facilities.
12. To expend all moneys collected to the credit of facilities under the control of the commission, but all moneys received for such facilities shall be deposited in the county treasury to the credit of the commission and paid out only upon warrants drawn by the commission upon properly authenticated vouchers of the commission after approval of the same by the county auditor.
13. To perform such additional duties for park and recreational programs as may be delegated by the board.
Sec. 13. This act shall become effective upon passage and approval.
________
Assembly Bill No. 250Committee on Labor
CHAPTER 250
AN ACT to amend chapter 616 of NRS, relating to industrial insurance, by allowing cooperative agreements between the state board for vocational education and the Nevada industrial commission for the rehabilitation of disabled employees; creating the vocational rehabilitation fund in the state treasury and providing for the expenditure of moneys therein; and providing other matters properly relating thereto.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Subject to the provisions of this section, the commission is authorized to enter into cooperative agreements with the state board for vocational education for the benefit of disabled employees entitled to compensation and benefits pursuant to the provisions of this chapter.
2. Among other things such cooperative agreements may provide that:
(a) With the consent of the disabled employee, the compensation and money benefits due him under the provisions of this chapter shall be paid to the state board for vocational education for deposit by such board in the vocational rehabilitation fund thereby created in the state treasury to be expended by such board for the benefit of such disabled employee.
κ1965 Statutes of Nevada, Page 539 (CHAPTER 250, AB 250)κ
(b) Within the limits of the money so made available to the state board for vocational education such board shall:
(1) Provide allowances for living expenses while the disabled employee is undergoing examination or treatment or awaiting or receiving restorative or vocational training.
(2) Pay for such medical and psychological examinations and treatments and for such prosthetic appliances as are determined by the state board for vocational education, in its sole discretion, to be necessary for the disabled employees rehabilitation.
3. The state board for vocational education may direct the apportionment of benefits between those provided under subparagraph (1) of paragraph (b) of subsection 2 and those provided under subparagraph (2) of paragraph (b) of subsection 2.
4. Compensation, benefits or any other payments required under any such authorized cooperative agreement shall not exceed the compensation and benefits authorized and provided for under this chapter.
________
Assembly Bill No. 354Messrs. Glaser, Young, Bailey, Valentine, Knisley, Pozzi, Johnson, Swackhamer and Bastian
CHAPTER 251
AN ACT requiring the state controller and the state treasurer to withhold a total sum of $240,000 from moneys due Clark County, Nevada, pursuant to the provisions of NRS 365.550, 370.260 and 463.320, relating to motor vehicle fuel taxes, the cigarette tax and gaming license fees, unless a written agreement is executed by the board of hospital trustees of the Southern Nevada Memorial Hospital in Clark County, Nevada, and the director of the department of health and welfare of the State of Nevada, by the terms of which, among other things, the board of hospital trustees of the Southern Nevada Memorial Hospital agrees to pay for the care and treatment of indigent persons infected with active tuberculosis who are the responsibility of the State of Nevada until the total sum of such care and treatment paid for equals the sum of $240,000; imposing certain duties upon the attorney general; and providing other matters properly relating thereto.
[Approved April 1, 1965]
Whereas, At the 50th session of the Nevada legislature held in 1960, certain legislators were solicited by officials of Clark County, Nevada, to introduce a bill appropriating $350,000 from the general fund in the state treasury for participation of the state in the construction, furnishing and equipping of a building at the Southern Nevada Memorial Hospital, Clark County, Nevada, for the care and treatment of persons infected with active tuberculosis; and
Whereas, Relying upon representations made by such officials of Clark County, Nevada, that the costs of the care and treatment of indigent patients infected with active tuberculosis to be paid by the state if such tuberculosis treatment unit were constructed with the assistance of state moneys would not exceed the costs charged for such care and treatment by private institutions within the state, there was passed and approved on March 17, 1960, chapter 255, Statutes of Nevada 1960, by the terms of which, among other things, the sum of $350,000 was appropriated from the general fund in the state treasury for participation of the state in the construction, furnishing and equipping of such a tuberculosis treatment unit at the Southern Nevada Memorial Hospital in Clark County, Nevada; and
κ1965 Statutes of Nevada, Page 540 (CHAPTER 251, AB 354)κ
passed and approved on March 17, 1960, chapter 255, Statutes of Nevada 1960, by the terms of which, among other things, the sum of $350,000 was appropriated from the general fund in the state treasury for participation of the state in the construction, furnishing and equipping of such a tuberculosis treatment unit at the Southern Nevada Memorial Hospital in Clark County, Nevada; and
Whereas, Thereafter, pursuant to law, such appropriated moneys were paid over to the board of hospital trustees of the Southern Nevada Memorial Hospital and expended by such board of hospital trustees together with other moneys made available by federal grants and contributions for the construction of two additional floors to the originally planned hospital, including a 30-bed tubercular treatment unit; and
Whereas, Following completion of the tuberculosis treatment unit and its readiness for occupancy by indigent patients infected with active tuberculosis who are the responsibility of the state, the board of hospital trustees of the Southern Nevada Memorial Hospital then refused, and still refuses, to admit such patients to such unit at a cost equal to the cost charged by private institutions within the state for such care and treatment, which refusal has required the department of health and welfare of the State of Nevada to place such patients in private institutions both within and without the state; and
Whereas, Such tuberculosis treatment unit, although designed for isolation cases and intensive care use, can, by admission of officers of the Southern Nevada Memorial Hospital, be utilized for general hospital purposes; and
Whereas, Clark County will provide in a district health center being constructed tuberculosis out-patient facilities and X-ray and laboratory equipment of a value of $110,000, which facilities and equipment will be utilized by the state in its required care and treatment of indigent persons infected with tuberculosis; and
Whereas, The refusal of the board of hospital trustees of the Southern Nevada Memorial Hospital to perform pursuant to the provisions of chapter 255, Statutes of Nevada 1960, and pursuant to their promises made to the 1960 legislature has resulted in the unjust enrichment of Clark County at the expense of the State of Nevada in the sum of $240,000; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Except as otherwise provided in section 2 of this act and notwithstanding the provisions of any other law, commencing 30 days after the effective date of this act the state controller and the state treasurer are hereby directed, and it shall be their mandatory duty, to withhold all moneys payable to Clark County, Nevada, pursuant to the provisions of NRS 365.550 and 370.260 and paragraph (b) of subsection 2 of NRS 463.320, as the same read now or may hereafter be amended, and deposit the same in the general fund in the state treasury until a total sum of $240,000 has been so deposited. When the total sum of $240,000 has been so deposited payments to Clark County, Nevada, pursuant to the provisions of NRS 365.550 and 370.260 and paragraph (b) of subsection 2 of NRS 463.320, as the same read now or may hereafter be amended, shall be resumed.
κ1965 Statutes of Nevada, Page 541 (CHAPTER 251, AB 354)κ
paragraph (b) of subsection 2 of NRS 463.320, as the same read now or may hereafter be amended, shall be resumed.
Sec. 2. The provisions of section 1 of this act shall not become effective, if within 30 days following the effective date of this act, the board of hospital trustees of the Southern Nevada Memorial Hospital in Clark County, Nevada, and the director of the department of health and welfare of the State of Nevada execute a written agreement by the terms of which, among other things, the board of hospital trustees of the Southern Nevada Memorial Hospital agrees to repay the sum of $240,000 to the State of Nevada by:
1. Paying for the care and treatment of indigent patients infected with active tuberculosis, whose care and treatment are the responsibility of the State of Nevada, in private facilities in Clark County, Nevada, at the daily rate of care agreed upon between such private facilities and the department of health and welfare of the State of Nevada; and
2. If first approved by the director of the department of health and welfare of the State of Nevada, caring for and treating such indigent patients infected with active tuberculosis in the Southern Nevada Memorial Hospital at the regular daily rate charged private patients by such hospital.
The repayment obligation of Southern Nevada Memorial Hospital shall be fulfilled when the board of hospital trustees thereof have paid for or provided car and treatment equal to the sum of $240,000. The attorney general of the State of Nevada shall approve the form and contents of any such agreement prior to its authorized execution by the director of the department of health and welfare of the State of Nevada.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 387Mr. Kean
CHAPTER 252
AN ACT to amend NRS section 454.390, relating to obtaining drugs by forged, fictitious or altered prescriptions, by making the offense a gross misdemeanor; and to amend NRS section 454.400, relating to the penalty for violation of the dangerous drug laws, by making the penalty a gross misdemeanor.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 454.390 is hereby amended to read as follows:
454.390 Every person who forges or increases the quantity of dangerous drugs in any prescription or who issues a prescription bearing a forged or fictitious signature for any dangerous drug, or who obtains any dangerous drug by any forged, fictitious or altered prescription, or who has in possession any dangerous drug secured by such forged, fictitious or altered prescription, [shall for the first offense be punished by a fine of not less than $100 and not more than $500, and for each subsequent offense shall be imprisoned in the county jail for not less than 6 months nor more than 1 year.]
κ1965 Statutes of Nevada, Page 542 (CHAPTER 252, AB 387)κ
who has in possession any dangerous drug secured by such forged, fictitious or altered prescription, [shall for the first offense be punished by a fine of not less than $100 and not more than $500, and for each subsequent offense shall be imprisoned in the county jail for not less than 6 months nor more than 1 year.] is guilty of a gross misdemeanor.
Sec. 2. NRS 454.400 is hereby amended to read as follows:
454.400 Except as provided in NRS 454.380 [and 454.390] every person who violates any provision of NRS 454.180 to 454.450, inclusive, is guilty of a gross misdemeanor.
________
Assembly Bill No. 392Committee on Education
CHAPTER 253
AN ACT to amend chapter 391 of NRS, relating to personnel employed by school districts, by adding a new section providing for rules of procedure in hearings held by the state board of education to revoke or suspend teachers certificates and empowering the state board of education to subpena witnesses and evidence for use in such hearings.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state board of education is authorized to adopt rules of procedure for the conduct of hearings involving suspension or revocation of teachers certificates.
2. The state board of education is empowered to issue subpenas to compel the attendance of witnesses and the production of books, records, documents or other pertinent information to be used as evidence in hearings for suspension or revocation of teachers certificates.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 543κ
Assembly Bill No. 393Committee on Ways and Means
CHAPTER 254
AN ACT to amend NRS section 704.033, relating to annual assessments on public utilities, by increasing the allowable rate and by setting a minimum assessment.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.033 is hereby amended to read as follows:
704.033 1. Except as provided in NRS 704.037, the commission shall levy and collect an annual assessment from all public utilities subject to the jurisdiction of the commission, except motor vehicle carriers subject to the provisions of chapter 706 of NRS.
2. The annual assessment shall be not more than [1 1/2] 2 mills on each dollar of gross operating revenue derived from the intrastate operations of such utilities in the State of Nevada during the preceding calendar year [.] , except that the minimum assessment in any 1 year shall be $10. In the case of:
(a) Telephone utilities, such revenue shall be deemed to be local service revenues plus intrastate toll revenues.
(b) Railroads and airlines, such revenue shall be deemed to be revenue received only from freight and passenger intrastate movements.
3. All moneys collected by the commission pursuant to the provisions of NRS 704.033 to 704.039, inclusive, shall be deposited in the state treasury to the credit of the public service commission regulatory fund which is hereby created.
________
Assembly Bill No. 452Mr. Kean
CHAPTER 255
AN ACT to amend NRS sections 639.120, 639.215 and 639.310, relating to the registration of pharmacists, by requiring signature of the rules of professional conduct by each applicant and providing for suspension or revocation of licenses.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 639.120 is hereby amended to read as follows:
639.120 An applicant to become a registered pharmacist in this state must:
1. Be a citizen of the United States of America.
2. Be of good moral character.
3. Be a graduate of a school or college of pharmacy approved by the National Association of Boards of Pharmacy and by the Nevada state board of pharmacy.
κ1965 Statutes of Nevada, Page 544 (CHAPTER 255, AB 452)κ
4. Satisfactorily pass an examination prepared, given and graded by the Nevada state board of pharmacy.
5. Comply with such rules [or regulations, or both,] of the Nevada state board of pharmacy as the board may adopt [, from time to time,] concerning applications to become a registered pharmacist in this state.
6. Affix his signature to the rules of professional conduct, which shall be made a part of the original or renewed certificate of registration.
Sec. 2. NRS 639.215 is hereby amended to read as follows:
639.215 1. The board may by [rule or] regulation adopt, amend or repeal rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession.
2. Every registered pharmacist shall be governed [and controlled] by the rules of professional conduct adopted by the board.
3. The rules of professional conduct adopted by the board shall be printed as a part of the application blanks for registration and for renewals thereof, and every applicant shall subscribe thereto by signing his name when making an application.
4. Nothing contained in NRS 639.213 and this section shall be construed as authorizing the board to adopt rules of professional conduct relating to prices or fees or to advertising and promotion of commodities or services.
Sec. 3. NRS 639.310 is hereby amended to read as follows:
639.310 1. Any person, firm, corporation, partnership or association who violates any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $25 nor more than $100 or by imprisonment in the county jail for not less than 10 days nor more than 50 days, or by both fine and imprisonment.
2. Upon conviction of the violation of any of the provisions of this chapter, the board may suspend or revoke the license of any person, firm, corporation, partnership or association licensed under the provisions of this chapter.
________
Assembly Bill No. 454Messrs. Valentine and Mello
CHAPTER 256
AN ACT to amend NRS section 705.370, relating to railroad emergency first aid kits, by providing that the contents of such kits shall be prescribed by the public service commission of Nevada.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 705.370 is hereby amended to read as follows:
705.370 1. On and after October 1, 1949, every railroad company or corporation or the receiver or receivers thereof owning or operating any railroad wholly or partly within this state shall equip with and maintain in each, every and all their passenger trains, cabooses, locomotives and motors or diesel engines used in the propelling of trains or switching of cars emergency first aid kits as provided in this section.
κ1965 Statutes of Nevada, Page 545 (CHAPTER 256, AB 454)κ
any railroad wholly or partly within this state shall equip with and maintain in each, every and all their passenger trains, cabooses, locomotives and motors or diesel engines used in the propelling of trains or switching of cars emergency first aid kits as provided in this section.
2. All such railroad companies, corporations, or the receiver or receivers thereof, shall equip and maintain each of their passenger trains, cabooses, locomotives, motors or diesel engines, as set forth in subsection 1, with an emergency first aid kit [composed of the following articles: 1 pair scissors; 2 wire gauze splints; 1 box roller bandages; 1 tube of castor oil; 1 dozen triangular bandages; 2 packages plain gauze, yard width; 2 packages 2-inch bandage compresses; a supply of burn ointment (petroleum or other like ointment); and a disinfectant such as methylate metaphine or iodine.] whose contents shall be prescribed by the public service commission of Nevada. Each passenger train and each caboose shall be equipped with at least one stretcher. All of the contents of the emergency first aid kits, except the stretchers, shall be stored on each passenger train, caboose, locomotive, motor or diesel engine, in a clean, sanitary and sterile container and in an accessible place at all times, which places, including the storage places of stretchers, shall be plainly designated.
3. The employee of any such railroad company, corporation or the receiver or receivers thereof, having charge of any passenger train, caboose, locomotive, motor or diesel engine, shall as soon as possible report in writing to the office or officer designated by such company, corporation or receiver for such purpose, whenever any of the emergency first aid kit has been used or has been found missing in order to facilitate the replacement thereof. The emergency first aid kit shall only be used to render first medical or surgical aid to injured passengers, employees or other injured persons requiring such aid at the first possible moment.
4. Any railroad company, corporation or the receiver or receivers thereof, refusing, neglecting or failing to comply with the provisions of this section shall be liable for a penalty to the State of Nevada of $25 for each failure to equip a passenger train, caboose, locomotive or motor or diesel engine with the emergency first aid kit specified in subsection 1. The penalty shall be collected in a civil action therefor upon direction of the attorney general by the district attorney of any county in the state through which the railroad company, corporation or receiver operates its railroad.
5. Any person or any employee of any railroad company, corporation or the receiver or receivers thereof, who shall remove, carry away from its proper place or use any emergency first aid kit provided in this section, except for the purpose of administering first aid in the event of injury to any passenger, employee or other person in any accident whereby the kit may be made available at once, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25.
________
κ1965 Statutes of Nevada, Page 546κ
Assembly Bill No. 463Clark County Delegation
CHAPTER 257
AN ACT to amend chapter 441 of NRS, relating to venereal diseases, by adding a new section providing for the treatment of minors so infected without prior consent to such treatment.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 441 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever any minor is suspected of being infected or is found to be infected with any venereal disease, any local or state health officer, board of health or other health authority is empowered to require such minor to undergo examination or treatment, or both, making due allowance for the minors right of choice provided by NRS 441.200.
