[Rev. 2/28/2019 2:46:20 PM]
κ1965 Statutes of Nevada, Page 993κ
Senate Bill No. 123Senator Parks
CHAPTER 378
AN ACT to amend NRS section 269.155, relating to the enactment of ordinances for unincorporated towns, by providing that ordinances adopting specialized or uniform codes may be published by title only; and by providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 269.155 is hereby amended to read as follows:
269.155 1. In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power and duty to pass and adopt all ordinances, rules and regulations for any unincorporated town or city in their respective counties, and do and perform all other acts and things necessary for the execution of the powers and jurisdiction conferred by this chapter.
2. No ordinance passed by the board of county commissioners shall be in force or effect until published for 2 publications 1 week apart.
3. An ordinance adopting any specialized or uniform code, including but not limited to building, electrical and plumbing codes, printed in book or pamphlet form, may be so published by title only, together with the names of the county commissioners voting for or against its passage. Publication by title shall also contain a statement to the effect that copies of the code are available for inspection at the office of the county clerk by all interested persons.
4. All ordinances of the town or city in force at the date of the assumption of the board of county commissioners of the powers and duties conferred or imposed by this chapter, and not inconsistent therewith, shall remain in full force and be enforced until changed or repealed by the board.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 129Senator Fransway
CHAPTER 379
AN ACT making an appropriation to the University of Nevada for the biennium 1965-1967 for the support of the technical education program administered by the general university extension; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year commencing July 1, 1965, and ending June 30, 1966, there is hereby appropriated from the general fund in the state treasury to the University of Nevada for the support of the technical education program administered by the general university extension the sum of $74,169.
κ1965 Statutes of Nevada, Page 994 (CHAPTER 379, SB 129)κ
technical education program administered by the general university extension the sum of $74,169. After June 30, 1966, any unexpended balance of the appropriation herein made shall not be encumbered or committed for expenditure, and shall revert to the general fund in the state treasury on September 1, 1966.
Sec. 2. For the fiscal year commencing July 1, 1966, and ending June 30, 1967, there is hereby appropriated from the general fund in the state treasury to the University of Nevada for the support of the technical education program administered by the general university extension the sum of $49,159. After June 30, 1967, any unexpended balance of the appropriation herein made shall not be encumbered or committed for expenditure, and shall revert to the general fund in the state treasury on September 1, 1967.
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Senate Bill No. 132Committee on Aviation, Transportation and Highways
CHAPTER 380
AN ACT to amend NRS sections 37.040, 37.060, 37.090, 37.150 to 37.170, inclusive, 37.180 and chapter 37 of NRS, relating to eminent domain, by providing criteria for condemnation; providing for unrecorded interests; preserving a right of appeal from the amount of an award deposited in court; restricting damages payable by a condemnor; extending the time for filing an answer; providing for distribution among joint defendants by separate proceeding; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 37.040 is hereby amended to read as follows:
37.040 [Before property can be taken it must appear:
1. That the use to which it is to be applied is a use authorized by law.
2. That the taking is necessary to such use.
3. If already appropriated to some public use, that] No judgment of condemnation shall be entered unless the court first finds that:
1. The use to which the property is to be applied is a public use.
2. The property is necessary to such public use.
3. If the property is already appropriated to some public use, the public use to which it is to be applied is a more necessary public use.
Sec. 2. NRS 37.060 is hereby amended to read as follows:
37.060 1. All proceedings under this chapter [must] shall be brought in the district court for the county in which the property or some part thereof is situated. The complaint in such cases must be verified, and the party instituting any such proceedings shall file with the recorder of each county in which any of the property is situated a notice of the pendency of the action.
2. From the time of such filing every purchaser or encumbrancer whose conveyance or encumbrance is not then recorded or docketed shall be deemed a subsequent purchaser or encumbrancer and shall be bound by the proceedings to the same extent and in the same manner as if he were a party therein.
κ1965 Statutes of Nevada, Page 995 (CHAPTER 380, SB 132)κ
whose conveyance or encumbrance is not then recorded or docketed shall be deemed a subsequent purchaser or encumbrancer and shall be bound by the proceedings to the same extent and in the same manner as if he were a party therein. He may intervene in the manner provided by NRS 37.080.
Sec. 3. NRS 37.090 is hereby amended to read as follows:
37.090 The court or judge thereof shall have power:
1. To [determine the conditions specified in NRS 37.040; to] determine the places of making connections, crossings, cattle guards and culverts, and to regulate the manner thereof, and of enjoying the common use mentioned in subsection 5 of NRS 37.030.
2. To hear and determine all adverse or conflicting claims to the property sought to be condemned, and to the damages therefor.
3. To determine the respective rights of different parties asking condemnation of the same property.
Sec. 4. NRS 37.150 is hereby amended to read as follows:
37.150 [Payment may be made to the defendants entitled thereto, or the money may] The award shall be deposited in court for defendants and be distributed to those entitled thereto. If the [money] award be not so [paid or] deposited, the defendants may have execution as in civil cases; and if the [money] award cannot be made on execution, the court, upon showing to that effect, must set aside and annul the entire proceedings, and restore possession of the property to the defendants, if possession has been taken by the plaintiff.
Sec. 5. NRS 37.160 is hereby amended to read as follows:
37.160 When [payments have been made and the bond given, if the plaintiff be required to give one, as required by NRS 37.140 and 37.150, the court must make a final order of condemnation, which must describe the property condemned and the purpose of such condemnation. A copy of the order must be filed] the award has been distributed as required by NRS 37.150 and the bond given, if required by NRS 37.140, the court shall enter a final order of condemnation describing the property condemned and the purpose of such condemnation. A copy of the order shall be recorded in the office of the recorder of the county, and thereupon the title to the property described therein shall vest in the plaintiff for the purpose therein specified [.] , except that when the state is the plaintiff, the property shall vest in the state for any public use.
Sec. 6. NRS 37.170 is hereby amended to read as follows:
37.170 1. At any time after the entry of judgment, or pending an appeal by either party from the judgment to the supreme court, whenever the plaintiff shall have paid into court for the defendant the full amount of the judgment, and such further sum as may be required by the court as a fund to pay any further damages and costs that may be recovered in the proceedings, as well as all damages that may be sustained by the defendant, if for any cause the property shall not be finally taken for public use, [the district court in which the proceeding was tried may, upon motion of the plaintiff, authorize] the plaintiff, if already in possession, [to] may continue therein, and if not, [then] the court shall, upon motion of the plaintiff, authorize the plaintiff to take possession of and use the property during the pendency of and until the final conclusion of the litigation, and [may,] shall, if necessary, stay all actions and proceedings against the plaintiff on account thereof.
κ1965 Statutes of Nevada, Page 996 (CHAPTER 380, SB 132)κ
take possession of and use the property during the pendency of and until the final conclusion of the litigation, and [may,] shall, if necessary, stay all actions and proceedings against the plaintiff on account thereof. The plaintiff shall not be held to have abandoned or waived the right to appeal from the judgment by paying into court the amount of the judgment and such further sum as may be required by the court and taking possession of the property pursuant to this subsection.
2. The defendant, who is entitled to the money paid into court for him upon any judgment, shall be entitled to demand and receive the same at any time thereafter upon obtaining an order therefor from the court. The court or judge thereof shall, upon application being made by such defendant and notice to all parties, order and direct that the money so paid into court for him be delivered to him upon his filing a satisfaction of the judgment, or upon his filing a receipt therefor, and an abandonment of all defenses to the action or proceeding, except as to the amount of damages that he may be entitled to in the event that a new trial shall be granted. A payment to a defendant, as aforesaid, shall be held to be an abandonment by such defendant of all defenses interposed by him, excepting his claim for greater compensation.
3. If the amount of the compensation awarded upon final judgment exceeds the sum paid into court, the court shall enter judgment against the plaintiff and in favor of the defendant [.] for the amount of the excess with interest thereon. If the amount of the compensation awarded upon final judgment is less than the sum paid into court and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess [.] with interest thereon.
Sec. 7. NRS 37.180 is hereby amended to read as follows:
37.180 1. Plaintiff may abandon the proceedings at any time after filing the complaint and before the expiration of 30 days after final judgment, by serving on defendants and filing in court a written notice of such abandonment. Upon such abandonment, on motion of any party, a judgment shall be entered dismissing the [proceeding] proceedings and awarding the defendants their costs and disbursements, which shall include all necessary expenses incurred in preparing for trial and reasonable attorney fees. These costs and disbursements, including necessary expenses and reasonable attorney fees, may be claimed in and by a cost bill, to be prepared, served, filed and taxed as in civil actions; but upon judgment of dismissal on motion of plaintiff, any or all defendants [, and each of them,] may file a cost bill within 30 days after notice of entry of such judgment.
2. If the plaintiff has been placed in possession of the premises under the provisions of NRS 37.100 [to] or 37.170, [inclusive,] the defendant is entitled to all damages arising from such occupancy [.] of the abandoned property.
Sec. 8. Chapter 37 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 12, inclusive.
Sec. 9. A summons shall be served with the complaint as in civil actions and shall contain a direction that the defendant appear and answer the complaint within 30 days after service of the summons and complaint, and a further direction that unless the defendant so appears and answers, the plaintiff will be entitled to a judgment of condemnation by default.
κ1965 Statutes of Nevada, Page 997 (CHAPTER 380, SB 132)κ
answer the complaint within 30 days after service of the summons and complaint, and a further direction that unless the defendant so appears and answers, the plaintiff will be entitled to a judgment of condemnation by default.
Sec. 10. If the defendant fails to file his answer within 30 days after service of the summons and complaint, the clerk shall, upon application of the plaintiff, enter the defendants default, and the defendant shall be deemed to have waived all defenses and objections to the sufficiency and validity of the complaint and to the right of plaintiff to condemn the described property for the purposes stated therein.
Sec. 11. 1. Where any defendant has failed to:
(a) Answer within the time allowed, and the clerk has entered his default; or
(b) Appear at the time set for trial, whether such trial be before the court with or without a jury, and the court has directed that his default be entered,
the defendant shall be deemed to have waived his right to contest the amount of compensation to be awarded, and, thereupon, the court shall proceed to conduct a hearing to determine the value of the property and any damages.
2. For the purpose of the hearing required by this section, the court may consider, by affidavit or otherwise:
(a) Proof of the value of the property taken;
(b) The damages, if any, which may result from the condemnation; and
(c) The amount alleged in the complaint to be just compensation; and shall enter such judgment as it deems proper.
Sec. 12. Where there are two or more estates or divided interests in property sought to be condemned, the plaintiff is entitled to have the amount of the award for such property first determined as between plaintiff and all defendants claiming any interest therein. The respective rights of such defendants in and to such award shall be determined by the court or master in a separate proceeding and the amount apportioned by order accordingly.
Sec. 13. This act shall become effective upon passage and approval.
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κ1965 Statutes of Nevada, Page 998κ
Senate Bill No. 136Committee on Aviation, Transportation and Highways
CHAPTER 381
AN ACT to amend chapter 408 of NRS, relating to the highways and roads law, by adding new sections providing for entry on private land by department of highways personnel to survey for rights-of-ways, designating Route 92 to extend from Tonopah to Round Mountain and Route 93 to extend from a point south of Silver City to a point near Dayton; to amend NRS section 408.100, relating to legislative intent concerning the state highway system and transportation thereon, by inclusion of the word state; to amend NRS section 408.280, relating to the state highway budget, by placing the budget on a fiscal year accounting basis and requiring that a copy of such budget be submitted to all news media in the state; to amend NRS section 408.430, 408.435, 408.485, 408.660 and 408.755, relating to routes 11, 11a, 20, 51 and 70, by altering the courses of such routes; to amend NRS section 408.970, relating to acquisition of property for highway purposes, by changing terms therein; to amend NRS section 408.975, relating to claims against the department of highways in highway acquisition, by providing a time limitation and enlarging venue; to repeal NRS sections 408.420 and 408.620, relating to Routes 9 and 43; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. Whenever land is required for highway purposes, the department shall survey and locate the right-of-way in a manner most compatible with the greatest public good and the least private injury. The departments employees, agents or representatives may, with the consent of the owner, enter upon the land and make examinations, surveys and maps thereof, including soil investigation and test borings and appraisal and valuation of the land and improvements thereon.
2. Whenever the owner or occupant of such land refuses or fails to permit entry thereon for such examination, survey, investigation or appraisal, the department may petition the district court of the county in which such land is situated for an order permitting the department to enter and undertake such examination, survey, investigation or appraisal, and the court, if it ascertains, by affidavit or otherwise, that the department in good faith desires to enter the land for such purpose shall grant its order permitting such entry, conditioned upon the examination being made at reasonable times and in such manner as to cause the least inconvenience to the owner or occupant, and such entry shall not constitute any cause of action in favor of the owner or occupant of the land, except for actual damages sustained to such land or improvements thereon.
Sec. 3. Route 92 begins at a point on Route 8a north of Tonopah, thence easterly to Round Mountain.
Sec. 4. Route 93 begins at a point on Route 17 south of Silver City, thence easterly to a point on Route 2a at Dayton.
Sec. 5. NRS 408.100 is hereby amended to read as follows:
408.100 Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the state, and that an adequate highway system is a vital part of the national defense, the legislature hereby determines and declares that:
κ1965 Statutes of Nevada, Page 999 (CHAPTER 381, SB 136)κ
an adequate highway system is a vital part of the national defense, the legislature hereby determines and declares that:
1. An integrated system of state highways and roads is essential to the general welfare of the state.
2. Providing of such a system of facilities, its efficient management, maintenance and control is recognized as a problem and as the proper prospective of highway legislation.
3. Inadequate highways and roads obstruct the free flow of traffic, resulting in undue cost of motor vehicle operation, endangering the health and safety of the citizens of the state, depreciating property values, and impeding general economic and social progress of the state.
4. In designating the highways and roads of the state as provided in this chapter, the legislature places a high degree of trust in the hands of those officials whose duty it shall be, within the limits of available funds, to plan, develop, operate, maintain, control and protect the highways and roads facilities of this state, for present as well as for future use.
5. To this end, it is the express intent of the legislature to make the board of directors of the department of highways custodian of the state highways and roads and to provide sufficiently broad authority to enable the board to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the constitution and the legislative mandate proposed in this chapter.
6. The legislature intends:
(a) To declare, in general terms, the powers and duties of the board of directors, leaving specific details to be determined by reasonable rules and regulations and declarations of policy which the board may promulgate.
(b) By general grant of authority to the board of directors, to delegate sufficient power and authority to enable the board to carry out the broad objectives herein contained.
7. The problem of establishing and maintaining adequate highways and roads, eliminating congestion, reducing accident frequency and taking all necessary steps to insure safe and convenient transportation on these public ways is no less urgent.
8. The legislature hereby finds, determines and declares that this chapter is necessary for the preservation of the public safety, the promotion of the general welfare, the improvement and development of transportation facilities in the state, and other related purposes necessarily included therein, and as a contribution to the system of national defense.
9. The words construction, maintenance and administration used in section 5 of Article IX of the constitution of the State of Nevada are broad enough to be construed to include and as contemplating the construction, maintenance and administration of the state highways and roads as hereinafter established, including but not limited to the publication by the department of a magazine to be known as Nevada Highways and Parks, and the landscaping, roadside improvements and planning surveys of the state highways and roads.
Sec. 6. NRS 408.280 is hereby amended to read as follows:
408.280 1. On or before [January] July 15 of each year the board shall have prepared and presented to the governor a detailed budget, for the fiscal year ending the following June 30, stating therein the amount, character, and nature of the construction, reconstruction, improvements, studies and maintenance work to be performed on the highways within the respective counties of the state during the ensuing fiscal year, together with an estimate of the cost of such work.
κ1965 Statutes of Nevada, Page 1000 (CHAPTER 381, SB 136)κ
shall have prepared and presented to the governor a detailed budget, for the fiscal year ending the following June 30, stating therein the amount, character, and nature of the construction, reconstruction, improvements, studies and maintenance work to be performed on the highways within the respective counties of the state during the ensuing fiscal year, together with an estimate of the cost of such work.
2. The board shall cause a copy of such budget to be printed and a copy mailed to the chairman of the board of county commissioners of the several counties of the state, and a copy shall be furnished to [each newspaper published] all news media in the state.
Sec. 7. NRS 408.430 is hereby amended to read as follows:
408.430 Route 11 begins at a point on Route 13 south of Wells, thence northwesterly by Secret Pass and Halleck to a point on Route 1. [Route 11 begins again on Route 1 at Elko, thence northerly by Independence Valley, Deep Creek, White Rock and Owyhee to a point on the Nevada-Idaho state line north of Owyhee.] Route 11 begins again at a point on Route 51 north of Dinner Station, thence northerly by Independence Valley, Deep Creek and White Rock to a point on Route 51 at Owyhee.
Sec. 8. NRS 408.435 is hereby amended to read as follows:
408.435 Route 11a begins at a point on Route 11 near Deep Creek, thence northeasterly [by Mountain City to a point on Route 11 south of Owyhee.] to a point on Route 51 south of Mountain City.
Sec. 9. NRS 408.485 is hereby amended to read as follows:
408.485 Route 20 begins at a point on Route 4 near Currant, thence northerly by Duckwater to a point on Route 2 west of the Eureka-White Pine County line. [Route 20 begins again at a point on Route 2 northwest of Eureka, thence northerly by Pine Valley to a point on Route 1 at Carlin.]
Sec. 10. NRS 408.660 is hereby amended to read as follows:
408.660 Route 51 begins at a point on [Route 17 south of Silver City, thence easterly to a point on Route 2a at Dayton.] Route 2 northwest of Eureka, thence northerly by Pine Valley to a point on Route 1 at Carlin. Route 51 begins again at a point on Route 1 at Elko, thence northerly through the Owyhee River Canyon to a point on the Nevada-Idaho state line north of Owyhee.
Sec. 11. NRS 408.755 is hereby amended to read as follows:
408.755 Route 70 begins at a point on Route [8a north of Tonopah, thence easterly to Round Mountain.] 1 at Reno, thence northerly to a point on the California-Nevada state line near Hallelujah Junction, California.
Sec. 12. NRS 408.970 is hereby amended to read as follows:
408.970 1. In all cases of highways constructed, reconstructed or improved under the provisions of this chapter which are located or relocated over privately owned property the department may acquire, in the name of the state, either in fee or in any lesser estate or interest, any real property or interest therein and any personal property which it considers necessary.
2. Real property or interests therein or personal property for such purposes includes, but is not limited to, real property, interests therein, improvements located thereon and personal property for any of the following purposes:
κ1965 Statutes of Nevada, Page 1001 (CHAPTER 381, SB 136)κ
improvements located thereon and personal property for any of the following purposes:
(a) For rights-of-way for both present and future needs for highways of all types including highways constructed within towns and cities.
(b) For exchanging [the same for other real property to be used for rights-of-way and including such real property, interests therein and improvements thereon] such property or interests therein for other property or interests therein required for highway purposes to avoid the payment of excessive compensation or damages.
(c) For [relocating] sites on which to relocate structures which are [in the path] within the right-of-way of a projected highway.
(d) For sites for administrative, storage, communications, maintenance, recreational and historical purposes and necessary appurtenances in connection with such sites.
(e) For material sites, including [the use of sand, gravel or other roadway material from material sites obtained through option, lease or purchase;] rock quarries, gravel pits, sand or earth borrow pits, or other roadway material; also to obtain water from any source for any purpose which may be necessary for the construction and maintenance of such highways and their appurtenances.
(f) For the culture and support of trees and other flora which will benefit such highways in any way, including the increasing of the scenic beauty of such highways.
(g) For drainage in connection with any highway.
(h) For the maintenance of an unobstructed view of any portion of a highway so as to promote the safety of the traveling public.
(i) For the placement of directional signs and other signs; construction of fences, curbs, barriers, and obstructions as may be necessary for the safety and convenience of the traveling public.
(j) For constructing and maintaining highway cut and fill slopes.
3. Such property and [property rights] interests therein shall be acquired by the department in the name of and in behalf of the state, either by donation, dedication, agreement, exchange, lease, option, purchase, or through the exercise [by the department in the name of and on behalf of the state under] of the power of eminent domain. [in the same manner as provided for acquiring property for other public uses except as otherwise provided in this chapter.]
4. Proceedings in eminent domain for acquisition of property or interests therein for the highway purposes set forth in this section shall be had pursuant to the provisions of chapter 37 of NRS, except as otherwise prescribed by this chapter.
5. The entire cost of acquiring such property and [property rights,] interests therein, except as otherwise provided in this chapter, shall be paid out of the state highway fund.
[5.] 6. Whenever a part of a parcel of real property, interests therein or improvements thereon is to be acquired under the provisions of this chapter and the remainder is proposed to be left in such irregular shape, uneconomical size, utility or condition as to be of little value [to its owner] or to give rise to claims or litigation concerning damages, the department may acquire by the methods provided in subsection 3 the whole [of the same] parcel and may [sell] dispose of the remainder pursuant to NRS 408.999 or may exchange the same for other property [needed] or interests therein required for highway purposes.
κ1965 Statutes of Nevada, Page 1002 (CHAPTER 381, SB 136)κ
[to its owner] or to give rise to claims or litigation concerning damages, the department may acquire by the methods provided in subsection 3 the whole [of the same] parcel and may [sell] dispose of the remainder pursuant to NRS 408.999 or may exchange the same for other property [needed] or interests therein required for highway purposes.
Sec. 13. NRS 408.975 is hereby amended to read as follows:
408.975 1. Any person asserting any claim for [moneys or damages] compensation or damage for injury to land or interests therein arising from the construction, [or] alteration or improvement of any highway constructed, altered or improved under the provisions of this chapter shall first, as a condition precedent to the action authorized by subsection 2 and not later than 2 years after final acceptance of the contract by the department as defined in NRS 408.925, file such claim with the department, verified under oath and containing all particulars regarding such claim. Such claim shall be promptly investigated [and determined] by the engineer [within a reasonable time after receipt,] , who shall recommend its disposition to the board, and if such claim or any portion thereof is approved by the board it shall be paid upon obtaining a written release of the entire claim, out of the state highway fund. The claimant shall be given written notice by registered mail of the boards decision.
2. Any [person who may consider himself aggrieved by such determination] claimant aggrieved by the boards decision on such claim may commence [in any court of competent jurisdiction in Ormsby County] , in the district court for the county in which the land is situated, within 6 months after [final acceptance of the contract by the department as defined in NRS 408.925 in the same manner as actions for damages sustained for the taking of private land for public purposes,] receipt of notice of the boards decision on such claim, a proceeding in inverse condemnation against the department seeking just compensation for an alleged taking or damaging of private property for highway purposes, and if such [action] proceeding is not [taken] so commenced within such time it shall be forever barred.
Sec. 14. NRS 408.420 and 408.620 are hereby repealed.
Sec. 15. This act shall become effective upon passage and approval.
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κ1965 Statutes of Nevada, Page 1003κ
Senate Bill No. 139Committee on Judiciary
CHAPTER 382
AN ACT to amend NRS section 31.030, relating to undertakings on attachment, by providing that courts may reduce the required amount of the undertaking upon ex parte application of the plaintiff.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 31.030 is hereby amended to read as follows:
31.030 1. Before issuing the writ, the clerk shall require a written undertaking on the part of the plaintiff payable in lawful money of the United States, in a sum not less than $200, and not less than one-fourth of the amount claimed by plaintiff, with two or more sureties to the effect that if the plaintiff dismiss such action or if the defendant recover judgment the plaintiff will pay in lawful money of the United States all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment including attorneys fees, not exceeding the sum specified in the undertaking. Each of the sureties shall annex to the undertaking an affidavit that he is a resident and householder or freeholder within the state, and worth double the sum specified in the undertaking over and above all his debts and liabilities, exclusive of property exempt from execution. Upon showing by the defendant after notice to the plaintiff, the court may require an additional bond.
2. If the value of the property to be attached is less than the amount of the claim, the court may by written order, on ex parte application of the plaintiff accompanied by the affidavit of the plaintiff, direct the issuance of the writ on the filing of an undertaking in a sum based on the value of the property but not less than $200.
3. At any time after the issuing of the attachment, but not later than 5 days after actual notice of the levy thereof, the defendant may except to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When excepted to, the plaintiffs sureties, within 5 days from service of written notice of exception, upon notice to the defendant of not less than 2 nor more than 5 days, must justify before the judge, justice, or clerk of the court in which the action is pending; and upon failure to justify, or if others in their place fail to justify, at the time and place appointed, the writ of attachment must be vacated.
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κ1965 Statutes of Nevada, Page 1004κ
Senate Bill No. 140Committee on Judiciary
CHAPTER 383
AN ACT to amend NRS section 40.470, relating to hearings to establish termination of interests of deceased persons, by allowing notice of such hearings to be mailed by certified mail return receipt requested, postage prepaid, to the heirs.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 40.470 is hereby amended to read as follows:
40.470 1. Whenever title or an interest in real or personal property is affected by the death of any person, any other person who claims any interest in such real or personal property, which interest is affected by the death of such person, may file in the district court of any county in which any part of such real or personal property is situated, a verified petition setting forth those facts and particularly describing the real or personal property, the interest of the petitioner, and the interest of the deceased therein.
2. The clerk shall set the petition for hearing by the court. Notice of hearing of the petition shall be [served personally upon] mailed, by certified mail return receipt requested, postage prepaid, to the heirs at law of the deceased person at their places of business or residences, if known, and if not, by publication for at least 3 successive weeks in such newspaper as the court shall order. Failure on the part of any such heir at law to contest the petition shall preclude any such heir at law from thereafter contesting the validity of the joint interest or its creation or termination.
3. The court shall take evidence for or against the petition, and may render judgment thereon establishing the fact of such death and the termination of the interest of the deceased in the real or personal property described in the petition.
4. A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the real or personal property is situated.
5. As an alternative method, whenever title or an interest in real or personal property held in joint tenancy is affected by death of any person, any person who has knowledge of the facts may file in the office of the county recorder in the county where the property is situated an affidavit reciting the existence of such property, describing such property, and establishing the death of the joint tenant or tenants by attaching a certified copy of the death certificate or certificates to such affidavit.
Sec. 2. This act shall become effective at 12:05 a.m. on July 1, 1965.
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κ1965 Statutes of Nevada, Page 1005κ
Senate Bill No. 144Senator Dodge
CHAPTER 384
AN ACT to amend NRS section 483.380, relating to renewal of drivers licenses, by providing that new licenses be mailed prior to the expiration of the old license, for validation upon renewal examination; to amend NRS section 483.390, relating to notice of change of address of a licensee, by providing an assessment; to amend NRS section 483.530, relating to unlawful use of licenses, by making the alteration, forging, substitution, counterfeiting or use of an unvalidated license a misdemeanor.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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. Thirty days prior to the expiration of his license, the drivers license division of the department shall mail to each licensee who has not already renewed his license an unvalidated renewal license. Before using such renewal license, the licensee shall present it to a drivers license examiner for validation upon the same conditions as applications for renewal are granted. 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. 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.
κ1965 Statutes of Nevada, Page 1006 (CHAPTER 384, SB 144)κ
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. 2. NRS 483.390 is hereby amended to read as follows:
483.390 1. Whenever any person after applying for or receiving an operators or chauffeurs license shall move from the address named in such application or in the license issued to him, or when the name of a licensee is changed by marriage or otherwise, such person shall within 10 days thereafter notify the drivers license division of the department in writing of his new and old addresses, or of such former and new names, and of the number of any license then held by him.
2. Where the licensee has failed to notify the drivers license division as required by subsection 1, and a renewal license has been prepared as provided in NRS 483.380, an assessment of $1 shall be imposed to cover the cost of reprocessing the renewal license, which assessment shall be added to the license renewal fee.
Sec. 3. NRS 483.530 is hereby amended to read as follows:
483.530 1. It is a misdemeanor for any person:
(a) To display or cause or permit to be displayed or have in his possession any canceled, revoked, suspended, fictitious or fraudulently altered operators or chauffeurs license or any license issued under any prior laws;
(b) To alter, forge, substitute, counterfeit or use an unvalidated operators or chauffeurs license.
(c) To lend his operators or chauffeurs license to any other person or knowingly permit the use thereof by another;
[(c)] (d) To display or represent as ones own any operators or chauffeurs license not issued to him;
[(d)] (e) To fail or refuse to surrender to the department upon its lawful demand any operators or chauffeurs license which has been suspended, revoked or canceled;
[(e)] (f) To use a false or fictitious name in any application for an operators or chauffeurs license or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application;
[(f)] (g) To permit any unlawful use of an operators or chauffeurs license issued to him; or
[(g)] (h) To do any act forbidden, or fail to perform any act required, by NRS 483.010 to 483.630, inclusive.
2. The department shall suspend for 1 year the license of a person convicted of any of the misdemeanors enumerated in subsection 1.
Sec. 4. This act shall become effective at 12:05 a.m. on July 1, 1965.
________
κ1965 Statutes of Nevada, Page 1007κ
Senate Bill No. 153Committee on Judiciary
CHAPTER 385
AN ACT to amend NRS sections 205.220, 205.240 and 205.272, relating to grand larceny, petit larceny and the unlawful taking of vehicles, by clarifying the term vehicle and clarifying the distinction between larceny and the unlawful taking of vehicles, and by making the unlawful taking of a vehicle a felony.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 205.220 is hereby amended to read as follows:
205.220 Every person who shall feloniously steal, take and carry away, lead or drive away the personal goods or property of another, of the value of $100 or more, except a vehicle as defined in NRS 482.135, shall be deemed guilty of grand larceny, and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than 2 years nor more than 14 years.
Sec. 2. NRS 205.240 is hereby amended to read as follows:
205.240 1. Except as provided in subsection 2, every person who shall steal, take and carry, lead, or drive away the personal goods or property of another, under the value of $100, except a vehicle as defined in NRS 482.135, shall be deemed guilty of petit larceny, and upon conviction thereof shall be punished by imprisonment in the county jail not more than 6 months, or by fine not exceeding $500, or by both fine and imprisonment.
2. Every person convicted of petit larceny for a third time within 7 years from the date of his first conviction of petit larceny may be punished as for a misdemeanor or a gross misdemeanor. The jury by its verdict, or the court sitting without a jury by its judgment, shall fix the category of punishment. The power of a jury in a justices court and the jurisdiction of the justices court to fix such category of punishment as a gross misdemeanor is hereby expressly conferred.
Sec. 3. NRS 205.272 is hereby amended to read as follows:
205.272 1. [Notwithstanding the provisions of NRS 205.220 and 205.240, any] Any person who shall drive or take a vehicle [,] as defined in NRS 482.135, not his own, without the consent of the owner thereof, and with intent either permanently or temporarily to deprive the owner of his title to or possession of such vehicle, with or without intent to steal the same, [shall be guilty of a gross misdemeanor, and any person who so drives or takes a vehicle after once having been convicted of such act] shall be guilty of a felony.
2. The consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of such owners consent on a previous occasion to the taking or driving of such vehicle by the same or a different person.
3. Any person who assists in, or is a party to or an accomplice in, any such unauthorized taking or driving shall also be guilty of a gross misdemeanor or, if previously convicted of so assisting or being a party or accomplice, shall be guilty of a felony.
Sec. 4. This act shall become effective on July 2, 1965.
________
κ1965 Statutes of Nevada, Page 1008κ
Senate Bill No. 172Committee on Aviation, Transportation and Highways
CHAPTER 386
AN ACT to amend NRS sections 482.225 and 482.520, relating to the collection of use taxes on vehicles and to reports of stolen vehicles, by transferring responsibility for use tax collection to the Nevada tax commission, and changing the distribution of stolen vehicle reports; to repeal NRS section 482.200, relating to destruction of unused license plates; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.225 is hereby amended to read as follows:
482.225 1. Whenever application shall be made to the department for registration of a vehicle purchased outside the state and not previously registered within this state [, the department shall make a determination of the liability for use tax on such vehicle, and, if the registrant or owner of the vehicle is found to be liable for such use tax, collect such tax and remit the same to the Nevada tax commission.
2. If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of such vehicle, it shall be presumed that such vehicle was purchased for use within the state, and the department shall collect such tax and remit the same to the Nevada tax commission.
3. Upon the failure or refusal by the registrant or owner to pay such tax, the department shall refuse to register the vehicle.
4. If the taxpayer can controvert such presumption of purchase for use in this state, he must pay the tax to the department, and must substantiate his claim for exemption by a statement in writing, signed by the registrant or owner, or his authorized representative, and forward such statement to the Nevada tax commission with his claim for refund of tax erroneously or illegally collected.
5. If the Nevada tax commission finds that the tax has been erroneously or illegally collected, such tax shall be refunded as provided in NRS 372.630 to 372.720, inclusive.] where the registrant or owner at the time of purchase was not a resident of or employed in this state, the department shall notify the representative of the Nevada tax commission or the commissions agent of the owners or registrants intent to register such vehicle. The commissions representative or its agent shall determine and collect any use tax due, and shall remit the taxes he collects to the Nevada tax commission.
2. If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of such vehicle, it shall be presumed that such vehicle was purchased for use within the state and the representative or agent of the Nevada tax commission shall collect such tax and remit it to the Nevada tax commission.
3. Until notified by the Nevada tax commissions representative or its agent of payment of or exemption from the tax, the department shall refuse to register the vehicle.
κ1965 Statutes of Nevada, Page 1009 (CHAPTER 386, SB 172)κ
4. In counties with a population of 25,000 or more, where the department has established branch offices, space shall be provided by the department for a representative of the Nevada tax commission, who shall determine and collect the use tax on vehicles as provided in subsections 1 and 2. In any county with a population of less than 25,000, as determined by the last preceding national census compiled by the Bureau of the Census of the United States Department of Commerce, the commission may designate the county assessor, the department or the agent of the department as the agent of the Nevada tax commission for the collection of use tax.
5. For purposes of collection of use tax under the provisions of chapter 706 of NRS, the Nevada tax commission may designate the department as agent.
6. If the taxpayer can controvert the presumption stated in subsection 2 that he purchased the vehicle for use in this state, he must pay the tax to the Nevada tax commissions representative, and must substantiate his claim for exemption by a statement in writing, signed by the registrant or owner, or his authorized representative, and forward such statement to the Nevada tax commission together with his claim for refund of tax erroneously or illegally collected.
7. If the Nevada tax commission finds that the tax has been erroneously or illegally collected, such tax shall be refunded as provided in NRS 372.630 to 372.720, inclusive.
Sec. 2. NRS 482.520 is hereby amended to read as follows:
482.520 1. Whenever the owner of any motor vehicle, trailer or semitrailer which is stolen or embezzled files an affidavit alleging either such fact with the department, it shall immediately suspend the registration of or reregister such vehicle until such time as it shall be notified that the owner has recovered the vehicle, but notices given as herein provided shall be effective only during the current registration year in which given. If during such year the vehicle is not recovered a new affidavit may be filed with like effect during the ensuing year. Every owner who has filed an affidavit of theft or embezzlement must immediately notify the department of the recovery of such vehicle.
2. As often as practicable, but at least once each month, the department shall [either publish or post upon public bulletin boards in each of its offices a record of stolen and recovered motor vehicles, and shall furnish copies thereof to the police departments and sheriffs offices throughout the state and to the vehicle commissioner of each state.] prepare a record of stolen and recovered motor vehicles in the State of Nevada and furnish copies thereof to its branch offices or agents, to police departments and sheriffs offices throughout the state and to the Federal Bureau of Investigation.
Sec. 3. NRS 482.200 is hereby repealed.
________
κ1965 Statutes of Nevada, Page 1010κ
Senate Bill No. 178Committee on Banks, Banking, and Corporations
CHAPTER 387
AN ACT to amend NRS section 682.380, relating to investments in securities by domestic insurance companies, by allowing investment in first mortgages and deeds of trust up to 75 percent of the appraised value.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 682.380 is hereby amended to read as follows:
682.380 1. Any domestic company may invest in entire first mortgages or first deeds of trust on improved [unemcumbered] unencumbered real property [or the entire issue of bonds secured thereby] located within this state [and worth at least 50 percent more than the amount loaned thereon, the worth to be] an amount not to exceed 75 percent of the value of the property as substantiated by the appraisal of three landowners, or by a recognized and experienced real estate appraiser, which appraisal the commissioner may accept if he is satisfied that the appraisers are competent and disinterested; provided:
(a) There is and has been no default in the payment of any part of the principal and there is no default in interest; and
(b) The investment in any one mortgage or [any one issue of bonds] deed of trust does not exceed $30,000 or 2 percent of the companys admitted assets, whichever is the greater.
Before making such investment, a certificate of the value of such property, based on such appraisal, shall be executed by the board of directors or by an investment committee of the board of directors making or authorizing such investment on behalf of the company.
2. By improved real property, as used in this section, is meant all farmland which has been reclaimed and is used for the purpose of husbandry, whether for tillage or pasture, and all real property within the limits of an incorporated village, town or city on which permanent buildings suitable for residence or commercial use are situated.
3. Real property for the purposes of this section shall not be deemed to be encumbered within the meaning of this section by reason of the existence of instruments reserving rights-of-way, sewer rights and rights in walls, nor by reason of building restrictions or other restrictive covenants, nor by reason of the fact that it is subject to lease under which rents or profits are reserved to the owner, if the security for such investment is a full and unrestricted first lien upon such real property and there is no condition nor right of reentry or forfeiture under which such investments can be cut off, subordinated or otherwise disturbed.
4. Notwithstanding the restrictions set forth in this section, any domestic company may invest in bonds or notes secured by mortgage or trust deed insured by the Federal Housing Administrator, or in debentures issued by him under the terms of the National Housing Act, and in securities issued by national mortgage associations established by or under the authority of the National Housing Act.
5. No such domestic company shall in any manner, either directly or indirectly, by means of corporations, holding companies, trustees or otherwise, invest in real property securities junior to first mortgages.
κ1965 Statutes of Nevada, Page 1011 (CHAPTER 387, SB 178)κ
or indirectly, by means of corporations, holding companies, trustees or otherwise, invest in real property securities junior to first mortgages.
6. Such domestic company shall not invest in excess of 50 percent of its admitted assets in the securities described in this section.
________
Senate Bill No. 179Committee on Banks, Banking and Corporations
CHAPTER 388
AN ACT to amend NRS sections 704.323 and 704.328, relating to the issuance of securities and the assumption of obligations by privately owned public utilities subject to authorization by the public service commission of Nevada and control by such commission over the security issues of public utilities engaged in interstate commerce, by limiting certain statutory exemptions and increasing the percentage of interstate business required for exclusion from control; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.328 is hereby amended to read as follows:
704.328 The provisions of NRS 704.322 to 704.326, inclusive, shall not apply to any public utility engaged in interstate commerce if [15] 25 percent or more of the operating revenues of such public utility are derived from interstate commerce.
Sec. 2. NRS 704.323 is hereby amended to read as follows:
704.323 1. No privately owned public utility organized under the laws of and operating in the State of Nevada shall issue any security, or assume any obligation as guarantor, endorser, surety or otherwise, in respect of any security of any other person, firm or corporation, unless and until, and only to the extent, authorized by a written order of the commission.
2. The provisions of subsection 1 shall not apply to the issue or renewal of, or assumption of liability on, a note or draft maturing not more than 1 year after the date of such issue, renewal or assumption of liability [.] , but in the case of privately owned electric or combination electric utilities subject to the jurisdiction of the commission the provisions of subsection 1 shall apply to all security issues, or renewals or assumption of obligations as guarantor, endorser, surety or otherwise, having a maturity of 1 year or less where the combined sum of such security issues, renewals or assumptions exceeds $1,000,000 or 5 percent of the par value of the other securities of the public utility then outstanding. In case of securities having no par value the par value for purposes of this subsection shall be the fair market value as of the date of issue of the privately owned or combination electric utilities, whichever sum is greater.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1012κ
Senate Bill No. 181Committee on Banks, Banking and Corporations
CHAPTER 389
AN ACT to amend NRS section 78.115, relating to boards of directors of private corporations, by allowing the number to be reduced in certain cases; to amend NRS section 78.235, relating to stock certificates, by providing that a corporation cannot act as registrar of its own stock, but its transfer agent and registrar may be identical; to amend NRS section 78.350, relating to voting rights of stockholders, by extending the period prior to a stockholders meeting for closing the transfer books or determining stockholders of record; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.115 is hereby amended to read as follows:
78.115 The business of every corporation shall be managed by a board of not less than three directors or trustees, all of whom shall be of full age and at least one of whom shall be a citizen of the United States [.] , except that, in cases where all the shares of the corporation are owned beneficially and of record by either one or two stockholders, the number of directors may be less than three but not less than the number of stockholders. Unless otherwise provided in the certificate or articles of incorporation, or an amendment thereof, it shall not be necessary for directors to be stockholders.
Sec. 2. NRS 78.235 is hereby amended to read as follows:
78.235 1. Every stockholder shall be entitled to have a certificate, signed by officers or agents designated by the corporation for the purpose, certifying the number of shares owned by him in such corporation.
2. Whenever any certificate is countersigned or otherwise authenticated by a transfer agent or transfer clerk, and by a registrar, then a facsimile of the signatures of the officers or agents of the corporation may be printed or lithographed upon such certificate in lieu of the actual signatures. A corporation cannot act as registrar of its own stock, but its transfer agent and registrar may be identical if the institution acting in such dual capacities countersigns stock certificates in both capacities.
3. In case any officer or officers who shall have signed, or whose facsimile signature or signatures shall have been used on, any such certificate or certificates shall cease to be such officer or officers of such corporation, whether because of death, resignation or otherwise, before such certificate or certificates shall have been delivered by such corporation, such certificate or certificates may nevertheless be adopted by such corporation and be issued and delivered as though the person or persons who signed such certificate or certificates, or whose facsimile signature or signatures shall have been used thereon, had not ceased to be such officer or officers of such corporation.
Sec. 3. NRS 78.350 is hereby amended to read as follows:
78.350 1. Unless otherwise provided in the certificate or articles of incorporation, or an amendment thereof, every stockholder of record of a corporation shall be entitled at each meeting of stockholders thereof to one vote for each share of stock standing in his name on the books of the corporation.
κ1965 Statutes of Nevada, Page 1013 (CHAPTER 389, SB 181)κ
record of a corporation shall be entitled at each meeting of stockholders thereof to one vote for each share of stock standing in his name on the books of the corporation.
2. Unless contrary provisions shall be made in the certificate of incorporation or articles of incorporation, or an amendment thereof, the directors may prescribe a period not exceeding [40] 60 days prior to any meeting of the stockholders during which no transfer of stock on the books of the corporation may be made, or may fix a day not more than [40] 60 days prior to the holding of any such meeting as the day as of which stockholders entitled to notice of and to vote at such meeting shall be determined; and only stockholders of record on such day shall be entitled to notice or to vote at such meeting.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 182Committee on Banks, Banking, and Corporations
CHAPTER 390
AN ACT to amend NRS sections 167.020 to 167.050, inclusive, and 167.070, relating to definitions, gifts, custodians and liability of third persons under the Uniform Gifts to Minors Act, by defining savings and loan association and adding such associations to the financial institutions named in the act as depositaries of money.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 167.020 is hereby amended to read as follows:
167.020 In this chapter, unless the context otherwise requires:
1. An adult is a person who has attained the age of 21 years.
2. A bank is a bank, trust company or national banking association.
3. A broker is a person lawfully engaged in the business of effecting transactions in securities for the account of others. The term includes a bank which effects such transactions. The term also includes a person lawfully engaged in buying and selling securities for his own account, through a broker or otherwise, as a part of a regular business.
4. Court means the district court.
5. The custodial property includes:
(a) All securities and money under the supervision of the same custodian for the same minor as a consequence of a gift or gifts made to the minor in a manner prescribed in this chapter;
(b) The income from the custodial property; and
(c) The proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment or other disposition of such securities, money and income.
6. A custodian is a person so designated in a manner prescribed in this chapter.
κ1965 Statutes of Nevada, Page 1014 (CHAPTER 390, SB 182)κ
7. A guardian of a minor includes the general guardian, guardian, tutor or curator of his property, estate or person.
8. An issuer is a person who places or authorizes the placing of his name on a security (other than as a transfer agent) to evidence that it represents a share, participation or other interest in his property or in an enterprise or to evidence his duty or undertaking to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person.
9. A legal representative of a person is his executor or the administrator, general guardian, guardian, committee, conservator, tutor or curator of his property or estate.
10. A member of a minors family means any of the minors parents, grandparents, brothers, sisters, uncles and aunts, whether of the whole blood or the half blood, or by or through legal adoption.
11. A minor is a person who has not attained the age of 21 years.
12. A savings and loan association is a federal savings and loan association or a state-chartered savings and loan association or building and loan association doing business in this state; and insures savings and loan association is a savings and loan association which is an insured institution as defined in Title IV of the National Housing Act.
13. A security includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. The term does not include a security of which the donor is the issuer. A security is in registered form when it specifies a person entitled to it or to the rights it evidences and its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer.
[13.] 14. A transfer agent is a person who acts as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities or in the cancellation of surrendered securities.
[14.] 15. A trust company is a bank authorized to exercise trust power in this state.
Sec. 2. NRS 167.030 is hereby amended to read as follows:
167.030 1. An adult person may, during his lifetime, make a gift of a security or money to a person who is a minor on the date of the gift:
(a) If the subject of the gift is a security in registered form, by registering it in the name of the donor, another adult person or a trust company, followed, in substance, by the words: as custodian for ............... (name of minor) ............... under the Nevada Uniform Gifts to Minors Act;
(b) If the subject of the gift is a security not in registered form, by delivering it to an adult person other than the donor or a trust company, accompanied by a statement of gift in the following form, in substance, signed by the donor and the person designated as custodian:
κ1965 Statutes of Nevada, Page 1015 (CHAPTER 390, SB 182)κ
delivering it to an adult person other than the donor or a trust company, accompanied by a statement of gift in the following form, in substance, signed by the donor and the person designated as custodian:
GIFT UNDER THE NEVADA UNIFORM GIFTS TO MINORS ACT
I, ................ (name of donor) ................, hereby deliver to ................ (name of custodian) ................ as custodian for ................ (name of minor) ................ under the Nevada Uniform Gifts to Minors Act, the following security (ies): (Insert an appropriate description of the security or securities delivered sufficient to identify it or them).
...............................................................
(Signature of donor)
................ (name of custodian) ................ hereby acknowledges receipt of the above-described security (ies) as custodian for the above minor under the Nevada Uniform Gifts to Minors Act.
Dated: ...................................................................
(Signature of custodian)
(c) If the subject of the gift is money, by paying or delivering it to a broker or a bank for credit to an account or to be an insured savings and loan association for investment in an account in the name of the donor, another adult person or a bank with trust powers, followed, in substance, by the words: as custodian for ................ (name of minor) ................ under the Nevada Uniform Gifts to Minors Act.
2. Any gift made in a manner prescribed in subsection 1 may be made to only one minor and only one person may be the custodian.
3. A donor who makes a gift to a minor in a manner prescribed in subsection 1 shall promptly do all things within his power to put the subject of the gift in the possession and control of the custodian, but neither the donors failure to comply with this subsection, nor his designation of an ineligible person as custodian, nor renunciation by the person designated as cutodian affects the consummation of the gift.
Sec. 3. NRS 167.040 is hereby amended to read as follows:
167.040 1. A gift made in a manner prescribed in this chapter is irrevocable and conveys to the minor indefeasibly vested legal title to the security or money given, but no guardian of the minor has any right, power, duty or authority with respect to the custodial property except as provided in this chapter.
2. By making a gift in a manner prescribed in this chapter, the donor incorporates in his gift all the provisions of this chapter and grants to the custodian, and to any issuer, transfer agent, bank, savings and loan association, broker or third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in this chapter.
Sec. 4. NRS 167.050 is hereby amended to read as follows:
167.050 1. The custodian shall collect, hold, manage, invest and reinvest the custodial property.
2. The custodian shall pay over to the minor for expenditure by him, or expend for the minors benefit, so much of or all the custodial property as the custodian deems advisable for the support, maintenance, education and benefit of the minor in the manner, at the time or times, and to the extent that the custodian in his discretion deems suitable and proper, with or without court order, with or without regard to the duty of himself or of any other person to support the minor or his ability to do so, and with or without regard to any other income or property of the minor which may be applicable or available for any such purpose.
κ1965 Statutes of Nevada, Page 1016 (CHAPTER 390, SB 182)κ
property as the custodian deems advisable for the support, maintenance, education and benefit of the minor in the manner, at the time or times, and to the extent that the custodian in his discretion deems suitable and proper, with or without court order, with or without regard to the duty of himself or of any other person to support the minor or his ability to do so, and with or without regard to any other income or property of the minor which may be applicable or available for any such purpose.
3. The court, on the petition of a parent or guardian of the minor or of the minor, if he has attained the age of 14 years, may order the custodian to pay over to the minor for expenditure by him or to expend so much of or all the custodial property as is necessary for the minors support, maintenance or education.
4. To the extent that the custodial property is not so expended, the custodian shall deliver or pay it over to the minor on his attaining the age of 21 years or, if the minor dies before attaining the age of 21 years, he shall thereupon deliver or pay it over to the estate of the minor.
5. The custodian, notwithstanding statutes restricting investments by fiduciaries, shall invest and reinvest the custodial property as would a prudent man of discretion and intelligence who is seeking a reasonable income and the preservation of his capital, except that he may, in his discretion and without liability to the minor or his estate, retain a security given to the minor in a manner prescribed in this chapter.
6. The custodian may sell, exchange, convert or otherwise dispose of custodial property in the manner, at the time or times, for the price or prices and upon the terms he deems advisable. He may vote in person or by general or limited proxy a security which is custodial property. He may consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of an issuer, a security of which is custodial property, and to the sale, lease, pledge or mortgage of any property by or to such an issuer, and to any other action by such issuer. He may execute and deliver any and all instruments in writing which he deems advisable to carry out any of his powers as custodian.
7. The custodian shall register each security which is custodial property and in registered form in the name of the custodian, followed, in substance, by the words: as custodian for ............... (name of minor) ............... under the Nevada Uniform Gifts to Minors Act. The custodian shall hold all money which is custodial property in an account with a broker or in a bank or insured savings and loan association in the name of the custodian, followed, in substance, by the words: as custodian for ............... (name of minor) ............... under the Nevada Uniform Gifts to Minors Act. The custodian shall keep all other custodial property separate and distinct from his own property in a manner to identify it clearly as custodial property.
8. The custodian shall keep records of all transactions with respect to the custodial property and make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor, if he has attained the age of 14 years.
9. A custodian has and holds as powers in trust, with respect to the custodial property, in addition to the rights and powers provided in this chapter, all the rights and powers which a guardian has with respect to property not held as custodial property.
κ1965 Statutes of Nevada, Page 1017 (CHAPTER 390, SB 182)κ
to the custodial property, in addition to the rights and powers provided in this chapter, all the rights and powers which a guardian has with respect to property not held as custodial property.
Sec. 5. NRS 167.070 is hereby amended to read as follows:
167.070 No issuer, transfer agent, bank, insured savings and loan association, broker or other person acting on the instructions of or otherwise dealing with any person purporting to act as a donor or in the capacity of a custodian is responsible for determining whether the person designated by the purported donor or purporting to act as a custodian has been duly designated or whether any purchase, sale or transfer to or by or any other act of any person purporting to act in the capacity of custodian is in accordance with or authorized by this chapter, or is obliged to inquire into the validity or propriety under this chapter of any instrument or instructions executed or given by a person purporting to act as a donor or in the capacity of a custodian, or is bound to see to the application by any person purporting to act in the capacity of a custodian of any money or other property paid or delivered to him.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 192Senator Dial
CHAPTER 391
AN ACT authorizing the state land register to convey certain state lands to Ormsby County for county road purposes and to authorize the county commissioners of Ormsby County to accept title to such land for the county.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of any other law:
1. The board of county commissioners of Ormsby County, Nevada, is hereby authorized to accept title for the county to lands belonging to the State of Nevada described as follows:
Those portions of the SE 1/4 of the NW 1/4 of section 15, the NE 1/4 of the SW 1/4 of section 15, the SW 1/4 of the SW 1/4 of section 15, the NE 1/4 of the NE 1/4 of section 21, the SW 1/4 of the NE 1/4 of section 21, and the NW 1/4 of the NW 1/4 of section 22, all in T. 15 N., R. 20 E., M.D.B. & M., Ormsby County, Nevada, contained within an 80-foot right-of-way whose centerline is described as follows:
Beginning at a point on the north line of the SE 1/4 of the NW 1/4, section 15, T. 15 N., R. 20 E., M.D.B. & M., from which the brass cap monument marking the northeast corner of the SE 1/4 of the NW 1/4, section 15, bears N. 89°59′40ʺ E. 40.00 feet; thence first course S. 0°07′10ʺ E. 386.72 feet to a point of curvature; thence second course curving to the right 490.87 feet along a circular curve of 1,146.00 feet radius through a central angle of 24°32′30ʺ to a point of tangency; thence third course S.
κ1965 Statutes of Nevada, Page 1018 (CHAPTER 391, SB 192)κ
second course curving to the right 490.87 feet along a circular curve of 1,146.00 feet radius through a central angle of 24°32′30ʺ to a point of tangency; thence third course S. 24°25′20ʺ W. 1,970 feet, more or less, to intersect the centerline of East Fifth Street; (Note: westerly right-of-way line of courses 1-3 is defined by brass cap monuments 2, 3, 4 and 5 of Carson City sewage treatment plant site survey); thence fourth course S. 24°26′ W. 50.64 feet to a point of curvature; thence fifth course curving to the right 180.21 feet along a circular curve of 172.10 feet radius through a central angle of 60°00′ to a point of reverse curvature; thence sixth course curving to the left 686.34′ along a circular curve of 886.08 feet radius through a central angle of 6°28′ to a point of tangency marked by steel pins at right-of-way limits; thence seventh course S. 40°03′ W. 1,256.27 feet to a point on the tangent from which the stone monument marking the corner common to sections 15, 16, 21 and 22 bears at right angles N. 49°57′ W. 169.17 feet; thence eighth course continuing S. 40°03′ W. 2,343.58 feet to a point of curvature; thence ninth course curving to the left 298.89 feet along a circular curve of 1,910.00 feet radius through a central angle of 8°58′ to a point of tangency; thence tenth and last course S. 31°03′ W. 550 feet, more or less, to intersect the east-west quarter section line of section 21, T. 15 N., R. 20 E., M.D.B. & M.
Together with a 30-foot right-of-way north of and immediately adjacent to the south line of the SW 1/4 of the NE 1/4 of section 21, T. 15 N., R. 20 E., M.D.B. & M., extending westerly 790 feet, more or less, to the center of such section, from the above-mentioned intersection of right-of-way centerline and east-west quarter section line.
2. The state land register is hereby authorized to convey to the board of county commissioners of Ormsby County, Nevada, in fee simple, the real property described in subsection 1.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1019κ
Senate Bill No. 193Senator Fisher (by request)
CHAPTER 392
AN ACT fixing the minimum and maximum salary limitations for certain White Pine County officers; providing for the appointment of deputies and for travel expenses; to repeal chapter 239, Statutes of Nevada 1963, relating to compensation and fees of White Pine County officers; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following officers of White Pine County, Nevada, shall receive in full payment for all services rendered by them the following salaries to be fixed by resolution of the majority of the board of county commissioners of White Pine County within the minimum and maximum amounts as follows:
1. Each county commissioner shall receive an annual salary of $3,600, payable in equal monthly installments, which shall be in full compensation for all services whatsoever required of such commissioner. Each county commissioner shall be allowed all his actual and necessary traveling expenses in the performance of his official duties.
2. The sheriff shall receive a salary of not less than $9,000 nor more than $9,600 per annum. The salary herein provided for shall be payable in equal monthly installments as full compensation of his services to the county as sheriff or in any ex officio capacity of any kind whatsoever. The sheriff shall collect for all services in his office and pay over monthly into the county treasury of White Pine County such fees as are provided for in NRS 248.290, but in lieu of mileage provided in NRS 248.290, the sheriff shall charge and collect as mileage the actual and necessary travel expenses of himself or deputies in the service of any summons and complaint or other process issuing out of the district court, and where there is a deputy or other officer so located as to perform such service without the sheriff or his deputy actually incurring any travel expenses, no mileage shall be charged. In all cases herein, where the deputy sheriff resides away from the county seat and is required in the performance of a duty or duties of his office to use his own or a privately owned car in connection with such duty or duties, he shall receive therefor the sum of not to exceed 10 cents per mile for each mile necessarily traveled in the performance of any such duty or duties. Such claim for mileage shall be first audited and allowed by the board of county commissioners.
3. The county assessor shall receive a salary of not less than $8,400 nor more than $9,000 per annum. The salary herein provided for shall be payable in equal monthly installments. The county assessor shall collect and pay over into the county treasury of White Pine County all such fees and taxes as are now provided for by law.
4. The county recorder and auditor shall receive a salary of not less than $8,400 nor more than $9,000 per annum. The salary herein provided for shall be payable in equal monthly installments. The county recorder and auditor shall collect and pay over into the county treasury of White Pine County all such fees as are now provided for by law.
κ1965 Statutes of Nevada, Page 1020 (CHAPTER 392, SB 193)κ
treasury of White Pine County all such fees as are now provided for by law.
5. The county clerk shall receive a salary of not less than $8,400 nor more than $9,000 per annum. The salary herein provided for shall be payable in equal monthly installments. The county clerk shall collect and pay over into the county treasury of White Pine County all such fees as are now provided for by law.
6. The county treasurer and ex officio tax collector shall receive a salary of not less than $8,400 nor more than $9,000 per annum. The salary herein provided for shall be payable in equal monthly installments. The county treasurer and ex officio tax collector shall collect and pay over into the county treasury of White Pine County all such fees and taxes as are now provided for by law.
7. The district attorney and public administrator shall receive a salary of not less than $8,400 nor more than $9,000 per annum. The salary herein provided for shall be payable in equal monthly installments. The district attorney and public administrator may, in addition, have or retain all fees allowed by law as public administrator.
Sec. 2. The above-named county officers may, with the majority consent of the board of county commissioners, employ and fix the salaries of their deputies, other assistants, clerks and secretaries as are deemed necessary for the proper discharge of the duties required of such office, to be paid in a like manner as other county employees are paid, and in accordance with the Systematic Position Classification and Pay Plan of White Pine County.
Sec. 3. The above-named county officers and deputies shall be allowed all their actual travel expenses, consisting of actual costs of transportation and living while absent from the county seat in the performance of their official duties, provided that the expenses be first audited and allowed by the board of county commissioners.
Sec. 4. Chapter 239, Statutes of Nevada 1963, at pages 406 to 408, inclusive, entitled An Act fixing the salaries of certain White Pine County officers; providing for the appointment of deputies and other personnel and providing for travel expenses; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto, approved April 5, 1963, and all other acts and parts of acts in conflict herewith, are hereby repealed.
Sec. 5. This act shall become effective on the 1st Monday in January, 1967.
________
κ1965 Statutes of Nevada, Page 1021κ
Senate Bill No. 203Committee on Finance
CHAPTER 393
AN ACT to amend NRS sections 333.120, 333.450 and 333.460, relating to the revolving fund of the purchasing division of the department of administration and to payment of claims, by redesignating such fund as the working capital and operating fund consisting of a working capital account and an operating account and prescribing the funds limits; to amend chapter 333 of NRS, relating to state purchasing, by adding new sections relating to the operating account and permitting temporary transfers from the general fund; providing for the reversion of the working capital and operating fund surplus to the general fund; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.120 is hereby amended to read as follows:
333.120 1. A [revolving] working capital and operating fund, consisting of a working capital account and an operating account, in the sum of [$500,000] $700,000 is hereby created for [:
(a) The] the use of the chief in purchasing supplies, materials and equipment. [; and
(b) The payment of necessary expenses incurred in carrying out the provisions of this chapter.
2. When any purchase or service is for the use of two or more using agencies, the payment shall be made from the revolving fund in the manner provided by law upon presentation of a verified claim approved by the chief.]
2. The working capital account shall consist of:
(a) Cash, in the form of moneys held by the state treasurer;
(b) Inventory in the form of supplies, materials and equipment held by the chief; and
(c) Receivables, due from using agencies for supplies, material and equipment delivered to them.
3. Upon closing the books for each fiscal year, to the extent that the total amount of the working capital and operating fund exceeds $700,000, the cash portion of the fund shall revert to the general fund in the state treasury.
Sec. 2. NRS 333.450 is hereby amended to read as follows:
333.450 1. All claims for supplies, materials and equipment purchased pursuant to the provisions of this chapter [and the necessary expenses and administrative and handling charges attached thereto] shall, when approved by the chief, be audited and paid out of the [respective appropriations or funds of the state officers, departments, institutions, boards, commissions or agencies, or agencies receiving federal funds, for which the purchases were made and expenses and administrative and handling charges incurred,] working capital account in the same manner as other claims against the state are required to be audited and paid.
2. The amount of administrative and handling charges shall be determined by the chief in each case, but shall not exceed a uniform percentage basis charge between departments or using agencies; and the total amount of the administrative and handling charges shall not exceed the total savings effected by reason of the purchase through the purchasing division.
κ1965 Statutes of Nevada, Page 1022 (CHAPTER 393, SB 203)κ
percentage basis charge between departments or using agencies; and the total amount of the administrative and handling charges shall not exceed the total savings effected by reason of the purchase through the purchasing division.
3. The amount receivable from each using agency to which supplies, material or equipment is delivered shall include:
(a) The cost to the division of the items delivered; and
(b) The charges as determined pursuant to subsection 2.
Sec. 3. NRS 333.460 is hereby amended to read as follows:
333.460 Upon the receipt of such supplies, materials and equipment [, or expense from the revolving fund,] from the working capital account, each state officer, department, institution, board, commission or agency shall [make or authorize payment to be made to the purchasing division. All payments shall be deposited in the state treasury or transferred to the credit of the revolving fund provided for in NRS 333.120.] authorize the state controller by transfer or warrant to draw funds from the using agencys account as determined pursuant to subsection 3 of NRS 333.450 for the transfer to or placement in the working capital account.
Sec. 4. Chapter 333 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. The operating account of the working capital and operating fund shall be used for the payment of necessary expenses incurred in carrying out the provisions of this chapter. Whenever a credit has been made to the working capital account from the appropriation or fund of a using agency by the state controller which includes the payment of charges made pursuant to subsection 2 of NRS 333.450, the chief may certify the amount of such charges to the state controller, who shall thereupon transfer the amount from the working capital account to the operating account or draw his warrant for such amount payable to the operating account from the working capital account and deliver the warrant to the state treasurer for transfer of such amount accordingly. Payment of expenses shall be made from the operating account on claims certified by the chief in the same manner as other claims against the state are paid.
Sec. 6. Whenever claims payable out of the working capital account and properly approved exceed the amount of the cash in such fund, the state controller is authorized to transfer temporarily from the general fund in the state treasury to the working capital account such amount as may be required to pay such claims, but not to exceed the lesser of:
1. The amount receivable from the department of highways as certified by the purchasing division; or
2. $200,000.
Sec. 7. Upon closing the accounts for the fiscal year ending June 30, 1965, there shall revert to the general fund in the state treasury from the working capital and operating fund of the purchasing division of the department of administration a sum equal to the difference between the total amount of the working capital and operating fund and $700,000.
Sec. 8. This act shall become effective at 12:05 a.m. on July 1, 1965.
________
κ1965 Statutes of Nevada, Page 1023κ
Senate Bill No. 217Senator Titlow
CHAPTER 394
AN ACT to amend NRS section 501.345, relating to powers of county game management boards, by providing that seasons set by county boards must be approved by the commissioner from such county unless the commissioner is overruled by the commission.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 501.345 is hereby amended to read as follows:
501.345 1. The commission is authorized to divide the State of Nevada into such districts as it shall find expedient with reference to hunting or fishing, and fix the dates for hunting or fishing in each of such districts within the limits provided in this Title; but the county board of any county may shorten or close the season entirely, except as to migratory birds. It shall be unlawful for any person to hunt in any such district or county on any day or days other than may be designated by the commission or the county board.
2. The county board of each county shall fix the open season in such county within the limits provided in this Title not less than 60 days before the dates specified in this Title for the opening of such season; but in the event an unforeseen emergency shall arise after any season shall have been declared open, and the county board shall determine that the interests of conservation so require, the board may declare such season closed, giving reasonable notice of such action, which notice shall be not less than 1 day.
3. The commission or any county board within its county may, in the interest of conservation, close to hunting or fishing designated areas in each county, in which event the county board shall post notice of such closing in the closed area, and give further notice thereof by publication.
4. No action under this section by a county board shall be effective unless it is first approved by the commissioner from such county or unless the commission by two-thirds vote overrules the disapproval of the commissioner from such county.
________
Senate Bill No. 218Senator Slattery
CHAPTER 395
AN ACT appropriating money to Storey County for preservation of the fourth ward school building; and providing other matters properly relating thereto.
[Approved April 13, 1965]
Whereas, The Virginia City restoration commission has not completed plans for financing restoration of Virginia City; and
Whereas, The fourth ward school building in Virginia City is of great historic significance and is in imminent danger of collapse; and
κ1965 Statutes of Nevada, Page 1024 (CHAPTER 395, SB 218)κ
great historic significance and is in imminent danger of collapse; and
Whereas, The fourth ward school building may be lost to future generations if immediate action is not taken to preserve it; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the county of Storey the sum of $15,000. Such moneys shall be placed in a special fund in the county treasury and may be expended by the board of county commissioners only for the purpose of preserving the fourth ward school building in Virginia City.
Sec. 2. The board of county commissioners shall cooperate with the Virginia City restoration commission in preserving the fourth ward school building.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 225Senator Dodge
CHAPTER 396
AN ACT to amend NRS section 286.580, relating to public employees retirement options, by providing in the case of death before selection of an option for the payment of survivor benefits and for an automatic option for 25-year employees.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.580 is hereby amended to read as follows:
286.580 1. Until the first payment of his service retirement allowance becomes normally due, a member who has applied for service retirement, except as otherwise provided in NRS 286.600 and 286.610, may elect to convert the allowance otherwise payable on his account after his retirement into a service retirement allowance of equivalent actuarial value of one of the optional forms described in NRS 286.590, subject to the following limitation: In cases involving the maximum unmodified allowance to the member as provided in NRS 286.550, any reduction in his allowance because of an optional selection shall be based upon the ages of the member and the beneficiary as of the date the member attained his maximum unmodified allowance.
2. The election of a converted allowance under any of the optional plans described in NRS 286.590 shall not be effective until the election, upon a form prescribed by the board, is delivered to the office of the board, but the deposit of such election in the mails, postage prepaid, in an envelope addressed to the board, shall be the equivalent of delivering to the board. The postmark date on such envelope shall be deemed the date of delivery.
κ1965 Statutes of Nevada, Page 1025 (CHAPTER 396, SB 225)κ
3. The election of an optional plan under the provisions of NRS 286.600 or 286.610 must be delivered to the office of the board within 60 days after receipt of the election form by the member or his agent or the election shall be declared invalid and shall be rejected by the board. If an election is rejected by the board for failure to deliver it within the prescribed period, the member may file another application for beneficiary protection and the board may proceed as if the second or succeeding applications were original applications.
4. In case of the death of a member prior to the delivery to the board of a valid election of retirement plan, the benefits payable on his account shall consist of a refund of contributions in accordance with NRS 286.660 [.] , or payment of applicable survivor benefits under NRS 286.671 to 286.6792, inclusive, except, that members with 25 or more years of service who file, or have filed, application for calculations under NRS 286.600 or 286.610 on or after July 1, 1959, shall be regarded as covered under the provisions of Option 2 of the retirement plans from the date of filing such application with the retirement board to the date of receipt, from the retirement board, of an election form permitting formal acceptance or rejection of coverage under an optional plan.
________
Senate Bill No. 227Senator Slattery
CHAPTER 397
AN ACT relating to group insurance; to amend chapter 287 of NRS, relating to the state group insurance program, by adding a new section allowing the governing bodies of certain school districts to contract with other school districts and with the state for participation in group insurance plans; to amend NRS sections 287.043, 287.044, 287.045, 287.046, 287.047, 287.048, relating to the state group insurance program, by allowing certain school districts to participate in the states group insurance program; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 287 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The governing body of any school district having less than 25 employees shall have, in addition to the other powers granted in NRS 287.010 and 287.020, the power to negotiate and contract with any adjoining school district or with the committee on group insurance for the state group insurance plan to secure group insurance for its officers and employees and their dependents by participation in any group insurance plan established or to be established by an adjoining school district or in the state group insurance plan.
2. The governing body of any school district shall have the power to negotiate and contract with any adjoining school district having less than 25 employees, to provide such school districts officers and employees with group insurance in any group insurance plan established or to be established by the school district.
κ1965 Statutes of Nevada, Page 1026 (CHAPTER 397, SB 227)κ
employees with group insurance in any group insurance plan established or to be established by the school district.
Sec. 2. NRS 287.043 is hereby amended to read as follows:
287.043 The committee on group insurance shall:
1. Act as an advisory body on matters relating to group life, accident or health insurance, or any combination thereof, for the benefit of all such state officers and employees.
2. Negotiate and contract with any school district in the state having less than 25 employees which is desirous of obtaining group insurance for its officers and employees by participation in the state group insurance program.
3. Purchase policies of life, accident or health insurance, or any combination thereof, from any insurance company qualified to do business in this state for the benefit of all eligible state or participating school district officers and employees who elect to participate in the states group insurance program.
[3.] 4. Adopt such regulations and perform such other duties as may be necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive.
Sec. 3. NRS 287.044 is hereby amended to read as follows:
287.044 A part of the cost of the monthly premiums of such group insurance, not to exceed 50 percent of such cost or $3 for each state or participating school district officer or employee electing to participate in the group insurance program, whichever is smaller, may be paid by the department, agency, [or] commission or school district which employs the officer or employee in whose behalf such part is paid from funds appropriated to or authorized for such department, agency, [or] commission or school district for such purpose.
Sec. 4. NRS 287.045 is hereby amended to read as follows:
287.045 1. Every state officer or employee who is employed on a permanent and full-time basis on July 1, 1963, shall be eligible immediately to participate in the states group insurance program.
2. Except as provided in subsection 3, every officer or employee of the state who commences his employment after July 1, 1963, shall be eligible to participate in such program upon the completion of 6 months of full-time employment.
3. University of Nevada professional employees with annual employment contracts shall be eligible to participate in such program upon the effective dates of their respective employment contracts.
4. Every officer or employee who is employed by a participating school district on a permanent and full-time basis on the date such school district enters into an agreement to participate in the states group insurance program, and every officer or employee who commences his employment after that date upon completion of 6 months of full-time employment, shall be eligible to participate in the states group insurance program.
Sec. 5. NRS 287.046 is hereby amended to read as follows:
287.046 Any state or participating school district officer or employee who elects to participate in the states group insurance program shall be entitled so to participate, and the department, agency, [or] commission or school district which employs such officer or employee shall pay the states share of the cost of the premiums of such group insurance from funds appropriated or authorized as provided in NRS 287.044.
κ1965 Statutes of Nevada, Page 1027 (CHAPTER 397, SB 227)κ
the states share of the cost of the premiums of such group insurance from funds appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the states group insurance program shall authorize deductions from their compensation for the payment of premiums on such insurance.
Sec. 6. NRS 287.047 is hereby amended to read as follows:
287.047 Upon the termination of his employment, any state or participating school district officer or employee may, for any purpose, elect to retain his membership in the states group insurance program if the retention of such membership is consistent with the terms of any agreement between the state and the insurance company which issued the policies pursuant to such program, but no part of the cost of the group insurance premiums shall thereafter be paid by the department, agency, [or] commission or school district which employed such officer or employee.
Sec. 7. NRS 287.048 is hereby amended to read as follows:
287.048 Nothing contained in NRS 287.041 to 287.047, inclusive, shall be construed to make it compulsory upon any officer or employee of the State of Nevada or of a participating school district to accept or join the states group insurance program, or to assign his wages or salary to or authorize deductions from his wages or salary in payment of group insurance premiums.
Sec. 8. This act shall become effective on July 2, 1965.
________
Senate Bill No. 228Senator Monroe
CHAPTER 398
AN ACT to amend the title of and to amend an act entitled An Act authorizing the city of Elko, Nevada, to develop, enlarge, improve and equip the citys airport; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $500,000 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto, approved April 2, 1963.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 218, Statutes of Nevada 1963, at page 351, is hereby amended to read as follows:
Section 1. Subject to the provisions of section 1.5 of this act, the board of supervisors of the city of Elko (herein sometimes designated as the board and the city, respectively), in the county of Elko and State of Nevada, in addition to the powers elsewhere conferred upon the board, is hereby authorized and empowered, upon behalf of the city, to relocate, develop, enlarge, improve and equip (or any combination thereof) the citys public airport (herein sometimes designated as the Project), including without limitation the purchase, condemnation, acquisition by lease, option to purchase, installment purchase contract, devise, bequest, gift and grant, and other acquisition of furnishings, apparatus, fixtures, structures and buildings, and all appurtenances and incidentals necessary, useful or desirable for any such facilities, and all types of property therefor, real or personal, or both real and personal (or any combination thereof), and to issue the citys negotiable, coupon, general obligation bonds [,] (herein sometimes designated as the bonds), in the aggregate principal amount of not exceeding $500,000 or such lesser amount as may be determined by the board, for the purpose of financing wholly or in part the cost of the Project.
κ1965 Statutes of Nevada, Page 1028 (CHAPTER 398, SB 228)κ
the Project), including without limitation the purchase, condemnation, acquisition by lease, option to purchase, installment purchase contract, devise, bequest, gift and grant, and other acquisition of furnishings, apparatus, fixtures, structures and buildings, and all appurtenances and incidentals necessary, useful or desirable for any such facilities, and all types of property therefor, real or personal, or both real and personal (or any combination thereof), and to issue the citys negotiable, coupon, general obligation bonds [,] (herein sometimes designated as the bonds), in the aggregate principal amount of not exceeding $500,000 or such lesser amount as may be determined by the board, for the purpose of financing wholly or in part the cost of the Project.
Sec. 2. Section 1.5 of the above-entitled act, being chapter 218, Statutes of Nevada 1963, at page 352, is hereby amended to read as follows:
Section 1.5. 1. [The board may by resolution adopted and entered in its minutes submit the question of issuing such general obligation bonds to the electors qualified to vote thereon at the next city general election or at a special election to be held for that purpose, held in accordance with NRS 350.010 to 350.070, inclusive, all laws amendatory thereof, and the laws of the State of Nevada relating to elections insofar as the same can be made applicable.
2. If the bond question is submitted at the next city general election no notice of registration of electors is required other than that required by the general election laws for such election.
3. If the bond question is submitted at a city special election, the city clerk shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the election, in a newspaper published within the city and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.
4. Except as provided in subsection 5, the office of the county clerk shall be open for such a special election, from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
5. During the 5 days preceding the close of registration before such a special election, the office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sundays and any legal holidays excepted.
6. The office of the county clerk shall be opened for registration of voters for such a special election from and including the 20th day next preceding such election up to but excluding the 10th day next preceding such election and during regular office hours.
7. Following the adoption of a resolution as provided in subsection 1, designating that the election shall be submitted at the next city general election, the city clerk shall cause a notice of the bond election to be published in some newspaper printed in and having a general circulation in the city at least once a week for 2 consecutive weeks by two weekly insertions a week apart, immediately preceding the date of the election.
κ1965 Statutes of Nevada, Page 1029 (CHAPTER 398, SB 228)κ
two weekly insertions a week apart, immediately preceding the date of the election.
8. Following the adoption of a resolution as provided in subsection 1, designating the bond election as a special election, the city clerk shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the city at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.
9. The notice of election shall contain:
(a) The time and places (by specific delineation or general reference) of holding the election.
(b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
(c) The purpose for which the bonds are to be issued.
(d) The maximum amount of the bonds.
(e) The maximum rate of interest, not to exceed 5 percent per annum.
(f) The maximum number of years, not exceeding 30, which the bonds are to run.
10. If a majority of both the white and colored ballots cast on the question so submitted are in favor of the issuance of the bonds, the proposal to issue them shall have carried, and the board may thereafter proceed to issue the bonds in accordance with the provisions of this act. If a majority of either the white ballots or the colored ballots cast on the question so submitted is against the issuance of the bonds, then such proposal shall have failed, and the board shall be without power to issue the bonds.
11. The submission of a question of issuing bonds as herein provided shall not prevent or prohibit the submission of the same or a similar question at a subsequent election called for that purpose.] The board shall issue a proclamation which shall set forth briefly:
(a) The facilities proposed to be acquired;
(b) The estimated cost thereof as shown by the report provided by the board and mayor, or an engineer or party theretofore appointed by the board for that purpose;
(c) The proposed bonded indebtedness to be incurred therefor; and
(d) The terms, amount, maximum rate of interest, and time within which redeemable.
2. Such proclamation shall be published in full at least once a week for 4 successive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which the board will consider for passage an ordinance providing for the bond issue.
3. At the first regular meeting of the board, or any adjournment thereof, after the completion of such publication, the board shall proceed to enact an ordinance for such purpose, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting such question to a vote of the electors of the city, except as otherwise provided in subsection 4 of this section.
κ1965 Statutes of Nevada, Page 1030 (CHAPTER 398, SB 228)κ
4. If a petition shall be presented to the board signed by not less than 5 percent of the qualified electors of the city as shown by the last preceding registration list and representing not less than 2 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating the 2 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. The petition for an election herein referred to may be filed with the board at any time prior to the date of meeting set in the published notice.
5. Any ordinance thus passed providing for the issuance of bonds shall be valid:
(a) If passed by the board in the absence of the filing of a petition and election; or
(b) If such petition be filed and election had, then if passed by the board pursuant to a majority vote in favor of such ordinance.
Sec. 3. Section 14 of the above-entitled act, being chapter 218, Statutes of Nevada 1963, at page 359, is hereby amended to read as follows:
Section 14. [It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.] It shall be legal for the state and any of its agencies, departments, instrumentalities, corporations or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the state, any representative of the state, any other public body, corporation, or other person of any duty of exercising reasonable care in selecting securities.
Sec. 4. The title of the above-entitled act, being chapter 218, Statutes of Nevada 1963, at page 351, is hereby amended to read as follows:
An Act authorizing the city of Elko, Nevada, to relocate, develop, enlarge, improve and equip the citys airport; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $500,000 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto.
Sec. 5. 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 provisions shall not affect any of the remaining provisions of this act.
κ1965 Statutes of Nevada, Page 1031 (CHAPTER 398, SB 228)κ
shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provisions shall not affect any of the remaining provisions of this act.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 231Committee on Judiciary
CHAPTER 399
AN ACT to amend NRS sections 207.120, 463.027, 463.080, 463.160, 463.270, 463.370, 463.380 and 463.400, relating to dissemination of fingerprint information and to gambling licensing and control, by specifying leave allowances for employees of the Nevada gaming commission and state gaming control board, providing and increasing penalties and interest assessments; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 207.120 is hereby amended to read as follows:
207.120 1. The statements and fingerprints hereinbefore provided for shall at all times be kept by the sheriff or chief of police in a file separate and apart from other files and records maintained and kept by the sheriff or chief of police, and shall not be open to inspection by the public, or by any person other than a regular law enforcement officer.
2. Copies of such statements and fingerprints may be transmitted to:
(a) The sheriff of any county in the State of Nevada;
(b) The head of any organized police department of any municipality in Nevada; or
(c) The head of any department of the State of Nevada engaged in the enforcement of any criminal law of this state; or
(d) [The gambling division of the Nevada tax commission or any successor thereto; or] The Nevada gaming commission and state gaming control board or any successor thereto; or
(e) The head of any federal law enforcement agency; or
(f) Any sheriff or chief of police of a municipality; or
(g) The head of any other law enforcement agency in any state or territory outside of the State of Nevada,
when request is made in writing by such sheriff or other head of a law enforcement agency asking for the record of a certain person named therein, or for the record of a person whose fingerprints reasonably correspond with fingerprints submitted with such request, and stating that such record is deemed necessary for the use of such law enforcement officer or agency in or concerning the investigation of any crime, or any person who is accused of committing a crime, or any crime which is reported to have been committed, and further stating that the record will be used only for such purpose.
κ1965 Statutes of Nevada, Page 1032 (CHAPTER 399, SB 231)κ
which is reported to have been committed, and further stating that the record will be used only for such purpose.
Sec. 1.5. NRS 463.027 is hereby amended to read as follows:
463.027 1. The commission may:
(a) Establish, and from time to time alter, such plan of organization as it may deem expedient.
(b) Employ and discharge an executive secretary, who shall receive an annual salary not to exceed $13,200, the amount to be set by the commission, and who shall perform such duties as the commission may require, and such other personnel as it may deem necessary.
(c) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
(d) Incur such other expenses, within the limit of funds available to it as it may deem necessary.
2. Except as otherwise provided in this chapter, all costs of administration incurred by the commission shall be paid out on claims from the general fund in the state treasury in the same manner as other claims against the state are paid.
3. The commission shall classify its employees as executive, supervisory, investigative and clerical, as it shall deem appropriate. No member or employee of the commission, other than those designated as clerical employees, shall be included in the classified service nor be subject to any of the provisions of chapter 284 of NRS or any acts amendatory of or supplemental thereto [.] except NRS 284.350 and 284.355.
Sec. 2. NRS 463.080 is hereby amended to read as follows:
463.080 1. The board may, with the consent of the commission:
(a) Establish, and from time to time alter, such plan or organization as it may deem expedient.
(b) Employ and discharge such personnel as it may deem necessary.
(c) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
(d) Incur such other expenses, within the limit of funds available to it, as it may deem necessary.
(e) Except as otherwise provided in this chapter, all costs of administration incurred by the board shall be paid out on claims from the general fund in the same manner as other claims against the state are paid.
2. The board shall classify its employees as executive, supervisory, investigative and clerical, as it shall deem appropriate. No member or employee of the board, other than those designated as clerical employees, shall be included in the classified service nor be subject to any of the provisions of chapter 284 of NRS or any acts amendatory of or supplemental thereto [.] except NRS 284.350 and 284.355.
Sec. 3. NRS 463.160 is hereby amended to read as follows:
463.160 1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
κ1965 Statutes of Nevada, Page 1033 (CHAPTER 399, SB 231)κ
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine as defined in this chapter, or to operate, carry on, conduct or maintain any horserace book or sports pool; or
(b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or
(c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running, carrying on or permitting the same to be carried on, without having first procured, and thereafter maintaining in full force and effect, all federal, state, county and municipal gaming licenses as required by statute or ordinance or by the governing board of any unincorporated city or town.
2. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest or any percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for the same.
3. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish, except by a bona fide sale, any slot machine under guise of any agreement whatever whereby any consideration whatever is paid or is payable for the right to possess or use such slot machine, whether such consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the same.
4. Any person who shall knowingly permit any gambling game, slot machine or device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, except by a person who is licensed hereunder, or his employee, shall be guilty of a gross misdemeanor.
5. Any licensee who puts additional games or slot machines into play without authority of the commission to do so or any licensee who fails to remit when due any license fee provided for by this chapter shall be liable for the penalty provided for in NRS 463.400 in addition to the penalty provided for in this section.
Sec. 4. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding calendar quarter upon proper application for renewal and payment of state license fees as required by law and the regulations of the commission.
2. All state gaming licenses shall become subject to renewal on the 1st day of each January and the 1st day of each calendar quarter thereafter.
3. Application for renewal shall be filed with the commission and all state license fees required by law shall be paid to the commission on or before the 25th day of January of each year and on or before the 25th day of the first month of each calendar quarter thereafter.
4. Application for renewal of licenses for slot machines only shall be made by the licensee-owner of the slot machines on behalf of himself and the operators of the locations where such machines are situated.
κ1965 Statutes of Nevada, Page 1034 (CHAPTER 399, SB 231)κ
be made by the licensee-owner of the slot machines on behalf of himself and the operators of the locations where such machines are situated. The licensee-owner shall pay the license fee required by NRS 463.370, which license fee shall be based upon his share of the entire gross revenue derived from all slot machines at locations for which the licensee-owner is licensed, and he shall also collect the location operators license fee from the location operator and pay the same to the commission if the gross revenue is shared with such location operator, but in computing the license fee payable by the licensee-operator pursuant to NRS 463.370 the gross revenue derived by the location operator shall not be combined with the gross revenue derived by the licensee-owner.
5. Any person failing to pay any state license fees due at the times hereinabove provided shall pay in addition to such license fees a penalty of not less than [$10 or 10 percent of the gross amount due, whichever is the greater, but in no case in excess of $500,] $25 or 25 percent of the gross amount due, whichever is the greater, but in no case in excess of $1,000, which penalty shall be collected as are other charges, licenses and penalties under this chapter.
6. Any person failing to pay any state license fees due at the times provided for in this section shall pay in addition thereto an interest assessment of 7 percent per annum on the gross amount due. Such assessment shall be in addition to any penalty or other charges and shall be collected as are other charges, licenses and penalties under this chapter.
7. Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which shall be attached to each state gaming license so renewed.
[7.] 8. Any person who shall operate, carry on, conduct or expose for play any gambling game, gaming device or slot machine after his license shall have become subject to renewal, and shall thereafter fail to apply for renewal as herein provided, shall be guilty of a misdemeanor; and, in addition to the penalties provided by law, shall be liable to the State of Nevada for all license fees and penalties which would have been due and payable upon application for renewal as herein provided.
Sec. 5. NRS 463.370 is hereby amended to read as follows:
463.370 1. Before issuing a state gambling license, the commission shall charge and collect from each applicant a license fee based upon all the gross revenue of such applicant as follows:
Three percent of all the gross revenue of such applicant which does not exceed $150,000 per quarter year; and also
Four percent of all the gross revenue of each applicant which exceeds $150,000 per quarter year and does not exceed $400,000 per quarter year; and also
Five percent of all the gross revenue of such applicant which exceeds $400,000 per quarter year and does not exceed $1,000,000 per quarter year; and also
Five and one-half percent of all the gross revenue of such applicant which exceeds $1,000,000 per quarter year.
κ1965 Statutes of Nevada, Page 1035 (CHAPTER 399, SB 231)κ
2. No state gambling license shall be issued to any applicant, except a provisional license as provided in this chapter, until the license fee has been paid in full.
3. Any person failing to pay the license fees provided for in this section on or before the 25th day of the month shall pay in addition to such license fee a penalty of not less than [$10 or 10 percent of the gross amount due, whichever is the greater, but in no case in excess of $500,] , $25 or 25 percent of the gross amount due, whichever is the greater, but in no case in excess of $1,000, which penalty shall be collected as other charges, licenses and penalties under this chapter.
4. Any person failing to pay the license fees provided for in this section on or before the 25th day of the month shall pay in addition thereto an interest assessment of 7 percent per annum on the gross amount due. Such assessment shall be in addition to any penalty or other charges and shall be collected as are other charges, licenses and penalties under this chapter.
Sec. 6. NRS 463.380 is hereby amended to read as follows:
463.380 1. In addition to the state gambling license fees provided for in NRS 463.370, the commission shall, prior to the 10th day of January of every year, before issuing a state gambling license, charge and collect in advance from each applicant a license fee to be determined on the following basis:
Those establishments operating or to operate one game, the sum of $100.
Those establishments operating or to operate two games, the sum of $200.
Those establishments operating or to operate three games, the sum of $400.
Those establishments operating or to operate four games, the sum of $750.
Those establishments operating or to operate five games, the sum of $1,750.
Those establishments operating or to operate six or seven games, the sum of $3,000.
Those establishments operating or to operate eight to ten games, inclusive, the sum of $6,000.
Those establishments operating or to operate eleven to sixteen games, the sum of $1,000 for each game so operating or to operate.
Those establishments operating or to operate more than sixteen games, the sum of $1,000 for each game to and including sixteen games and the sum of $200 for each game in excess of sixteen games so operating or to operate.
2. In computing the number of games operated or to be operated by an applicant under this section, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada, as authorized and provided for under NRS 465.010, shall be construed as and deemed a game within the meaning of this section.
3. All licenses shall be issued for the calendar year beginning January 1 and expiring December 31 and, regardless of the date of application or date of issuance of the license, the fees to be charged and collected under the provisions of this section shall be those fees herein fixed as annual license fees.
κ1965 Statutes of Nevada, Page 1036 (CHAPTER 399, SB 231)κ
collected under the provisions of this section shall be those fees herein fixed as annual license fees. If any licensee desires to enlarge his operations during the calendar year, he shall, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and shall be entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.
4. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines, when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.
5. All games operated or conducted in one room or a group of rooms in the same or contiguous building shall be construed as one operation hereunder and the license to be paid shall be determined on the aggregate number of games in each room or group of rooms in the same or contiguous building.
6. The license fees to be paid hereunder shall be designated as annual fees, regardless of the date of application or issuance of license.
7. Any person failing to pay the license fee provided for in this section when such license fee is due shall pay in addition to such license a penalty of not less than $25 or 25 percent of the gross amount due, whichever is the greater, but in no case in excess of $800, which penalty shall be collected as other charges, licenses and penalties under this chapter.
8. Any person failing to pay the license fee provided for in this section when due shall pay in addition thereto an interest assessment of 7 percent per annum on the gross amount due. Such assessment shall be in addition to any penalty or other charges and shall be collected as are other charges, licenses and penalties under this chapter.
Sec. 7. NRS 463.400 is hereby amended to read as follows:
463.400 Any person who willfully fails to report, pay or truthfully account for and pay over the license fees imposed by NRS 463.370 to 463.390, inclusive, or willfully attempts in any manner to evade or defeat any such tax or payment thereof, [shall, in addition to the amount due, be liable to a penalty of the amount of the license fee evaded or not paid, collected or paid over, which penalty shall be assessed and collected in the same manner as other charges, licenses and penalties under this chapter.] or any licensee who puts additional games or slot machines into play without authority of the commission to do so or any licensee who fails to remit any license fee provided for by this chapter when due shall in addition to the amount due be liable for a penalty of the amount of the license fee evaded or not paid, collected or paid over, which penalty shall be assessed and collected in the same manner as other charges, licenses and penalties under this chapter.
Sec. 8. Sections 1.5 and 4 of this act shall become effective at 12:05 a.m. of July 1, 1965. The remainder of this act shall become effective on July 1, 1965.
________
κ1965 Statutes of Nevada, Page 1037κ
Senate Bill No. 234Senator Monroe
CHAPTER 400
AN ACT authorizing the acquisition, operation and maintenance of drainage and flood control facilities by the City of Elko; providing for the issuance of bonds for the acquisition of such facilities by the City; providing limitations in connection with the issuance of and other details concerning such bonds, their redemption and taxes levied therefor; delineating powers, privileges, immunities, rights, liabilities, disabilities and duties in connection with the acquisition, operation and maintenance of said facilities; providing other details concerning said facilities, the bonds, and the taxes; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of supervisors of the city of Elko, in the County of Elko and State of Nevada (herein sometimes designated as the Board, the City, the County, and the State, respectively), upon behalf and in the name of the City, and in addition to the powers elsewhere conferred upon the City, is hereby authorized and empowered, subject to the provisions of section 2 of this act:
1. To lay out, establish, purchase, secure, install, construct, reconstruct, condemn, acquire by lease, option to purchase, installment purchase contract, other contract, transfer, assignment, endowment, devise, bequest, gift or grant from the United States of America or any agency, instrumentality or corporation thereof (herein sometimes designated as the Federal Government), from the State or any agency, instrumentality or corporation thereof, the County, any district, or any other political subdivision or body corporate and politic of the State (the State or any other such public agency or entity being herein sometimes designated as a Public Body), or from any human being, association, partnership, firm or corporation (herein sometimes designated as a Person), and otherwise acquire (or any combination thereof) any drainage and flood control facilities consisting of any natural and artificial water facilities for the collection, transportation, impoundment and disposal of rainfall, storm, flood or surface drainage waters, including without limitation ditches, lakes, reservoirs, revetments, levees, dikes, walls, embankments, bridges, sewers, culverts, inlets, connections, laterals, collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, transmission lines, conduits, syphons, sluices, flumes, canals, ditches, natural and artificial watercourses, ponds, dams, retarding basins, and other water diversion and storage facilities, pumping stations, stream gauges, rain gauges, meters, flood warning service and appurtenant telephone, telegraph, radio and television service, engines, valves, pumps, equipment, furnishings, apparatus, fixtures, structures and buildings (or any combination thereof), and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including without limitation all types of property therefor, subject to mortgages, deeds of trust, or other liens, or otherwise, real or personal, or both real and personal, including without limitation easements and other rights-of-way (herein sometimes designated as the Project and the Facilities, respectively); and
κ1965 Statutes of Nevada, Page 1038 (CHAPTER 400, SB 234)κ
otherwise, real or personal, or both real and personal, including without limitation easements and other rights-of-way (herein sometimes designated as the Project and the Facilities, respectively); and
2. To defray wholly or in part the cost of the Project by the issuance of the Citys negotiable, coupon, general obligation bonds (herein sometimes designated as the bonds), in the aggregate principal amount of not exceeding $300,000.00, or such lesser amount as the Board shall determine to be necessary or desirable therefor.
Sec. 2. 1. The Board shall issue a proclamation which shall set forth briefly the facilities proposed to be acquired; the estimated cost thereof as shown by the report provided by the Board and mayor, or an engineer or party theretofore appointed by the Board for that purpose; the proposed bonded indebtedness to be incurred therefore; and the terms, amount, maximum rate of interest, and time within which redeemable.
2. Such proclamation shall be published in full at least once a week for four successive weeks in some newspaper of general circulation published in the City, and shall state the date of the meeting at which the Board will consider for passage an ordinance providing for the bond issue.
3. At the first meeting of the Board, or any adjournment thereof, after the completion of said publication, the Board shall proceed to enact an ordinance for such purpose, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of the City, except as otherwise provided in subsection 4 of this section
4. If a petition shall be presented to the Board signed by not less than 5 percent of the qualified electors of the City as shown by the last preceding registration list and representing not less than 2 percent of the taxable property of the City as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said 2 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. The petition for an election herein referred to may be filed with the Board at any time prior to the date of meeting set in the published notice.
5. Any ordinance thus passed providing for the issuance of bonds shall be valid (a) if passed by the Board in the absence of the filing of a petition and election, or (b) if such petition be filed and election had, then if passed by the Board pursuant to a majority vote in favor of the ordinance.
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 City 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.
κ1965 Statutes of Nevada, Page 1039 (CHAPTER 400, SB 234)κ
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.
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.
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 City from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, 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 ordinance election, 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, the acquisition of properties by condemnation, or otherwise, 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 City to defray temporarily all or any part of the Project.
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, 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 City, the Board, or any of the officers, agents and employees of the City.
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 ordinance of the City, subject to the provisions of section 2 of this act.
Sec. 5. Any ordinance 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.
κ1965 Statutes of Nevada, Page 1040 (CHAPTER 400, SB 234)κ
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, in not exceeding 30 years from the date of the bonds, and commencing not later than 3 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 ordinance 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 ordinance.
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 ordinance or ordinances 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.
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.
κ1965 Statutes of Nevada, Page 1041 (CHAPTER 400, SB 234)κ
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 City may authenticate and deliver 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 an substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:
(1) Upon filing with the City 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 City 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 City may incur in connection therewith.
9. The City 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 City, signed by the mayor of the City, countersigned by the city treasurer, with the seal of the City affixed thereto, and attested by the city clerk.
11. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the city treasurer.
κ1965 Statutes of Nevada, Page 1042 (CHAPTER 400, SB 234)κ
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 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.
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.
Sec. 7. Bonds issued hereunder shall be a debt of the City, and the City shall thereby pledge its full faith and credit for their payment.
Sec. 8. 1. The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all of the taxable property of the City, including the net proceeds of mines.
2. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the City, without limitation as to rate or amount (except for the designated constitutional limitation) and without regard to any statutory limitation now or hereafter existing.
3. It shall be the duty of the Board, of the board of county commissioners of the County, and of any other body as may be charged with the duty of levying taxes in the City, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.
4. In case the moneys produced from such levies, together with any other revenues of the City available therefor, are not sufficient to pay the principal of and interest on the bonds as the same become due, and to pay any defaults and deficiencies, the Board shall make such additional levies of taxes as may be necessary for such purposes, and notwithstanding any limitations, such taxes shall be made and continue to be levied until the bonds (as well as any other bonded debt of the City) are fully paid.
5. 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.
6. The City may pay the principal of and interest on any bonds from any available revenues, and the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.
κ1965 Statutes of Nevada, Page 1043 (CHAPTER 400, SB 234)κ
valorem) taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.
Sec. 9. 1. Before the Board shall cause to be delivered bonds hereunder, all such bonds shall be registered by the city 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 city treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the City, upon payment being made therefor on the terms of the sale or sales.
Sec. 10. Whenever the city 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 city clerk, taking his receipt therefor, which receipt shall subsequently be filed with his records. The city clerk shall credit the city treasurer on his books for the amount so paid.
Sec. 11. 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. 12. 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. 13. It shall be legal for the State and any of its agencies, departments, instrumentalities, corporation, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other Person carrying on a banking or investment business, any insurance company, insurance association, or any other Person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any other Public Body, any corporation or other Person of any duty of exercising reasonable care in selecting securities.
Sec. 14. 1. Subject to any contractual provisions between the City and the Federal Government, the City is authorized and empowered:
(a) To operate and maintain the Facilities upon the completion of the Project;
(b) To extend, better, alter, reconstruct, repair and otherwise improve the Facilities;
(c) To equip and re-equip the Facilities;
κ1965 Statutes of Nevada, Page 1044 (CHAPTER 400, SB 234)κ
(d) To sell, lease, exchange, transfer, assign or otherwise dispose of property appertaining to the Facilities which no longer is necessary or desirable for use in connection therewith;
(e) 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 Facilities, and to assign, reassign and transfer any personnel of the City for the performance of duties in connection with the Facilities;
(f) To make available for temporary use or otherwise dispose of any machinery, equipment, facilities and other property for the Facilities;
(g) To insure or provide for public liability insurance, workmens compensation insurance, fire and extended coverage insurance, other property damage insurance and other insurance for the Facilities, or any part thereof, any activity in connection therewith, and the Citys officers, employees and other agents, against such risks and hazards as either or both the City and the Federal Government may deem advisable, without any waiver of any immunity of the City or any officer, employee or other agent thereof, and otherwise existing under the laws of the State;
(h) To receive, control, invest and order the expenditure of any and all moneys and funds pertaining to the Facilities;
(i) To deposit any moneys of the City appertaining to the Facilities 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 city treasury, including such money in any sinking fund established for the purpose of retiring any securities of the City, not required for the immediate necessities of the City, and appertaining to the Facilities, in its own securities or in treasury notes, bills, certificates of indebtedness, bonds, or similar securities of the Federal Government, or unconditionally guaranteed thereby, or of the State, and such investment may be made by direct purchase of any issue of such securities, or part thereof, at the original sale of the same, or by the subsequent purchase of such securities. Any such securities thus purchased and held may, from time to time, be sold and the proceeds reinvested in other such securities, as provided in this paragraph. Sales of any such securities thus purchased and held shall, from time to time, me made in season so that the proceeds may be applied to the purposes for which the money with which the securities were originally purchased was placed in the treasury of the City;
(j) To accept contributions or loans from the Federal Government for the purpose of financing the planning, construction, maintenance and operation of the Facilities, or any part thereof, and to enter into contracts and cooperate with, and accept cooperation from the Federal Government in the planning, construction, maintenance and operation, and in financing the planning, construction, maintenance and operation of the Facilities, or any part thereof, in accordance with any legislation which congress may have heretofore adopted or may hereafter adopt, under which aid, assistance and cooperation may be furnished by the Federal Government in the planning, construction, maintenance and operation or in financing the planning, construction, maintenance and operation of any such enterprise, including, without limiting the generality of the foregoing costs of engineering, architectural, and economical investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of the Facilities, or any part thereof, and to do any and all things necessary in order to avail itself of such aid, assistance and cooperation under any federal legislation now or hereafter enacted;
κ1965 Statutes of Nevada, Page 1045 (CHAPTER 400, SB 234)κ
and operation or in financing the planning, construction, maintenance and operation of any such enterprise, including, without limiting the generality of the foregoing costs of engineering, architectural, and economical investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of the Facilities, or any part thereof, and to do any and all things necessary in order to avail itself of such aid, assistance and cooperation under any federal legislation now or hereafter enacted;
(k) To enter upon any land, to make surveys, borings, soundings and examinations for the purposes of the City, in order to locate the necessary works of any of the Facilities and any roadways and other rights-of-way appertaining to any of the Facilities authorized in this act; to acquire all property necessary for the acquisition or improvement of said works, and all necessary appurtenances;
(l) To carry on technical and other investigations of all kinds, make measurements, collect data, and make analyses, studies, and inspections pertaining to water supply, water rights, control of floods and use of water, and water facilities, both within and without the City;
(m) To establish and maintain Facilities within or without the City, across or along any public street, highway, bridge, viaduct, or other public right-of-way, or in, upon, under or over any vacant public lands, which public lands are now, or may become, the property of the State, or across any stream of water or water coarse, without first obtaining a franchise from the municipality, County or other Public Body having jurisdiction over the same, provided, that the City shall cooperate with any Public Body having such jurisdiction, shall promptly restore any such street, highway, bridge, viaduct, or other public right-of-way to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof;
(n) To make and keep records in connection with the Facilities;
(o) To arbitrate any differences arising in connection with the Facilities;
(p) 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 Facilities;
(q) To use for or in connection with the Facilities moneys, land and other real and personal property legally available therefor of the City not originally acquired therefor;
(r) To levy and collect from year to year for use for or in connection with the Facilities general (ad valorem) property taxes in the manner provided by law, including but not necessarily limited to the payment of indebtedness incurred therefor;
(s) To budget and appropriate, and the City is hereby required and directed to budget and appropriate, from time to time, general (ad valorem) tax proceeds and other revenues legally available therefor to pay all obligations arising from the exercise of any powers herein granted as such obligations shall accrue and become due;
κ1965 Statutes of Nevada, Page 1046 (CHAPTER 400, SB 234)κ
(t) To make contracts and execute all instruments necessary or convenient; including but not limited to contracts with the Federal Government, the State, and any other Public Body;
(u) To acquire any construction work, improvement or improvements of any nature in connection with the Facilities in the manner provided by law;
(v) To refund any bonds without any election pursuant to NRS 350.241 to 350.247, inclusive, as from time to time amended;
(w) To prescribe and enforce reasonable rules and regulations appertaining to the Facilities;
(x) To continue any agreement herein authorized for a definite term not exceeding 50 years, or until rescinded or terminated, which agreement may provide for the method by which it may be rescinded or terminated by any party;
(y) To exercise all or any part or combination of the powers herein granted; and
(z) 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.
2. The City may from time to time enter into agreements, short-term and long-term, and not exceeding 100 years, concerning the Facilities, including but not necessarily limited to agreements concerning any power granted by this act, the exercise of such powers, and conditions and limitations thereupon, and including by way of example and not by limitation, a contract allocating a portion of the Facilities to the exclusive use and control of the Federal Government or any other party thereto, a contract concerning the construction and equipment of the Facilities, the plans and specifications therefor, and the work and materials incidental thereto, including the acquisition or improvement of any site therefor, or both, a contract for the ownership, care, custody, control, improvement, operation and maintenance of the Facilities after their acquisition and for defraying expenses incurred therefor, a contract concerning the appointment of personnel therefor or providing for rules appertaining thereto, a contract between the Federal Government and the City for the joint acquisition of the Facilities, the method of effecting such acquisition, and delineating the manner in which any real property, equipment, other personal property shall be disposed of during or at the end of any contract term in the absence of subsequent agreement thereabout, a contract concerning the maintenance of records of and for the Facilities, the termination of the joint operation and maintenance of the Facilities, and other legal, financial and administrative arrangements to the effect the joint acquisition, operation and maintenance of the Facilities and their disposal in an orderly and equitable manner.
Sec. 15. All of the powers, privileges, immunities and rights, exemptions from laws, ordinances and rules, all pension, relief, disability, workmens compensation and other benefits which apply to the activity of officers, agents or employees of the City when performing their respective functions within the territorial limits of the City shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties, extraterritorially or otherwise, pursuant to any contract made hereunder or otherwise, in connection the Facilities and any activity appertaining thereto.
κ1965 Statutes of Nevada, Page 1047 (CHAPTER 400, SB 234)κ
workmens compensation and other benefits which apply to the activity of officers, agents or employees of the City when performing their respective functions within the territorial limits of the City shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties, extraterritorially or otherwise, pursuant to any contract made hereunder or otherwise, in connection the Facilities and any activity appertaining thereto.
Sec. 16. The exercise of any power herein authorized by the Board upon behalf of the City has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall affect a public purpose.
Sec. 17. This act being necessary to secure and preserve the public health, safety, convenience and welfare, shall be liberally construed to effect its purpose.
Sec. 18. 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 City acting by and through the Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.
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 City, acting by and trough the Board, or any officer, agent or employee thereof, by any other law.
6. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 19. 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. 20. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1048κ
Senate Bill No. 235Senator Monroe
CHAPTER 401
AN ACT authorizing the acquisition, operation and maintenance of a municipal building by the city of Elko; providing for the issuance of bonds for the purchase, construction and other acquisition of a municipal building, furnishings and equipment, and a site therefor, by the city; providing limitations in connection with the issuance of and other details concerning such bonds, their redemption and taxes levied therefor; delineating powers, privileges, immunities, rights, liabilities, disabilities and duties in connection with the acquisition, operation and maintenance of said properties; providing other details concerning said properties, the bonds and the taxes; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of supervisors of the city of Elko, in the County of Elko and State of Nevada (herein sometimes designated as the Board, the City, the County and the State, respectively), upon behalf and in the name of the City, and in addition to the powers elsewhere conferred upon the City, is hereby authorized and empowered, subject to the provisions of section 2 of this act:
1. To lay out, establish, purchase, secure, install, construct, reconstruct, condemn, acquire by lease, option to purchase, installment purchase contract, other contract, transfer, assignment, endowment, devise, bequest, gift or grant from the United States of America or any agency, instrumentality or corporation thereof, from the State or any agency, instrumentality or corporation thereof, the County, or any other political subdivision or body corporate and politic of the State (the State or any other such public agency or entity being herein sometimes designated as a Public Body), or from any human being, association, partnership, firm or corporation (herein sometimes designated as a Person), and otherwise acquire (or any combination thereof) a municipal building to accommodate and house lawful city activities, including without limitation courts, records, city personnel, administrative offices, chambers for the Board, welfare facilities, detention and jail facilities, library facilities, and supplies and equipment, structures, fixtures, apparatus, furniture, furnishings, equipment, and a site therefor (or any combination thereof), and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including without limitation all types of property therefor, real or personal, or both real and personal (herein sometimes designated as the Project and the properties, respectively); and
2. To defray wholly or in part the cost of the Project by the issuance of the Citys negotiable, coupon, general obligation bonds (herein sometimes designated as the bonds), in the aggregate principal amount of not exceeding $175,000.00, or such lesser amount as the Board shall determine to be necessary or desirable therefor.
Sec. 2. 1. The Board shall issue a proclamation which shall set forth briefly the properties proposed to be acquired; the estimated cost thereof as shown by the report provided by the Board and mayor, or an engineer or party theretofore appointed by the Board for that purpose; the proposed bonded indebtedness to be incurred therefor; and the terms, amount, maximum rate of interest, and time within which redeemable.
κ1965 Statutes of Nevada, Page 1049 (CHAPTER 401, SB 235)κ
an engineer or party theretofore appointed by the Board for that purpose; the proposed bonded indebtedness to be incurred therefor; and the terms, amount, maximum rate of interest, and time within which redeemable.
2. Such proclamation shall be published in full at least once a week for four successive weeks in some newspaper of general circulation published in the City, and shall state the date of the meeting at which the Board will consider for passage an ordinance providing for the bond issue.
3. At the first regular meeting of the Board, or any adjournment thereof, after the completion of said publication, the Board shall proceed to enact an ordinance for such purpose, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of the City, except as otherwise provided in subsection 4 of this section.
4. If a petition shall be presented to the Board signed by not less than 5 percent of the qualified electors of the City as shown by the last preceding registration list and representing not less than 2 percent of the taxable property of the City as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said 2 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. The petition for an election herein referred to may be filed with the Board at any time prior to the date of meeting set in the published notice.
5. Any ordinance thus passed providing for the issuance of bonds shall be valid (a) if passed by the Board in the absence of the filing of a petition and election, or (b) if such petition be filed and election had, then if passed by the Board pursuant to a majority vote in favor of said ordinance.
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 City 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.
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.
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.
κ1965 Statutes of Nevada, Page 1050 (CHAPTER 401, SB 235)κ
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 City from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, 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 ordinance election, 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, the acquisition of properties by condemnation, or otherwise, 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 City to defray temporarily all or any part of the Project.
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 sued therefor, 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 City, the Board, or any of the officers, agents and employees of the City.
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 ordinance of the City, subject to the provisions of section 2 of this act.
Sec. 5. Any ordinance 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, in not exceeding 30 years from the date of the bonds, and commencing not later than 3 years therefrom, in equal amounts of principal, upon an amortization plan, or in any other manner the Board may determine;
κ1965 Statutes of Nevada, Page 1051 (CHAPTER 401, SB 235)κ
(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 ordinance 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 ordinance.
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 ordinance or ordinances 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.
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
κ1965 Statutes of Nevada, Page 1052 (CHAPTER 401, SB 235)κ
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 City may authenticate and deliver 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 City 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 City 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 City may incur in connection therewith.
9. The City 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 City, signed by the mayor of the City, countersigned by the city treasurer, with the seal of the City affixed thereto, and attested by the city clerk.
11. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the city 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 City, notwithstanding that before the delivery thereof and payment therefor, and 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.
κ1965 Statutes of Nevada, Page 1053 (CHAPTER 401, SB 235)κ
signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons.
Sec. 7. Bonds issued hereunder shall be a debt of the City, and the City shall thereby pledge its full faith and credit for their payment.
Sec. 8. 1. The bonds authorized to be issued under the provisons hereof shall be payable from general (ad valorem) taxes levied against all of the taxable property of the City, including the net proceeds of mines.
2. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the City, without limitation as to rate or amount (except for the designated constitutional limitation) and without regard to any statutory limitation now or hereafter existing.
3. It shall be the duty of the Board, of the board of county commissioners of the County, and of any other body as may be charged with the duty of levying taxes in the City, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.
4. In case the moneys produced from such levies, together with any other revenues of the City available therefor, are not sufficient to pay the principal of and interest on the bonds as the same become due, and to pay any defaults and deficiencies, the Board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the bonds (as well as any other bonded debt of the City) are fully paid.
5. 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.
6. The City may pay the principal of and interest on any bonds from any available revenues, and the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.
Sec. 9. 1. Before the Board shall cause to be delivered bonds hereunder, all such bonds shall be registered by the city 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 city treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the City, upon payment being made therefor on the terms of the sale or sales.
Sec. 10. Whenever the city 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 city clerk, taking his receipt therefor, which receipt shall subsequently be filed with his records.
κ1965 Statutes of Nevada, Page 1054 (CHAPTER 401, SB 235)κ
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 city clerk, taking his receipt therefor, which receipt shall subsequently be filed with his records. The city clerk shall credit the city treasurer on his books for the amount so paid.
Sec. 11. 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. 12. 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. 13. It shall be legal for the State and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other Person carrying on a banking or investment business, any insurance company, insurance association, or any other Person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any other Public Body, any corporation or other Person of any duty of exercising reasonable care in selecting securities.