2. Such authority may be exercised even though such minor refuses his consent and the consent of the father or mother is withheld or cannot be obtained.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 470Committee on Social Welfare
CHAPTER 258
AN ACT to amend chapter 200 of NRS, relating to crimes against the person, by adding new sections requiring physicians, nurses and others, having notice of child abuse, to make reports of such abuse to the welfare division of the department of health and welfare, prescribing particular duties of the division, providing immunity from liability, making evidence admissible and providing penalties; and providing other matters properly relating thereto.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. It is the policy of this state to provide for the protection of children who have had physical injury inflicted upon them or who are physically neglected and who, in the absence of appropriate reports concerning their condition and circumstances, may be further threatened by the conduct or neglect of those responsible for their care and protection.
Sec. 3. 1. A report, as provided in section 4 of this act, shall be made promptly to any police department or sheriffs office when there is reason to believe that a child under 18 years of age has had serious injury or injuries inflicted on him as a result of abuse or neglect.
κ1965 Statutes of Nevada, Page 547 (CHAPTER 258, AB 470)κ
injury or injuries inflicted on him as a result of abuse or neglect. Upon the receipt of a report concerning the possible nonaccidental infliction of a physical injury upon a child, or willful neglect of a child, it shall be the duty of such law enforcement agency to investigate and forthwith refer such report to the local office of the welfare division of the department of health and welfare. No child about whom such report is made shall be removed from his parents, stepparents, guardian or other persons having lawful custody by such law enforcement agency without consultation with the division unless, in the judgment of the reporting physician or such law enforcement agency, immediate removal is considered essential to protect the child from further injury or abuse.
2. Such report shall be made:
(a) By every physician or surgeon, including doctors of medicine, dentistry and osteopathy, residents and interns, licensed in this state, examining, attending or treating such child.
(b) By the superintendent, manager or other person in charge of a hospital or similar institution, upon notification, which shall be provided by every such physician or surgeon whose attendance with respect to such child is pursuant to his performance of services as a member of the staff of such hospital or institution.
(c) By every nurse, licensed to practice professional nursing in this state, examining, attending or treating such child in the absence of such physician or surgeon.
(d) By every attorney, clergyman, social worker, school authority and teacher.
Sec. 4. 1. The report to the law enforcement agency required under the provisions of section 3 of this act may be made verbally, by telephone or otherwise, and shall be reduced to writing by the maker thereof as soon as possible thereafter.
2. Such report shall contain the following information, if obtainable:
(a) The name, address and age of such child;
(b) The name and address of the childs parents or other persons responsible for his care;
(c) The nature and extent of the childs injuries;
(d) Any evidence of previous injuries; and
(e) Any other information that the maker of the report believes might be helpful in establishing the cause of the injuries.
Sec. 5. 1. The welfare division of the department of health and welfare shall:
(a) Investigate each report referred to it by a law enforcement agency to determine the circumstances surrounding the injury or injuries, the cause thereof, and the person or persons responsible.
(b) Advise such law enforcement agency of its investigation.
(c) Provide such social services as are necessary to protect the child and preserve the family.
2. If the division determines that further action is necessary to protect the child it may refer the case to the district attorney for criminal prosecution or it may file a petition in dependency in the juvenile division of the district court as provided in chapter 62 of NRS.
κ1965 Statutes of Nevada, Page 548 (CHAPTER 258, AB 470)κ
Sec. 6. Immunity from civil or criminal liability extends to every person participating in good faith in:
1. The making of a report pursuant to the provisions of sections 3 and 4 of this act;
2. The instituting of actions pursuant to section 5 of this act; or
3. A judicial proceeding resulting therefrom.
Sec. 7. In any proceeding resulting from a report made or action taken pursuant to the provisions of sections 3, 4 and 5 of this act or in any proceeding where such report or the contents thereof is sought to be introduced in evidence, each report or contents or any other fact or facts related thereto or to the condition of the child who is the subject of the report shall not be excluded on the ground that the matter is or may be the subject of confidentiality or similar privilege or rule against disclosure, notwithstanding the provisions of NRS 48.080 or any other law or rule of evidence concerning confidential communications.
Sec. 8. Any person who knowingly and willfully violates the provisions of sections 3 and 4 of this act is guilty of a misdemeanor.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 503Mr. Petrini
CHAPTER 259
AN ACT to amend NRS section 316.140, relating to general powers of swimming pool districts, by providing that when a district lies entirely within a county and all of its indebtedness has been fully paid, the district may convey all of its property to the county; and providing other matters properly relating thereto.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 316.140 is hereby amended to read as follows:
316.140 For and on behalf of the district the board shall have the following powers:
1. To have perpetual existence.
2. To have and use a corporate seal.
3. To sue and be sued, and be a party to suits, actions and proceedings.
4. Except as otherwise provided in this chapter, to enter into contracts and agreements affecting the affairs of the district, including contracts with the United States of America and any of its agencies or instrumentalities. Except in cases in which a district will receive aid from a governmental agency, a notice shall be published for bids on all construction contracts for work, or material, or both, involving an expense of $2,000 or more. The district may reject any and all bids, and if it shall appear that the district can perform the work or secure material for less than the lowest bid, it may proceed so to do.
κ1965 Statutes of Nevada, Page 549 (CHAPTER 259, AB 503)κ
bids, and if it shall appear that the district can perform the work or secure material for less than the lowest bid, it may proceed so to do.
5. To borrow money and incur indebtedness and evidence the same by certificates, notes or debentures and to issue bonds, in accordance with the provisions of this chapter.
6. To acquire, dispose of and encumber real and personal property, water, water rights, and any interest therein, including leases and easements.
7. To refund any bonded indebtedness of the district without an election. Otherwise, the terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds.
8. To have the management, control and supervision of all the business and affairs of the district, and the construction, installation, operation and maintenance of district improvements therein.
9. To hire and retain agents, employees, engineers and attorneys.
10. To have and exercise the power of eminent domain and, in the manner provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers herein granted, both within and without the district.
11. To construct and maintain swimming pools and works, and establish and maintain facilities in conjunction therewith.
12. To fix and from time to time to increase or decrease rates or charges for services or facilities furnished by the district, and to pledge such revenue for the payment of any indebtedness of the district.
13. To adopt and amend bylaws, not in conflict with the constitution and laws of the state, for carrying on the business, objects and affairs of the board and of the district.
14. To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter.
15. When a district lies entirely within an incorporated city and when all of its indebtedness has been fully paid or satisfied, to convey to such city with the consent of the governing authority thereof all of the property of such district upon the condition that such city will operate and maintain such property. Upon such conveyance the district shall be dissolved and a certificate to such effect shall be signed by the clerical officer of the city and filed with the county clerk of the counties in which the order establishing the district is filed.
16. When a district lies entirely within a county and when all of its indebtedness has been fully paid or satisfied, to convey to such county with the consent of the governing authority thereof all of the property of such district upon the condition that such county will operate and maintain such property. Upon such conveyance the district shall be dissolved and a certificate to such effect shall be signed by and filed with the county clerk of the county in which the order establishing the district is filed.
κ1965 Statutes of Nevada, Page 550 (CHAPTER 259, AB 503)κ
17. When two or more districts are using the same or joint facilities and when the obligations of each district are fully paid or satisfied, to consolidate such districts into one. In such an event the consolidated district shall be under the control of a joint board consisting of the members of each board, until by the occurrence of vacancies or expiration of terms of office the board is reduced to five members. Thereafter, the members of the board shall be elected as provided in NRS 316.130.
Sec. 2. This act shall bcome effective upon passage and approval.
________
Assembly Bill No. 518Clark County Delegation
CHAPTER 260
AN ACT to amend NRS section 31.070, relating to third party claims to attached property, by providing that an aggrieved third party may enforce his right against the sureties without an independent action.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 31.070 is hereby amended to read as follows:
31.070 1. If the property levied on is claimed by a third person as his property by a written claim verified by his oath or that of his agent, setting out his right to the possession thereof, and served upon the sheriff, the sheriff must release the property if the plaintiff, or the person in whose favor the writ of attachment runs, fails within 5 days after written demand to give the sheriff an undertaking executed by at least two good and sufficient sureties in a sum equal to double the value of the property levied on. If such undertaking be given, the sheriff shall hold the property. The sheriff, however, shall not be liable for damages to any such third person for the taking or keeping of such property if no claim is filed by any such third party.
2. Such undertaking shall be made in favor of and shall indemnify such third person against loss, liability, damages, costs and counsel fees by reason of such seizing, taking, withholding or sale of such property by the sheriff. By entering into such an undertaking the sureties thereunder submit themselves to the jurisdiction of the court and irrevocably appoint the clerk of the court as agent upon whom any papers affecting liability on the undertaking may be served. Liability on such undertaking may be enforced on motion to the court without the necessity of an independent action. The motion and such reasonable notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the sureties if their addresses are known.
3. Exceptions to the sufficiency of the sureties and their justification may be had and taken in the same manner as upon an undertaking given in other cases under Titles 2 and 3. If they, or others in their place, fail to justify at the time and place appointed, the sheriff must release the property; but if no exception is taken within 5 days after notice of receipt of the undertaking, the third person shall be deemed to have waived any and all objections to the sufficiency of the sureties.
κ1965 Statutes of Nevada, Page 551 (CHAPTER 260, AB 518)κ
their place, fail to justify at the time and place appointed, the sheriff must release the property; but if no exception is taken within 5 days after notice of receipt of the undertaking, the third person shall be deemed to have waived any and all objections to the sufficiency of the sureties.
4. The sheriff may demand and exact the undertaking herein provided for notwithstanding any defect, informality or insufficiency of the verified claim served upon him.
5. Whenever a verified third-party claim is served upon the sheriff upon levy of the writ of attachment, the plaintiff, or the person in whose favor the writ of attachment runs, shall be entitled to a hearing within 10 days therefrom before the court having jurisdiction of the action, in order to determine title to the property in question, which hearing must be granted by the court upon the filing of an application or petition therefor. Five days notice of such hearing must be given to all parties claiming an interest in the property, or their attorneys, which notice must specify that the hearing is for the purpose of determining title to the property in question. The court may continue the hearing beyond the 10-day period, but good cause must be shown for any such continuance.
________
Assembly Bill No. 522Clark County Delegation
CHAPTER 261
AN ACT to amend NRS section 1.230, relating to grounds for disqualification of district judges in civil actions, by specifying the manner in which the right to disqualify a judge may be lost.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 1.230 is hereby amended to read as follows:
1.230 1. A judge shall not act as such in an action or proceeding when he entertains actual bias or prejudice for or against one of the parties to the action.
2. A judge shall not act as such in an action or proceeding when implied bias exists in any of the following respects:
(a) When he is a party to or interested in the action or proceeding.
(b) When he is related to either party by consanguinity or affinity within the third degree.
(c) When he has been attorney or counsel for either of the parties in the particular action or proceeding before the court.
(d) When he is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree.
3. A judge, upon his own motion, may disqualify himself from acting in any matter upon the ground of actual or implied bias.
4. Any party to an action or proceeding, seeking to disqualify a judge for actual or implied bias, shall file a charge in writing, specifying the facts upon which such disqualification is sought.
κ1965 Statutes of Nevada, Page 552 (CHAPTER 261, AB 522)κ
judge for actual or implied bias, shall file a charge in writing, specifying the facts upon which such disqualification is sought. Hearing on such charge shall be had before such other district judge as the parties may by agreement select, or in absence of such agreement before such judge as shall be appointed by the judge sought to be disqualified.
5. A judge shall not act as such if either party to a civil action in the district court shall file an affidavit alleging that the judge before whom the action is to be tried has a bias or prejudice either against him or in favor of an opposite party to the action. The judge shall proceed no further therein but either transfer the action to some other department of the court, if there be more than one department of the court in the district, or request the judge of some other district court of some other district to preside at the hearing and trial of the action. Every affidavit must be filed before the hearing on any contested matter in the action has commenced, and if no contested matter has been heard in the action prior to the day of the trial thereof, then the affidavit must be filed at least 10 days before the date set for the trial of the action. No affidavit shall be filed unless accompanied by a certificate of the attorney of record for affiant that the affidavit is made in good faith and not for delay, and the party filing the affidavit for change of judge shall at the time of filing same pay to the clerk of the court in which the affidavit is filed $25, which sum shall be by the clerk transmitted to the state treasurer who shall place the same to the credit of the district judges traveling fund. The right hereby granted may be lost by the failure of a party to comply with the requirements set forth in this subsection or by a waiver in writing executed by the party or by his attorney, and not otherwise.
6. No judge or court shall punish for contempt anyone making, filing or presenting a charge for disqualification pursuant to subsection 4 or an affidavit pursuant to subsection 5.
7. This section shall not apply to the arrangement of the calendar or the regulation of the order of business.
8. Paragraph (d) of subsection 2 shall not apply to the presentation of ex parte or uncontested matters, except in fixing fees for attorneys related within the degree of consanguinity or affinity therein specified.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 553κ
Assembly Bill No. 533Mr. Close
CHAPTER 262
AN ACT to amend chapter 207 of NRS, relating to miscellaneous crimes, by adding a new section making it unlawful to give or accept bribes to influence the outcome of sporting events; providing penalties; and providing other matters properly relating thereto.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every person who:
1. Gives, offers or promises to give, or attempts to give or offer any compensation, gratuity or thing of value, or any promise thereof, to any participant or player or any judge, referee, manager or other official of a sporting event or contest; or
2. Asks or receives or offers to receive directly or indirectly any compensation, gratuity, reward or thing of value or any promise thereof, as a participant or player, or as a judge, referee, manager or other official of a sporting event or contest,
with the intention, understanding or agreement that the player or participant or judge, referee, manager or other official of the sporting event will not use his best efforts to win, or will so conduct himself as to limit his or his teams margin of victory, or will corruptly judge, referee, manage or otherwise officiate the sporting event or contest with the intention or purpose that the result of the sporting event will be affected thereby, is guilty of a felony and shall be punished by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 552Committee on Ways and Means
CHAPTER 263
AN ACT creating the Lake Tahoe joint study committee; providing for the organization, duties and powers of such committee; creating the Lake Tahoe joint study fund and making an appropriation thereto; and providing other matters properly relating thereto.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby created the Lake Tahoe joint study committee which shall consist of four members from the State of Nevada, four members from the State of California and one member at large to be selected by the other members of the committee.
κ1965 Statutes of Nevada, Page 554 (CHAPTER 263, AB 552)κ
2. The Nevada members shall be appointed as follows:
(a) One member by the governor from a state agency having an active program interest in the Lake Tahoe basin.
(b) One member by the board of county commissioners of each of the counties of Douglas, Ormsby and Washoe, who shall be a resident or the active operator of a business in that portion adjacent to Lake Tahoe of the county from which he is appointed, but if in any county there is an insufficient number of persons possessing these qualifications to permit a satisfactory choice, the board of county commissioners may make the appointment from the county at large.
Sec. 2. 1. The first meeting of the committee shall be held at a time and place to be fixed by the governors of California and Nevada. At such meeting the committee shall elect one of its members to serve as chairman and shall select the member at large.
2. Thereafter, the committee shall meet at such times and places as the chairman or a majority of the members may designate.
3. Five members of the committee shall constitute a quorum for all purposes.
4. The member appointed by the governor of Nevada shall:
(a) Keep a record of the meetings of the committee;
(b) See that information reaching him concerning the committees work and its field of study is transmitted to the other Nevada members; and
(c) Arrange for payment of expenses to be borne by the State of Nevada.
Sec. 3. The committee shall study and shall develop and present recommendations concerning the need for an areawide agency to provide for the orderly development of the Lake Tahoe basin. The subjects of study shall include:
1. The preparation and adoption of comprehensive plans for future development of the Lake Tahoe basin.
2. The receipt of gifts, bequests or the dedication of scenic easements.
3. The exercise of any of the planning, zoning, architectural or related powers provided by enablement of the states of Nevada or California.
4. The coordination of public works through mandatory referral to an area authority.
5. The construction, operation and maintenance of recreational facilities within the Lake Tahoe basin.
6. The construction, operation and maintenance of public transportation facilities in the air, ground or water.
7. The control of air pollution.
8. The provision of other municipal services to local districts by contract with an area authority.
9. The construction, operation and maintenance of public educational, medical or cultural facilities by an area authority, and the charging of user fees.
10. Vesting in an area authority the power to tax the property of residents or owners of record within the Lake Tahoe basin.
11. The exercise of the power of eminent domain.
κ1965 Statutes of Nevada, Page 555 (CHAPTER 263, AB 552)κ
12. Policing by an area authority of its own facilities and provision of supplementary public health, safety and welfare services to political subdivisions upon request.
13. The receipt by an area authority of subventions of state or federal moneys.
14. Borrowing of money by an area authority.
15. The exercise of urban and area redevelopment authority and contracts with the Federal Government.
16. Restricting an area authority to those functions which are approved by a majority vote of the residents and owners of record of residentially improved property within the Lake Tahoe basin.