Sec. 14. The City is authorized and empowered:
1. To operate and maintain the Properties upon the completion of the Project;
2. To extend, better, alter, reconstruct, repair and otherwise improve the Properties;
3. To equip and re-equip the municipal building;
4. To sell, lease, exchange, transfer, assign or otherwise dispose of property appertaining to the municipal building which no longer is necessary or desirable for use in connection therewith;
5. To insure or provide for public liability insurance, workmens compensation insurance, fire and extended coverage insurance, other property damage insurance and other insurance for the Properties, or any part thereof, any activity in connection therewith, and the Citys officers, employees and other agents, against such risks and hazards as the City may deem advisable, without any waiver of any immunity of the City or any officer, employee or other agent thereof, and otherwise existing under the laws of the State;
6. To receive, control, invest and order the expenditure of any and all moneys and funds pertaining to the Properties;
7. 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 Properties, and to assign, reassign, and transfer any personnel of the City for the performance of duties in connection with the Properties;
κ1965 Statutes of Nevada, Page 1055 (CHAPTER 401, SB 235)κ
transfer any personnel of the City for the performance of duties in connection with the Properties;
8. To make available for temporary use or otherwise dispose of any machinery, equipment, facilities and other property for the Properties;
9. To make and keep records in connection with the Properties;
10. To arbitrate any differences arising in connection with the Properties;
11. 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 Properties;
12. To use for or in connection with the Properties moneys, land and other real and personal property legally available therefor of the City, not originally acquired therefor;
13. To levy and collect from year to year for use for or in connection with the Properties general (ad valorem) property taxes in the manner provided by law, including but not necessarily limited to the payment of indebtedness incurred therefor;
14. To budget and appropriate, and the City is hereby required and directed to budget and appropriate, from time to time, general (ad valorem) tax proceeds and other revenues legally available therefor to pay all obligations arising from the exercise of any powers herein granted as such obligations shall accrue and become due;
15. To acquire any construction work, improvement or improvements of any nature in connection with the Properties in the manner provided by law;
16. To refund any bonds without any election pursuant to NRS 350.241 to 350.247, inclusive, as from time to time amended;
17. To prescribe and enforce reasonable rules and regulations appertaining to the Properties;
18. To exercise all or any part or combination of the powers herein granted; and
19. 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. 15. The exercise of any power herein authorized by the Board upon behalf of the City has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.
Sec. 16. This act being necessary to secure and preserve the public health, safety, convenience, and welfare, shall be liberally construed to effect its purpose.
Sec. 17. 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.
κ1965 Statutes of Nevada, Page 1056 (CHAPTER 401, SB 235)κ
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 City acting by and through the Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.
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 City, acting by and through the Board, or any officer, agent or employee thereof, by any other law.
6. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 18. 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. 19. This act shall become effective upon passage and approval.
________
Senate Bill No. 239Committee on Banks, Banking and Corporations
CHAPTER 402
AN ACT to amend chapter 685 of NRS, relating to insurance adjusters, by providing for a temporary licensee to carry on an independent adjusters business in case of death or disability.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 685 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In the event of the death or inability to act further of a licensed independent adjuster, the commissioner may issue a temporary license to another person enabling such person to manage such independent adjusters office. Such temporary license shall continue only until the licensee can qualify under the provisions of NRS 685.010 to 685.200, inclusive, and shall not be valid for more than 6 months except, at the discretion of the commissioner, when the temporary licensee is acting as an administrator, executor or otherwise endeavoring to settle an estate.
κ1965 Statutes of Nevada, Page 1057 (CHAPTER 402, SB 239)κ
discretion of the commissioner, when the temporary licensee is acting as an administrator, executor or otherwise endeavoring to settle an estate.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 255Committee on Aviation, Transportation and Highways
CHAPTER 403
AN ACT to amend NRS section 484.030, relating to accident reports, by requiring reports of any vehicular accidents; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.030 is hereby amended to read as follows:
484.030 The sheriff, the Nevada highway patrol or the duly authorized police authority or chief of police shall, upon receiving [a] any report of [any] a vehicular accident or collision [which results in] causing bodily injury to any person or property damage [in excess of $100, forthwith] , prepare a copy of the official report [and] thereof, including a statement of the investigation made, and forthwith file the same with the drivers license division of the department of motor vehicles. Copies of supplemental reports, if any, shall also be filed in like manner.
________
Senate Bill No. 265Senator Slattery
CHAPTER 404
AN ACT directing the Virginia City restoration commission to continue its studies and investigations concerning the problems of restoring Virginia City and to report its findings to the 54th session of the legislature of the State of Nevada.
[Approved April 13, 1965]
Whereas, Pursuant to to the provisions of chapter 175, Statutes of Nevada 1963, the Virginia City restoration commission was created and charged with a study and investigation of the problems of restoring the Virginia City of the mid-nineteenth century, the financing of such a project, and other appropriate matters pertaining thereto; and
Whereas, The Virginia City restoration commission has filed a report of its findings with the 53rd session of the Nevada legislature as required by law; and
Whereas, Additional study and investigation by such commission is proper and necessary; now, therefore, The People of the State of Nevada, represented in Senate and Assembly,
κ1965 Statutes of Nevada, Page 1058 (CHAPTER 404, SB 265)κ
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The Virginia City restoration commission created pursuant to the provisions of chapter 175, Statutes of Nevada 1963, is hereby directed to continue its study and investigation of the problems of restoring the Virginia City of the mid-nineteenth century, the financing of such a project, and other appropriate matters pertaining thereto, and shall report its additional findings and recommendations to the 54th session of the legislature of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 267Senator Dial
CHAPTER 405
AN ACT to amend chapter 82 of NRS, relating to specific fraternal orders, churches and other organizations, by adding a new section incorporating the Grand Chapter and the subordinate chapters of the Order of the Eastern Star of the State of Nevada; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 82 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The Grand Chapter of the Order of the Eastern Star of the State of Nevada, and its subordinate chapters, shall be deemed bodies corporate and politic, the grand chapter from the date of its organization, and the chapters subordinate thereto from the date of their charters from the grand chapter.
2. All the provisions contained in NRS 82.010 to 82.060, inclusive, are made applicable to the incorporation of the Grand Chapter of the Order of the Eastern Star of the State of Nevada and its subordinate chapters.
3. In addition to the powers herein conferred, the Grand Chapter of the Order of the Eastern Star of the State of Nevada and its subordinate chapters have the power to establish and maintain homes for the aged and designate the managing trustees thereof.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1059κ
Senate Bill No. 269Committee on Aviation, Transportation and Highways
CHAPTER 406
AN ACT relating to boating and outdoor recreational facilities associated with boating; to amend NRS sections 488.035, 488.045, 488.055, 488.095, 488.105, 488.115, 488.135, 488.145, 488.155, 488.175, 488.197, 488.215, 488.225, 488.235, 488.247, 488.275, 488.305, 488.345 and 488.355, being a portion of the Nevada Boat Act, and NRS section 481.023, by transferring the administration and enforcement of the Nevada Boat Act from the department of motor vehicles to the state board of fish and game commissioners; to amend NRS sections 488.075 and 488.125, by reducing the amount required for licensing watercraft and providing for annual renewals of certificates of number; to amend NRS section 488.185, relating to classification and equipment of motorboats, by requiring that class A motorboats exhibit certain lights during periods of 1 hour after sunset and 1 hour before sunrise when operated in navigable United States waters; to amend chapter 365 of NRS, relating to motor vehicle fuel taxes, by adding a new section providing for the application of certain moneys derived from motor vehicle fuel taxes to the administration and enforcement of the Nevada Boat Act and for the improvement of boating facilities and other outdoor recreational facilities associated with boating; to amend NRS section 365.540, relating to the distribution and use of motor vehicle fuel tax proceeds; to amend chapter 501 of NRS, relating to the application, administration and enforcement of fish and game laws, by adding a new section empowering the state board of fish and game commissioners to promulgate and enforce regulations governing the use of waters for recreational purposes and to enter into cooperative agreements for the use of public waters for recreational purposes; to amend NRS section 501.255, relating to the fish and game fund, by providing for the deposit and use of moneys received by the state board of fish and game commissioners for the administration and enforcement of the Nevada Boat Act; to amend chapter 407 of NRS, relating to the state park system, by adding a new section authorizing the state park system to execute agreements for the development, improvement and maintenance of boating and outdoor recreational facilities associated with boating; abolishing the boat licensing fund in the state treasury and requiring the transfer of any balance therein to the credit of the division of state parks of the state department of conservation and natural resources for specific uses; transferring all records and equipment held and used by the department of motor vehicles for the administration and enforcement of the Nevada Boat Act to the state board of fish and game commissioners; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 481.023 is hereby amended to read as follows:
481.023 [1. After July 1, 1957, except] Except as otherwise provided therein, the department of motor vehicles shall execute, administer and enforce, and perform the functions and duties provided in:
[(a)] 1. Title 43 of NRS relating to vehicles. [and watercraft.
(b)] 2. Chapter 706 of NRS relating to licensing of motor vehicle carriers and the use of public highways by such carriers.
[2. After July 1, 1959, except as otherwise provided therein, the department of motor vehicles shall execute, administer and enforce, and perform the functions and duties provided in chapter]
3. Chapter 366 of NRS relating to imposition and collection of taxes on special fuels used for motor vehicles.
κ1965 Statutes of Nevada, Page 1060 (CHAPTER 406, SB 269)κ
Sec. 2. Chapter 501 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. On and after July 1, 1965, the commission shall execute, administer and enforce and perform the functions and duties provided in chapter 488 of NRS (Nevada Boat Act).
2. The commission has the power and authority to:
(a) Promulgate and enforce rules and regulations governing the use of waters for recreational purposes, which waters are open to the public and are not under the direct control of any other state or federal agency for recreational use.
(b) Enter into cooperative agreements with federal, state and county agencies having regulatory powers pertaining to the use of public waters for recreational purposes for the purpose of coordinating such rules and regulations.
Sec. 3. NRS 488.035 is hereby amended to read as follows:
488.035 As used in this chapter, unless the context otherwise requires:
1. [Department means the department of motor vehicles.] Commission means the state board of fish and game commissioners.
2. Legal owner means a person holding the legal title to a vessel under a conditional sale contract, a mortgagee of a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease, lease-sale or rental-purchase agreement which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
3. Motorboat means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.
4. Operate means to navigate or otherwise use a motorboat or a vessel.
5. Owner means:
(a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not such person lends, rents or pledges such vessel;
(b) A person entitled to the possession of a vessel as the purchaser under a conditional sale contract; and
(c) A mortgagor of a vessel.
Owner does not include a person holding legal title to a vessel under a conditional sale contract, a mortgagee of a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease, lease-sale or rental-purchase agreement which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
6. Person means an individual, partnership, firm, corporation, association or other entity.
7. Registered owner means the person registered by the [department] commission as the owner of a vessel.
8. Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
κ1965 Statutes of Nevada, Page 1061 (CHAPTER 406, SB 269)κ
seaplane on the water, used or capable of being used as a means of transportation on water.
9. Waters of this state means any waters within the territorial limits of this state.
Sec. 4. NRS 488.045 is hereby amended to read as follows:
488.045 The [department] commission may carry out the provisions of this chapter by appropriate regulations.
Sec. 5. NRS 488.055 is hereby amended to read as follows:
488.055 A copy of the regulations adopted pursuant to the provisions of this chapter, and any amendments thereto, shall be filed in the office of the [department.] commission. Rules and regulations shall be published by the [department] commission in a convenient form.
Sec. 6. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each motorboat requiring numbering by this state shall file an application for number with the [department] commission on forms approved by it accompanied by such evidence of ownership as the [department] commission may require.
2. The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of [$5.] $3. All fees received [under the provisions of this chapter for original and renewal registration and for transfer of registration shall be deposited in the state treasury to the credit of the boat licensing fund which is hereby created. All expenses incurred in the administration of the licensing provisions of this chapter shall be paid, to the extent authorized by the legislature, from the boat licensing fund. The boat licensing fund shall be a continuing fund and no moneys in such fund shall revert to the general fund in the state treasury at any time. Upon receipt of the application in approved form, the department shall:] by the commission under the provisions of this chapter shall be deposited in the fish and game fund and shall be expended only for the administration and enforcement of the provisions of this chapter. Upon receipt of the application in approved form, the commissioner shall:
(a) Enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat and the name and address of the owner and legal owner.
(b) Immediately give written notice to the county assessor of the county wherein such motorboat is situated, which notice shall contain the name and address of the owner and identifying information concerning such motorboat.
3. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by rules and regulations of the [department] commission in order that it may be clearly visible. The number shall be maintained in legible condition. If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the regulations of the [department] commission as to size, color and type of number shall be in conformity therewith.
4. The certificate of number shall be pocket size and shall be available at all times for inspection on the motorboat for which issued, whenever such motorboat is in operation.
κ1965 Statutes of Nevada, Page 1062 (CHAPTER 406, SB 269)κ
5. The [department] commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by such manufacturers and dealers in connection with the demonstration, sale or exchange of such motorboats. The fee for each such number shall be [$5.] $3.
Sec. 7. NRS 488.095 is hereby amended to read as follows:
488.095 1. Should the ownership of a motorboat change, a new application form with fee shall be filed with the [department] commission and a new certificate of number shall be awarded in the same manner as provided for in an original award of number.
2. A person may transfer a registration from a motorboat of which he disposes to another motorboat upon application to the [department] commission and payment of a transfer fee of $2.
Sec. 8. NRS 488.105 is hereby amended to read as follows:
488.105 If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the numbering system employed pursuant to the provisions of this chapter by the [department] commission shall be in conformity therewith.
Sec. 9. NRS 488.115 is hereby amended to read as follows:
488.115 1. The [department] commission may award any certificate of number directly or may authorize any person to act as agent for the awarding thereof. If a person accepts such authorization, he may be assigned a block of numbers and certificates therefor which upon award, in conformity with the provisions of this chapter and with any rules and regulations of the [department,] commission, shall be valid as if awarded directly by the [department.] commission.
2. All records of the [department] commission made or kept pursuant to this section are public records.
Sec. 10. NRS 488.125 is hereby amended to read as follows:
488.125 1. Every certificate of number awarded pursuant to the provisions of this chapter shall continue in full force and effect for a period of [3 years] 1 year unless sooner terminated or discontinued in accordance with the provisions of this chapter.
2. Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of the same.
Sec. 11. NRS 488.135 is hereby amended to read as follows:
488.135 The [department] commission shall fix a day and month of the year on which certificates of number due to expire during the calendar year shall lapse and no longer be of any force and effect unless renewed pursuant to the provisions of this chapter.
Sec. 12. NRS 488.145 is hereby amended to read as follows:
488.145 1. The owner shall furnish the [department] commission notice of the transfer of all or any part of his interest other than the creation of a security interest in a motorboat numbered in this state pursuant to NRS 488.075 and 488.085 or of the destruction or abandonment of such motorboat, within 15 days thereof.
2. Such transfer, destruction or abandonment shall terminate the certificate of number for such motorboat, but if a transfer of a part interest does not affect the owners right to operate such motorboat, such transfer shall not terminate the certificate of number.
κ1965 Statutes of Nevada, Page 1063 (CHAPTER 406, SB 269)κ
interest does not affect the owners right to operate such motorboat, such transfer shall not terminate the certificate of number.
Sec. 13. NRS 488.155 is hereby amended to read as follows:
488.155 1. Any holder of a certificate of number shall notify the [department] commission within 15 days, if his address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the [department] commission with his new address. The [department] commission shall give written notice of such new address to the appropriate county assessor.
2. The [department] commission may provide in its rules and regulations for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or for the alteration of an outstanding certificate to show the new address of the holder.
Sec. 14. NRS 488.175 is hereby amended to read as follows:
488.175 1. Except as provided in subsection 2, a motorboat need not be numbered pursuant to the provisions of this chapter if it is:
(a) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state, if such boat has not been within this state for a period in excess of 90 consecutive days.
(b) A motorboat from a country other than the United States temporarily using the waters of this state.
(c) A public vessel of the United States, a state or a political subdivision of a state.
(d) A ships lifeboat.
(e) A motorboat belonging to a class of boats which has been exempted from numbering by the [department] commission after it has found that the numbering of motorboats of such class will not materially aid in their identification; and, if an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the [department] commission has further found that the motorboat would also be exempt from numbering if it were subject to the federal law.
2. The [department] commission may issue exempt numbers for motorboats not required to be registered under the provisions of this chapter.
Sec. 15. NRS 488.185 is hereby amended to read as follows:
488.185 1. Motorboats subject to the provisions of this chapter shall be divided into four classes as follows:
Class A. Less than 16 feet in length.
Class 1. Sixteen feet or over and less than 26 feet in length.
Class 2. Twenty-six feet or over and less than 40 feet in length.
Class 3. Forty feet or over.
2. Except as otherwise provided in subsection 14, every motorboat in all weathers from sunset to sunrise shall carry and exhibit the following lights when underway, and during such time no other lights which may be mistaken for those prescribed shall be exhibited:
(a) Every motorboat of classes A and 1 shall carry the following lights:
κ1965 Statutes of Nevada, Page 1064 (CHAPTER 406, SB 269)κ
(1) A bright white light aft to show all around the horizon.
(2) A combined lantern in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam on their respective sides.
(b) Every motorboat of classes 2 and 3 shall carry the following lights:
(1) A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel; namely, from right ahead to 2 points abaft the beam on either side.
(2) A bright white light aft to show all around the horizon and higher than the white light forward.
(3) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side. The side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.
(c) Motorboats of classes A and 1 when propelled by sail alone shall carry the combined lantern, but not the white light aft, prescribed by this section. Motorboats of classes 2 and 3, when so propelled, shall carry the colored side lights, suitably screened, but not the white lights prescribed by this section. Motorboats of all classes, when so propelled, shall carry, ready at hand, a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.
(d) Every white light prescribed by this section shall be of such character as to be visible at a distance of a least 2 miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least 1 mile. The word visible in this subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere.
(e) When propelled by sail and machinery any motorboat shall carry the lights required by this section for a motorboat propelled by machinery only.
3. Any vessel may carry and exhibit the lights required by the Federal Regulations for Preventing Collisions at Sea, 1948, Federal Act of October 11, 1951 (33 U.S.C. §§ 143-147d), as amended, in lieu of the lights required by subsection 2 of this section.
4. Every motorboat of class 1, 2 or 3 shall be provided with an efficient whistle or other sound-producing mechanical appliance.
5. Every motorboat of class 2 or 3 shall be provided with an efficient bell.
6. Every motorboat shall carry at least one life preserver, or lifebelt, or ring buoy, or other device of the sort prescribed by the regulations of the [department] commission for each person on board, so placed as to be readily accessible.
κ1965 Statutes of Nevada, Page 1065 (CHAPTER 406, SB 269)κ
placed as to be readily accessible. But every motorboat carrying passengers for hire shall carry so placed as to be readily accessible at least one life preserver of the sort prescribed by the regulations of the [department] commission for each person on board.
7. Every motorboat shall be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the [department,] commission, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.
8. The provisions of subsections 4, 5 and 7 of this section shall not apply to motorboats while competing in any race conducted pursuant to NRS 488.305 or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.
9. Every motorboat shall have the carburetor or carburetors of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the regulations of the [department.] commission.
10. Every such motorboat and every such vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by the regulations of the [department] commission for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases.
11. The [department] commission may make rules and regulations modifying the equipment requirements contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the navigation rules promulgated by the United States Coast Guard.
12. The [department] commission may establish and maintain for the operation of vessels on the waters of this state pilot rules in conformity with the pilot rules contained in the Federal Navigation Laws or the navigation rules promulgated by the United States Coast Guard.
13. No person may operate or give permission for the operation of a vessel which is not equipped as required by this section.
14. Notwithstanding the provisions of subsection 2, no motorboat of class A need exhibit the lights required by this section during a period of 1 hour after sunset and during a period of 1 hour before sunrise [.] , except when operated on navigable waters of the United States.
Sec. 16. NRS 488.197 is hereby amended to read as follows:
488.197 1. No vessel shall be equipped with nor shall any person use upon a vessel a siren, except as otherwise provided in this chapter.
2. Any authorized emergency vessel, when approved by the [department,] commission, may be equipped with a siren capable of sound audible under normal conditions from a distance of not less than 500 feet, but such siren shall not be used except when such vessel is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the operator of the vessel shall sound the siren when necessary to warn persons of the approach thereof.
κ1965 Statutes of Nevada, Page 1066 (CHAPTER 406, SB 269)κ
of an actual or suspected violator of the law, in which event the operator of the vessel shall sound the siren when necessary to warn persons of the approach thereof.
Sec. 17. NRS 488.215 is hereby amended to read as follows:
488.215 1. The operator of a vessel involved in a collision, accident or other casualty shall, so far as he can do so without serious danger to his own vessel, crew and passengers, render to other persons affected by the collision, accident or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident or other casualty, and shall give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty.
2. In the case of collision, accident or other casualty involving a vessel, the operatory thereof, if the collision, accident or other casualty results in death or injury to a person or damage to property in excess of $100, shall file with the [department] commission a full description of the collision, accident or other casualty, including such information as the [department] commission may, by regulation, require.
Sec. 18. NRS 488.225 is hereby amended to read as follows:
488.225 In accordance with any request made by an authorized official or agency of the United States, any information compiled or otherwise available to the [department] commission pursuant to NRS 488.215 shall be transmitted to such official or agency of the United States.
Sec. 19. NRS 488.235 is hereby amended to read as follows:
488.235 1. No person may operate a vessel on any congested waters of this state for towing a person or persons on water skis or a surfboard or similar device unless there is in such vessel a person, in addition to the operator, in a position to observe the progress of the person or persons being towed. If such waters are not congested, such vessel shall be equipped with a suitable rearview mirror by which the operator of such boat may observe the person being towed. The [department] commission shall determine and arrange to give notice to the public what waters are congested under the provisions of this section.
2. No person may operate a vessel on any waters of this state towing a person or persons on water skis, a surfboard or similar device, nor may any person engage in water skiing, surfboarding or similar activity at any time between the hours from 1 hour after sunset to 1 hour before sunrise.
3. The provisions of subsections 1 and 2 of this section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under NRS 488.305.
Sec. 20. NRS 488.247 is hereby amended to read as follows:
488.247 No person may operate a vessel, other than a patrol vessel, in an area designated as restricted, except in an emergency. Such area shall be designated only with the consent of the [department] commission and shall be clearly marked.
Sec. 21. NRS 488.275 is hereby amended to read as follows:
488.275 No person may operate a vessel within a water area which is clearly marked by buoys or some other distinguishing device as a bathing or swimming area.
κ1965 Statutes of Nevada, Page 1067 (CHAPTER 406, SB 269)κ
bathing or swimming area. Such bathing or swimming areas shall be so marked only with the consent of the [department.] commission.
Sec. 22. NRS 488.305 is hereby amended to read as follows:
488.305 1. The [department] commission may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. It shall adopt and may, from time to time, amend regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants.
2. Whenever a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof shall, at least 15 days prior thereto, file an application with the [department] commission for permission to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition.
3. The application shall set forth the date, time and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition, and it shall not be conducted without the written authorization of the [department.] commission.
4. The provisions of this section do not exempt any person from compliance with applicable federal law or regulation, but nothing contained herein requires the securing of a state permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States.
5. No person may operate any motorboat in any race on the waters of this state unless such person is a member of the American Power Boat Association or the National Outboard Association or of some organization affiliated therewith.
Sec. 23. NRS 488.345 is hereby amended to read as follows:
488.345 1. The provisions of this chapter, and of other applicable laws of this state, shall govern the operation, equipment, numbering and all other matters relating thereto whenever any vessel is operated on the waters of this state, or when any activity regulated by this chapter takes place thereon; but nothing in this chapter prevents the adoption of any ordinance or local law relating to operation and equipment of vessels the provisions of which are identical to the provisions of this chapter, amendments thereto or regulations issued thereunder.
2. Such ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of this chapter, amendments thereto or regulations issued thereunder.
3. Any subdivision of this state may, at any time, but only after public notice, make formal application to the [department] commission for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons which make such special rules or regulations necessary or appropriate.
4. The [department] commission may make special rules and regulations with reference to the operation of vessels on any waters within the territorial limits of any subdivision of this state.
Sec. 24. NRS 488.355 is hereby amended to read as follows:
488.355 1. Every game warden, sheriff and other peace officer of this state and its political subdivisions shall enforce the provisions of this chapter and may stop and board any vessel subject to the provisions of this chapter.
κ1965 Statutes of Nevada, Page 1068 (CHAPTER 406, SB 269)κ
this state and its political subdivisions shall enforce the provisions of this chapter and may stop and board any vessel subject to the provisions of this chapter.
2. [Game wardens of this state may enforce the provisions of this chapter when such enforcement can be conveniently accomplished, and such enforcement shall be incidental to the duties of game wardens to enforce the provisions of Title 45 of NRS.
3.] All boats located upon waters of this state shall be subject to inspection by the [department] commission or any lawfully designated agent or inspector thereof at any time for the purpose of determining whether such boat is equipped in compliance with the provisions of this chapter.
[4.] 3. All boats located upon waters of this state shall be subject to inspection by the health division of the department of health and welfare or any lawfully designated agent or inspector thereof at any time for the purpose of determining whether such boat is equipped in compliance with the provisions of NRS 488.315 to 488.335, inclusive.
Sec. 25. Chapter 365 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The legislature finds as a fact that of the total amount of excise taxes paid annually on all motor vehicle fuel sold, distributed or used in this state not less than $60,000 represents the excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes. It is declared to be the policy of the State of Nevada to apply the motor vehicle fuel tax paid on fuel so used, which is hereby declared to be not refundable to the consumer, for the improvement of boating and other outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act).
2. Beginning with the fiscal year commencing July 1, 1965, and in each fiscal year thereafter, the state treasurer shall, upon receipt of the tax moneys from the tax commission collected pursuant to the provisions of NRS 365.170 to 365.190, inclusive:
(a) Remit the sum of $30,000 to the state board of fish and game commissioners for deposit and use as provided in subsection 2 of NRS 501.255. All moneys so received by the state board of fish and game commissioners shall be expended only for the administration and enforcement of the provisions of chapter 488 of NRS.
(b) Deposit in the general fund in the state treasury to the credit of the division of state parks of the state department of conservation and natural resources the sum of $30,000. All moneys so deposited to the credit of the division of state parks of the state department of conservation and natural resources shall be expended only as authorized by the legislature for the improvement of boating facilities and other outdoor recreational facilities associated with boating.
3. Remittances and deposits required to be made by the state treasurer pursuant to the provisions of subsection 2 may be made quarterly or oftener if convenient to the state treasurer.
Sec. 26. (There is no section 26.)
κ1965 Statutes of Nevada, Page 1069 (CHAPTER 406, SB 269)κ
Sec. 27. NRS 365.540 is hereby amended to read as follows:
365.540 1. The money collected as prescribed by NRS 365.170, after the remittances and deposits have first been made pursuant to the provisions of section 25 of this act, shall be placed to the credit of the state highway fund by the state treasurer.
2. The money collected as prescribed by NRS 365.180 and 365.190, after the remittances and deposits have first been made pursuant to the provisions of section 25 of this act, shall be placed to the credit of the county gasoline tax fund by the state treasurer and shall be allocated by the tax commission to the counties as prescribed in NRS 365.550 and 365.560.
3. The money collected as prescribed by NRS 365.200 shall be placed to the credit of the state highway fund and the county gasoline tax fund by the state treasurer, and the allocation of the county excise tax shall be made by the tax commission as prescribed by NRS 365.550 and 365.560.
Sec. 28. NRS 501.255 is hereby amended to read as follows:
501.255 1. There is hereby created a fund to be known as and called the fish and game fund, which fund shall be kept in the state treasury, and, subject to the provisions of subsection 2, shall consist of all moneys received from the sale of licenses [and] , fees received pursuant to the provisions of NRS 488.075, remittances from the state treasurer received pursuant to the provisions of section 25 of this act, and moneys from all other sources for fish and game propagation as provided by law, including appropriations made by the legislature.
2. The moneys received from the sale of licenses [and] , fees received pursuant to the provisions of NRS 488.075, remittances from the state treasurer received pursuant to the provisions of section 25 of this act and moneys received from all other sources except appropriations, gifts and federal funds obtained under NRS 501.115 and 501.117, shall, upon receipt, be deposited at interest, with the written approval of the state board of finance, in any state or national bank or banks or savings associations in the State of Nevada. The principal so deposited shall be transferred annually to the fish and game fund between June 1 and June 30 for use of the commission during the next succeeding fiscal year.
3. The fish and game fund shall be used for and be subject to:
(a) The payment of the expenses of propagating, restoring and introducing fish in the public waters of this state.
(b) The propagation, protection, restoration and transferring of game birds and animals in this state.
(c) The payment of the expenses incurred in the prosecution of offenders against the fish and game laws and fish and game license laws of this state.
(d) The cost of acquisition, construction, management and maintenance of fish hatcheries in the state.
(e) All other necessary expenses attendant upon the protection and propagation of fish and game.
(f) The payment of the expenses incurred in the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act), but total expenditures from the fish and game fund for this purpose shall not exceed the total sums received by the commission pursuant to the provisions of NRS 488.075 and section 25 of this act.
κ1965 Statutes of Nevada, Page 1070 (CHAPTER 406, SB 269)κ
Act), but total expenditures from the fish and game fund for this purpose shall not exceed the total sums received by the commission pursuant to the provisions of NRS 488.075 and section 25 of this act.
4. All moneys in the fish and game fund shall be used for the purposes specified in this section and not diverted to any other fund or use, and shall not revert to general state funds.
Sec. 29. Chapter 407 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In the utilization of the moneys received pursuant to the provisions of section 25 of this act, the system may execute agreements with federal and state agencies, counties and special districts for the development, improvement and maintenance of boating facilities and other outdoor recreational facilities associated with boating.
Sec. 30. Upon the effective date of this act:
1. The boat licensing fund heretofore created in the state treasury pursuant to law is abolished and the state controller and the state treasurer are authorized and hereby directed to transfer all moneys remaining therein to the general fund in the state treasury to the credit of the division of state parks of the state department of conservation and natural resources to be expended for the improvement of boating facilities and other outdoor recreational facilities associated with boating.
2. All records, papers, files, registers, property and equipment, including but not limited to watercraft and motor vehicles, heretofore acquired by the department of motor vehicles by expenditures from the boat licensing fund and used by the department of motor vehicles in administering and enforcing the Nevada Boat Act shall be transferred by the department of motor vehicles to the state board of fish and game commissioners.
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Senate Bill No. 270Senator Whitacre
CHAPTER 407
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Lyon County, Nevada; regulating the employment and compensation of deputies and other employees of county officers; repealing all acts and parts of acts in conflict herewith; and other matters properly relating thereto, approved February 7, 1955, as amended.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as last amended by chapter 114, Statutes of Nevada 1963, at page 138, is hereby amended to read as follows:
Section 2. District Attorney.
1. The district attorney of Lyon County, Nevada, shall receive an annual salary of [$7,200] $8,400 for all his services as such officer.
κ1965 Statutes of Nevada, Page 1071 (CHAPTER 407, SB 270)κ
2. The district attorney is hereby authorized and empowered:
(a) To employ one person to act as his secretary, who shall receive as salary an amount set by the board of county commissioners.
(b) To employ deputies, investigators, clerks and other assistants, who shall receive as salaries amounts set by the board of county commissioners provided the board of county commissioners shall deem the employment of such persons necessary.
3. The district attorney shall be allowed only his actual expenses while attending to official business of the county or state, but no claim for expenses, any part of which pertains to any private matter or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Lyon County or any governmental agency.
Sec. 2. Section 3 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as last amended by chapter 114, Statutes of Nevada 1963, at page 138, is hereby amended to read as follows:
Section 3. Sheriff.
1. The sheriff of Lyon County, Nevada, shall receive an annual salary of [$7,200.] $8,400. He shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature.
2. When it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties. He shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.
3. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed.
4. The sheriff of Lyon County, Nevada, may, subject to the approval of the board of county commissioners, employ one undersheriff who shall receive an annual salary not to exceed [$6,000,] $7,200, and such other deputies as the board of county commissioners shall deem necessary, each of whom shall receive an annual salary not to exceed [$6,000.] $7,200.
Sec. 3. Section 4 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as last amended by chapter 114, Statutes of Nevada 1963, at page 139, is hereby amended to read as follows:
Section 4. Assessor.
1. The assessor of Lyon County, Nevada, shall receive an annual salary of [$7,200.] $8,400.
2. When it becomes necessary in the discharge of his official duties for the assessor 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, and he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.
κ1965 Statutes of Nevada, Page 1072 (CHAPTER 407, SB 270)κ
3. The assessor of Lyon County, Nevada, may appoint a deputy who shall receive an annual salary not to exceed [$6,000.] $7,200.
Sec. 4. Section 5 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as last amended by chapter 114, Statutes of Nevada 1963, at page 139, is hereby amended to read as follows:
Section 5. County Clerk and Ex Officio Treasurer.
1. The county clerk and ex officio treasurer of Lyon County, Nevada, and ex officio clerk of the district court of the First Judicial District of the State of Nevada, in and for the County of Lyon, shall receive an annual salary of [$7,200.] $8,400.
2. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
3. The county clerk and ex officio treasurer may appoint one deputy who shall receive compensation in an amount not to exceed [$6,000] $7,200 a year.
Sec. 5. Section 6 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as last amended by chapter 114, Statutes of Nevada 1963, at page 139, is hereby amended to read as follows:
Section 6. County Recorder and Ex Officio Auditor.
1. The county recorder and ex officio auditor of Lyon County, Nevada, shall receive an annual salary of [$7,200] $8,400 for all his services as such officer.
2. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
3. The county recorder and ex officio auditor may appoint one deputy who shall receive compensation in an amount not to exceed [$6,000] $7,200 a year.
Sec. 6. Section 7 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as last amended by chapter 114, Statutes of Nevada 1963, at page 139, is hereby amended to read as follows:
Section 7. County Commissioners. The county commissioners of Lyon County, Nevada, shall each receive:
1. An annual salary of [$3,000] $3,600 which shall be in full compensation for all services whatsoever required of such commissioners.
2. Not to exceed 10 cents per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners, or of the board of highway commissioners; but no such allowance shall be made to any commissioner residing at the county seat.
Sec. 7. This act shall become effective on the 1st Monday in January 1967.
________
κ1965 Statutes of Nevada, Page 1073κ
Senate Bill No. 278Committee on Public Health
CHAPTER 408
AN ACT to amend chapters 244, 268 and 269 of NRS, relating to counties, incorporated cities and unincorporated towns, by adding new sections authorizing the governing bodies of all counties, incorporated cities and unincorporated towns to enact ordinances setting up a compulsory antirabies vaccination program for dogs; prescribing the content of such ordinances; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. In order to control rabies and to protect the public health and welfare, the board of county commissioners of any county of this state may enact an ordinance requiring all dog owners to procure inoculation of their dogs against rabies.
Sec. 3. Such ordinance may, in addition to such other provisions as may be appropriate to local conditions, contain any or all of the following provisions:
1. Every dog owner shall, after his dog attains the age of 4 months and at such intervals as may be prescribed by rules and regulations of the state department of agriculture, procure the inoculation of each such dog by a licensed veterinarian with a canine antirabies vaccine approved by and in a manner prescribed by the state department of agriculture;
2. All dogs under 4 months of age shall be confined to the premises of or kept under physical restraint by the owner, keeper or harborer, with full allowance for the sale or transportation of any such dog;
3. Any violation of the ordinance or of such additional provisions as may be prescribed by the board of county commissioners shall result in the impounding of the dog in a manner as shall be provided by ordinance; and
4. The board of county commissioners shall maintain or provide for the maintenance of a pound system and rabies control program for the purpose of carrying out and enforcing the provisions of the ordinance.
Sec. 4. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In order to control rabies and to protect the public health and welfare, the governing body of any city or town incorporated under any law of this state may enact an ordinance requiring all dog owners to procure inoculation of their dogs against rabies. Such ordinance may contain provisions appropriate to local conditions and may contain any or all of the provisions specifically set forth in section 3 of this act, with appropriate reference to the governing body in lieu of the board of county commissioners.
Sec. 5. Chapter 269 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1965 Statutes of Nevada, Page 1074 (CHAPTER 408, SB 278)κ
In order to control rabies and to protect the public health and welfare, any board of county commissioners may enact for any unincorporated town or city in this state an ordinance requiring all dog owners to procure inoculation of their dogs against rabies. Such ordinance may contain provisions appropriate to local conditions and may contain any or all of the provisions specifically set forth in section 3 of this act.
Sec. 6. This act shall become effective upon passage and approval.
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Senate Bill No. 280Committee on Education and State University
CHAPTER 409
AN ACT to amend NRS section 391.040, relating to fees for the issuance and renewal of teachers certificates and life diplomas, by establishing a minimum fee.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.040 is hereby amended to read as follows:
391.040 1. [The] Except as otherwise provided herein, the state board of education is authorized to fix fees of not less than $3 for the issuance and renewal of certificates and for the issuance of life diplomas. Fees for certificates of teachers of adult evening school classes shall be not less than $1. Fees for issuing duplicate certificates or diplomas shall be the same as for issuing the originals.
2. The moneys received from fees collected under the provisions of NRS 391.010 to 391.050, inclusive, shall be paid into the general fund.
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Senate Bill No. 283Committee on Judiciary
CHAPTER 410
AN ACT to amend NRS section 293.295, relating to marking of ballots, by allowing the use of a stylus; and to amend NRS section 293.470, relating to the approval of voting machines by the secretary of state, by including other voting devices.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.295 is hereby amended to read as follows:
293.295 Whenever electronic tabulators are provided, each county clerk may provide for the marking of ballots with a pencil or stylus which will enable the votes to be counted on an electronic tabulator. If such a procedure is adopted in any precinct or district within the county, the county clerk may also order that, in lieu of counting at the polls, the ballots shall be transmitted to a central counting place where the vote shall be counted and tabulated by electronically operated machines.
κ1965 Statutes of Nevada, Page 1075 (CHAPTER 410, SB 283)κ
county, the county clerk may also order that, in lieu of counting at the polls, the ballots shall be transmitted to a central counting place where the vote shall be counted and tabulated by electronically operated machines.
Sec. 2. NRS 293.470 is hereby amended to read as follows:
293.470 Only voting machines or devices approved by the secretary of state may be used in any general or primary election.
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Senate Bill No. 284Committee on Aviation, Transportation and Highways
CHAPTER 411
AN ACT to amend NRS sections 408.250 and 408.255, relating to the department of highways authorization to contract for state and secondary highways, respectively, by eliminating reference to the Commissioner of Public Roads; and to amend NRS section 408.270, relating to transfer of highway funds, by providing that the vouchers be filed with the division engineer of the Bureau of Public Roads.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.250 is hereby amended to read as follows:
408.250 1. The department is authorized:
(a) To enter into all contracts and agreements with the United States Government relating to the engineering, planning, surveying and preparing of plans, acquiring of property, constructing and maintaining of highways under the provisions of the Acts of Congress described in NRS 408.245, and the rules and regulations promulgated thereunder by the Secretary of Commerce [,] and the Federal Highway Administrator. [and the Commissioner of Public Roads.]
(b) To submit such schemes, plans and programs of construction and maintenance as may be required by the Secretary of Commerce [,] and the Federal Highway Administrator. [and the Commissioner of Public Roads.]
(c) To do all other things necessary to carry out the cooperation and programs contemplated and provided for by such federal acts.
2. For the engineering, planning, constructing and improving of highways and roads provided under the Federal Aid Road Act, the good faith of the state is hereby pledged to make funds available sufficient to match in the proportion designated in the Federal Aid Road Act the sums of money apportioned to the state by or under the United States Government, and to maintain at its own expense the highways so constructed with the aid of funds so designated, and to make adequate provisions for carrying out such maintenance.
Sec. 2. NRS 408.255 is hereby amended to read as follows:
408.255 1. The department is authorized:
(a) To enter into all contracts and agreements with the United States Government relating to the engineering, planning, surveying, preparing of plans, acquiring of property, constructing and maintaining of secondary and feeder highways and roads.
κ1965 Statutes of Nevada, Page 1076 (CHAPTER 411, SB 284)κ
Government relating to the engineering, planning, surveying, preparing of plans, acquiring of property, constructing and maintaining of secondary and feeder highways and roads.
(b) To submit such schemes, plans and programs of construction and maintenance as may be required by the Secretary of Commerce [,] and the Federal Highway Administrator. [and the Commissioner of Public Roads.]
(c) To do all other things necessary to carry out the cooperation and programs contemplated and provided for by such federal acts in the construction and maintenance of such secondary and feeder highways and roads, including farm-to-market, mine-to-market, rural free delivery, public school bus and other rural roads.
2. For the engineering, planning, constructing and improving of such secondary and feeder highways and roads under the Acts of Congress described in NRS 408.245, the good faith of the state is hereby pledged to make available funds sufficient to match, in the proportion designated in such acts, the sums of money apportioned to the state by or under the United States Government and to maintain at its own expense the highways and roads so constructed with the aid of funds so designated and to make adequate provisions for carrying out such maintenance.
Sec. 3. NRS 408.270 is hereby amended to read as follows:
408.270 1. At least once each month the engineer shall file with the state controller a certificate showing the number and amount of vouchers filed with the [district] division engineer of the Bureau of Public Roads having jurisdiction over highway construction in the State of Nevada, for payment out of the apportionment made to the state under appropriations made by Congress for aid to the various states for highway purposes.
2. Whenever claims payable out of the state highway fund and properly approved by the state board of examiners exceed the amount that is available in the state highway fund, the state controller is authorized to transfer temporarily from the general fund to the state highway fund such amount as may be required to pay such claims, but not to exceed 50 percent of the amount collectible from the Government of the United States as shown by the vouchers mentioned in subsection 1.
Sec. 4. This act shall become effective upon passage and approval.
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κ1965 Statutes of Nevada, Page 1077κ
Senate Bill No. 285Senator Fransway
CHAPTER 412
AN ACT to amend chapter 495 of NRS, relating to city and county airports and facilities, by adding a new section providing for establishment of emergency landing fields by counties; providing sovereign immunity therefor; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 495 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The several counties of the State of Nevada are authorized:
(a) To designate, establish and maintain emergency landing fields for flying, take-off and landing of aircraft together with necessary conveniences, appliances, works, structures, now known or hereafter invented, of such number and character and in such places as may be necessary or convenient, in the interest of promoting the public safety. Such designation shall be made by resolution spread upon the records of the proceedings of the board of county commissioners.
(b) To pay for such establishment and maintenance out of any appropriations or other moneys made available for such purposes whether by allocations from the state airport fund or by gift or devise.
2. The board of county commissioners of any county may authorize the use of county equipment for the purposes authorized in this section.
3. The establishment and maintenance of emergency landing fields are hereby declared to be county functions and purposes, as well as public and governmental, and are matters of public necessity.
4. No action or suit may be brought or maintained against any county or its officers, agents, servants or employees for damages arising from tort occurring from lack of maintenance of any emergency landing field.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1078κ
Senate Bill No. 297Committee on Judiciary
CHAPTER 413
AN ACT to amend NRS sections 318.055, 318.065, 318.070, 318.080, 318.085, 318.150, 318.215, 318.255, 318.270, 318.325, 318.370, 318.420, 318.460, 318.465 and 318.490 to 318.510, inclusive, and chapter 318 of NRS, relating to the organization of general improvement districts, powers and duties of boards of trustees, inclusion and exclusion of property, borrowing and bonds, local improvements and special assessment bonds and dissolution of districts, by imposing more stringent limitations on formation, making public bidding on bonds and construction work mandatory under certain conditions, allowing annexation upon assumption of outstanding indebtedness, increasing amounts of fidelity bonds, restricting sale of assessment bonds and allowing districts to be merged or consolidated; and by adding new sections requiring annual audits, providing for recreational facilities, providing for reimbursement of county officers and limiting the overall indebtedness of districts; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.055 is hereby amended to read as follows:
318.055 1. The organization of a district shall be initiated by the adoption of an ordinance by the board of county commissioners, which ordinance is in this chapter sometimes designated the initiating ordinance. No initiating ordinance may be adopted by the board of county commissioners if the proposed district includes lands within 7 miles from the boundary of an incorporated city or unincorporated town unless a petition for annexation to or inclusion within such incorporated city or unincorporated town of such lands has first been filed with the governing body of such incorporated city or unincorporated town pursuant to law and the governing body thereof has refused to annex or include such lands and has entered the fact of such refusal in its minutes.
2. The initiating ordinance shall set forth:
(a) The name of the proposed district, consisting of a chosen name preceding the words General Improvement District.
(b) A statement of the general purposes for which the district is proposed to be created (for instance, by way of illustration, for paving, curb and gutters, sidewalks, storm drainage and sanitary sewer improvements within the district). The purpose or purposes stated in the initiating ordinance shall be any or all of those authorized in NRS 318.120 to 318.145, inclusive, or any part or parts thereof.
(c) A statement that the ordinance creating such district will be based on the boards finding:
(1) That the public convenience and necessity require the creation of such district; and
(2) That the creation of such district is economically sound and feasible.
(d) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district.
κ1965 Statutes of Nevada, Page 1079 (CHAPTER 413, SB 297)κ
[(d)] (e) The place and time for the hearing on the creation of the district.
Sec. 2. NRS 318.065 is hereby amended to read as follows:
318.065 1. Any taxpaying elector within the district may, on or before the date fixed, protest against the establishment of such district, in writing, which protest shall be filed with the county clerk of such county.
2. If, at or before the time fixed in the initiating ordinance and notice, written protest is filed, signed by 51 percent or more of the taxpaying electors within such proposed district, the district shall not be established.
3. If any written protests are filed and the board of county commissioners determines that the protests so filed represent less than 51 percent of the taxpaying electors in the district, the board of county commissioners, in its discretion [,] but subject to the limitation provided by NRS 318.070, may proceed with the creation of the district. If the board of county commissioners does so proceed, the ordinance of the board of county commissioners creating the district, for which provision is made in this chapter, shall contain a recital as to the percentage of protest and such recital shall be binding and conclusive for all purposes.
Sec. 3. NRS 318.070 is hereby amended to read as follows:
318.070 1. At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned, the board of county commissioners shall give full consideration to all protests which may have been filed and shall hear all persons desiring to be heard and shall thereafter adopt an ordinance either creating the district or determining that it shall not be created.
2. If the board of county commissioners determines at the hearing that the proponents of such proposed district have failed to show that creation of the district is required by public convenience and necessity or have failed to show that the creation of such district is economically sound and feasible, or both, it shall adopt an ordinance determining that it shall not be created.
3. Any ordinance creating a district may contain such changes as may be considered by the board of county commissioners to be equitable and necessary.
Sec. 4. NRS 318.080 is hereby amended to read as follows:
318.080 1. The board of county commissioners shall, in the ordinance creating the district, appoint five taxpaying electors of the district to serve as the first board of trustees of the district and shall specify therein the terms of office to the respective election dates provided in NRS 318.095.
2. The members of the board of trustees shall qualify by filing with the county clerk their oaths of office and corporate surety bonds, at the expense of the district, the bonds to be in an amount not [to exceed $1,000] less than $10,000 each, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of their duties as trustees.
Sec. 5. NRS 318.085 is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 1080 (CHAPTER 413, SB 297)κ
318.085 1. After taking oaths 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.
2. The board shall adopt a seal.
3. The secretary shall keep, in a well-bound book, a record of all of the boards proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and all corporate acts, which book shall be open to inspection of all owners of real property in the district as well as to all other interested persons.
4. 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] surety bond in an amount not less than [$5,000,] $50,000, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of the duties of his office. Any other officer or director who actually receives or disburses money of the district shall furnish a bond as provided in this subsection.
5. No member of the board shall receive compensation for his services.
Sec. 6. NRS 318.150 is hereby amended to read as follows:
318.150 1. Except as otherwise provided in this chapter, the board shall have the power to enter into contracts and agreements affecting the affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district for the operation of a common or jointly owned project.
2. Any improvement or improvements of any nature made in any district where the entire cost, value or amount of such work, including labor and materials, exceeds $5,000, [except such work done by employees of the district with supplies and materials purchased by it as provided in subsection 3, or] except by labor or supplies and materials, or all of such, supplied under agreement with the United States of America, the State of Nevada, or any federal or state agency, instrumentality or corporation, or other political subdivision, shall be done only under independent contract to be entered into by the district with the lowest responsible bidder submitting the lowest and best bid upon proper terms after due public notice by publication has been given asking for competitive bids. The board shall have the right to reject any and all bids and to waive any irregularity in any bid. The requirement of public notice and competitive bidding may be waived, with the permission of the board of county commissioners, upon application in writing signed by the owners of property in the district whose aggregate value is 75 percent or more of the total assessed value of taxable property in the district. Any contract may be let on a lump sum or unit basis. No contract shall be entered into for work where the value of the work exceeds $2,000 unless the contractor furnishes to the board a performance bond and a payment bond as provided in NRS 339.025.
κ1965 Statutes of Nevada, Page 1081 (CHAPTER 413, SB 297)κ
the board a performance bond and a payment bond as provided in NRS 339.025. Upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the performance bond, or otherwise.
3. [The board shall have the power to make any improvement, or portion thereof, in any district, directly by the officers, agents and employees of the district, with supplies and materials purchased or otherwise acquired therefor.] All supplies and materials purchased by the board for any district (but not by a contractor) costing $500 or more shall be purchased only after notice by publication for competitive bids. The board shall accept the lowest bid, kind, quality and material being equal, but the board 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. 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 a manufacturers authorized dealer.
Sec. 7. NRS 318.215 is hereby amended to read as follows:
318.215 1. When a district abuts a city or town, [and when all of its indebtedness has been fully paid or satisfied,] the board shall have the power to convey to such city or town, at the discretion of the district and with the consent of the governing authority thereof, all of the property of such district upon the condition that such city or town: [will]
(a) Will operate and maintain such property, regardless of whether the area comprising the district is annexed to the municipality [.] ; and
(b) May assume all of the indebtedness of such district upon such conditions as the county or town and the governing body of the district may agree.
2. Upon such conveyance and assumption of indebtedness the district shall be dissolved and a certificate to such effect shall be signed by the clerical officer of the city or town and filed with the secretary of state and county clerk of any county in which the ordinance creating the district is filed.
Sec. 8. NRS 318.255 is hereby amended to read as follows:
318.255 1. A district shall be entirely within one county and shall not include lands included in any city or unincorporated town or lands within 7 miles from the boundary thereof unless the governing body of such city or unincorporated town has refused to annex or include such lands within 7 miles from the boundary thereof as provided in NRS 318.055.
2. A district may consist of noncontiguous tracts or parcels of land.
3. No area within a district may be annexed to a city or town, but nothing contained in this section shall be construed as preventing the dissolution of a district, upon the assumption of any outstanding indebtedness, or the exclusion therefrom of any land therein, as authorized in this chapter, for the purpose of permitting such an annexation.
κ1965 Statutes of Nevada, Page 1082 (CHAPTER 413, SB 297)κ
4. No districts created under this chapter or under chapter 309 of NRS for the same purpose may overlap each other, but nothing contained in this section shall be construed as preventing any tract or parcel of land being simultaneously situate in overlapping districts which have no common purposes as provided in this chapter.
Sec. 9. NRS 318.270 is hereby amended to read as follows:
318.270 The boundaries of a district may be enlarged by the inclusion of additional real property therein in the following manner:
1. The fee owner or owners of any real property capable of being served with facilities of the district may file with the board a petition in writing praying that such property be included in the district.
2. The petition shall:
(a) Set forth an accurate legal description of the property owned by the petitioners.
(b) State that assent to the inclusion of such property in the district is given by the signers thereto, constituting all the fee owners of such property.
(c) Be acknowledged in the same manner required for a conveyance of land.
3. There shall be no withdrawal from a petition after consideration by the board nor shall further objections be filed except in case of fraud or misrepresentation.
4. The board shall hear the petition at an open meeting after publishing the notice of the filing of such petition, and of the place, time and date of such meeting, and the names and addresses of the petitioners.
5. Before granting a petition as to all or any part of the real property therein described, the board shall submit a description of the property as to which it desires to grant the petition, and a brief memorandum of its reasons for so desiring, to:
(a) The board of county commissioners; and
(b) The governing body of any incorporated city or town to which such property is contiguous. The board shall not grant the petition unless and until approval is received from all the authorities to which it is required by this subsection to be submitted, but failure of any such authority to complete its action and inform the board thereof within 30 days from the date of submission shall constitute approval by default.
6. The board shall grant or deny the petition and the action of the board shall be final and conclusive. If the petition is granted as to all or any of the real property therein described, the board shall make an order to that effect, and file the same for record as provided in NRS 318.075.
[5.] 7. After the date of its inclusion in such district, such property shall be subject to all of the taxes and charges imposed by the district, and shall be liable for its proportionate share of existing general obligation bonded indebtedness of the district; but it shall not be liable for any taxes or charges 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, toll or charge, other than the tolls and charges which are uniformly made, assessed or levied for the entire district.
κ1965 Statutes of Nevada, Page 1083 (CHAPTER 413, SB 297)κ
other than the tolls and charges which are uniformly made, assessed or levied for the entire district.
Sec. 10. NRS 318.325 is hereby amended to read as follows:
318.325 1. Such revenue bonds [may be publicly or privately sold at not less than 95 percent of their face value.
2.] shall be publicly sold to the highest responsible bidders:
(a) After at least 3 weeks notice in writing to the state board of finance, Carson City, Nevada, and to the board of county commissioners in the county in which such district is located;
(b) Upon such requirements for substantiation of bids as the board of trustees may direct; and
(c) Pursuant to such public notice as the board of trustees may direct, but in any event notice of such sale must be published in a financial journal published in the city of New York, New York.
2. The requirement of public sale may be waived, in the discretion of the board of county commissioners, upon application in writing signed by the owners of property in the district whose aggregate value is 75 percent or more of the total assessed value of taxable property in the district.
3. If no responsible bids are received pursuant to the provisions of subsection 1, or if public sale is waived pursuant to subsection 2, the board may proceed with a private sale. None of the bonds may be sold at either public or private sale, as provided in this section, at less than 95 percent of the principal amount thereof, plus accrued interest on the principal amount to the date of delivery.
4. Each such revenue bond shall recite in substance that the principal thereof, including the interest thereon, is payable from the revenue pledged to the payment thereof and does not constitute a debt within the meaning of any constitutional or statutory limitation.
Sec. 11. NRS 318.370 is hereby amended to read as follows:
318.370 1. The cost and expense of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, assessments and cost of construction.
2. In no case shall the amount of any one special assessment [upon any lot or premises for any] or the combined amounts of any series of special assessments upon any lot or premises for any one improvement or for more than one improvement exceed [the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation.] 50 percent of the actual market value of such lot or premises after such improvements have been made. Any cost exceeding the value of such lot or premises which would otherwise be chargeable upon such lot or premises shall be paid from the general funds of the district.
3. The board shall provide that the fees and compensation properly charged in the work of making any special assessment, including engineering, legal and fiscal fees and bond discount, if any, shall be included as part of such assessment.
4. [The limitations on the amount of the assessments shall not apply when all of the owners of more than 60 percent in area of the property subject to assessment for the proposed improvement have signed and filed with the secretary of the board undertaking the proceedings a written petition for the improvements and a waiver of the limitation.
κ1965 Statutes of Nevada, Page 1084 (CHAPTER 413, SB 297)κ
signed and filed with the secretary of the board undertaking the proceedings a written petition for the improvements and a waiver of the limitation.
5. Owners of land within the meaning of subsection 4 are those persons, and those persons only, who, at the time that the petition is filed with the secretary of the board appear to be such upon the county assessors roll or, in the case of transfers of land, or parts thereof, subsequent to the date upon which the last county assessors roll was prepared, appear to be such on the records in the county assessors office which the county assessor will use to prepare the next-ensuing county assessors roll. If any person signing owns property as a joint tenant or tenant in common, or owns property in community or copartnership, such property shall be counted as if all such owners had signed.