17. Vesting in an area authority of any other powers or responsibilities of counties, districts or municipalities under the laws of California or Nevada.
18. Empowering an area authority to reject or accept any other areawide governmental function proposed and approved by vote of the people of the Lake Tahoe basin.
19. Provision for review of the acts of an area authority by the federal district courts.
20. Provision for the election of the governing body of an area authority by the residents and owners of record of residentially owned property within the Lake Tahoe basin.
21. Provision in the government of an area authority for the rights of initiative, referendum and recall.
22. Ratification of the basic charter of an area authority by the federal and state governments and by the people of the Lake Tahoe basin.
Sec. 4. The committee shall report its recommendations to the 54th session of the legislature of the State of Nevada.
Sec. 5. The committee may:
1. Receive gifts of money only for the purposes stated in section 3.
2. Employ or contract for such professional or technical services as may be necessary, subject to the limitations provided in section 6.
Sec. 6. 1. To enable the committee to perform the duties provided in section 3, there is hereby created in the state treasury the Lake Tahoe joint study fund. All moneys provided by direct legislative appropriation or received as gifts by the committee shall be deposited in such fund. Moneys in such fund shall be paid out on claims certified by the committee, and approved by the state board of examiners, in the same manner as other claims against the state are paid.
2. There is hereby appropriated from the general fund in the state treasury the sum of $10,000 to the Lake Tahoe joint study fund.
Sec. 7. This act shall become effective only if a similar act providing for the appointment of committee members from California and appropriating moneys for the work of the committee is or has been enacted by the legislature of the State of California. If such an act has been so adopted, this act shall become effective upon passage and approval. If such an act is so adopted after the passage and approval of this act, this act shall become effective upon passage and approval of such act.
________
κ1965 Statutes of Nevada, Page 556κ
Assembly Bill No. 571Committee on Taxation
CHAPTER 264
AN ACT to amend chapter 360 of NRS, relating to the Nevada tax commission, by adding a new section providing that unclaimed security deposits for closed sales and use tax accounts may be transferred to the general fund upon the service of the prescribed notice.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 360 of NRS is hereby amended by adding a new section which shall read as follows:
1. Three years after the service of notice upon any person who has deposited security with the Nevada tax commission pursuant to the provisions of NRS 372.510 that all sales tax and use tax liability has been extinguished or satisfied and that his account has been closed and his security is eligible for return, the commission may, upon the failure of such person to claim such security, direct the state treasurer to:
(a) Transfer all or any part of such security to the general fund in the state treasury, if such security is in the form of a cash deposit; or
(b) Sell the security in the manner prescribed in NRS 372.510 and deposit the proceeds thereof in the general fund of the state treasury, if such security is in the form of a United States bearer bond.
2. If any such account has been closed upon the extinguishment or satisfaction of such tax liability for a period of 3 years or more prior to the effective date of this act and any such security therefor remains unclaimed, the commission may, after serving a 30-day notice on the person so depositing, direct the state treasurer to proceed in the manner prescribed in subsection 1.
3. Notice mentioned in this section shall be given as provided in NRS 372.425.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 605Mr. Close
CHAPTER 265
AN ACT to amend chapter 393 of NRS, relating to school property, by adding a new section authorizing any school district to expend school construction funds for public improvements outside its own premises; and providing a limitation.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 393 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding the provisions of any other law, any school district in this state may expend moneys available for school construction to make necessary improvements, including but not limited to sidewalks, curbs, gutters, street lights, fire hydrants, water and sewer lines, street paving and drainage for flood control, which are located off the premises of the school district but are necessary or appropriate to the school construction undertaken.
κ1965 Statutes of Nevada, Page 557 (CHAPTER 265, AB 605)κ
in this state may expend moneys available for school construction to make necessary improvements, including but not limited to sidewalks, curbs, gutters, street lights, fire hydrants, water and sewer lines, street paving and drainage for flood control, which are located off the premises of the school district but are necessary or appropriate to the school construction undertaken.
Sec. 2. This act shall become effective upon passage and approval, and shall expire by limitation on July 1, 1967.
________
Assembly Bill No. 606Committee on Education
CHAPTER 266
AN ACT to amend NRS section 116.020, relating to the acquisition of public school sites in subdivisions, by increasing the time allowed for selection by boards of trustees of school districts.
[Approved April 1, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 116.020 is hereby amended to read as follows:
116.020 1. Whenever any lands are hereafter laid out and platted as mentioned in NRS 116.010, the owner or owners of the same or any trustee or trustees selected by the owner or owners shall cause to be made out an accurate map or plat, particularly setting forth and describing:
(a) All the parcels of ground so laid out and platted by their boundaries, course and extent, and their position with reference to monuments erected or constructed, not less than one to each four blocks, with definite and exact relation to the center lines of the streets of the plat or subdivision, and whether they are intended for avenues, streets, lanes, alleys, commons or other public uses, together with such as may be reserved for public purposes.
(b) All blocks and lots, whether intended for sale or otherwise, by numbers or letters, and their precise length and width.
(c) By course and distance, the position of one or more of the monuments with reference to a known and established corner of the public land survey.
(d) Each monument or mark by which the location of the blocks, lots, streets, alleys and public places has been fixed by survey upon the ground.
2. If the lands so laid out and platted comprise 40 acres or more, the planning commission or governing body with which the tentative map or plat is filed shall, as soon as practicable, provide a copy of such map to the board of trustees of the school district within which such lands are located. Within [15] 30 days after receipt of such copy, the board of trustees shall, if a school site is needed within the area, notify such commission or body that a site is requested.
κ1965 Statutes of Nevada, Page 558 (CHAPTER 266, AB 606)κ
3. If the board of trustees requests a site, the person who platted the land shall set aside a site of no less than 5 acres. Such person and the board of trustees shall negotiate for the price of the site, which shall not exceed the fair cash market value of the land as determined by competent appraisal. If any lands purchased by a school district pursuant to the provisions of this subsection have not been placed in use as a school site at the end of 10 years from the date of purchase, they shall then first be offered to the person who platted the land or his successor in interest at a sale price equal to the original purchase price. If such person does not accept the offer, then the board of trustees may:
(a) Sell or lease such property in the manner provided in NRS 393.220 to 393.320, inclusive.
(b) Exchange such property in the manner provided in NRS 393.326 to 393.3293, inclusive.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 241A Joint Committee of the Assemblymen from Clark and Washoe Counties
CHAPTER 267
AN ACT to amend NRS section 3.010, relating to the judicial districts of the State of Nevada and the number of district judges therein, by creating an additional office of district judge in the eighth judicial district; providing the manner of filling a vacancy which may occur and the payment of salary of the person appointed to fill such vacancy; and providing other matters properly relating thereto.
[Approved April 2, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into eight judicial districts, as follows:
First judicial district. The counties of Ormsby, Douglas, Churchill, Storey and Lyon shall constitute the first judicial district.
Second judicial district. The county of Washoe shall constitute the second judicial district.
Third judicial district. The counties of Eureka and Lander shall constitute the third judicial district.
Fourth judicial district. The county of Elko shall constitute the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye shall constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt shall constitute the sixth judicial district.
Seventh judicial district. The counties of White Pine and Lincoln shall constitute the seventh judicial district.
κ1965 Statutes of Nevada, Page 559 (CHAPTER 267, AB 241)κ
Eighth judicial district. The county of Clark shall constitute the eighth judicial district.
2. For each of the judicial districts, except the first, second and eighth judicial districts, there shall be one judge elected. For the first judicial district there shall be two judges elected. For the second judicial district there shall be four judges elected. For the eighth judicial district there shall be [four] five judges elected.
3. Whenever a vacancy shall occur in the office of any district judge it shall be filled as provided by law.
Sec. 2. 1. Until the 1st Monday in January 1967, the number of district judges in the eighth judicial district shall be and remain as heretofore provided by law unless there shall occur a vacancy in the office of district judge in the eighth judicial district as now provided by law, in which event the number of district judges of the eighth judicial district shall be five as of the date of such vacancy.
2. If a vacancy in the office of district judge in the eighth judicial district is filled prior to the 1st Monday in January 1967, pursuant to the provisions of subsection 1 of this section, the person appointed shall receive an annual salary of a district judge as provided in NRS 3.030.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 360Messrs. Bailey, Bowler, Bunker, Mrs. Frazzini, Messrs. Gray, Giomi, Miss Herr, Messrs. Jacobsen, Leavitt, Manning, Olsen, Mrs. Parsons, Messrs. Petrini, Pozzi, Rosaschi, Swobe and Mrs. Tyson
CHAPTER 268
AN ACT to amend chapter 225 of NRS, relating to the secretary of state, by adding new sections creating the division of archives and prescribing the powers and duties of the secretary of state in connection therewith; to amend NRS sections 225.070 and 225.100, relating to the secretary of states duties concerning archives, records and copies of records, by placing existing records in the archives and authorizing the furnishing of uncertified copies of archives materials; to amend an act entitled An Act creating the Nevada centennial commission; providing for the organization of such commission and its powers and duties; creating a Nevada centennial fund; and providing other matters properly relating thereto, approved March 29, 1961, as amended, by making an appropriation to support the division of archives; and providing other matters properly relating thereto.
[Approved April 2, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 225 of NRS is hereby amended by adding thereto the provisions set forth in sections 2 and 3 of this act.
Sec. 2. The division of archives is hereby created within the office of the secretary of state. The secretary of state shall:
1. Maintain and properly equip safe and secure vaults for the preservation and use of material deposited in the archives in rooms located in the northwest portion of the capitol basement when such rooms are vacated by the buildings and grounds division of the department of administration.
κ1965 Statutes of Nevada, Page 560 (CHAPTER 268, AB 360)κ
rooms are vacated by the buildings and grounds division of the department of administration.
2. Employ personnel to preserve, index and aid in the use of material deposited in the archives.
3. Give an appropriate receipt for material received by him as part of the archives.
4. Make readily available for use material deposited in the archives.
Sec. 3. The secretary of state may:
1. Receive into the archives any material from a state agency which he deems to be of historical value, and shall receive into the archives any other material when so directed by the state board of examiners.
2. With the approval of the state board of examiners, return to the state agency from which it was received any material in the archives which he does not deem to be of historical value.
3. Receive into the archives any material which he deems to be of historical value from, and upon the order or resolution of the governing body of, a city, town or county.
Sec. 4. NRS 225.070 is hereby amended to read as follows:
225.070 1. The secretary of state shall have the custody of and shall carefully preserve [:] in the division of archives:
(a) The enrolled copy of the constitution of the State of Nevada.
(b) The description of the state seal and other seals of which a description may be required to be deposited in his office.
(c) The proceedings and all papers of the two constitutional conventions heretofore held for the purpose of framing a constitution of this state.
(d) The manuscripts containing the enrolled acts and joint resolutions and journals of the legislature of this state and the Territory of Nevada.
(e) The records, papers and documents of Carson County, Utah Territory, and all other books, records and documents which, by the laws of the Territory of Nevada, were required to be deposited and kept in the office of the secretary of the Territory of Nevada.
(f) All the books, records, parchments, maps, registers and papers that may be required to be deposited in his office or kept therein.
(g) All deeds and conveyances belonging to the state.
(h) All official bonds approved by the governor, except the bond of the secretary of state.
(i) All written contracts to which the state is a party, unless required to be deposited elsewhere.
2. The deeds, conveyances and official bonds shall be recorded in well-bound books, and the original papers, except the bond of the secretary of state, shall not be permitted to be taken out of the office on any pretense whatever, unless in the possession of the secretary of state or his deputy.
Sec. 5. NRS 225.100 is hereby amended to read as follows:
225.100 The secretary of state shall furnish, on demand, to any person paying the proper legal fees therefor: [, a]
1. A duly certified copy of all or any part of any law, act, record or other instrument of writing on file or deposited in his office [,] or the archives, and of which a copy may properly be given.
κ1965 Statutes of Nevada, Page 561 (CHAPTER 268, AB 360)κ
or other instrument of writing on file or deposited in his office [,] or the archives, and of which a copy may properly be given.
2. A copy of any material in the archives.
Sec. 6. Section 5 of chapter 206, Statutes of Nevada 1961, as amended by chapter 341, Statutes of Nevada 1963, at page 688, is hereby amended to read as follows:
Section 5. For the purpose of enabling the commission to perform the powers and duties enumerated in section 3, there is hereby created in the state treasury the Nevada centennial fund. All moneys provided by direct legislative appropriation or received by the commission by gift, or from the sale of souvenirs or medallions, first-day mailings or any other source shall be deposited in such fund. Moneys in such fund shall be paid out on claims certified by the commission in the same manner as other claims against the state are paid. On June 30, 1965, the Nevada centennial fund shall terminate and the state controller is directed on that date to transfer the sum of $25,000 from the fund to the secretary of state for the support of the division of archives for the 2 fiscal years beginning July 1, 1965, and ending June 30, 1967, and any moneys remaining [therein] to the general fund in the state treasury.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 38Committee on Aviation, Transportation and Highways
CHAPTER 269
AN ACT to amend NRS sections 483.140, 483.240, 483.260, 483.280, 483.380, 483.410 and 483.420, relating to motor vehicle operators and chauffeurs licenses, by restricting the definition of resident to 6 months actual residence in the state, by deleting requirement of local license for nonresident holders of chauffeurs licenses, by providing restrictions for holders of special chauffeurs licenses and temporary permits, by providing exemptions from penalties for late renewal; and providing other matters properly relating thereto.
[Approved April 2, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.140 is hereby amended to read as follows:
483.140 [1.] Resident means every person who has been actually, physically and corporeally present in the State of Nevada for a period of 6 months.
[2. In addition, every person who has signified his intention of becoming a resident, and every person residing in this state for any period of time whatever, who is gainfully employed in the state or who uses his own motor vehicle or that of another person for a gainful purpose, shall, for the purposes of NRS 483.010 to 483.630, inclusive, be deemed a resident of the State of Nevada and subject to the provisions of NRS 483.010 to 483.630, inclusive.]
κ1965 Statutes of Nevada, Page 562 (CHAPTER 269, SB 38)κ
Sec. 2. NRS 483.240 is hereby amended to read as follows:
483.240 The following persons are exempt from license under the provisions of NRS 483.010 to 483.630, inclusive:
1. Any person while operating a motor vehicle in the service of the Army, Navy or Marine Corps of the United States.
2. Any person while driving or operating any road machine, farm tractor or implement of husbandry temporarily operated or moved on a highway.
3. A nonresident who is at least 16 years of age and who has in his immediate possession a valid operators license issued to him in his home state or country may operate a motor vehicle in this state only as an operator.
4. A nonresident who is at least 18 years of age and who has in his immediate possession a valid chauffeurs license issued to him in his home state or country may operate a motor vehicle in this state either as an operator or chauffeur. [, except that any such person must be licensed as a chauffeur under the provisions of NRS 483.010 to 483.630, inclusive, before accepting employment as a chauffeur from a resident of this state, or if he makes regularly established trips over the highways of this state.]
5. Any nonresident who is at least 18 years of age, whose home state or country does not require the licensing of operators, may operate a motor vehicle as an operator only for a period of not more than 90 days in any calendar year, if the motor vehicle so operated is duly registered in the home state or country of such nonresident.
Sec. 3. NRS 483.260 is hereby amended to read as follows:
483.260 1. The department upon issuing a chauffeurs license shall indicate thereon the class of license so issued and shall appropriately examine each applicant according to the class of license applied for and may impose such rules and regulations for the exercise thereof as it may deem necessary for the safety and welfare of the traveling public.
2. No person who is under the age of 18 years shall drive any motor vehicle while in use as a school bus for the transportation of pupils to or from school, except as provided in subsection 3 of this section, nor any motor vehicle while in use as a public or common carrier of persons or property, nor in either event until he has been licensed as a chauffeur and received a special chauffeurs license.
3. A chauffeurs license for the operation of a school bus only when in use for the transportation of pupils to and from school may be issued to an applicant between the ages of 16 and 18 years who otherwise complies with all the other particulars of NRS 483.010 to 483.630, inclusive, if:
(a) The board of trustees of the school district in which the school bus is to be operated recommends the licensing of the applicant; and
(b) The applicant meets all requirements fixed by duly adopted regulations of the department.
4. No such person shall be granted a special chauffeurs license unless he has had 1 year of legal driving experience prior to the issuance thereof.
5. No such license shall be granted until the department is fully satisfied as to the applicants competency and fitness to be so employed.
κ1965 Statutes of Nevada, Page 563 (CHAPTER 269, SB 38)κ
Sec. 4. NRS 483.280 is hereby amended to read as follows:
483.280 1. Any person who is at least 15 1/2 years of age may apply to the department for an instruction permit. The department may, in its discretion, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having such permit in his immediate possession, to drive a motor vehicle upon the highways for a period of 6 months when accompanied by a licensed operator or chauffeur who has had at least 1 year of licensed driving experience and who is actually occupying a seat beside the driver, except when the permittee is occupying a motorcycle. No license may be issued until the applicant has reached his 16th birthday. The term licensed driving experience as used in this subsection does not include driving experience gained under an instruction permit issued pursuant to the provisions of this section.
2. The department may, in its discretion, issue a temporary drivers permit to an applicant for an operators license permitting him to operate a motor vehicle while the department is completing its investigation and determination of all facts relative to such applicants right to receive an operators license. Such permit must be in his immediate possession while operating a motor vehicle, and it shall be invalid when the applicants license has been issued or for good cause has been refused.
3. The department, upon receiving proper application, may, in its discretion, issue a restricted instruction permit effective for a school year, or more restricted period, to an applicant who is enrolled in a driver-education program which includes practice driving and which is approved by the department even though the applicant has not reached the legal age to be eligible for an operators license. Such instruction permit shall entitle the permittee when he has such permit in his immediate possession to operate a motor vehicle only on a designated highway or within a designated area, but only when an approved instructor is occupying a seat beside the permittee.
Sec. 5. NRS 483.380 is hereby amended to read as follows:
483.380 1. Every operators and chauffeurs license shall expire on the fifth anniversary of the date of birth of the applicant occurring after June 30 next following the date of its issuance, except that any such license issued on or after the 65th birthday of the applicant shall expire on the second anniversary of the date of birth of the applicant occurring after June 30 next following the date of its issuance. Any applicant whose date of birth was on February 29 in a leap year shall, for the purposes of NRS 483.010 to 483.630, inclusive, be considered to have the anniversary of his birth fall on February 28. Every such license shall be renewable on or during a 90-day period before its expiration upon application and payment of the required fee, and, except as provided in subsection 3, each applicant for renewal shall appear before a drivers license examiner and submit to an eye test. If the administrator or his duly authorized agent has reason to believe that the licensee is no longer qualified to receive a license because of his physical condition, the department may require that the applicant submit to an examination pursuant to the provisions of NRS 483.330.
κ1965 Statutes of Nevada, Page 564 (CHAPTER 269, SB 38)κ
NRS 483.330. All persons whose licenses have expired must take the regular examinations as set forth in NRS 483.330, and all persons whose licenses have expired for a period of 30 days or more shall pay to the department the penalty provided in NRS 483.410 in addition to the cost of renewing the license [.] with the exception of the following persons who are exempt from the foregoing penalty:
(a) Persons who have not driven a motor vehicle subsequent to the expiration of their Nevada drivers license and who submit an affidavit stating such fact;
(b) Persons renewing an expired Nevada drivers license who have in their possession a valid drivers license from another jurisdiction; and
(c) Persons whose Nevada drivers license has expired during a period of suspension, if a renewal application is completed within 30 days from the date of eligibility for renewal.
2. Operators or chauffeurs licenses or renewal licenses for the operation of motor vehicles within the State of Nevada, held by any person who is in the military services of the United States during time of war or national emergency, shall be extended by the department to the termination of such service.
3. The department may provide by regulation for the acceptance of a report from an ophthalmologist or optometrist in lieu of an eye test by a drivers license examiner in any case in which the applicant is unable to appear in person during the required time because of absence from the state or other good cause.
Sec. 6. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every license issued the following fees shall be charged:
Operators license for a person under 65 years of age........................... $3
Operators license for a person 65 years of age or older.......................... 1
Chauffeurs license for a person under 65 years of age........................... 5
Chauffeurs license for a person 65 years of age or older........................ 2
2. For every reinstatement or duplication of a license or change of name or address the following fees shall be charged:
Reinstatement of license after suspension, revocation or cancellation $5
Duplicate license............................................................................................ 1
Change of name.............................................................................................. 1
Change of address......................................................................................... 1
3. A penalty of $5 shall be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.380 [.] unless exempt under NRS 483.380.
4. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
5. All money collected by the administrator shall be deposited at least once a month with the state treasurer, who shall deposit the money to the credit of the state highway fund.
Sec. 7. NRS 483.420 is hereby amended to read as follows:
483.420 1. The department is hereby authorized to cancel any operators or chauffeurs license upon determining that the licensee was not entitled to the issuance thereof under NRS 483.010 to 483.630, inclusive, or that the licensee failed to give the required or correct information in his application or committed any fraud in making such application.
κ1965 Statutes of Nevada, Page 565 (CHAPTER 269, SB 38)κ
not entitled to the issuance thereof under NRS 483.010 to 483.630, inclusive, or that the licensee failed to give the required or correct information in his application or committed any fraud in making such application.
2. Upon such cancellation, the licensee must surrender the license canceled [and any chauffeurs badge] to the department.
________
Senate Bill No. 273Committee on Finance
CHAPTER 270
AN ACT appropriating $810,000 from the state highway fund to the state planning board for the purpose of constructing a department of motor vehicles building in Carson City, Ormsby County, Nevada; stating the powers, duties and responsibilities of the state planning board; and providing other matters properly relating thereto.
[Approved April 2, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sum of $810,000 is hereby appropriated from the state highway fund in the state treasury for the support of the state planning board for the construction of a department of motor vehicles building in Carson City, Ormsby County, Nevada.
Sec. 2. 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 work 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 construction work.
3. All construction 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. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for sealed bids for the construction work designated in this act. Approved plans and specifications for such construction work 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 a part or parts of the construction work, and may let separate contracts for different and separate portions of the construction work. Any and all bids may be rejected for any good reason.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 566κ
Senate Bill No. 81Committee on Aviation, Transportation and Highways
CHAPTER 271
AN ACT relating to motor vehicle carriers; to amend NRS sections 706.030 to 706.050, inclusive, 706.070, 706.100, 706.110, 706.130, 706.160, 706.180 to 706.210, inclusive, 706.250 to 706.270, inclusive, 706.310, 706.350, 706.390, 706.400, 706.420, 706.430, 706.460, 706.480, 706.500, 706.520 to 706.540, inclusive, 706.560, 706.580, 706.595, 706.600, 706.650, 706.670, 706.685 and 706.820, relating to definitions of words and terms, legislative declaration of purpose, rules and regulations of the public service commission of Nevada and the department of motor vehicles, employees of the public service commission of Nevada, costs of administration, the use of license receipts, police powers of inspectors, information required to be furnished by common carriers, weighing of motor vehicles, requirements for reasonable transportation charges and for certificates of public convenience and necessity, hearings, denials of certificates and permits, taxicabs, liability insurance, flat rate and other license fees, licensing of motor convoy carriers, trip licenses, license plates, transfers of certificates, permits and licenses and exemptions; to amend chapter 706 of NRS, relating to motor vehicle carriers, by adding new sections defining the term broker, and providing for the payment of fees for the reissuance of cab cards, decals and license plates when lost; to amend NRS section 366.260, relating to the validity and transferability of special fuel users licenses and permits; to amend NRS section 481.051, relating to the appointment of vendors by the department of motor vehicles for the sale of licenses; to repeal NRS sections 706.060, 706.170, 706.490 and 706.505, relating to the definition, licenses, bonds and insurance of contract motor carriers of property and administrative forms; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 366.260 is hereby amended to read as follows:
366.260 1. Each special fuel users license shall be valid until suspended or revoked for cause or otherwise canceled.
2. Each special fuel vehicle permit shall be valid for the [fiscal] calendar year unless suspended or revoked for cause or otherwise canceled.
3. No special fuel users license or special fuel vehicle permit shall be transferable.
Sec. 2. NRS 481.051 is hereby amended to read as follows:
481.051 1. As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The director may, within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
3. The director shall:
(a) Formulate the policy of the department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the department.
(c) From time to time adopt, amend and rescind such rules and regulations consistent with law as he may deem necessary for the operation of the department and the enforcement of all laws administered by the department.
κ1965 Statutes of Nevada, Page 567 (CHAPTER 271, SB 81)κ
regulations consistent with law as he may deem necessary for the operation of the department and the enforcement of all laws administered by the department.
4. The director may appoint vendors to serve as department agents [on the highways of the state] for the purpose of selling [one-trip licenses, convey one-trip] licenses and of collecting other [one-trip] fees and bonds where fixed ports of entry do not adequately serve a respective highway entering the state. The vendor shall be remunerated at the rate of [50] 75 cents per license or bond sold. The vendor shall collect the [special fuel] tax, fees and licenses provided for in [chapter 366 of NRS and the one-trip and convoy one-trip license fees provided for in chapter 706 of NRS.] chapters 366 and 706 of NRS, and pay them to the department. The vendor shall collect any bonds as required and pay them to the department. The vendor shall guarantee such payment by giving a bond to the state in such sum as may be fixed by the director. The premium on such bond shall be paid by the department. The director may appoint inspectors of the public service commission of Nevada and Nevada highway patrolmen to serve without remuneration as vendors for the purposes of this subsection.
Sec. 3. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Broker means a person who is not a common motor carrier and not a bona fide employee or agent of any such carrier, who or which, as principal or agent, sells or offers for sale any transportation, or negotiates for, or holds himself out or itself out by solicitation, advertisement or otherwise as one who sells, provides, furnishes, contracts or arranges for, such transportation.
2. Services and transportation to which subsection 1 applies include all vehicles operated by, for, or in the interest of any motor carrier irrespective of ownership or of contract, express or implied, together with all facilities and property operated or controlled by any such carrier or carriers and used in the transportation of passengers or property in intrastate commerce or in the performance of any service in connection therewith.
Sec. 4. NRS 706.030 is hereby amended to read as follows:
706.030 Common motor carrier of passengers means any person, including a taxicab motor carrier, who holds himself out to the public as willing to undertake for hire to transport by motor vehicle from place to place, either upon fixed route or on-call operations, passengers or passengers and light express for all who may choose to employ him.
Sec. 5. NRS 706.040 is hereby amended to read as follows:
706.040 Common motor carrier of property means any person, including a motor convoy carrier, who holds himself out to the public as willing to undertake for hire to transport by motor vehicle from place to place, either upon fixed route or on-call operations, the property of all who may chose to employ him.
Sec. 6. NRS 706.050 is hereby amended to read as follows:
706.050 Contract motor carrier of [passengers] passengers or property means any person engaged in [the] transportation by motor vehicle of passengers or property for [hire for a particular person or persons to or from a particular place under separate agreement or agreements and] compensation under continuing contracts with one person or a limited number of persons either:
κ1965 Statutes of Nevada, Page 568 (CHAPTER 271, SB 81)κ
persons to or from a particular place under separate agreement or agreements and] compensation under continuing contracts with one person or a limited number of persons either:
1. For the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served; or
2. For the furnishing of transportation services designed to meet the distinct need of each individual customer,
and not operating as a common carrier of passengers [.] or property.
Sec. 7. NRS 706.070 is hereby amended to read as follows:
706.070 1. Motor convoy carrier means any person, whether engaged in any of the carrier services defined in NRS 706.020 to [706.120,] 706.125, inclusive, or otherwise, [who drives or tows by means of another motor vehicle or other motive power or carries in another motor vehicle, or who drives a single motor vehicle, or causes to be driven, towed or carried any motor vehicle or vehicles, or causes a single motor vehicle to be so driven, over and along the public highways of this state, or who furnishes drivers for the movement of vehicles, or furnishes vehicles to drivers, to be driven over and along the public highways of this state, when such motor vehicle or vehicles is so driven, towed or carried for compensation or for the purpose of selling or offering the same for sale or exchange, or storage prior to sale, or delivery subsequent to sale, or for use in common, contract or private carrier service, or for the purpose of delivering a vehicle from one place to another for compensation.] engaged in the driveaway-towaway transportation of motor vehicles in transit, that is, in process of delivery, over and upon the highways of this state, and transported for compensation, or for the purpose of selling or offering the same for sale or exchange or storage prior to sale, or delivery subsequent to sale, or for subsequent use in the service, of any common, contract or private carrier, or, when such person causes such services to be rendered, or who furnishes drivers for the movement of in transit motor vehicles, or who furnishes in transit motor vehicles to drivers.
2. As used in this chapter, driveway-towaway transportation means the driving of a motor vehicle in transit, singly under its own power, or in lawful combinations by the towbar, saddlemount or combinations thereof, or where a trailer or semitrailer in transit is being towed or drawn, and in the process of delivery.
Sec. 8. NRS 706.100 is hereby amended to read as follows:
706.100 1. Private motor carrier of property means any person engaged in the transportation by motor vehicle of property sold, or to be sold, or used by him in furtherance of any private commercial enterprise.
2. Private motor carrier of property shall not be construed as permitting the carriage of any property whatsoever for [hire.] compensation, direct or indirect.
Sec. 9. NRS 706.110 is hereby amended to read as follows:
706.110 1. Public highway means every public street, road, highway or thoroughfare of any kind used by the public.
2. Public highway shall not include:
κ1965 Statutes of Nevada, Page 569 (CHAPTER 271, SB 81)κ
(a) That portion of highways under construction or reconstruction. Portions of highways under construction or reconstruction excluded from the term public highway by virtue of this subsection shall include those sections of highway between the portion under construction or reconstruction and the pits and the sources of materials [designated] approved by the department of highways [on the plans and specifications of] for that particular portion of highway under construction or reconstruction.
(b) Any highway constructed by private individuals for the use of a private enterprise, although the same may be used occasionally by persons other than the individuals constructing such highway or who use the same in furtherance of a private enterprise, if no public funds are currently used in the maintenance of such highway in any amount whatsoever.
Sec. 10. NRS 706.130 is hereby amended to read as follows:
706.130 1. It is hereby declared to be the purpose and policy of the legislature in enacting [NRS 706.010 to 706.700, inclusive:] this chapter:
[1.] (a) To confer upon the commission the power and authority and to make it the duty of the commission to supervise and regulate the common and contract motor carrying of property and passengers for hire, and to [supervise] regulate for licensing purposes the private motor carrying of property when used for private commercial enterprises on the public highways of this state, and to confer upon the department the power and authority to license all motor carriers, so as to relieve the existing and all future undue burdens on such highways arising by reason of the use of such highways by motor vehicles in a gainful occupation thereon; [and
2.] (b) To provide for reasonable compensation for the use of such highways in such gainful occupations, and enable the State of Nevada, by a utilization of the license fees, to provide more fully for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways [.] ; and
(c) To provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and foster sound economic conditions in motor transportation, and to encourage the establishment and maintenance of reasonable charges for such transportation services, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices.
2. All of the provisions of this chapter shall be administered and enforced with a view to carrying out the declaration of policy contained in subsection 1.
Sec. 11. NRS 706.160 is hereby amended to read as follows:
706.160 The commission and the department shall each have power to make necessary and reasonable rules and regulations governing the procedure, administration and enforcement of the provisions of [NRS 706.010 to 706.700, inclusive.] this chapter, for which they are respectively responsible.
Sec. 12. NRS 706.180 is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 570 (CHAPTER 271, SB 81)κ
706.180 [1.] The commission is authorized to employ [:
(a) One chief official inspector, an assistant inspector] one chief inspector and such other inspectors and personnel as it may deem necessary for the efficient administration of NRS 706.010 to [706.700, inclusive. Such inspectors] 706.720, inclusive. Inspectors shall perform such other duties as may be assigned to them by the commission. [The commission may change inspectors whenever the service required justifies.
(b) One clerk, who shall also be a stenographer, for the purpose of expediting the administration of NRS 706.010 to 706.700, inclusive.
2. The commission may, within the limits of chapter 284 of NRS, fix the compensation of the inspectors and employees designated in subsection 1, and provide for their necessary expenses, but no expenditure shall be made or obligation incurred under NRS 706.010 to 706.700, inclusive, in excess of 15 percent of the amount collected under NRS 706.010 to 706.700, inclusive.]
Sec. 13. NRS 706.190 is hereby amended to read as follows:
706.190 All costs of administration of [NRS 706.010 to 706.700, inclusive,] this chapter shall be paid from the state highway fund on claims presented by the commission, approved by the state board of examiners. [; provided:
1. That the amount of such claims shall not exceed 15 percent of the amount collected under NRS 706.010 to 706.700, inclusive; and
2. That for the purposes of carrying out the provisions of NRS 706.010 to 706.700, inclusive, all moneys collected after January 1, 1941, under the provisions of NRS 706.010 to 706.700, inclusive, shall be construed to be the principal upon which the 15 percent stated in NRS 706.180 shall apply.]
Sec. 14. NRS 706.200 is hereby amended to read as follows:
706.200 1. All moneys collected under the provisions of [NRS 706.010 to 706.700, inclusive,] this chapter shall be paid over to the state treasurer by the department on or before the 1st Monday of each month. The state treasurer shall place such moneys in the state highway fund for the construction, maintenance and repair of the public highways of this state.
2. The department is directed and authorized to deposit such moneys, while in its possession, in a reputable bank in this state. Such bank shall execute and deliver to the department good and sufficient collateral security or a depositary bond to be approved by the state board of examiners.