6. The limitations on amounts of assessments shall not apply to proceedings for the construction of sanitary sewers, storm water drains, or sewage or drainage disposal works, including the acquisition of sewer and storm water drain lands and rights-of-way and easements necessary in connection with such improvement, or a capacity right or right of disposal therein, when the health officer having jurisdiction of the area within the assessment district has recommended in writing and spread upon the minutes of the board conducting the proceedings that such improvements will serve the public health and welfare, and the same is found to exist by resolution adopted by the affirmative vote of four-fifths of the members thereof. The findings and determinations made by the board pursuant to this section shall be final and conclusive.
7. The limitations on amounts of assessments shall not apply to proceedings for the construction of sidewalks when required for the safety of pupils attending school, and the necessity for such requirement is found to exist by the board conducting the proceedings, which necessity is expressed by resolution adopted by the affirmative vote of four-fifths of the members thereof. The findings and determinations made by the board pursuant to this section shall be final and conclusive.
8. Notwithstanding anything in this section, if the board, prior to the adoption of the resolution ordering the acquisition or improvement, finds by a four-fifths vote all of the members thereof entered upon its minutes that the proposed project is feasible and that the lands to be assessed will be able to carry the burden of such proposed assessment, the limitations on the amounts of assessments provided for herein may be disregarded. However, if, at the hearing on the report, protests in writing are filed by the owners, as defined in subsection 4, of a majority in area of the lands to be assessed, such limitations shall not be exceeded except as to proceedings had under subsections 4, 5 and 6. A finding and determination by the board that the limitation on assessments herein provided may be disregarded shall be final and conclusive.
9.] Each type of improvement, such as grading, paving, curbs and gutters, sanitary sewerage facilities or storm drainage facilities, shall constitute an improvement. Sidewalks shall be a distinct improvement when not monolithic with curbs and gutters. More than one improvement may be combined in one local improvement proceeding when the board determines that it will be economical so to do.
κ1965 Statutes of Nevada, Page 1085 (CHAPTER 413, SB 297)κ
board determines that it will be economical so to do. If in the combination improvements are separate and distinct by reason of substantial difference in their character or location or otherwise, each such improvement shall be designated and treated as a separate unit or district or proceeding in the proceeding for the purpose of objection and assessment. The costs of each unit shall be segregated for the levy of the assessment and an equitable share of the incidental expenses shall be allocated to each assessment unit. The determinations of the board shall be final and conclusive.
Sec. 12. NRS 318.420 is hereby amended to read as follows:
318.420 1. All special assessments shall from the date of approval thereof constitute a lien upon the respective lots or parcels of land assessed coequal with the lien of general taxes, not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes.
2. Upon the approval of any assessment, the amount thereof may be divided into not more than 15 annual or 30 semiannual installments to be collected at such time, with such interest, at a rate not to exceed 7 percent per annum, and with such penalties to be collected upon delinquent payments, as the board may determine; but at the option of the owner of property assessed, the whole or any part of the unpaid principal, with interest accruing thereon to the next interest payment date, is payable at any time.
3. A notice of the lien created by such special assessment, separately prepared for each lot affected, shall:
(a) Be delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located.
(b) Be recorded by the county recorder in a book kept by him for the purpose of recording instruments encumbering land.
(c) Be indexed in the real estate index as deeds and other conveyances are required by law to be indexed.
Sec. 13. NRS 318.460 is hereby amended to read as follows:
318.460 1. When the board determines to make any public improvements and determines to defray the whole or any part of the cost or expense thereof by special assessment, the board may, by resolution, at the time it directs such special assessment to be made by the assessor, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the general improvement district at any general or special election, cause to be issued bonds of such district, not exceeding the amount of the assessments outstanding and unpaid, for the purpose of defraying all or part of the cost or expense of such improvements [.] , but not for the purpose of capitalizing interest payments thereon during the construction and development period under any such public improvements determination except during the initial period not to exceed 2 years from the date of issue of the bonds.
2. The bonds shall:
(a) Be signed by the chairman of the district and countersigned by the secretary of the district.
κ1965 Statutes of Nevada, Page 1086 (CHAPTER 413, SB 297)κ
(b) Each be in a denomination in a multiple of $100, but not exceeding $1,000, except bond numbered one may be in an odd denomination.
(c) Be serial in form and maturity, the various annual maturities commencing not later than the third year and ending not later than 15 years after date of issue, and shall mature in equal annual installments; but the first and last installments may be for a greater or lesser amount than the other installments.
(d) Be subject to prior redemption at the option of the district, whenever funds are available therefor, on any interest payment date prior to maturity, at a price equal to the principal amount thereof and with accrued interest to the redemption date.
3. The bonds and coupons shall be payable to bearer and shall be transferable by delivery.
4. The principal of the assessments shall be payable and be collected in semiannual or annual installments, as determined in the resolution providing for the issuance of the bonds, in annual amounts equal to the principal determined each year to accrue for such year on bonds then outstanding, as nearly as may be, and NRS 318.420 shall not apply.
5. Interest on the unpaid assessments shall be at the rate stated in the bonds, and shall be payable and be collected in semiannual or annual amounts sufficient to pay the interest to accrue for such year on bonds then outstanding.
Sec. 14. NRS 318.465 is hereby amended to read as follows:
318.465 [1. The board, without notice to the state board of finance, may issue the bonds, or part thereof, to the contractor or contractors making such improvements, and, in such case, may issue additional of such bonds to pay directly for such other costs or expenses incidental thereto for which assessments were levied; or, at least 3 weeks after mailing notice of sale to the state board of finance, Carson City, Nevada, it may publicly, upon such terms and pursuant to such public notice as the board may direct, or privately sell the bonds issued pursuant to NRS 318.460, the proceeds of which shall be used to defray all or part of the costs or expenses of such improvements; but none of the bonds shall be sold at less than 95 percent of the principal amount thereof, plus accrued interest on the principal amount to the date of delivery.
2. The board may enter into a contract to sell the bonds at any time; but any other provisions of this chapter notwithstanding, if the board so contracts before it awards the contract for making the improvements, the board may terminate the contract to sell the bonds, if, before the awarding of the construction contract, it determines not to make the improvements. If the board ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed file written objections to the improvements, as provided in NRS 318.365, or for any other reason, the contract to sell the bonds shall thereupon be terminated and inoperative.] Bonds shall be publicly sold to the highest bidder; or if no responsible bids are received, such bonds may be privately sold, all sales to be conducted in the manner provided by NRS 318.325. The proceeds of any such sales shall be used to defray all or part of the costs or expenses of such improvements.
κ1965 Statutes of Nevada, Page 1087 (CHAPTER 413, SB 297)κ
Sec. 15. NRS 318.490 is hereby amended to read as follows:
318.490 1. Whenever a majority of the members of the board of county commissioners of any [such] county deem it to be in the best interests of the county and of the district that any such district be merged, consolidated or dissolved, it shall so determine by ordinance, after there is first found, [and] determined and recited in such ordinance that: [all]
(a) All outstanding indebtedness and bonds of all kinds of the district have been paid [.] or will be assumed by the resulting merged or consolidated unit of government.
(b) The services of such district are no longer needed or can be more effectively performed by an existing unit of government.
2. The county clerk shall thereupon certify a copy of the ordinance to the board of such district and shall give notice by publication of:
[1.] (a) The adoption of such ordinance;
[2.] (b) The determination of the board of county commissioners that the district should be dissolved [;] , merged or consolidated; and
[3.] (c) The time and place for hearing on dissolution [.] , merger or consolidation.
Sec. 16. NRS 318.495 is hereby amended to read as follows:
318.495 1. Any taxpaying elector within the district may, on or before the date fixed, protest against the dissolution, merger or consolidation of such district, in writing, which protest shall be filed with the county clerk of such county.
2. If, at or before the time fixed by the ordinance and notice, written protest shall be filed signed by 51 percent or more of the taxpaying electors within the district, the district shall not be dissolved [.] , merged or consolidated. If any written protests are filed and the board of county commissioners determines that the protests so filed represent less than 51 percent of the taxpaying electors of the district, the board may, if it so determines, complete the dissolution, merger or consolidation by the adoption of a final ordinance of dissolution, which ordinance shall contain a recital as to the percentage of protests, and such recital shall be binding and conclusive for all purposes.
Sec. 17. NRS 318.500 is hereby amended to read as follows:
318.500 At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned, the board of county commissioners shall give full consideration to all protests which may have been filed and shall hear all persons desiring to be heard and shall thereafter adopt either the final ordinance of dissolution, merger or consolidation or an ordinance determining that it shall not be dissolved [.] , merged or consolidated.
Sec. 18. NRS 318.505 is hereby amended to read as follows:
318.505 Within 30 days after the effective date of any ordinance dissolving, merging or consolidating the district, the county clerk shall file a copy of the ordinance in his office and shall cause to be filed an additional copy of the ordinance in the office of the secretary of state, which filings shall be without fee and be otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
Sec. 19. NRS 318.510 is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 1088 (CHAPTER 413, SB 297)κ
318.510 1. All property and all funds remaining in the treasury of any district [so dissolved] shall be: [surrendered]
(a) Surrendered and transferred to the county in which the district exists and shall become a part of the general fund of the county [.] , if such district is dissolved;
(b) Transferred to the governmental unit which assumes its obligations and functions, if such district is merged; or
(c) Transferred to the consolidated governmental unit, if such district is consolidated.
2. All outstanding and unpaid tax sales and levies and all special assessment liens of a dissolved district shall be valid and remain a lien against the property against which they are assessed or levied until paid, subject, however, to the limitations of liens provided by general law. Taxes and special assessments paid after dissolution shall be placed in the general fund of the county in which the property was assessed.
3. The board of county commissioners shall have the same power to enforce the collection of all outstanding tax sales of the district as the district would have had if it had not been dissolved, merged or consolidated and the same powers to enforce the collection of special assessments.
4. If any area comprising the district or portion thereof is annexed to a city or town within 6 months from the effective date of the dissolution ordinance, a pro rata share of all such property and funds shall be transferred to the municipality.
Sec. 20. Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 21 to 23, inclusive, of this act.
Sec. 21. 1. The accounts of each district shall be audited annually by a certified public accountant holding a certificate granted pursuant to the provisions of chapter 628 of NRS.
2. Such audit shall be conducted as soon as possible after the close of the districts fiscal year.
3. The board shall file such audit report annually, within 30 days after the completion and certification thereof, with the county clerk of the county within which such district is located. The audit report so filed shall be a public record.
Sec. 21.5. 1. Subject to the provisions of subsection 2, the board may acquire, construct, reconstruct, improve, extend and better lands, works, systems and facilities for public recreation.
2. If the proposed recreational facilities are situated within 7 miles from the boundary of an incorporated city or unincorporated town, and if the county in which the proposed recreational facilities are situated has adopted a recreation plan pursuant to chapter 278 of NRS, the authority conferred by subsection 1 may be exercised only in conformity with such plan.
Sec. 22. 1. Each county assessor, recorder, treasurer or other officer affected by the provisions of this chapter shall annually file with the board of trustees of each district so utilizing his services an itemized statement showing the additional expense to his office caused by the performance of the duties imposed upon him or his office under the provisions of this chapter.
κ1965 Statutes of Nevada, Page 1089 (CHAPTER 413, SB 297)κ
2. Such board shall, by a resolution spread upon its minutes, authorize and order payment made to such officers in an amount, in each case, to be determined by agreement between each such board of trustees and the board of county commissioners for each county affected.
Sec. 23. A district may borrow money and incur or assume indebtedness therefor, as provided in this chapter, so long as the total of all such indebtedness does not exceed 50 percent of the real value of all real and personal property situated within such district.
Sec. 23.5. All incomplete proceedings had and taken by any district under this chapter prior to the effective date of this act, preliminary to and in the acquisition of any project, the levy and collection of any assessment, or the issuance of any interim or temporary bond, or any definitive bond, may, at the option of the board of trustees, be completed after the effective date of this act pursuant to the provisions under which they were begun and shall have full legal force and effect.
Sec. 24. This act shall become effective upon passage and approval.
________
Senate Bill No. 300Senator Titlow
CHAPTER 414
AN ACT appropriating the sum of $50,000 to the state public health facilities construction assistance fund for the purpose of constructing the Nye General Hospital at Tonopah, Nye County, Nevada; expressly limiting the use of such appropriated funds; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing moneys in the state public health facilities construction assistance fund, created pursuant to the provisions of NRS 449.400, for the express and only purpose stated in section 2, there is hereby appropriated from the general fund in the state treasury the sum of $50,000 to the state public health facilities construction assistance fund.
Sec. 2. Notwithstanding the provisions of any other law, the health division of the department of health and welfare shall not expend any of the moneys appropriated by section 1 except for the construction of the Nye General Hospital at Tonopah, Nye County, Nevada, pursuant to the provisions of the Nevada Health Facilities Assistance Act, being NRS 449.250 to 449.430, inclusive. If no application for a health facility construction project relating to the Nye General Hospital is made to the health division of the department of health and welfare within 8 years from the effective date of this act, then the moneys appropriated by section 1 shall revert to the general fund in the state treasury notwithstanding the provisions of NRS 449.400.
κ1965 Statutes of Nevada, Page 1090 (CHAPTER 414, SB 300)κ
Sec. 3. The state controller is hereby authorized and directed to transfer the sum appropriated by section 1 forthwith from the general fund to the state public health facilities construction assistance fund.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 304Senator Bay
CHAPTER 415
AN ACT to amend NRS section 483.280, relating to instruction, restricted instruction and temporary drivers permits, by providing a minimum age for licensed drivers who accompany holders of instruction permits.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.280 is hereby amended to read as follows:
483.280 1. Any person who is at least 151/2 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 is at least 21 years of age, 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.
κ1965 Statutes of Nevada, Page 1091 (CHAPTER 415, SB 304)κ
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. 2. This act shall become effective at 12:05 a.m. on July 1, 1965.
________
Senate Bill No. 306Senator Monroe
CHAPTER 416
AN ACT validating all ordinances enacted, obligations incurred and other actions taken by the City of Elko pursuant to chapter 84, Statutes of Nevada 1917, as amended; repealing an act entitled An Act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1917, as amended; providing for an election as a condition precedent to such repeal; and providing other matters properly relating thereto.
[Approved April 13, 1965]
Whereas, The charter of the City of Elko, being chapter 84, Statutes of Nevada 1917, provided at the time of its enactment and still provides that it may be amended by vote of the electors of the city; and
Whereas, The method of amendment so provided is not exclusive, because the legislature, having granted the charter, may amend or repeal it at any time; and
Whereas, The charter has been several times amended by the legislature pursuant to its inherent reservation of this power; and
Whereas, Questions have been raised concerning the validity of acts done, ordinances enacted and obligations incurred by the City of Elko pursuant to the amended provisions of its charter; and
Whereas, The legislature finds and declares it advisable to validate the actions so taken; and
Whereas, The legislature further finds that the general welfare of the State of Nevada and in particular of the inhabitants of the City of Elko will be served by affording such inhabitants the opportunity to adopt a new charter; and
Whereas, The legislature has before it a special act creating such new charter; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. All ordinances enacted, obligations incurred and other actions taken by the board of supervisors or other duly authorized public officers and employees of the City of Elko pursuant to the charter of such city, being chapter 84, Statutes of Nevada 1917, as amended by vote of the people pursuant to section 79 thereof and as amended by subsequent acts of the legislature of the State of Nevada, are hereby validated, ratified, approved and confirmed. This section shall apply to all amendments of such charter by the 53rd session of the legislature, whether enacted before or after passage and approval of this act.
κ1965 Statutes of Nevada, Page 1092 (CHAPTER 416, SB 306)κ
to all amendments of such charter by the 53rd session of the legislature, whether enacted before or after passage and approval of this act.
Sec. 2. 1. The board of supervisors of the City of Elko shall submit to the qualified electors of the city at a municipal, primary, general or special election, within 2 years after passage and approval of this act, the question whether the city charter, being chapter 84, Statutes of Nevada 1917, as amended, shall be repealed. For the purpose of this section, qualified elector means a voter registered pursuant to chapter 293 of NRS at the time such election is held.
2. The board shall fix by resolution the election at which the question is to be submitted, and the date of such election of a special election is chosen. The board shall then cause to be published, not less than 15 days prior to the date of such election if the question is submitted at the municipal election of 1965, and not less than 30 nor more than 60 days prior to the date of any other election chosen, a notice that there will appear on the ballot the proposition for the repeal of the charter in substantially the following terms: For the repeal of the charter and Against the repeal of the charter.
3. The board may by resolution make any necessary provision for a special election not inconsistent with the election laws of this state; otherwise, the election shall be held in accordance with the election laws of this state. Following the election and canvass of returns, if it is found that a majority of the votes cast on the issue have been cast for the repeal of the charter, the board shall proclaim it repealed.
4. Upon the date of the proclamation of repeal provided in subsection 3, the charter of the City of Elko, being chapter 84, Statutes of Nevada 1917, as amended, shall by virtue of this act stand repealed; but if, following the election and canvass of returns, it is found that a majority of the votes cast on the issue have been cast against the repeal of the charter, such charter shall continue in full force and effect.
Sec. 3. Section 1 of this act shall become effective upon passage and approval. Section 2 of this act shall become effective only if there is enacted by the 53rd session of the legislature of the State of Nevada a new charter for the City of Elko to become effective upon the date of repeal of the present charter.
________
κ1965 Statutes of Nevada, Page 1093κ
Senate Bill No. 307Senator Monroe
CHAPTER 417
AN ACT incorporating the City of Elko, in Elko County, Nevada, and defining the boundaries thereof, under a new charter; providing that such charter shall become effective only if the original charter is repealed; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
CHAPTER I
Organization-Boundaries-Annexation of Adjacent Territory-Wards-Powers
Section 1. Creation of Municipality. All persons, inhabitants of that portion of Elko County, Nevada, embraced within the limits hereinafter set forth shall be and constitute a body politic and corporate by the name and style of The City of Elko, and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The territory embraced in said city is that certain land situate in the county of Elko, State of Nevada, described as follows:
Commencing at the northwest corner of the southeast quarter of section nine, township thirty-four north, range fifty-five east, M.D.B. & M., running thence east and parallel with the boundary lines between townships thirty-four and thirty-five north, range fifty-five east, two and one-half miles, to the northeast corner of the southeast quarter of section eleven, thence at right angles south two miles to the southeast corner of the northeast quarter of section twenty-three, thence at right angles west two and one-half miles to the southwest corner of the northeast quarter of section twenty-one, thence at right angles north two miles to the place of beginning, being the southeast quarter of section nine, south half of section ten, south half of section eleven, all of section fourteen, all of section fifteen, east half of section sixteen, northeast quarter of section twenty-one, north half of section twenty-two, and the north half of section twenty-three, all in township thirty-four north, range fifty-five east, M.D.B. & M.; and which shall include all the inhabitants, lands, tenements and real and personal property within the said boundaries and within the said divisions and subdivisions of land hereinabove described, and all other lands and tenements validly annexed to the City of Elko after March 14, 1917, and prior to the effective date of this act, and also, such other and additional lands and tenements as may, at any time hereafter, be embraced or included within established limits of said city in the manner provided by this charter or otherwise provided by law. Such city shall have such powers, rights, authority, duties, privileges and obligations as are hereinafter set out and prescribed.
κ1965 Statutes of Nevada, Page 1094 (CHAPTER 417, SB 307)κ
Sec. 2. The Annexation of Adjacent Territory-Manner of Procedure Of.
1. Territory adjoining and contiguous to the corporate limits of the city of Elko may be annexed to said city upon application therefor in writing describing said territory by metes and bounds, signed by a majority of persons residing within such territory, who are qualified to vote for the members of the legislature of the State of Nevada and who are taxpayers in the county of Elko, such petitioners to possess both of said qualifications. Upon the filing of such petition the board of supervisors shall cause to be given notice thereof by publication in a newspaper printed and published in said city at least once, and at least ten days prior to the meeting of said board, at which said petition may be acted upon. At such meeting the said board shall either accept or reject the said petition and declare or refuse to declare annexed to said city the property described in said petition.
2. If at any time before or after the effective date of this act, the legislature of the State of Nevada enacts any general law providing for the annexation of land to incorporated cities, such law shall upon its effective date supersede the provisions of subsection 1.
Sec. 3. Wards. The city of Elko shall consist of four wards for the purpose of convenience of holding elections, but all elective officers shall be elected by the voters of said city at large.
Sec. 4. Specific Powers. The said city shall have and be vested with all the rights, powers, property, and things of every kind formerly belonging to the town of Elko or now belonging to the City of Elko, and shall assume and pay all bonds, obligations, and indebtedness of said town or city of Elko now outstanding or which may exist at the time of the adoption of this charter, and may have and use a common seal and the same alter at pleasure, and may 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; and may determine and declare what are public uses, for the purposes of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devises, gifts, and donations of all kinds of property, within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every, and all acts and things whatsoever, 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, devise, gift, donation, or trust.
Sec. 5. General Municipal Powers and Duties. The City of Elko shall have and be vested with all powers and shall be charged with all duties provided:
1. By any general law, whether enacted before or after the effective date of this act, which applies to incorporated cities and which does not expressly exclude:
(a) Cities chartered by special act of the legislature; or
(b) The City of Elko.
2. By any special law, whether enacted before or after the effective date of this act, which expressly applies to the City of Elko.
κ1965 Statutes of Nevada, Page 1095 (CHAPTER 417, SB 307)κ
CHAPTER II
Officers-Elections-Claims and Accounts-Ordinances-Recall-Impeachment-Arrests
Section 1. Assumption of Duties. All officers and employees of the city shall assume and perform their duties pursuant to this charter when it becomes effective as provided in section 80 of this chapter.
Sec. 2. Officers-Elective. The elective officers of the city of Elko shall consist of a mayor and four supervisors.
Sec. 3. Officers, Election of-Election, When and How Held-Supervisors
1. The incumbent mayor and supervisors of the city of Elko shall hold office after the effective date of this charter for the remainder of the terms to which they were respectively elected.
2. On the first Tuesday after the first Monday in May 1967, and at each successive interval of four years thereafter there shall be elected at large by the qualified voters of the city of Elko at a general election to be held for that purpose a mayor in and for said city who shall hold office for a period of four years and until his successor shall have been elected and qualified. On the first Tuesday after the first Monday in May 1967, and at each successive interval of two years thereafter, there shall be elected at large by the qualified voters of said city two supervisors who shall hold office for four years and until their successors shall have been elected and qualified. The board of supervisors of said city shall order the general election and shall determine the places in said city for holding the same, and the mayor of said city shall make proclamation thereof, and otherwise said election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure on the part of the general election laws of the state to provide for some feature of said city election then the board of supervisors of said city of Elko shall have the power to provide for such deficiency.
Sec. 3.5. The board of supervisors may and they are hereby empowered to provide for the registration of electors for any and all city elections, both regular and special, to provide for conducting all such elections, establishing election precincts and wards and changing the same, and appointing the necessary officers of election; provided, however, that they may, at their option, and without the enactment of ordinance, proceed in accordance with the provisions of the general election laws of the State of Nevada wherever the same can be made applicable.
Sec. 4. Officers, Election of-Canvas of Returns, When and by Whom-Tie Vote Procedure. On the Tuesday following said election, or as soon thereafter as practicable, the board of supervisors of the city of Elko then in office shall canvass the returns and declare the election of the candidates receiving the highest number of votes. And in the event it should appear that a tie vote exists as to any two or more of the candidates for any office made elective by popular vote the board of supervisors of the city of Elko shall forthwith summon the candidates who have received such tie votes to appear before such board, and such board in the presence of such candidates shall determine the tie by lot.
κ1965 Statutes of Nevada, Page 1096 (CHAPTER 417, SB 307)κ
the candidates who have received such tie votes to appear before such board, and such board in the presence of such candidates shall determine the tie by lot. The board of supervisors of said city of Elko shall thereupon cause to be issued to each of the successful candidates for said elective offices, a certificate of election, and such certificate or a certified copy thereof shall be received in evidence in any court in this state as prima facie evidence of the election of such officer.
Sec. 5. The county assessor of the county of Elko shall be ex officio assessor of the city of Elko; said officer shall perform the duties of his office under said city without extra compensation, but for the performance of the duties of city assessor relative to special assessments as in this act provided, the board of supervisors, upon the request of the city assessor, may appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments. The board of supervisors shall fix and pay the deputy such compensation as they deem fit. Said county assessor shall be liable on his official bond for the faithful discharge of the duties imposed on him by this act. The board of supervisors shall appoint a city clerk who shall be ex officio city treasurer, the salary of the combined offices to be fixed, allowed and paid by said board. The city clerk shall be the ex officio license collector of the city of Elko. Said board may also in its discretion appoint a city attorney at a salary to be fixed by said board or may in its discretion employ and compensate an attorney from time to time for such legal advice or services as they may deem necessary. Said board shall appoint a chief of police at a monthly salary to be fixed by said board; also a judge of a municipal court at a salary to be fixed by said board. The board shall cause an audit of the city books and accounts, to be performed and rendered after the close of each fiscal year of said city or oftener in the discretion of said board. Said audit shall be made by a certified public accountant to be appointed annually by the board of supervisors; said accountant to be paid for his services from time to time as the same are rendered. The board of supervisors may from time to time ordain and establish other offices with the right to fill the same by appointment and prescribe the duties thereof. The duties and compensation of the appointive officers shall be fixed, allowed, and paid by the board of supervisors out of such city funds as the board may designate. Any one or more of such appointive offices, may, in the discretion of the board of supervisors be combined and the duties thereof discharged by one person.
Sec. 5.5. The county clerk of the county of Elko shall be ex officio registry agent of the city of Elko, and for services performed as such agent shall be allowed by the board of supervisors and shall be paid out of the fund of said city the sum of fifteen cents per name for each and every elector registered. Said board of supervisors may also, at their discretion, and they shall, whenever a petition be presented to them signed by a majority of the qualified electors of said city, or whenever so directed by a majority vote in any election, appoint a city manager, provide his duties and authority and fix his compensation at a sum per year to be determined by the said board of supervisors, which shall be paid in the same manner as other claims against the city are paid.
κ1965 Statutes of Nevada, Page 1097 (CHAPTER 417, SB 307)κ
city are paid. The city manager shall be the chief executive officer of the city. He shall be chosen by the board of supervisors solely on the basis of his qualifications for the position, taking into consideration his educational preparation, age, experience, executive and administrative ability, character and reputation, and in such selection the choice shall not be limited to inhabitants of the city nor of the state. The city manager shall be appointed for an indefinite period, and he may be removed by the board of supervisors. If removed at any time after having served six months, he may demand written charges and a public hearing on the same before the board of supervisors prior to the date on which his final removal shall take effect, but during said interval the board of supervisors may suspend him from office. During the absence or disability of the city manager the board of supervisors shall designate some properly qualified person to perform the duties of the office. The city manager shall be responsible to the city supervisors for the proper administration of all affairs of the city, and to that end shall make all appointments, with the consent and approval of a majority of the city council, except as otherwise provided in this charter. Except when the city supervisors are considering his removal, the city manager shall be entitled to be present at all meetings of the city supervisors and of their committees and to take part in their discussions. Neither the board of city supervisors nor any of its committees or members shall dictate the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager or prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the supervisors and its members shall deal with the administrative service solely through the city manager, and neither the board of supervisors nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately. And such dictation, prevention, orders, or other interference on the part of a member of the board of supervisors with the administration of the city shall be deemed to be a misdemeanor, and any member upon conviction thereof shall be subject to a fine not exceeding $100 or to removal from office, or to both such fine and removal. In the event that a city manager be employed, the duties of the city supervisors as heads of departments shall cease during the period of such employment and be subservient to the provisions of this section.
Said board of supervisors may also, at their discretion, appoint a city engineer and define his duties. Such appointee shall be a registered and competent engineer and his appointment shall be solely upon the basis of his qualifications as an engineer, said supervisors being the sole judges of his qualifications. Said board of supervisors may, at their discretion, combine the positions of city manager and city engineer and may fix the compensation for such combined position in a sum per year to be determined by said board of supervisors, which shall be paid in the same manner as other claims against the city are paid. The appointee to said combined position shall be subject to all of the provisions herein applicable to the city manager.
Sec. 6. Officers, Elective-Qualifications Of. The mayor and each of the said four supervisors shall not be less than 25 years of age, citizens of the United States, and for at least two years immediately preceding their election residents of the city of Elko, qualified voters who are property owners and taxpayers in said city.
κ1965 Statutes of Nevada, Page 1098 (CHAPTER 417, SB 307)κ
of the said four supervisors shall not be less than 25 years of age, citizens of the United States, and for at least two years immediately preceding their election residents of the city of Elko, qualified voters who are property owners and taxpayers in said city. All of the officers made elective by the popular vote shall within thirty days after the result of the election is ascertained, qualify as required by this charter and the constitution and laws of the State of Nevada, and failing to do so within the said time, such office shall be and become vacant.
Sec. 7. Official Oath, Qualification. Every person elected by the voters of said city or by the board of supervisors to fill any office under this act, shall, before entering on the duties of his office take and subscribe to the official oath provided by the constitution of this state; and in addition thereto that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government of the city of Elko. All official bonds herein provided for shall be filed with the city clerk of said city, with the exception of the bond of said clerk, which shall be filed and recorded in the office of the county recorder of the county of Elko. All elective officers herein provided for shall enter upon their duties upon receiving their certificate of election and upon filing their oath of office and bond duly approved by the district judge as in this act provided.
Sec. 8. Officers, Bonds of-Approved by District Judge. All officers elected by popular vote before entering upon the duties of their respective offices shall give bond in the sum of $5,000, and all appointive officers whose bonds are not herein otherwise provided for shall give bond in such sum as may be fixed by the board of supervisors of said city, payable to the city of Elko, Elko County, Nevada, conditioned for the faithful discharge of the duties of the office, which bond shall be signed by the principal and by two or more good and sufficient sureties to be approved by the district judge. The sureties may become severally liable in amounts not less than $500 each, and each surety shall justify by subscribing to an affidavit annexed to said bond, to the effect that he is worth the sum for which he becomes liable, in property not exempt from execution, over his just debts and liabilities.
Sec. 9. Mayor and Supervisors, Salary of. The mayor of the city shall receive as remuneration for services as such a sum not to exceed $2,400 per annum. Each of the supervisors of the city shall receive as remunerations for services as such a sum not to exceed $1,800 per annum. Salaries of the mayor and each supervisor shall be payable in equal monthly installments.
Sec. 9a. The board of supervisors shall have the power to employ a superintendent of streets and water-works for said city of Elko, who shall have under his special charge, subject to the control of the board of supervisors, the supervision of streets, alleys, public grounds and the water-works system of the said city of Elko, and shall be charged with the duty of keeping the streets, alleys, public grounds, and the water-works system in proper and sanitary condition and developing the same; said superintendent shall receive as remuneration for his services the sum of twenty-four hundred dollars per annum, payable out of the general fund of said city in twelve monthly installments.
κ1965 Statutes of Nevada, Page 1099 (CHAPTER 417, SB 307)κ
Sec. 10. Supervisors Not to Hold Other Office-Officers Not to Contract with City or Make Bonds to City-Forfeiture of Office. No member of the board of supervisors shall hold any other public office or employment under the county of Elko, nor have employment thereunder, nor receive compensation for any other position or office which is paid out of the public money of the city of Elko, nor be elected nor appointed to any office created by or the compensation of which was increased or fixed by the board of supervisors while he was a member thereof. Nor shall any member of the board of supervisors of the city of Elko be pecuniarily interested directly or indirectly in any contract let by the city, nor in any matter wherein the rights or liberties of the city of Elko are, or may be, involved; nor shall any member of the board of supervisors of the city of Elko be interested directly or indirectly in any public work or contract let, supervised or controlled, or which shall be paid for wholly or in part by the city, nor shall any such supervisor become the surety of any person on any bond or other obligation of the city of Elko. Any member of the board of supervisors of the city becoming interested directly or indirectly as aforesaid, or by commission, or retainer, or fee, or by gift, or loan given or received at the time of the transaction or before or after the same, in any contract, franchise, work, purchase, or sale, by or with any of the agencies aforesaid, shall forfeit all rights or claim to the title and emoluments of the office which he may happen to hold in said city, and shall be expelled therefrom by the board of supervisors, or, if they shall fail to remove said member of the board of supervisors, guilty as aforesaid, he shall nevertheless by subject to removal upon the action of any five citizens taken in the district court of Elko County in such proceedings as are appropriate and proper.
Sec. 11. Officers, Elective-Removal of-Investigation. The board of supervisors shall have the power to remove any elective officer for incompetency, corruption, malconduct, malfeasance or nonfeasance in office, or such other causes as may be prescribed by ordinance after notice in writing and opportunity to be heard in his defense, under the rules and regulations herein set forth. That whenever charges are preferred in writing under oath, against any such officer for any or all of the offenses named or provided for above, it shall be the duty of said board to have the accused duly served with a copy of such charges, and shall set a day to inquire into the truth of such charges, and shall notify the accused and other members of the said board, and the witnesses for and against the accused to be present and the said board of supervisors shall constitute a court to try and determine the case, and they are hereby vested with the exclusive jurisdiction to hear and determine said charges, and may continue the investigation from day to day upon proper showing to enable the accused or prosecutor to get material evidence before said board. The accused shall have the right to be heard in person or by counsel or both and said board shall likewise be represented by counsel, if they desire it. Upon the conclusion of the investigation and argument of the case, a vote shall be taken on each charge and specification, and if a majority of all the members of said board vote to sustain any such charge against the accused, said board shall enter or cause to be entered its judgment, in which shall be recorded the vote of each member of the board, upon the several charges and specifications, and an order shall be entered removing the accused from his office and declaring the same vacant.
κ1965 Statutes of Nevada, Page 1100 (CHAPTER 417, SB 307)κ
be recorded the vote of each member of the board, upon the several charges and specifications, and an order shall be entered removing the accused from his office and declaring the same vacant. But if the vote is otherwise, the accused shall be declared not guilty and judgment entered accordingly, but such judgment shall not be prejudicial to the rights of recall as hereinafter provided.
Sec. 12. Recall of Officer-Procedure-Election of Successor. The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows: A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least twenty per centum of the entire number of persons entitled to vote in said city at said time, demanding an election for the recall of, or for the election of a successor to the person sought to be removed, shall be filed with the city clerk; provided, that the petition sent to the city clerk shall contain a general statement, in not more than 200 words, of the grounds for which the removal is sought. The signatures to the petition need not be all appended to one paper, but each signer shall add to his signature his place of residence, giving his street and number. One of the signers of each of such papers shall make an oath before an officer competent to administer oaths that each signature is that of the person whose name purports to be thereunto subscribed. Within ten days from the filing of such petition, the city clerk shall examine same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters, and if necessary the supervisors shall allow him extra help for that purpose, and he shall forthwith attach to said petition a certificate showing the result of said examination. If by the clerks certificate the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate. The clerk shall within ten days after such amendment, make like examination of the amended petition, and if his certificate shall show same to be insufficient, it shall be returned to the person filing the same, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found sufficient the clerk shall submit the same to the supervisors forthwith. If the petition shall be found to be sufficient, the board shall order and fix a date for holding the said election not less than thirty nor more than forty days from the date of the clerks certificate to the board that a sufficient petition is filed. Provided, however, that if such officer shall offer his resignation within five days after the filing of the petition aforesaid, such resignation shall be accepted, and the vacancy thereby caused shall be filled in the manner provided by law; if such officer shall not resign, he shall continue to perform the duties of his office until the result of said special election shall be finally declared. The board shall make or cause to be made publication of notice and all arrangements for holding such election, and the same shall be conducted, returned, and the result thereof declared in all respects as are other city elections. On the ballot at said election there shall be printed verbatim, as set forth in the recall petition, the reason for demanding the recall of said officer, and, in not more than 200 words, the officers justification of his course in office, if furnished by him.
κ1965 Statutes of Nevada, Page 1101 (CHAPTER 417, SB 307)κ
the recall petition, the reason for demanding the recall of said officer, and, in not more than 200 words, the officers justification of his course in office, if furnished by him. If there be no other candidate nominated to be voted for at said special election there shall be printed on the ballot the name off the officer sought to be recalled, the office which he holds and the words For Recall and Against Recall; if there be other candidates nominated for the office to be voted for at said special election, there shall be printed upon the ballot the name of the officer sought to be recalled, and the office which he holds, and the name or names of such other candidates as may be nominated to be voted for at said special election, and the words For Recall and Against Recall shall be omitted; in other respects the ballot shall conform with the requirements of the general election laws applicable to city elections. If there be other candidates nominated to be voted for at the special election, the candidate who shall receive the highest number of votes at said special election, shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed or another. If any officer be recalled upon such special election, and other candidates are not nominated to be voted for at such special election, the vacancy thereby created shall be filled in the manner provided by law. No petition for the recall of any public officer shall be circulated or filed against any such officer until he has actually held his office six months. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless said further petitioners shall pay into the public treasury, from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election.
Other candidates for the office may be nominated to be voted for at said special election by petition, which said petition shall be signed by the qualified electors of said city qualified to vote for a successor of such incumbent equal in number to 20 percent of the entire number of persons entitled to vote in said city at said time. Said nominating petition shall be filed with the officer with whom the said recall petition is filed, at least fifteen days prior to the date of said special election.
Sec. 13. Vacancy in Office-Resignation-Election of Successors. Resignation by any supervisor elected under this act, or any other charter officer created by this act, shall be made in writing to the board of supervisors for their action thereupon. In case of the removal of the domiciles of the mayor or any supervisor or any other charter officer from the territorial limits of said city, such removal shall ipso facto be deemed to create a vacancy in his office. In case of any vacancy from any cause in the office of mayor or any supervisor, the same shall be filled for the unexpired term by a majority vote of the remaining members of the board.
Sec. 14. Oaths, Who May Administer. Each supervisor and the city clerk shall be and are hereby authorized to administer oaths in the municipal affairs and government of the city.
Sec. 15. Said board of supervisors so constituted shall have control and supervision over all of the departments of said city, and to that end shall have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management, and operation of all the departments of said city, whatever agencies may be created for the administration of its affairs.
κ1965 Statutes of Nevada, Page 1102 (CHAPTER 417, SB 307)κ
and supervision over all of the departments of said city, and to that end shall have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management, and operation of all the departments of said city, whatever agencies may be created for the administration of its affairs. The mayor shall designate from among the supervisors, at the first meeting of the board after their election and qualifications, at each election, or as soon thereafter as may be practicable, one supervisor who shall be known as Police Supervisor, who shall be the executive officer of his department and who shall have under his special charge the enforcement of all police regulations of said city, and who shall have the power to employ policemen and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over said department that he may deem necessary for the improvement of the service in said department; provided, however, his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the supervisors; and one supervisor to be known as Supervisor of Streets, Water-Works, and Public Property, who shall be the executive officer of his department, and who shall have under his special charge the supervision of streets, alleys, public grounds, water-works, and property of said city, and be charged with the duty of keeping the streets and alleys, public grounds and property clean and in a sanitary condition, the water-works in working condition and developing the same, and with the enforcement of all rules and regulations necessary to these ends; and one supervisor to be known as the Supervisor of Fire, Sewerage, and Light, who shall be the executive officer of his department and who shall see to the enforcement of all rules and regulations with respect to said departments, and shall see that all contracts of the grant of any franchise privileges are faithfully complied with, and performed; and who shall have general supervision over fire department and the power to employ firemen and to discharge them at any time when, in his discretion, such action will improve the service, and to exercise any power and control over said departments; provided, however, that his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the board of supervisors; and one supervisor known as the Supervisor of Finance and Revenue, who shall be the executive officer of his department, and who shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to said city, from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of the city; it being the purpose of this act to charge each supervisor in control of the department with its management, and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time when in his discretion it is for the best interests of the service in any department under the special charge of any supervisor to recall the appointment of such supervisors and designate another supervisor as a supervisor over another department.
κ1965 Statutes of Nevada, Page 1103 (CHAPTER 417, SB 307)κ
Sec. 16. Mayor, Powers and Duties. The mayor shall be the chief executive officer of the city of Elko and shall be ex officio president of the board of supervisors, and shall see that all the laws thereof are enforced; he shall be clothed with all the authority that is now or may hereafter be vested in a mayor by general law so far as the same may be applicable and not in conflict with this act. He shall have and exercise such power, prerogative and authority, acting independent of or in concert with the board of supervisors, as are conferred by the provisions of this act, as may be conferred upon him by the board of supervisors, and not inconsistent with the general purpose and provisions of this charter, and shall have the power to administer oaths, and shall sign all contracts and shall have the right and authority at any time to suspend any officer or employee of the city subject to the provisions of this act; provided, however, he shall not have the right to remove one of the supervisors of the city or other charter officer except by acting in concert with the other members of the board of supervisors when present and may vote on all questions the same as other supervisors. In the event of a vote in an acting board consisting of four members including the mayor, which shall result in a vote of two against two, the manner in which the vote is cast by the mayor shall determine the question.
Sec. 16.5. Mayors Power to Remit Fines, Forfeitures and Release Prisoners. The mayor may remit fines and forfeitures and release any person imprisoned for violation of any city ordinance, and he shall report such remittance or release, with the cause thereof, to the board of supervisors at its next meeting.
Sec. 17. Claims and Accounts-Warrants, How Issued-Financial Statements, Publication Of. The supervisor named at the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another supervisor to act in his stead during his absence, or to audit such claims or accounts as said supervisor shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of supervisors and no money shall be paid for any purpose except upon warrant executed by the mayor and attested by the city clerk upon order of the board. The city clerk shall certify the claim when so allowed by the board, to the city auditor, who shall, if such claim is approved by him, draw a warrant upon the treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the treasurer, the same shall be paid by him. The auditor shall have the same power of veto that he now exercises in regard to county claims, and the board shall have the right to pass a claim over such veto by a vote of four members of such board. All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190. The supervisors shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose.
Sec. 18. Board of Supervisors-Meetings-Special Meetings-Quorum. The board of supervisors created by this act shall meet at least once a month in a regular meeting at such time as shall be fixed by said board, at the city hall or other designated place in said city, to consider and take under advisement and act upon such business as may come before them.
κ1965 Statutes of Nevada, Page 1104 (CHAPTER 417, SB 307)κ
once a month in a regular meeting at such time as shall be fixed by said board, at the city hall or other designated place in said city, to consider and take under advisement and act upon such business as may come before them. Three supervisors or the mayor and two supervisors shall constitute a quorum for the transaction of all business, but no final action shall be taken in any matter concerning the special department of any absent supervisor unless such business has been made a special order of the day, or such action is taken at a regular meeting of the board; provided, that no bonds may be issued nor taxes levied except at a regular meeting attended by at least three supervisors and the mayor, or by four supervisors without the mayor. Special meetings may be called by the mayor or by any two supervisors at any time to consider only such matters as shall be mentioned in the call for said meeting. Written notice of such special meeting shall be given to each member of said board by certified mail, with the postage and certification charges prepaid, and addressed to each member of said board at Elko, Nevada, at least three days prior to the time for such special meeting. The certification receipts showing that such notices have been sent by certified mail shall be conclusive evidence that such notice has been given as herein provided, and that such special meeting was held pursuant to notice duly, regularly, and legally given. Any proceedings had at any special meeting of said board wherein all of the members thereof shall be present shall be as legal and valid as if had at a regular meeting or at a special meeting upon due notice. A special meeting may be held by unanimous written consent at any time without the giving of the notice hereinabove provided for. Any action of a majority of the board of supervisors, although not at a regularly called meeting, and the record thereof, if assented to in writing by all of the other members of the board, shall always be as valid and effective in all respects as if passed by the board in regular meeting. All official sessions of said board, whether regular or called, shall be open to the public.
Sec. 19. The board of supervisors of the city shall be vested with the power and charged with the duty of making all laws or ordinances not inconsistent with the constitution of this state or with this charter touching every object, matter and subject within the local government instituted by this act, and the style of all ordinances shall be: Be it ordained by the Board of Supervisors of the City of Elko, but such caption may be omitted when such ordinances are published in book form.
Sec. 20. Board of Supervisors-Procedure-Impeachment. The board of supervisors shall determine its own rules of procedure in so far as the same do not conflict with this act, may punish its members for disorderly conduct, shall compel the attendance of its members, and with the concurrence of a majority of the members elected, may impeach and expel any member. Any member of the board of supervisors who shall have been convicted of bribery or any other felony, or who shall violate any other provision of this act, shall forfeit his office and emoluments attached thereto.
Sec. 21. Vice-President-Election and Term of Office. At the first regular meeting of the board of supervisors after each municipal election, it shall be the duty of the board to elect one of its members by a majority vote of the board who shall be known and designated as vice-president, and he shall continue to hold the title and the office until the expiration of the term of office for which he was elected by the supervisors; but he shall receive no extra pay by reason of being or acting as vice-president.
κ1965 Statutes of Nevada, Page 1105 (CHAPTER 417, SB 307)κ
regular meeting of the board of supervisors after each municipal election, it shall be the duty of the board to elect one of its members by a majority vote of the board who shall be known and designated as vice-president, and he shall continue to hold the title and the office until the expiration of the term of office for which he was elected by the supervisors; but he shall receive no extra pay by reason of being or acting as vice-president.
Sec. 22. Vice-President-Duties-Procedure in Absence of Mayor and Vice-President. If for any reason the mayor is absent from the city, sick or unable to perform the duties of his office, the vice-president shall act as mayor, and he shall be vested with all the powers and shall perform all the duties of the mayor during such absence or sickness. In case of the absence of both the mayor and the vice-president, the remaining supervisors shall elect one of their number to act instead of the mayor or vice-president.
Sec. 23. Vice-President-Duties-Title-When to Serve as Mayor.
1. In case of the death, resignation, or permanent disability of the mayor, or whenever a vacancy in the office of mayor shall occur for any reason, the vice-president shall act as mayor and possess all the rights and the powers of the mayor and perform all of his duties under the official title, however, of vice-president and ex officio acting mayor, until the next municipal election. The board shall, by appointment, fill the vacancy thus created in the office of supervisor.
2. If the regular term of the mayor, as provided in section 3 of this chapter, does not expire at such next municipal election, a mayor shall be elected for the remainder of the unexpired term; and the vice-president, if he is not elected to the office of the mayor and if his term as supervisor has not expired, shall serve out the remainder of his unexpired term as supervisor.
Sec. 24. Board of Supervisors-Investigations by-Contempt-False Swearing. The mayor and the board of supervisors may, and it shall be their duty, at any time, to investigate each and every department of the city government and the official acts and conduct of the city officials, and for the purpose of ascertaining facts in connection with such investigation, shall have the power to compel the attendance and testimony of witnesses, to administer oaths, and to examine such persons as they may deem necessary, and compel the production of books and documents. Failure by any one to appear when served by a notice so to do shall be contempt, which may be punished by fine, and in default of the payment thereof, the person so fined may be imprisoned. Wilful, false swearing in such investigations and examination shall be perjury and punishable as such.
Sec. 25. Officers, Subordinate-Duties Restricted and Altered-Bonds. The board of supervisors shall have the power, and it shall be their duty to prescribe by ordinance, the powers and duties of all officers of the city, whether elected or appointed, where the same have not been provided for in this act, and shall have authority from time to time to add thereto, alter or restrict the same, and shall require of all such officers as they may deem necessary, to execute bonds payable to the city of Elko in such amount and form as the board of supervisors may provide, with good and sufficient sureties, to be approved by the board of supervisors, conditioned for the faithful discharge of their respective duties.
κ1965 Statutes of Nevada, Page 1106 (CHAPTER 417, SB 307)κ
by the board of supervisors, conditioned for the faithful discharge of their respective duties. The board of supervisors shall have the power at any time to require any of such officers to execute a new bond or bonds when the existing bond or bonds shall, for any reason, be deemed by the board insufficient.
Sec. 26. Police-Duties. For the preservation of the peace, the police and watchmen shall have all the powers given by law to constables. It shall be their duty to suppress all riots, disturbance and breaches of the peace; to arrest all persons fleeing from justice, to apprehend upon view any person found in the act of committing any offense against the laws of the state, or violating the ordinances of the city, and to take the offender before the proper magistrate or officer to be punished; to make complaints before the proper magistrate of any person known or believed by them to be guilty of crime or any violation of the ordinances of the supervisors, and to serve all processes that may be delivered to them for that purpose, and generally to perform all such duties as may be required by the supervisors for the good government of the city.
Sec. 27. Municipal Court. There shall be in said city a municipal court; the papers, pleadings filed therein, and processes issuing therefrom shall be entitled In the Municipal Court of the City of Elko.
Sec. 28. The municipal court shall be presided over by a police judge, who shall be a citizen of the state and resident of the city for not less than one year and who shall be a qualified elector of the city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for a justice of the peace, wherein any person or persons are charged with a breach or violation of the provisions of any ordinance of the city or of this act, or of a violation of a municipal nature, and the court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of the city and be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The court shall have exclusive 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 the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings in the court shall conform, as nearly as practicable, to the practice and proceedings of the justices courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city or county jail, at the rate of one day for every four dollars of such fine, or the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of the city, at a rate of four dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
The court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also of actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars; also for the breach of any bond given by any officer or person to or for the use or benefit of the city, and any action for damages in 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 court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also for the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be in 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 for by law for certification of causes by justices courts.
κ1965 Statutes of Nevada, Page 1107 (CHAPTER 417, SB 307)κ
thereof does not exceed three hundred dollars; also of actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars; also for the breach of any bond given by any officer or person to or for the use or benefit of the city, and any action for damages in 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 court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also for the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be in 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 for by law for certification of causes by justices courts.
The court shall have jurisdiction of offenses committed within the city, which violate the peace and good order of the city, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive, or opprobious conduct, and of all offenses under ordinances of the city.
The court shall be treated and considered as a justices court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of the court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justices of the peace.
The police judge shall keep a docket in which shall be entered all official business in like manner as in justices courts. He shall render monthly or oftener, as the supervisors may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report.
In all cases in which the police judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of the county, on the written request of the mayor, may act in the place and stead of such justice of the peace, and the supervisors shall have power to apportion ratably the salary or compensation 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.
κ1965 Statutes of Nevada, Page 1108 (CHAPTER 417, SB 307)κ
so serving, and deduct the sum so apportioned from the salary of such police judge.
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 in cases of appeal from justices courts in civil or criminal cases, as the case may be.
All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or any policeman of the city.
Sec. 29. Ordinances when first proposed shall be read aloud in full to the board of supervisors, and final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper at least once and at least one week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose or content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.
No ordinance passed by the board, unless it be an emergency measure, shall go into effect until thirty days, after its passage. If at any time during said thirty days a petition signed by qualified electors numbering not less than 20 per cent of those who voted at the last preceding general municipal election, requesting the repeal of the ordinance or its submission to a referendum, be presented to the board, such ordinance shall thereupon be suspended from going into operation, and it shall be the duty of the board to reconsider such ordinance. If upon reconsideration such ordinance is not repealed, the board shall, after the sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within ninety days, in which event it shall be submitted at such regular municipal election. No ordinance submitted to a vote of the electors shall become operative unless approved by a majority of those voting thereon.
Emergency measures shall be subject to referendum like other ordinances passed by the board, except that they shall go into effect at the time indicated in them. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder.
Any proposed ordinance, resolution or amendment to this charter, may be submitted to the board by petition signed by qualified electors numbering not less than 20 per cent of those who voted at the last preceding general city election. The form, sufficiency and regularity of such petitions shall be determined in the manner herein provided. The petition presenting the proposed ordinance, resolution or amendment shall contain a statement in not more than 200 words giving the petitioners reason why such ordinance, resolution or amendment should be adopted; and if such petition shall contain a request that the said ordinance, resolution or amendment be submitted to a vote of the people, the board shall either (a) pass such ordinance without alteration at its next regular meeting, after the sufficiency of said petition has been determined and certified to by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general city election is to be held within ninety days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city.
κ1965 Statutes of Nevada, Page 1109 (CHAPTER 417, SB 307)κ
adopted; and if such petition shall contain a request that the said ordinance, resolution or amendment be submitted to a vote of the people, the board shall either (a) pass such ordinance without alteration at its next regular meeting, after the sufficiency of said petition has been determined and certified to by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general city election is to be held within ninety days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city. The ballot used when voting upon any such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:
For the ordinance
Against the ordinance
and shall be printed as provided herein or in the general election laws. Immediately to the right of each of the propositions shall be placed a square in which the elector by making a cross (X) mark, may vote for or against the adoption of the ordinance. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, it shall thereupon become a valid and binding ordinance of the municipality. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than one special election for such purpose in any period of six months. Ordinances adopted under the provisions of this section shall not be repealed or amended except by direct vote of the people as herein provided.
All ordinances shall be signed by the mayor and attested by the city clerk and be published once in full, together with the names of the supervisors voting for or against their passage, in a newspaper published in such city, if any there be; otherwise some newspaper published in the county and having a general circulation in such city, for the period of at least one week before the same shall go into effect. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and said book or certified copy of the ordinances therein recorded, in the name 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 forms by the authority of the said board of supervisors, they shall be so received. All ordinances heretofore adopted or amended, unless previously repealed, are hereby declared valid and in full force and effect.
Sec. 29.3. An ordinance adopting any specialized or uniform building, plumbing or electrical code or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city, and with such other changes as may be desirable, by reference thereto, without the necessity of reading the same at length as provided in section 29. Such code, upon adoption, need not be published as required by section 29 if an adequate number of copies of such code, either typewritten or printed, with such changes, if any, has 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 the code, or any amendment thereto.
κ1965 Statutes of Nevada, Page 1110 (CHAPTER 417, SB 307)κ
be published as required by section 29 if an adequate number of copies of such code, either typewritten or printed, with such changes, if any, has 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 the code, or any amendment thereto. Notice of such filing shall be given by one publication in a newspaper in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week prior to the passage of the ordinance adopting the code.
Sec. 29.5. 1. The board of supervisors shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of supervisors, have incorporated therein a copy of this charter and such additional data as the board of supervisors 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 Elko.
4. The codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 30. The said board of supervisors shall have the following powers:
1. To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine not to exceed three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
2. To control the finances and property of the corporation.
3. To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. To borrow money for corporate purposes, including the acquisition of a public utility, after the issuance of a proclamation setting forth the amount, terms, maximum rate of interest and duration of the proposed indebtedness, the fund from which it is to be paid, and in the case of a public utility the estimated cost as shown by an expert appraisal. Such proclamation shall be published in full at least once a week for four successive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which the board will pass an ordinance providing for such bond issue.
κ1965 Statutes of Nevada, Page 1111 (CHAPTER 417, SB 307)κ
week for four successive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which the board will pass an ordinance providing for such bond issue. At the first regular meeting of the board, or any adjournment thereof, after the completion of publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting the question to a vote of the electors of the city, unless a petition is presented to the board signed by not less than 5 percent of the qualified electors of the city as shown by the last preceding registration list and representing not less than 2 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating such 2 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed. Thereupon, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by the board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by the board pursuant to a majority vote in favor of the ordinance. The petition for an election herein referred to may be filed with the board at any time prior to the date of meeting set in the published notice. The form, sale and redemption of the bonds shall comply with the provisions of NRS 350.080 to 350.190, inclusive, including any amendments thereto by the 53rd Session of the legislature of the State of Nevada, which are hereby adopted by reference. The board may secure the payment of any general obligation bonds of the city by making such bonds a preferred lien against the real or personal property of the city, or by pledging specified revenues of the city to their payment.
6. To issue refunding bonds in the manner provided by NRS 350.241 to 350.247, inclusive, which are hereby adopted by reference.
7. To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.
8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of licenses and terms and manner of their issuance.
10. To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or part within the city, including all theaters, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells, or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city.
κ1965 Statutes of Nevada, Page 1112 (CHAPTER 417, SB 307)κ
markets, taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells, or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products, of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.
To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions such as music or otherwise.
To fix, impose and collect a license tax on street cars, telephones, gas meters, electric meters, water meters, or any other similar device for measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.