Sec. 15. NRS 706.210 is hereby amended to read as follows:
706.210 1. The commission and its inspectors shall:
(a) Enforce all rules and regulations of the commission and the department pertaining to [NRS 706.010 to 706.700, inclusive.] this chapter.
(b) Assist in the enforcement of all laws pertaining to the registration of motor vehicles.
2. The commission and its inspectors shall [not be given] have police power [except] for the enforcement of [NRS 706.010 to 706.700, inclusive,] chapter 704 of NRS and this chapter, and laws pertaining to the registration of motor vehicles.
κ1965 Statutes of Nevada, Page 571 (CHAPTER 271, SB 81)κ
3. Inspectors may carry firearms in the performance of their duties.
Sec. 16. NRS 706.250 is hereby amended to read as follows:
706.250 All common motor carriers of property, [and] common motor carriers of passengers, brokers, taxicab motor carriers and motor convoy carriers are hereby declared:
1. To be common carriers within the meaning of the public utility laws of this state; and
2. To be affected with a public interest, and subject to NRS 706.010 to [706.700,] 706.720, inclusive, and to the laws of this state, including the regulation of all rates, charges and services now in force or that hereafter may be enacted, pertaining to public utilities and common carriers as far as applicable, and not in conflict herewith.
Sec. 17. NRS 706.260 is hereby amended to read as follows:
706.260 1. It shall be unlawful for any common, contract or private motor carrier of property or passengers to operate as a [common] carrier of interstate or foreign commerce within this state, without first having furnished the commission full written information concerning:
(a) Good and sufficient evidence satisfactory to the commission that it has complied with all provisions of the Federal Motor Carrier Act of 1935 [.] , as amended.
(b) The complete route or routes over which the applicant desires to operate.
(c) [A copy of its tariff or tariffs, supplements thereto, or revised pages thereof. It shall keep on file with the commission all new tariffs, supplements thereto, or revised pages thereof.
(d)] Such other information as the commission may request. [covering observance of state police regulations and payment of fees.]
2. Upon receipt of such information by the commission, and upon payment of the license fees to the department, the department shall issue such interstate or foreign common carrier of property or passengers a license.
3. The commission may, in its discretion, upon receipt of an application for license and payment of license fees to the department, waive the above requirements, knowing the above requirements have been complied with.
Sec. 18. NRS 706.270 is hereby amended to read as follows:
706.270 1. The commission and the department are hereby vested with the power and authority to and the department shall license and the commission shall supervise and regulate all contract motor carriers of property, contract motor carriers of passengers and [supervise] regulate for licensing purposes all private motor carriers of property within the State of Nevada either in interstate or foreign or intrastate commerce.
2. The commission may regulate and fix the minimum carrying charges of all such intrastate contract motor carriers, and conduct hearings, make and enter necessary orders and enforce the same with respect thereto in the same manner and form as is now or may hereafter be provided by law for the regulation of the rates, charges and services of common motor carriers.
Sec. 19. NRS 706.310 is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 572 (CHAPTER 271, SB 81)κ
706.310 1. The provisions of chapter 582 of NRS are hereby made applicable to [NRS 706.010 to 706.700, inclusive.] this chapter.
2. All motor vehicles required to be weighed under the provisions of [NRS 706.010 to 706.700, inclusive,] this chapter shall be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the department and the state sealer of weights and measures, and according to the provisions of chapter 582 of NRS, except as otherwise provided herein.
3. The state sealer of weights and measures from time to time, upon request of the department, shall appoint additional public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the purposes of [NRS 706.010 to 706.700, inclusive.] this chapter.
4. Public weighmasters certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the department as evidence of the weight of the motor vehicle for which a license is applied for.
Sec. 19.5. NRS 706.350 is hereby amended to read as follows:
706.350 1. All transportation charges made by any common or contract motor carrier of property or [any common motor carrier of] passengers shall be just and reasonable.
2. Every common or contract motor carrier of property or passengers shall file with the commission:
(a) Within a time to be fixed by the commission, schedules which shall be open to public inspection, showing all rates, fares and charges which such carrier has established and which are in force at the time for any service performed in connection therewith by any common or contract motor carrier of property or passengers controlled and operated by it.
(b) In connection with and as part of such schedule, all rules and regulations that in any manner affect the rates or fares charged or to be charged for any service.
3. No changes shall be made in any schedule, including schedules of joint rates, or in the rules and regulations affecting any and all rates or charges, except upon 30 days notice to the commission, and all such changes shall be plainly indicated on any new schedules filed in lieu thereof 30 days prior to the time the same are to take effect. The commission, upon application of any common or contract motor carrier of property or passengers, may prescribe a shorter time within which a change other than a rate increase may be made.
4. Copies of all new or amended schedules shall be filed and posted in the stations and offices of such carriers as in the case of original schedules.
5. The commission may at any time, upon its own motion, investigate any of the rates, fares, charges, rules, regulations, practices and services, and, by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.
6. The commission, in its discretion, may dispense with the hearing on any change requested in rates, fares, charges, rules, regulations, practices or service if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the change requested in rates, fares, charges, rules, regulations, practices or service has been filed by or on behalf of any interested person.
κ1965 Statutes of Nevada, Page 573 (CHAPTER 271, SB 81)κ
notice thereof, no protest against the granting of the change requested in rates, fares, charges, rules, regulations, practices or service has been filed by or on behalf of any interested person.
7. All rates, fares, charges, classifications and joint rates, rules, regulations, practices and services fixed by the commission shall be in force, and shall be prima facie lawful, from the date of the order until changed or modified by the commission, or in pursuance of NRS 704.540 and 704.580, inclusive.
8. All regulations, practices and service prescribed by the commission shall be enforced and shall be prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, pursuant to the provisions of NRS 704.540 to 704.580, inclusive, or until changed or modified by the commission itself upon satisfactory showing made.
Sec. 20. NRS 706.390 is hereby amended to read as follows:
706.390 It shall be unlawful: [for]
1. For any common motor carrier of property or common motor carrier of passengers to operate as a carrier of intrastate commerce within this state without first having obtained a certificate of public convenience and necessity from the commission.
2. Notwithstanding any other provision of this chapter, for a broker to act as such on or off the public highways of this state without having obtained a certificate of public convenience and necessity from the commission.
Sec. 21. NRS 706.400 is hereby amended to read as follows:
706.400 1. Upon the filing of an application for a certificate of public convenience and necessity, the commission shall fix a time and place for hearing thereon, and shall proceed in the manner according to the provisions of the laws of this state made applicable thereto.
2. Before granting a certificate of public convenience and necessity to an applicant, the commission shall take into consideration:
(a) Other [existing] authorized transportation facilities in the territory for which a certificate is sought; [and]
(b) The public necessity and convenience to be accorded by the service offered by such applicant [.] ; and
(c) Whether the applicant if fit, willing and able to perform the services of a common carrier by motor vehicle and whether the proposed operation will be consistent with the legislative policy set forth in NRS 706.130.
3. The commission shall have power, under such rules of procedure governing the application therefor as it may prescribe, to issue a certificate of public convenience and necessity to a motor vehicle carrier, or to issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by such certificate such terms and conditions as, in its judgment, the public convenience and necessity may require.
4. The commission, in its discretion, may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the certificate has been filed by or in behalf of any interested person.
κ1965 Statutes of Nevada, Page 574 (CHAPTER 271, SB 81)κ
Sec. 22. NRS 706.420 is hereby amended to read as follows:
706.420 Any person who has been denied a certificate of public convenience and necessity after hearing shall not be permitted again to file a similar application with the commission covering the same type of service and over the same route or routes or in the same territory for which the certificate of public convenience and necessity was denied except after the expiration of [90] 180 days after the date the certificate of public convenience and necessity was denied.
Sec. 23. NRS 706.430 is hereby amended to read as follows:
706.430 1. It shall be unlawful for a taxicab or other passenger motor carrier operating motor vehicles [having a seating capacity of eight or more passengers] to transport passengers, either with or without compensation, between any point or place in the State of Nevada to any other point or place in the state without having first applied for and received a certificate of public convenience and necessity as provided for in NRS 706.010 to 706.700, inclusive.
2. The provisions of this section shall not apply to any private motor vehicle owned and used for personal transportation only.
Sec. 24. NRS 706.460 is hereby amended to read as follows:
706.460 1. A permit shall be issued to any qualified applicant therefor, authorizing in whole or in part the operation covered by the application, if it appears from the application or from any hearing held thereon that:
(a) The applicant is fit, willing and able properly to perform the service of a contract carrier by motor vehicle and to conform to all provisions of NRS 706.010 to [706.700,] 706.720, inclusive, and the lawful requirements and regulations thereunder; and
(b) The proposed operation will be consistent with the public interest [.] and will not operate to defeat the legislative policy set forth in NRS 706.130.
2. An application shall be denied if the provisions of subsection 1 are not met.
Sec. 25. NRS 706.480 is hereby amended to read as follows:
706.480 Any person who has been denied a permit after hearing shall not be permitted again to file a similar application with the commission covering the same type of service and over the same route or routes or in the same territory for which the permit was denied except after the expiration of [90] 180 days after the date the permit was denied.
Sec. 26. NRS 706.500 is hereby amended to read as follows:
706.500 1. [In issuing the licenses provided in NRS 706.530 to 706.600, inclusive, except] Except as to private carriers, the commission shall require, within such time and in such amounts as the commission may designate, the filing with the commission in a form required and approved by the commission of a liability insurance policy, or a certificate of insurance in lieu thereof, or a bond of a surety and bonding company, or other surety, in such reasonable sum as the commission may deem necessary to protect adequately the interests of the public and the public safety.
2. Such liability insurance policy, or certificate, policy or bond of a surety and bonding company or other surety shall bind the obligors thereunder to pay the compensation for injuries to third persons or for loss or damage to [their] property resulting from the negligent operation of such carrier.
κ1965 Statutes of Nevada, Page 575 (CHAPTER 271, SB 81)κ
a surety and bonding company or other surety shall bind the obligors thereunder to pay the compensation for injuries to third persons or for loss or damage to [their] property resulting from the negligent operation of such carrier.
Sec. 27. NRS 706.520 is hereby amended to read as follows:
706.520 1. Except as provided in subsection [5,] 4, every person operating motor vehicles in the carriage of persons or property [for hire,] as a common or contract carrier, or as a private carrier, shall, before commencing the operation thereof and annually thereafter, secure from the department a license for each and every such motor vehicle to be operated, and make payments therefor as provided in NRS 706.010 to [706.700,] 706.720, inclusive.
2. The license herein provided for shall be secured on or before January 1 of each year and shall become delinquent on January 1 of each year.
3. The license fee imposed by NRS [706.010 to 706.700, inclusive,] 706.540 shall be reduced one-twelfth for each month which shall have elapsed since the beginning of each calendar year. [, on all motor vehicles to be licensed after the end of January of each year, except taxicabs, motor convoy carriers, ambulances, hearses, tow cars and private carriers of property who are eligible to secure the annual license for $25 as provided in NRS 706.010 to 706.700, inclusive.
4. On and after July 1 of each year, taxicabs and private carriers of property who are eligible to secure the annual license for $25, as provided in NRS 706.010 to 706.700, inclusive, shall pay $12.50.
5.] 4. Common and contract motor carriers of property and passengers whose vehicles are operated exclusively within the corporate limits of any city or town and an area 5 miles outside such limits, and whose vehicles are required to be licensed under the provisions of this section may secure distinctive license plates permitting such vehicles to operate within such cities and towns and such 5-mile area upon payment of fees amounting to one-half of the fees set forth in NRS [sections] 706.530 and 706.540. Any person operating as a carrier licensed pursuant to the provisions of this subsection shall, in addition to any other penalties provided by law, immediately become liable for the full amount of the fees set forth in NRS 706.530 and 706.540 for the full licensing period if such carrier is apprehended in operation outside such 5-mile area.
Sec. 28. NRS 706.530 is hereby amended to read as follows:
706.530 The payments for the licenses [provided in NRS 706.010 to 706.700, inclusive,] of the following vehicles shall be made in accordance with the following schedule of fees:
1. [For each motor vehicle used in the carrying of passengers or passengers and light express up to 500 pounds, $50 flat rate, plus $10 for each passenger-carrying capacity of such vehicle, up to and including 10 passengers; over 10 passengers $50 flat rate, plus $12 for each passenger-carrying capacity of such vehicle, exclusive of the driver as rated by the manufacturer thereof; but for each motor vehicle operated by a taxicab motor carrier a flat fee of $25 only. No unladened weight license fee provided for in NRS 706.540 shall be assessed on passenger-carrying vehicles.
κ1965 Statutes of Nevada, Page 576 (CHAPTER 271, SB 81)κ
2. For each motor vehicle, except as otherwise provided in NRS 706.010 to 706.700, inclusive, carrying property or both property and passengers, other than those described above in subsection 1, $20 flat rate.
3. For each trailer, $20 flat rate.
4. For each semitrailer and automobile tractor, $20 flat rate. Each semitrailer and automobile tractor shall be deemed two operating units for the purposes of the flat rate fee and the unladened weight fee provided for in NRS 706.540.
5.] For each motorcycle with sidecar attached used in the carriage of property, $20 flat rate; but no unladened weight license fee shall be assessed. Such fees shall be reduced by one-half for vehicles licensed after July 1 of any year.
[6.] 2. For each taxicab, ambulance or hearse, $25; for each tow car with an unladened weight of less than 9,000 pounds, $25; 9,000 pounds to 15,000 pounds, inclusive, $50; and more than 15,000 pounds, $100. Such fees shall be reduced by one-half for vehicles licensed after July 1 of any year. No unladened weight license fee provided for in NRS 706.540 shall be assessed on taxicabs, ambulances, hearses or tow cars.
Sec. 29. NRS 706.540 is hereby amended to read as follows:
706.540 1. [In addition to the flat rate provided in NRS 706.530, a license fee based upon the unladened weight or major fraction per 100 pounds thereof of the motor vehicle is hereby fixed according to the following schedule of fees, and shall be paid, at the same time as, and in addition to, the flat rates, on all motor vehicles, except motorcycles with sidecars attached and motor vehicles used exclusively in the carrying of passengers, or passengers and light express up to 500 pounds:
Up to and including 5,000 pounds, per 100 pounds unladened. $1.65
5,001 pounds and not over 10,000 pounds, per 100 pounds unladened ........................................................................................................ 1.71
10,001 pounds and not over 11,000 pounds, per 100 pounds unladened ........................................................................................................ 1.76
11,001 pounds and not over 12,000 pounds, per 100 pounds unladened ........................................................................................................ 1.82
12,001 pounds and not over 13,000 pounds, per 100 pounds unladened ........................................................................................................ 1.87
13,001 pounds and not over 14,000 pounds, per 100 pounds unladened ........................................................................................................ 1.93
14,001 pounds and not over 15,000 pounds, per 100 pounds unladened ........................................................................................................ 1.98
15,001 pounds and not over 16,000 pounds, per 100 pounds unladened ........................................................................................................ 2.04
16,001 pounds and not over 17,000 pounds, per 100 pounds unladened ........................................................................................................ 2.09
17,001 pounds and not over 18,000 pounds, per 100 pounds unladened ........................................................................................................ 2.15
κ1965 Statutes of Nevada, Page 577 (CHAPTER 271, SB 81)κ
18,001 pounds and not over 19,000 pounds, per 100 pounds unladened ........................................................................................................ $2.20
19,001 pounds and over, per 100 pounds unladened................... 2.31
2. No combination of vehicles shall pay a total fee in excess of $800.] Except as otherwise provided in NRS 706.530 and in this section, payments for licenses of all other motor vehicles shall be made according to the following schedule of fees:
Unladened weight Fee
Up to and including 4,000 pounds................................................ $15
4,001 pounds to and including 5,000 pounds............................. 28
5,001 pounds to and including 6,000 pounds............................. 45
6,001 pounds to and including 7,000 pounds............................. 72
7,001 pounds to and including 8,000 pounds............................. 99
8,001 pounds to and including 9,000 pounds............................. 126
9,001 pounds to and including 10,000 pounds.......................... 153
10,001 pounds to and including 11,000 pounds........................ 180
11,001 pounds to and including 12,000 pounds........................ 207
12,001 pounds to and including 13,000 pounds........................ 234
13,001 pounds to and including 14,000 pounds........................ 261
14,001 pounds to and including 15,000 pounds........................ 288
15,001 pounds to and including 16,000 pounds........................ 315
16,001 pounds to and including 17,000 pounds........................ 342
17,001 pounds to and including 18,000 pounds........................ 369
18,001 pounds to and including 19,000 pounds........................ 396
19,001 pounds to and including 20,000 pounds........................ 423
20,001 pounds and over.................................................................. 450
2. For the purposes of this section each motor vehicle, including a trailer and semitrailer, shall be considered a separate vehicle, but no license shall be required for converter gear dollies. Notwithstanding any other provisions of NRS 706.010 to 706.700, inclusive, the number of trailers to be licensed shall be a number equivalent to the number usually towed by the power units licensed.
3. The unladened weight fee of vehicles carrying permanently mounted equipment, such as but not limited to ready-mix concrete vehicles, well-drilling vehicles and similar classes of vehicles specifically designated by the department, shall be determined by using a weight equivalent to 70 percent of the total weight of such vehicles, fully equipped but exclusive of load.
4. Such unladened weight shall be construed to mean the weight of the motor vehicle unloaded, but otherwise containing and having in place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and property.
[4.] 5. The weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by a public weighmaster as provided in NRS 706.310. Should any motor vehicle within the terms of [NRS 706.010 to 706.700, inclusive,] this chapter be changed in any respect after the weighing thereof, which change shall increase the unladened weight thereof, the department may require another weighing thereof and additional fees paid thereon.
κ1965 Statutes of Nevada, Page 578 (CHAPTER 271, SB 81)κ
which change shall increase the unladened weight thereof, the department may require another weighing thereof and additional fees paid thereon.
Sec. 30. NRS 706.560 is hereby amended to read as follows:
706.560 1. [No motor convoy carrier shall act as such within this state without first having obtained a motor convoy carrier license.] Every motor convoy carrier, before commencing operations in this state, and annually on or before January 1 of each year thereafter, shall make application to the [commission] department for a motor convoy carrier license. Such application shall be in writing, verified under oath, and contain a statement of the applicant electing between the methods of license fee payments hereinafter set forth. The application shall be accompanied by such proof of the status of the applicants operation and such other information as the commission may require. Upon receipt of the application and all supporting data which the commission may require, the commission shall approve the application and transmit the same to the department for issuance of an appropriate license upon payment of the proper fees by the applicant. The applicant may elect to be licensed on an annual basis or on a trip basis. If the applicant elects to be licensed on an annual basis, the department shall issue an appropriate form of license setting forth that the licensee has elected to pay license fees on an annual basis, and shall also issue to the applicant as many single, serially numbered license plates as he has applied for. The annual-basis license fee shall be $500, and the fee for each license plate issued thereunder shall be $30. Such license plates shall bear a distinguishing number identifying the licensee and shall be displayed upon each vehicle driven, towed or carried by the licensee in accordance with such regulations as the department may prescribe. Such license and license plates shall expire on December 31 of each year and may not be transferred to or used by any other person. If the applicant elects to pay the license fees on a trip basis, the department shall issue an appropriate form of license setting forth that the licensee has elected to pay license fees on a trip basis. [, and shall also issue to the applicant a single, one-trip license sticker. The fee for issuance of such license and sticker shall be $8.25. The applicant may obtain additional one-trip license stickers upon payment of $8.25 for each such sticker issued, either at the time of issuance of his license or on each occasion that any vehicle is moved by him into or through this state.] For each motor vehicle driven, towed or carried by any motor convoy carrier, or driven singly, as set forth in NRS 706.070, and which does not carry a motor convoy carrier license plate or one-trip license sticker issued pursuant to this subsection, a one-trip license sticker shall be secured upon payment of a flat fee of $8.25 which shall be paid by the person or persons engaged in such motor convoy carriage, for which fee the department shall issue for each motor vehicle driven, towed or carried by such motor convoy carrier, or driven singly, a distinctive one-trip license sticker setting forth that such motor vehicle may be driven, towed or carried, as the case may be, over and along the public highways of this state, from the point of entry into the state, or point of original of such carriage within the state, to the destination within the state, or to the point of departure from the state.
κ1965 Statutes of Nevada, Page 579 (CHAPTER 271, SB 81)κ
state, to the destination within the state, or to the point of departure from the state. No such sticker shall be transferable from the motor vehicle for which issued to any other motor vehicle whatsoever, nor transferable from the motor convoy carrier to whom issued to any other person whomsoever. Such sticker shall be effective for the uses and purposes for which issued until the sale, exchange or delivery of the motor vehicle by the motor convoy carrier to another person; but such sticker shall not be effective beyond the current year in which issued.
2. No unladened weight license fee shall be assessed on any motor vehicle driven, towed or carried under the provisions of this section nor shall any other license plates be issued for any such motor vehicle by the department or its agents.
3. No registration plates, dealers plates, or any other license plates whatsoever, or any license or certificate, other than the sticker or license plate provided in this section, issued by this or any other state, shall be deemed or construed to permit any convoying of motor vehicles as defined in NRS 706.010 to 706.700, inclusive, nor shall such sticker or license plate be deemed or construed as a license for the operation of any motor vehicle used in the carrying of the motor vehicle for which the sticker or license plate was issued or is required.
4. Nothing contained in NRS 706.010 to 706.700, inclusive, shall be construed to prohibit a manufacturer or dealer within this state from delivering under a manufactures or dealers license plate at any point within or without the state any motor vehicle sold or exchanged, or to be sold or exchanged, by him that theretofore was not acquired by such manufacturer or dealer under a motor convoy carrier license.
5. The provisions of this section shall not apply to vehicles transported by the truckaway method, that is, carried by motor vehicles regularly licensed under the provisions of NRS 706.530 to 706.550, inclusive.
6. Every motor convoy carrier shall keep a written record of all vehicles driven, towed or carried by him [into or through] upon the public highways of this state, which record shall be open to inspection by any agent or employee of the commission or the department. The commission and the department may require any motor convoy carrier to submit such periodic reports and supporting data as they may deem necessary with respect to vehicles driven, towed or carried by him into or through this state.
7. The commission and the department may revoke the license of or refuse to issue a license to any motor convoy carrier who fails or refuses to comply with the provisions of this section.
8. The commission and the department are authorized to adopt, amend and repeal such regulations and to institute such safeguards to insure payment of license fees as in their judgment are necessary to the proper enforcement of the provisions of this section.
Sec. 31. NRS 706.580 is hereby amended to read as follows:
706.580 1. A nonresident owner or operator of a vehicle coming within the provisions of NRS 706.010 to 706.700, inclusive, except motor convoy carriers, shall have the option, in lieu of causing such vehicle to be licensed under NRS 706.010 to 706.700, inclusive, and paying the annual license fees, of applying for a one-trip license to be issued forthwith upon payment of a fee equal to 5 percent of the annual license fee; but the minimum fee for such one-trip license shall not be less than $3 nor more than $30 per vehicle or combination of vehicles.
κ1965 Statutes of Nevada, Page 580 (CHAPTER 271, SB 81)κ
paying the annual license fees, of applying for a one-trip license to be issued forthwith upon payment of a fee equal to 5 percent of the annual license fee; but the minimum fee for such one-trip license shall not be less than $3 nor more than $30 per vehicle or combination of vehicles.
2. One-trip licenses shall authorize operation over the public highways of this state for a period of not more than 96 consecutive hours and shall permit one, but not more than one, round trip into or across the State of Nevada.
3. All such one-trip licenses shall be evidenced by stickers which shall be displayed on the windshield of the vehicle or otherwise, as specified by the department.
4. Any person electing to pay license fees on a one-trip license basis, upon first entering this state, and annually on or before January 1 of each year thereafter, shall make application to the commission for permission to pay license fees on such basis. The application shall be accompanied by such proof of the status of the applicants operation and such other information as the commission may require. Upon receipt of the application and all supporting data which the commission may require, the commission shall approve the application and transmit the same to the department for issuance of an appropriate form of license setting forth that the licensee has elected to pay license fees on a trip basis.
5. Every person electing to pay license fees on a one-trip basis shall keep a written record of every trip made into or through the state, which record shall be open to inspection by any agent or employee of the commission or the department. The commission and the department may require any such person to submit such periodic reports and supporting data as they may deem necessary with respect to trips made into or through this state.
6. The commission may revoke the authority to license and the department may revoke the license of or refuse to issue a license to any person who fails or refuses to comply with the provisions of this section.
7. The commission and the department, separately or collectively, are authorized to adopt, amend and repeal such regulations and to institute such safeguards to insure payment of license fees as in their judgment are necessary to the proper enforcement of the provisions of this section.
Sec. 32. NRS 706.595 is hereby amended to read as follows:
706.595 1. Where a person makes application to use both the mileage method and the one-trip method of paying license fees, or the mileage method only, and such person does not qualify, or is not authorized by the department, for a mileage license or fails to purchase a one-trip license, a one-trip license fee shall be imposed against such person pursuant to the provisions of NRS 706.580, but the aggregate fee thus assessed against any one vehicle in any 1 year shall not exceed the cost of prorated annual licensing pursuant to the provisions of NRS 706.520.
2. Where a person makes application to use only the one-trip method of paying license fees and fails to purchase a one-trip license, a one-trip license fee shall be imposed pursuant to the provisions of NRS 706.580.
κ1965 Statutes of Nevada, Page 581 (CHAPTER 271, SB 81)κ
of paying license fees and fails to purchase a one-trip license, a one-trip license fee shall be imposed pursuant to the provisions of NRS 706.580.
Sec. 33. NRS 706.600 is hereby amended to read as follows:
706.600 1. Distinctive license plates shall be provided by the department and delivered to the applicants for licenses under NRS 706.010 to 706.700, inclusive. The reasonable cost of such plates shall be borne by the state and paid out of the state highway fund upon claims therefor allowed as other claims against the state.
2. Motor carrier license plates assigned to a motor vehicle shall be attached to the front thereof. Number plates shall be so displayed during the current [registration year.] licensing year, under such regulations as the department may prescribe.
3. Every number plate shall at all times be securely fastened to the vehicle to which it is assigned, so as to prevent the plate from swinging, at a height of not less than 12 inches from the ground, measuring from the bottom of the plate, in a clearly visible place and position, and shall be maintained in a clearly legible condition free from foreign materials.
Sec. 34. NRS 706.650 is hereby amended to read as follows:
706.650 1. All motor carriers coming within the terms of NRS 706.010 to 706.700, inclusive, except such carriers or persons as mentioned in NRS 706.670, to whom shall have been issued the certificates, permits and licenses provided by NRS 706.010 to 706.700, inclusive, may transfer such certificates, permits and licenses to another qualified under NRS 706.010 to 706.700, inclusive, but no such transfer shall be valid for any purpose unless and until application for permit to make such transfer shall be made to the commission by the transferor, accompanied by an application of the transferee to be substituted for the transferor of such certificates, permits and licenses, the subject of such transfer. No transfer of stock of a corporate motor carrier under the jurisdiction of the commission shall be valid without prior commission approval if the effect of such transfer will be to change managing control of the carrier.
2. The commission, in its discretion, may direct that a hearing be had in the matter of such transfer, which hearing may be noticed and conducted in like manner as other hearings before the commission.
3. If the commission shall determine that a transfer of any certificate, permit or license permitted herein to be transferred will not operate to defeat the purposes of NRS 706.010 to 706.700, inclusive, [or deny to the State of Nevada reasonable compensation for the use of its highways as provided in NRS 706.010 to 706.700, inclusive,] the commission [shall] may order such transfer to be made when it is satisfied that the purposes of NRS 706.010 to 706.700, inclusive, will not be defeated by the transfer of the certificate, permit or license.
4. No transfer shall be valid beyond the life of the certificate, permit or license transferred.
5. The department may, under such rules and regulations as it may deem advisable, permit the transfer of a license from one motor vehicle to another by the owner thereof; but new license plates shall be secured from the department and a fee of $2 shall be paid for each set of plates so secured.
κ1965 Statutes of Nevada, Page 582 (CHAPTER 271, SB 81)κ
to another by the owner thereof; but new license plates shall be secured from the department and a fee of $2 shall be paid for each set of plates so secured.
Sec. 35. NRS 706.670 is hereby amended to read as follows:
706.670 1. None of the provisions of NRS 706.010 to 706.700, inclusive, shall apply to:
(a) Any motor vehicle operated wholly within the corporate limits of any city or town in the State of Nevada, except motor vehicles operated as for-hire carriers of property [,] or passengers, to which all such provisions except NRS 706.520 to [706.650,] 706.649, inclusive, shall apply, but if the corporate limits of any such city or town shall be extended or changed to include within such corporate limits any route, area, public highway or terminus lawfully serviced, used or employed at the time of such extension or change of such corporate limits by any common or contract motor carrier of property or passengers, or taxicab motor carrier, to which a certificate of convenience and necessity, permit or license has been issued, the provisions of this chapter shall apply, while any such common carrier or taxicab motor carrier servicing, using or employing such route, area, public highway or terminus in accordance with such certificate, permit or license shall have and continue to have such certificate, permit or license or any renewal thereof, and shall not be in default of any payment for any license, or of any liability insurance policy, or certificate of insurance or bond provided by this chapter.
(b) United States mail carriers operating star routes when not engaged in other business as a common or contract carrier.
(c) Private motor carriers of property operating within a 5-mile radius of the limits of a city or town.
(d) Farm vehicles, or to the transportation of livestock by the owner thereof in his own single unit truck of 10,000 pounds or less unladened weight.
(e) The transportation of children to and from school.
(f) The transportation of a contractors own equipment in his own motor vehicle from job to job.
(g) The transportation of ore or minerals or mining supplies in the producers own vehicle; but only one vehicle having an unladened weight not exceeding 10,000 pounds shall be exempted from the transportation of ore or minerals or mining supplies. No exemption whatever shall be granted if the vehicle exceeds 10,000 pounds unladened.
(h) Any person engaged in transporting his own personal effects in his own motor vehicle, but the provisions of this paragraph do not apply to any person engaged in transportation by motor vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise, or to the carriage of any property for hire.
2. Any city or town drayman who on January 1, 1959, was currently engaged in the moving of new or used furniture or household effects for hire under the exemptions provided in paragraphs (a) and (c) of subsection 1 shall be granted a certificate of public convenience and necessity if application is made within 90 days after July 1, 1959, and such application contains satisfactory evidence of the lawful nature and scope of the applicants operation existing on January 1, 1959.
κ1965 Statutes of Nevada, Page 583 (CHAPTER 271, SB 81)κ
1959. Such certificate, when issued, shall authorize the recipient thereof to operate within the corporate or municipal limits of the city or town wherein the applicant was lawfully operating on January 1, 1959, and within a 5-mile radius of the limits of such city or town as those limits are now, or may hereafter be, officially determined.
3. Any person who is a private carrier of property transporting his own goods, wares and merchandise, other than livestock or farm produce, or ore or minerals or mining supplies, in the producers own vehicle, being transported for the purpose of sale or resale, may secure a private carriers license at a rate of $25 per year, if the vehicle does not exceed 10,000 pounds unladened weight. Except for the additional license fee required by NRS 706.555, such fee shall be the only license fee required of such person, notwithstanding any other provision of NRS 706.010 to 706.700, inclusive, to the contrary; but only one such motor vehicle shall be permitted to be used by such person under the terms of this particular exemption, regardless of the number of his business branches located in the State of Nevada or elsewhere. Nothing in this subsection shall be construed as applying to tractor-trucks, trailers or semitrailers, but shall be deemed to apply to motor trucks and passenger cars.
Sec. 36. NRS 706.685 is hereby amended to read as follows:
706.685 The provisions of NRS 706.390 requiring certificates of public convenience and necessity for common carriage, and of NRS 706.440 requiring contract carrier permits for contract carriage, do not apply to: [the]
1. The operation of tow cars with an unladened weight of less than 9,000 pounds.
2. Ambulances and hearses.
Sec. 37. NRS 706.820 is hereby amended to read as follows:
706.820 Upon the payment of all fees required under NRS 706.730 to 706.860, inclusive, and the laws of this state in order to register the vehicles designated in the statement to be registered and otherwise complying with all requirements for the registration of such vehicles, the department of motor vehicles shall register them, and shall issue plates, licenses, emblems, certificates or other devices for such vehicles in the same manner as otherwise provided by law, except that such vehicles shall not be so registered unless they are registered and have paid fees pursuant to law in some other state which has adopted the plan or with which this state has reciprocity. [A service charge of $2 shall be made for the registration of each vehicle.]
Sec. 38. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever any cab card, number decal or number plate is lost or destroyed and a duplicate thereof is issued upon application the following fees shall be paid:
For a cab card....................................................................................... $2
For a number decal............................................................................... 2
For a number plate............................................................................... 2
Sec. 39. NRS 706.060, 706.170, 706.490 and 706.505 are hereby repealed.