To fix, impose and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry-goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstracts of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said board may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
κ1965 Statutes of Nevada, Page 1113 (CHAPTER 417, SB 307)κ
electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry-goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstracts of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said board may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
11. To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles and all automobiles, taxi cabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, probihit or suppress runners for hotels, taverns or other businesses, and to fix, impose and collect an annual license tax on privately owned and operated automobiles, automobile trucks and motorcycles operated within the city limits.
12. To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
13. To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs and gutters.
κ1965 Statutes of Nevada, Page 1114 (CHAPTER 417, SB 307)κ
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sales upon the street and sidewalks, and in public places.
19. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same free from snow and other obstructions.
20. To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.
21. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, sign posts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.
22. To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.
23. To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
24. To regulate the speed of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues, and public places.
25. To regulate or prohibit any public demonstrations and processions.
26. To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues and public places.
27. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams or horses.
28. To regulate the ringing of bells, blowing of horns, and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
29. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
30. To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks, street car tracks, and connecting and terminal tracks.
31. To declare a nuisance and to take up and remove, or to cause to be taken up and removed, the tracks of any railway, which shall have been laid upon, in, along, through or across any of the streets, alleys, avenues, or public places of the city and which shall not have been operated continuously with cars for public use for a period of one year after the laying thereof.
κ1965 Statutes of Nevada, Page 1115 (CHAPTER 417, SB 307)κ
alleys, avenues, or public places of the city and which shall not have been operated continuously with cars for public use for a period of one year after the laying thereof.
32. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and keep the same in repair within the limits of the city.
33. To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.
34. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
35. To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
36. To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or association, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of said city.
37. To provide for the lighting of streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of gas, natural gas and electric and other lights and electric power, and to regulate the inspection thereof.
38. To construct and maintain water works, gas works, electric light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
39. To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
40. To regulate and control the water and watercourses, ditches and flumes, within or leading to the city, and to regulate and control mill privileges within the city.
41. To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or other public purposes; and to prevent all waste of water, and, if necessary, to secure said sources of water supply to purchase or lease the land from or upon which said water has been appropriated or applied.
κ1965 Statutes of Nevada, Page 1116 (CHAPTER 417, SB 307)κ
for irrigation, domestic or other public purposes; and to prevent all waste of water, and, if necessary, to secure said sources of water supply to purchase or lease the land from or upon which said water has been appropriated or applied. Also to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.
42. To fix the rate to be paid for the use of water furnished by the city.
43. To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
43.5 To construct, within or without the city limits, works designed to protect the city from floods; to acquire by purchase or condemnation any property or water right necessary or appropriate for such purpose; and to enact all ordinances and regulations necessary to carry the power conferred in this subsection into effect.
44. To regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifications shall be had by persons following said trade.
45. To establish markets and market-houses, and to provide for the regulation and use thereof.
46. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
47. To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.
48. To provide for the inspection, measurement, or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
49. To provide for the inspection and sealing of weights and measures.
50. To enforce the keeping and use of proper weights and measures by venders.
51. To provide for and regulate the inspection of malt, vinous, fermented, and spirituous liquors.
52. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
53. To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughter houses, butcher shops, hide or junk warehouses, soap factories, foundries, breweries, distilleries, livery stables and blacksmith shops in, or within one mile of the limits of, the corporation.
54. To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pig-sty, privy, barn, corral, sewer or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.
κ1965 Statutes of Nevada, Page 1117 (CHAPTER 417, SB 307)κ
the owner of any pig-sty, privy, barn, corral, sewer or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.
55. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
56. To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and governments of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
57. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and other for default therein.
58. To provide for the burial of the indigent dead and to pay the expenses thereof.
59. To authorize the taking and to provide for safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.
60. To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
61. To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
62. To prescribe the manner of constructing stone, brick and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
63. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.
κ1965 Statutes of Nevada, Page 1118 (CHAPTER 417, SB 307)κ
and manufactories, and cause the same to be removed or placed in safe condition.
63.5. To adopt a building code regulating the construction, erection, enlargement, raising, alteration, repair, removal, maintenance, use, and height of buildings, including all plumbing and electric wiring therein and connection therewith, regulating the character and use of material in and for buildings, the nature and extent of occupancy of lots by proposed buildings, the restriction of building lines with reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zones, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction, and which application shall be subject to approval or rejection or limited or provisional approval in the discretion of said board of supervisors if not fully complying with said building code, and providing in greater detail each, any, or all of the matters and things described in subsections 61, 62, and 63 of said section 30 of chapter 2 of said act; provided, however, that said building code may be adopted by resolution of said board of supervisors and thereafter amended, changed, enlarged, or extend by resolution of said board, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person, and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said board shall cause a brief notice of such adoption to be published at least once in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said board of supervisors requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
64. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
65. To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
66. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.
67. Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
κ1965 Statutes of Nevada, Page 1119 (CHAPTER 417, SB 307)κ
ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
68. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam-generating apparatus, or elevators within the corporate limits of the city.
69. To prohibit cruelty to animals.
70. To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound and appoint a pound keeper, and prescribe his duties, and to distrain and impound animals running at large, and to provide for the sale of the same. The proceeds arising from the sale of such animals, after the payment of all costs, shall go to the city treasury to be disposed of according to law.
71. To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
72. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
73. To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants and persons found in said city without visible means of support or some legitimate business.
74. To prevent intoxication, fighting, quarreling, dog fights, cock fights, prize fights, bull fights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars.
75. To regulate and prohibit the carrying of concealed weapons.
76. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
κ1965 Statutes of Nevada, Page 1120 (CHAPTER 417, SB 307)κ
of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
77. To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; and also to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.
78. To provide for and regulate the numbering of houses and lots.
79. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose except as otherwise provided in subsection 5.
80. To erect, lease, acquire, and maintain all needful buildings for the use of the city.
80.5. To acquire, develop, enlarge, improve and equip a public airport. This grant of power is in addition to and not in lieu of any other grant of power in this respect by any general or special law, including without limitation chapter 218, Statutes of Nevada 1963.
81. To condemn property for public uses.
Sec. 30.5. The board of supervisors shall have the power to require the owner or owners of land who hereafter lay out and plat the land into lots, streets and alleys, to pay or to guarantee the payment for the installation of sewers, water mains and lines, drains, curbs and gutters, and the grading and paving of streets within the division or subdivision defined by the plat.
Sec. 30.6. The board of supervisors shall have the power to contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface, or on poles for the transmission of the television picture.
Any franchise granted shall require a time within which actual construction must be commenced, a time within which distribution of television shall be completed, and posting of a bond in an amount to be set by the board of supervisors to assure compliance therewith.
Sec. 30.7. 1. Notwithstanding any other provisions of this charter, the board of supervisors shall have the power and jurisdiction:
(a) To fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within the corporate limits of the city of Elko.
(b) To deposit the proceeds of any one or more of such license taxes in a special fund in the city treasury for the purpose or purposes of:
(1) Operating and maintaining recreation facilities as defined in section 30.8 of Chapter II of this charter and under the jurisdiction of the board of supervisors.
κ1965 Statutes of Nevada, Page 1121 (CHAPTER 417, SB 307)κ
section 30.8 of Chapter II of this charter and under the jurisdiction of the board of supervisors.
(2) Improving, extending and bettering such recreation facilities.
(3) Constructing, purchasing or otherwise acquiring such recreation facilities.
(4) Giving assurances to and performing any other acts required by and satisfactory to the Secretary of the Army pursuant to the provisions of subsection 4 of section 30.8 of Chapter II of this charter.
2. The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law or provision of this charter. No part of this section shall repeal or affect any other law or any part thereof or any other part of this charter, it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 30.8. 1. As used in this section, recreation facility or recreation facilities means a place, structure, area or other facility used for community recreation, such as playgrounds, playing fields or courts, beaches, lakes, rivers, swimming pools, dams constructed across streams or rivers for the creation of swimming pools and recreational reservoirs, gymnasiums, auditoriums, camps, parks, golf courses, natural reservations, recreation grounds, fairgrounds, exposition buildings, convention halls, fieldhouses, amusement halls and recreation centers.
2. The legislature finds and declares that recreation facilities for the use and enjoyment of all the inhabitants of the city of Elko are public uses and municipal purposes, and that the acquisition, construction and operation thereof will promote the morals, amusement, entertainment, health, welfare and safety of the inhabitants of the city.
3. The board of supervisors is authorized and empowered:
(a) To establish, construct, purchase, lease, rent, acquire by gift, grant, bequest, devise, or otherwise acquire, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage recreation facilities within or without the city, including personal property, real property, lands, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.
(b) To accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, corporate or otherwise, the State of Nevada or any of its political subdivisions or from any other source, for or in aid of any recreation facility within the boards area of operation, and to comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable.
4. Whenever any recreation facility is affected by or will be affected by any flood control project being constructed or to be constructed under the provisions of any federal law, if the board of supervisors finds that such flood control project will improve, better and protect such recreation facility, the board of supervisors shall have the power to give assurances to and perform any other acts required by and satisfactory to the Secretary of the Army that the local cooperation required for such flood control project by such federal law will be furnished by the city of Elko.
κ1965 Statutes of Nevada, Page 1122 (CHAPTER 417, SB 307)κ
required for such flood control project by such federal law will be furnished by the city of Elko.
Sec. 31. When power is conferred upon the board to do and perform any act or thing, and the manner of exercising the same is not specifically pointed out, the board may provide by ordinance the manner and details necessary for the full exercise of such power.
Sec. 32. County Commissioners to Apportion Road Fund. The board of county commissioners of Elko County shall, and it is hereby made their duty, from time to time, upon the request of the board of supervisors, to apportion to the city such proportion of the Elko road district fund of the county of Elko as the value of the whole property within the corporate limits of the city, as shown by the assessment roll, shall bear to the whole property within the Elko road district, inclusive of the property within the city, and all moneys so apportioned shall be expended upon the streets, alleys, and public highways of the city, under the direction and control of the city board of supervisors.
Sec. 33. Corporate Name of City, Plaintiff. All actions brought to recover any fine or to enforce any penalty under any ordinance of the city shall be brought in the corporate name of the city as plaintiff; and no prosecution, recovery or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same person for any other violation of any such ordinance, although the different causes of action existed at the same time, and if united would not have exceeded the jurisdiction of a justice of the peace.
Sec. 34. All Fines to Go to the City Treasury. All fines and forfeitures for the violation of ordinances and all money collected for licenses or otherwise, shall be paid into the treasury of the city at such times and in such manner as may be prescribed by ordinance.
Sec. 35. Punishment of Offenders. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine, penalty and costs shall be paid, or satisfied at the rate of one day for each four dollars of such fine and costs.
Sec. 36. Chain Gang. The board of supervisors shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding eight hours each working day; and for such work the person so employed shall be allowed four dollars for each days work on account of such fine and costs. The board may provide for the formation of a chain 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.
Sec. 37. Any constable or sheriff may serve any process or make any arrest authorized to be made by any officer of the city.
Sec. 38. Property Delivered to Successors. Every officer of the city shall, within five days after notification and request, deliver, to his successor in office all properties, books, and effects of every description in his possession and belonging to the city, and upon his failure, refusal or neglect to do so shall be liable for all damages caused thereby, and to such penalty as may be by ordinance prescribed.
κ1965 Statutes of Nevada, Page 1123 (CHAPTER 417, SB 307)κ
his successor in office all properties, books, and effects of every description in his possession and belonging to the city, and upon his failure, refusal or neglect to do so shall be liable for all damages caused thereby, and to such penalty as may be by ordinance prescribed.
Sec. 39. Additional Duties May Be Imposed. The duties, powers and privileges of all officers in any way connected with the city government, not herein defined, shall be defined by the board; and the defining by this act of the duties of city officers, shall not preclude the board from defining by ordinance further and additional duties to be performed by any such officer.
Sec. 40. Office of the City Clerk. The city clerk shall keep his office at the place of meeting of the board of supervisors or some other place convenient thereto, as the board may direct. He shall keep the corporate seal and all papers and records of the city and keep a record of the proceedings of, and be the clerk of the board, whose meetings it shall be his duty to attend. Copies of all papers filed in his office, and transcripts from all records of the city board certified by him, under the corporate seal, shall be evidence in all courts to the same effect as if the original were produced.
Sec. 41. Duties of the Clerk. He shall countersign all contracts made in behalf of the city. The city clerk shall draw and countersign all orders in pursuance of any order or resolution of the board and keep a full and accurate account thereof in books provided for that purpose; shall make to the board from time to time upon the order of the board, reports of the financial condition of the city; shall make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action of the board as shall secure the payment of the principal and interest of such bonds; shall report annually on or before the first day of June, to the board, an estimate of the expenses of the city and the revenue necessary to be raised for the current year; shall keep regular books of account in which he shall enter all indebtedness of the city, and which shall, at all times, show the financial condition of the city, the amount of bonds, orders, certificates or other evidences of indebtedness issued by the board, the amount of all bonds, orders, certificates or other evidences of indebtedness which have been redeemed, and the amount of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue, and the amounts which have been disbursed under the direction of the board; shall examine all reports, books, papers, vouchers and accounts of the city treasurer; shall audit all claims and demands against the city before they are allowed by the board; and shall keep a record of all claims presented and the action of the board thereon; shall keep a book properly indexed in which he shall enter all contracts, which books shall be open to the inspection of all persons interested. He shall record in a journal all ordinances, by-laws, rules or resolutions passed or adopted by the board, which journal, after being read and approved at each regular meeting, shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any person or officer and shall charge such person or officer with the same.
κ1965 Statutes of Nevada, Page 1124 (CHAPTER 417, SB 307)κ
officer with the same. He shall countersign and certify all claims for the payment of money, executed by the mayor. All claims against the city shall be filed with the clerk, who shall report in writing upon the same and on all matters pertaining to his office, at each regular meeting of the board, or oftener if required. The city clerk shall be the official license collector of the city and shall collect for all city licenses and all other moneys making up the city revenues, except general taxes. All moneys belonging to the city (except general taxes), and collected by any person whomsoever, shall be at once paid over to the city clerk, and the city clerk shall promptly pay the same over, together with all moneys in his hands, to the city treasurer. All special taxes, whenever and wherever practicable, shall be collected by the city clerk. The time and manner of collection of special taxes, and collection of licenses shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, shall fail, neglect or refuse to do so, or shall carry on any licensed business, trade or calling without having procured the requisite license therefor, the city clerk shall forthwith report such delinquent to the board, who may cause an attachment suit in the name of the city to be brought against such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the clerk may make the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business in such place or building is required to pay a license, shall be liable for and may be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within five days after the same becomes due and payable, the sum of one dollar, which shall become and be a part of the license and shall, with such license, be collected by the city clerk, and he shall perform such other duties as the board may provide by ordinances.
Sec. 42. (There is no sec. 42.)
Sec. 43. City Treasurer. The city treasurer shall receive all money belonging to the city, including all taxes, licenses, and fines, and keep an accurate and detailed account thereof, in such manner as provided in this act, or as the board from time to time may by ordinance direct, and he shall collect special taxes and assessments as provided by law and ordinance. He shall make a settlement with the city clerk as the board may direct, at the end of every month, and turn over all warrants, interest, coupons, bonds, or other evidence of indebtedness of the city, which may have been redeemed by him during the month, taking the receipt of the city clerk therefor, and all such warrants, orders, or other evidence of indebtedness shall be canceled by him, and have written or stamped thereon the date of their payment or redemption.
Sec. 44. Further Duties of City Treasurer. He shall pay no money out save upon lawful warrant, except on account of bonds and interest coupons, which when due may be paid upon presentation, or in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due.
κ1965 Statutes of Nevada, Page 1125 (CHAPTER 417, SB 307)κ
money out save upon lawful warrant, except on account of bonds and interest coupons, which when due may be paid upon presentation, or in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due.
The treasurer of Elko County shall, in addition to the duties now imposed upon him by law, act as treasurer of the city and shall be ex officio city treasurer and tax receiver. He shall receive and safely keep all moneys that shall come to the city by taxation or otherwise, and shall pay the same out, only on claims duly allowed, except the principal and interest of any municipal bonded indebtedness.
All taxes, fines, forfeitures, or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this charter or of any ordinance of the city, or by or under any law, and all moneys received or collected shall without delay be paid by the city clerk, who shall keep an accurate account thereof and give itemized receipts therefor in duplicate, one of which shall be given to the city auditor immediately for the more perfect keeping of his accounts, and for the information of the board, and the other of said duplicate receipts shall be given to the officer or person so paying in such money. All such money shall be placed by the treasurer in a fund to be known as the Elko general fund; and shall be so kept intact and not commingled with other moneys or in any manner disposed of except as paid out upon proper warrants and claims against the city, including the principal and interest of any municipal bonded indebtedness.
On paying any warrant, the treasurer shall write or stamp across the face thereof, in red ink, the words Redeemed, with the date of such redemption and sign his name thereto officially, and the warrant so canceled shall be sufficient voucher for the treasurer as to the amount so paid, in his official settlements with the city, which shall take place annually on the fourth Monday in December of each year, or oftener as may be required by the board. The mayor, city clerk, or any member of the board may at any time examine the books and vouchers of the treasurer, concerning the state of the finances and moneys in the hands of the treasurer belonging to the city.
The city treasurer shall, before entering upon the discharge of his duties, execute to the city a good and sufficient surety bond, to be approved and paid for by the board; said bond to be in such sum as may be required by the board. The city treasurer shall perform such other and further duties as may be required, or be prescribed by ordinance.
Sec. 45. Warrants. All warrants shall be paid out of their respective funds in the order in which they shall be issued.
Sec. 46. Receipts for Payments. The treasurer shall give to every person paying money into the city treasury a receipt therefor, specifying the date of payment and upon what account paid; and he shall also file the duplicate of such receipt with the city clerk, as the board may direct, at the date of his monthly report.
Sec. 47. Deposit of City Funds in Banks; Funds to be Kept Separate. 1. The treasurer shall keep all money belonging to the city separate and distinct from all other moneys held by him for any other purpose or fund whatsoever, and may, when a state or national bank is located in the city, deposit, with unanimous consent of his bondsmen, city funds in such bank or banks upon open account.
κ1965 Statutes of Nevada, Page 1126 (CHAPTER 417, SB 307)κ
purpose or fund whatsoever, and may, when a state or national bank is located in the city, deposit, with unanimous consent of his bondsmen, city funds in such bank or banks upon open account. When no such bank or banks exist in the city, he may deposit, with the unanimous consent of his bondsmen, city funds with any state or national bank in the State of Nevada.
2. Such accounts shall be kept in the name of the city in such manner as the board of supervisors may prescribe and under such terms and conditions for the protection of the funds as the board of supervisors may determine, not inconsistent with other laws of the State of Nevada regulating the deposit of public funds.
3. The balances in banks, as certified to by the proper officer thereof, and by the oath of the treasurer, may be counted as cash.
Sec. 48. Report of Treasurer. The treasurer shall report to the board at such times as may be prescribed by ordinance, giving a full and detailed account of all receipts and expenditures since his last report, and the state of the treasury. He shall also keep a register of all warrants redeemed and paid during the year, and describing such warrants, their date, amount, number, the fund from which paid, and the person to whom paid, specifying also the time of payment. And all such warrants shall be examined by the board at the time of receiving such report.
Sec. 49. Special Funds. All moneys received from any special assessment shall be held by the treasurer as a special fund, to be applied to payment for the improvement for which the assessment was made, and said money shall be used for no other purpose whatever.
Sec. 50. City Taxes. The board shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding three (3) per cent upon the assessed value of all real estate, and personal property within the city made taxable by law, except as otherwise provided in NRS 350.250; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for collection of state and county taxes; and the revenue laws of the state shall, in every respect not inconsistent with the provisions of this act, be deemed applicable and so held to the levying, assessing, and collecting of the city taxes; provided, that in the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization, as are the state and county. And whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing, and collecting the state and county revenues shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The board shall enact all such ordinances as it may deem necessary and not inconsistent with this act and the laws of the state, for the prompt, convenient, and economical collecting of the city revenue.
Sec. 51. Revenue Ordinances. The board shall have full power to pass and enact all ordinances necessary or required to carry into effect the revenue laws in the city and to enlarge, fix, and determine the powers and duties of all officers in relation thereto.
κ1965 Statutes of Nevada, Page 1127 (CHAPTER 417, SB 307)κ
the revenue laws in the city and to enlarge, fix, and determine the powers and duties of all officers in relation thereto.
Sec. 52. Expenses, How Proportionately Paid. Such part of the expenses of improving any streets, lanes, avenues, or alleys by grading, paving, graveling, curbing, parking, constructing sidewalks or crosswalks, or otherwise improving the same, as the board shall determine, may be paid from the general fund or district street fund, from the proper street district, or the said cost or a portion thereof, as the board shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvement and such other lands as in the opinion of the board may be benefited by the improvement. When the board shall determine to make any public improvement, such as laying pavements, constructing sewers, drains, sidewalks and crosswalks, curbing, macadamizing, oiling, graveling or grading any streets, avenues, or alleys or in any way improving the same, and shall determine to defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or proportion of the expenses thereof shall be paid by special assessments and what amount shall be paid out of the general fund, district street fund or any other fund.
Sec. 53. When Portion Is Paid from City Funds. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, or public ground not taxable, abutting on such improvements, such part of the expenses of such improvements as, in the opinion of the board would be justly apportionable to such public grounds and city property, and to any interior squares or spaces formed by the intersection of streets where the abutting property is taxable, shall be paid from the general fund or from the proper street or district street fund, or partly from each, as the board shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvement or improved streets in proportion to their number of feet frontage; or, if the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon the lots in proportion to their frontage upon the improvement, if, from the shape or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the board may assess such lots or such number of feet frontage as in their opinion would be just.
Sec. 54. Municipal Buildings. The cost and expense of a city hall and other buildings for the use of the city, and its officers, engine houses, and structures of the fire department, and other public purposes, including the necessary land for such purposes, shall be paid for from the proper fund of the city, including proceeds of bonds authorized by law, except that, in case of lands apportioned for streets and rights of way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed.
κ1965 Statutes of Nevada, Page 1128 (CHAPTER 417, SB 307)κ
from the proceeds of a special assessment levied therefor in the manner herein prescribed. Whenever, in the opinion of the board, the benefits thereof are special, rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessments upon the lands abutting upon or adjacent to or otherwise benefited by such improvement. Such special assessment may be made in the manner hereinafter specified.
Sec. 55. Special Assessments, Ordinances for. When the board shall determine to make any public improvements or repairs, in the laying of pavements or constructing sidewalks, or in any way improving the streets in the city, and shall determine to defray the whole or any part of the cost and expenses thereof by special assessment, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been or is proposed to be appropriated from the general fund of the city, or from the street fund or district street fund, and whether the assessment is to be made according to benefits or frontage, and, in case the assessment is to be made according to benefits, they shall by apt description designate the district including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis, it shall be sufficient for said ordinance so to state and to define the location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply so to designate the property, district or the location that the various parts to be assessed can be ascertained and described by the city assessor.
Sec. 56. Estimates First To Be Had. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the board shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement, or work, of the location of the improvement, and of the district to be assessed, by publication for at least two weeks in some newspaper published in said city, by posting notices of the same, in at least three public places in said city, one of which shall be in or near the postoffice of the city, and in addition by posting notices in three public places near the site of said proposed work. Said notices shall state the time when the board will meet and consider any suggestions and objections that may be made by parties in interest to the proposed improvements. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered, and said notice shall so specify.
Sec. 57. Special Assessments. In all cases where the board of health or other officials of the city, or the board of supervisors are authorized to do, or cause to be done, certain things, the whole or any part of the cost of which may be properly defrayed by a special assessment, and where special provisions for making the levy are not herein made, the board may cause sworn statements of the cost and location thereof to be made as provided in section 60 hereof, and may refer to same to the assessor and have the same assessed against such property.
κ1965 Statutes of Nevada, Page 1129 (CHAPTER 417, SB 307)κ
authorized to do, or cause to be done, certain things, the whole or any part of the cost of which may be properly defrayed by a special assessment, and where special provisions for making the levy are not herein made, the board may cause sworn statements of the cost and location thereof to be made as provided in section 60 hereof, and may refer to same to the assessor and have the same assessed against such property.
Sec. 58. Any Cost Over the Value of Property Paid by the City. 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. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding the value of such lot or premises which would otherwise be chargeable upon said lot or premises, shall be paid from the general funds of the city. The board 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. 59. Must Be Advertised. No contract for doing the work or making the improvement contemplated herein shall be made or awarded, nor shall the board incur any expense or liability in relation thereto, except for plats, diagrams, estimates and notices, until after the notice and hearing provided for herein shall have been given and had. But nothing herein contained shall be construed as preventing the board from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.
Sec. 60. Pro Rata Assessments. When a special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the board shall, by ordinance, direct such special assessment to be made by the assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises or the locality constituting the district to be assessed in fixing the amount or sum of money that may be required to pay the costs of any improvement, the board need not necessarily be governed by the estimates of the costs of such improvement provided for herein, but the board may fix such other sum, within the limits prescribed, as they may deem necessary to cover the cost of such improvement.
Sec. 61. Assessment Roll. Upon the passage of such ordinance the assessor shall prepare an assessment roll, entering and describing therein all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon the amount to be assessed in the manner directed by the board and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor, he shall, in lieu of the name of the owner, insert the work unknown; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated, but shall, in all respects, be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the owner thereof, and when the assessment roll shall have been approved, such assessment shall become a lien on such lot, parcel of land or premises, and be collected as provided by law.
κ1965 Statutes of Nevada, Page 1130 (CHAPTER 417, SB 307)κ
owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated, but shall, in all respects, be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the owner thereof, and when the assessment roll shall have been approved, such assessment shall become a lien on such lot, parcel of land or premises, and be collected as provided by law. Such assessment so levied by the city assessor shall be entered in the general assessment roll next thereafter in a special column for special assessments, and the county auditor, acting ex officio as city auditor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting ex officio as city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Elko from collecting any special assessment by suit in the name of the city of Elko; and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.
If in any action for the collection of any assessment it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city and is a proper charge against the defendant, or the lot or the premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
Sec. 62. Frontage Assessment. If the assessment be made upon the basis of frontage, the assessor shall assess each lot or parcel of land with such relative portion of the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the assessor.
When According to Benefit. If the assessment is directed to be according to benefits, the assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement.
Sec. 63. Assessors Certificate. When the assessor shall have completed the assessment he shall report the same to the board. Such report shall be signed by him and made in the form of a certificate endorsed on the assessment roll as follows:
κ1965 Statutes of Nevada, Page 1131 (CHAPTER 417, SB 307)κ
(Form)
|
STATE OF NEVADA,
CITY OF ELKO. |
} |
ss. |
To the Board of Supervisors of the City of Elko: I hereby certify and report that the foregoing is the assessment roll, and assessment made by me pursuant to an ordinance of the board of said city, adopted (give date), for the purpose of paying that part of the cost which the board decided should be paid and borne by special assessment for paving .................... street from .................... street to .................... street in said city (as the case may be), (or constructing a sewer on .................... street), (as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment conformed in all things to the directions contained in the ordinance of the board hereinbefore referred to.
, Assessor.
Dated ..............., Nevada, ...................., A.D. 19.......
Sec. 64. Certain Special Assessments. When any expense shall be incurred by the city upon or in respect to any single lot, parcel of land or premises which, by the provisions of this act, the board is authorized to charge and collect as a special assessment against the same, and not being in that class of special assessments required to be made pro rata upon several lots or parcels of land, an account of the labor or services for which such expense was incurred, verified by the officer or person performing the services, or causing the same to be done, with a description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the board. And the provisions of the previous sections hereof, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to the class of improvements contemplated in this section.
Sec. 65. Board to Determine. The board shall determine what amount or part of every expense shall be charged as a special assessment and the premises upon which the same shall be levied; and as often as the board shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises chargeable therewith respectively to be reported by the city clerk to the assessor for assessment.
Sec. 66. Notice of Assessment To Be Published. Upon receiving the report mentioned in the preceding section the assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the board. When any special assessment shall be reported by the assessor to the board, as in this section directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the board shall cause notice to be published for at least two weeks in some newspaper published in the city, after the filing of the same with the city clerk, and appointing a time when the board and assessor will meet to review the assessments.
κ1965 Statutes of Nevada, Page 1132 (CHAPTER 417, SB 307)κ
filing of the same with the city clerk, and appointing a time when the board and assessor will meet to review the assessments.
Objection to Assessment, How Made. Any person objecting to the assessment may file his objection thereto with the city clerk.
The notice provided for in this section may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
NOTICE OF SPECIAL ASSESSMENT
(Form of notice.) To ............................................................... (insert the names of the persons against whom the assessment appears) and to all persons interested, take notice:
That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the board decided should be paid and borne by special assessment for the (e.g., paving .................... street to .................... street in the city of Elko) or (constructing a sewer on .................... street between .................... street and .................... street) or (as the case may be) is now on file at my office for public inspection. Notice is hereby given that the board and the assessor of the city of Elko will meet in the .................... room in this city on ........................................ (insert the date fixed upon) to review said assessment, at which time and place opportunity will be given all persons interested to be heard.
Date ...............................................................
................................................................. , City Clerk.
Sec. 67. Assessment Corrected, How. At the time appointed for the purpose aforesaid the board and assessor shall meet and then or at some adjourned meeting review the assessments, and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide upon the same; and the board may correct the same as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the assessor for revision, or annul it and direct a new assessment, in which case the assessment shall be made anew. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words:
Special assessment roll for the ................................................. (describing fully what the assessment is for) ........................ approved by the board the ............... day of ......................... (month), 19........
Date ...............................................................
................................................................. , City Clerk.
Sec. 68. Assessment Roll. When any special assessment roll is approved by the board it shall be final and conclusive. Said roll, when so endorsed by the city clerk shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.
Sec. 69. Special Assessments a Lien on Property. All special assessments shall from the date of the approval thereof constitute a lien upon the respective lots or parcels of land assessed.
κ1965 Statutes of Nevada, Page 1133 (CHAPTER 417, SB 307)κ
lien upon the respective lots or parcels of land assessed. Upon the approval of any assessment, the amount thereof may be divided into not more than thirty installments, to be collected semiannually, at such time as the board may determine.
Sec. 70. Special Assessments Due on Approval. All special assessments, except such installments thereof as the board shall make payable at a future time, as provided in the preceding section, shall be due and payable on approval.
Sec. 71. On Dividing Property, How Apportioned. Should any lots of land be divided after a special assessment thereon shall have been approved and divided into installments and before the collection of the installments, the board may require the assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment, when approved, shall be conclusive of all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision.
Sec. 72. When Insufficient, Deficit Paid by City. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid form the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
Sec. 73. New Assessment, When. Whenever any special assessment shall, in the opinion of the board, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the board shall, whether the improvement has been made or not, or whether any parts of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this act.
Sec. 74. Previous Payments, How Applied. Whenever any sum or part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises.
Sec. 75. Special Assessment, How Enforced. When any special assessment shall be approved and payable, the board may direct the city clerk to report to the assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the assessor to levy the several sums so assessed as a tax upon the several lot or premises to which they were assessed respectively. Upon receiving such report the assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed as a tax in the general assessment roll next thereafter, to be made in a column for special assessments, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that at any time after the special assessment has become payable the same may be collected by suit in the name of the city in any court of competent jurisdiction.
κ1965 Statutes of Nevada, Page 1134 (CHAPTER 417, SB 307)κ
assessed until paid, and when collected shall be credited to the proper funds; provided, that at any time after the special assessment has become payable the same may be collected by suit in the name of the city in any court of competent jurisdiction. The special assessment roll and the certified ordinance or resolution approving the same shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.
Sec. 76. Irregularities, How Remedied. If in such action provided for in the preceding section it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
Sec. 77. All publications herein provided for shall be made in a newspaper of general circulation published in the city; provided, however, the cost of publication shall not exceed the usual commercial rates.
Sec. 78. Ordinances To Remain in Effect. All ordinances adopted by the board of supervisors of the City of Elko pursuant to its charter created by chapter 84, Statutes of Nevada 1917, as amended, shall remain in force unless and until repealed or amended pursuant to this charter, to the extent that any such ordinance is not inconsistent with this charter.
Sec. 79. Amendment.
1. Whenever it is desired to amend the charter of the City of Elko, such amendment or amendments may be effected by either of the following methods:
(a) By an act of the legislature.
(b) Upon filing with the board of supervisors a verified petition bearing the signature of not less than 30 percent of the registered voters of the city, a special election shall be called for the purpose or purposes as set forth in the petition, not later than 45 days after the filing of the petition; or, upon the filing with the board of supervisors of a verified petition bearing the signatures of not less than 10 percent of the registered voters of the city or town, the amendment or amendments proposed in the petition shall be placed upon the ballot at the next municipal election, whether it be a special or a general municipal election, after the filing of the petition, praying for the adoption of any amendment or amendments as fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto. The signature need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of his knowledge and belief. Upon the filing of any such petition bearing the signatures of the required number of registered voters as required in this paragraph (b), the board of supervisors shall call a special election, or provide for the voting upon such proposed amendment or amendments at the next municipal election, for the aforesaid purpose, as the petition shall request.
κ1965 Statutes of Nevada, Page 1135 (CHAPTER 417, SB 307)κ
such proposed amendment or amendments at the next municipal election, for the aforesaid purpose, as the petition shall request.
2. The percentages, as provided in paragraph (b) of subsection 1, shall be determined from the number of registered voters at the last general municipal election held in the city next preceding the filing of the petition as aforesaid.
Sec. 80. Effective Date. This act shall become effective only if the original charter of the City of Elko, being chapter 84, Statutes of Nevada 1917, as amended, is repealed by vote of the qualified electors of the city pursuant to an act enacted by the 53rd session of the legislature of the State of Nevada, and in that event shall become effective upon the date of proclamation of such repeal.
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Senate Bill No. 308Committee on Finance
CHAPTER 418
AN ACT to amend NRS sections 673.0351, 673.060, 673.080, 673.260, 673.270, 673.318, 673.430 and 673.460, relating to building and loan and savings and loan associations, by providing that moneys received by the commissioner of savings associations be placed in the general fund in the state treasury and by providing that all expenses incurred and compensation paid under the chapter be appropriated by the legislature; providing for the transfer of all moneys from the savings and loan fund to the general fund on July 1, 1965; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 673.0351 is hereby amended to read as follows:
673.0351 The commissioner shall:
1. Be appointed by and serve at the pleasure of the governor.
2. Have had experience in the savings and loan field.
3. Receive an annual salary of $15,000. [, which salary shall be paid from the savings and loan fund, the source of which is moneys collected under the provisions of this chapter from foreign and domestic associations, companies and corporations governed by this chapter.]
4. Receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 2. NRS 673.060 is hereby amended to read as follows:
673.060 1. [There is hereby created in the state treasury the savings and loan fund.
2.] All fees, charges for expenses, assessments and other moneys which are collected under the provisions of this chapter form foreign and domestic associations, companies and corporations governed by this chapter shall be paid into the [savings and loan fund.
3. All moneys in the savings and loan fund shall be expended, to the extent authorized by the legislature, solely for the purposes of this chapter, and no part of the savings and loan fund shall revert to the general fund of the state.
κ1965 Statutes of Nevada, Page 1136 (CHAPTER 418, SB 308)κ
chapter, and no part of the savings and loan fund shall revert to the general fund of the state.
4.] general fund in the state treasury.
2. The compensation provided for by this chapter and all expenses incurred under this chapter shall be paid [from the savings and loan fund. No compensation or expenses incurred under this chapter shall be a charge against the general fund of the state.] from the general fund in the state treasury by direct legislative appropriation.
Sec. 3. NRS 673.080 is hereby amended to read as follows:
673.080 1. The secretary of state shall not issue any certificate to any such association or company authorizing it to do business until the articles of association, agreement or incorporation are approved by the commissioner.
2. No amendment to such articles of any such organization may be filed by the secretary of state without the written approval thereof by the commissioner.
3. No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the commissioner approval of an application for permission to organize as provided for in this section.
4. (a) Persons who desire to organize an association under this chapter shall first execute in triplicate an application, in the form prescribed by the commissioner, for permission to organize such an association before taking any other action in connection therewith.
(b) Upon execution of an application for permission to organize by seven responsible citizens (hereinafter in this section referred to as applicants), the original and two copies thereof shall be submitted to the commissioner. The applicants shall submit with their application the names and addresses of the applicants, the location of the proposed office, an itemized account of the financial condition of the proposed association and of the applicants, the amount and character of the proposed stock and shares, statements, exhibits, maps and such additional information as the commissioner may require, together with an affidavit that the representations made thereby are consistent with the facts to the best of the applicants information and belief. This data shall be sufficiently detailed and comprehensive to enable the commissioner to pass upon the application as to:
(1) The character and responsibility of the applicants;
(2) The need for such association in the community to be served;
(3) Reasonable probability of its usefulness and success; and
(4) Whether or not such an association can be established without undue injury to any properly conducted existing savings and loan institutions.
(c) If the commissioner approves the application he shall, within 30 days, notify all associations within 100 miles of the community where the applicant intends to establish an association. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of such written protest, the commissioner shall fix a date for a hearing upon the protest, which hearing shall be held not earlier than 30 days nor more than 60 days from the date of receipt of written notice by registered mail by the parties.
κ1965 Statutes of Nevada, Page 1137 (CHAPTER 418, SB 308)κ
more than 60 days from the date of receipt of written notice by registered mail by the parties.
(d) The commissioner shall approve or deny the application within 90 days from the date of the conclusion of the hearing and shall give all parties written notice of his decision on or before such date.
(e) If the commissioner approves the application, he shall establish as conditions to be met prior to the issuance of a charter requirements as to:
(1) Minimum number of shares of permanent capital stock to be subscribed to the associations permanent capital, at least 75 percent of which in number of stockholders and dollar amount of capital must be subscribed by bona fide residents of the State of Nevada;
(2) Minimum amount of paid-in surplus;
(3) Minimum amount of investment certificates to be paid into the associations savings accounts upon issuance of a charter to it; and
(4) Such other requirements as he deems necessary or desirable. Approval of an application for permission to organize an association shall not in any manner obligate the commissioner to issue a charter, except that when all requirements of this chapter and of the commissioner have been fulfilled, he shall issue a charter.
5. Prior to the issuance of a charter for a branch office of an existing association, the commissioner shall notify all associations doing business within a radius of 100 miles of the principal place of business of the applicant, and within a radius of 100 miles of the proposed branch office. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of such written protest, the commissioner shall fix a date for a hearing upon the protest, which hearing shall be held not earlier than 60 days nor more than 90 days from the date of receipt of written notice by registered mail by the parties.
6. No association shall sell or issue any of its permanent stock until it has first applied for and secured from the commissioner a license authorizing it to operate as a savings and loan association under the laws of this state and until it has applied for and secured insurance of accounts under the rules and regulations of the Federal Savings and Loan Insurance Corporation.
7. The commissioner may extend the time for any hearing provided for in this section, to the time agreed upon by the parties.
8. Every application for permission to organize, as provided for in this section, shall be accompanied by a fee of $500, which shall be paid into the general fund in the state treasury and no part of which shall be refunded.
9. The commissioner may impose conditions requiring the impoundment of proceeds from the sale of any stock, limiting the expense in connection with the sale of stock, and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permission to organize.
10. Every permission to organize issued by the commissioner shall recite in bold type that the issuance thereof is permissive only and does not constitute a recommendation or endorsement of the organization or of the stock permitted to be issued.
κ1965 Statutes of Nevada, Page 1138 (CHAPTER 418, SB 308)κ
not constitute a recommendation or endorsement of the organization or of the stock permitted to be issued.
11. Any corporation making application under this section or authorized to organize or authorized to establish a savings and loan association shall provide for a minimum par value of its permanent capital stock of at least $1 in its articles of incorporation.
12. The removal of any office of an association to any other location from its then-existing location requires prior approval of the commissioner.
13. No association shall pay any commission or other compensation for the subscription to or sale of its stock.
Sec. 4. NRS 673.260 is hereby amended to read as follows:
673.260 1. The license mentioned in NRS 673.250 shall authorize the company, association or corporation to whom it is issued to sell its approved securities and contracts within this state for the remainder of the fiscal year ending on June 30 next succeeding. Each license shall be renewable, under like restrictions, annually thereafter.
2. For the issuing of any license provided for in NRS 673.250 and for any renewal thereof, the fee of the commissioner shall be:
(a) For each home office, $200 plus 15 cents for each $1,000 of gross assets of the company, association or corporation as of December 31 of each year.
(b) For each branch office, $100.
3. [If the commissioner finds that moneys in the savings and loan fund will be insufficient for the operation of the savings and loan division, he may, annually, levy and collect an assessment from each company, association or corporation, the total of which shall not exceed 15 cents per each $1,000 of gross assets as of December 31 of each year. Assessments shall be prorated among such companies, associations and corporations on the basis of their gross assets. Notice of an assessment and the amount thereof shall be given to each company, association or corporation by registered or certified mail to the address of such company, association or corporation on file with the commissioner. The assessment shall be due and payable at the time provided in NRS 673.430.
4.] All sums so received by the commissioner shall be forthwith delivered to the state treasurer and shall be paid into the [savings and loan] general fund in the state treasury.
Sec. 5. NRS 673.270 is hereby amended to read as follows:
673.270 1. No person shall, as agent, representative or employee of any such foreign or domestic company, association or corporation, or in any other capacity, sell or solicit sales for any such securities or contract for the sale of securities until he shall have first been licensed as a salesman or solicitor for sales of such securities by the commissioner.
2. No person shall be licensed for a period of more than 1 year, and he shall not be licensed until he has first satisfied the commissioner as to his personal integrity.
3. For the issuing of any license provided for in this section and for any renewal thereof, the fee of the commissioner shall be $2. All sums so received by the commissioner shall be forthwith delivered to the state treasurer and shall be paid into the [savings and loan] general fund in the state treasury.
κ1965 Statutes of Nevada, Page 1139 (CHAPTER 418, SB 308)κ
sums so received by the commissioner shall be forthwith delivered to the state treasurer and shall be paid into the [savings and loan] general fund in the state treasury.
Sec. 6. NRS 673.318 is hereby amended to read as follows:
673.318 Every association shall appraise each parcel of real estate at the time of acquisition thereof. The report of each such appraisal shall be submitted in writing to the board of directors and shall be kept in the records of the association. The commissioner may require the appraisal of real estate securing loans by an appraiser selected by the commissioner. The association whose securities are appraised under this section shall pay the expense of such appraisal to the commissioner upon demand. Moneys so received shall be paid into the general fund in the state treasury. Copies of appraisals shall be furnished to the association.
Sec. 7. NRS 673.430 is hereby amended to read as follows:
673.430 1. Each such foreign or domestic association, company or corporation doing business in this state shall cause to be filed annually with the commissioner on or before March 1, a sworn statement in two sections.
2. One section of the annual report shall contain, in such form and detail as the commissioner may prescribe, the following:
(a) The amount of authorized capital by classes and the par value of each class of shares.
(b) A statement of its assets and liabilities at the close of its last fiscal year.
(c) Salaries paid to each of its officers and to its manager, if any, during its last fiscal year.
(d) The total of its liability to investors at the close of its last fiscal year.
(e) Any other facts which the commissioner may require.
This section of the annual report shall be furnished in duplicate, one copy, duly certified as such, to be returned to the reporting organization, which, with the exception of paragraph (c) of subsection 2, shall be published at least two times in some newspaper having a general circulation in the county in which the association maintains an office. Publication shall be completed on or before May 1, and proof thereof shall be filed in the office of the commissioner.
3. One section of the annual report shall contain such other information as the commissioner may require to be furnished therein. This section need not be published and shall be treated as confidential by the commissioner.
4. At the time of filing of its annual report, every association shall be required to pay to the commissioner for supervision and examination:
(a) An annual fee of $200 for each home office, and an annual assessment on its gross assets computed per $1,000 as of December 31 of the preceding year at the rate of 15 cents per $1,000 of gross assets.
(b) An annual fee of $100 for each branch office.
[(c) Any assessment levied pursuant to the provisions of subsection 3 of NRS 673.260.]
κ1965 Statutes of Nevada, Page 1140 (CHAPTER 418, SB 308)κ
5. All sums so received by the commissioner shall be forthwith delivered to the state treasurer and shall be paid into the general fund in the state treasury.
6. At the time of filing its annual report, every foreign savings and loan association, company or corporation, doing business in this state, whether or not doing business by and through agents or representatives in this state, except federally chartered savings and loan associations having their home offices located within the State of Nevada, shall be required to obtain a license to do business within the State of Nevada. The license shall be issued by the commissioner in accordance with the provisions of NRS 673.080 and shall be subject to the provisions of NRS 673.260.
Sec. 8. NRS 673.460 is hereby amended to read as follows:
673.460 1. Whenever in connection with such examinations it shall be necessary or expedient that the commissioner or his deputy, or both, shall leave this state, there shall be assessed against the organization under examination a fee of $25 per day for each such commissioner and deputy while without the state in such connection, together with all actual and necessary expenses.
2. The fee so charged shall be remitted to the commissioner, who shall deliver the same to the state treasurer forthwith, and such fees shall be paid into the [savings and loan] general fund in the state treasury.
Sec. 9. On July 1, 1965, all moneys in the savings and loan fund in the state treasury shall be transferred from such fund into the general fund in the state treasury.
________
Senate Bill No. 311Committee on Judiciary
CHAPTER 419
AN ACT to amend NRS section 645.140, relating to funds of the real estate division of the department of commerce, by providing that all fees and charges collected by the division shall be paid to the general fund in the state treasury, that the division shall be supported by general appropriations, and that all unexpended funds shall be transferred annually to the general fund; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.140 is hereby amended to read as follows:
645.140 1. All fees and charges received by the real estate division shall be deposited in the [real estate division fund which is hereby created] general fund in the state treasury. [No moneys in the real estate division fund shall be transferred to the general fund in the state treasury at any time.
2. The real estate division is empowered to expend the fees and charges for the requirements, purposes and expenses of the real estate division, to the extent authorized by the legislature.]
κ1965 Statutes of Nevada, Page 1141 (CHAPTER 419, SB 311)κ
charges for the requirements, purposes and expenses of the real estate division, to the extent authorized by the legislature.] Funds for the support of the real estate division shall be provided by direct legislative appropriation, and shall be paid out on claims as other claims against the state are paid.
2. Each member of the commission shall receive:
(a) A salary of not more than $25 per day, as fixed by the commission, while engaged in the business of the commission.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the commission.
[3. Total expenditures for any purpose shall not exceed total collections by the real estate division.]
Sec. 2. On July 1, 1965, all moneys in the real estate division fund in the state treasury shall be transferred from such fund into the general fund in the state treasury.
________
Senate Bill No. 312Senator Lamb
CHAPTER 420
AN ACT to amend an act entitled An Act concerning Lincoln county officers, providing for the appointment of their deputies, defining the duties of said officers and deputies, and fixing their compensation; and repealing all acts and parts of acts inconsistent with the provisions of this act, approved March 13, 1953, as amended.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 95, Statutes of Nevada 1953, as last amended by chapter 183, Statutes of Nevada 1963, at page 291, is hereby amended to read as follows:
Section 1. The compensation of the respective officers of Lincoln County, Nevada, is hereby fixed as follows, to be allowed, audited and paid semimonthly.
The county commissioners shall each receive an annual salary of [$2,400.] $2,640. The sheriff, the county clerk, the county recorder, the county treasurer, the county assessor and the district attorney shall each receive an annual salary of [$6,000. The sheriff shall receive an annual salary of $6,000.] $6,600.
Sec. 2. This act shall become effective on the 1st Monday in January 1967.
________
κ1965 Statutes of Nevada, Page 1142κ
Senate Bill No. 319Committee on Judiciary
CHAPTER 421
AN ACT to amend chapter 213 of NRS, relating to pardons and paroles, by adding new sections empowering the state board of parole commissioners to delegate hearing authority to designated referees or panels; prescribing conditions for the exercise of such delegation; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. In considering applications for parole, the state board of parole commissioners may delegate its authority to hear, consider and act upon such applications to:
(a) A case hearing representative designated pursuant to the provisions of section 3 of this act, sitting as a referee; or
(b) A panel consisting of:
(1) Two or more members of such board, two of whom shall constitute a quorum;
(2) A member of such board and a case hearing representative; or
(3) Two case hearing representatives.
2. No action taken by any panel created pursuant to paragraph (b) of subsection 1 shall be valid unless concurred in by a majority vote of those sittting on such panel.
3. As a condition of delegating its authority to such referee or panel, the board shall require that the decision of such referee or panel be subject to final approval by the affirmative action of a majority of the members appointed to the board. Such action may be taken at a meeting of the board, or without a meeting by the delivery of written approval to the secretary of the board.
4. The degree of complexity of issues presented shall be taken into account, in any event, before the board makes any delegation of its authority and before it determines the extent of such delegation.
5. Basic types of delegable cases shall be determined upon and denominated as such in the rules and regulations established pursuant to the provisions of subsection 1 of NRS 213.110.
Sec. 3. 1. The state board of parole commissioners may, upon the basis of qualification requirements it deems pertinent and essential, establish and maintain a list of persons who shall be considered eligible to serve as case hearing representatives in the manner provided by section 2 of this act.
2. The chairman of the board may, as the necessities of the case load demand, designate a person or persons from such list to serve as a case hearing representative, either as a referee or as a member of a panel in the manner provided by section 2 of this act.
________
κ1965 Statutes of Nevada, Page 1143κ
Senate Bill No. 322Committee on Judiciary
CHAPTER 422
AN ACT to amend Title 3 of NRS, relating to remedies, special actions and proceedings, by adding a new chapter limiting the cases in which punitive or exemplary damages may be awarded.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 3 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as section 2 of this act.
Sec. 2. In any action for the recovery of money damages, except in actions for defamation, punitive or exemplary damages may be allowed only where:
1. The defendant or defendants are guilty of actual oppression, fraud or malice; and
2. Compensatory damages are allowed.
________
Senate Bill No. 323Senator Titlow
CHAPTER 423
AN ACT fixing the minimum and maximum salary limitations for certain Nye County officers; providing for the appointment of deputies, assistants, clerks and stenographers; providing for travel expenses; to repeal chapter 26, Statutes of Nevada 1953, as amended, relating to the compensation and fees of Nye County officers; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Beginning on July 1, 1967, the following officers of Nye County, Nevada, shall receive in full payment for all services rendered by them salaries to be fixed by resolution of the board of county commissioners of Nye County within minimum and maximum amounts as follows:
1. The sheriff shall receive a salary of not less than $7,200 nor more than $9,000 per annum, payable in equal monthly installments as full compensation for his services to the county as sheriff or in any ex officio capacity of any kind whatsoever. He shall have one undersheriff, to be selected by him, and such other deputies and employees, to be selected by him, as the board of county commissioners may deem necessary, who shall receive such compensation as the board may direct. The sheriff shall collect for all services in his office, and pay over monthly into the county treasury, such fees as are provided for in NRS 248.290, except that in lieu of the mileage provided in NRS 248.290 the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court, and, that where there is a deputy or other officer so located as to perform such service, without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged.
κ1965 Statutes of Nevada, Page 1144 (CHAPTER 423, SB 323)κ
248.290 the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court, and, that where there is a deputy or other officer so located as to perform such service, without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged.
2. The county assessor shall receive a salary of not less than $7,200 nor more than $9,000 per annum, payable in equal monthly installments as full compensation for his services to the county as assessor or in any ex officio capacity of any kind whatsoever. He shall have such other deputies, assistants, clerks or other employees, to be selected by him, as the board of county commissioners may deem necessary, who shall receive such compensation as the board may direct. The county assessor shall collect and pay over to the county treasury of Nye County all such fees and taxes as are now provided by law.
3. The county recorder and auditor shall receive a salary of not less than $7,200 nor more than $9,000 per annum, payable in equal monthly installments as full compensation for his services to the county as recorder and auditor or in any ex officio capacity of any kind whatsoever. He shall have such other deputies, assistants, clerks or other employees, to be selected by him, as the board of county commissioners may deem necessary, who shall receive such compensation as the board may direct. The county recorder and auditor shall collect and pay over to the county treasury of Nye County all such fees and taxes as are now provided by law.
4. The county clerk and treasurer shall receive a salary of not less than $7,200 nor more than $9,000 per annum, payable in equal monthly installments as full compensation of his services to the county as clerk and treasurer or in any ex officio capacity of any kind whatsoever. He shall have such other deputies, assistants, clerks or other employees, to be selected by him, as the board of county commissioners may deem necessary, who shall receive such compensation as the board may direct. The county clerk and treasurer shall collect and pay over to the county treasury of Nye County all such fees and taxes as are now provided by law.
5. The district attorney shall receive a salary of not less than $7,200 nor more than $9,000 per annum, payable in equal monthly installments as full compensation for his services to the county as district attorney or in any ex officio capacity of any kind whatsoever. He shall have such other deputies, assistants, clerks or other employees, to be selected by him, as the board of county commissioners may deem necessary, who shall receive such compensation as the board may direct.
6. The members of the board of county commissioners of Nye County, Nevada, shall receive for their services as county commissioners not less than $250 per month nor more than $400 per month, and $50 per month each as compensation for their services on the board of county commissioners acting as the board of trustees of the unincorporated towns of Tonopah, Round Mountain, Manhattan, Beatty and Pahrump.
Sec. 2. The above-named county officers and deputies shall be allowed all their actual travel expenses, consisting of actual costs of transportation and living while absent from the county seat in the performance of their official duties.
κ1965 Statutes of Nevada, Page 1145 (CHAPTER 423, SB 323)κ
transportation and living while absent from the county seat in the performance of their official duties. Such expenses shall be first audited and allowed by the board of county commissioners.
Sec. 3. Any action required to be taken by the board of county commissioners pursuant to this act, including without limitation the fixing of salaries of the named county officers, the fixing of compensation for their deputies and employees, and the allowance of expenses, may be taken by the affirmative vote of a majority of the members elected to the board.
Sec. 4. Chapter 26, Statutes of Nevada 1953, as amended, is hereby repealed.
Sec. 5. This act shall become effective on July 1, 1967.
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Senate Bill No. 328Committee on Aviation, Transportation and Highways
CHAPTER 424
AN ACT to amend chapter 484 of NRS, relating to traffic laws, by adding a new section empowering the board of directors of the department of highways to increase the size and weight limits on vehicles to whatever extent authorized by federal legislation; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board of directors of the department of highways may by resolution authorize the movement of vehicles upon the public highways, including without limitation motor vehicles, tractors, trailers, semitrailers and combinations thereof, of a size and weight in excess of the limits prescribed by this chapter, to such extent as may be authorized by any legislation enacted by the Congress of the United States permitting such increases without forfeiture of this states eligibility for federal aid in highway construction and maintenance.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1146κ
Senate Bill No. 333Committee on Judiciary
CHAPTER 425
AN ACT describing by metes and bounds the real property comprising the capitol complex at Carson City, Nevada.
[Approved April 13, 1965]
Whereas, The legislature of the State of Nevada has appropriated moneys for the acquisition of real property to comprise the capitol complex at Carson City, Nevada; and
Whereas, The real property to be acquired pursuant to such appropriations was not legally described therein; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state lands for whose acquisition and improvement money was appropriated by section 2 of chapter 485, Statutes of Nevada 1963, at page 1363, and by sections 11 and 13 of chapter 319, Statutes of Nevada 1961, at page 612, and by subsection 10 of section 2 of chapter 458, Statutes of Nevada 1959, at page 791, which comprise the capitol complex, Carson City, Ormsby County, Nevada, consist of the following described real property:
Beginning at the SE corner of the intersection of Carson and Musser Streets of Carson City, Ormsby County, Nevada; thence, first course, southerly along the east line of Carson Street to the north line of East 5th Street; thence, second course, easterly along the north line of East 5th Street to its intersection with the centerline of Valley Street; thence, third course, northerly along the centerline of Valley Street to its intersection with the centerline of East 4th Street; thence, fourth course, easterly along the centerline of East 4th Street to its intersection with the centerline of Anderson Street; thence, fifth course, northerly along the centerline of Anderson Street and Anderson Street prolonged, to the centerline of King Street; thence, sixth course, westerly along the centerline of King Street 71.20 feet, more or less, to the extended centerline of Anderson Street north; thence, seventh course, northerly along the extended centerline of Anderson Street to its intersection with the south line of Musser Street; thence, eighth and last course, westerly along the south line of Musser Street to the SE corner of the intersection of Carson and Musser Streets, the point of beginning.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1147κ
Senate Bill No. 334Committee on Finance
CHAPTER 426
AN ACT to amend chapter 218 of NRS, relating to the state legislature, by adding new sections authorizing the payment of per diem expense allowances to the secretary of the senate and the chief clerk of the assembly; to amend NRS section 218.085, relating to the legislative fund and authorized expenditures therefrom, by adding references to the per diem expense allowances of the secretary of the senate and the chief clerk of the assembly; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. By adoption of a simple resolution the senate may authorize the payment to the secretary of the senate of a per diem expense allowance of $15 per day from the legislative fund while the legislature is in session, but the total amount paid shall not exceed the sum of $900 in any regular legislative session or the sum of $300 in any special legislative session.
Sec. 3. By adoption of a simple resolution the assembly may authorize the payment to the chief clerk of the assembly of a per diem expense allowance of $15 per day from the legislative fund while the legislature is in session, but the total amount paid shall not exceed the sum of $900 in any regular legislative session or the um of $300 in any special legislative session.
Sec. 4. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a continuing fund in the state treasury for the use of the legislature.
2. Support for the legislative fund shall be provided by legislative appropriation from the general fund.
3. Except as provided in subsection 4, expenditures from the legislative fund shall be made only for the purpose of carrying out the provisions of NRS 218.090 to 218.230, inclusive, NRS 218.280 to 218.520, inclusive, sections 2 and 3 of this act, and section 33 of article 4 of the constitution of the State of Nevada, for reimbursement of the superintendent of state printing for the printing of legislators official stationery, cards and other material appropriate to their official duties, as may be authorized by the committee on legislative functions of each house, for the purchase of necessary supplies and equipment, and for the payment of routine operating expenses.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 of this section shall be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. All moneys in the legislative fund shall be paid out on claims approved by the director of the legislative counsel bureau as other claims against the state are paid.
Sec. 5. This act shall become effective upon passage and approval, and shall operate retroactively to January 18, 1965, it being the intention of the 53rd session of the legislature to authorize the adoption of simple resolutions by the senate and the assembly authorizing the payment of per diem expense allowances pursuant to the provisions of this act to the secretary of the senate and the chief clerk of the assembly of the 53rd session of the legislature.
κ1965 Statutes of Nevada, Page 1148 (CHAPTER 426, SB 334)κ
and shall operate retroactively to January 18, 1965, it being the intention of the 53rd session of the legislature to authorize the adoption of simple resolutions by the senate and the assembly authorizing the payment of per diem expense allowances pursuant to the provisions of this act to the secretary of the senate and the chief clerk of the assembly of the 53rd session of the legislature.
________
Assembly Bill No. 52Committee on Education
CHAPTER 427
AN ACT to amend NRS sections 385.140 and 385.230, relating to the state department of education bulletin and the superintendent of public instructions biennial report to the governor, by allowing the bulletin to be reproduced in the state printing office by any method within funds available and by eliminating certain items to be included in the report; to amend NRS sections 385.300 to 385.350, inclusive, 385.370, 385.390 and 385.420 to 385.460, inclusive, relating to qualifications, appointment, powers and duties of the second assistant superintendent and deputy superintendents of public instruction, by changing the title of the second assistant superintendent of public instruction and by authorizing appointment and specifying duties of supervisory personnel in addition to deputy superintendents of public instruction; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 385.230 is hereby amended to read as follows:
385.230 1. The superintendent of public instruction shall report to the governor biennially, on or before December 1, in the year immediately preceding a regular session of the legislature. The governor shall transmit the report to the legislature at its first regular session thereafter.
2. The report shall contain:
(a) A statement of the public school affairs in the state.
(b) A statement of the condition and amount of all funds and property apportioned and dedicated to the purposes of public education or under the control or supervision of the superintendent of public instruction.
(c) [The number of schools in each county.
(d) The number of children under the age of 18 years attending public schools in each county.
(e)] The amount of public school moneys apportioned to each county.
[(f)] (d) The separate amount of money raised by county taxation and the sources thereof.
[(g)] (e) The amount of money raised for building public schoolhouses.
[(h)] (f) A statement of plans for the management and improvement of public schools.
κ1965 Statutes of Nevada, Page 1149 (CHAPTER 427, AB 52)κ
[(i)] (g) Such other information relative to the educational affairs of the public schools of the state as the superintendent of public instruction shall deem proper.
Sec. 2. NRS 385.300 is hereby amended to read as follows:
385.300 1. The superintendent of public instruction shall have power to appoint [a second] an assistant superintendent of public instruction [.] for administration.
2. The [second] assistant superintendent of public instruction for administration shall:
(a) Be a graduate of a 4-year accredited college or university.
(b) Have familiarity with the field of education, as evidenced by either:
(1) Sufficient college credits in education to qualify for a Nevada high school teachers certificate; or
(2) Participation in recognized educational research and study.
(c) Have familiarity with the general field of public administration and budgeting, as evidenced by either:
(1) Sufficient college credits to qualify for a minor in public administration, government management or business management; or
(2) Experience in the preparation of government budgets, government accounting or government research.
3. No person shall be appointed to the position of [second] assistant superintendent of public instruction for administration unless he has the qualifications herein outlined in both the fields of education and public administration.
Sec. 3. NRS 385.310 is hereby amended to read as follows:
385.310 The powers and duties of the [second] assistant superintendent of public instruction for administration shall be:
1. To perform all duties pursuant to the contract of integration of the public school teachers retirement system with the public employees retirement system.
2. To apportion all state school funds to schools of the state as prescribed by law.
3. To develop for schools of the state a uniform system of budgeting and accounting, which system, when approved by the superintendent of public instruction and the state board of education, shall be made mandatory for all public schools in the state, and shall be enforced by the superintendent of public instruction as provided for in subsection 2 of NRS 385.315.
4. To carry on a continuing study of school finance in the state, and particularly of the method by which schools are financed on the state level, and to make such recommendations to the superintendent of public instruction and the state board of education as he may, from time to time, deem advisable.
5. To recommend to the superintendent of public instruction and the state board of education such changes in budget and financial procedures as his studies may show to be advisable.
6. To perform any other statistical and financial duties pertaining to the administration and finance of the schools of the state as may, from time to time, be required by the superintendent of public instruction.
κ1965 Statutes of Nevada, Page 1150 (CHAPTER 427, AB 52)κ
7. To prepare the budgets of the state department of education for biennial submission to the governor.
8. To employ one secretary at the rate fixed in accordance with the pay plan adopted by the state pursuant to the provisions of chapter 284 of NRS.
Sec. 4. NRS 385.315 is hereby amended to read as follows:
385.315 In addition to the powers and duties prescribed in NRS 385.310, the [second] assistant superintendent of public instruction for administration shall:
1. Investigate any claim against any school fund whenever a written protest against the drawing of a warrant in payment of the claim against any school fund shall be filed with the county auditor. If, upon investigation, the [second] assistant superintendent of public instruction for administration find that any claim against any school fund is unearned, illegal or unreasonably excessive, he shall notify the county auditor and the clerk of the board of trustees who drew the order for such claim, stating the reasons in writing why such order is unearned, illegal or excessive. If so notified, the county auditor shall not draw his warrant in payment of such claim. If the [second] assistant superintendent of public instruction for administration finds that any protested claim is legal and actually due the claimant, he shall authorize the county auditor to draw his warrant for such claim, and the county auditor shall immediately draw his warrant in payment of the claim.
2. Inspect the record books and accounts of boards of trustees, and he shall authorize and enforce an efficient method of keeping the financial records and accounts of the school district.
3. Inspect the school fund accounts of the county auditors of the several counties, and he shall report the condition of the funds of any school district to the board of trustees thereof.
Sec. 5. NRS 385.320 is hereby amended to read as follows:
385.320 1. The first [and second] assistant [superintendents] superintendent of public instruction and the assistant superintendent of public instruction for administration shall receive salaries which shall be fixed in accordance with the pay plan adopted by the state pursuant to the provisions of chapter 284 of NRS, and they shall receive subsistence and travel expenses as provided by law.
2. Funds to carry out the provisions of this section shall be provided by direct legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.
Sec. 6. NRS 385.330 is hereby amended to read as follows:
385.330 1. The superintendent of public instruction, with the approval of the state board of education, may appoint such number of deputy superintendents of public instruction and other supervisory personnel as is necessary to carry out the duties of his office.
2. The office of each deputy superintendent of public instruction or other supervisory personnel shall be located where, in the judgment of the superintendent of public instruction and the state board of education, the needs of the education program can best be served.
3. Each deputy superintendent or supervisor shall perform such duties as are assigned by the superintendent of public instruction and the state board of education.
κ1965 Statutes of Nevada, Page 1151 (CHAPTER 427, AB 52)κ
Sec. 7. NRS 385.340 is hereby amended to read as follows:
385.340 The qualifications for [the office of] deputy [superintendent] superintendents of public instruction and for other supervisory personnel shall be fixed by the personnel division of the department of administration.
Sec. 8. NRS 385.350 is hereby amended to read as follows:
385.350 1. The compensation of each deputy superintendent of public instruction and each supervisor shall be paid out of funds appropriated by the legislature from the general fund in the same manner as the salaries of other state officers are paid.
2. All claims for traveling expenses, including the cost of transportation and cost of living, as fixed by law for state officers, of each deputy superintendent of public instruction and each supervisor while absent from his place of residence, together with necessary office expenses, shall be paid out of funds appropriated by the legislature from the general fund, whenever such claims shall be allowed by the state board of examiners.
Sec. 9. NRS 385.370 is hereby amended to read as follows:
385.370 When the state board of education shall order his attendance, a deputy superintendent of public instruction or other supervisor shall attend the meetings of the state board of education to furnish information as may be required by the state board of education.
Sec. 10. NRS 385.390 is hereby amended to read as follows:
385.390 The superintendent of public instruction may appoint deputy superintendents of public instruction or other supervisory personnel to act as examiners at teachers examinations, and to assist the state board of education in preparing courses of study.
Sec. 11. NRS 385.420 is hereby amended to read as follows:
385.420 1. Deputy superintendents of public instruction and supervisory personnel are authorized to administer:
(a) Oaths or affirmations of office to teachers.
(b) All other oaths and affirmations relating to public schools.
2. The superintendent of public instruction shall confer upon the deputy superintendents of public instruction and other supervisory personnel such power and authority to act in his name as he shall deem proper, but such power and authority conferred shall be in accordance with the laws of this state.
Sec. 12. NRS 385.430 is hereby amended to read as follows:
385.430 The state board of education shall adopt such rules and regulations further defining the powers and duties of deputy superintendents of public instruction and other supervisory personnel as shall, in its judgment, be necessary to secure efficiency and coordination. The rules and regulations, when adopted, shall be in accordance with the law of this state, and may be modified as the board deems necessary.
Sec. 13. NRS 385.440 is hereby amended to read as follows:
385.440 The superintendent of public instruction shall have the power to require written reports from each deputy superintendent of public instruction and other supervisory personnel at such times as he may direct.
Sec. 14. NRS 385.450 is hereby amended to read as follows:
385.450 1. From any decision made by any deputy superintendent of public instruction or other supervisor affecting adversely the rights, powers or duties of any teacher or board of trustees as fixed by law, in any case in which no appeal is allowed to be taken to the state board of education, an appeal may be taken to the superintendent of public instruction.
κ1965 Statutes of Nevada, Page 1152 (CHAPTER 427, AB 52)κ
of public instruction or other supervisor affecting adversely the rights, powers or duties of any teacher or board of trustees as fixed by law, in any case in which no appeal is allowed to be taken to the state board of education, an appeal may be taken to the superintendent of public instruction.
2. The superintendent of public instruction shall have the power to act on appeals from decisions by deputy superintendents of public instruction or other supervisors when there is no appeal to the state board of education. The decision of the superintendent of public instruction on such appeals shall be final.
Sec. 15. NRS 385.460 is hereby amended to read as follows:
385.460 When required, the attorney general shall give his opinion in writing and without fee to the first assistant superintendent of public instruction, the assistant superintendent of public instruction for administration and the deputy superintendents of public instruction on matters relating to the duties of their offices.
Sec. 15.5. NRS 385.140 is hereby amended to read as follows:
385.140 The board [shall] may publish a bulletin as the official organ of the state department of education. The bulletin [shall be printed in the state printing office.] may be mimeographed, printed, or reproduced by any other method in the state printing office, within the funds available for such purpose.
Sec. 16. This act shall become effective upon passage and approval.
________
Assembly Bill No. 130Committee on Ways and Means
CHAPTER 428
AN ACT relating to benefits payable to widows of justices of the supreme court and district judges; to amend NRS section 2.070, relating to benefits for widows of justices of the supreme court, by increasing such benefits; to amend chapter 3 of NRS, relating to district courts and judges, by adding a new section providing for pensions for widows of district judges; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.070 is hereby amended to read as follows:
2.070 1. [In the event a justice of the supreme court at the time of his death is eligible to receive a pension under the provisions of any statute or law of the State of Nevada,] If a justice of the supreme court at the time of his death had retired and was then receiving a pension under the provisions of NRS 2.060, or if at the time of his death he had not retired but had performed sufficient service for retirement under the provisions of NRS 2.060, his widow, providing she has attained the age of 65 years, shall be entitled, until her death or remarriage, to receive the sum of [$200] $350 per month.
κ1965 Statutes of Nevada, Page 1153 (CHAPTER 428, AB 130)κ
2. To be entitled to receive the benefits herein provided for, the widow must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable rules and regulations to be adopted for the purpose of carrying out the intent of this section.
3. It is the intent of this section that no special fund be created for the purpose of paying the benefits herein required to be made, and any and all payments made under the provisions of this section are specifically directed to be made out of and charged to any fund now or hereafter created for the purpose of paying pension benefits to justices of the supreme court.
Sec. 2. Chapter 3 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If a district judge at the time of his death had retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his death he had not retired but had performed sufficient service for retirement under the provisions of NRS 3.090, his widow, providing she has attained the age of 65 years, shall be entitled, until her death or remarriage, to receive the sum of $350 per month.
2. To be entitled to receive the benefits herein provided for, the widow must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable rules and regulations to be adopted for the purpose of carrying out the intent of this section.
3. It is the intent of this section that no special fund be created for the purpose of paying the benefits herein required to be made, and any and all payments made under the provisions of this section are specifically directed to be made out of and charged to any fund now or hereafter created for the purpose of paying pension benefits to district judges.
Sec. 3. Any widow of a justice of the supreme court who has been receiving the sum of $200 per month pursuant to the provisions of NRS 2.070 as it read prior to its amendment by this act shall, without further action on her part, on and after July 1, 1965, receive until her death or remarriage the sum of $350 per month.
________
κ1965 Statutes of Nevada, Page 1154κ
Assembly Bill No. 131Committee on Ways and Means
CHAPTER 429
AN ACT increasing the salaries of justices of the supreme court and district judges; to amend NRS sections 2.050, 213.015 and 3.030, relating to salaries of justices of the supreme court and district judges and salaries of the members of the state board of pardons commissioners who are justices of the supreme court, by increasing the salaries of justices of the supreme court and the district judges; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.050 is hereby amended to read as follows:
2.050 1. Until the 1st Monday in January [1963,] 1967, the justice of the supreme court whose term of office expires on the 1st Monday in January [1963] 1967 shall receive an annual salary of [$15,000.] $18,000. From and after the 1st Monday in January [1963,] 1967, his successor and successors in office shall receive an annual salary of [$20,000.] $22,000.
2. Until the 1st Monday in January [1965,] 1969, the justice of the supreme court whose term of office expires on the 1st Monday in January [1965] 1969 shall receive an annual salary of [$18,000.] $20,000. From and after the 1st Monday in January [1965,] 1969, his successor and successors in office shall receive an annual salary of [$20,000.] $22,000.
3. Until the 1st Monday in January [1967,] 1971, the justice of the supreme court whose term of office expires on the 1st Monday in January [1967] 1971 shall receive an annual salary of [$18,000.] $20,000. From and after the 1st Monday in January [1967,] 1971, his successor and successors in office shall receive an annual salary of [$20,000.] $22,000.
4. All salaries herein provided for shall be payable in semi-monthly installments as other state officers are paid.
Sec. 2. NRS 213.015 is hereby amended to read as follows:
213.015 1. Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $18,000 shall, as a member of the board, receive an annual salary of $2,000.
2. Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $20,000 shall, on and after the 1st Monday in January 1967, as a member of the board, receive [no salary as a member of the board.
3.] an annual salary of $2,000.
3. Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $22,000 shall receive no salary as a member of the board.
4. The salaries provided for in this section shall be paid out of moneys provided by direct legislative appropriation from the general fund.
Sec. 3. NRS 3.030 is hereby amended to read as follows:
3.030 1. Until the 1st Monday in January [1963,] 1967, the annual salary of each district judge provided for in NRS 3.010 shall be [$15,000.]
κ1965 Statutes of Nevada, Page 1155 (CHAPTER 429, AB 131)κ
salary of each district judge provided for in NRS 3.010 shall be [$15,000.] $17,500. From and after the 1st Monday in January [1963,] 1967, the annual salary of each district judge provided for in NRS 3.010 shall be [$17,500.] $19,500.
2. All of the salaries shall be paid in monthly installments out of the district judges salary fund, which is hereby created in the state treasury and which shall be supplied in the following manner:
(a) From the moneys provided by direct legislative appropriation from the general fund, the state treasurer and state controller shall remit quarterly to the respective county treasurers a sum of money equal to such countys proportionate share of the money necessary to pay the judge or judges of its district their respective salaries for such quarter. Each countys proportionate share shall be based upon the number of counties within the judicial district of which such county is a part.
(b) Immediately upon receipt of the moneys provided for in paragraph (a) of this subsection, the respective county treasurers shall remit the same to the state treasurer and the state controller for deposit in the district judges salary fund.
3. No salary of any district judge shall be paid in advance.
________
Assembly Bill No. 167Committee on Ways and Means
CHAPTER 430
AN ACT authorizing the state department of conservation and natural resources to enter into cooperative agreements with the United States Department of Agriculture for conducting statewide river basin studies and with the State of California for such studies on interstate stream systems; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state department of conservation and natural resources is hereby authorized to enter into cooperative agreements with the United States Department of Agriculture for the purpose of conducting statewide river basin studies authorized for federal participation under section 6, Public Law 566, being 68 Stat. 666, approved August 4, 1954, as amended, also designated as 16 U.S.C. § 1006.
Sec. 2. The state department of conservation and natural resources is hereby further authorized to cooperate with and include the State of California in studies pertaining to the Central Lahontan Basin area consisting of the Truckee, Carson and Walker River watersheds.
________
κ1965 Statutes of Nevada, Page 1156κ
Assembly Bill No. 177Committee on Ways and Means
CHAPTER 431
AN ACT making supplemental appropriations from the state highway fund and the general fund in the state treasury for various purposes; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. For the fiscal year ending June 30, 1965, there is hereby appropriated from the state highway fund:
(a) The sum of $3,503 for the support of the public service commission of Nevada as an additional and supplemental appropriation to that allowed and made by section 35 of chapter 476, Statutes of Nevada 1963.
(b) The sum of $750.30 for payment by the state controller and the state treasurer to Pops Oasis Motel for goods and services heretofore rendered to the state.
2. For the fiscal year ending June 30, 1965, there is hereby appropriated from the general fund in the state treasury:
(a) The sum of $6,881 for the support of the state board of parole commissioners as an additional and supplemental appropriation to that allowed and made by section 31 of chapter 476, Statutes of Nevada, 1963.
(b) The sum of $4,473.27 to the Nevada state prison for payment to the state board of fish and game commissioners for feed, grain and pasture heretofore furnished to the Nevada state prison.
(c) The sum of $27,070 for the support of the Nevada state prison as an additional and supplemental appropriation to that allowed and made by section 29 of chapter 476, Statutes of Nevada 1963.
(d) The sum of $1,249.69 to the state department of education for payment to the United States Office of Education, Department of Health, Education, and Welfare.
(e) The sum of $20,000 to the welfare division of the department of health and welfare for old-age assistance as an additional and supplemental appropriation to that allowed and made by section 28 of chapter 476, Statutes of Nevada 1963.
Sec. 2. After June 30, 1965, unexpended balances of the appropriations made by section 1 of this act shall not be encumbered or committed for expenditure and shall revert to the fund from which appropriated on September 1, 1965. None of the moneys appropriated by section 2 of this act shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1157κ
Assembly Bill No. 185Committee on Taxation
CHAPTER 432
AN ACT to amend chapter 361 of NRS, relating to the property tax, by adding new sections providing for the assessment and collection of property tax upon the leasing or use by persons for profit or business of real and personal property which is otherwise exempt from taxation; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. When any real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a private individual, association, partnership or corporation in connection with a business conducted for profit, it shall be subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of such real estate. This section does not apply to:
(a) Property located upon or within the limits of a public airport, park, market, fairground or upon similar property which is available to the use of the general public; or
(b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed; or
(c) Property of any state-supported educational institution; or
(d) Property leased or otherwise made available to and used by a private individual, association, corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service, the Bureau of Reclamation of the United States Department of the Interior or other federal agency.
2. Taxes shall be assessed to such lessees or users of real estate and collected in the same manner as taxes assessed to owners of real estate, except that such taxes shall not become a lien against the property. When due, such taxes shall constitute a debt due from the lessee or user to the county for which such taxes were assessed and if unpaid shall be recoverable by the county in the proper court of such county.
Sec. 3. 1. Personal property exempt from taxation which is leased, loaned or otherwise made available to and used by a private individual, association or corporation in connection with a business conducted for profit is subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of such property.
2. Taxes shall be assessed to such lessees or users of such personal property and collected in the same manner as taxes assessed to owners of personal property, except that such taxes shall not become a lien against such personal property. When due, such taxes constitute a debt due from the lessee or user to the county for which such taxes were assessed and if unpaid shall be recoverable by the county in the proper court of such county.
κ1965 Statutes of Nevada, Page 1158 (CHAPTER 432, AB 185)κ
assessed and if unpaid shall be recoverable by the county in the proper court of such county.
Sec. 4. Nothing contained in this act shall:
1. Apply to or be construed to apply to any judicial action or proceeding pending in this state on the effective date of this act in which the subject matter of such action or proceeding is the question of taxability or exemption from state and county taxation of leasehold interests in real estate owned by the Federal Government or its agencies. In this regard the contents of this act are to be applied prospectively only, it being the intention of the legislature not to make such pending judicial actions or proceedings moot by the passage of this act.
2. Be construed to prevent municipal corporations, quasi-municipal corporations and political subdivisions from executing agreements with each other where by the terms of such agreements payments of money are made or are to be made in amounts approximating taxes which might otherwise be lawfully assessed if the real estate could be lawfully assessed, and the execution of such agreements is specifically authorized.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 198Mr. Bailey
CHAPTER 433
AN ACT fixing the state ad valorem tax levies for the 2 fiscal years commencing July 1, 1965, and ending June 30, 1966, and commencing July 1, 1966, and ending June 30, 1967; providing for the levy and collection of ad valorem taxes on personal property not placed on the secured tax roll; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year commencing July 1, 1965, and ending June 30, 1966, an ad valorem tax of 28 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
Sec. 2. For the fiscal year commencing July 1, 1966, and ending June 30, 1967, an ad valorem tax of 28 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
κ1965 Statutes of Nevada, Page 1159 (CHAPTER 433, AB 198)κ
not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 236Mr. Fike, Mrs. Tyson, Messrs. Bowler, Bailey, Close, Miss Herr, Messrs. Alleman, Godbey, Gray, Kean and Bunker
CHAPTER 434
AN ACT to amend chapter 108 of NRS, relating to statutory liens, by adding new sections providing for the existence and perfection of mechanics liens, assignments, priorities, notices, releases, duration, extension and actions on mechanics liens and releases, and limiting the application of NRS sections 108.010 to 108.220, inclusive; to amend NRS section 108.240, relating to liens of foundrymen and others, by including appropriate reference to such new sections; to repeal NRS section 108.230, relating to liens of woodchoppers; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 25, inclusive, of this act.
Sec. 2. The provisions of NRS 108.010 to 108.220, inclusive, shall apply to any building, improvement or structure which has been commenced, any work which has been done or any materials which have commenced to be furnished prior to July 1, 1965.
Sec. 3. The phrase work of improvement and the word improvement as used in sections 3 to 25, inclusive, of this act are defined to mean the entire structure or scheme of improvement as a whole.
Sec. 4. 1. Every person who performs labor upon or furnishes material of the value of $50 or more, to be used in the construction, alteration or repair of any building, or other superstructure, railway, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, building, bridge, fence or any other structure has a lien upon such premises and the buildings, structures and improvements thereon for work or labor done or material furnished or rented, as the case may be, by each respectively, whether done or furnished at the instance of the owner of the building or other improvement, or at the instance of his agent.
2. All miners, laborers and others who work or labor to the amount of $50 or more in or upon any mine, or upon any shaft, tunnel, adit or other excavation, designed or used for the purpose of prospecting, draining or working any such mine, and all persons who furnish any timber or other material, of the value of $50 or more, to be used in or about any such mine, whether done or furnished at the instance of the owner of such mine or his agent, shall have, and may each respectively claim and hold, a lien upon such mine for the amount and value of the work or labor so performed, or material furnished.
κ1965 Statutes of Nevada, Page 1160 (CHAPTER 434, AB 236)κ
3. Every contractor, subcontractor, architect, builder or other person having charge or control of any mining claim, or any part thereof, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as these terms are used in subsection 1, shall be held to be the agent of the owner, for the purposes of sections 3 to 25, inclusive, of this act.
Sec. 5. Any person who, at the request of the owner of any lot in any incorporated city or town, grades, fills in or otherwise improves such lot, or the street in front of or adjoining such lot, has a lien upon such lot for his work done and materials furnished.
Sec. 6. The land occupied by any building or other superstructure, railroad, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, bridge or fence, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment, is also subject to the lien, if at the commencement of the work, or of the furnishing of the materials for the same, the land belonged to the person who caused the building, improvement or structure to be constructed, altered or repaired; but if such person owned less than a fee simple estate in such land, then only his interest therein is subject to such lien.
Sec. 7. 1. The liens provided for in sections 3 to 25, inclusive, of this act are preferred to:
(a) Any lien, mortgage or other encumbrance which may have attached subsequent to the time when the building, improvement or structure was commenced, work done, or materials were commenced to be furnished.
(b) Any lien, mortgage or other encumbrance of which the lienholder had no notice and which was unrecorded at the time the building, improvement or structure was commenced, work done, or the materials were commenced to be furnished.
2. Every mortgage or encumbrance imposed upon, or conveyance made of, property affected by the liens herein provided for between the time when the building, improvement, structure or work thereon was commenced, or the materials thereof were commenced to be furnished, and the expiration of the time herein fixed in which liens therefor may be recorded, whatever the terms of payment may be, shall be subordinate and subject to the liens in full herein authorized, regardless of the date of recording of the liens.
Sec. 8. 1. Every person claiming the benefit of sections 3 to 25, inclusive, of this act shall record his notice of lien in the form provided in subsection 4, and shall do so:
(a) Before the lapse of 90 days after the completion of the work of improvement; or
(b) Before the lapse of 90 days after the last delivery of material by the lien claimant; or
(c) Before the lapse of 90 days after the last performance of labor by the lien claimant, whichever of the time periods provided in this subsection is the last to expire.
2. The time within which to perfect the lien by recording of the notice of lien is shortened if the provisions of section 10 of this act are complied with and a notice of completion is timely recorded, in which event such notice of lien must be recorded within 30 days immediately following the recording of the notice of completion.
κ1965 Statutes of Nevada, Page 1161 (CHAPTER 434, AB 236)κ
are complied with and a notice of completion is timely recorded, in which event such notice of lien must be recorded within 30 days immediately following the recording of the notice of completion.
3. Any one of the following acts or events is equivalent to completion of the work of improvement for all purposes of sections 3 to 25, inclusive, of this act:
(a) The occupation or use of a building, improvement or structure by the owner, his agent or his representative and accompanied by cessation of labor thereon.
(b) The acceptance by the owner, his agent or his representative of the building, improvement or structure.
(c) The cessation from labor for 30 days upon any building, improvement or structure, or the alteration, addition to or repair thereof.
(d) The recording of the notice of completion provided in section 10 of this act.
4. The notice of mechanics lien shall be recorded in the office of the county recorder of the county where the property or some part thereof is situated and shall contain:
(a) A statement of his demand after deducting all just credits and offsets.
(b) The name of the owner or reputed owner if known.
(c) The name of the person by whom he was employed or to whom he furnished the material.
(d) A statement of the terms, time given and conditions of his contract.
(e) A description of the property to be charged with the lien sufficient for identification.
5. The claim must be verified by the oath of the claimant or some other person. The claim need not be acknowledged to be recorded.
Sec. 9. In addition to the requirements of section 8 of this act, a copy of the claim shall be served upon the record owner of the property within 30 days, in one of the following ways:
1. By delivering a copy to the owner personally; or
2. If he is absent from his place of residence, or from his usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the owner at his place of residence or place of business; or
3. If such place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, then by fixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found, and also sending a copy through the mail addressed to the owner at the place where the property is situated.
Sec. 10. 1. The owner may record a notice of completion as follows:
(a) Within 15 days after the completion of any work of improvement; or
(b) Within 15 days after there has been a cessation from labor thereon for a period of 30 days.
2. The notice of completion shall be recorded in the office of the county recorder of the county where the property is situated and the notice shall set forth:
κ1965 Statutes of Nevada, Page 1162 (CHAPTER 434, AB 236)κ
(a) The date when the work of improvement was competed, or the date on which cessation from labor occurred first and the period of its duration.
(b) The owners name or owners names, as the case may be, the address of the owner or addresses of the owners, as the case may be, and the nature of the title, if any, of the person signing the notice.
(c) A description of the property sufficient for identification.
(d) The name of the contractor, if any.
3. The notice shall be verified by the owner himself or by some other person on his behalf. The notice need not be acknowledged to be recorded.
Sec. 11. 1. Upon the trial of any action or suit to foreclose such lien no variance between the lien and the proof shall defeat the lien or be deemed material unless the same results from fraud or is made intentionally, or has misled the adverse party to his prejudice, but in all cases of immaterial variance the claim of lien may be amended, by amendment duly recorded, to conform to the proof.
2. No error or mistake in the name of the owner or reputed owner contained in any claim of lien shall be held to defeat the lien, unless a correction of the lien in this particular would prejudice the rights of an innocent bona fide purchaser or encumbrancer for value.
3. Upon the trial, however, if it shall appear that an error or mistake has been made in the name of the owner or reputed owner, or that the wrong person has been named as owner or reputed owner in any such claim of lien, the court shall order an amended claim of lien to be recorded with the recorder where the original claim was recorded, and shall issue to the person who is so made to appear to be the original or reputed owner a notice directing such person or persons to be and appear before the court within the same time as is provided by Nevada Rules of Civil Procedure for the appearance in other actions after the service of summons, which notice shall be served in all respects as a summons is required to be served, and to show cause why:
(a) He should not be substituted, in the claim of lien and in the suit, in lieu of the person so made defendant and alleged to be owner or reputed owner by mistake.
(b) He should not be bound by the judgment or decree of the court. Such proceedings shall be had therein as though the party so cited to appear had been an original party defendant in the action or suit, and originally named in the claim of lien as owner or reputed owner, and the rights of all parties shall thereupon be fully adjudicated.
4. A notice of lien which contains therein the description of the real property supplied by and set forth in the notice of completion recorded pursuant to section 10 of this act shall, for all purposes, be sufficient as a description of the actual real property upon which the work or labor was performed or materials were supplied; and amendment of the lien claim or amendment of the pleading filed by the lien claimant in a foreclosure action, or both, may be made to state the correct description, and such corrected description shall relate back to the time of recording such notice of lien claim, unless a correction of the lien in this particular would prejudice the rights of an innocent bona fide purchaser or encumbrancer for value.
κ1965 Statutes of Nevada, Page 1163 (CHAPTER 434, AB 236)κ
Sec. 12. 1. In every case in which one claim is recorded against two or more buildings, mining claims or other improvements owned by the same person, the person recording such claim must at the same time designate the amount due to him on each of such buildings, mining claims or other improvements; otherwise the lien of such claim is postponed to other liens.
2. The lien of such claimant does not extend beyond the amount designated, as against other creditors having liens by judgment or otherwise, upon either of such buildings or other improvements, or upon the land upon which the same are constructed.
Sec. 13. The recorder must record the claim in a book kept by him for that purpose, which record must be indexed as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are allowed by law for recording deeds and other instruments.
Sec. 14. 1. No lien provided for in sections 3 to 25, inclusive, of this act binds any building, mining claim, improvement or structure for a longer period than 6 months after such lien has been recorded, unless:
(a) Proceedings are commenced in a proper court within that time to enforce the same; or
(b) The time to commence the action is extended by a written instrument signed by the lienor and by a person or persons in interest in the property subject to the lien, in which event, and as to only that person or those persons in interest signing the agreement, the time is extended; but no extension shall be valid unless in writing and recorded in the county recorders office in which the lien is recorded and unless the extension agreement is recorded within such 6-month period; and such extension agreement, to be recorded, must be acknowledged as required by law for the acknowledgment of deeds. An action may be commenced within such extended time only as to the persons signing the extension agreement and only as their interests are affected, and upon the lapse of the time specified in the extension agreement, an action may not thereafter be commenced, nor may a second extension be given.
2. For all purposes, a mechanics lien of record shall be deemed to have expired as a lien after the lapse of the 6-month period provided in subsection 1, and such recording shall not provide actual or constructive notice after the lapse of such 6-month period and as a lien on the real property referred to in the recorded notice of lien, unless, prior to the lapse of such 6-month period the extension agreement has been recorded, in which event, the lien shall continue as a lien on the interests of those persons signing the extension for the period specified in the extension and for no longer period.
3. If there are other claims outstanding against the property, no extension shall be given upon the lien which will tend to delay or postpone the collection of other claims or encumbrances against the property; and no extension shall be given for a period in excess of 1 year beyond the recording of the lien.
Sec. 15. Every building or other improvement mentioned in section 4 of this act, constructed upon any lands with the knowledge of the owner or the person having or claiming any interest therein, shall be held to have been constructed at the instance of such owner or person having or claiming any interest therein, and the interest owned or claimed shall be subject to any lien recorded in accordance with the provisions of sections 3 to 25, inclusive, of this act, unless such owner or person having or claiming an interest therein shall, within 3 days after he has obtained knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, give notice that he will not be responsible for such improvement by filing a notice in writing to that effect with the county recorder of the county where the land or building is situated; and, in the instance of:
κ1965 Statutes of Nevada, Page 1164 (CHAPTER 434, AB 236)κ
be held to have been constructed at the instance of such owner or person having or claiming any interest therein, and the interest owned or claimed shall be subject to any lien recorded in accordance with the provisions of sections 3 to 25, inclusive, of this act, unless such owner or person having or claiming an interest therein shall, within 3 days after he has obtained knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, give notice that he will not be responsible for such improvement by filing a notice in writing to that effect with the county recorder of the county where the land or building is situated; and, in the instance of:
1. A lessor, the notice of lien nonresponsibility shall be deemed timely filed if the same has been filed within 3 days immediately following the execution of the lease by all parties as to that construction, alteration or repair, or intended construction, alteration or repair, known to the lessor at the time of the execution of the lease by all parties.
2. An optionor, the notice of lien nonresponsibility shall be deemed timely filed if the same has been filed within 3 days immediately following the execution of the agreement permitting entry upon the real property by all parties as to that construction, alteration, repair, or intended construction, alteration, repair or other work known to the optionor at the time of the execution of the agreement by all parties.
Sec. 16. 1. The contractor shall be entitled to recover, upon a lien recorded by him, only such amount as may be due to him according to the terms of his contract, after deducting all claims of other parties for work done and material furnished, as provided in sections 3 to 25, inclusive, of this act.
2. In all cases where a lien is recorded under sections 3 to 25, inclusive, of this act, for work done or materials furnished to any contractor, he shall defend any action brought thereupon at his own expense. During the pendency of the action, the owner may withhold from the contractor the amount of money for which such lien is filed. In case of judgment against the owner or his property upon the lien, the owner shall be entitled to deduct, from any amount due or to become due by him to the contractor, the amount of the judgment and costs. If the amount of the judgment and costs exceeds the amount due by him to the contractor, or if the owner has settled with the contractor, the owner shall be entitled to recover back from the contractor any amount so paid by the owner in excess of the contract price, and for which the contractor was originally the party liable.
Sec. 17. 1. In every case in which different liens are asserted against any property, the court, in the judgment, must declare the rank of each lien, or class of liens, which shall be in the following order:
First: All labor whether performed at the instance or direction of the owner, subcontractor or the original contractor.
Second: Material suppliers.
Third: The subcontractors, architects and engineers, if such architects and engineers have performed their services, in whole or in part, under contract with the general contractor.
Fourth: The original contractors, architects and engineers, if such architects and engineers have not performed their services, in whole or in part, under contract with the general contractor, and all persons other than original contractors, subcontractors, architects and engineers.
κ1965 Statutes of Nevada, Page 1165 (CHAPTER 434, AB 236)κ
architects and engineers have not performed their services, in whole or in part, under contract with the general contractor, and all persons other than original contractors, subcontractors, architects and engineers.
2. The proceeds of the sale of the property must be applied to each lien, or class of liens, in the order of its rank.
Sec. 18. 1. Any number of persons claiming liens may join in the same action. When separate actions are commenced the court may consolidate them.
2. The court may also allow interest at the rate of 7 percent per annum on the amount of the lien found payable, such interest to accrue and be payable from the date that the payment is found to have been due, and may allow, as part of the costs, the money paid for recording the lien.
3. The court shall also allow to the prevailing party reasonable attorneys fees for the preparation of the lien and for representation of the lien claimant in the action.
Sec. 19. Nothing contained in sections 3 to 25, inclusive, of this act, shall be construed to impair or affect the right of any person to whom any debt may be due for work done or material furnished to maintain a personal action to recover such debt against the person liable therefor.
Sec. 20. 1. Liens may be enforced by an action in any court of competent jurisdiction, on setting out in the complaint the particulars of the demand, with a description of the premises to be charged with the lien.
2. At the time of filing the complaint and issuing the summons, the plaintiff shall cause a notice to be published at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons holding or claiming liens under the provisions of sections 3 to 25, inclusive, of this act, on the premises to file with the clerk and serve on the plaintiff and also on the defendant, if the defendant is within the state or is represented by counsel, written statements of the facts constituting their liens, together with the dates and amounts thereof. The statements shall be filed within 10 days of the last publication of the notice. The plaintiff and other parties adversely interested shall be allowed 5 days to answer such statements.
3. If it appears from the records of the county recorder that there are other lien claims recorded against the same premises at the time of the commencement of the action, the plaintiff shall, in addition to and after the initial publication of the notice as provided in subsection 2, mail to such other lien claimants, by registered mail, a copy of the notice as published.
4. The summons and complaint shall be served upon the defendant, and the defendant shall be allowed to answer, deny or otherwise plead or defend, as provided by the Nevada Rules of Civil Procedure.
5. The court shall enter judgment according to the right of the parties, and shall, by decree, proceed to hear and determine the claims in a summary way, or may, if it be the district court, refer the same to a master to ascertain and report upon the liens and the amount justly due thereon.
κ1965 Statutes of Nevada, Page 1166 (CHAPTER 434, AB 236)κ
a master to ascertain and report upon the liens and the amount justly due thereon. All liens not so exhibited shall be deemed to be waived in favor of those which are so exhibited.
6. On ascertaining the whole amount of the liens with which the premises are justly chargeable, as provided in sections 3 to 25, inclusive, of this act, the court shall cause the premises to be sold in satisfaction of the liens and costs, including costs of suit, and any party in whose favor such judgment may be rendered may cause the premises to be sold within the time and in the manner provided for sales on execution, issued out of any district court, for the sale of real property.
7. If the proceeds of sale, after the payment of costs, are not sufficient to satisfy the whole amount of such liens included in the decree of sale, then the proceeds shall be apportioned according to the right of the several parties. In case the proceeds of sale amount to more than the sum of the liens and the cost of sale, then the remainder shall be paid over to the owner of the property.
8. Each party whose claim is not satisfied in the manner herein provided for shall have personal judgment for the residue against the party legally liable for the same if such person has been personally summoned or has appeared in the action.
9. This section shall be applicable to actions in justices courts as to action on, trial of and sale of premises under mechanics liens, where the sum involved is within the provisions of paragraph (k) of subsection 1 of NRS 4.370.
Sec. 21. 1. The district court including within its district a county in which a mechanics lien is recorded, shall enter an order discharging and releasing a mechanics lien of record under the following circumstances:
(a) The debtor of the lien claimant or a party in interest in the premises subject to the lien shall obtain a surety bond executed by the debtor of the lien claimant or a party in interest in the premises subject to the lien, as principal, and executed by a corporation authorized to transact surety business in the State of Nevada, as surety, in a form acceptable to the court and conditioned that the surety will pay to the lien claimant such amount as a court of competent jurisdiction may adjudge to have been secured by such lien, with interest, costs and attorneys fees.
(b) The bond shall be in a penal sum equal to 1 1/2 times the amount of the lien claim for which the bond is posted for release of the lien.
(c) A petition shall be filed in the district court petitioning for an order releasing and discharging such mechanics lien of record, and such petition shall set forth:
(1) The title of the cause, which shall be: In the matter of ................................. for discharge of mechanics lien of
(name of petitioner)
............................................................... upon posting release bond.
(name of mechanics lien claimant)
(2) The body of the petition shall include at least the following:
(I) An allegation of the purchase of and payment of the premium for the bond, and the dates of purchase and payment.
κ1965 Statutes of Nevada, Page 1167 (CHAPTER 434, AB 236)κ
(II) An allegation incorporating by reference a true copy of the bond, which copy shall be attached to the petition.
(III) The name or names of the owner or reputed owners of the land subject to the lien.
(IV) A description of the real property subject to the lien, and the book and document number of the lien as given by the recorders office.
(V) A prayer for an order discharging and releasing the lien.
(d) The petitioner shall obtain an order from a judge of the district court setting forth the time and date of the hearing on the petition, which time and date shall be at least 5 days after the date of the order and not more than 10 days after the date of the order.
(e) A copy of the petition and a copy of the order shall be served on the lien claimant at least 2 days prior to the date set for the hearing, and served in the manner provided by law for service of summons.
(f) Upon the hearing, the court shall enter its order discharging and releasing such mechanics lien upon the petitioners filing in open court such original bond, and introducing in evidence a receipt for payment of the premium.
2. The entry of such order by the court shall refer to the property which is the subject of the lien and the lien itself, by document number and book number, and shall recite that such lien is fully and completely discharged and released of record for all purposes and as fully and to the same extent as if released of record by the lienor.
3. Upon entry of such order, such lien shall be released of record in its entirety and for all purposes and such real property, the subject of the lien, released from the encumbrance of such lien.
4. There shall be no appeal from the entry of such order, and, upon entry, such order shall be final for all purposes.
5. The lien claimant shall be entitled to bring an action against the lien claimants debtor and to join therein the principal on the bond.
6. The rights of the lien claimant whose lien has been discharged by the following of the procedure outlined in this section, shall include, and the court may award to him in the proceedings referred to in subsection 5:
(a) The amount found due to the lien claimant by the court;
(b) The costs of preparing and filing the lien claim, including attorneys fees, if any;
(c) Costs of the proceedings;
(d) Attorneys fees for representation of the lien claimant in the proceedings; and
(e) Interest at the rate of 7 percent per annum on the amount found due to the lien claimant and from the date found by the court that the sum was due and payable.
7. Proceedings under subsection 5 shall be entitled to priority of hearing second only to criminal hearings, and the plaintiff in the action may serve upon the adverse party a demand for 30-day setting, in the proper form, and file the same with the clerk of the court, and, upon filing, the clerk of the court shall, before Friday next, then vacate a case or cases in a department of the court and set the lien claimants case for hearing on a day or days certain and to be heard within 30 days of the filing of the demand for 30-day setting.
κ1965 Statutes of Nevada, Page 1168 (CHAPTER 434, AB 236)κ
claimants case for hearing on a day or days certain and to be heard within 30 days of the filing of the demand for 30-day setting. Only one such preferential setting need be given by the court, unless such hearing date be vacated without stipulation of counsel for plaintiff in writing. If such hearing date is vacated, without such stipulation, upon service and filing, a new preferential setting shall be given.
8. By entering into a bond given pursuant to paragraph (a) of subsection 1, the surety submits himself to the jurisdiction of the court in which the bond is filed in the release of lien proceedings, and the surety irrevocably appoints the clerk of that court as its agent upon whom any papers affecting its liability on the bond may be served. Its liability may be enforced on motion without necessity of an independent action. The motion and such notice of motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the surety if his address is known.
9. The motion proceedings described in subsection 8 shall not be instituted until the lapse of 30 days following the giving of notice of entry of judgment in the proceedings described in this section, if no notice of appeal from the judgment is filed, nor shall such motion proceedings be instituted until the lapse of 30 days following the filing of the remittitur from the supreme court, if an appeal has been taken from the judgment.
10. The lien claimant may, within 2 days after the service of a copy of the petition and a copy of the bond attached thereto, file with the clerk of the court in the proceedings a notice excepting to the sufficiency of the surety on the bond, and shall, at the same time and together with such notice, file an affidavit setting forth the grounds and basis of the exceptions to the such surety, and shall serve a copy of the notice and a copy of the affidavit upon the attorney for petitioner on the same date as the date of filing. Hearing shall be had upon the justification of the surety at the same time as that set for the hearing on the petition for the order to discharge and release the lien, and in the event that the lienor fails to file and serve such notice and affidavit within 2 days after the service of the petition for discharge of the lien, he shall be deemed to have waived all objection to the justification and sufficiency of the surety.
Sec. 22. 1. Any lien may be assigned in the same manner as any other chose in action after it has been perfected by recording.
2. No assignment of a lien prior to recording shall be effective until written notice of the assignment has been given to the owner by the assignee. Any such notice shall be sufficient if mailed by certified mail to the person named as owner in the building permit. After such notice the assignee may perfect the lien in his own name.
3. Two or more lien claimants of the same class may assign their lien claims by written assignment, signed by each assignor, to any other person or lien claimant of the same class, and the assignee may commence and prosecute the action upon all of the lien claims in his own name.
4. In the event that a claim for which a lien may be filed is assigned before it is perfected, such assignment shall not discharge or defeat the right to perfect such lien, if such claim is reassigned to the lien claimant, and thereafter such lien claim is timely perfected.
κ1965 Statutes of Nevada, Page 1169 (CHAPTER 434, AB 236)κ
the right to perfect such lien, if such claim is reassigned to the lien claimant, and thereafter such lien claim is timely perfected.
Sec. 23. A lien claimant or assignee of a lien claimant or claimants may not file a complaint for foreclosure of his mechanics lien or the assigned mechanics lien or mechanics liens until 30 days have expired immediately following the filing of his mechanics lien or following the filing of the assigned mechanics lien or the last of the assigned mechanics liens. This provision shall not apply to nor prohibit the filing of any statement of lien or statements of lien in an already filed action for foreclosure of mechanics lien and to comply with the provisions of section 20 of this act.
Sec. 24. (There is no section 24.)
Sec. 25. 1. Every person, firm, partnership, corporation or other legal entity, other than one who performs labor, who claims the benefit of sections 3 to 25, inclusive, of this act shall, within 20 days after the first delivery of material or performance of work or services under his contract, deliver in person or by certified mail to the owner or reputed owner of the property or to the person whose name appears as owner on the building permit, if any, for the improvement a notice in substantially the following form:
NOTICE TO OWNER OF MATERIALS SUPPLIED
OR WORK OR SERVICES PERFORMED
To:...................................................................................................
(Owners name and address)
The undersigned hereby informs you that he has supplied materials or performed work or services as follows:
.................................................................................................
(general description of materials, work or services
and anticipated total value)
for improvement of real property identified as (property description) under contract with (general contractor or subcontractor), and that he may at a future date claim a lien as provided by law against such property if not paid pursuant to such contract. This notice is required by section 25 of this act.
...............................................................
(Claimant)
2. Such notice shall not constitute a lien or give actual or constructive notice of a lien for any purpose.
3. No lien for materials furnished or for work or services performed, except labor, may be perfected or enforced pursuant to sections 3 to 25, inclusive, of this act unless such notice has been given.
4. The notice shall not be verified, sworn to or acknowledged.
Sec. 26. NRS 108.240 is hereby amended to read as follows:
108.240 1. All foundrymen, boilermakers and all persons performing labor, or furnishing machinery, boilers, castings or other materials for the construction, repairing or carrying on of any mill, manufactory or hoisting works, shall have a lien on such mill, manufactory or hoisting works for such work or labor done, or such machinery, boiler, castings or other material furnished by each, respectively.
κ1965 Statutes of Nevada, Page 1170 (CHAPTER 434, AB 236)κ
2. All the provisions of NRS 108.010 to [108.230,] 108.220, inclusive, or sections 3 to 25, inclusive, of this act, as determined by the date of performance, respecting the mode of recording, securing and enforcing the liens of contractors, subcontractors, journeymen, laborers and others shall be applicable to the provisions of this section.
3. The word superstructure, wherever it occurs in NRS 108.010 to [108.230,] 108.220, inclusive, and sections 3 to 25, inclusive, of this act, shall be applicable to the provisions of this section.
Sec. 27. NRS 108.230 is hereby repealed.
________
Assembly Bill No. 255Committee on Taxation
CHAPTER 435
AN ACT to amend NRS sections 365.070, 365.170, 365.200, 365.260, 365.370, 365.380, 365.445, 365.500, 365.520, 365.550, 494.044 and 494.045, relating to motor vehicle fuel taxes and transfer of unrefunded taxes on fuel used in aircraft, by defining terms; by authorizing extensions of time and providing for the time required documents or remittances are deemed filed; by imposing an excise tax on inflammable, combustible liquids imported from another state or from federal proprietary lands or reservations; by providing exemptions; by providing refund requirements and exceptions; by providing requirements for presentation of claims; by limiting the definition of bulk purchases; by changing the fee for examination of records; by providing methods of making carriers delivery reports; by providing the basis of allocation of tax receipts to counties; by providing a change in the method and time of distribution of unrefunded taxes on fuel used in aircraft; and by changing time and method of allocations from the state airport fund and by deleting allocation to the Nevada tax commission; to amend chapter 365 of NRS, relating to motor vehicle fuel taxes, by adding new sections providing for allocation of the tax on motor vehicle fuel used in aircraft and by providing a penalty for filing illegal claims; to repeal NRS sections 365.320, relating to motor carriers licenses, and chapter 72, Statutes of Nevada 1965; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 365.070 is hereby amended to read as follows:
365.070 Person means and includes ever natural person, association, firm or partnership, corporation, municipal corporation, quasi-municipal corporation, political subdivision, governmental agency, trustee, receiver and the legal representative or representatives of the estate of any deceased person [.] and their agents.
Sec. 2. NRS 365.170 is hereby amended to read as follows:
365.170 1. In addition to any other taxes provided by law, every dealer shall, not later than the 25th day of each calendar month:
[1.] (a) Render to the tax commission a statement of all motor vehicle fuel sold, distributed or used by him in the State of Nevada, as well as all motor vehicle fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon under NRS 365.020, during the preceding calendar month; and
κ1965 Statutes of Nevada, Page 1171 (CHAPTER 435, AB 255)κ
assumed liability for the tax thereon under NRS 365.020, during the preceding calendar month; and
[2.] (b) Pay an excise tax of 4.5 cents per gallon on all motor vehicle fuel so sold, distributed or used, in the manner and within the time prescribed in this chapter.
2. The tax commission for good cause may extend for not to exceed 30 days the time for making any report or return required under this chapter. The extension may be granted at any time if:
(a) A request therefor has been filed with the tax commission within or prior to the period for which the extension may be granted; and
(b) A remittance of the estimated tax is made when due.
Any dealer to whom an extension is granted shall pay, in addition to any delinquent tax due, interest at the rate of one-half of 1 percent per month, or fraction thereof, from the date on which the tax would have been due without the extension to the date of payment.
3. Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the tax commission on the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the tax commission establishes that such document or remittance was timely deposited in the United States mail properly addressed to the tax commission.
Sec. 3. NRS 365.200 is hereby amended to read as follows:
365.200 1. In addition to any other taxes provided for by this chapter, every person who shall use any inflammable or combustible liquid or other material other than motor vehicle fuel as defined in NRS 365.060 to operate a motor vehicle on the highways of this state, except special fuel as defined in NRS 366.060, shall pay an excise tax as provided by NRS 365.170, 365.180 and 365.190 for each gallon thereof so used, and shall render monthly statements and make monthly payments at the times and in the manner prescribed for dealers in this chapter.
2. Any owner or operator of a motor vehicle who shall import motor vehicle fuel or other fuel or material, except special fuel as defined in NRS 366.060, into this state, from another state or from federal proprietary lands or reservations, in the fuel tank or tanks of any such motor vehicle in a quantity exceeding 25 gallons shall, upon demand of the tax commission or its duly authorized agent, pay to the tax commission on such excess motor vehicle fuel the excise tax required to be paid by dealers.
3. Nothing in this chapter shall be construed to require more than one payment of any excise tax upon or in respect to the same fuel
Sec. 4. NRS 365.260 is hereby amended to read as follows:
365.260 Motor vehicle fuel carried out of this state, into another state or onto federal proprietary lands or reservations, to an amount not exceeding 25 gallons in the fuel tank or tanks of such motor vehicle shall not be deemed to be exported for the purposes of NRS 365.220 to 365.250, inclusive.
Sec. 5. NRS 365.370 is hereby amended to read as follows:
365.370 Any person who shall export any motor vehicle fuel from this state, or who shall sell any such fuel to the United States Government for official use of the United States Armed Forces, or who shall buy and use any such fuel for purposes other than in and for the propulsion of motor vehicles, and who shall have paid any tax on such fuel levied or directed to be paid as provided by this chapter, either directly by the collection of such tax by the vendor from such consumer or indirectly by the addition of the amount of such tax to the price of such fuel, shall be reimbursed and repaid the amount of such tax so paid by him [.]
κ1965 Statutes of Nevada, Page 1172 (CHAPTER 435, AB 255)κ
this state, or who shall sell any such fuel to the United States Government for official use of the United States Armed Forces, or who shall buy and use any such fuel for purposes other than in and for the propulsion of motor vehicles, and who shall have paid any tax on such fuel levied or directed to be paid as provided by this chapter, either directly by the collection of such tax by the vendor from such consumer or indirectly by the addition of the amount of such tax to the price of such fuel, shall be reimbursed and repaid the amount of such tax so paid by him [.] except as follows:
1. Refund claims shall be submitted and paid once every 6 months and the dates for submission shall be prescribed by classes by the tax commissions rules and regulations.
2. The minimum claim for refund shall be based on at least 200 gallons purchased and used in a 6-month period.
3. From the amount of gasoline tax refund due shall be deducted an amount equal to 2 percent of the refund, which shall be deposited in the state highway fund.
4. No refund of motor vehicle fuel taxes shall be made for off-highway use of motor vehicle fuel consumed in watercraft in this state for recreational purposes.