________
κ1965 Statutes of Nevada, Page 584κ
Assembly Bill No. 102Clark County Delegation
CHAPTER 272
AN ACT to amend NRS section 201.250, relating to obscene exhibitions, books and prints, by replacing existing provisions with new definitions, prohibitions, injunctions and penalties; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 201.250 is hereby amended to read as follows:
201.250 [1. Every person who knowingly:
(a) Shall sell, lend or give away, or have in his possession with intent to sell, lend, give away or show, any obscene or indecent book, magazine, pamphlet, newspaper, story paper, illustrated comic book, writing, picture, drawing, photograph, or any article or instrument of indecent or immoral character; or who shall design, copy, draw, photograph, print, utter, publish or otherwise prepare such a book, picture, drawing, paper or other article; or write or print any circular, advertisement or notice of any kind, or give oral information stating when, where, how or from whom such an indecent or obscene article or thing can be purchased or obtained; or
(b) Shall sell, lend, give away or have in his possession with intent to sell, lend, give away or show to any child under 18 years of age, any illustrated comic book devoted to the publication or largely made up of, or which when read as a whole is concerned with or depicts, criminal news, police reports, accounts of criminal deeds, pictures, drawings, photographs or stories of deeds of bloodshed, lust or crimes as enumerated below and as defined by the laws of this state:
Abortion,
Administering poisons and other noxious substances,
Arson,
Assault,
Assault with intent to commit a crime,
Bribery of a public officer,
Burglary,
Carrying concealed weapons,
Counterfeiting,
Crime against nature,
Dispensing unlawfully narcotic drugs,
Embezzlement,
Forgery,
Ghoulism and body snatching,
Incest,
Involuntary manslaughter,
Kidnaping,
Larceny,
Lewdness,
Malicious mischief, Obtaining money by false pretenses,
κ1965 Statutes of Nevada, Page 585 (CHAPTER 272, AB 102)κ
Obtaining money by false pretenses,
Rape,
Robbery,
Selling liquor to minors,
Selling opium,
Voluntary manslaughter,
Conspiracy or attempt to commit any of the foregoing offenses;
or
(c) Shall exhibit within the view of any minor any of the books, papers or other things hereinbefore enumerated; or
(d) Shall hire, use or employ, or having custody or control of his person shall permit, any minor to sell, give away, or in any manner distribute any article hereinbefore mentioned; or
(e) Shall cause to be performed or exhibited, or engage in the performance or exhibition of, any obscene, indecent or immoral show, act or performance,
shall be guilty of a misdemeanor.
2. Illustrated comic books as defined in this section shall include, but shall not be limited to, publications where the text is not prominently featured, but rather is incidental to the picture, being usually in the balloons that indicate the words spoken by the characters.
3. This section shall not be construed to apply to:
(a) Those accounts of crime which are part of the ordinary and general dissemination of news, nor to such drawings and photographs used to illustrate such accounts.
(b) Legitimate, illustrated, historical accounts of crime and crimes.
4. If any publication prohibited hereunder shall be displayed in any newsstand, bookstore, drugstore, market or other mercantile establishment, where the prohibited publications may be seen by any child under the age of 18 years visiting such establishment, such display shall be prima facie evidence that the person in charge of such establishment was then exhibiting the crime comic book or other prohibited publication and intended to sell, offer for sale, furnish or attempt to furnish such prohibited publication to a child or children under the age of 18 years in violation of this section, but it shall be competent for the defendant in such case to show that no such intention existed.
5. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. If more than one publication prohibited hereunder shall be offered, exhibited, kept or displayed in violation of this section, at the same location by the same person, the offering, exhibiting, keeping or displaying of each separate publication prohibited hereunder shall constitute a separate offense and shall be punished as such hereunder. If two or more publications prohibited hereunder are furnished or sold at the same time by the same person, the sale or furnishing of each shall constitute a separate offense and shall be punishable as such hereunder.
6. If any provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of the section, and the application of such provisions to other persons or circumstances, shall not be affected thereby.]
κ1965 Statutes of Nevada, Page 586 (CHAPTER 272, AB 102)κ
any person or circumstance, is held invalid, the remainder of the section, and the application of such provisions to other persons or circumstances, shall not be affected thereby.] 1. In this section, unless the context otherwise requires:
(a) Item includes any book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription or other similar items.
(b) Obscene means that which considered as a whole has as its dominant theme or purpose an appeal to prurient interest or a shameful or morbid interest in nudity, sex or lewdness going substantially beyond customary limits of candor in description or representation of such matters.
2. A person is guilty of a misdemeanor who knowingly:
(a) Prints, copies, manufactures, prepares, produces or reproduces any obscene item for purposes of sale or commercial distribution.
(b) Publishes, sells, rents, transports in intrastate commerce, or commercially distributes or exhibits any obscene item, or offers to do any such things.
(c) Has in his possession with intent to sell, rent, transport or commercially distribute any obscene item.
3. No person, firm, association or corporation shall, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication require that the purchaser or consignee receive for resale any other item, article, book or other publication which is obscene. No person, firm, association or corporation shall deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such items, articles, books or publications, or by reason of the return thereof. A person, firm, association or corporation who violates any provision of this subsection is guilty of a misdemeanor.
4. (a) The district court has jurisdiction to enjoin the sale or distribution of obscene prints and articles, as described in paragraph (b).
(b) The district attorney of any county or the city attorney of any city in which a person, firm, association or corporation publishes, sells or distributes or is about to sell or distribute or has in his possession with intent to sell or distribute or is about to acquire possession with intent to sell or distribute any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photograph, figure, image or any written or printed matter of an obscene character, or which contains an article or instrument of obscene use or purports to be for an obscene use or purpose, or in any other respect defined in subsection 1, may maintain an action on behalf of such county or city for an injunction against such person, firm, association or corporation in the district court to prevent the sale or further sale or the distribution or further distribution of the acquisition, publication or possession within the state of any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photographed figure or image or any written or printed matter of an obscene character, described in this subsection or in subsection 1.
κ1965 Statutes of Nevada, Page 587 (CHAPTER 272, AB 102)κ
(c) The person, firm, association or corporation sought to be enjoined shall be entitled to a trial of the issues within 10 days after joinder of issue and a decision shall be rendered by the court within 10 days of the conclusion of the trial.
(d) If a final order or judgment of injunction is entered against the person, firm, association or corporation sought to be enjoined, such final order of judgment shall contain a provision directing the person, firm, association or corporation to surrender to the sheriff of the county in which the action was brought any of the matter described in paragraph (b), and such sheriff shall be directed to seize and destroy such obscene prints and articles.
(e) In any action brought as provided in this subsection, such district attorney or city attorney bringing the action shall not be required to file any undertaking before the issuance of an injunction order provided for in paragraph (c).
(f) The sheriff directed to seize and destroy such obscene prints and articles shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm, association or corporation sought to be enjoined.
(g) Every person, firm, association or corporation who sells, distributes, or acquires possession with intent to sell or distribute any of the matter described in paragraph (b), after the service upon him of a summons and complaint in an action brought pursuant to this subsection is chargeable with knowledge of the contents of such matter.
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Assembly Bill No. 107Committee on Banking, Insurance and Corporations
CHAPTER 273
AN ACT to amend chapter 682 of NRS, relating to domestic insurance companies, by adding new sections concerning insider trading of domestic stock insurance company equity securities; defining the term equity security; requiring certain beneficial owners of equity securities to file statements with the commissioner of insurance; authorizing legal actions for the recovery of profits and declaring certain conduct unlawful; providing exceptions; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 682 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. The term equity security when used in sections 2 to 9, inclusive, of this act means:
1. Any stock or similar security; or
2. Any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security; or
3. Any such warrant or right; or
κ1965 Statutes of Nevada, Page 588 (CHAPTER 273, AB 107)κ
4. Any other security which the commissioner deems to be of similar nature and considers necessary or appropriate, by such rules and regulations as he may prescribe in the public interest or for the protection of investors, to treat as an equity security.
Sec. 3. Every person who is directly or indirectly the beneficial owner of more than 10 percent of any class of any equity security of a domestic stock insurance company, or who is a director or an officer of such company, shall:
1. File in the office of the commissioner on or before January 31, 1966, or within 10 days after he becomes such beneficial owner, director or officer, a statement, in such form as the commissioner may prescribe, of the amount of all equity securities of such company of which he is the beneficial owner; and
2. Within 10 days after the close of each calendar month thereafter, if there has been a change in such ownership during such month, shall file in the office of the commissioner a statement, in such form as the commissioner may prescribe, indicating his ownership at the close of the calendar month and such changes in his ownership as have occurred during such calendar month.
Sec. 4. 1. For the purpose of preventing the unfair use of information which may have been obtained by such beneficial owner, director or officer by reason of his relationship to such company, any profit realized by him from any purchase and sale, or any sale and purchase, of any equity security of such company within any period of less than 6 months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the company, irrespective of any intention on the part of such beneficial owner, director or officer in entering into such transaction of holding the security purchased or of not repurchasing the security sold for a period exceeding 6 months.
2. Suit to recover such profit may be instituted at law or in equity in any court of competent jurisdiction by the company, or by the owner of any security of the company in the name and in behalf of the company if the company fails or refuses to bring such suit within 60 days after request or fails diligently to prosecute the same thereafter; but no such suit shall be brought more than 2 years after the date such profit was realized.
3. This section shall not be construed to cover any transaction where such beneficial owner was not such both at the time of the purchase and sale, or the sale and purchase, of the security involved, or any transaction or transactions which the commissioner by rules and regulations may exempt as not comprehended within the purpose of this section.
Sec. 5. It is unlawful for any such beneficial owner, director or officer, directly or indirectly, to sell any equity security of such company if the person selling the security or his principal:
1. Does not own the security sold; or
2. If the owner of the security, does not deliver it against such sale within 20 days thereafter, or does not within 5 days after such sale deposit it in the mails or other usual channels of transportation, but no person shall be deemed to have violated this section if he proves that notwithstanding the exercise of good faith he was unable to make such delivery or deposit within such time, or that to do so would cause undue inconvenience or expense.
κ1965 Statutes of Nevada, Page 589 (CHAPTER 273, AB 107)κ
but no person shall be deemed to have violated this section if he proves that notwithstanding the exercise of good faith he was unable to make such delivery or deposit within such time, or that to do so would cause undue inconvenience or expense.
Sec. 6. 1. The provisions of section 4 of this act shall not apply to any purchase and sale, or sale and purchase, and the provisions of section 5 of this act shall not apply to any sale, or an equity security of a domestic stock insurance company not then or theretofore held by him in an investment account, by a dealer in the ordinary course of his business and incident to the establishment or maintenance by him of a primary or secondary market (otherwise than on an exchange as defined in the Securities Exchange Act of 1934) for such security.
2. The commissioner may, by such rules and regulations as he deems necessary or appropriate in the public interest, define and prescribe terms and conditions with respect to securities held in an investment account and transactions made in the ordinary course of business and incident to the establishment or maintenance of a primary or secondary market.
Sec. 7. The provisions of sections 3, 4 and 5 of this act shall not apply to foreign or domestic arbitrage transactions unless made in contravention of such rules and regulations as the commissioner may adopt in order to carry out the purposes of sections 2 to 9, inclusive, of this act.
Sec. 8. The provisions of sections 3, 4 and 5 of this act shall not apply to equity securities of a domestic stock insurance company if:
1. Such securities are registered, or are required to be registered, pursuant to section 12 of the Securities Exchange Act of 1934, as amended; or
2. Such domestic stock insurance company has not any class of its equity securities held of record by 100 or more persons on the last business day of the year next preceding the year in which equity securities of the company would be subject to the provisions of sections 3, 4 and 5 of this act except for the provisions of this subsection 2.
Sec. 9. 1. The commissioner shall have the power to make such rules and regulations as may be necessary for the execution of the functions vested in him by sections 2 to 8, inclusive, of this act, and may for such purpose classify domestic stock insurance companies, securities and other persons or matters within his jurisdiction.
2. No provision of sections 3, 4 and 5 of this act imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule or regulation of the commissioner, notwithstanding that such rule or regulation may, after such act or omission, be amended or rescinded or determined by judicial or other authority to be invalid for any reason.
Sec. 10. This act shall become effective on September 1, 1965.
________
κ1965 Statutes of Nevada, Page 590κ
Assembly Bill No. 109Committee on Banking, Insurance and Corporations
CHAPTER 274
AN ACT to amend NRS section 683.010, relating to the admission of foreign and alien insurance companies to do business in this state, by providing that obligations and restrictions imposed upon Nevada insurers and their agents by states of domicile of foreign or alien companies be also imposed upon such companies applying for admission to this state; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 683.010 is hereby amended to read as follows:
683.010 1. Upon complying with the provisions of this chapter, a foreign or alien company domiciled in any other state shall be permitted to enter this state; provided:
(a) That the qualifications for its admittance to do business in this state shall be equal to the present existing capital and surplus qualifications or the present existing capital or surplus qualifications, if any, for a similar company entering the state in which such company is domiciled.
(b) That the capital and surplus requirements or the capital or surplus requirements of such company desiring to enter this state shall be at least equal to the capital and surplus requirements or the capital or surplus requirements, if any, for similarly organized domestic companies under this Title.
(c) That if the state or country in which such company is domiciled imposes any premium, income or other taxes, or any fees, fines, penalties, licenses, deposit requirements or other material obligations, prohibitions or restrictions upon Nevada insurers or their agents doing business, or who might seek to do business, in such state or country, which in the aggregate exceed any taxes, fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions imposed directly by the laws of this state upon similar insurers of such other state or country, then such company shall, so long as such laws of the state or country of its domicile are so enforced or applied against Nevada insurers or their agents, as a condition precedent for admittance to this state, satisfy obligations, prohibitions and restrictions equal to such obligations, prohibitions and restrictions imposed by the state or country of its domicile against Nevada insurers or their agents.
(d) That any such company authorized to write insurance classified under this Title as class 2 on an assessment basis may be permitted to enter this state if it meets the following qualifications:
(1) Is authorized to operate on an assessment basis under the laws of the state of organization.
(2) Has been writing such insurance on this basis under the laws of the state of organization for a period of 15 years.
(3) Has and maintains a loss reserve which is the equivalent of that required by NRS 693.050.
(4) Policy benefits do not exceed $15,000.
κ1965 Statutes of Nevada, Page 591 (CHAPTER 274, AB 109)κ
(5) Policy provisions are in accord with the requirements of chapter 692 of NRS.
(6) Has not less than 50 policyholders who are residents of this state.
(7) Is financially responsible and has a good record on the payment of claims for the 10 years immediately preceding application.
(8) Is and has been well managed for the 10 years immediately preceding application.
(9) The provisions of subparagraphs (7) and (8) are certified to by the commissioner, director of insurance or other chief insurance official of the state of organization.
[(d)] (e) That a nonprofit hospital association may be admitted subject to the provisions of this Title upon a statement from the proper state official that such hospital association has properly qualified under the laws of its state of domicile.
2. No company not incorporated in the United States shall be permitted to transact an insurance business in this state unless the same shall have deposited or invested for the benefit of its policyholders or policyholders and creditors in the United States, in at least one state, the sum equal to $200,000 in excess of its liabilities in the United States.
3. No foreign or alien company shall transact in this state any insurance business not classified under chapter 681 of NRS.
4. No license or certificate of authority to do an insurance business shall be issued to any state, province or foreign government, or to any instrumentality, political subdivision or agency thereof.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 116Committee on Banking, Insurance and Corporations
CHAPTER 275
AN ACT to amend NRS section 692.030, relating to accident and health insurance policy forms, by extending the requirement of prior filing and approval to applications, riders and endorsements, by further specifying the grounds for disapproval, by providing for withdrawal of approval, and by specifying the manner of reviewing objections; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 692.030 is hereby amended to read as follows:
692.030 1. [A policy of accident and health insurance shall not be issued or delivered in this state until the form of the same has been filed with the commissioner, nor shall the same be issued if the commissioner gives written notice within 30 days of such filing to the company proposing to issue it, showing wherein the form of such policy does not conform to generally accepted standard insurance practice or does not comply with the requirements of the laws of this state.
κ1965 Statutes of Nevada, Page 592 (CHAPTER 275, AB 116)κ
does not conform to generally accepted standard insurance practice or does not comply with the requirements of the laws of this state.
2. Such action of the commissioner shall be subject to review by a court of competent jurisdiction.] No policy of accident or health insurance or noncancelable disability insurance may be delivered or issued for delivery in this state unless a copy of the form of such policy has been filed with the commissioner. No application form may be used with, and no rider or endorsement may be attached to or printed or stamped upon, such policy or contract unless the form of such application, rider or endorsement has been filed with the commissioner. No individual certificate may be used in connection with any such group or blanket insurance policy unless the form of such certificate has been filed with the commissioner. No policy, certificate or other evidence of any such insurance contract may be delivered or issued for delivery in this state and no application, rider or endorsement may be used in connection with such contract, unless approved by the commissioner as conforming to the requirements of the laws of this state and not inconsistent therewith.
2. The commissioner may disapprove any such policy or contract, application, rider, endorsement, certificate or other evidence of any such insurance contract if he finds it contains any provisions or has any title, heading, backing or other indication of the contents of any or all of its provisions which are likely to mislead the policyholder, contract holder or certificate holder or be prejudicial to his interests.