Sec. 6. NRS 365.380 is hereby amended to read as follows:
365.380 1. A claimant for refund shall present to the tax commission [an affidavit] a refund claim form accompanied by the original invoices showing the purchase. The [affidavit] refund forms shall state the total amount of such fuel so purchased and used by the consumer otherwise than for the propulsion of motor vehicles and the manner and the equipment in which the claimant has used the same.
2. A claimant for refund of tax on motor vehicle fuel purchased and exported from this state shall execute and furnish to the tax commission a certificate of exportation on such form as may be prescribed by the tax commission.
3. An invoice to qualify for refund shall contain at least:
(a) The number of gallons off motor vehicle fuel purchased;
(b) The price per gallon;
(c) The total purchase price of the motor vehicle fuel; and
(d) Such other information as may be prescribed by the tax commission.
4. The signature on the refund claim form shall subject the claimant to the charge of perjury for false statements contained on the refund application.
5. Daily records shall be maintained and preserved for a period of 3 years for audit purposes of all motor vehicle fuel used. The record shall set forth:
(a) The piece of equipment being supplied with the fuel;
(b) The number of gallons of fuel used in each fill; and
(c) The purpose for which the piece of equipment will be used.
The gasoline fills shall be further classified as to on- or off-highway use. Any motor vehicle fuel used in any licensed motor vehicle does not qualify for refund.
6. In accounting for motor vehicle fuel used for refund purposes direct measures shall be used and estimates are prohibited.
κ1965 Statutes of Nevada, Page 1173 (CHAPTER 435, AB 255)κ
direct measures shall be used and estimates are prohibited. Self-propelled vehicles with mounted auxiliary equipment consuming motor vehicle fuel shall only be allowed refunds if a separate motor vehicle fuel tank and a separate motor is used to operate the auxiliary equipment.
7. No person may be granted a refund of motor vehicle fuel taxes for off-highway use when such consumption takes place on highways constructed and maintained by public funds, on federal proprietary lands or reservations where the claimant has no ownership or control over such land or highways, except when such person is under a contractual relationship with the Federal Government or one of its agencies and is engaged in the performance of his duties pursuant to such relationship. Employment of an individual by the Federal Government or any of its agencies does not constitute a contractual relationship for the purpose of this subsection.
8. When in the opinion of the tax commission it would be beneficial to the state for a refund claimant to become a licensed dealer, such claimant may, at the option of the tax commission, be required to become a licensed dealer rather than a refund claimant unless such claimant chooses to claim refunds at the tax rate, less 2 percent.
SEC. 7. NRS 365.445 is hereby amended to read as follows:
365.445 1. For the purposes of this section, bulk purchases means purchases in excess of 50 gallons of regular motor vehicle fuel which are not placed directly into the tanks of motor vehicles.
2. Any person determined by the tax commission to be a bona fide farmer or rancher, not engaged in other activities which would distort his highway usage, may claim a refund only on the basis of 80 percent of his bulk purchases, without the necessity of maintaining records of use.
3. Any farmer or rancher desiring to claim a refund under the provisions of this section must first secure a permit from the tax commission, and such a permit shall bind the permittee to file claims for refunds under the provisions of this section until a request has been made for a change of basis for filing, which request has been approved by the tax commission.
4. The tax commission is empowered to issue reasonable rules and regulations to carry out the purposes of this section.
Sec. 8. NRS 365.500 is hereby amended to read as follows:
365.500 1. Every dealer shall cause to be kept a true record, in such form as may be prescribed or approved by the tax commission, of all stocks of motor vehicle fuel and of other inflammable or combustible liquids, and of all manufacture, refining, compounding, blending, purchases, receipts, transportations, use, sales and distribution thereof.
2. Such records shall be subject to inspection at all times within business hours by the tax commission or its duly authorized agents, and shall remain so available for inspection for a period of 3 years from the date of any entry therein.
3. Should any dealer wish to keep proper books and records pertaining to business done in Nevada elsewhere than within the State of Nevada for inspection as provided in this section, he shall pay a fee for such examination [of $10 per day] in an amount per day equal to the amount set by law for out-of-state travel for each day or fraction thereof during which the examiner is actually engaged in examining the dealers books, plus the actual expenses of the examiner during the time that the examiner is absent from Carson City, Nevada, for the purpose of making such examination; but such time shall not exceed 1 day going to and 1 day coming from the place where the examination is to be made in addition to the number of days or fractions thereof the examiner is actually engaged in auditing the dealers books.
κ1965 Statutes of Nevada, Page 1174 (CHAPTER 435, AB 255)κ
such examination [of $10 per day] in an amount per day equal to the amount set by law for out-of-state travel for each day or fraction thereof during which the examiner is actually engaged in examining the dealers books, plus the actual expenses of the examiner during the time that the examiner is absent from Carson City, Nevada, for the purpose of making such examination; but such time shall not exceed 1 day going to and 1 day coming from the place where the examination is to be made in addition to the number of days or fractions thereof the examiner is actually engaged in auditing the dealers books. Not more than two such examinations shall be charged against any dealer in any year.
4. Any moneys received shall be deposited by the tax commission to the credit of the fund from which the expenditures for the examination were paid.
5. Upon the demand of the tax commission or at such times as the tax commission may prescribe by regulation, every dealer shall furnish a statement showing the contents of the records to such extent, in such detail and in such form as the tax commission may require.
Sec. 9. NRS 365.520 is hereby amended to read as follows:
365.520 1. Every carrier, whether common, contract or private, except a dealer licensed under this chapter or a wholesale distributor transporting the products of a dealer licensed under this chapter, transporting motor vehicle fuel as defined in NRS 365.060 in interstate commerce to or from any point within the State of Nevada shall report [under oath] to the tax commission all deliveries so made.
2. Such report shall cover the period of each calendar month and shall be filed within 25 days after the end of such month. The report shall show:
(a) The name and address of every consignor and consignee and of every person other than the designated consignee to whom delivery has actually been made.
(b) The date of every delivery.
(c) The amount of every delivery in gallons.
(d) Such other information as the tax commission may require.
3. The tax commission or its duly authorized agents may examine the books and records of any carrier during business hours to determine if the provisions of this section have been or are being complied with.
Sec. 10. NRS 365.550 is hereby amended to read as follows:
365.550 1. The receipts of the tax as levied in NRS 365.180 shall be allocated monthly by the tax commission to the counties upon the following formula:
(a) One-fourth in proportion to total area.
(b) One-fourth in proportion to population, according to the latest available federal census.
(c) One-fourth in proportion to road mileage and street mileage (nonfederal aid primary roads).
(d) One-fourth in proportion to vehicle miles of travel on roads (nonfederal aid primary roads).
2. The amount due the counties under the formula shall be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties, and the state treasurer shall pay the same out of the proceeds of the tax levied in NRS 365.180.
κ1965 Statutes of Nevada, Page 1175 (CHAPTER 435, AB 255)κ
county treasurer of each of the several counties, and the state treasurer shall pay the same out of the proceeds of the tax levied in NRS 365.180.
3. Moneys received by the counties by reason of the provisions of this section shall be used exclusively for the construction, maintenance and repair of county roads, and for the purchase of equipment for such work, under the direction of the boards of county commissioners of the several counties, and shall not be used to defray expenses of administration.
4. The formula computations shall be made as of July 1 of each year by the tax commission, based on estimates which shall be furnished by the department of highways. The determination so made by the tax commission shall be conclusive.
Sec. 11. Chapter 365 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 and 14 of this act.
Sec. 12. (There is no section 12.)
Sec. 13. The tax derived from motor vehicle fuel used in aircraft shall be distributed, after payment of refund claims for fuel consumed in commercial aircraft as provided in NRS 365.370 and 494.043, in the following manner:
1. There shall be transferred to the Civil Air Patrol fund, hereby created in the state treasury, from the state airport fund, for the ensuing fiscal year, a sum not to exceed $15,000 or the total amount in such fund, whichever is lesser. The amount so transferred shall be expended for the support of Nevada Wing 96 of the Civil Air Patrol and shall be in addition to and separate from any legislative appropriations made to the Civil Air Patrol fund for the support of Nevada Wing 96 of the Civil Air Patrol. Moneys in the Civil Air Patrol fund shall be paid out only upon claims certified by the wing commander and the wing executive officer and approved by the state board of examiners, in the same manner as other claims against the state are paid. Moneys in the Civil Air Patrol fund shall be used only by Nevada Wing 96 of the Civil Air Patrol in carrying out its crash, rescue and emergency operations, and organization and training therefor, and in defraying the cost of headquarters rental and purchase, repair and maintenance of emergency and training equipment. No moneys in the Civil Air Patrol fund shall be expended for the purchase of any aircraft.
2. There shall be remitted to the county treasurers of the respective counties such portion of the remaining balance in such fund as is proportional to the excise taxes remitted by dealers or users in such county.
3. Such distribution shall be made on July 1, 1966, and on July 1 of each year thereafter.
Sec. 14. Any person who files a refund claim based on an altered invoice, unless the alteration of such invoice is certified by the dealer as made for the purpose of correcting an error in good faith, or whose claim is not based on records of use as required in this act or by the tax commission rules and regulations, shall at the option of the tax commission, in lieu of other penalties provided, be denied refunds for a period of 3 years from the date of the illegal claim filed. The claimant shall have the right to appeal the decision to the tax commission, and after exhausting his administrative remedies to appeal to the district court of Ormsby County.
κ1965 Statutes of Nevada, Page 1176 (CHAPTER 435, AB 255)κ
Sec. 15. NRS 494.044 is hereby amended to read as follows:
494.044 The state controller [monthly] shall transfer to the state airport fund, which is hereby created in the state treasury, during the month of June in each year, the unrefunded balance of all excise taxes which have been held in the aviation fuels tax refund account [for a period of 6 months prior to such transfer.] since December 31 of the preceding year, and such transfers shall continue to be made in this manner until January 2, 1966; thereafter the distribution shall be made within the time and manner provided in chapter 365 of NRS.
Sec. 16. NRS 494.045 is hereby amended to read as follows:
494.045 At the close of each fiscal year, the Nevada tax commission, the state treasurer and the state controller shall:
1. [Allocate to Nevada Wing 96 of the Civil Air Patrol from the state airport fund, for the ensuing fiscal year, a sum not to exceed $15,000 or the total amount in such fund, whichever is lesser. The amount so allocated shall be in addition to and separate from any legislative appropriations authorized by law to Nevada Wing 96 of the Civil Air Patrol and shall be paid, upon a claim certified by the wing commander and the wing executive officer, and approved by the Nevada tax commission and the state board of examiners, in the same manner as other claims against the state are paid. Moneys so allocated shall be used by Nevada Wing 96 of the Civil Air Patrol in carrying out its crash, rescue and emergency operations, and organization and training therefor, and in defraying the cost of purchase, repair and maintenance of emergency and training equipment. No moneys allocated pursuant to the provisions of this subsection shall be expended for the purchase of any aircraft.
2. Allocate to the Nevada tax commission a sum not to exceed 5 percent of the remaining balance in such fund to defray the costs of administration incurred by it in connection herewith.
3.] Transfer to the Civil Air Patrol fund, hereby created in the state treasury, from the state airport fund, for the ensuing fiscal year, a sum not to exceed $15,000 or the total amount in such fund, whichever is lesser. The amount so transferred shall be expended for the support of Nevada Wing 96 of the Civil Air Patrol and shall be in addition to and separate from any legislative appropriations made to the Civil Air Patrol fund for the support of Nevada Wing 96 of the Civil Air Patrol. Moneys in the Civil Air Patrol fund shall be paid out only upon claims certified by the wing commander and the wing executive officer and approved by the state board of examiners, in the same manner as other claims against the state are paid. Moneys in the Civil Air Patrol fund shall be used only by Nevada Wing 96 of the Civil Air Patrol in carrying out its crash, rescue and emergency operations, and organization and training therefor, and in defraying the cost of headquarters rental and purchase, repair and maintenance of emergency and training equipment. No moneys in the Civil Air Patrol fund shall be expended for the purchase of any aircraft.
2. Remit to the county treasurers of the respective counties such portion of the remaining balance in such fund as is proportional to the [unrefunded] excise taxes remitted by dealers or users in such county.
κ1965 Statutes of Nevada, Page 1177 (CHAPTER 435, AB 255)κ
3. Such transfers and remittances shall continue to be made in such manner until January 2, 1966; thereafter the distribution of such funds shall be made within the time and manner provided in chapter 365 of NRS.
Sec. 17. NRS 365.320 and chapter 72, Statutes of Nevada 1965, entitled AN ACT to amend NRS section 494.044, relating to monthly transfers of unrefunded aviation fuel excise tax to the state airport fund, by providing that such transfers be made annually, approved February 25, 1965, are hereby repealed.
Sec. 18. This act shall become effective upon passage and approval.
________
Assembly Bill No. 278Messrs. Bowler and Fike
CHAPTER 436
AN ACT to amend chapter 487 of NRS, relating to garages, repair shops and parking area keepers, by adding a new section providing for a detailed statement of automobile repair bills, providing that liens for charges may not be enforced until such statement is rendered and providing a penalty; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 487 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In every instance where charges are made for the repair of an automobile the person making such charge shall present to the person requesting the repairs or the person entitled to possession of the automobile a statement of the charges containing the following information:
(a) The name of the person authorizing or requesting the repairs;
(b) A statement of the total charges;
(c) An itemization and description of all parts used to repair the automobile indicating the charges made for each part;
(d) A statement of the charges made for labor; and
(e) A description of all other charges.
2. Any person violating this section is guilty of a misdemeanor.
3. In the case of an automobile registered in the State of Nevada no lien for labor or materials provided under NRS 108.267 to 108.360, inclusive, may be enforced by sale or otherwise unless a statement as described in subsection 1 has been given by delivery in person or by certified mail to the last-known address of the legal owner of the automobile. In all other cases such notice shall be made to the last-known address of the registered owner and any other person known to have or to claim an interest in the automobile.
________
κ1965 Statutes of Nevada, Page 1178κ
Assembly Bill No. 283Committee on Fish and Game
CHAPTER 437
AN ACT to amend NRS section 502.220, relating to the limitation of hunting of upland game birds or waterfowl by nonresidents, by permitting county game management boards to prohibit nonresidents to hunt upland game birds during a current hunting season; by deleting provisions relating to the hunting of waterfowl and special permit fees; by specifying the contents of state upland game bird licenses or permits; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 502.220 is hereby amended to read as follows:
502.220 Notwithstanding any other provision of this Title, hunting by nonresidents of this state for upland game birds [or waterfowl] or one or more species of such [classes] class may be [limited or] forbidden in the following circumstances and manner:
1. Whenever the county board shall find an excessive number of birds of the above [classes] class are likely to be taken under normal licensed hunting condition in the current open season in its county, the county board may prevent the same in any respect as hereinafter enumerated:
(a) The county board may provide that no [more than a certain number stated of] normal hunting licenses may be issued to nonresidents.
(b) The county board may provide that all nonresident hunting licenses shall specify that upland game birds [or waterfowl] or species thereof specifically named may not be hunted by authority of the license.
[(c) The county board may apply the limitation set forth in paragraph (b) of this subsection only after a specified and stated number of licenses are sold to nonresidents.
(d) The county board may, in conjunction with any of the foregoing plans, require the payment of a special permit fee not exceeding $10 from nonresidents, without which the authority to hunt species of upland game birds and waterfowl would be restricted or denied.]
2. After the county board adopts a plan under subsection 1, the plan shall be effective only after it is approved by the commission in writing. [When so approved, the plan shall be carried out by the county clerk or officers who issue hunting licenses in the county.] The state upland game bird license or permit shall designate the counties wherein hunting is forbidden and the species of upland game birds in such counties which cannot be hunted.
________
κ1965 Statutes of Nevada, Page 1179κ
Assembly Bill No. 294Mr. Fike, Mrs. Tyson, Messrs. Pozzi and Bailey
CHAPTER 438
AN ACT to amend Title 54 of NRS, relating to professions, occupations and businesses, by adding a new chapter relating to the regulation of the business of controlling and disbursing funds payable under release of mechanics liens recorded against real property, defining terms, providing penalties and defining duties of construction controls; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 28, inclusive, of this act.
Sec. 2. This chapter may be cited as the Construction Control Law.
Sec. 3. As used in this chapter the words and terms defined in sections 4 to 21, inclusive, shall, unless the context otherwise requires, have the meaning ascribed to them in sections 4 to 21, inclusive.
Sec. 4. Categories of disbursements means categories of construction funds to be disbursed in payment of work, labor and material bills due for construction, repair, alteration or improvement of premises. Such categories shall be in writing and include but not be limited to structural masonry, masonry veneer, plumbing, electrical work, carpentry, reinforcing steel, structural steel, earthwork, heating and ventilating and air conditioning, glass and glazing, lath and plaster or sheetrock, insulation and soundproofing, finish flooring, painting and decorating, concrete or asphalt paving, and shall provide for the complete, full and final disbursement of all of the construction funds.
Sec. 5. Complete plans and specifications means all written instruments, diagrams, drawings, notations, provisions, statements and lists of materials used by artisans, workmen, contractors or subcontractors in the construction, repair, alteration or improvement of premises and approved by the appropriate city or county board, agency, commission, building department or council and upon which the building permit has been issued.
Sec. 6. A construction control is any person that engages in the control or disbursement of any funds payable or paid to laborers, materialmen, material suppliers, contractors, subcontractors, architects, engineers or others, for the purpose of satisfying bills incurred in construction, repair, alteration or improvement of any premises or that engages in the processing or approval of any mechanics lien release, voucher or authorization for payment of a labor bill, or material bill where such bill is incurred in the construction, repair, alteration or improvement of any premises.
Sec. 7. Construction loan deed of trust means any deed of trust recorded or to be recorded as security for a loan for the construction, repair, alteration or improvement of any premises, and includes a construction loan mortgage.
κ1965 Statutes of Nevada, Page 1180 (CHAPTER 438, AB 294)κ
Sec. 8. Crossing categories of disbursement means the exhausting by disbursement of funds held within a category of disbursement and thereafter the disbursement of funds out of another category to pay for bills applicable to the exhausted category. A construction control does not cross categories of construction if it removes from one category of disbursement funds found to be in excess of the costs of construction to be performed under that category after giving at least 10 days written notice in person or by mail to each person entitled to be paid from that category. Notice by mail is deemed to be given when deposited in the mail, postage prepaid, directed to the most recent address of the recipient known to the construction control.
Sec. 9. (There is no section 9.)
Sec. 10. General contract of construction means a written contract signed by the owner of premises and by a contractor who contracts with other contractors, subcontractors or material suppliers to perform work or labor, or supply materials to such premises.
Sec. 11. Improvement means any existing or proposed structure, building, edifice or addition to real property added to or placed on or under the surface of real property.
Sec. 12. Lender means any bank or savings and loan association authorized to do business under the laws of the State of Nevada or laws of the United States of America making a loan or providing moneys for construction, repair, alteration or improvement of any premises or any person doing business in the State of Nevada, providing moneys to be used in the payment of bills incurred in the construction, repair, alteration or improvement of any premises.
Sec. 13. Owner-contractor contract means any written contract entered into between an owner of premises who is a contractor having the work done and another person for the performance of work or labor, or the supplying of materials, or both, to such owner-contractor having the work done.
Sec. 14. Person includes individuals, firms, corporations, partnerships, associations and any other legal entities.
Sec. 15. Premises means real property or any interests therein.
Sec. 16. Related construction control means a construction control owned, in whole or in part, by the lender, by one or more of the stockholders of the lender, by one or more of the associates or partners of the lender, or designated by the lender or the lender and the borrower of funds or by the borrower alone or by a person at the request of the lender.
Sec. 17. Restored category of disbursement means a category of disbursement that has been exhausted below a level sufficient to pay bills to which have been added other funds sufficient to cover such bills.
Sec. 18. (There is no section 18.)
Sec. 19. A subcontract is a written contract signed by a contractor who is not the owner of premises and another person for the performance of work or labor or the supplying of materials to bring about the construction, repair, alteration or improvement of any premises.
Sec. 20. (There is no section 20.)
Sec. 21. Total cost of construction means the total sum payable to a general contractor to complete the construction, repair, alteration or improvement of the premises, or the aggregate total sum payable to others under owner-contractor contracts to complete construction, repair, alteration or improvement of the premises.
κ1965 Statutes of Nevada, Page 1181 (CHAPTER 438, AB 294)κ
or improvement of the premises, or the aggregate total sum payable to others under owner-contractor contracts to complete construction, repair, alteration or improvement of the premises.
Sec. 22. (There is no section 22.)
Sec. 23. 1. Except for savings and loan associations, state banks and national banking associations, licensed to do business in the State of Nevada, under laws of the State of Nevada, or under the laws of the United States, or underwritten title insurance companies authorized to do business in the State of Nevada, every construction control doing business in the State of Nevada shall, within 30 days immediately following the effective date of this act, file with the real estate administrator a bond, executed by some corporation authorized to issue surety bonds in this state, in a penal sum equal to 11/4 times the amount of capital in the business but in no event less than $20,000, and such bond shall be kept in full force and effect or replaced by a like bond as a condition to continuing to do business as a construction control in the State of Nevada.
2. The form of bond required is as follows:
Bond No.
CONSTRUCTION CONTROL BOND
Know All Men by These Presents:
That, I, ........................................, having a principal place of business in ...................., Nevada, as principal, and ........................................, a corporation licensed to execute surety bonds under the provisions of NRS 693.100, as surety, are held and firmly bound to the STATE OF NEVADA, for the use of any person by whom funds are entrusted to the principal or to whom funds are payable by the principal, in the sum of .................... DOLLARS, lawful money of the United States of America, to be paid to the State of Nevada, for which payment well and truly to be made we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents:
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT:
Whereas, Under the Construction Control Law, certain duties, obligations and requirements are imposed upon all persons, copartnerships, associations or corporations acting as construction controls;
Now, Therefore, If the principal and its agents and employees shall faithfully and in all respects conduct business as a construction control in accordance with the provisions of the Construction Control Law, this obligation shall be void, otherwise to remain in full force and effect;
Provided, However, That the surety or sureties may cancel this bond and be relieved of further liability hereunder by delivering 30 days written notice of cancellation to the principal; however, such cancellation shall not affect any liability incurred or accrued hereunder prior to the termination of such 30-day period;
Provided Further, That the total aggregate liability of the surety or sureties herein for all claims which may arise under this bond shall be limited to the payment of .................... DOLLARS.
κ1965 Statutes of Nevada, Page 1182 (CHAPTER 438, AB 294)κ
In Witness Whereof, The principal and surety have hereunto set their hands this ............... day of ...................., 19.......
.................................................................
By............................................................
Principal
(Surety)
By............................................................
Attorney
Sec. 24. (There is no section 24.)
Sec. 25. Every construction control shall:
1. Obtain a true copy, certified as such by a registered architect or registered professional engineer and signed by the person or persons who executed the general contract of construction or the owner-contractor contracts, respectively, as owner, of the complete plans and specifications to be used in the construction subject to the construction control.
2. Obtain from the lender a written statement of the total net amount of moneys, credits or loan proceeds that will be available for disbursement or, as a lender engaging in construction control functions, review and ascertain its total net amount.
3. Obtain a true copy, signed by all the parties thereto, of the general contract of construction or all owner-contractor contracts, under which the construction will be performed.
4. Obtain a true copy, signed by the parties thereto, of all of the subcontracts entered into with a contractor if the construction is to be performed under general contract of construction.
5. Compare the total amounts to be paid under all of the subcontracts with the total amount payable to the general contractor, and compare the amount payable with the total net loan proceeds available for disbursement as construction loan funds.
6. Compare the total amounts to be paid under all owner-contractor contracts entered into with the total net loan proceeds available for disbursement as construction loan funds.
7. Establish, in writing, the categories of disbursement and the amounts of moneys apportioned to each category for disbursement.
8. Disburse or authorize the disbursement of moneys from a particular category only for bills incurred within that category.
9. Disburse or authorize the disbursement of funds if the total net loan proceeds exceeds in amount or equals the total payable by the terms of:
(a) The general contract of construction, or the subcontracts entered into with the general contractor, whichever is greater; or
(b) The total payable by the terms of all owner-contractor contracts.
10. Receive funds before authorizing disbursement, in the event that other funds are still needed to create an excess of funds as required under subsection 9.
11. Restore categories of disbursement in the order in which they become exhausted and to the amount exhausted from any available funds in its hands and from other funds supplied by the borrower or borrowers.
κ1965 Statutes of Nevada, Page 1183 (CHAPTER 438, AB 294)κ
12. Obtain from the obligee a mechanics lien release covering all work, labor and materials performed or supplied to the time specified in the lien release and for the amount payable under the terms of the release, prior to the disbursement of any moneys for payment of such bills.
13. Upon receipt of written notice of a change order entered into after the beginning of construction which requires expenditure of extra moneys and the amount thereof, require that any category of disbursement affected thereby be increased and restored to the extent of the amount of such extras from any available funds in its hands and from other funds supplied by the borrower before the disbursement of additional funds from such category.
14. Before disbursing moneys to a subcontractor or supplier, obtain from that subcontractor or supplier a true copy of the bill, in those instances in which the category was established based upon a proposal or bid of that subcontractor or supplier and not upon a firm contract.
Sec. 26. (There is no section 26.)
Sec. 27. The following shall not be a construction control or subject to the provisions of this chapter:
1. A contractor licensed under the laws of the State of Nevada, paying a subcontractor, supplier of material, laborer, or other person for bills incurred in construction, repair, alteration or improvement of any premises.
2. A subcontractor licensed to do business under the laws of the State of Nevada, paying a subcontractor, supplier of material, laborer or other person for bills incurred in construction, repair, alteration or improvement of any premises.
3. An owner-contractor paying a contractor, subcontractor, supplier of material, laborer or other person for bills incurred in construction, repair, alteration or improvement of any premises.
4. A lender of construction loan moneys, provided that he disburses the funds directly to a contractor authorized by the borrower to do the work, or disburses the funds directly to the owner of the premises.
5. A lender of construction loan moneys, to an owner of a residential property or to an owner of not more than four units if the loan is made to repair or improve such property and the construction costs are $10,000 or less, or 35 percent of the appraised value of the improvements and repairs, whichever is greater.
Sec. 28. Any lender desiring to use the services of a construction control shall first obtain the written assent of the borrower specifying by name the construction control to be used. The lender and borrower shall then be deemed to have appointed such construction control as their agent for the particular construction loan for which its services are requested; and the acts of the construction control shall be binding upon the lender and borrower severally. If a related construction control or the employee or agent of a related construction control, or a lender acting as a construction control or any employee or agent of such lender acting as a construction control, violates any of the provisions of this chapter, otherwise than as the result of a good faith error in mathematical computation, then:
1. With respect to a particular loan subject to construction control, the construction control and the lender shall each, jointly and severally, be liable for payment of any and all mechanics liens filed against the premises subject to construction and arising out of any violation of any provision of this act.
κ1965 Statutes of Nevada, Page 1184 (CHAPTER 438, AB 294)κ
the construction control and the lender shall each, jointly and severally, be liable for payment of any and all mechanics liens filed against the premises subject to construction and arising out of any violation of any provision of this act.
2. Any mechanics lien claimant damaged by the violation of any provision of this chapter may jointly or severally proceed with an action on the bond referred to in section 23 of this act, and the rights and remedies under such bond or lien claims and any direct right of action against the lender or construction control shall be cumulative, and the lien claimant prevailing in any such action shall be entitled to reasonable attorneys fees.
________
Assembly Bill No. 306Messrs. Knisley and Swackhamer
CHAPTER 439
AN ACT to amend NRS section 284.175, relating to the pay plan for classified state employees, by providing that progression through the rate ranges be based on merit and fitness.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.175 is hereby amended to read as follows:
284.175 1. After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the chief shall prescribe rules and regulations for a pay plan for all employees in the classified service.
2. The pay plan and amendments thereto shall become effective only after approval by the commission and the governor.
3. The chief shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service. Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary funds are made available for such payment.
4. The chief shall prescribe rules and regulations that provide for progression through the rate ranges based on merit and fitness alone. Upon approval of the commission such rules and regulations shall become effective.
5. No employee in the classified service may receive a salary exceeding $20,000 a year, unless such salary has been set or changed by legislative action.
SEC. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1185κ
Assembly Bill No. 322Mr. Alleman
CHAPTER 440
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 April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1.5 of Chapter I of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as added by chapter 447, Statutes of Nevada 1963, at page 1203, is hereby amended to read as follows:
Section 1.5. Definitions. As used in this charter, unless the context otherwise requires:
1. City means the city of North Las Vegas, Nevada.
2. Councilman refers to each member of the city council including the mayor, except where otherwise specifically designated. As provided in section 1 of Chapter II, the mayor is a member of the city council.
3. Newspaper means any publication meeting the requirements of chapter 238 of NRS.
4. Notice by mail means a single mailing of a notice by certified mail [,] or registered mail, postage prepaid, by deposit in the United States mails.
[4.] 5. Taxpayer means any person whose name appears on the official tax roll of the city of North Las Vegas for the current year or the year preceding that in which the elector offers to vote. The officers of election shall, in all cases of special elections on bonds or franchises, require each person offering to vote thereat to show by the affidavit of such person that he possesses the qualifications prescribed; but such officers of election may require further proofs for, as well as against, the right of any person to vote, when such right is challenged by a duly qualified elector.
Sec. 2. (There is no section 2.)
Sec. 3. Section 13 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 447, Statutes of Nevada 1963, at page 1214, is hereby amended to read as follows:
Section 13. Councilmen and Mayor Not To Hold Other Offices; Officers Not To Contract With City or Make Bonds to City; Forfeiture of Office.
1. No member of the city council (including the mayor) shall:
(a) Hold any other elective public office or employment under the county of Clark, or have employment thereunder.
(b) Receive compensation for any other position or office which is paid out of public money of the city of North Las Vegas.
(c) Be elected or appointed to any office for which compensation is received created by or the compensation of which was created or fixed by the city council while he was a member thereof.
κ1965 Statutes of Nevada, Page 1186 (CHAPTER 440, AB 322)κ
received created by or the compensation of which was created or fixed by the city council while he was a member thereof.
(d) Be pecuniarily interested, directly or indirectly, in any contract let by the city, or in any transaction wherein the rights or liberties of the city are, or may be involved. This paragraph does not apply to contracts for utilities and other services provided for the public by the city under this charter and the ordinances thereunder, when the councilman applies for and receives such services in the same manner and pays the same established rates and charges as any member of the public.
(e) Be interested directly or indirectly in any public work or contract let, supervised or controlled, or which is paid wholly, or in part, by the city. This paragraph does not preclude or discharge a councilman from paying his proportionate share of the cost of any public works when he has become obligated in the same manner as any member of the public, nor does it prohibit a councilman from enjoying the benefits of a work constructed for the benefit of the public in the same manner as any other member of the public.
(f) Become the surety of any person on any bond or other obligation running to the city.
2. Any member of the city council (including the mayor) who violates any of the provisions of subsection 1 shall forfeit all rights and claim to the title and emoluments of office, and shall be expelled therefrom by the city council (including the mayor). If the city council (including the mayor) fails to remove such guilty officer, such officer shall be subject to removal from office by the action of 20 citizens of the city instituted in the district court of Clark County in an appropriate proceeding.
Sec. 4. Section 15 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 447, Statutes of Nevada 1963, at page 1215, is hereby amended to read as follows:
Section 15. Recall of Officer; Procedure; Election of Successor. The mayor, each councilman and the police judge may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows:
1. (a) A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least twenty per centum of the entire number of persons entitled to vote in the city at the time, demanding an election for the recall of, or for the election of a successor to, the person sought to be removed, shall be filed with the city clerk; provided, that the petition sent to the city clerk shall contain a general statement, in not more than 200 words, of the grounds for which the removal is sought. The signatures to the petition need not be all appended to one paper, but each signer shall add to his signature his place of residence, giving his street and number.
(b) One of the signers of each of such papers shall make an oath before an officer competent to administer oaths that each signature is that of the person whose name purports to be thereunto subscribed.
2. (a) Within ten days from the filing of such petition, the city clerk shall examine the same and from the list of qualified voters ascertain whether or not the petition is signed by the requisite number of qualified voters, and if necessary the council shall allow him extra help for that purpose, and he shall forthwith attach to the petition a certificate showing the result of the examination.
κ1965 Statutes of Nevada, Page 1187 (CHAPTER 440, AB 322)κ
qualified voters, and if necessary the council shall allow him extra help for that purpose, and he shall forthwith attach to the petition a certificate showing the result of the examination.
(b) If by the city clerks certificate the petition is shown to be insufficient, it may be amended within ten days from the date of the certificate.
(c) The clerk shall within ten days after such amendment make like examination of the amended petition, and if his certificate shall show the same to be insufficient, it shall be returned to the person filing it, without prejudice, however, to the filing of a new petition to the same effect.
(d) If the petition shall be found sufficient the clerk shall submit the same to the city council forthwith.
3. (a) If the petition shall be found to be sufficient, the city council (including the mayor) shall order and fix a date for holding the election not less than thirty nor more than forty days from the date of the clerks certificate to the council that a sufficient petition is filed. [Provided, however, that if]
(b) If such officer shall offer his resignation within five days after the filing of the petition aforesaid, such resignation shall be accepted, and the vacancy thereby caused shall be filled in the manner provided by law; if such officer shall not resign, he shall continue to perform the duties of his office until the result of the special election shall be finally declared.
4. The city council shall make, or cause to be made, publication of notice and all arrangements for holding such election, and the same shall be conducted, returned, and the result thereof declared in all respects as are other city elections.
5. On the ballot at the election there shall be printed verbatim, as set forth in the recall petition, the reason for demanding the recall of the officer, and, in not more than 200 words, the officers justification of his course in office, if furnished by him.
6. (a) If there be no other candidate nominated to be voted for at the special election, there shall be printed on the ballot the name of the officer sought to be recalled, the office which he holds and the words For Recall and Against Recall. [; if]
(b) If there be other candidates nominated for the office to be voted for at the special election, there shall be printed upon the ballot the name of the officer sought to be recalled, and the office which he holds, and the name or names of such other candidates as may be nominated to be voted for at the special election, and the words For Recall and Against Recall shall be omitted. [; in]
(c) In other respects the ballot shall conform with the requirements of the general election laws applicable to city elections.
7. (a) If there be other candidates nominated to be voted for at the special election, the candidate who shall receive the highest number of votes at the special election, shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed or another.
(b) If any officer be recalled upon such special election, and other candidates are not nominated to be voted for at such special election, the vacancy thereby created shall be filled in the manner provided by law.
κ1965 Statutes of Nevada, Page 1188 (CHAPTER 440, AB 322)κ
the vacancy thereby created shall be filled in the manner provided by law.
8. No petition for the recall of any public officer shall be circulated or filed against any such officer until he has actually held his office six months.
9. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless such further petitioners shall pay into the public treasury, from which the expenses of such special election have been paid, the whole amount paid out of the public treasury as expenses for the preceding special election.
10. Other candidates for the office may be nominated to be voted for at the special election by petition, which petition shall be signed by the qualified electors of the city qualified to vote for a successor of such incumbent equal in number to 20 percent of the entire number of persons entitled to vote in the city at the time. The nominating petition shall be filed with the officer with whom the recall petition is filed, at least fifteen days prior to the date of the special election.
Sec. 5. Section 18 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as last amended by chapter 447, Statutes of Nevada 1963, at page 1217, is hereby amended to read as follows:
Section 18. Prohibition Against Holding Other Office; Appointments and Removals; Interference With Administration. 1. [Except where authorized by law, no] No councilman shall hold any other city office or employment during the term for which he was elected to the council, except as provided by law or as a member of a board or committee for which no compensation is received, and no former councilman shall hold any compensated appointive city office or employment until 1 year after the expiration of the term for which he was elected to the council.
2. Neither the council nor any of its members shall dictate the appointment or removal of any city administrative officers or employees whom the city manager or any of his subordinates are empowered to appoint unless the council expresses its views and fully and freely discusses with the city manager anything pertaining to appointment or removal of such officers and employees. The council shall then have the authority to suspend and remove such officers and employees on the unanimous vote of the council.
3. Except for the purpose of inquiries, the council or its members shall deal officially with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the council nor its members shall give official orders to any such officer or employee, either publicly or privately.
Sec. 6. Section 28 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 405, is hereby amended to read as follows:
Section 28. Officers, Subordinate; Duties Restricted and Altered; Bonds. The city council shall have the power, and it shall be their duty to prescribe by ordinance, the powers and duties of all officers of the city, whether elected or appointed, where the same have not been provided for in this act, and shall have authority from time to time to add thereto, alter or restrict the same.
κ1965 Statutes of Nevada, Page 1189 (CHAPTER 440, AB 322)κ
provided for in this act, and shall have authority from time to time to add thereto, alter or restrict the same. [, and shall require of all such officers as they may deem necessary, to execute bonds payable to the city of North Las Vegas in such amount and form as the council may provide, with good and sufficient sureties, to be approved by the city council, conditioned for the faithful discharge of their respective duties. The city council shall have the power at any time to require any of such officers to execute a new bond or bonds when the existing bond or bonds shall, for any reason, be deemed by the council insufficient.]
Sec. 7. Section 31 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 447, Statutes of Nevada 1963, at page 1223, is hereby amended to read as follows:
Section 31. Municipal Court; Qualifications of Police Judge; Jurisdiction; Appeals. 1. The municipal court shall be presided over by a police judge. The police judge shall be:
(a) Not less than 25 years of age.
(b) A citizen of the United States.
(c) A resident of the city for a continuous 2-year period immediately preceding his election.
(d) A registered voter for a continuous 2-year period immediately preceding his election.
(e) An owner of real property in the city for a 2-year period immediately preceding his election.
2. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justices of the peace, wherein any person or persons are charged with a breach or violation of the provisions of any ordinance of the city or of this act, or of a violation of a municipal nature, and the court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of the city and shall be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury.
3. The court shall have exclusive jurisdiction to try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter.
4. The practice and proceedings in such court shall conform, as nearly as practicable, to the practice and proceedings of justices courts in similar cases [.] except as otherwise set forth herein. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city or county jail, at the rate of one day for every [two] four dollars of such fine, or the court may, in its discretion, adjudge and enter upon the docket a supplemental order than such offender shall work on the streets of the city, at a rate of [two] four dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
5. The court shall have jurisdiction of any action for:
κ1965 Statutes of Nevada, Page 1190 (CHAPTER 440, AB 322)κ
(a) The collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars.
(b) The foreclosure of liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars.
(c) The collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars.
(d) The breach of any bond given by any officer or person to or for the use or benefit of the city, and with any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city.
(e) Appeal bonds given on appeals from the court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars.
(f) The recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars.
6. Nothing contained in this section shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer than the validity of any tax, assessment, or levy shall necessarily be in 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 for by law for certification of causes by justices courts.
7. The 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 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 all offenses under ordinances of the city.
8. The court shall be treated and considered as a justices court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of the court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justices of the peace.
9. The police judge shall keep a docket in which shall be entered all official business in like manner as in justices courts. He shall render monthly or oftener, as the councilmen may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the [city clerk] director of finance all fines collected and moneys received on behalf of the city since his last report.
10. In all cases in which the police judge shall by reason of being a party, or related to either defendant or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of the county, on the written request of the mayor, or any member of the State Bar of Nevada who is a resident of Clark County who shall be nominated by the police judge and ratified by the council, may act in the place and stead of such police judge, and the councilmen shall have power to apportion ratably the salary or compensation of such police judge to such justice of the peace or person so serving, and deduct the sum so apportioned from the salary of such police judge.
κ1965 Statutes of Nevada, Page 1191 (CHAPTER 440, AB 322)κ
peace of the county, on the written request of the mayor, or any member of the State Bar of Nevada who is a resident of Clark County who shall be nominated by the police judge and ratified by the council, may act in the place and stead of such police judge, and the councilmen shall have power to apportion ratably the salary or compensation of such police judge to such justice of the peace or person so serving, and deduct the sum so apportioned from the salary of such police judge.
11. 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 in cases of appeal from justices courts in civil or criminal cases, as the case may be.
12. All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or any policeman of the city.
Sec. 8. Section 32 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 447, Statutes of Nevada 1963, at page 1225, is hereby amended to read as follows:
Section 32. Enactment or Ordinances; Initiative and Referendum. 1. An ordinance may be introduced by any member of the city council at any regular or special meeting of the council. Upon introduction of any ordinance, the city clerk shall distribute a copy to each councilman, the mayor and the city manager, and shall file a reasonable number of copies in the office of the city clerk and in such other public places as the council may order. Final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper at least once and at least one week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose of content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole council, such special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.
2. No ordinance passed by the board, unless it be an emergency measure, shall go into effect until [thirty] fifteen days after its passage. If at any time during such [thirty] fifteen days a petition signed by qualified electors numbering not less than 20 per cent of those who voted at the last preceding general municipal election, requesting the repeal of the ordinance or its submission to a referendum, be presented to the council such ordinance shall thereupon be suspended from going into operation, and it shall be the duty of the council to reconsider such ordinance. If upon reconsideration such ordinance is not repealed, the board shall, after the sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within ninety days, in which event it shall be submitted at such regular municipal election. No ordinance submitted to a vote of the electors shall become operative unless approved by a majority of those voting thereon.
κ1965 Statutes of Nevada, Page 1192 (CHAPTER 440, AB 322)κ
submitted to a vote of the electors shall become operative unless approved by a majority of those voting thereon.
3. Emergency measures shall be subject to referendum like other [orders] ordinances passed by the council, except that they shall go into effect at the time indicated in them. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder.
4. Any proposed ordinance, resolution or amendment to this charter, may be submitted to the council by petition signed by qualified electors numbering not less than 20 percent of those who voted at the last preceding general city election. The form, sufficiency and regularity of such petitions, shall be determined in the manner herein provided. The petition presenting the proposed ordinance, resolution, or amendment shall contain a statement in not more than 200 words giving the petitioners reason why such ordinance, resolution or amendment should be adopted; and if such petition shall contain a request that the ordinance, resolution or amendment be submitted to a vote of the people, the council shall either (a) pass such ordinance without alteration at the next regular meeting, after the sufficiency of the petition has been determined and certified to by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general election is to be held within ninety days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city. The ballot used when voting upon any such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:
For the ordinance.
Against the ordinance.
and shall be printed as provided herein or in the general election laws. Immediately to the right of each of the propositions shall be placed a square in which the elector by making a cross (X) mark, may vote for or against the adoption of the ordinance. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, it shall thereupon become a valid and binding ordinance of the municipality. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than one special election for such purpose in any period of six months. Ordinances adopted under the provisions of this section shall not be repealed or amended except by direct vote of the people as herein provided.
5. All ordinances shall be signed by the mayor and attested by the city clerk and shall be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in such city if there be one; otherwise, some newspaper published in the county and having a general circulation in such city, for a period of at least two weeks, and at least once a week during such time, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary.
κ1965 Statutes of Nevada, Page 1193 (CHAPTER 440, AB 322)κ
such time, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. 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 certified copy of the ordinances therein recorded, in the name 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 forms by the authority of the city council, they shall be so received. All ordinances heretofore adopted or amended unless previously repealed, are hereby declared valid and in full force and effect.
Sec. 9. Section 33 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 296, Statutes of Nevada 1957, at page 451, is hereby amended to read as follows:
Section 33. The said city council shall have the following powers:
1. To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said council may deem proper; provided, that the punishment of any offense shall be by fine not to exceed [three] five hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
2. To control the finances and property of the corporation.
3. To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. To borrow money on the credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the counsel shall determine; and the said council may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds to an amount in excess of [60] 40 percent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or within its limits as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip, or other evidences of indebtedness, excepting the bonded indebtedness, in excess of [2] 10 percent of the assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring water, light and heat. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The city council shall have the power to acquire or establish any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in said manner.
κ1965 Statutes of Nevada, Page 1194 (CHAPTER 440, AB 322)κ
have the power to acquire or establish any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in said manner. The city council shall issue a proclamation which shall set forth briefly the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the council and mayor, or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest, and time within which redeemable and on what fund. Such proclamation shall be published in full at least once a week for four consecutive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said council will pass an ordinance providing for said bond issue. At the first regular meeting of the council, or any adjournment thereof, after the completion of said publication, the council shall proceed to enact an ordinance for such purpose, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said council signed by not less than 10 percent of the qualified electors of the said city as shown by the last preceding registration list and representing not less than 5 percent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said 10 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed; then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast as per paragraph 6, section C. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said council pursuant to a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said council at any time prior to the date of meeting set in said published notice.
6. Water, sewer, and electric light and power revenue bond law of North Las Vegas.
Section A. That wherever used in this chapter, unless a different meaning clearly appears from the context, the term undertaking shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: systems, plants, works, instrumentalities, and properties (1) used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses; (2) used or useful in connection with the collection, treatment and disposal of sewage, waste, and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations, and equipment; and (3) used or useful in connection with the generation and transmittal of electricity for light and power for public and private uses, and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, reservoirs, generating stations, transmittal lines, and equipment.
κ1965 Statutes of Nevada, Page 1195 (CHAPTER 440, AB 322)κ
reservoirs, sewage disposal plants, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations, and equipment; and (3) used or useful in connection with the generation and transmittal of electricity for light and power for public and private uses, and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, reservoirs, generating stations, transmittal lines, and equipment.
Section B. In addition to the powers which it may now have, said city shall have power under this chapter:
1. To acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any undertaking, wholly within or wholly without the city, or partially within and partially without the city, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;
2. To operate and maintain any undertaking for its own use and for the use of public and private consumers, and users within and without the territorial boundaries of the city;
3. To prescribe, revise and collect rates, fees, tolls or charges for the services, facilities or commodities furnished by such undertaking, and in anticipation of the collection of the revenues of such undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking;
4. To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments or extension theretofore and thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities and properties of the undertakings so improved, bettered, or extended) or of any part of such undertaking;
5. When determined by its city council to be in the public interest and necessary for the protection of the public health, to enter into and perform contracts, whether long term or short term, with any industrial or mining establishment for the provision and operation by the city of sewage facilities to abate or reduce the pollution of water caused by discharges of industrial or mining waste by the industrial or mining establishment and the payment periodically by the industrial or mining establishment to the city of amounts at least sufficient, in the determination of such city council, to compensate the city for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewerage facilities serving such industrial or mining establishment.
6. And notwithstanding any provision of this chapter to the contrary or in conflict herewith, to accept contributions or loans from the United States of America, or any department, instrumentality or agency thereof, for the purpose of financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking; and
κ1965 Statutes of Nevada, Page 1196 (CHAPTER 440, AB 322)κ
specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking; and
7. To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties or in order to secure the payment of its bonds; provided, no encumbrance, mortgage or other pledge of property of the city is created thereby; and provided, no property of the city is liable to be forfeited or taken in payment of said bonds; and provided, no debt on the credit of the city is thereby incurred in any manner for any purpose.
Section C. The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking and the issuance in anticipation of the collection of the revenues of such undertaking of bonds to provide funds to pay the cost thereof may be authorized under this chapter by ordinance or resolution of the city council, which may be adopted at a regular meeting by a vote of a majority of the members elected to the city council; provided, however, that before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the city or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the city at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.010 to 350.200, inclusive. It shall not be necessary, any provisions in this charter and the laws of the State of Nevada to the contrary notwithstanding, to submit at an election, in addition to the question of issuing bonds for any of the aforesaid purposes, a question for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking. The city council, in determining such costs, may include all cost and estimated cost of the issuance of such bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period, and for six months thereafter, on money borrowed or which it is estimated will be borrowed pursuant to this chapter.
Section D. Revenue bonds issued under this chapter shall bear interest at such rate or rates not exceeding five per centum (5%) per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding the estimated life of the undertaking but in no event beyond thirty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide. Said bonds shall be issued to the contractor in payment for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking, including all incidental expenses, or said bonds shall be sold at not less than par. Said bonds may be sold at private sale to the United States of America or any agency, instrumentality, or corporation thereof.
κ1965 Statutes of Nevada, Page 1197 (CHAPTER 440, AB 322)κ
States of America or any agency, instrumentality, or corporation thereof. Unless issued to a contractor or sold to the United States of America or any agency, instrumentality, or corporation thereof, said bonds shall be sold at public sale after notice of such sale published once at least five days prior to such sale in a newspaper circulating in the city. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the city council may determine may be issued to the contractor or the purchaser or purchasers of bonds sold pursuant to this chapter. Said bonds and interim receipts or certificates shall be fully negotiable for all the purposes.
The city council may also provide in the ordinance or resolution authorizing the issuance of bonds under this chapter that the bonds, or such ones thereof as may be specified, shall, to the extent and in the manner prescribed, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.
Section E. Said bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon shall have ceased to be officers of the city issuing the same. The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the undertaking for which said bonds are issued. The ordinance or resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their innocence.
Section F. Any ordinance or resolution authorizing the issuance of bonds under this chapter, to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment or extension of an undertaking, may contain covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this chapter) as to:
(a) The rates, fees, tolls, or charges to be charged for the services, facilities and commodities of said undertaking;
(b) The use and disposition of the revenue of said undertaking;
(c) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof;
(d) The purpose or purposes to which the proceeds of the sale of said bonds may be applied and the use and disposition of such proceeds;
(e) Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on said bonds or on the coupons thereof;
(f) A fair and reasonable payment by the city to the account of said undertaking for the services, facilities or commodities furnished said city or any of its departments by said undertaking;
κ1965 Statutes of Nevada, Page 1198 (CHAPTER 440, AB 322)κ
(g) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such undertaking;
(h) The insurance to be carried thereon and the use and disposition of insurance moneys;
(i) Books of account and the inspection and audit thereof;
(j) The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;
(k) The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations;
(l) The vesting in a trustee or trustees the right to enforce any covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed hereby;
(m) A procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;
(n) The manner of collecting the rates, fees, tolls, or charges for the services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking with the rates, fees, tolls, or charges for other services, facilities, or commodities afforded by the municipality; and the discontinuance of the services, facilities, or commodities of the undertaking, as well as any other other services, facilities, or commodities afforded by the municipality, in the event that the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking are not paid. Nothing in this section or in any other section of this chapter shall be deemed in any way to authorize any city to do anything in any manner or for any purpose which would result in the creation or incurring of a debt or indebtedness or the issuance of any instrument which would constitute a bond or debt within the meaning of any provision, limitation, or restriction of the constitution relating to the creating or incurring of a debt or indebtedness or the issuance of an instrument constituting a bond or a debt.
Section G. Revenue bonds issued under this chapter shall not be payable form or charged upon any funds, other than the revenue pledged to the payment thereof, nor shall the city issuing the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the city, nor shall any such bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the city. Each bond issued under this chapter shall recite in substance that said bond, including the interest thereon, is payable solely from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the city within the meaning of any constitutional, statutory, or charter limitation.
κ1965 Statutes of Nevada, Page 1199 (CHAPTER 440, AB 322)κ
issued under this chapter shall recite in substance that said bond, including the interest thereon, is payable solely from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the city within the meaning of any constitutional, statutory, or charter limitation.
Section H. In the event that the city shall default in the payment of the principal or interest of any of the bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the city or the city council or officers, agents or employees thereof shall fail or refuse to comply with the provisions of this chapter or shall default in any agreement made with the holders of the bonds, any holders of the bonds, or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to a state court of competent jurisdiction, or any other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.
Upon such application such state court may appoint, and if the application is made by the holders of twenty-five per centum (25%) in principal amount of such bonds then outstanding, or any trustee for holders of such bonds in such principal amount, shall appoint a receiver of the undertaking. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the undertaking and each and every part thereof, and may exclude the city, tis city council, officers, agents, and employees and all persons claiming under them wholly therefrom, and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and in the name of the city or otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the city with respect to the undertaking as the city itself might do. Such receiver shall maintain, restore, insure, and keep insured, the undertaking, and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient, and shall establish, levy, maintain and collect such fees, tolls, rentals, and other charges in connection with the undertaking as such receiver may deem necessary or proper and reasonable, and shall collect and receive all revenues and shall deposit the same in a separate account, and apply such revenues so collected and received in such manner as the court shall direct.
Whenever all that is due upon the bonds, and interest thereon, and upon any other notes, bonds or other obligations, and interest thereon, having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with bond holders shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, the court may in its discretion, and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the undertaking to the city, the same right of the holders of the bonds to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided. Such receiver shall, in the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby.
κ1965 Statutes of Nevada, Page 1200 (CHAPTER 440, AB 322)κ
performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.
Section I. Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power for the equal benefit and protection of all holders of bonds similarly situated:
(a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the city and its city council, and any of its officers, agents, or employees, and to require and compel such city or such city council, or any such officers, agents, and employees to perform and carry out its and their duties and obligations under this chapter, and its and their covenants and agreements with bondholders;
(b) By action or suit in equity to require the city and city council thereof to account as if they were the trustee of an express trust;
(c) By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders;
(d) Bring suit upon the bonds.
No right or remedy conferred by this chapter upon any holder of bonds, or any trustee therefor, is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law.
Section J. The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter shall not affect the powers conferred by any other general or special law or charter provision. The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended notwithstanding that any special or general law or charter provision may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of a like undertaking and without regard to the requirement, restrictions, debt, or other limitations or other provisions contained in any other general or special law or charter provision, including, but not limited to, any restriction or limitation on the incurring of indebtedness of the issuance of bonds. Insofar as the provisions of this chapter are inconsistent with the provisions of any other general or special law or charter provision, the provisions of this chapter shall be controlling, except as otherwise herein provided.
7. To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.
8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance.
κ1965 Statutes of Nevada, Page 1201 (CHAPTER 440, AB 322)κ
on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of licenses and terms and manner of their issuance.
10. To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or in part within the city, including all theatres, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells, or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products, of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.
To prohibit and suppress all dogfights, prize fights, cockfights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions such as music or otherwise.
To fix, impose and collect a license tax of street cars, telephones, gas meters, electric meters, water meters, or any other similar device for measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.
To fix, impose and collect a license tax on and regulate all lawful professions, trades and callings, and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughterhouses, wood and fuel dealers, sewing machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls or other mechanical devices, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors, or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any kind and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry-goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drugstores, undertakers, glass and crockery stores, tamale stands or shops, abstract or title companies or persons furnishing abstract of title, iron works, notion and notion shops, pipe and tobacco shops, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said council may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
κ1965 Statutes of Nevada, Page 1202 (CHAPTER 440, AB 322)κ
makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls or other mechanical devices, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors, or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any kind and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry-goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drugstores, undertakers, glass and crockery stores, tamale stands or shops, abstract or title companies or persons furnishing abstract of title, iron works, notion and notion shops, pipe and tobacco shops, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said council may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
11. To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles, and all automobiles, taxicabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses.
κ1965 Statutes of Nevada, Page 1203 (CHAPTER 440, AB 322)κ
12. To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
13. To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.
19. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same free from snow or obstructions.
20. To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.
21. To regulate and prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, sign posts, awnings, poles for support of wires or cables, horse troughs or racks, or for posing handbills or advertisement.
22. To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.
23. To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
24. To regulate the [speed] operation of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding [in the streets, alleys, avenues, and public places.] within the limits of the corporation.
25. To regulate or prohibit any public demonstrations and processions.
26. To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues, and public places.
27. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams of horses.
28. To regulate the ringing of bells, blowing of horns, bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the street or sidewalks.
κ1965 Statutes of Nevada, Page 1204 (CHAPTER 440, AB 322)κ
all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the street or sidewalks.
29. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
30. To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks, streetcar tracks, and connecting and terminal tracks.
31. To declare a nuisance to take up and remove, or cause to be taken up and removed, the tracks of any railway, which shall have been laid upon, in, along, through or across any of the streets, alleys, avenues, or public places of the city and which shall not have been operated continuously with cars for public use for a period of one year after the laying thereof.
32. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossing of streets, alleys, avenues, and public places, and keep the same in repair within the limits of the city.
33. To require railroad companies to provide protection against injury to persons or property, to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such track may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.
34. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
35. To regulate the [opening and use thereof] use of public streets, alleys, avenues, rights-of-way, easements and public places for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
36. To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or associations, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of the said city.
37. To provide for the lighting of the streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of gas, natural gas and electric and other lights and electric power.
38. To construct and maintain water works, gas works, electric light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
39. To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
κ1965 Statutes of Nevada, Page 1205 (CHAPTER 440, AB 322)κ
water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
40. To regulate and control the water and watercourses, ditches, flumes, within or leading to the city, and to regulate and control mill privileges within the city.
41. To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or public purposes; and to prevent all waste of water, and, if necessary, to secure said sources of water supply to purchase or lease the land from or upon which said water has been appropriated or applied. Also to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.
42. To fix the rate to be paid for the use of water furnished by the city, such rate to be fixed in accordance with the provisions of this act.
43. To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
44. To regulate the construction, repair and use of vats, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifications shall be had by persons following said trade.
45. To establish markets and market-houses, and to provide for the regulations and use thereof.
46. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
47. To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.
48. To provide for the inspection, measurement, or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
49. To provide for the inspection and sealing of weights and measures.
50. To enforce the keeping and use of proper weights and measures by vendors.
51. To provide for and regulate the inspection of malt, vinous, fermented, and spirituous liquors.
52. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
κ1965 Statutes of Nevada, Page 1206 (CHAPTER 440, AB 322)κ
to impose fines upon parties who may create, continue, or suffer nuisances to exist.
53. To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, hide or junk warehouses, soap factories, foundries, breweries, distilleries, livery stables and blacksmith shops in, or within one mile of the limits of, the corporation.
54. To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pigsty, barn, corral, sewer or other unwholesome house or place, to cleanse, abate, or remove the same, and to regulate the location thereof.
55. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporations limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
56. To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
57. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons, and others for default therein.
58. To provide for the burial of the indigent dead and to pay the expenses thereof.
59. To authorize the taking and to provide for safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.
60. To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
61. To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
62. To prescribe the manner of constructing stone, brick, and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
κ1965 Statutes of Nevada, Page 1207 (CHAPTER 440, AB 322)κ
buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
63. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.
63 1/2. To adopt a building code regulating the construction, erection, enlargement, raising, alteration, repair, removal, maintenance, use, and height of buildings, including all plumbing and electric wiring therein and connected therewith, regulating the character and use of material in and for buildings, the nature and extent of occupancy of lots by proposed buildings, the restriction of building lines with reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zone, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction and which application shall be subject to approval or rejection or limited or provisional approval in the discretion of said city council if not fully complying with said building code, and providing in greater detail each, any, or all of the matters and things described in subsection 61, 62 and 63 of said section 33 of chapter 2 of said act; provided, however that said building code may be adopted by resolution of said city council and thereafter amended, changed, enlarged, or extended by resolution of said council, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for such purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said council shall cause a brief notice of such adoption to be published at least twice in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said council requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
64. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
65. To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
κ1965 Statutes of Nevada, Page 1208 (CHAPTER 440, AB 322)κ
the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
66. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.
67. Except as otherwise provided by law to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the council may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
68. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.
69. To prohibit cruelty to animals.
70. To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound keeper, and prescribe his duties, and to restrain and impound animals running at large, and to provide for the sale of the same. The proceeds arising from the sale of such animals after the payment of all costs, shall go to the city treasury to be disposed of according to law.
71. To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the council may deem proper.
72. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
73. To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants and persons found in said city without visible means of support or some ligitimate business.
74. To prevent intoxication, fighting, quarreling, dogfights, cockfights, prize fights, bullfights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings.
κ1965 Statutes of Nevada, Page 1209 (CHAPTER 440, AB 322)κ
about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled is obtained by false pretense does not exceed in value the sum of one hundred dollars.
75. To regulate and prohibit the carrying of concealed weapons.
76. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
77. To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed, or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; [and also] to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes [.] ; and also to punish, prohibit and regulate the use, possession, sale, gift or other disposition of narcotic drugs in the city, including but not limited to cannabis, indica, cocaine, yen shee, morphine, marijuana, codeine, heroin, anhalonium (peyote or mescal button).
78. To provide for and regulate the numbering of houses and lots.
79. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the council shall not have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.
80. To erect, lease, acquire, and maintain all needful buildings for the use of the city.
81. The city council shall have the power to condemn property for public use.
82. To declare by ordinance that any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the City of North Las Vegas whenever such offense is committed within the boundaries of said city.
83. To issue or deny licenses for gaming houses or gaming games and bars, saloons, or any other place or places where alcoholic beverages are sold, and to suspend or revoke any such licenses issued when there is, in the judgment of the majority of the city council, sufficient reason for such suspension or revocation.
Sec. 10. Section 33.1 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as added by chapter 374, Statutes of Nevada 1955, at page 626, is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 1210 (CHAPTER 440, AB 322)κ
chapter 283, Statutes of Nevada 1953, as added by chapter 374, Statutes of Nevada 1955, at page 626, is hereby amended to read as follows:
Section 33.1. Further Powers Generally. The city council shall also have power to provide for the collection, removal, hauling, conveying and disposal of weeds, garbage and rubbish, and to require the owners of property to remove and destroy the same, and after 10 days notice, to remove and destroy the same at city expense; provided, however, that if the expense thereof should be paid by the city, the same shall be considered a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied or collected, the lien to be completed by the filing of a statement by the city clerk of the cost thereof together with a description of the property in the office of the county recorder of Clark County, Nevada. Each such lien upon each tract assessed shall:
1. Be coequal with the latest lien thereon to secure the payment of general taxes.
2. Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
3. Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 11. Section 33.2 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as added by chapter 374, Statutes of Nevada 1955, at page 626, is hereby repealed.
Sec. 12. Section 33.3 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as added by chapter 296, Statutes of Nevada 1957, at page 468, is hereby amended to read as follows:
Section 33.3. 1. Notwithstanding that by the provisions of section B of subsection 6 of section 33 of this act the city council has the power to prescribe, revise and collect rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally-operated or municipally-owned utility or undertaking, and notwithstanding any provision of this act to the contrary or in conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally-operated or municipally-owned utility or undertaking shall be prescribed, revised, amended, altered, increased or decreased without the procedure set forth in this section first being followed.
2. There shall be filed with the city clerk schedules of rates, fees, tolls or charges which shall be open to public inspection, showing all rates, fees, tolls or charges which the city has established and which are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the city.
3. No changes shall be made in any schedule except upon 30 days notice to the inhabitants of the city and a public hearing held thereon. Notice of such proposed change shall be given by at least two publications in a newspaper published in the city during the 30-day period prior to the hearing thereon.
κ1965 Statutes of Nevada, Page 1211 (CHAPTER 440, AB 322)κ
4. At the time set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.
5. Every utility operated by the city shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, shall be just and reasonable.
6. Any charges due for services, facilities or commodities furnished by the city or by any utility operated by the city under this section is a lien upon the property to which the service is rendered and shall be perfected by the filing in the office of the county recorder of Clark County of a statement by the city clerk stating the amount due and unpaid and describing the property subject to the lien. 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.
Sec. 13. Section 35 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 426, is hereby repealed.
Sec. 14. Section 38 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 426, is hereby amended to read as follows:
Section 38. Punishment of Offenders. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the [title] number and section of the ordinance or if there is a code as provided in Chapter II in section 32.5 of this act, then in the manner in which the section of the ordinance is identified in that code, under which such action is brought. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court, before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine, penalty and costs shall be fully paid, or satisfied at the rate of one day for each [two] four dollars of such fine and costs.
Sec. 15. Section 45 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 447, Statutes of Nevada 1963, at page 1230, is hereby amended to read as follows:
Section 45. City Attorney.
1. There shall be a city attorney who shall:
(a) Be an active member of the State Bar of Nevada.
(b) Serve as chief legal officer to the council, the city manager and all city departments, offices and agencies.
(c) Represent the city in all legal proceedings.
(d) Perform any other duties prescribed by this charter or by ordinance.
κ1965 Statutes of Nevada, Page 1212 (CHAPTER 440, AB 322)κ
2. The city attorney may be removed only by action of the city council.
3. There may be deputy city attorneys who shall:
(a) Have the same qualifications as the city attorney; and
(b) Have the same power to represent the city and perform the official business of the office of city attorney as is given to the city attorney.
4. The city attorney has the power to investigate violations of the ordinances of the city of North Las Vegas or the laws of the State of Nevada over which the municipal court has jurisdiction. For the purpose of ascertaining facts in connection with the investigation, he has the power to compel the attendance and testimony of witnesses, to administer oaths, to examine such persons as he may deem necessary and to compel the production of books and documents. Failure to appear in response to a subpoena issued under this section or failure to respond to relevant questions or failure to produce relevant documents as requested shall be punishable as a civil contempt by the police judge of the municipal court if upon the filing of a complaint by the city attorney and a hearing before the court, it is found that the person failing to comply did so willfully and without adequate excuse. Willful false swearing in such investigation and examinations constitutes perjury and shall be punished as such.
Sec. 16. Section 80 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 447, Statutes of Nevada 1963, at page 1233, is hereby amended to read as follows:
Section 80. All publications herein provided for shall be made in a newspaper of general circulation in the city. The cost of publication shall not exceed the usual legal rates.
Sec. 17. Section 80.1 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as added by chapter 296, Statutes of Nevada 1957, at page 469, and amended by chapter 447, Statutes of Nevada 1963, at page 1234, is hereby amended to read as follows:
Section 80.1. Civil Service. 1. There is hereby created a department of civil service of the city of North Las Vegas, applicable to and governing all employees of the city except department heads, the city clerk, the city attorney, any city manager, and any elected officer.
2. The department of civil service shall be under the control and management of a board of five trustees appointed by the city council. The board of trustees shall be known and designated as the board of civil service trustees.
3. The board of civil service trustees shall keep a record of its proceedings and transactions, and shall provide and prepare rules and regulations for the administration of such civil service and shall recommend the same for adoption by the city council. The rules and regulations may be adopted and published in the form of an ordinance and in the manner prescribed by law. The rules and regulations adopted shall be published in booklet form and a copy made available to each employee whose employment is subject thereto. The rules and regulations may be amended in the same manner as ordinances are amended, but any subsequent amendments to the rules and regulations, if the same do not originate with the board, shall be referred to the board of civil services trustees, and a hearing held thereon by the board prior to adoption by the city council.
κ1965 Statutes of Nevada, Page 1213 (CHAPTER 440, AB 322)κ
same do not originate with the board, shall be referred to the board of civil services trustees, and a hearing held thereon by the board prior to adoption by the city council. All rules and regulations adopted shall be consistent with the provisions of this act.
4. Such rules and regulations shall provide for the following matters in addition to such others as may be necessary and proper in carrying out the intent and purposes of this act:
(a) The classification of all persons employed by the city of North Las Vegas, except department heads, the city clerk, the city attorney, any city manager, and any elected officer.
(b) The selection, employment, advancement, suspension, demotion and discharge of all such employees.
(c) The holding of free, open competitive examinations, and the administering of other suitable tests to test fairly the relative capacity of the persons examined to discharge the duties of the position to which they seek to be appointed.
(d) The public advertising of all entrance examinations.
(e) A period of probation of [6] 12 months before an appointment or promotion is made complete, during which period a probationer may be discharged if it is an appointment probation, or reduced if a promotion probation by the appointing power without the right of appeal if, during the performance test, the appointing power deems him unfit for satisfactory service.
5. A record of all examinations and appointments shall be kept by the personnel director or city manager from the list of those persons who have taken examinations for such positions, and such appointment must be made from the three persons holding the highest ratings on such list.
6. No police officer shall be appointed if he has a previous record of brutality or excessive use of force while engaged in the functions of a peace officer, which brutality or excessive use of force resulted in his discharge or termination from previous employment.
7. No person in the civil service shall be removed from or discharged from his position except for cause, which shall be stated in writing to the board of civil service trustees by the appointment power, and a copy of such statement shall be served upon the person to be so removed or discharged. At any time within 15 days after the filing with the board of civil service trustees of such statement, the board may on its own motion, and must on application of the discharged employee, inquire into such removal or discharge. If in its judgment such removal or discharge was without justification and the employee removed or discharged is a fit and competent person to retain his position, he shall be reinstated and restored and shall be entitled to receive compensation during the period of his suspension and pending such hearing and reinstatement.
8. In any such hearing conducted by the board of civil service trustees, the board shall have the power to examine witnesses under oath, compel their attendance and the production of evidence before it by subpenas issued in the name of the state and attested by the city clerk.
κ1965 Statutes of Nevada, Page 1214 (CHAPTER 440, AB 322)κ
9. To the end that no undue hardships may be worked upon any officer or employee of the city who shall have attained a certain grade, rank or position as a result of continuous service, all officers and employees who have been in the employ of the city for more than 6 months immediately prior to the passage and approval of this amendatory act shall be credited by the board of civil service trustees with a qualified mark, both mental and physical, and entrance to the civil service of the city, and to the position, grade or rank held by such officers and employees at the time of the enactment of this amendatory act.
10. Any duly appointed trustee holding office at the time of enactment of this amendatory act shall continue in his position for the term for which he has been appointed unless earlier removed for cause.
11. The city council may by ordinance adopt such further rules and regulations not in conflict with this section as may be necessary for the complete and efficient operation of the civil service department of the city.
(There are no sections 18 to 22, inclusive.)
Sec. 23. The above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 393, is hereby amended by adding thereto a new section designated section 3.5, which shall immediately follow section 3 of Chapter II and shall read as follows:
Section 3.5. Declaration of Candidacy, Filing, Primary Election. The city council shall provide by ordinance for a time before which persons seeking city office must declare their candidacy and file the necessary documents, If for any municipal general election held during or after 1967 there are three or more candidates for the offices of mayor or municipal court judge, or five or more candidates for the two city councilman offices to be elected, a primary election for such office or offices shall be held on the Tuesday following the 1st Monday of April preceding such general election. The names of the two candidates for mayor and municipal court judge and the names of the four candidates for city councilman who receive the highest number of votes in the primary election shall be placed on the ballot for the general election unless one of the candidates for mayor or municipal court judge receives a majority of the total votes cast for the office in the primary election, in which case only the name of that candidate shall be placed on the ballot for the general election.
Sec. 24. Section 5 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 396, is hereby amended to read as follows:
Section 5. Officers, Election of: Canvass of Returns, When and by Whom; Tie Vote Procedure. On the Tuesday following [said] a primary or general election, or as soon thereafter as practicable, the city council of the city of North Las Vegas then in office shall canvass the returns and declare the election of the candidates receiving the highest number of votes; and in the event it should appear that a tie vote exists as to any two or more of the candidates for any office made elective by popular vote the city council of the city of North Las Vegas shall forthwith summon the candidates who have received such tie votes to appear before the council, and such council in the presence of such candidates shall determine the tie by lot.
κ1965 Statutes of Nevada, Page 1215 (CHAPTER 440, AB 322)κ
shall determine the tie by lot. The city council of the said city of North Las Vegas shall thereupon cause to be issued to each of the successful candidates for said elective offices a certificate of election, and such certificate or a certified copy thereof shall be received in evidence in any court in this state as prima-facie evidence of the election of such officer.
Sec. 25. Section 32.5 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as added by chapter 320, Statutes of Nevada 1963, at page 601, is hereby amended to read as follows:
Section 32.5. [Codification] Codification of Ordinances; Publication of Municipal Code.
1. The city council shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such a publication is published, two copies shall be filed with the librarian of the Nevada state library [,] and two copies shall be filed with the Clark County law 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 North Las Vegas.
4. The codification may, by ordinance regularly passed, adopted and published be amended or extended.
Sec. 26. This act shall become effective upon passage and approval.
________
Assembly Bill No. 342Mr. Manning
CHAPTER 441
AN ACT to amend NRS section 244.260, relating to county surplus building and maintenance reserve funds, by changing the time limitation on accumulation of funds.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.260 is hereby amended to read as follows:
244.260 1. With the approval of the state board of finance, the board of county commissioners of any county may accumulate a fund, for a period not to exceed [10] 14 years, for the purpose of constructing, making additions to, or repairing any and all buildings which by law the board is authorized to build, repair, manage and control, by the levy of an annual special tax not to exceed 25 cents on each $100 of assessed value of real and personal property in the county.
κ1965 Statutes of Nevada, Page 1216 (CHAPTER 441, AB 342)κ
the levy of an annual special tax not to exceed 25 cents on each $100 of assessed value of real and personal property in the county.
2. All moneys collected from the special tax shall be placed with the county treasurer in a fund to be known as the county surplus building and maintenance reserve fund. Any moneys in the fund at the end of the fiscal year shall not revert to the county general fund but shall remain in the county surplus building and maintenance reserve fund until earmarked for a specific purpose.
3. Any moneys in the county surplus building and maintenance reserve fund may, from time to time, be invested only in short-term United States Government bonds.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 348Clark County Delegation
CHAPTER 442
AN ACT to amend NRS sections 379.080 and 379.090, relating to free public libraries in county library districts and library trustees, by reducing the number of signatures required for petition; by providing for publication of notice, protest and submission of the question to the voters; by providing for initial appointment, term of office and vacancies of library trustees and for subsequent election and appointment of trustees; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 379.080 is hereby amended to read as follows:
379.080 1. Whenever in any county a petition or petitions praying for the formation of a county library district and the establishment of a free public library therein [and setting forth the boundaries of the proposed library district, certified by the district judge of any judicial district as being signed by a majority of the taxpayers or by taxpayers representing a majority of the taxable property in the proposed county library district, as shown by the last preceding assessment roll of the county, shall be presented to the board of county commissioners of the county in which the territory of the proposed county library district is situated, accompanied by an affidavit or affidavits of one or more of the signers thereof that the signatures thereto are genuine, the board of county commissioners shall, within 10 days after the petition or petitions are so presented:
(a) Order the creation of the county library district and the establishment of a free public library therein; and
(b) Levy a tax upon all taxable property in the county library district of not less than 5 cents nor more than 15 cents on each $100 valuation of taxable property therein for the purpose of creating a fund to be known as the library fund.
κ1965 Statutes of Nevada, Page 1217 (CHAPTER 442, AB 348)κ
2. Each year thereafter, at the time and in the manner other taxes are levied, the board of county commissioners shall levy a tax upon such property for such purpose of not more than 15 cents on each $100 valuation thereof.] setting forth the boundaries of the proposed library district, certified by the district judge of any judicial district as being signed by 10 percent of the taxpayers or by taxpayers representing 10 percent of the taxable property in the proposed county library district, as shown by the last-preceding assessment roll of the county, is presented to the board of county commissioners of the county in which the territory of the proposed county library district is situated, accompanied by an affidavit or affidavits of one or more of the signers thereof that the signatures thereto are genuine, the board of county commissioners shall, at their next regular meeting after the petition or petitions are so presented:
(a) Pass a resolution to the effect that a county library district with properly defined boundaries is to be established and cause to be published a notice thereof in a newspaper of general circulation within the district once a week for a period of 2 weeks; and
(b) Allow 30 days after the first publication of the notice during which all taxpayers of the district in which the district library is to be situated shall have the right to file protests with the county clerk.
2. If the aggregate of protests is less than 10 percent of the taxpayers voting in the last general election, the board of county commissioners shall order the creation of such county library district and the establishment of a free public library therein and levy taxes in support and continued maintenance of such library in accordance with subsection 5.
3. If the aggregate of protests is more than 10 percent of the taxpayers voting in the last general election, the board of county commissioners shall:
(a) Proceed no further with reference to the establishment of a county library district without submitting the question to the voters; and
(b) Hold the election as soon as practicable and as nearly as may be in accordance with the general election laws of the state.
4. If the majority of votes cast at such election is against the establishment of the county library district, it shall be deemed lost and the board of county commissioners shall proceed no further. If the majority of votes is in favor of the county library district, the board of county commissioners shall, within 10 days after such election, order the creation of the county library district and establishment of a free public library therein.
5. Upon the creation of a county library district and establishment of a free public library therein, the board of county commissioners shall, at the next time for levying taxes and in each year thereafter, at the time and in the manner other taxes are levied, levy a tax upon all taxable property in the county library district of not more than 15 cents on each $100 valuation thereof, for the purpose of creating and maintaining a fund known as the library fund.
Sec. 2. NRS 379.090 is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 1218 (CHAPTER 442, AB 348)κ
379.090 1. After ordering the [establishment of a free public library in a city or unincorporated town as provided in NRS 379.070, or after ordering the creation of a county library district and the establishment of a free public library therein as provided in NRS 379.080, the board of county commissioners shall appoint five competent persons who are residents of such city, unincorporated town or county library district, who shall be known as library trustees. Three library trustees shall hold office for the terms of 1, 2 and 3 years respectively, and two library trustees shall hold office for terms of 4 years. Annually thereafter, the board of county commissioners shall appoint one library trustee who shall hold office for a term of 4 years, except that in those years in which the terms of two library trustees expire, the board of county commissioners shall appoint two library trustees for terms of 4 years. Library trustees shall hold office until their successors are appointed and qualified.
2. A vacancy in the office of library trustee occurring other than by expiration of term shall be filled by appointment by the board of county commissioners for the unexpired term.
3. Library trustees shall serve without compensation.] creation of a county library district and the establishment of a free public library therein as provided in NRS 379.080, the board of county commissioners shall appoint five competent persons who are residents of such county library district who shall be known as trustees. The trustees so appointed shall serve until their successors have been elected and qualified. The first election of trustees shall be at the first general election which occurs more than 4 months following the creation of the county library district. The terms of all county district library trustees appointed subsequent to March 1, 1965, shall expire on the election and appointment of their successors. County district library trustees appointed prior to March 1, 1965, shall determine whether appointment or election of trustees is in the best interests of library service in the districts which they serve, and proceed accordingly.
2. At the first election of county district library trustees in any county library district, five trustees shall be elected at large as follows:
(a) Three persons shall be elected for a term of 2 years.
(b) Two persons shall be elected for a term of 4 years.
(c) Thereafter, at each general election, the offices of county district library trustees shall be filled for terms of 4 years in the order in which the terms expire.
3. If a board of county district library trustees has determined pursuant to subsection 1 that trustees should be appointed, the term of each member of such board shall expire on the date provided at the time of his appointment, and at the expiration of each such term the board of county commissioners shall appoint a competent person resident in the county library district to serve for a term of 4 years.
4. A vacancy in the office of county district library trustee which occurs other than by expiration of the term shall be filled by appointment by the board of county commissioners for the unexpired term.
5. County library district trustees shall serve without compensation.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1219κ
Assembly Bill No. 351Mr. Olsen
CHAPTER 443
AN ACT to amend chapter 117 of NRS, relating to condominiums, by requiring that fees received from purchasers for maintenance be deposited in a custodial account and records kept.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 117 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who receives fees from a purchaser of a condominium for the maintenance of the project shall:
1. Immediately deposit such moneys in a separate custodial account maintained by him with some bank or recognized depositary in this state.
2. Keep records of all such moneys deposited therein.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 367Mr. Close
CHAPTER 444
AN ACT to amend chapter 205 of NRS, relating to crimes against property, by adding a new section providing a penalty for the conversion of rented or leased personal property; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person who in renting or leasing personal property obtains or retains possession of such personal property by means of any false or fraudulent representation, fraudulent concealment, false pretense or personation, trick, artifice or device, including, but not limited to, a false representation as to his name, residence, employment or operators license, is guilty of:
(a) A felony if the personal property is of a value of $200 or more.
(b) A misdemeanor if the personal property is of a value of less than $200.
It shall be a complete defense to any civil action arising out of or involving the arrest or detention of any person renting or leasing personal property that any representation made by him in obtaining or retaining possession of the personal property is contrary to the fact.
2. Any person who, after renting or leasing personal property under an agreement in writing which provides for the return of the personal property to a particular place or at a particular time, fails to return the personal property to such place within the time specified, and is thereafter personally served with a written demand, addressed to his last-known address, to return the personal property to the place specified in the written agreement within 72 hours from the time of the personal service by written demand, and who fails, with the intent temporarily or permanently to deprive the lessor of such property, to return such property to the lessor within such period, is guilty of:
κ1965 Statutes of Nevada, Page 1220 (CHAPTER 444, AB 367)κ
personal property to a particular place or at a particular time, fails to return the personal property to such place within the time specified, and is thereafter personally served with a written demand, addressed to his last-known address, to return the personal property to the place specified in the written agreement within 72 hours from the time of the personal service by written demand, and who fails, with the intent temporarily or permanently to deprive the lessor of such property, to return such property to the lessor within such period, is guilty of:
(a) A felony if the personal property is of a value of $200 or more.
(b) A misdemeanor if the personal property is of value of less than $200.
It shall be a complete defense to any civil action arising out of or involving the arrest or detention of any person upon whom such written demand was personally served that he failed to return the personal property to the place specified in the rental agreement within such 72-hour period.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 373Committee on State Institutions and Libraries
CHAPTER 445
AN ACT to amend NRS section 209.090, relating to the appointment, term and residence of the warden of the Nevada state prison, by providing that the warden need not reside on or near the grounds of the prison; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.090 is hereby amended to read as follows:
209.090 1. The governor shall appoint a warden of the state prison.
2. The warden shall take charge of the state prison promptly after his appointment, and shall hold office until his successor is appointed and qualified.
3. The warden shall be subject at all times to the order and direction of the board, and shall be the chief executive officer of the prison. [and shall reside at the residence provided for in NRS 209.115.]
4. The warden may, but is not required to, reside at the residence provided for in NRS 209.115.
________
κ1965 Statutes of Nevada, Page 1221κ
Assembly Bill No. 379Messrs. Bunker and Gray
CHAPTER 446
AN ACT to amend NRS sections 4.020 and 4.350, relating to the election and terms of office of justices of the peace and clerks of justices courts, by providing for the election of an additional justice of the peace in any township having a population of 100,000 or more; providing for the appointment of deputies by certain clerks of justices courts; to amend chapter 4 of NRS, relating to justices courts, by adding a new section providing for concurrent and coextensive jurisdiction of certain justices of the peace; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 4.020 is hereby amended to read as follows:
4.020 1. [There] Until the 1st Monday in January 1967, there shall be one justices court in each of the townships of the state, for which one justice of the peace shall be elected by the qualified electors of the township at the general state election next preceding the expiration of the term of office of his predecessor.
2. From and after the 1st Monday in January 1967, there shall be one justices court in each of the townships of the state having a population of less than 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, for which one justice of the peace shall be elected by the qualified electors of the township at the general state election next preceding the expiration of the term of office of his predecessor.
3. From and after the 1st Monday in January 1967, there shall be one justices court in each of the townships of the state having a population of 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, for which two justices of the peace shall be elected by the qualified electors of the township at the general state election to be held in November 1966, and at each state general election held every 2 years thereafter.
4. The term of office of justices of the peace shall be 2 years from and after the 1st Monday in January next succeeding their election.
[3.] 5. Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.
[4.] 6. The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the secretary of state the election or appointment and qualification of the justice of the peace. The certificate shall be filed in the office of the secretary of state as evidence of the official character of such officer.
Sec. 2. NRS 4.350 is hereby amended to read as follows:
4.350 1. The board of county commissioners may appoint a clerk for the justices court upon the recommendation of the justice of the peace. The compensation of a clerk so appointed shall be fixed by the board of county commissioners.
κ1965 Statutes of Nevada, Page 1222 (CHAPTER 446, AB 379)κ
2. The justices clerk appointed under the provisions of subsection 1 shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of such township and county.
3. The justices clerk shall have authority to administer oaths, take and certify affidavits and acknowledgments, issue process, enter suits on the docket, and do all clerical work in connection with the keeping of the records, files and dockets of the court, and shall perform such other duties in connection with the office as the justice of the peace shall prescribe.
4. Where there is more than one justice of the peace serving in any township, the clerk appointed under the provisions of subsection 1 may, with the approval of the board of county commissioners, appoint a deputy who shall comply with the requirements of subsection 2 and have, under the direction of the clerk, the powers and duties prescribed in subsection 3.
Sec. 3. Chapter 4 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In townships where more than one justice of the peace has been provided for by NRS 4.020, such justices of the peace shall have concurrent and coextensive jurisdiction within the territorial limits provided by law, and may make such rules and regulations, not inconsistent with law, as will enable them to transact judicial business in a convenient and lawful manner.
________
Assembly Bill No. 389Committee on Taxation
CHAPTER 447
AN ACT to amend NRS section 370.260, relating to remittances and apportionments from the cigarette tax fund, by changing the apportionment of receipts of the cigarette tax among the state, counties and incorporated cities; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, shall be paid to the tax commission in the form of remittances payable to the Nevada tax commission.
2. The tax commission shall:
(a) Transmit such payments to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund.
(b) Report to the state controller quarterly the amount of collections together with the percentage of sales made during such quarter in each county.
κ1965 Statutes of Nevada, Page 1223 (CHAPTER 447, AB 389)κ
together with the percentage of sales made during such quarter in each county.
3. The money in the cigarette tax fund is hereby appropriated as follows:
(a) There is first appropriated from the cigarette tax fund [66] 30 percent thereof, which shall be paid to the general fund of the state.
(b) There is second appropriated from the cigarette tax fund [28.5] 64.5 percent thereof, which shall be apportioned among and paid monthly to the incorporated cities and the counties of the state on the basis of the population of such cities, and the population of such counties excluding the population of the incorporated cities in such counties, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(c) The remaining 5.5 percent shall be paid quarterly during each fiscal year to the counties of this state in the same proportion that the total taxes collected from the sale of cigarettes in each county during such quarter bears to the total taxes collected from the sale of cigarettes in all counties of this state during such quarter, as certified by the tax commission.
________
Assembly Bill No. 403Clark County Delegation
CHAPTER 448
AN ACT to amend an act entitled An Act fixing the salaries and compensation of officers, deputy officers and employees of Clark County, Nevada, and repealing all other acts and parts of acts in conflict therewith, approved March 24, 1955, as amended.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 206, Statutes of Nevada 1955, as last amended by Assembly Bill No. 402 of the 53rd session of the legislature in 1965, is hereby amended to read as follows:
Section 1. From and after [July 1, 1965,] the 1st Monday in January 1967, the county officers and deputy county officers and employees of Clark County, Nevada, shall receive the following salaries and compensation for all services rendered:
1. The sheriff of Clark County shall receive an annual salary of [$15,600,] $17,000, payable in equal monthly installments, which shall be in lieu of all commissions, fees and allowances collected in his capacity as ex officio license collector, and he shall have one undersheriff to be selected by him who shall receive a monthly salary of not less than $750, and such other deputies and clerical help, to be named by him, as the work in his office may justify, subject to the consent of the board of county commissioners, for such compensation as shall be fixed by the board of county commissioners. He shall be allowed his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
κ1965 Statutes of Nevada, Page 1224 (CHAPTER 448, AB 403)κ
actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
2. The county clerk and ex officio of the district court and of the board of county commissioners shall receive an annual salary of [$10,000,] $15,000, payable in equal monthly installments, for all services in the office, and may be allowed such deputies and clerical help, to be named by such clerk, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, that the chief deputy county clerk shall receive a monthly salary of not less than $600. The county clerk shall be allowed actual traveling expenses, or those of a deputy, to consist of actual costs of transportation and living expenses while absent from the county seat in the performance of official duties, provided the expenses shall be first audited and allowed by the board of county commissioners. All fees and commissions collected by the county clerk and ex officio clerk of the district court and of the board of county commissioners in the performance of his duties shall be paid into the county treasury each month.
3. The county assessor shall receive an annual salary of [$11,200,] $15,000, payable in equal monthly installments, as compensation for all services as such officer or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivision shall be deposited by the assessor to the credit of the county in the county general fund. The county assessor may be allowed a chief deputy who shall receive a monthly salary of not less than $600, and other deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners. The county assessor, or his deputy, shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
4. The county treasurer and ex officio tax collector shall receive an annual salary of [$10,800,] $13,500, payable in equal monthly installments for all his services as such treasurer or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivision shall be deposited by the treasurer to the credit of the county in the county general fund, and he may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy county treasurer shall receive a monthly salary of not less than $600. The county treasurer shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties, providing that the expenses shall be first audited and allowed by the board of county commissioners.
κ1965 Statutes of Nevada, Page 1225 (CHAPTER 448, AB 403)κ
providing that the expenses shall be first audited and allowed by the board of county commissioners.
5. The county recorder and auditor shall receive an annual salary of [$10,800,] $13,500, payable in equal monthly installments as compensation for all his services as such county recorder and auditor or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipal corporation or political subdivision shall be deposited by the recorder and auditor to the credit of the county in the county general fund. The county recorder and auditor may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy in the office shall receive a monthly salary of not less than $600. The county recorder and auditor shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
6. The district attorney shall receive an annual salary of [$17,000,] $18,000, payable in equal monthly installments for all his services as such officer. The district attorney may engage in the private practice of law. He may have such deputies, clerical help or other personnel, to be named by him, as the board of county commissioners may deem necessary and at salaries to be fixed by the board of county commissioners; provided, however, the two chief deputy district attorneys, one for civil matters and one for criminal matters, shall receive a monthly salary of not less than $1,000. The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, special investigators at salaries to be fixed by the board of county commissioners. The district attorney and his deputies shall be allowed all their actual traveling expenses, to consist of actual cost of their transportation and living expenses while absent from the county seat in the performance of their official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
7. [The county commissioners shall each receive an annual salary of $6,000, payable in equal monthly installments, which shall be in full compensation for all services whatsoever required of such commissioners. They] County commissioners who were elected at a general election held prior to the general election held in 1966 shall, on and after the 1st Monday in January 1967, during their term of office, each receive an annual salary of $6,000, payable in equal monthly installments, which shall be in full compensation for all services whatsoever required of such commissioners. County commissioners who are elected at the general election held in 1966, and subsequent general elections, shall, on and after the 1st Monday in January 1967, each receive an annual salary of $6,600, payable in equal monthly installments, which shall be in full compensation for all services whatsoever required of such commissioners. County commissioners shall be allowed all their actual traveling expenses, to consist of actual costs of their transportation and living expenses while absent from the county seat in the performance of their official duties, provided the expenses shall be first audited and allowed by a majority of the board of county commissioners.
κ1965 Statutes of Nevada, Page 1226 (CHAPTER 448, AB 403)κ
of their official duties, provided the expenses shall be first audited and allowed by a majority of the board of county commissioners. Each commissioner shall be entitled to traveling expenses in the sum of 10 cents per mile in traveling to and from the meetings of the commissioners. The chairman of the board of county commissioners without additional compensation, shall be ex officio purchasing agent of the county with such powers and duties as may be prescribed by the board of county commissioners.
SEC. 2. This act shall become effective on the 1st Monday in January 1967.
________
Assembly Bill No. 405Mrs. Frazzini
CHAPTER 449
AN ACT to amend chapter 31 of NRS, relating to extraordinary remedies, by adding a new section requiring a plaintiff in an action to attach personal property to deposit sufficient funds to cover expenses involved in taking and storing such property; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 31 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In cases where the sheriff, constable or marshal is instructed to take into possession easily transportable personal property, whether the same is to be placed in a warehouse or in custody of a keeper, the sheriff, constable or marshal shall require, as a prerequisite to the taking of such property, that in addition to written instructions the plaintiff or his attorney of record deposit with the sheriff, constable or marshal, a sum of money sufficient to pay the expenses of taking and keeping safely such property for a period not to exceed 15 days.
2. If a further detention of the property is required, the sheriff, constable or marshal shall, from time to time, make written demand upon the plaintiff or his attorney for further deposits to cover estimated expenses for periods not to exceed 5 days each. If the attaching party desires to make a greater deposit he may do so. Such demand shall be personally served on the plaintiff or his attorney or left with a responsible person or in a proper receptacle at the office or residence of the plaintiff or his attorney or such demand shall be deposited in the post office in a sealed envelope, as first-class registered mail postage prepaid, addressed to the person on whom it is served or his attorney at his last-known office or place of residence.
3. If the money so demanded is not paid, the sheriff, constable or marshal shall notify defendant within 24 hours after funds for storing and handling the property are no longer available and shall release the property to the persons from whom it was taken.
κ1965 Statutes of Nevada, Page 1227 (CHAPTER 449, AB 405)κ
the property to the persons from whom it was taken. Failure so to notify the defendant shall impose liability on the sheriff for such expenses unless sufficient funds can be obtained from the plaintiff.
SEC. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 416Messrs. Bowler and Bailey
CHAPTER 450
AN ACT to amend NRS section 690.133, relating to conditions for issuance of group life insurance to associations, by including associations of employers among those who may be so insured and by requiring that all members of an insured association be in the same occupation.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 690.133 is hereby amended to read as follows:
690.133 A policy may be issued to an association of employers or an association whose members are in the same industry, occupation or profession, and which has legally been in existence for 1 or more years and which has a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least 25 members of the association for the benefit of persons other than the association or its officers or trustees as such.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 417Messrs. Bowler and Bailey
CHAPTER 451
AN ACT to amend NRS section 692.060, relating to group accident and health insurance, by including associations of employers among those who may be so insured and by requiring members of an insured association to be in a single occupation.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 692.060 is hereby amended to read as follows:
692.060 Any company authorized to do the business of accident and health insurance in this state may issue group policies insuring against bodily injury or death caused by accident or by accidental means or against sickness, or both, coming within any of the following classifications:
κ1965 Statutes of Nevada, Page 1228 (CHAPTER 451, AB 417)κ
1. A policy issued to an employer, who shall be deemed the policyholder, insuring at least five employees of such employer for the benefit of persons other than the employer, or to the trustees of a fund established by two or more employers or by one or more labor unions, or by one or more employers and one or more labor unions, which trustees shall be deemed the policyholder, insuring at least 25 employees of such employers or members of such union or both for the benefit of persons other than the trustees, employers or unions. Employees as used in this subsection shall be deemed to include the officers, managers and employees of the employer, the partners, if the employer is a partnership, the officers, managers and employees of subsidiary or affiliated corporations of a corporation employer, and the individual proprietors, partners and employees of individuals and firms, the business of which is controlled by the insured employer through stock ownership, contract or otherwise. No director of a corporate employer or any partner in a partnership shall be eligible for insurance under the policy unless such person is otherwise eligible by being actively engaged in and devoting a substantial part of his time to the conduct of the business of the corporation or partnership. Employer as used in this subsection may be deemed to include any municipal or governmental corporation, unit, agency or department thereof and the proper officers, as such, of any unincorporated municipality or department thereof, as well as private individuals, partnerships and corporations.
2. A policy issued to an association of employers or an association whose members are in the same industry, occupation or profession, and which has a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least 25 members of the association for the benefit of persons other than the association or its officers or trustees as such.
3. A policy issued to any common carrier of passengers, insuring all persons who may become passengers of such carrier or all of any class or classes thereof determined by the means of transportation used by the insured class or classes, insuring against bodily injury or death either while or as a result of being such passengers.
4. A policy issued to a college, school or other institution of learning or to the head or principal thereof, insuring students, or students and employees, of such institution.
5. A policy issued to or in the name of any volunteer fire department, insuring all of the members of such department against any one or more of the hazards to which they are exposed by reason of such membership.
6. A policy issued to a creditor insuring a group of debtors, as defined in NRS 690.110, and under the same conditions and limitations as specified in such section, but the amount of indemnity payable with respect to any person insured thereunder shall not at any time exceed the aggregate of the periodic scheduled unpaid installments or the sum of $10,000, whichever is less.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 1229κ
Assembly Bill No. 426Messrs. Fike and Swobe
CHAPTER 452
AN ACT to amend NRS section 106.240, relating to the extinguishment of recorded mortgage liens, by including deeds of trust and recorded extensions of mortgages and deeds of trust.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 106.240 is hereby amended to read as follows:
106.240 The lien heretofore or hereafter created of any mortgage or deed of trust upon any real property, appearing of record, and not otherwise satisfied and discharged of record, shall at the expiration of 10 years after the debt secured by the mortgage or deed of trust accordingly to the terms thereof or any recorded written extension thereof become wholly due, terminate, and it shall be conslusively presumed that the debt has been regularly satisfied and the lien discharged.
________
Assembly Bill No. 431Committee on Elections
CHAPTER 453
AN ACT to amend NRS sections 3.190 and 293.407, relating to jurisdiction of district courts and election contests, by granting district courts original jurisdiction in election contests, by excepting the offices of United States Senator and Representative in Congress from the state election contest provision, and by providing that contests of election be filed with the clerk of the district court.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.190 is hereby amended to read as follows:
3.190 1. The district courts, severally, have original jurisdiction in:
(a) All cases in equity.
(b) All cases at law which involve the title or the right of possession to, or the possession of real property or mining claims, or the legality of any tax, impost, assessment, toll or municipal fine.
(c) All actions to foreclose mechanics liens.
(d) All cases in which the demand, exclusive of interest, or the value of the property in controversy, exceeds $300.
(e) All cases relating to the estates of deceased persons, and the persons and estates of minors, idiots and insane persons.
(f) The action of forcible entry and unlawful detainer.
(g) All criminal cases not otherwise provided for by law.
(h) All cases in which election to a public office, including the office of presidential elector, is contested, except those offices enumerated in NRS 293.407.
κ1965 Statutes of Nevada, Page 1230 (CHAPTER 453, AB 431)κ
2. They shall also have final appellate jurisdiction in cases arising in justices courts and such other inferior tribunals as may be established by law.
3. The district courts and the judges thereof shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction. They also shall have power to issue writs of habeas corpus, on petition by, or on behalf of, any person held in actual custody in their respective districts.
SEC. 2. NRS 293.407 is hereby amended to read as follows:
293.407 1. A candidate at any election, or any registered voter of the appropriate political subdivision, may contest the election of any candidate [.] , except for the office of United States Senator or Representative in Congress.
2. Except where the contest involves the office of governor, lieutenant governor, assemblyman, state senator or justice of the supreme court, a candidate or voter who wishes to contest an election, including election to the office of presidential elector, shall, within the time prescribed in NRS 293.413, file with the clerk of the [supreme] district court a written statement of contest, setting forth:
(a) The name of the contestant and that he is a registered voter of the political subdivision in which the election to be contested or part of it was held;
(b) The name of the defendant;
(c) The office to which the defendant was declared elected;
(d) The particular grounds of contest and the section of Nevada Revised Statutes pursuant to which the statement is filed; and
(e) The date of the declaration of the result of the election and the body or board which canvassed the returns thereof.
3. The contestant shall verify the statement of contest in the manner provided for the verification of pleadings in civil actions.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 435Committee on Ways and Means
CHAPTER 454
AN ACT to amend NRS section 482.180, relating to the motor vehicle fund, by removing exceptions concerning the collection of privilege taxes; by changing the distribution of commissions for the collection of privilege taxes; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.180, is hereby amended to read as follows:
482.180 1. There is hereby created in the state treasury a fund which shall be known as the motor vehicle fund. The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this chapter in the motor vehicle fund.
κ1965 Statutes of Nevada, Page 1231 (CHAPTER 454, AB 435)κ
2. Funds for the administration of the provisions of this chapter [, except for the provisions relating to collection of privilege taxes on vehicles,] shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay every item of expense. [, except expenses incurred in the collection of privilege taxes on vehicles, which may be properly charged against the department, including the salaries of the clerks employed in the department. Funds for the payment of all administrative expenses incurred in the collection of privilege taxes on vehicles shall be provided by direct legislative appropriation from the general fund in the state treasury. All claims for such expenses and salaries shall be certified to the state board of examiners and paid as other claims against the state are paid.]
3. The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county be the department and its agents during the preceding month, and such funds shall be paid monthly to each county assessor in the same manner as other claims against the state are paid. Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operations shall be distributed among the counties in the following percentages:
Churchill......... ....... 5.21 percent Lyon............... 2.90 percent
Clark................ ..... 22.54 percent Mineral........... 2.40 percent
Douglas.......... ....... 2.52 percent Nye................. 4.09 percent
Elko................. ..... 13.31 percent Ormsby........... 1.07 percent
Esmeralda....... ....... 2.52 percent Pershing......... 7.00 percent
Eureka............. ....... 3.10 percent Storey............. .19 percent
Humboldt....... ....... 8.25 percent Washoe.......... 12.24 percent
Lander............ ....... 3.88 percent White Pine..... 5.66 percent
Lincoln........... ....... 3.12 percent
4. Each county assessor shall distribute such funds in the same manner, to the same recipients, and in the same ratio, as personal property taxes were distributed in the previous fiscal year, but the State of Nevada shall not be entitled to share in any such distribution. [The county shall be entitled to reserve 5 percent of such funds as commission to the county for assisting in the collection of such taxes, and shall remit 1 percent of such funds to the state treasurer for deposit in the general fund as commission to the state for collecting such taxes.] As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of chapters 482 and 706 of NRS the department shall retain 1 percent from counties acting as agents of the department and 6 percent from counties where the department has established branch offices. The department shall be held liable for checks dishonored upon presentment for payment which have been received in payment for such taxes as provided in NRS 482.183.
5. When the foregoing requirements have been met, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
Sec. 2. This act shall become effective at 12:05 a.m. on July 1, 1965.
________
κ1965 Statutes of Nevada, Page 1232κ
Assembly Bill No. 450Committee on Banking, Insurance and Corporations
CHAPTER 455
AN ACT to amend NRS section 690.030, relating to life insurance policy forms, by extending the requirement of prior filing and approval to applications, riders and endorsements; by excepting individual instructions for the distribution or reservation of benefits; by further specifying the grounds for disapproval; by providing for withdrawal of approval; and by specifying the manner of reviewing objections; to amend NRS sections 690.130, 690.135, 690.140 and 690.160, relating to group life insurance, by broadening the category of employers and labor unions permitted to establish trust funds; by requiring substantial control by the principal as the test of eligibility of a subsidiary employer for participation; by removing the prohibition against specific contributions by the insured to an employers fund; by requiring coverage of a minimum number of persons per employer unit and removing restrictions on employers association funds; by adding NRS section 690.133 to the list of sections under which dependent coverage is limited; and by broadening the limitation on the amount of group life insurance which replaces other life insurance; and providing other matters properly relating thereto.
[Approved April 13, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 690.030 is hereby amended to read as follows:
690.030 1. [A policy of life insurance shall not be issued or delivered in this state until the form of the same has been filed with the commissioner, nor 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. Such action of the commissioner shall be subject to review by a court of competent jurisdiction.
2.] No policy of life insurance, industrial life insurance or group life insurance, and no annuity or pure endowment contract or group annuity contract may be delivered or issued for delivery in this state unless a copy of such policy or contract has been filed with the commissioner. No application form may be used with, and no rider and no endorsement, except as stated in subsection 2, 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 insurance policy or group annuity contract unless the form of such certificate has been filed with the commissioner. No policies or contracts may be delivered or issued for delivery in this state and no applications, riders, endorsements or certificates may be used in connection with such insurance contracts unless approved by the commissioner as conforming to the requirements of the laws of this state and not inconsistent therewith.
2. The provisions of this section do not apply to any special rider or endorsement on any such policy, certificate or contract, which relates only to the manner of distribution of benefits or to the reservation of rights and benefits under such policy, certificate or contract and which is used at the request of the individual policyholder, contract holder or certificate holder.
κ1965 Statutes of Nevada, Page 1233 (CHAPTER 455, AB 450)κ
is used at the request of the individual policyholder, contract holder or certificate holder.
3. The commissioner may disapprove any such policy or contract, application rider, endorsement or certificate if he finds that it contains any provisions or has any title, heading, backing or other indication of the contents of any or all of its provisions, which is likely to mislead the policyholder, contract holder or certificate holder or be prejudicial to their interests.
4. Every filing required to be made under this section shall be made not less than 30 days in advance of any delivery to a policyholder, contract holder or certificate holder. At the expiration of such 30 days, the form so filed shall be deemed approved unless prior thereto 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 expiration of the initial 30-day period. At the expiration of any such period so extended and in the absence of any prior affirmative approval or disapproval, any such form shall be deemed approved.
5. 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, but such date may be extended by a showing of good cause.
6. Notwithstanding any other provision of this Title, no life insurance policy, other than group insurance, shall hereafter be delivered or issued in this state:
(a) Which does not constitute the entire contract between the parties and which does not provide in the contract the amount and manner of payment of benefits and the consideration therefor; and
(b) Which contains a provision for the segregation of policyholders into mathematical groups and providing benefits for a surviving policyholder, or policyholders, of a group arising out of the death of another policyholder, or policyholders, of such group, or any other similar provisions; and
(c) Which contains a provision providing benefits or values for surviving or continuing policyholders contingent upon the lapse or termination of other policyholders, whether by death or otherwise; and
(d) Which contains a provision that on the death of anyone not specifically named therein, the owner or beneficiary of the policy shall receive the payment or granting of anything of value.
7. 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. NRS 690.130 is hereby amended to read as follows:
690.130 A policy may be issued to the trustees of a fund established [in this state] by two or more employers in the same industry, [provided a majority of the employees to be insured of each employer are located within this state,] or in related industries, or by one or more labor unions, or [to the trustees of a fund established] by one or more employers [in the same industry] and one or more labor unions, [or by one or more employers and one or more labor unions whose members are in the same or related occupations or trades,] which trustees shall be deemed the policyholder, to insure employees of the employers or members of the unions for the benefit of persons other than the employers or the unions, subject to the following requirements:
κ1965 Statutes of Nevada, Page 1234 (CHAPTER 455, AB 450)κ
are located within this state,] or in related industries, or by one or more labor unions, or [to the trustees of a fund established] by one or more employers [in the same industry] and one or more labor unions, [or by one or more employers and one or more labor unions whose members are in the same or related occupations or trades,] which trustees shall be deemed the policyholder, to insure employees of the employers or members of the unions for the benefit of persons other than the employers or the unions, subject to the following requirements:
1. No policy may be issued to insure employees of any employer whose eligibility to participate in the fund as an employer arises out of considerations directly related to the employers being a commercial correspondent or business client or patron of another employer, except where such other employer exercises substantial control over the business operations of the participating employers.
2. The persons eligible for insurance shall be all of the employees of the employers or all of the members of the unions, or all of any class or classes thereof determined by conditions pertaining to their employment, or to membership in the unions, or to both. The policy may provide that the term employees shall include:
(a) Retired employees, and the individual proprietor or partners if an employer is an individual proprietor or a partnership.
(b) The trustees or their employees, or both, if their duties are principally connected with such trusteeship.
No director of a corporate employer shall be eligible for insurance under the policy unless such person is otherwise eligible as a bona fide employee of the corporation by performing services other than the usual duties of a director. No individual proprietor or partner shall be eligible for insurance under the policy unless he is actively engaged in and devotes a substantial part of his time to the conduct of the business of the proprietor or partnership.
[2.] 3. The premium for the policy shall be paid by the trustees wholly from funds contributed by the employer or employers of the insured persons, or by the union or unions, or by both, or [, except in the case of a policy issued to the trustees of a fund established wholly by two or more employers,] partly from such funds and partly from funds contributed by the insured persons. No policy may be issued [to the trustees of the fund established wholly by two or more employers] on which [any part of the] the entire premium is to be derived from funds contributed by the insured person specifically for their insurance. A policy on which part of the premium is to be derived from funds contributed by the insured persons specifically for their insurance may be placed in force only if at least 75 percent of the then eligible persons, excluding any as to whom evidence of insurability is not satisfactory to the insurer, elect to make the required contributions. A policy on which no part of the premium is to be derived from funds contributed by the insured persons specifically for their insurance must insure all eligible persons, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.
κ1965 Statutes of Nevada, Page 1235 (CHAPTER 455, AB 450)κ
[3.] 4. The policy must cover at the date of issue at least 25 persons [, and if the fund is established by the members of an association of employers the policy may be issued only if:
(a) Either the participating employers constitute at the date of issue at least 60 percent of those employer-members whose employees are not already covered for group life insurance, or the total number of persons covered at date of issue exceeds 600; and
(b) The policy shall not require that if a participating employer discontinues membership in the association the insurance of his employees shall cease solely by reason of such discontinuance.
4.] ; and it must cover an average of not less than three persons per employer unit unless the policy is issued to the trustees of a fund established by employers which have assumed obligations through a collective bargaining agreement and are participating in the fund either pursuant to those obligations with regard to one or more classes of their employees which are encompassed in the collective bargaining agreement or as a method of providing insurance benefits for other classes of their employees, or unless the policy is issued to the trustees of a fund established by one or more labor unions.
5. The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the insured persons or by the policyholder, employers or unions.
Sec. 3. NRS 690.135 is hereby amended to read as follows:
690.135 In policies issued under NRS 690.100, 690.120, [and] 690.130 [,] and 690.133, coverage not to exceed $1,000 may be provided for dependents.
Sec. 4. NRS 690.140 is hereby amended to read as follows:
690.140 No policy of group life insurance may be issued to an employer, or to a labor union, or to an association, or to the trustees of a fund established in whole or in part by an employer or a labor union [,] or an association, which provides term insurance on any person which, together with any other term insurance under any group life insurance policy or policies issued to the employer or employers of such person or to a labor union or labor unions of which such person is a member or to an association or associations of which such person is a member or to the trustees of a fund or funds established in whole or in part by such employer or employers or such labor union or labor unions [,] or such association or associations, exceeds $20,000, unless 150 percent of the annual compensation of such person from his employer or employers or from his business or profession exceeds $20,000, in which event all such term insurance shall not exceed $40,000 or 150 percent of such annual compensation, whichever is the lesser.
Sec. 5. NRS 690.160 is hereby amended to read as follows:
690.160 As provided in NRS 690.150, no policy of group life insurance shall be delivered in this state unless it contains in substance the following provisions or provisions which, in the opinion of the commissioner, are more favorable to the persons insured, or at least as favorable to the persons insured and more favorable to the policyholder:
1. A provision that the policyholder is entitled to a grace period of 31 days for the payment of any premium due except the first, during which grace period the death benefit coverage shall continue in force, unless the policyholder shall have given the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy.
κ1965 Statutes of Nevada, Page 1236 (CHAPTER 455, AB 450)κ
31 days for the payment of any premium due except the first, during which grace period the death benefit coverage shall continue in force, unless the policyholder shall have given the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy. The policy may provide that the policyholder shall be liable to the insurer for the payment of a pro rata premium for the time the policy was in force during such grace period.
2. The provision that the validity of the policy shall not be contested, except for nonpayment of premiums, after it has been in force for 2 years from its date of issue; and that no statement made by any person insured under the policy relating to his insurability shall be used in contesting the validity of the insurance with respect to which such statement was made after such insurance has been in force prior to the contest for a period of 2 years during such persons lifetime nor unless it is contained in a written instrument signed by him.
3. A provision that a copy of the application, if any, of the policyholder shall be attached to the policy when issued, that all statements made by the policyholder or by the persons insured shall be deemed representations and not warranties, and that no statement made by any person insured shall be used in any contest unless a copy of the instrument containing the statement is or has been furnished to such person or his beneficiary.
4. A provision setting forth the conditions, if any, under which the insurer reserves the right to require a person eligible for insurance to furnish evidence of individual insurability satisfactory to the insurer as a condition to part or all of his coverage.
5. A provision specifying an equitable adjustment of premiums or of benefits or of both to be made in the event the age of a person insured has been misstated, such provision to contain a clear statement of the method of adjustment to be used.
6. A provision that any sum becoming due by reason of the death of the person insured shall be payable to the beneficiary designated by the person insured, subject to the provisions of the policy in the event there is no designated beneficiary, as to all or any part of such sum, living at the death of the person insured, and subject to any right reserved by the insurer in the policy and set forth in the certificate to pay at its option a part of such sum not exceeding $500 to any person appearing to the insurer equitably to be entitled thereto by reason of having incurred funeral or other expenses incident to the last illness or death of the person insured.
7. A provision that the insurer will issue to the policyholder for delivery to each person insured an individual certificate setting forth a statement as to the insurance protection to which he is entitled, to whom the insurance benefits are payable, and the rights and conditions set forth in subsections 8, 9, and 10.
8. A provision that if the insurance, or any portion of it, on a person covered under the policy ceases because of termination of employment or of membership in the class or classes eligible for coverage under the policy, such person shall be entitled to have issued to him