3. Every filing required to be made under this section shall be made not less than 30 days in advance of any delivery to any policyholder, contract holder or certificate holder. At the expiration of such 30 days the form so filed shall be deemed approved unless prior to that time it has been affirmatively approved or disapproved by order of the commissioner. Approval of any such form by the commissioner shall constitute a waiver of any unexpired portion of such waiting period. The commissioner may extend by not more than an additional 30 days the period within which he may so affirmatively approve or disapprove any such form by giving notice to the insurer of such extension before the expiration of the initial 30-day period. At the expiration of any such period so extended, and in the absence of such prior approval or disapproval, any such form shall be deemed approved.
4. The commissioner may, after giving 30 days written notice with his reasons therefor to the insurer, withdraw his approval. It is not lawful for the insurer to issue such forms or use them after the effective date of such withdrawal of approval.
5. Upon request, the commissioner shall grant a hearing to the insurer affected by any order under this section, in accordance with chapter 680 of NRS.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 593κ
Assembly Bill No. 118Committee on Banking, Insurance and Corporations
CHAPTER 276
AN ACT to amend NRS section 695.160, relating to the annual tax on total title risk insurance premiums, by abolishing the deduction of the certificate fee and applying reciprocity provisions to foreign and alien insurers, beginning with the year 1966; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 695.160 is hereby amended to read as follows:
695.160 [1. Annually, every title insurance company under the provisions of NRS 695.010 to 695.210, inclusive, shall:] Every title insurance company subject to the provisions of NRS 695.010 to 695.210, inclusive, shall:
1. For the calendar year 1965:
(a) File with the commissioner of insurance its schedule of prices for title risk insurance; and
(b) Pay to the commissioner of insurance a tax of 2 percent upon the total risk insurance premium income of all classes of business covering property or risks located in this state during the next preceding calendar year.
[2.] The fee paid pursuant to NRS 695.140 shall be deducted from this tax if the tax exceeds the amount of the fee.
2. Annually, beginning January 1, 1966, pay to the commissioner of insurance a tax of 2 percent upon the total title risk insurance premium income covering property or risks located in this state during the next preceding calendar year. The provisions of subsection 3 of NRS 686.010 apply to this tax.
3. The tax shall be paid:
(a) On or before March 1 of each year [.
(b) Before the commissioner of insurance shall issue] ; and
(b) As a condition precedent to the issue of the companys renewal certificate of authority.
[3. The fee for an annual certificate of authority paid by a title insurance company shall be deducted from the tax on premiums if such tax exceeds in amount the fee so paid for the annual certificate.]
4. Title insurance risk rates shall not include charges, for services performed by a title insurance company preliminary to the issuance of any title insurance policy, such as are, in the ordinary course of its business, performed for and charged to any of its clients who do not obtain from such company title insurance on the property involved in such service.
________
κ1965 Statutes of Nevada, Page 594κ
Assembly Bill No. 125Committee on Banking, Insurance and Corporations.
CHAPTER 277
AN ACT to amend chapter 684 of NRS, relating to insurance brokers, agents, solicitors and service representatives, by adding new sections requiring every insurance agent or broker to keep records of certain insurance sold and premiums collected for a period of 6 years after expiration date of each policy, and by requiring every resident insurance agent or broker to maintain an office in this state where his records shall be kept; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 684 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Every insurance agent or broker shall keep complete records of all insurance business transacted by him and of the collection of all premiums and of the names of all persons from whom business is accepted or to whom commissions are promised or paid.
2. Such records shall be open to inspection or examination of the commissioner at all times and the commissioner may at any time require such licensee to furnish him, in such manner or form as he requires, any information kept or required to be kept in such records.
3. The records required to be kept by this section may be destroyed after they have been retained by the broker or agent for a period of 6 years after the expiration date of the policy to which the records pertain.
4. This section shall not apply to a broker or agent of a life insurance company or an accident and health insurance company.
Sec. 3. Every resident insurance agent or broker shall maintain an office in this state for the transaction of business. The address of such office shall be specified on all applications for license and renewal applications. The records referred to in section 2 of this act shall be kept at such address.
________
κ1965 Statutes of Nevada, Page 595κ
Assembly Bill No. 171Committee on State, County and City Affairs
CHAPTER 278
AN ACT to be designated as the 1965 Public Securities Validation Act; validating, ratifying, approving and confirming outstanding public securities of the state and all corporate subdivisions and agencies thereof, and acts and proceedings had or taken thereby and appertaining to public securities; repealing acts in conflict herewith; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act shall be known as the 1965 Public Securities Validation Act.
Sec. 2. As used in this act:
1. Public body of the state means any state educational institution or other state institution, its board of regents or other governing body thereof constituting a body corporate, any county, incorporated city or incorporated town, whether incorporated or governed under a general act, special legislative act or special charter enacted, adopted or granted pursuant to sections 1 or 8, article 8, of the constitution of the state, or otherwise, any unincorporated city or unincorporated town, any school district, local improvement district, general improvement district, power district, irrigation district, drainage district, water conservancy district, water district, sanitation district, water and sanitation district, sewage, water and garbage disposal district, flood control district, swimming pool district, public cemetery district, county fire protection district, fire protection district, television maintenance district, housing authority, urban renewal agency, community redevelopment agency, any other corporate district, any corporate commission, or any other political subdivision of the state constituting a body corporate.
2. Public security means a bond, note, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any public body thereof, either a general obligation for the payment of which the state or public body issuing the obligation has pledged its full faith and credit or a special obligation payable wholly or in part from special assessments or from other designated revenues, or from both special assessments and other designated revenues.
3. State means the State of Nevada and any board, commission, department, corporation, instrumentality or agency thereof.
Sec. 3. All outstanding public securities of the state and of all public bodies thereof, and all acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the state or any public body thereof under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all such public securities are hereby validated, ratified, approved and confirmed, including but not necessarily limited to the terms, provisions, conditions and covenants of any resolution or ordinance appertaining thereto, the redemption of public securities before maturity and provisions therefor, the levy and collection of rates, tolls and charges, special assessments, and general and other taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds therefor, appertaining to such public securities, except as hereinafter provided, notwithstanding any lack of power, authority or otherwise, other than constitutional, and notwithstanding any defects and irregularities, other than constitutional, in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including, without limiting the generality of the foregoing, such acts and proceedings appertaining to such public securities all or any part of which have heretofore not been issued nor purportedly issued.
κ1965 Statutes of Nevada, Page 596 (CHAPTER 278, AB 171)κ
resolution or ordinance appertaining thereto, the redemption of public securities before maturity and provisions therefor, the levy and collection of rates, tolls and charges, special assessments, and general and other taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds therefor, appertaining to such public securities, except as hereinafter provided, notwithstanding any lack of power, authority or otherwise, other than constitutional, and notwithstanding any defects and irregularities, other than constitutional, in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including, without limiting the generality of the foregoing, such acts and proceedings appertaining to such public securities all or any part of which have heretofore not been issued nor purportedly issued. Such outstanding public securities are and shall be, and such public securities heretofore not issued nor purportedly issued shall be, after their issuance, binding, legal, valid and enforcible obligations of the state or the public body issuing them in accordance with their terms and their authorizing proceedings, subject to the taking or adoption of acts and proceedings heretofore not had nor taken, nor purportedly had nor taken, but required by and in substantial and due compliance with laws appertaining to any such public securities heretofore not issued nor purportedly issued.
Sec. 4. This act shall operate to supply such legislative authority as may be necessary to validate any public securities heretofore issued and any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such public securities were issued and such acts or proceedings were taken. This act, however, shall be limited to the validation of public securities, acts and proceedings to the extent to which the same can be effectuated under the state and federal constitutions. Also this act shall not operate to validate, ratify, approve, confirm or legalize any public security, act, proceeding or other matter the legality of which is being contested or inquired into in any legal proceeding now pending and undetermined, and shall not operate to confirm, validate or legalize any public security, act, proceedings or other matter which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.
Sec. 5. This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.
Sec. 6. 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. 7. 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. 8. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 597κ
Assembly Bill No. 199Clark County Delegation
CHAPTER 279
AN ACT relating to the representation of indigent criminal defendants by attorneys; to amend Title 20 of NRS, relating to counties, by creating a new chapter authorizing the establishment of the office of public defender; providing for the appointment, compensation, qualifications, expenses and duties of the public defender; providing for the furnishing of space, equipment and supplies by the county; providing for the appointment of deputies, assistants and office staff, their qualifications and compensation; to amend NRS sections 171.370 and 171.375, relating to preliminary hearings for persons charged with public offenses, by providing for the appointment of counsel to represent an indigent defendant charged with a felony or gross misdemeanor; to amend NRS section 174.120, relating to an indigent defendants right to counsel, by providing for the assignment of the public defender in certain cases; to amend NRS section 177.065, relating to appeals of moot questions of law in criminal cases by the state and compensation of attorneys, by excluding the public defender from such compensation; to amend NRS section 7.260, relating to fees and expenses of attorneys appointed by courts, by excluding public defenders therefrom and increasing authorized traveling and per diem expenses of such attorneys; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 20 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 9, inclusive, of this act.
Sec. 2. 1. The boards of county commissioners shall have the power and jurisdiction in their respective counties to create by ordinance the office of public defender.
2. The office of public defender when created shall be filled by appointment by the board of county commissioners.
3. The public defender shall serve at the pleasure of the board of county commissioners.
Sec. 3. A county may join with one or more other counties to establish one office of public defender to serve those counties.
Sec. 4. 1. The public defender shall be a qualified attorney licensed to practice in this state.
2. The public defender shall, when designated by the appropriate judge of the district court pursuant to the provisions of NRS 171.370, represent, without charge, each indigent person who is under arrest and held for a crime which constitutes a felony or gross misdemeanor.
Sec. 5. 1. The compensation of the public defender shall be fixed by the board of county commissioners, and he shall be permitted to engage in private civil practice of the law. The public defender of any two or more counties shall be compensated and be permitted private civil practice of the law as determined by the boards of county commissioners of such counties.
2. The public defender may appoint as many deputies or assistant attorneys, clerks, investigators, stenographers and other employees as he considers necessary to enable him to carry out his responsibilities, with the approval of the board of county commissioners. An assistant attorney must be a qualified attorney licensed to practice in this state and may be placed on a part-time or full-time basis.
κ1965 Statutes of Nevada, Page 598 (CHAPTER 279, AB 199)κ
attorney must be a qualified attorney licensed to practice in this state and may be placed on a part-time or full-time basis.
3. The compensation of persons appointed under subsection 2 shall be fixed by the board of county commissioners of the county or counties so served.
4. The board of county commissioners shall provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of the business of his office. However, the board of county commissioners may provide for an allowance in place of facilities. Each such item is a charge against the county in which public defender services are rendered. If the public defender serves more than one county, expenses that are properly allocable to the business of more than one of those counties shall be prorated among the counties concerned.
Sec. 6. When representing an indigent person, the public defender shall:
1. Counsel and defend him, if he is held in custody and charged with a public offense amounting to a felony or gross misdemeanor, at every stage of the proceedings following his designation by the appropriate judge of the district court pursuant to the provision of NRS 171.370; and
2. Prosecute any appeals or other remedies before or after conviction that he considers to be in the interests of justice.
Sec. 7. For cause, the district court may, on its own motion or upon motion of the public defender or the indigent person, appoint and compensate out of county funds an attorney other than, or in addition to, the public defender to represent such indigent person at any stage of the proceedings or on appeal in accordance with the laws of this state pertaining to the appointment of counsel to represent indigent criminal defendants.
Sec. 8. The public defender shall make an annual report to the board of county commissioners covering all cases handled by his office during the preceding year.
Sec. 9. Nothing in this chapter shall be construed to interfere in any way with the manner in which the several counties and district courts deal with indigent defendants, if the provisions of this chapter are not applicable.
Sec. 10. NRS 7.260 is hereby amended to read as follows:
7.260 1. An attorney other than a public defender appointed by a district court to represent a defendant before a magistrate or to defend a person charged with any offense by indictment or information, or by a district court or the supreme court or a justice thereof to represent an indigent petitioner for a writ of habeas corpus, which petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, is entitled to receive a fee to be set at the discretion of the appointing court, judge or justice, but the fee shall not be set at more than [$300] $200 for services in a justices court and $300 for services in a district court unless the crime is punishable by death, in which event the fee for services in a district court shall not be set at more than $1,000. The fee shall be paid from the county treasury, unless the proceeding is based upon a petition for a writ of habeas corpus filed by an indigent petitioner imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, in which case the fee shall be paid from the reserve for statutory contingency fund pursuant to [section 1 of chapter 423, Statutes of Nevada 1963.]
κ1965 Statutes of Nevada, Page 599 (CHAPTER 279, AB 199)κ
corpus filed by an indigent petitioner imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, in which case the fee shall be paid from the reserve for statutory contingency fund pursuant to [section 1 of chapter 423, Statutes of Nevada 1963.] NRS 353.264.
2. If such an attorney is called by a court into a county other than the county in which he has his office, he shall be allowed in addition to the fee provided in subsection 1 [:
(a) His actual living expenses not to exceed $5 per diem while away from the place in which he has his office and engaged on such case; and
(b) Actual and necessary traveling expenses as may be allowed by the court not to exceed 7 1/2 cents per mile traveled.] traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.
3. Compensation for services and expenses which is a county charge shall be paid by the county treasurer out of any moneys in the county treasury not otherwise appropriated, upon the certificate of the judge of the court that such attorney has performed the services required and incurred the expenses claimed. Compensation for services and expenses which is a state charge shall be paid from the reserve for statutory contingency fund upon approval by the state board of examiners.
4. An attorney cannot, in such case, be compelled to follow a case to another county or into the supreme court, and if he does so, he may recover an enlarged compensation to be graduated on a scale corresponding to the sums allowed.
Sec. 11. NRS 171.370 is hereby amended to read as follows:
171.370 1. When the defendant is brought before the magistrate upon an arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel at every stage of the proceedings, and before any further proceedings are had.
2. Any defendant charged with a felony or a gross misdemeanor who is an indigent may, by written application addressed to the district court and delivered to the magistrate, request the appointment of an attorney to represent him.
3. The application shall be accompanied by the defendants affidavit, which shall state:
(a) That he is without means of employing an attorney; and
(b) Facts with some particularity, definiteness and certainly concerning his financial disability.
4. The magistrate shall forthwith transmit the application and affidavit to the appropriate judge of the district court. If, after reading the application and affidavit and conducting such further inquiry as he may deem necessary, the judge finds that the defendant is without means of employing an attorney, the judge shall appoint an attorney or designate the public defender to represent him.
Sec. 12. NRS 174.120 is hereby amended to read as follows:
174.120 If the defendant appears for arraignment without counsel, he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desires the aid of counsel.
κ1965 Statutes of Nevada, Page 600 (CHAPTER 279, AB 199)κ
counsel. If he desires and is unable to employ counsel, the court must assign either the public defender or private counsel to defend him.
Sec. 13. NRS 177.065 is hereby amended to read as follows:
177.065 1. In addition to the instances specified in NRS 177.060 the state may appeal questions of law in criminal cases when such questions have become moot by virtue of acquittal of the defendant.
2. The attorney for the defendant, or any other attorney appointed by a court other than a public defender to defend the appeal, shall be compensated for his services and expenses in the manner provided in NRS 7.260.
Sec. 14. NRS 171.375 is hereby amended to read as follows:
171.375 1. [The] Where application is made for the appointment of counsel for an indigent defendant, the magistrate shall postpone the examination until:
(a) The application has been granted or denied by a district judge; and
(b) If the application is granted, the attorney appointed or the public defender has had reasonable time to appear.
2. If no such application is made, the magistrate must [also] allow the defendant reasonable time to send for counsel, and postpone the examination for that purpose, and must, upon the request of the defendant, require a peace officer to take a message to any counsel [in the township or city the defendant may name.] the defendant may name within the county in which the court is situated or in an adjoining county.
[2.] 3. The officer must, without delay and without fee, perform that duty.
Sec. 15. This act shall become effective upon passage and approval.
________
Assembly Bill No. 295Messrs. Knisley, Delaney and Howard
CHAPTER 280
AN ACT to amend NRS sections 80.010, 80.090, 80.160, 80.170, 81.060, 81.200, 81.210, 81.300, 81.360, 81.450, 81.510, 82.140, 82.160, 82.220, 82.260, 82.270, 82.540, 82.550, 82.570, 82.590, 82.630, 83.020, 85.010, 86.110 and 86.170, relating to the filing of documents by various corporations with county clerks, by providing that such documents may be microfilmed by such clerks as an alternative to filing; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 80.010 is hereby amended to read as follows:
80.010 1. Before commencing or doing any business in this state, every corporation organized under the laws of another state, territory, the District of Columbia, a dependency of the United States, or a foreign country, which enters this state for the purpose of doing business therein, shall: