2005 Nevada Revised Statutes - Chapter 266 — General Law for Incorporation of Cities and Towns

CHAPTER 266 - GENERAL LAW FOR INCORPORATIONOF CITIES AND TOWNS

GENERAL PROVISIONS

NRS 266.005 Inapplicabilityto certain cities.

NRS 266.007 Specialelection may be held upon determination by city council that emergency exists.

NRS 266.010 Homerule granted; limitations.

NRS 266.015 Municipalgovernment vested in mayor and city council.

ORGANIZATION

NRS 266.016 Definitions.

NRS 266.017 Areasuitable for incorporation.

NRS 266.018 Noticeto organize incorporated city: Filing; contents.

NRS 266.019 Petitionfor incorporation: Contents; form.

NRS 266.021 Petitionfor incorporation: Information; affidavits.

NRS 266.022 Petitionfor incorporation: Invalidation of signatures; number of signatures; filing.

NRS 266.023 Verificationof signatures; request to remove name from petition.

NRS 266.024 Amendmentof petition; verification of additional signatures.

NRS 266.026 Determinationof sufficiency of petition; review by board of county commissioners.

NRS 266.0261 Requestfor report from Committee on Local Government Finance; submission of copies ofpetition to planning agencies, local governments and Department of Taxation.

NRS 266.0262 Reviewof petition by planning agencies and local governments.

NRS 266.0263 Estimatedfiscal effect of incorporation: Statement by Department of Taxation; review ofstatement by Committee on Local Government Finance.

NRS 266.0264 Determinationby Committee on Local Government Finance that proposed area is unsuitable forincorporation.

NRS 266.0265 Judicialreview of determination that proposed area is unsuitable for incorporation.

NRS 266.027 Publichearing on petition and report of Committee on Local Government Finance.

NRS 266.028 Recordof public hearing; testimony at hearing; additional hearings.

NRS 266.0285 Factorsfor consideration in determining advisability of incorporation and feasibilityof proposed city.

NRS 266.029 Opinionof board of county commissioners on advisability of incorporation andfeasibility of proposed city; election required.

NRS 266.031 Withdrawalof petition.

NRS 266.032 Formand contents of ballot.

NRS 266.0325 Sampleballot: Mailing; form and contents; notice concerning availability of ballotsin large type.

NRS 266.033 Canvassof votes; notice of results.

NRS 266.0335 Preparationof legal description of incorporated city.

NRS 266.034 Liabilityfor costs of incorporation.

NRS 266.036 Electionof officers of city; notice.

NRS 266.037 Limitationson circulation of petition for incorporation.

NRS 266.038 Candidatefor elective office of newly created city.

NRS 266.039 Articlesof incorporation.

NRS 266.041 Powersof elected officers before incorporation becomes effective.

NRS 266.042 Effectivedate of incorporation; presumption of incorporation.

NRS 266.043 Countyentitled to receive taxes from city between notice of results of election andeffective date of incorporation; special districts within city continue toexist.

NRS 266.044 Apportionmentof countys fixed assets located within city.

NRS 266.0445 Assessmentand taxation of certain property to pay for indebtedness of county.

NRS 266.045 Bondsof first elected officers.

NRS 266.050 Speciallychartered city may surrender charter and become organized under this chapter:Procedure.

POPULATION CATEGORIES; JUDICIAL NOTICE; VESTED RIGHTS; CONTINUATIONOF ORDINANCES, RESOLUTIONS AND OFFICERS; GENERAL POWERS

NRS 266.055 Categorizationof cities by population.

NRS 266.060 Attainmentof higher population category; proclamation of Governor.

NRS 266.066 Judicialproceedings: Judicial notice of change in population category and organizationof city and ordinances, rules, resolutions and regulations of city council;pleading and proof.

NRS 266.070 Vestedrights on incorporation or change in population category; remedies.

NRS 266.075 Existingordinances and resolutions remain effective on organization or change inpopulation category; no alteration in legal identity.

NRS 266.080 Officerscontinue in office on organization or change in population category; terms ofofficers elected on organization.

NRS 266.085 Cityis municipal corporation; name; general powers.

WARDS

NRS 266.095 Number;population and form; division of city by county commissioners duringincorporation; change of boundaries.

ORDINANCES AND RESOLUTIONS

NRS 266.105 Powerof city council to pass ordinances, resolutions and orders and provide fines orpenalties for enforcement of ordinances.

NRS 266.110 Enactmentof ordinance: Subject; title.

NRS 266.115 Enactmentof ordinance: Style; introduction and notice; final action; publication.

NRS 266.118 Ordinancerelating to criminal offense: City clerk to mail copy to court administrator.

THE MAYOR

NRS 266.165 Chiefexecutive is mayor.

NRS 266.170 Qualifications.

NRS 266.175 Election.

NRS 266.180 Vacancyfilled by city council.

NRS 266.185 Mayorpro tem.

NRS 266.190 Generalduties.

NRS 266.200 Mayoris presiding officer of city council; vote; veto; approval of contracts,resolutions and ordinances.

CITY COUNCIL

NRS 266.215 Qualificationsof city councilmen.

NRS 266.220 Electionand number of councilmen.

NRS 266.225 Vacancyin office of councilman filled by mayor and council; exception.

NRS 266.230 Limitationon councilmans appointment to office created or which had salary increasedwhile he was member of council.

NRS 266.235 Quorum.

NRS 266.240 Rules;punishment or expulsion of members.

NRS 266.245 Meetings:Frequency, time and place of holding; compliance with Open Meeting Law.

NRS 266.250 Meetingsto be public; minutes; audio recordings or transcripts; required recordedvotes; affirmative vote of majority of all members required to pass ordinancesand certain propositions.

NRS 266.255 Defermentof final action on committees report.

POWERS OF CITY COUNCIL

NRS 266.260 Mannerand details for exercise of powers of city council may be provided byordinance.

NRS 266.261 Publicworks: General powers of city council.

NRS 266.263 Publicworks: Citys powers subordinate to powers of regional planning agency.

NRS 266.265 Citysproperty: General powers of city council; exceptions.

NRS 266.267 Requirementsfor sale or lease of real property owned by city.

NRS 266.270 Condemnationof property for public uses.

NRS 266.275 Streets,sidewalks, parks and public grounds.

NRS 266.277 Trafficand parking.

NRS 266.280 Parkingmeters; off-street facilities for public parking.

NRS 266.285 Provisionof utilities.

NRS 266.290 Acquisitionor establishment of municipal utility: Procedure.

NRS 266.295 Railroadsand railways.

NRS 266.300 Franchisesfor certain public purposes.

NRS 266.310 Firedepartment; arson investigators; storage of hazardous material; fire code.

NRS 266.316 Acquisition,maintenance and abolishment of cemeteries.

NRS 266.321 Policeordinances: Enactment and enforcement; penalty for violation of state law.

NRS 266.323 Employmentof security officers.

NRS 266.325 Controlof animals and poultry; collection of fee.

NRS 266.330 Publichealth.

NRS 266.335 Nuisances:Abatement, prevention and removal; costs as lien.

SURCHARGE FOR ENHANCEMENT OF TELEPHONE SYSTEM USED FORREPORTING EMERGENCY

NRS 266.342 Trunkline defined.

NRS 266.344 Impositionin certain cities; master plan required; amount; collection; penalties fordelinquent payment.

NRS 266.346 Establishmentof advisory committee to develop plan to enhance telephone system for reportingemergency; creation of special revenue fund; use of money in fund.

NRS 266.348 Recoveringcost of collection.

LICENSING AND REGULATION OF PROFESSIONS, TRADES AND BUSINESSES

NRS 266.355 Powerof city council to regulate and license.

NRS 266.358 Paymentof child support: Statement by applicant for license, permit or certificate;grounds for denial of license, permit or certificate; duty of city council.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 266.362 Suspensionof license, certificate or permit for failure to pay child support or complywith certain subpoenas or warrants; reinstatement of license, certificate orpermit. [Expires by limitation on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 266.368 Applicationfor license, permit or certificate must include social security number ofapplicant. [Expires by limitation on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

SALES AND LEASES OF CITY-OWNED ELECTRIC LIGHT AND POWERSYSTEMS

NRS 266.386 Resolutionproposing sale or lease of system; election required.

NRS 266.3861 Appointmentof appraisers.

NRS 266.3862 Negotiationwith qualified lessees.

NRS 266.3863 Measureand explanation to be drafted by city attorney.

NRS 266.3864 Registrationof voters for special election; notice; office hours of county clerk.

NRS 266.3865 Noticeof special election: Publication; contents.

NRS 266.3866 Powersand duties of county clerk at special election; costs of special election.

NRS 266.3867 Saleof system: Advertisement; sealed bids.

OFFICERS GENERALLY

NRS 266.390 Officersand offices: General powers of council.

NRS 266.395 Appointmentof officers by mayor.

NRS 266.400 Eligibilityfor office; power of city council to adopt requirements concerning residency.

NRS 266.405 Electionor appointment of certain city officers; consolidation of offices of city clerkand city treasurer.

NRS 266.410 Officersof cities of population categories one and two to hold only one office;exception.

NRS 266.415 Appointedofficers serve at pleasure of mayor and city council; removal by city council;veto by mayor.

NRS 266.420 Oathand bond.

NRS 266.425 Bondsfiled with clerk; council may require additional bonds.

NRS 266.430 Nonfeasance,misfeasance or malfeasance; penalty.

NRS 266.435 Deliveryof property to successor; liability.

NRS 266.450 Compensation;restrictions on increase or decrease.

NRS 266.455 Deputies:Appointment; powers; compensation.

NRS 266.460 Dutiesof officers may be defined by ordinance.

CITY ATTORNEY

NRS 266.465 Qualifications.

NRS 266.470 Duties.

NRS 266.475 Employmentof counsel to assist city attorney.

CITY CLERK

NRS 266.480 Duties.

CITY AUDITOR

NRS 266.490 Duties.

CITY TREASURER

NRS 266.500 Duties.

NRS 266.505 Paymentof warrants.

NRS 266.510 Receiptfor payment.

NRS 266.515 Depositof citys money in bank, credit union or savings and loan association.

NRS 266.520 Treasurersreport: Contents.

NRS 266.525 Moneyfrom special assessment kept as special fund; restrictions on use.

CHIEF OF POLICE

NRS 266.530 Appointment;duties.

MUNICIPAL COURT

NRS 266.550 Powersand jurisdiction: Same as Justice Court; trial summary and without jury;charging and collecting fees.

NRS 266.555 Jurisdiction.

NRS 266.565 Pleadings;practice.

NRS 266.570 Contempt.

NRS 266.585 Reportsand payments by municipal judge.

NRS 266.590 Finesand penalties: Commitment; recovery by execution; chain gang.

NRS 266.595 Appeals.

FINANCES, REVENUE AND TAXATION

NRS 266.600 Generalpowers of city council.

NRS 266.605 Levyand collection of taxes.

NRS 266.610 Apportionmentof money from road fund by county commissioners.

NRS 266.615 Ordinancesto carry out revenue laws.

NRS 266.620 Paymentof fines, forfeitures and other money into city treasury.

PUBLIC IMPROVEMENTS AND REPAIRS

NRS 266.660 Costsof municipal capital improvements to be paid from proper fund, includingproceeds from bonds.

DISINCORPORATION

NRS 266.775 Petitionfor disincorporation; publication of notice by district court; question to besubmitted to voters at next city election; determination of registered voters.

NRS 266.780 Judgmentof disincorporation.

NRS 266.785 Creationof unincorporated town on disincorporation: Procedure.

NRS 266.790 Procedurefor completion of unfinished business of court.

NRS 266.795 Judgmentdisincorporating city: Duties of clerk of district court; delivery of copies;notice of entry; limitation of actions.

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GENERAL PROVISIONS

NRS 266.005 Inapplicabilityto certain cities. Except as otherwise providedin a citys charter, the provisions of this chapter shall not be applicable toincorporated cities in the State of Nevada organized and existing under theprovisions of any special legislative act or special charter enacted or grantedpursuant to the provisions of Section 1 of Article VIII of the Constitution ofthe State of Nevada.

(Added to NRS by 1957, 253; A 1989, 967)

NRS 266.007 Specialelection may be held upon determination by city council that emergency exists.

1. For the purposes of NRS 266.290 and 266.386, a special election may be held onlyif the city council determines, by a unanimous vote, that an emergency exists.

2. The determination made by the city council isconclusive unless it is shown that the city council acted with fraud or a grossabuse of discretion. An action to challenge the determination made by the citycouncil must be commenced within 15 days after the city councils determinationis final.

3. As used in this section, emergency means anyunexpected occurrence or combination of occurrences which requires immediate actionby the city council to prevent or mitigate a substantial financial loss to thecity or to enable the city council to provide an essential service to theresidents of the city.

(Added to NRS by 1993, 1039)

NRS 266.010 Homerule granted; limitations. Subject to theright of the Legislature to create or alter the form of municipal organizationby special act or charter, the right of home rule and self-government is herebygranted to the people of any city incorporated under the provisions of this chapter.

[1:125:1907; RL 767; NCL 1100](NRS A 1965, 408;1987, 1706)

NRS 266.015 Municipalgovernment vested in mayor and city council. Themunicipal government of all incorporated cities under this chapter is herebyvested in a mayor and a city council.

[Part 15:125:1907; RL 781; NCL 1114]

ORGANIZATION

NRS 266.016 Definitions. As used in NRS 266.016to 266.0445, inclusive, unless thecontext otherwise requires:

1. Qualified elector means a person who isregistered to vote in this state and is a resident of the area to be includedin the proposed city, as shown by the last official registration lists.

2. A petition is sufficient if the county clerk:

(a) Verifies the signatures and addresses of thesigners of the petition with the voting list maintained by the county registrarof voters;

(b) Certifies that the number of valid signaturesrepresents the percentage of the total number of qualified electors in the areaproposed to be incorporated that is required; and

(c) Determines that the petition for incorporationincludes the information required pursuant to NRS266.019.

3. Urban in character means an area that is usedintensively for residential, commercial, industrial, institutional, urbanrecreational or governmental purposes, or as conservation park lands, and thatis susceptible to services offered by a city.

4. A lot or parcel is used for residential purposesif it is 5 acres or less in area and improved with a habitable dwelling unit ofa permanent nature.

(Added to NRS by 1987, 1700; A 1989, 234)

NRS 266.017 Areasuitable for incorporation. The area to beincluded in a city proposed to be incorporated pursuant to NRS 266.016 to 266.0445, inclusive, must:

1. Be currently used or suitable for residential,commercial, industrial or governmental purposes.

2. Be contiguous and urban in character, and includeall contiguous area used for residential purposes.

3. In a county whose population is 100,000 or more,have an average population density which is:

(a) Not less than four persons per acre if the proposedcity is within 7 miles of the county seat; or

(b) At least equal to the density of any city that iswithin 7 miles of the proposed boundaries, if the proposed city is not within 7miles of the county seat.

If the areaproposed to be included in the city is more than 7 miles away from the countyseat and more than 7 miles away from any existing city, there is no requirementconcerning density of population.

4. Not include any portion of a parcel of privatelyowned real property that has not been subdivided and is 100 acres or more inarea without the written consent of the owner.

5. Not include any area within the boundaries of anexisting incorporated city.

6. If the area of a city proposed to be incorporatedis located in a county whose population is 100,000 or more and includes thearea of any unincorporated town, include the entire area of the unincorporatedtown.

(Added to NRS by 1987, 1700; A 1989, 235; 1999, 880)

NRS 266.018 Noticeto organize incorporated city: Filing; contents.

1. If a committee of five qualified electors wishes toorganize an incorporated city, it may file a notice to incorporate with thecounty clerk of the county in which the city proposed to be incorporated islocated.

2. The notice to incorporate must include:

(a) A copy of the petition for incorporation which willbe circulated; and

(b) An affidavit signed by each member of thecommittee.

3. The affidavit must include:

(a) A statement that the committee will be responsiblefor circulating and filing the petition with the county clerk;

(b) The names and addresses of the members of the committee;and

(c) The address to which written notices relating tothe incorporation must be sent.

(Added to NRS by 1987, 1700)

NRS 266.019 Petitionfor incorporation: Contents; form.

1. The petition for incorporation must include thefollowing information concerning the area proposed to be incorporated:

(a) A description of the area prepared by aprofessional land surveyor licensed pursuant to chapter625 of NRS, which need not be made from a current survey nor containcourses and distances measured from fixed points, but may be based uponassessors parcel maps, existing boundaries of subdivision or parcel maps,visible ground features, extensions of the visible ground features, or by any boundarythat coincides with the official boundary of the state, a county, a city, atownship, a section or any combination thereof.

(b) The proposed name of the city.

(c) The total acreage of the area.

(d) The number of persons who reside in the area.

(e) The number of owners of record of real propertywithin the area.

(f) A statement that the area meets the requirements ofNRS 266.017.

(g) A statement of the committees plans for providingpolice and fire protection, maintaining the streets, providing water and sewerservices, collecting the garbage and providing administrative services in theproposed city, with an estimate of the costs and sources of revenue.

(h) A map or plat of the area which is prepared fromthe description required by paragraph (a) and that shows the existing dedicatedstreets, sewer interceptors and outfalls and their proposed extensions.

2. The petition must be substantially in the followingform:

 

PETITIONFOR INCORPORATION

 

To the Board of CountyCommissioners of ................ County, Nevada:

We, the undersigned qualifiedelectors of the State of Nevada respectfully petition the board of countycommissioners to submit a proposal to incorporate as a city certainunincorporated contiguous area located within ................ County namely,......................... (describe area to be incorporated), to the qualifiedelectors who reside within the area to be incorporated, for their approval ordisapproval at a special election to be held for that purpose.

Each signer of this petitionstates:

1. I have personally signedthis petition as a qualified elector of this state; and

2. I have correctly statedon this petition my residence, mailing address and the date of my signature.

 

(Added to NRS by 1987, 1701; A 1989, 235; 1997, 1062)

NRS 266.021 Petitionfor incorporation: Information; affidavits.

1. The petition may consist of more than one document.Each document must:

(a) Be uniform in size and form;

(b) Have affixed to it when filed, an affidavit signedby the person who circulated the petition which attests that:

(1) He personally circulated the document;

(2) Each signature contained in the document wassigned in his presence and is genuine to the best of his knowledge and belief;and

(3) Each signer had an opportunity before signingto examine the document and the information which is required to be attached tothe document pursuant to subsection 1 of NRS266.019.

2. Each document of the petition must have affixed toit the information described in subsection 1 of NRS 266.019.

(Added to NRS by 1987, 1701)

NRS 266.022 Petitionfor incorporation: Invalidation of signatures; number of signatures; filing.

1. The county clerk shall invalidate the signature ofany qualified elector if the signature is not signed in ink and dated or if thesignature is executed before the notice to incorporate and the petition forincorporation are filed with the county clerk pursuant to NRS 266.018. The county clerk shall notinvalidate a signature because it does not correspond exactly to the signatureon the registrar of voters register if he is able to determine the identity ofthe signer from the signature on the petition.

2. A petition for incorporation must contain a numberof signatures equal to at least one-third of the qualified electors within theboundaries of the city proposed to be incorporated.

3. The petition containing the required number ofsignatures must be filed with the county clerk within 90 days after the noticeto incorporate is filed pursuant to NRS266.018.

(Added to NRS by 1987, 1701)

NRS 266.023 Verificationof signatures; request to remove name from petition.

1. Within 30 days after the petition is filed pursuantto NRS 266.022, the county clerk shallverify the signatures and issue a certificate as to the sufficiency of thepetition and send a copy of the certificate by registered or certified mail tothe committee. If the petition is insufficient, the county clerk shall includein the certificate the reasons for the insufficiency of the petition.

2. A person who signs the petition may request thathis name be removed from the petition by submitting to the county clerk awritten request therefor under penalty of perjury not later than 15 days afterthe petition for incorporation is filed pursuant to NRS 266.022.

(Added to NRS by 1987, 1702)

NRS 266.024 Amendmentof petition; verification of additional signatures.

1. A petition which lacks the required number ofsignatures may be amended once if the committee files a notice to amend withthe county clerk within 2 days after it receives written notice from the countyclerk pursuant to NRS 266.023. Thecommittee must file with the county clerk an amended petition containing theadditional required signatures within 8 days after it files a notice to amend.An amended petition must comply with the requirements of the petition asoriginally filed.

2. Within 10 days after the amended petition is filed,the county clerk shall verify the signatures and send a copy of the certificateby registered or certified mail to the committee.

(Added to NRS by 1987, 1702)

NRS 266.026 Determinationof sufficiency of petition; review by board of county commissioners.

1. The county clerk shall promptly file with the boardof county commissioners the certificate for:

(a) A petition or amended petition which he determinesis sufficient; and

(b) A petition or amended petition which he determinesis insufficient if a notice to amend or a notice to review is not timely filedby the committee.

Thesufficiency of the petition as certified by the county clerk shall be deemed afinal determination of the board.

2. The committee may, within 2 days after it receiveswritten notice from the county clerk that the petition or amended petition isinsufficient, file a notice to review with the board of county commissioners.The board shall determine the sufficiency of the petition within 30 days afterit receives the notice to review. The decision of the board is a finaldetermination for the purposes of judicial review.

(Added to NRS by 1987, 1702)

NRS 266.0261 Requestfor report from Committee on Local Government Finance; submission of copies ofpetition to planning agencies, local governments and Department of Taxation. Upon receipt of a petition that has been certified assufficient by the county clerk, the board of county commissioners shall:

1. Within 30 days request a report on the advisabilityof incorporation and the feasibility of the proposed city, including, but notlimited to, the factors set forth in NRS266.0285 and a determination of whether the requirements set forth in NRS 266.017 have been satisfied, from theCommittee on Local Government Finance. The report must be in writing and bedelivered to the board of county commissioners not later than 90 days after thereport is requested, unless the Committee determines the requirements set forthin NRS 266.017 have not been satisfied.Upon receipt of the report, the board shall supply a copy of the report uponrequest to any person for the cost of reproduction.

2. Within 30 days transmit a copy of the petition tothe Executive Director of the Department of Taxation.

3. Transmit a copy of the petition to any state,county or regional planning commission or agency that exercises planningauthority over any part of the area proposed to be incorporated and to everyother local government within the county.

(Added to NRS by 1989, 231; A 1995, 146)

NRS 266.0262 Reviewof petition by planning agencies and local governments. A commission, agency or district that receives a petitionpursuant to subsection 3 of NRS 266.0261may:

1. Review the petition for the proposed incorporationconsidering:

(a) The operating charter or enabling laws of thecommission, agency or district;

(b) The factors set forth in NRS 266.0285; and

(c) Any other information in its possession.

2. Report its recommendations regarding the proposedincorporation to the board of county commissioners in writing, not later than60 days after it receives the petition.

(Added to NRS by 1989, 232)

NRS 266.0263 Estimatedfiscal effect of incorporation: Statement by Department of Taxation; review ofstatement by Committee on Local Government Finance.

1. The Department of Taxation shall prepare a concisestatement concerning the estimated fiscal effect of the incorporation on theresidents of the proposed city, including an estimated tax rate and an exampleof that tax rate applied for 1 year to a median-priced home in the area of theproposed city compared to an example of the present tax rate in the areaapplied for the same period to the same home.

2. Within 30 days after receipt of the petition fromthe board of county commissioners, the Department of Taxation shall file withthe Committee on Local Government Finance a statement of estimated fiscaleffect prepared pursuant to subsection 1, and any explanatory material andcalculations.

3. The Committee on Local Government Finance shall:

(a) Approve or revise and approve the statement ofestimated fiscal effect at a public meeting; and

(b) Transmit the statement to the county clerk within30 days after receipt of the statement from the Department of Taxation.

4. The statement of estimated fiscal effect preparedby the Department of Taxation must not affect any subsequent calculations madeby the Department if the city is incorporated.

(Added to NRS by 1989, 232; A 1995, 146)

NRS 266.0264 Determinationby Committee on Local Government Finance that proposed area is unsuitable forincorporation.

1. If the Committee on Local Government Financedetermines that a petition for incorporation does not satisfy the requirementsset forth in NRS 266.017, it shallnotify the board of county commissioners in writing.

2. After a determination by the Committee on LocalGovernment Finance that a petition does not satisfy the requirements of NRS 266.017, no further action on thepetition for incorporation may be taken unless the determination is reversed bya district court pursuant to NRS 266.0265.

(Added to NRS by 1989, 232; A 1995, 147)

NRS 266.0265 Judicialreview of determination that proposed area is unsuitable for incorporation. A qualified elector or any other person who has anownership interest in real property within the area proposed to beincorporated, and who is aggrieved by the determination of the Committee onLocal Government Finance pursuant to NRS266.0264 may appeal the determination to the district court within 30 daysafter the Committee notifies the board of county commissioners of thedetermination. The district court shall limit its review to the issuescontained within the record of the public hearing and in the determination. Thedistrict court may allow the record to be supplemented by additional evidenceconcerning those issues. The determination of the Committee on Local GovernmentFinance may be reversed only upon a showing that the determination is inviolation of constitutional or statutory provisions, is arbitrary or capriciousor involves an abuse of discretion. If the determination of the Committee onLocal Government Finance is reversed, the Committee shall complete its reportpursuant to NRS 266.0261 and theprocedure for incorporation must be continued as if the Committee on LocalGovernment Finance had not made its determination.

(Added to NRS by 1989, 234; A 1995, 147)

NRS 266.027 Publichearing on petition and report of Committee on Local Government Finance.

1. The board of county commissioners shall, within 14days after it receives the report requested pursuant to NRS 266.0261, designate a date, time andplace for a public hearing on the petition and the report.

2. The date of the public hearing must not be earlierthan 14 days nor later than 30 days after the date on which the date, time andplace of the public hearing was designated.

3. The board of county commissioners shall causenotice of the public hearing, including a copy of the petition withoutsignatures, to be published in a newspaper of general circulation within thecounty at least 7 days before the hearing is held. The board shall providenotice of the date, time and place set for the public hearing at least 7 daysbefore the hearing is held to the governing body of each city or town withinthe county.

(Added to NRS by 1987, 1702; A 1989, 236)

NRS 266.028 Recordof public hearing; testimony at hearing; additional hearings.

1. The board of county commissioners shall keep arecord of the hearing and include as part of the record the report requestedpursuant to NRS 266.0261 and any reportsubmitted by a commission, agency or district pursuant to NRS 266.0262.

2. The board of county commissioners shall allow anyinterested person to present oral or written testimony at the hearing. Theboard may invite representatives from state and local governments to presenttestimony.

3. The board may hold additional hearings but allhearings on the petition must be completed within 30 days after the initialhearing is held.

(Added to NRS by 1987, 1703; A 1989, 237)

NRS 266.0285 Factorsfor consideration in determining advisability of incorporation and feasibilityof proposed city.

1. To determine the advisability of incorporation andthe feasibility of the proposed city, the board of county commissioners shallconsider the following factors with regard to the area proposed to beincorporated:

(a) Its population and, if the area is located in acounty whose population is 100,000 or more, the density of population;

(b) The land area, land uses, topography, naturalboundaries and drainage basin;

(c) The extent to which the area is devoted toagriculture, mineral production or other uses that may not require significantimprovements to the property;

(d) The extent of commercial and industrialdevelopment;

(e) The extent and age of residential development;

(f) The comparative size and assessed value ofsubdivided land and unsubdivided land;

(g) Current and potential issues concerningtransportation;

(h) Past expansion of population and construction;

(i) The likelihood of significant growth in the areaand in adjacent incorporated and unincorporated areas during the next 10 years;

(j) The present cost, method and adequacy of regulatorycontrols and governmental service, including, but not limited to, water andsewer service, fire rating and protection, police protection, improvement andmaintenance of streets, administrative services and recreational facilities inthe area and the future need for such services and controls;

(k) The present and projected revenues for the countyand the proposed city;

(l) The probable effect of incorporation on revenuesand services in the county and local governments in adjacent areas;

(m) The probable effect of the proposed incorporationand of any alternatives to incorporation on the social, economic andgovernmental structure of the affected county and adjacent areas;

(n) The probable effect of the proposed incorporationand of any alternatives to incorporation on the availability and requirement ofwater and other natural resources; and

(o) Any determination by a governmental agency that thearea is suitable for residential, commercial or industrial development, or thatthe area will be opened to private acquisition.

2. If the area proposed to be incorporated is within 5miles of an existing city, in addition to the factors listed in subsection 1,the board of county commissioners shall consider:

(a) The size and population of the existing city;

(b) Growth in population and commercial and industrialdevelopment in the existing city during the past 10 years;

(c) Any extension of the boundaries of the existingcity during the past 10 years;

(d) The probability of growth of the existing citytoward the area proposed to be incorporated in the next 10 years, consideringnatural barriers and other factors that might influence such growth; and

(e) The willingness of the existing city to annex thearea proposed for incorporation and to provide services to the area.

3. The board of county commissioners shall alsoconsider:

(a) The recommendations of any commission, agency,district or member of the public who submits a written report;

(b) Testimony from any person who testifies at ahearing; and

(c) Existing petitions for annexation of any part ofthe area.

(Added to NRS by 1989, 233; A 1999, 881)

NRS 266.029 Opinionof board of county commissioners on advisability of incorporation andfeasibility of proposed city; election required.

1. Upon conclusion of the final hearing, the board ofcounty commissioners may take the matter under consideration and shall, within30 days after the conclusion of the hearing, issue an opinion, in writing,concerning the advisability of the incorporation and the feasibility of theproposed city.

2. The board shall designate a date on which theelection will be held. The date of the election must not be earlier than 60days nor later than 120 days after the board issues its opinion.

3. The board shall cause notice of the election to bepublished in a newspaper of general circulation within the county at least onceeach week for 3 consecutive weeks. The final publication of notice must bepublished before the day of the election.

4. The notice must include a copy of the petition, adescription of the area proposed to be incorporated, the statement of theestimated fiscal effect of the proposed incorporation prepared pursuant to NRS 266.0263, the location of the pollingplaces and the date and time of the election.

(Added to NRS by 1987, 1703; A 1989, 237)

NRS 266.031 Withdrawalof petition. A petition for incorporation maybe withdrawn at any time before the 30th day preceding the day of the electionheld pursuant to NRS 266.029 if a noticeof withdrawal signed by at least four members of the committee is filed withthe county clerk. Upon filing the notice of withdrawal, no further action maybe taken on the petition for incorporation.

(Added to NRS by 1987, 1703)

NRS 266.032 Formand contents of ballot. The ballots used forthe election held pursuant to NRS 266.029must:

1. Be in substantially the following form:

 

Shall the area described as .........................(describearea) be incorporated as the City of ................. (name of city)?

Yes ....................

No .....................

The voter shall mark the ballot byplacing a cross (x) next to the word yes or no.

 

2. Contain the statement of the estimated fiscal effectof the proposed incorporation prepared pursuant to NRS 266.0263.

3. Contain a copy of the map or plat that wassubmitted with the petition pursuant to NRS266.019 and depicts the existing streets, sewer interceptors and outfallsand their proposed extensions.

(Added to NRS by 1987, 1703; A 1989, 237)

NRS 266.0325 Sampleballot: Mailing; form and contents; notice concerning availability of ballotsin large type.

1. At least 10 days before an election held pursuantto NRS 266.029, the county clerk orregistrar of voters shall cause to be mailed to each qualified elector a sampleballot for his precinct with a notice informing the elector of the location ofhis polling place.

2. The sample ballot must:

(a) Be in the form required by NRS 266.032.

(b) Include the information required by NRS 266.032.

(c) Except as otherwise provided in subsection 3, beprinted in at least 12-point type.

(d) Describe the area proposed to be incorporated byassessors parcel maps, existing boundaries of subdivision or parcel maps,identifying visible ground features, extensions of the visible ground features,or by any boundary that coincides with the official boundary of the State, acounty, a city, a township, a section or any combination thereof.

(e) Contain a copy of the map or plat that wassubmitted with the petition pursuant to NRS266.019 and depicts the existing dedicated streets, sewer interceptors andoutfalls and their proposed extensions.

(f) Include on the front page, in a separate boxcreated by bold lines, a notice printed in at least 20-point bold type thatstates:

 

NOTICE: TO RECEIVE ASAMPLE BALLOT IN

LARGE TYPE, CALL(Insert appropriate telephone number)

 

3. A portion of a sample ballot that contains afacsimile of the display area of a voting device may include material in lessthan 12-point type to the extent necessary to make the facsimile fit on thepages of the sample ballot.

4. The sample ballot mailed to a person who requests asample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, mustbe printed in at least 14-point type, or larger when practicable.

5. If a person requests a sample ballot in large type,the county clerk shall ensure that all future sample ballots mailed to thatperson from the county are in large type.

(Added to NRS by 1989, 234; A 2001, 2003)

NRS 266.033 Canvassof votes; notice of results.

1. The board of county commissioners shall canvass thevotes in the same manner as votes are canvassed in a general election. Upon thecompletion of the canvass, the board shall immediately notify the county clerkof the result.

2. The county clerk shall immediately, upon receivingnotice of the canvass from the board of county commissioners, cause to bepublished a notice of the results of the election in a newspaper of generalcirculation in the county. If the incorporation is approved by the voters, thenotice must include the population category of the incorporated city, asdescribed in NRS 266.055. The countyclerk shall file a copy of the notice with the Secretary of State.

(Added to NRS by 1987, 1703; A 2001, 624)

NRS 266.0335 Preparationof legal description of incorporated city. Uponapproval of the incorporation by the voters, the board of county commissionersshall authorize a professional land surveyor licensed pursuant to chapter 625 of NRS to prepare a legal descriptionof the area of the incorporated city by metes and bounds and courses anddistances. The cost of the survey is a charge against the incorporated city.

(Added to NRS by 1989, 234; A 1997, 1063)

NRS 266.034 Liabilityfor costs of incorporation.

1. The costs incurred by the board of countycommissioners in carrying out the provisions relating to the incorporation,including the costs incurred in certifying the petition, publishing thenotices, requesting the report pursuant to NRS266.0261, conducting the public hearing and election, including the cost ofmailing the sample ballots, and any appeal pursuant to NRS 266.0265 are a charge against thecounty if the proposed incorporation is not submitted to the voters or theincorporation is disapproved by the voters, and a charge against theincorporated city if the incorporation is approved by the voters.

2. The costs incurred by the incorporators in carryingout the provisions relating to the incorporation, including the costs incurredin preparation of the petition for incorporation, preparation of thedescriptions and map of the area proposed to be incorporated and circulation ofthe petition are chargeable to the incorporated city if the incorporation isapproved by the voters.

(Added to NRS by 1987, 1704; A 1989, 238)

NRS 266.036 Electionof officers of city; notice.

1. Upon approval of the incorporation by the voters,the board of county commissioners shall designate a date on which an electionto elect the officers of the incorporated city will be held. The election mustbe held not less than 60 days nor more than 120 days after the electionconducted pursuant to NRS 266.029.

2. The county clerk shall publish or cause to bepublished notice of the election in a newspaper of general circulation in theincorporated city. The notice must be published once each week for 3consecutive weeks. If no newspaper of general circulation is published in thecity, the county clerk shall post the notice in at least five public places inthe city.

(Added to NRS by 1987, 1704)

NRS 266.037 Limitationson circulation of petition for incorporation. Apetition for incorporation must not be circulated for signatures or consideredby the board of county commissioners for 1 year after the date on which:

1. A final determination of its insufficiency is made;

2. An election is held in which the proposedincorporation of the area is rejected by the voters;

3. A notice of withdrawal of a petition is filed withthe county clerk pursuant to NRS 266.031;or

4. A final disposition is made on a petition forincorporation which was previously filed with the county clerk if that petitionincluded any area which is also included in the petition proposed to becirculated.

(Added to NRS by 1987, 1704)

NRS 266.038 Candidatefor elective office of newly created city. Aperson who wishes to become a candidate for an elective office of a newlycreated city must:

1. Reside within the boundaries of the newly createdcity; and

2. File a declaration of candidacy with the countyclerk not less than 30 days nor more than 90 days before the date of theelection.

(Added to NRS by 1987, 1704; A 1997, 3474)

NRS 266.039 Articlesof incorporation.

1. The mayor of the city shall file three copies ofthe articles of incorporation of the city with the Secretary of State.

2. The articles of incorporation must be signed andverified by the mayor and include the name of the city, a description of itslocation and its population category, as described in NRS 266.055.

3. The Secretary of State shall certify the articlesof incorporation upon receipt and send one copy to the county clerk of thecounty in which the city is located and one copy to the mayor of the city. TheSecretary of State shall retain a copy for his records and furnish a certifiedcopy to any person who requests a copy upon payment of a reasonable fee asdetermined by the Secretary of State.

(Added to NRS by 1987, 1704; A 2001, 625)

NRS 266.041 Powersof elected officers before incorporation becomes effective. Before the incorporation of the city becomes effective,the elected officers of the city may:

1. Prepare and adopt a budget;

2. Adopt ordinances, including an ordinance fixing thesalaries of the officers first elected or appointed for the city, includingthose officers who enact and sign the ordinance;

3. Levy a tax ad valorem on property within the areaof the city, at the time and in the amount prescribed by law for cities, forthe fiscal year beginning on the date the incorporation of the city becomeseffective;

4. Negotiate an equitable apportionment of the fixedassets of the county pursuant to NRS 266.044;

5. Negotiate contracts for the employment ofpersonnel;

6. Negotiate contracts to provide services for thecity, including those services provided for by chapter277 of NRS; and

7. Negotiate contracts for the purchase of equipment,materials and supplies.

(Added to NRS by 1987, 1705; A 2001, 701)

NRS 266.042 Effectivedate of incorporation; presumption of incorporation.

1. The incorporation of a city becomes effective:

(a) If the election held pursuant to NRS 266.036 is held on or before the 1stTuesday after the 1st Monday of November, on July 1 of the year next followingthe election; or

(b) If the election held pursuant to NRS 266.036 is held after the 1st Tuesdayafter the 1st Monday of November, 1 year after July 1 of the year nextfollowing the election.

2. A city which levies and collects a tax ad valoremon property for at least 2 years after its incorporation and whose existence asan incorporated city has not been challenged in the district court for thecounty in which the city is located, is conclusively presumed to be a lawfullyexisting incorporated city.

(Added to NRS by 1987, 1705)

NRS 266.043 Countyentitled to receive taxes from city between notice of results of election andeffective date of incorporation; special districts within city continue toexist.

1. During the period from the filing of the notice ofthe results of the election by the county clerk pursuant to NRS 266.033 until the date theincorporation of the city becomes effective, the county is entitled to receivethe taxes and other revenue from the incorporated city and shall continue toprovide services to the city.

2. Except as otherwise provided in NRS 318.492, all special districts, exceptfire protection districts, located within the boundaries of an incorporatedcity continue to exist within that city after the incorporation becomeseffective.

(Added to NRS by 1987, 1705; A 1989, 520)

NRS 266.044 Apportionmentof countys fixed assets located within city.

1. The governing body of the incorporated city and theboard of county commissioners of the county in which the incorporated city islocated shall, before the date the incorporation becomes effective or within 90days thereafter, equitably apportion those fixed assets of the county which arelocated within the boundaries of the incorporated city. The governing bodiesshall consider the location, use and types of assets in determining anequitable apportionment between the county and the incorporated city.

2. Any real property and its appurtenances locatedwithin the incorporated city and not required for the efficient operation ofthe countys duties must first be applied toward the citys share of the assetsof the county. Any real property which is required by the county for theefficient operation of its duties must not be transferred to the city.

3. If an agreement to apportion the assets of thecounty is not reached within 90 days after the incorporation of the city, thematter may be submitted to arbitration upon the motion of either party.

4. Any appeal of the arbitration award must be filedwith the district court within 30 days after the award is granted.

(Added to NRS by 1987, 1705)

NRS 266.0445 Assessmentand taxation of certain property to pay for indebtedness of county. Any property located within an incorporated city which wasassessed and taxed by the county before incorporation must continue to beassessed and taxed to pay for the indebtedness incurred by the county beforeincorporation.

(Added to NRS by 1987, 1706)

NRS 266.045 Bondsof first elected officers. Whenever theinhabitants of any territory become incorporated under this chapter, theofficers required by NRS 266.420 to givebonds shall do so in the penal sum of not less than $500, such bonds to remainin force until the passage of ordinances or resolutions by the city councilproviding for the giving of bonds by such officers.

[40:125:1907; RL 806; NCL 1141](NRS A 1971, 297)

NRS 266.050 Speciallychartered city may surrender charter and become organized under this chapter:Procedure. Any city now or hereafter organizedpursuant to a special charter may surrender that charter and become organizedpursuant to this chapter in the following manner:

1. Whenever a petition signed by 15 percent of thequalified electors of the city, as they appear from the registration list ofqualified electors at the last preceding city election for city officers, ispresented to the legislative body of that city, praying that the specialcharter may be surrendered, and that the city is to be organized pursuant tothe provisions of this chapter, the city council shall submit the question atthe next primary or general municipal election or primary or general stateelection.

2. If a majority of the votes cast at the election arefor city organization pursuant to this chapter, the city shall, on the date theresults of the election are declared, be deemed to have surrendered its charterand to be organized pursuant to this chapter.

[103:125:1907; RL 869; NCL 1204](NRS A 1971,297; 1987, 365; 1993, 1039)

POPULATION CATEGORIES; JUDICIAL NOTICE; VESTED RIGHTS;CONTINUATION OF ORDINANCES, RESOLUTIONS AND OFFICERS; GENERAL POWERS

NRS 266.055 Categorizationof cities by population. Municipal corporationsorganized pursuant to the provisions of this chapter must be divided into threepopulation categories:

1. Those cities having 50,000 or more inhabitants arecities of population category one.

2. Those cities having 5,000 or more but less than50,000 inhabitants are cities of population category two.

3. Those cities having less than 5,000 inhabitants arecities of population category three.

[7:125:1907; RL 773; NCL 1106](NRS A 2001, 625, 2702; 2003, 14)

NRS 266.060 Attainmentof higher population category; proclamation of Governor.

1. Whenever any city of population category twoattains the population of 50,000 or more, or any city of population categorythree attains the population of 5,000 or more, and that fact is ascertained:

(a) By actual census taken and certified to theGovernor by the mayor; or

(b) At the option of the city council, by the Governor,pursuant to NRS 360.285, for 2consecutive years,

the Governorshall declare, by public proclamation, that city to be of population categoryone or two, and the city thus changed is governed by the provisions of thischapter applicable to cities of the higher population category.

2. An authenticated copy of the Governorsproclamation must be filed in the Office of the Secretary of State.

[8:125:1907; RL 774; NCL 1107](NRS A 1985, 1172;2001, 625, 2702; 2003, 14)

NRS 266.066 Judicialproceedings: Judicial notice of change in population category and organizationof city and ordinances, rules, resolutions and regulations of city council;pleading and proof.

1. All courts of this state shall take judicial noticein all civil or criminal actions of:

(a) The change in population category and organizationof any city.

(b) All ordinances, rules, resolutions or otherregulations of the city council.

2. In all such actions, it is not necessary to pleadthe contents of any order, ordinance, rule, resolution or other regulation, butmay be proved prima facie by the introduction of the original entry or a copythereof certified by the clerk.

(Added to NRS by 1971, 296; A 2001, 625)

NRS 266.070 Vestedrights on incorporation or change in population category; remedies.

1. All rights and property of every kind which werevested in any municipal corporation under its former organization shall bedeemed to be vested in the same municipal corporation upon its becomingincorporated or changing population category pursuant to the provisions of thischapter. No rights or liabilities, either in favor of or against suchcorporation, existing at the time of becoming incorporated or changing populationcategory pursuant to this chapter, and no action or prosecution shall beaffected by the change, but the rights and liabilities, and any action or prosecution,must stand and progress as if no change had been made.

2. Whenever a different remedy is given by thischapter, which may properly be made applicable to any right existing at thetime of such city becoming incorporated or changing population categorypursuant to this chapter, the remedy shall be deemed cumulative to the remedybefore provided, and used accordingly.

[10:125:1907; RL 776; NCL 1109](NRS A 2001, 625)

NRS 266.075 Existingordinances and resolutions remain effective on organization or change inpopulation category; no alteration in legal identity.

1. All ordinances and resolutions in force in any citywhen the city becomes organized or changes its population category pursuant tothe provisions of this chapter must, if the ordinances and resolutions do notconflict with the provisions of this chapter, remain in effect until repealedor amended, notwithstanding such organization or change of population category.

2. Such organization or change of population categoryshall not be construed to alter the legal identity of the city.

[11:125:1907; RL 777; NCL 1110](NRS A 2001, 626)

NRS 266.080 Officerscontinue in office on organization or change in population category; terms ofofficers elected on organization.

1. When any city now existing under a special charteris organized under the provisions of this chapter, or by proclamation of theGovernor changes population category, the officers then in office continue tobe officers of the city:

(a) If the change in population category results in achange in the number of municipal wards in the city, until the next cityelection; or

(b) In all other cases, until the expiration of theirelected terms,

and untiltheir successors are elected and qualified.

2. When new territory is organized as a city, bypetition and election of officers, the officers first elected serve until thenext city election, and until their successors are elected and qualified.

[12:125:1907; RL 778; NCL 1111](NRS A 1987, 365;1989, 1164; 2001, 626)

NRS 266.085 Cityis municipal corporation; name; general powers.

1. Cities incorporated pursuant to this chapter:

(a) Are municipal corporations.

(b) Shall be known and designated by the name and styleadopted.

2. Under such name, cities may:

(a) Sue and be sued.

(b) Contract and be contracted with.

(c) Acquire and hold real and personal property forcorporate purposes.

(d) Have a common seal and change the same at pleasure.

(e) Have perpetual succession.

(f) Exercise all the powers conferred in this chapter.

[13:125:1907; RL 779; NCL 1112](NRS A 2001, 626)

WARDS

NRS 266.095 Number;population and form; division of city by county commissioners duringincorporation; change of boundaries.

1. In a city incorporated pursuant to this chapter,the city may be divided into wards by ordinance as follows:

(a) A city of population category one, into four or sixwards.

(b) A city of population category two or three, intothree or five wards.

2. The division of cities into wards must, during theincorporation thereof, be made by the board of county commissioners. The wardsmust as nearly as practicable be of equal population and in compact form.

3. Once established, the boundaries of wards must bechanged by ordinance of the city council.

4. Except as otherwise provided in NRS 293.209, the boundaries of the wards:

(a) Must be changed whenever the population, asdetermined by the last preceding national decennial census conducted by theBureau of the Census of the United States Department of Commerce, in any wardexceeds the population in any other ward by more than 5 percent.

(b) May be changed to include territory which has beenannexed, or whenever the population in any ward exceeds the population in anyother ward by more than 5 percent by any measure that is found to be reliableby the city council.

[14:125:1907; RL 780; NCL 1113](NRS A 1973, 34;1987, 1304; 1993, 53; 1995, 2064; 2001, 627; 2005, 225)

ORDINANCES AND RESOLUTIONS

NRS 266.105 Powerof city council to pass ordinances, resolutions and orders and provide fines orpenalties for enforcement of ordinances.

1. The city council may make and pass all ordinances,resolutions and orders, not repugnant to the Constitutions of the United Statesor of the State of Nevada or to the provisions of this chapter, necessary forthe municipal government and the management of the city affairs, for theexecution of all powers vested in the city, and for making effective theprovisions of this chapter.

2. The city council may provide for fines or penaltiesto enforce such ordinances, not to exceed those provided for by law formisdemeanors.

[Part 28:125:1907; RL 794; NCL 1128](NRS A 1971,297; 2001, 627)

NRS 266.110 Enactmentof ordinance: Subject; title.

1. No ordinance shall be passed except by bill, andwhen any ordinance is amended, the section or sections thereof shall bereenacted as amended.

2. Every ordinance, except those revising the cityordinances, shall embrace but one subject and matters necessarily connectedtherewith and pertaining thereto; and the subject shall be clearly indicated inthe title, and in all cases where the subject of the ordinance is not soexpressed in the title, the ordinance shall be void as to the matter notexpressed in the title.

[26:125:1907; RL 792; NCL 1126](NRS A 1971, 298)

NRS 266.115 Enactmentof ordinance: Style; introduction and notice; final action; publication.

1. The style of ordinances must be as follows: TheCity Council of the City of ......................... do ordain. All proposedordinances, when first proposed, must be read by title to the city council andmay be referred to a committee of any number of the members of the council forconsideration, after which an adequate number of copies of the ordinance mustbe deposited with the city clerk for public examination and distribution uponrequest. Notice of the deposit of the copies, together with an adequate summaryof the ordinance, must be published once in a newspaper published in the city,if any, otherwise in some newspaper published in the county which has a generalcirculation in the city, at least 10 days before the adoption of the ordinance.At any meeting at which final action on the ordinance is considered, at leastone copy of the ordinance must be available for public examination. The citycouncil shall adopt or reject the ordinance, or the ordinance as amended,within 30 days after the date of publication, except that in cases ofemergency, by unanimous consent of the whole council, final action may be takenimmediately or at a special meeting called for that purpose.

2. At the next regular or adjourned meeting of thecouncil following the proposal of an ordinance and its reference to committee,the committee shall report the ordinance back to the council, and thereafter itmust be read by title and summary or in full as first introduced, or ifamended, as amended, and thereupon the proposed ordinance must be finally votedupon or action on it postponed.

3. After final adoption the ordinance must be signedby the mayor, and, together with the votes cast on it, must be:

(a) Published by title, together with an adequatesummary including any amendments, once in a newspaper published in the city, ifany, otherwise in a newspaper published in the county and having a generalcirculation in the city; and

(b) Posted in full in the city hall.

Theordinance must go into effect 20 days after its publication, except emergencyordinances which may be effective immediately.

[27:125:1907; A 1955, 422](NRS A 1967, 382; 1971,298; 1979, 89; 1983, 364; 1987, 1050)

NRS 266.118 Ordinancerelating to criminal offense: City clerk to mail copy to court administrator. If the city council adopts, repeals or amends an ordinanceconcerning a criminal offense, the city clerk shall mail a copy of the ordinanceas adopted, repealed or amended to the court administrator.

(Added to NRS by 1991, 1557)

THE MAYOR

NRS 266.165 Chiefexecutive is mayor. The chief executive of acity shall be the mayor.

[Part 18:125:1907; RL 784; NCL 1117]

NRS 266.170 Qualifications. Mayors shall be qualified electors within their respectivecities and shall have been actually bona fide residents thereof for a period ofat least 1 year next preceding their election.

[Part 16:125:1907; RL 782; NCL 1115](NRS A 1977,201)

NRS 266.175 Election. Mayors shall be chosen by the qualified electors of theirrespective cities.

[Part 17:125:1907; RL 783; NCL 1116]

NRS 266.180 Vacancyfilled by city council. Any vacancy occurringin the office of mayor, by death, resignation, removal or otherwise, shall befilled by the city council at the first regular meeting after such vacancy,when the council shall by a majority vote elect some competent person who shallhold the office until the election of his successor at the next general cityelection, and his qualification.

[19 1/2:125:1907; added 1933, 7; 1931 NCL 1119.01]

NRS 266.185 Mayorpro tem.

1. During the absence or disability of the mayor:

(a) In a city of population category one that isdivided into wards, the councilman at large shall act as mayor pro tem.

(b) In all other cities incorporated pursuant to thischapter, the city council shall, by ordinance or resolution, provide for theappointment of one of its members as mayor pro tem.

2. During the absence or disability of the mayor, themayor pro tem shall:

(a) Possess the powers and duties of mayor; and

(b) Except in a city of population category one, holdthe office of mayor pro tem at the pleasure of the city council.

[Part 18:125:1907; RL 784; NCL 1117](NRS A 2001, 627)

NRS 266.190 Generalduties.

1. The mayor shall exercise a careful supervision overthe general affairs of the city.

2. In exercising his duty of supervision pursuant tosubsection 1, the mayor shall:

(a) From time to time, give the city council informationin writing relative to the state of the city, and recommend such measures as hemay deem beneficial to the city.

(b) See that all the general laws and ordinances of thecity are observed and enforced.

(c) Take all proper measures for the preservation ofpublic peace and order, and the suppression of riots, tumults and all forms ofpublic disturbances, for which purpose he may, if his city is not participatingin a metropolitan police department, appoint extra policemen temporarily anduse and command the police force. If his city is participating in ametropolitan police department, he may request law enforcement assistance fromthe sheriff. In either case, if local law enforcement forces are inadequate, heshall call upon the Governor for military aid in the manner provided by law.

(d) Sign all licenses and warrants and claims againstthe city.

(e) See that all contracts are fully kept andfaithfully performed, and, to that end and in any such case where necessary orproper to protect the interests of the city, shall cause legal proceedings tobe instituted or defended at the expense of the city.

(f) Perform such other duties as the city council shallprescribe by ordinance.

[Part 18:125:1907; RL 784; NCL 1117](NRS A 1973,925; 2001, 627)

NRS 266.200 Mayoris presiding officer of city council; vote; veto; approval of contracts,resolutions and ordinances.

1. The mayor:

(a) Shall preside over the city council when insession, and shall preserve order and decorum among the members and enforce therules of the city council and determine the order of business, subject to thoserules and appeal to the city council, or as provided by ordinance.

(b) Is not entitled to a vote except in case of a tie,when the mayor has a casting vote, except as otherwise provided in thischapter.

2. The mayor may exercise the right of veto upon allmatters passed by the city council. To pass any matter receiving the mayorsveto requires a five-sevenths vote of a city council composed of seven members,a four-fifths vote of a city council composed of five members, and a unanimousvote of a city council composed of three members.

3. No resolution or contract requiring the payment ofmoney nor any ordinance may go into force or have any effect until approved inwriting by the mayor, unless passed over the mayors veto. If the mayor doesnot approve the resolution, contract or ordinance so submitted, he shall,within 5 days after the receipt thereof, return it to the city clerk with hisreasons in writing for not approving it. If the mayor does not so return it,the resolution or contract thereupon goes into effect and the ordinance becomesa law, in like manner and with the same effect as if it had been approved bythe mayor.

[Part 18:125:1907; RL 784; NCL 1117](NRS A 1993,54; 2001, 628)

CITY COUNCIL

NRS 266.215 Qualificationsof city councilmen. Councilmen must be:

1. Qualified electors within their respective citiesand bona fide residents thereof for a period of at least 1 year next precedingtheir election.

2. Except as otherwise provided in NRS 266.220, qualified electors withintheir respective wards.

[Part 16:125:1907; RL 782; NCL 1115](NRS A 1977,201; 1995, 2064)

NRS 266.220 Electionand number of councilmen.

1. If a city of population category one is:

(a) Divided into wards, the city council must becomposed of five or seven councilmen with one councilman from each ward who iselected only by the electors who reside in that ward and one councilman who iselected by the city at large.

(b) Not divided into wards, five or seven councilmenmust be elected by the voters of the city at large.

2. If a city of population category two or three is:

(a) Divided into wards, the city council must becomposed of three or five councilmen with one councilman from each ward who iselected only by the electors who reside in that ward.

(b) Not divided into wards, the three or fivecouncilmen must be elected by the voters of the city at large.

[Part 15:125:1907; RL 781; NCL 1114] + [Part17:125:1907; RL 783; NCL 1116](NRS A 1963, 43, 141; 1969, 1089; 1993, 54;1995, 2064; 2001, 628)

NRS 266.225 Vacancyin office of councilman filled by mayor and council; exception. Except as otherwise provided in NRS 268.325, any vacancy occurring in theoffice of councilman by death, resignation, removal or otherwise must be filledby the mayor and city council at the first regular meeting after the vacancy,when the council and the mayor, who has the same voting power thereon as acouncilman, shall by a majority vote elect some person possessing the requisitequalifications, who shall hold the office until the election and qualificationof his successor at the next general city election.

[19:125:1907; RL 785; NCL 1119](NRS A 1997,2448)

NRS 266.230 Limitationon councilmans appointment to office created or which had salary increasedwhile he was member of council. No member ofany city council shall, during the term for which he was elected and for 1 yearafter the expiration of such term, hold or be appointed to any office whichshall have been created, or the salary or emoluments of which shall have beenincreased, while he was such member.

[50:125:1907; RL 816; NCL 1151]

NRS 266.235 Quorum. Except as otherwise provided in NRS 241.0355, a majority of all members ofthe city council constitutes a quorum to do business, but fewer members maymeet and adjourn from time to time and may compel the attendance of absenteesunder such penalties as may be prescribed by ordinance.

[20:125:1907; RL 786; NCL 1120](NRS A 2001, 629, 1125; 2003, 14)

NRS 266.240 Rules;punishment or expulsion of members. The citycouncil shall determine its own rules of procedure, may punish its members fordisorderly conduct, and, with the concurrence of two-thirds of the members ofthe city council, may expel a member for cause.

[Part 21:125:1907; RL 787; NCL 1121](NRS A 2001, 629)

NRS 266.245 Meetings:Frequency, time and place of holding; compliance with Open Meeting Law.

1. The city council shall prescribe by ordinance thetime and place of holding its meetings, but at least one meeting must be heldeach month.

2. All meetings of a city council must be conducted inaccordance with the provisions of chapter 241of NRS.

[22:125:1907; RL 788; NCL 1122] + [24:125:1907;RL 790; NCL 1124](NRS A 2001, 629)

NRS 266.250 Meetingsto be public; minutes; audio recordings or transcripts; required recordedvotes; affirmative vote of majority of all members required to pass ordinancesand certain propositions.

1. The deliberations, sessions and proceedings of thecity council must be public.

2. The city council shall keep written minutes andaudio recordings or transcripts of its own proceedings as required pursuant to NRS 241.035. The yeas and nays must betaken upon the passage of all ordinances, and all propositions to create anyliability against the city, or to grant, deny, increase, decrease, abolish orrevoke licenses, and in all other cases at the request of any member of thecity council or of the mayor, which yeas and nays must be entered in theminutes of its proceedings.

3. The affirmative vote of a majority of all themembers elected to the city council is necessary to pass any such ordinance orproposition.

[23:125:1907; RL 789; NCL 1123](NRS A 2001, 629, 1125; 2003, 14; 2005, 1408)

NRS 266.255 Defermentof final action on committees report. At therequest of any two members of the city council in cities with councils composedof five or seven members, or at the request of one member in cities withcouncils composed of three members, final action on any report of a committeeof the city council must be deferred to the next regular meeting of the citycouncil after the report is made.

[25:125:1907; RL 791; NCL 1125](NRS A 1993, 54; 2001, 630)

POWERS OF CITY COUNCIL

NRS 266.260 Mannerand details for exercise of powers of city council may be provided byordinance. When power is conferred upon thecity council to do and perform any act or thing, and the manner of exercisingthe same is not specifically pointed out, the city council may provide byordinance the manner and details necessary for the full exercise of such power.

[29:125:1907; RL 795; NCL 1130]

NRS 266.261 Publicworks: General powers of city council.

1. The city council, on behalf of the city and in itsname, without any election, may acquire, improve, equip, operate and maintain,convert to or authorize:

(a) Curb and gutter projects;

(b) Drainage projects;

(c) Off-street parking projects;

(d) Overpass projects;

(e) Park projects;

(f) Sanitary sewer projects;

(g) Sidewalk projects;

(h) Storm sewer projects;

(i) Street projects;

(j) Underpass projects;

(k) Water projects; and

(l) Underground electric and communication facilities.

2. The city council, on behalf of the city, for thepurpose of defraying all the costs of acquiring, improving or converting to anyproject authorized by subsection 1, or any portion of the cost thereof not tobe defrayed with money otherwise available therefor, is vested with the powersgranted to municipalities by chapters 271 and 704A of NRS.

(Added to NRS by 1973, 377; A 1985, 260; 2001, 2075)

NRS 266.263 Publicworks: Citys powers subordinate to powers of regional planning agency. In any region of this state for which there has been createdby interstate compact a regional planning agency, the powers of a cityincorporated under this chapter for the location and construction of all publicworks are subordinate to the powers of such regional planning agency.

(Added to NRS by 1968, 13; became effective uponproclamation by the Governor of the enactment of the Tahoe Regional PlanningCompact by the State of California and its approval by the Congress of theUnited States)

NRS 266.265 Citysproperty: General powers of city council; exceptions.

1. The city council may:

(a) Control the property of the city.

(b) Erect and maintain all buildings, structures andother improvements for the use of the city.

(c) Except as otherwise provided in NRS 268.059, 268.061 and 268.062, purchase, receive, hold, sell,lease, convey and dispose of property, real and personal, for the benefit ofthe city, both within and without the city boundaries, improve and protect suchproperty, and do all other things in relation thereto which natural persons mightdo.

2. Except as otherwise provided by law, the citycouncil may not mortgage, hypothecate or pledge any property of the city forany purpose.

[Part 28:125:1907; RL 794; NCL 1128](NRS A 1971,299; 2001, 630; 2005, 1462, 2680)

NRS 266.267 Requirementsfor sale or lease of real property owned by city.

1. A city council shall not enter into a lease of realproperty owned by the city for a term of 3 years or longer or enter into acontract for the sale of real property until after the property has been appraisedpursuant to NRS 268.059. Except as otherwiseprovided in this section and paragraph (a) of subsection 1 of NRS 268.050: (a) The sale or leaseof real property must be made in the manner required pursuant to NRS 268.059, 268.061 and 268.062; and

(b) A lease or sale must be made at or above thehighest appraised value of the real property as determined pursuant to theappraisal conducted pursuant to NRS 268.059.

2. The city council may sell or lease real propertyfor less than its appraised value to any person who maintains or intends tomaintain a business within the boundaries of the city which is eligiblepursuant to NRS 374.357 for an abatementfrom the sales and use taxes imposed pursuant to chapter374 of NRS.

(Added to NRS by 1995, 2203; A 2005, 1462, 2680)

NRS 266.270 Condemnationof property for public uses. The city councilmay condemn property for public uses in the manner prescribed by chapter 37 of NRS.

[Part 28:125:1907; RL 794; NCL 1128](NRS A 1971,299; 1985, 261)

NRS 266.275 Streets,sidewalks, parks and public grounds. The citycouncil may:

1. Lay out, maintain, alter, improve or vacate allpublic rights-of-way in the city.

2. Regulate the use of public parks, buildings,grounds and rights-of-way and prevent the unlawful use thereof.

3. Require landowners to keep the adjacent streets,sidewalks and public parks, buildings and grounds free from encroachments orobstructions.

4. Regulate and prevent in all public places:

(a) The distribution and exhibition of handbills, orsigns.

(b) Any practice tending to annoy persons passing insuch public places.

(c) Public demonstrations and processions.

5. Prevent riots or any act tending to promote riotsin any public place.

[Part 28:125:1907; RL 794; NCL 1128](NRS A 1971,299)

NRS 266.277 Trafficand parking. The city council may, byordinance, regulate:

1. Except as otherwise provided in NRS 707.375, all vehicular, pedestrian andother traffic within the city and provide generally for the public safety onpublic streets, publicly owned parking lots, parking areas to which the publicis invited and public rights-of-way.

2. The length of time for which vehicles may be parkedupon the public streets and publicly owned parking lots.

(Added to NRS by 1971, 296; A 1973, 470; 2003, 1251)

NRS 266.280 Parkingmeters; off-street facilities for public parking.

1. The city council may acquire, install, maintain,operate and regulate parking meters at the curbs of the city streets or uponpublicly owned property made available for public parking. The parking fees tobe charged for the use of the parking facilities regulated by parking metersmust be fixed by the city council.

2. The city council may acquire property within thecity, by any lawful means except by eminent domain, for the purpose ofestablishing off-street public parking facilities for vehicles. The councilmay, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bondelections, and a majority of the electors voting on the bond question is infavor of the issuance of the bonds, issue revenue bonds for the purpose ofacquiring such property and erecting such improvements thereon as may beproper. The city council may, in such bonds, pledge on-street parking revenues,the general credit of the city, or both, to secure the payment of the principalthereof and interest thereon.

[28 3/4:125:1907; added 1955, 196](NRS A 1971, 104,301; 1985, 261)

NRS 266.285 Provisionof utilities. The city council may:

1. Provide, by contract, franchise or publicenterprise, for any utility to be furnished to the city for the residentsthereof.

2. Provide for the construction of any facilitynecessary for the provision of the utility.

3. Fix the rate to be paid for any utility provided bypublic enterprise. Any charges due for services, facilities or commoditiesfurnished by any utility owned by the city is a lien upon the property to whichthe service is rendered and must be perfected by recording with the countyrecorder a statement by the city clerk of the amount due and unpaid anddescribing the property subject to the lien. Each such lien:

(a) Is coequal with the latest lien thereon to securethe payment of general taxes.

(b) Is not subject to extinguishment by the sale of anyproperty because of the nonpayment of general taxes.

(c) Is prior and superior to all liens, claims,encumbrances and titles other than the liens of assessments and general taxes.

[Part 28:125:1907; RL 794; NCL 1128](NRS A 1971,301; 2001, 1756, 2076; 2003, 152)

NRS 266.290 Acquisitionor establishment of municipal utility: Procedure.

1. The city council may acquire or establish anypublic utility in the manner provided in this section.

2. The council shall enact an ordinance which must setforth fully and in detail:

(a) The public utility proposed to be acquired orestablished.

(b) The estimated cost thereof, as shown by the reportapproved by the council and mayor, of an engineer or body theretofore appointedby the council for that purpose.

(c) The proposed manner and terms of payment.

3. The ordinance must be published in full at leastonce a week for 4 successive weeks in a newspaper of general circulationpublished in the city.

4. At the first regular meeting of the council, or anyadjournment thereof, after the completion of the publication, the council mayproceed to enact an ordinance for that purpose which must conform in allrespects to the terms and conditions of the previously published ordinance,unless a petition is presented to it, signed by not less than 15 percent of thequalified electors of the city, as shown by the last preceding registrationlist, and representing not less than 10 percent of the taxable property of thecity as shown by the last preceding tax list or assessment roll, praying forplacement on the ballot at a special election or at the next primary or generalmunicipal election or primary or general state election of the question ofwhether the proposed ordinance is to be passed. Thereupon, no such proposedordinance may be enacted or become effective for any purpose whatsoever, unlessat a special election called and held for the purpose or the next primary orgeneral municipal election or primary or general state election, a majority ofthe votes cast are for the ordinance.

[Part 28:125:1907; RL 794; NCL 1128](NRS A 1971,302; 1981, 952; 1993, 1039; 2001, 2076)

NRS 266.295 Railroadsand railways. The city council may:

1. License, regulate or prohibit the location,construction or laying of tracks of any railroad in any public right-of-way.

2. Grant franchises to any person or corporation tooperate a railroad upon public rights-of-way and adjacent property.

3. Declare a nuisance and take up and remove, or causeto be taken up and removed, the tracks of any railway which have been laidupon, in, along, through or across any of the streets, alleys, avenues orpublic places of the city and which have not been operated with cars for publicuse for 1 year after the laying thereof.

4. Subject to the provisions of NRS 704.300, condemn rights-of-way for anypublic purpose across any railroad right-of-way.

5. Prescribe the length of time any publicright-of-way may be obstructed by trains standing thereon.

6. Require railroad companies to fence their tracksand to construct cattle guards and crossings and to keep them in repair.

7. Require railroad companies to provide protectionagainst injury to persons or property.

8. Compel railroad companies to raise or lower theirtracks to conform to any grade established by the city, so that tracks may becrossed at any place on any street, alley or avenue.

9. Compel railroad companies to provide that drainagefrom property adjacent to their tracks not be impaired.

[Part 28:125:1907; RL 794; NCL 1128](NRS A 1971,302; 1985, 1241)

NRS 266.300 Franchisesfor certain public purposes.

1. The city council shall have the power:

(a) To grant franchises to persons or corporations tolay, maintain and operate in, upon, along, through or across any street, alley,avenue or any part or parts thereof of the city or other public places therein,railroad tracks and connecting and terminal tracks.

(b) To contract with, authorize or grant any person,company or association a franchise to construct, maintain and operate gas,electric or other lighting works in the city, and to give such person, companyor association the privilege of furnishing light for the public buildings,streets, sidewalks and alleys of the city.

2. The city council shall grant no franchise for alonger period of time than 50 years, and no franchise for any purpose shall begranted within any city incorporated under the provisions of this chapterexcept as herein provided. Nothing herein contained shall be construed toimpair any franchises granted in any city prior to its incorporation hereunder.

[Part 28:125:1907; RL 794; NCL 1128]

NRS 266.310 Firedepartment; arson investigators; storage of hazardous material; fire code. The city council may:

1. Organize, regulate and maintain a fire department.

2. Prescribe the duties of the fire chief.

3. Designate arson investigators as peace officers.

4. Regulate or prohibit the storage of any explosive,combustible or inflammable material in or transported through the city, andprescribe the distance from any residential or commercial area where it may bekept. Any ordinance adopted pursuant to this subsection that regulates placesof employment where explosives are stored must be at least as stringent as thestandards and procedures adopted by the Division of Industrial Relations of theDepartment of Business and Industry pursuant to NRS 618.890.

5. Establish, by ordinance, a fire code and otherregulations necessary to carry out the purposes of this section.

[Part 28:125:1907; RL 794; NCL 1128](NRS A 1971,303; 1985, 261; 1999,1858)

NRS 266.316 Acquisition,maintenance and abolishment of cemeteries. Thecity council may, by any lawful means, acquire, control, maintain, enlarge orabolish cemeteries.

(Added to NRS by 1971, 296)

NRS 266.321 Policeordinances: Enactment and enforcement; penalty for violation of state law.

1. The city council may enact and enforce such localpolice ordinances as are not in conflict with the general laws of the State ofNevada.

2. Any offense made a misdemeanor by the laws of theState of Nevada shall also be deemed to be a misdemeanor in the city wheneversuch offense is committed within the city.

(Added to NRS by 1971, 296)

NRS 266.323 Employmentof security officers. The governing body of acity may employ security officers.

(Added to NRS by 1985, 260; A 1993, 2529)

NRS 266.325 Controlof animals and poultry; collection of fee. Thecity council may:

1. Fix, impose and collect an annual license fee onall animals and provide for the capture and disposal of all animals on whichthe license fee is not paid.

2. Regulate or prohibit the running at large anddisposal of all kinds of animals and poultry.

3. Establish a pound, appoint a poundkeeper andprescribe his duties.

4. Prohibit cruelty to animals.

[Part 28:125:1907; RL 794; NCL 1128](NRS A 1971,304)

NRS 266.330 Publichealth. The city council may:

1. Provide for safeguarding public health in the city.

2. Create a board of health and prescribe the powersand duties of such board.

3. Provide for the enforcement of all regulations andquarantines established by the board of health by imposing adequate penaltiesfor violations thereof.

[Part 28:125:1907; RL 794; NCL 1128] + [281/2:125:1907; added 1921, 85; NCL 1129](NRS A 1971, 305)

NRS 266.335 Nuisances:Abatement, prevention and removal; costs as lien. Thecity council may:

1. Except as otherwise provided in subsection 3 of NRS 40.140 and subsection 5 of NRS 202.450, determine by ordinance whatshall be deemed nuisances.

2. Provide for the abatement, prevention and removalof the nuisances at the expense of the person creating, causing or committingthe nuisances.

3. Provide that the expense of removal is a lien uponthe property upon which the nuisance is located. The lien must:

(a) Be perfected by recording with the county recordera statement by the city clerk of the amount of expenses due and unpaid anddescribing the property subject to the lien.

(b) Be coequal with the latest lien thereon to securethe payment of general taxes.

(c) Not be subject to extinguishment by the sale of anyproperty because of the nonpayment of general taxes.

(d) Be prior and superior to all liens, claims,encumbrances and titles other than the liens of assessments and general taxes.

4. Provide any other penalty or punishment of personsresponsible for the nuisances.

[Part 28:125:1907; RL 794; NCL 1128] + [1001/2:125:1907; added 1945, 289; 1943 NCL 1201.01](NRS A 1971, 306; 1997, 953;2001, 1756)

SURCHARGE FOR ENHANCEMENT OF TELEPHONE SYSTEM USED FORREPORTING EMERGENCY

NRS 266.342 Trunkline defined. As used in NRS 266.342 to 266.348, inclusive, unless the contextotherwise requires, trunk line means a line which provides a channel betweena switchboard owned by a customer of a telephone company and the local exchangeof the telephone company.

(Added to NRS by 2005, 495)

NRS 266.344 Impositionin certain cities; master plan required; amount; collection; penalties fordelinquent payment.

1. Except as otherwise provided in this section, thecity council of a city of population category two or three in a county whosepopulation is 400,000 or more may, by ordinance, impose a surcharge on eachaccess line or trunk line of each customer to the local exchange of anytelephone company providing those lines in the city, for the enhancement of thetelephone system for reporting an emergency in the city.

2. A city council may not impose a surcharge pursuantto this section unless the city council first adopts a 5-year master plan forthe enhancement of the telephone system for reporting emergencies in the city.The master plan must include an estimate of the cost of the enhancement of thetelephone system and all proposed sources of money for funding the enhancement.

3. The surcharge imposed by a city council pursuant tothis section:

(a) For each access line to the local exchange of atelephone company, must not exceed 25 cents each month; and

(b) For each trunk line to the local exchange of atelephone company, must equal 10 times the amount of the surcharge imposed foreach access line to the local exchange of a telephone company pursuant toparagraph (a).

4. A telephone company which provides access lines ortrunk lines in a city that imposes a surcharge pursuant to this section shallcollect the surcharge from its customers each month. The telephone companyshall remit the surcharge it collects to the treasurer of the city in which thesurcharge is imposed not later than the 15th day of the month after the monthit receives payment of the surcharge from its customers.

5. An ordinance adopted pursuant to subsection 1 mayinclude a schedule of penalties for the delinquent payment of amounts due fromtelephone companies pursuant to this section. Such a schedule:

(a) Must provide for a grace period of not less than 90days after the date on which the telephone company must otherwise remit thesurcharge to the city treasurer; and

(b) Must not provide for a penalty that exceeds 5 percentof the cumulative amount of surcharges owed by a telephone company.

(Added to NRS by 2005, 495)

NRS 266.346 Establishmentof advisory committee to develop plan to enhance telephone system for reportingemergency; creation of special revenue fund; use of money in fund. If a city council imposes a surcharge pursuant to NRS 266.344, the city council shall:

1. Establish by ordinance an advisory committee todevelop a plan, consistent with the master plan adopted by the city councilpursuant to NRS 266.344, to enhance thetelephone system for reporting an emergency in the city and to oversee anymoney allocated for that purpose. The advisory committee must consist of notless than five members who:

(a) Are residents of the city;

(b) Possess knowledge concerning telephone systems forreporting emergencies; and

(c) Are not elected public officers.

At least onemember of an advisory committee established pursuant to this section must be arepresentative of an incumbent local exchange carrier that provides service topersons in that city. As used in this subsection, incumbent local exchangecarrier has the meaning ascribed to it in 47 U.S.C. 251(h)(1), as thatsection existed on October 1, 1999, and includes a local exchange carrier thatis treated as an incumbent local exchange carrier pursuant to that section.

2. Create a special revenue fund of the city for thedeposit of the money collected pursuant to NRS266.344. The money in the fund must be used only to enhance the telephonesystem for reporting an emergency so that the number and address from which acall received by the system is made may be determined, including only:

(a) Paying recurring and nonrecurring charges fortelecommunication services necessary for the operation of the enhancedtelephone system;

(b) Paying costs for the personnel and trainingassociated with the routine maintenance and updating of the database for theenhanced telephone system;

(c) Purchasing, leasing or renting the equipment andsoftware necessary to operate the enhanced telephone system; and

(d) Paying costs associated with any maintenance,upgrade and replacement of equipment and software necessary for the operationof the enhanced telephone system.

3. If the balance in a fund created pursuant tosubsection 2 that has not been committed for expenditure exceeds $500,000 atthe end of any fiscal year, reduce the amount of the surcharge imposed duringthe next fiscal year by the amount necessary to ensure that the unencumberedbalance in the fund at the end of the next fiscal year does not exceed$500,000.

(Added to NRS by 2005, 496)

NRS 266.348 Recoveringcost of collection. A telephone company thatcollects the surcharge imposed pursuant to NRS266.344 is entitled to retain an amount of the surcharge collected which isequal to the cost of collecting the surcharge.

(Added to NRS by 2005, 496)

LICENSING AND REGULATION OF PROFESSIONS, TRADES ANDBUSINESSES

NRS 266.355 Powerof city council to regulate and license.

1. Except as otherwise provided in subsections 3 and4, the city council may:

(a) Except as otherwise provided in NRS 268.0881 to 268.0888, inclusive, 598D.150 and 640C.100, regulate all businesses, tradesand professions.

(b) Except as otherwise provided in NRS 576.128, fix, impose and collect a licensetax for revenue upon all businesses, trades and professions.

2. The city council may establish any equitablestandard to be used in fixing license taxes required to be collected pursuantto this section.

3. The city council may license insurance agents,brokers, analysts, adjusters and managing general agents within the limitationsand under the conditions prescribed in NRS680B.020.

4. A city council shall not require that a person whois licensed as a contractor pursuant to chapter624 of NRS obtain more than one license to engage in the business ofcontracting or pay more than one license tax related to engaging in the businessof contracting, regardless of the number of classifications orsubclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

5. The city council shall not require a person toobtain a license or pay a license tax on the sole basis that the person is aprofessional. As used in this subsection, professional means a person who:

(a) Holds a license, certificate, registration, permitor similar type of authorization issued by a regulatory body as defined in NRS 622.060, or who is regulated pursuantto the Nevada Supreme Court Rules; and

(b) Practices his profession for any type ofcompensation as an employee.

[Part 28:125:1907; RL 794; NCL 1128](NRS A 1961,47; 1963, 402; 1971, 307, 1958; 1997, 3168; 2003, 2895; 2005, 731, 1136, 2337)

NRS 266.358 Paymentof child support: Statement by applicant for license, permit or certificate;grounds for denial of license, permit or certificate; duty of city council.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. If a city council requires a person to obtain alicense, permit or certificate to practice a profession or occupation pursuantto NRS 266.355 or 268.0887, an applicant for the issuance orrenewal of such a license, certificate or permit shall submit to the citycouncil the statement prescribed by the Division of Welfare and SupportiveServices of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The city council shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license, certificate or permit; or

(b) A separate form prescribed by the city council.

3. A license, certificate or permit may not be issuedor renewed by the city council pursuant to NRS266.355 or 268.0887 if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the city council shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1997, 2043; A 2005, 2338)

NRS 266.362 Suspensionof license, certificate or permit for failure to pay child support or complywith certain subpoenas or warrants; reinstatement of license, certificate orpermit. [Expires by limitation on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. If a city council receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a license,certificate or permit to practice a profession or occupation issued by the citycouncil pursuant to NRS 266.355 or 268.0887, the city council shall deem thelicense, certificate or permit issued to that person to be suspended at the endof the 30th day after the date on which the court order was issued unless thecity council receives a letter issued to the holder of the license, certificateor permit by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense, certificate or permit has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. A city council shall reinstate a license,certificate or permit to practice a profession or occupation issued by the citycouncil pursuant to NRS 266.355 or 268.0887 that has been suspended by adistrict court pursuant to NRS 425.540if the city council receives a letter issued by the district attorney or otherpublic agency pursuant to NRS 425.550 tothe person whose license, certificate or permit was suspended stating that theperson whose license, certificate or permit was suspended has complied with thesubpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2043; A 2005, 2338)

NRS 266.368 Applicationfor license, permit or certificate must include social security number ofapplicant. [Expires by limitation on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.] Anapplication for the issuance of a license, permit or certificate to practice aprofession or occupation pursuant to NRS266.355 or 268.0887 must includethe social security number of the applicant.

(Added to NRS by 1997, 2044; A 2005, 2339)

SALES AND LEASES OF CITY-OWNED ELECTRIC LIGHT AND POWERSYSTEMS

NRS 266.386 Resolutionproposing sale or lease of system; election required.

1. Proceedings to sell or lease a city-owned electriclight and power system may be instituted by the adoption of a resolution by thecity council proposing to sell or lease the electric light and power system.

2. The resolution adopted pursuant to the provisionsof subsection 1 must require that the question of the sale or lease of theelectric light and power system be submitted to the voters of the city at aspecial election or the next primary or general municipal election or primaryor general state election.

(Added to NRS by 1969, 862; A 1993, 1040)

NRS 266.3861 Appointmentof appraisers. Upon the adoption of a resolutionpursuant to NRS 266.386, the districtcourt of the county shall appoint a qualified firm of licensed engineers tomake a true and correct appraisement of the fair market value of the electriclight and power system.

(Added to NRS by 1969, 862)

NRS 266.3862 Negotiationwith qualified lessees. If the resolutionadopted proposes to lease the electric light and power system, the city councilshall, after the return of the appraisement, negotiate with one or morequalified lessees. If such negotiations are successful, the city council shallsubmit the proposed lease for acceptance or rejection at the election. In anylease, the council shall require a bond for faithful performance by the lessee.

(Added to NRS by 1969, 862)

NRS 266.3863 Measureand explanation to be drafted by city attorney. Whenproceedings are instituted to sell or lease a city-owned electric light andpower system, the city attorney shall draft the measure and an explanationthereof for submission to the registered voters.

(Added to NRS by 1969, 862)

NRS 266.3864 Registrationof voters for special election; notice; office hours of county clerk.

1. If the question of the sale or lease of thecity-owned electric light and power system is submitted at a city or stateprimary or general election, no notice of registration of electors is requiredother than that required by the general election laws for such election. If thequestion is submitted at a special election, the county clerk shall, at theexpense of the city, cause to be published at least once a week for 5 consecutiveweeks by five weekly insertions a week apart, the first publication to be notmore than 60 days nor less than 45 days next preceding the election, in anewspaper published within the county and having a general circulation in thecity, a notice signed by him to the effect that registration for the specialelection will be closed on a date designated therein, as provided in thissection.

2. Except as provided in this subsection, the officeof the county clerk shall be open for such a special election from 9 a.m. to 12m. 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 qualifiedelector. During the 5 days preceding the close of registration before such aspecial election, the office of the county clerk shall be open from 9 a.m. to 5p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sunday and anylegal holidays excepted.

3. The office of the county clerk shall be opened forregistration of voters for such special election from and including the 20thday next preceding such election and up to but excluding the 10th day nextpreceding such election and during regular office hours.

(Added to NRS by 1969, 862)

NRS 266.3865 Noticeof special election: Publication; contents.

1. If the resolution adopted pursuant to NRS 266.386 calls a special election, thecity clerk shall cause a notice of the election to be published in a newspaperprinted in the county and having a general circulation in the city at leastonce a week for 2 consecutive weeks by two weekly insertions a week apart, thefirst publication to be not more than 14 days nor less than 8 days next precedingthe election.

2. The notice of the special election must contain:

(a) The time and places of holding the election.

(b) The hours during the day in which the polls will beopen, which must be the same as provided for general elections.

(c) A statement of the question in substantially thesame form as it will appear on the ballots.

(Added to NRS by 1969, 863; A 1993, 1040)

NRS 266.3866 Powersand duties of county clerk at special election; costs of special election.

1. The county clerk may consolidate or otherwisemodify voting precincts, shall designate the polling places, shall appointofficers of the election for each precinct in such number as he may determine,and shall fix their duties and compensation.

2. Any qualified elector who is properly registeredshall be qualified to vote at the special election.

3. The costs of any special election shall be paid bythe city.

(Added to NRS by 1969, 863)

NRS 266.3867 Saleof system: Advertisement; sealed bids. If theresolution adopted proposes to sell the electric light and power system, and amajority of the ballots cast favors such sale, the city council shall advertisethe sale of such electric light and power system by notice published at leastonce a week for 5 consecutive weeks by five weekly insertions a week apart in anewspaper published within the county and having a general circulation in thecity. The notice shall require sealed bids, to be accompanied by a certifiedcheck for at least 5 percent of the sum bid for the purchase, to be depositedwith the city clerk on or before the date stated in the notice. No bids shallbe accepted by the city council for a sum less than the amount of theappraisement of the electric light and power system. The council may reject anyand all bids.

(Added to NRS by 1969, 863)

OFFICERS GENERALLY

NRS 266.390 Officersand offices: General powers of council. Thecity council may:

1. Create any office that may be deemed necessary forthe city.

2. Provide for filling all vacancies in elective andappointive offices.

3. Regulate and prescribe the powers, duties andcompensation of all officers of the city, except as otherwise provided by law.

4. Require all officers or employees of the cityresponsible for the handling of city money to give bond and security, to bepaid by the city from its money, for the faithful performance of their duties.

5. Require from every officer of the city at any timea report in detail of all transactions in his office, or any matters connectedtherewith.

[Part 28:125:1907; RL 794; NCL 1128](NRS A 1971,308; 2001, 630)

NRS 266.395 Appointmentof officers by mayor. The mayor, with the adviceand consent of the city council, shall appoint all such officers as may be providedfor by law or ordinance.

[37:125:1907; RL 803; NCL 1138](NRS A 1971, 308;2001, 630)

NRS 266.400 Eligibilityfor office; power of city council to adopt requirements concerning residency.

1. The city council, by ordinance, may require, as aqualification for an appointive office of the city, other than city attorney,and for appointment as a deputy pursuant to NRS266.455, that the person appointed reside actually, and not constructively,within:

(a) The limits of the city; or

(b) The county in which the city is located.

2. A person who is a defaulter to the city isineligible to hold any city office.

[44:125:1907; RL 810; NCL 1145](NRS A 1991, 13;1997, 273)

NRS 266.405 Electionor appointment of certain city officers; consolidation of offices of city clerkand city treasurer.

1. In addition to the mayor and city council, theremust be in each city of population category one or two a city clerk, a citytreasurer, or if those offices are combined pursuant to subsection 4, a cityclerk and treasurer, a municipal judge and a city attorney. The offices of cityclerk, city treasurer, municipal judge and city attorney may be either electiveor appointive offices, as provided by city ordinance. Except as otherwiseprovided in this subsection and unless the terms of those elected officers areextended by an ordinance adopted pursuant to NRS 293C.115, the elected officers shallhold their respective offices for 4 years and until their successors areelected and qualified. The cities of population category three may by ordinanceprovide that the mayor and city councilmen must be elected and shall holdoffice for 2 years unless the terms of office of the mayor and city councilmenare extended by an ordinance adopted pursuant to NRS 293C.115.

2. In each city of population category one or two, inwhich the officers are appointed pursuant to ordinance, the mayor, with theadvice and consent of the city council, shall appoint all of the officers.

3. In cities of population category three, the mayor,with the advice and consent of the city council, may appoint any officers asmay be deemed expedient.

4. The city council may provide by ordinance for theoffice of city clerk and the office of city treasurer to be combined into theoffice of city clerk and treasurer.

[36:125:1907; A 1911, 374; 1915, 66; 1923, 186; 1951,53](NRS A 1983, 902; 1985, 672, 1173; 1989, 1164; 2001, 630; 2003, 679)

NRS 266.410 Officersof cities of population categories one and two to hold only one office;exception. Except as otherwise provided insubsection 4 of NRS 266.405 for theclerk and treasurer, in cities of population categories one and two, a mayor,councilman, clerk, auditor, attorney or treasurer shall not hold any otheroffice under the city government during his term of office.

[47:125:1907; RL 813; NCL 1148](NRS A 1985,1173; 1989, 1164; 2001,631)

NRS 266.415 Appointedofficers serve at pleasure of mayor and city council; removal by city council;veto by mayor. Except as otherwise provided byspecific law or ordinance, all appointed officers serve at the pleasure of themayor and city council and may be removed by a majority vote of the citycouncil. The mayor may exercise the right of veto as provided in NRS 266.200.

[38:125:1907; A 1947, 273; 1943 NCL 1139](NRS A1987, 366; 2001, 631)

NRS 266.420 Oathand bond.

1. Every officer of any city, whether elected orappointed, shall, before he enters upon the duties of his office take andsubscribe to the constitutional oath of office.

2. Every officer of any city who is responsible forthe handling of city funds shall execute a bond payable to the city in suchpenal sum as may, by resolution or ordinance, be directed, conditioned for thefaithful performance of the duties of his office, and the payment of all moneysreceived by such officer according to law and the ordinances of the city.

[39:125:1907; RL 805; NCL 1140](NRS A 1971, 309;1977, 411)

NRS 266.425 Bondsfiled with clerk; council may require additional bonds.

1. All bonds given by the officers of any city shallbe filed with the city clerk.

2. The city council may at any time require furtherand additional bonds of all officers elected and appointed.

[41:125:1907; RL 807; NCL 1142](NRS A 1971, 309)

NRS 266.430 Nonfeasance,misfeasance or malfeasance; penalty. In casethe mayor or any municipal officer is adjudged guilty of nonfeasance,misfeasance or malfeasance by any court of competent jurisdiction he shall befined in a sum not exceeding $1,000. The court in which such conviction shallbe had shall enter an order removing such officer from office; and the officershall not be eligible to any municipal office thereafter.

[42:125:1907; RL 808; NCL 1143](NRS A 1971, 309)

NRS 266.435 Deliveryof property to successor; liability. Everyofficer of the city shall, within 5 days after notification and request,deliver to his successor in office all properties, books and effects of everydescription in his possession belonging to the city or appertaining to hisoffice; and upon his failure, refusal or neglect to do so he shall be liablefor all damages caused thereby, and to such penalty as may be by ordinanceprescribed.

[43:125:1907; RL 809; NCL 1144]

NRS 266.450 Compensation;restrictions on increase or decrease. Allelected officers of any city are entitled to receive such compensation as maybe fixed by ordinance, but, except as otherwise provided in NRS 266.041, the compensation of anyelected officers must not be increased or diminished to take effect during theterm for which the officer was elected. All appointed officers are entitled toreceive such compensation as may be fixed by ordinance.

[48:125:1907; RL 814; NCL 1149](NRS A 2001, 631, 701; 2003, 14)

NRS 266.455 Deputies:Appointment; powers; compensation. The cityofficers, except the mayor, councilmen and municipal judge, may, after beingfirst duly authorized by ordinance of the city council, appoint a deputy ordeputies who have the same powers as their principals and whose compensationmay be prescribed by the city council. The city council may authorize theappointment of a deputy on condition that no charge be made against the cityfor his services.

[49:125:1907; RL 815; NCL 1150](NRS A 1983, 903)

NRS 266.460 Dutiesof officers may be defined by ordinance. Theduties, powers and privileges of all officers in any way connected with thecity government, not defined in this chapter, shall be defined by the city council;and the defining by this chapter of the duties of city officers shall notpreclude the city council from defining by ordinance further and additionalduties to be performed by any such officer.

[51:125:1907; RL 817; NCL 1152]

CITY ATTORNEY

NRS 266.465 Qualifications. No person is eligible to the office of city attorneyunless he is an attorney in good standing admitted to practice law in all thecourts of this state.

[Part 54:125:1907; A 1947, 737; 1951, 389](NRS A1991, 13)

NRS 266.470 Duties. The city attorney shall be the legal adviser of the citycouncil and all officers of the city in all matters respecting the affairs ofthe city and shall perform such duties as may be required of him by the citycouncil or prescribed by ordinance.

[Part 54:125:1907; A 1947, 737; 1951, 389](NRS A1971, 309; 2001, 631)

NRS 266.475 Employmentof counsel to assist city attorney. The citycouncil may, in the exercise of its sound discretion, employ counsel to aid thecity attorney whenever, in its judgment, the public interests require suchemployment, and the expense thereof must be allowed and paid in the same manneras other claims against the city.

[Part 54:125:1907; A 1947, 737; 1951, 389](NRS A 2001, 631)

CITY CLERK

NRS 266.480 Duties. The city clerk shall:

1. Keep his office at the place of meeting of the citycouncil, or some other place convenient thereto, as the council may direct.

2. Keep the corporate seal and all papers and recordsof the city.

3. Keep a record of the proceedings of the citycouncil, whose meetings he shall attend.

4. Countersign all contracts made in behalf of thecity, and every such contract or contracts to which the city is a party shallbe void unless signed by the city clerk.

5. Cause to be published quarterly in some newspaperpublished in the city a statement of the finances of the city, showing receiptsand disbursements, and bills allowed and paid. The statement shall be signed bythe mayor and attested by the city clerk. If there should be no newspaperpublished in the county, the financial statement shall be published in anewspaper of general circulation in the county.

[18 1/2:125:1907; added 1921, 216; NCL 1118] +[Part 52:125:1907; RL 818; NCL 1153] + [53:125:1907; RL 819; NCL 1154](NRS A 1971, 309)

CITY AUDITOR

NRS 266.490 Duties. The city auditor, in cities having an auditor, shall performsuch duties as may be designated by ordinance.

[55:125:1907; RL 821; NCL 1156](NRS A 1971, 310)

CITY TREASURER

NRS 266.500 Duties. The city treasurer shall perform such duties as may bedesignated by ordinance.

[57:125:1907; RL 823; NCL 1158] + [58:125:1907;RL 824; NCL 1159](NRS A 1971, 311)

NRS 266.505 Paymentof warrants. All warrants shall be paid out oftheir respective funds in the order in which they shall be issued.

[59:125:1907; RL 825; NCL 1160]

NRS 266.510 Receiptfor payment. The treasurer shall:

1. Give to every person paying money into the citytreasury a receipt therefor, specifying the date of payment and upon whataccount paid.

2. File the duplicate of such receipt with the auditoror city clerk, as the city council may direct, at the date of his monthlyreport.

[60:125:1907; RL 826; NCL 1161]

NRS 266.515 Depositof citys money in bank, credit union or savings and loan association.

1. The treasurer, or the county treasurer when actingas ex officio city treasurer, shall keep all money belonging to the cityseparate from all other money held by him for any other purpose or fund andmay, when one or more insured banks, credit unions or savings and loanassociations are located in the city, deposit, with unanimous consent of hisbondsmen, city money in such banks, credit unions or savings and loanassociations in demand or time accounts. When no such banks, credit unions orsavings and loan associations exist in the city, he may deposit, with theunanimous consent of his bondsmen, city money with any insured bank, creditunion or savings and loan association in the State of Nevada in demand or timeaccounts.

2. The accounts must be kept in the name of the cityin such manner as the governing board of the city may prescribe and under suchterms and conditions for the protection of the money as the governing board maydetermine, not inconsistent with other laws of the State of Nevada regulatingthe deposit of public money.

3. The balances in banks, credit unions or savings andloan associations, as certified to by the proper officer thereof, and by theoath of the city treasurer, may be counted as cash.

[6:125:1907; A 1933, 86; 1931 NCL 1162](NRS A1975, 1797; 1979, 1883; 1999, 1465)

NRS 266.520 Treasurersreport: Contents. The treasurer shall reportto the city council at such times as may be prescribed by ordinance, giving afull and detailed account of all receipts and expenditures since his lastreport, and of the state of the treasury. He shall also keep a register of allwarrants redeemed and paid during the year, and describing such warrants, theirdate, amount, number, the fund from which paid, and the person to whom paid,specifying also the time of payment. All such warrants shall be examined by thecity council at the time of receiving such report.

[62:125:1907; RL 828; NCL 1163]

NRS 266.525 Moneyfrom special assessment kept as special fund; restrictions on use. All moneys received from any special assessment shall beheld by the treasurer as a special fund, to be applied to payment for theimprovement for which the assessment was made, and the money shall be used forno other purpose whatever.

[63:125:1907; RL 829; NCL 1164]

CHIEF OF POLICE

NRS 266.530 Appointment;duties.

1. Each city which is not participating in ametropolitan police department must have a chief of police. The mayor shallappoint the chief of police, subject to confirmation by the city council.

2. The chief of police shall perform such duties asmay be designated by ordinance.

[Part 73:125:1907; RL 839; NCL 1174](NRS A 1963,8; 1971, 311; 1973, 926; 2001, 631)

MUNICIPAL COURT

NRS 266.550 Powersand jurisdiction: Same as Justice Court; trial summary and without jury;charging and collecting fees.

1. The municipal court shall have such powers andjurisdiction in the city as are now provided by law for Justice Courts, whereinany person or persons are charged with the breach or violation of theprovisions of any ordinance of such city or of this chapter, of a police ormunicipal nature. The trial and proceedings in such cases must be summary andwithout a jury.

2. The powers of the municipal court include the powerto charge and collect those fees authorized pursuant to NRS 5.073.

[Part 66:125:1907; RL 832; NCL 1167](NRS A 1997,115)

NRS 266.555 Jurisdiction.

1. The municipal court has jurisdiction to hear, tryand determine all cases, whether civil or criminal, for the breach or violationof any city ordinance or any provision of this chapter of a police or municipalnature, and shall hear, try and determine cases in accordance with theprovisions of those ordinances or of this chapter.

2. The municipal court has jurisdiction of offensescommitted within the city, which violate the peace and good order of the cityor which invade any of the police powers of the city, or endanger the health ofthe inhabitants thereof, such as breaches of the peace, drunkenness,intoxication, fighting, quarreling, dogfights, cockfights, routs, riots,affrays, violent injury to property, malicious mischief, vagrancy, indecentconduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensiveor opprobrious conduct, and of all offenses under ordinances of the city.

3. The municipal court has jurisdiction of:

(a) Any action for the collection of taxes orassessments levied for city purposes, when the principal sum thereof does notexceed $2,500.

(b) Actions to foreclose liens in the name of the cityfor the nonpayment of those taxes or assessments when the principal sum claimeddoes not exceed $2,500.

(c) Actions for the breach of any bond given by anyofficer or person to or for the use or benefit of the city, and of any actionfor damages to which the city is a party, and upon all forfeited recognizancesgiven to or for the use or benefit of the city, and upon all appeal bonds givenon appeals from the municipal court, when the principal sum claimed does notexceed $2,500.

(d) Actions for the recovery of personal propertybelonging to the city, when the value thereof does not exceed $2,500.

(e) Actions by the city for the collection of anydamages, debts or other obligations when the amount claimed, exclusive of costsor attorneys fees, or both if allowed, does not exceed $2,500.

4. Nothing contained in subsection 3 gives themunicipal court jurisdiction to determine any such cause when it appears fromthe pleadings that the validity of any tax, assessment or levy, or title toreal property is necessarily an issue in the cause, in which case the courtshall certify the cause to the district court in like manner and with the sameeffect as provided by law for certification of causes by Justice Courts.

[Part 66:125:1907; RL 832; NCL 1167] +[67:125:1907; RL 833; NCL 1168] + [68:125:1907; RL 834; NCL 1169](NRSA 1973, 199; 1979, 1726; 1981, 470; 1985, 1623; 1991, 466)

NRS 266.565 Pleadings;practice.

1. The practice and proceedings in the municipal courtshall conform, as nearly as practicable, to the practice and proceedings of JusticeCourts in similar cases, except that an appeal perfected transfers the actionto the district court for trial anew. The municipal court shall be treated andconsidered as a Justice Court whenever the proceedings thereof are called intoquestion.

2. The papers and pleadings filed in the municipalcourt and process issuing therefrom shall be entitled In the Municipal Courtof the City of ................

3. In all actions for the violation of any ordinance,it shall be sufficient if the complaint refer to the title and section of theordinance under which such action is brought.

4. All actions brought to recover any fine or toenforce any penalty under any ordinance of any city shall be brought in thecorporate name of the city as plaintiff; and no prosecution, recovery oracquittal for the violation of any such ordinance shall constitute a defense toany other prosecution of the same person for any other violation of any suchordinance, although the different causes of action existed at the same time,and if united would not have exceeded the jurisdiction of a Justice Court.

[30:125:1907; RL 796; NCL 1131] + [Part32:125:1907; RL 798; NCL 1133] + [Part 66:125:1907; RL 832; NCL 1167] +[Part 64:125:1907; RL 830; NCL 1165] + [Part 69:125:1907; A 1923, 279; NCL 1170](NRS A 1979, 1512)

NRS 266.570 Contempt. A municipal judge may punish for contempt for the sameacts or omissions, in the same manner and with the same effects as is providedfor judges in chapter 22 of NRS.

[Part 69:125:1907; A 1923, 279; NCL 1170](NRS A1975, 510; 1983, 903)

NRS 266.585 Reportsand payments by municipal judge. The municipaljudge shall render monthly, or as often as the city council may require, anexact and detailed statement in writing, under oath, of the business done andof all fines collected, as well as fines imposed but uncollected, since hislast report, and shall at the same time render and pay into the city treasuryall fines collected and money received on behalf of the city since his lastreport.

[Part 69:125:1907; A 1923, 279; NCL 1170](NRS A1983, 903; 2001, 631)

NRS 266.590 Finesand penalties: Commitment; recovery by execution; chain gang.

1. Any person upon whom any fine or penalty shall beimposed may, upon the order of the court before whom the conviction is had, becommitted to the county jail or the city jail, or to such other place as may beprovided by the city for the incarceration of offenders, until such fine orpenalty shall be fully paid.

2. The city council shall have power to provide byordinance that every person committed shall be required to work for the city atsuch labor as his strength will permit, not exceeding 8 hours each working day;and for such work the person so employed shall be allowed $4 for each dayswork on account of such fine. The council may provide for the formation of achain gang for persons convicted of offenses in violation of the ordinances ofthe city, and for their proper employment for the benefit of the city, and tosafeguard and prevent their escape while being so employed.

3. Fines imposed by the municipal court may berecovered by execution against the property of the defendant, or the paymentthereof enforced by imprisonment in the city jail of the city at the rate of 1day for every $4 of such fine, or the court may, in its discretion, adjudge andenter upon the docket a supplemental order that such offender shall work on thestreets or public works of the city, at the rate of $4 for each day of thesentence, which shall apply on such fine until the same shall be exhausted orotherwise satisfied.

[Part 32:125:1907; RL 798; NCL 1133] +[33:125:1907; RL 799; NCL 1134] + [Part 66:125:1907; RL 832; NCL 1167](NRS A 1967, 1471)

NRS 266.595 Appeals. Appeals to the district court may be taken from any finaljudgment of the municipal court in accordance with the provisions of NRS 5.073.

[71:125:1907; RL 837; NCL 1172](NRS A 1991, 467)

FINANCES, REVENUE AND TAXATION

NRS 266.600 Generalpowers of city council. The city council may:

1. Control the finances of the corporation.

2. Appropriate money for corporate purposes only, andprovide for payment of debts and expenses of the corporation.

3. Levy and collect taxes within the city for generaland special purposes on real and personal property, as provided by law.

4. Borrow money on the credit of the city forcorporate purposes, in the manner and to the extent allowed by the constitutionand the laws, and issue general obligations therefor, but no city may issue orhave outstanding at any time bonds in an amount in excess of 30 percent of thetotal assessed valuation of the taxable property within such city as shown bythe last preceding tax list or assessment roll, nor warrants, certificates,scrip or other evidences of indebtedness, excepting the bonded indebtedness, inexcess of 20 percent of the assessed valuation. This subsection does notrestrict the power of cities as to taxation, assessment, borrowing money,contracting debts or loaning their credit for procuring supplies of water.

5. Secure additionally the payment of any generalobligation securities by a pledge of any revenues, other than tax proceeds,legally available therefor.

6. Divide the city into districts for the purpose oflocal taxation, or create districts for that purpose, as occasion may require.

7. Except as otherwise provided in NRS 576.128 and subsections 4 and 5 of NRS 266.355, raise revenue by levying andcollecting a license fee or tax on any private corporation or business withinthe limits of the city, and regulate it by ordinance. All such license fees andtaxes must be uniform with respect to the class upon which they are imposed.

8. Fix the amount of licenses and the terms and mannerof their issuance.

[Part 28:125:1907; RL 794; NCL 1128](NRS A 1967,55; 1969, 1580; 1981, 953; 1997, 3168; 2005, 731)

NRS 266.605 Levyand collection of taxes.

1. The city council shall annually, at the timeprescribed by law for levying taxes for state and county purposes, levy a taxnot exceeding 3 percent upon the assessed value of all real estate and personalproperty within the city made taxable by law, and the tax so levied must becollected 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 lawsof this state for collection of state and county taxes. The revenue laws ofthis state shall, in every respect not inconsistent with the provisions of thischapter, be deemed applicable to the levying, assessing and collecting of thecity taxes. In the matter of the equalization of assessments, the rights of thecity and the rights of the inhabitants of the city must be protected in thesame manner and to the same extent by the action of the county board ofequalization as are the State and county.

2. Whenever or wherever practicable and expedient, allforms and blanks used in levying, assessing and collecting the State and countyrevenues must, with such alterations or additions as may be necessary, be usedin levying, assessing and collecting the revenue of the city.

3. The city council shall enact all such ordinances asit may deem necessary and not inconsistent with this chapter and the laws ofthis state, for the prompt, convenient and economical collecting of the cityrevenue.

[75:125:1907; RL 841; NCL 1176](NRS A 2001, 632)

NRS 266.610 Apportionmentof money from road fund by county commissioners. Theseveral boards of county commissioners in this state shall, from time to time,upon request of the city council, apportion to each incorporated city withinthe respective counties such proportion of the general road fund of the countyas the value of the whole property within the corporate limits of such city, asshown by the assessment roll, shall bear to the whole property of the county,inclusive of the property within incorporated cities, and all such moneys soapportioned shall be expended upon the streets, alleys and public highways ofsuch city under the direction and control of the council.

[76:125:1907; RL 842; NCL 1177]

NRS 266.615 Ordinancesto carry out revenue laws. The city councilhas full power to pass and enact all ordinances necessary or required to carryinto effect the revenue laws in the city and to enlarge, fix and determine thepowers and duties of all officers in relation thereto.

[77:125:1907; RL 843; NCL 1178](NRS A 2001, 632)

NRS 266.620 Paymentof fines, forfeitures and other money into city treasury. All fines and forfeitures for the violation of ordinancesand all money collected for licenses or otherwise shall be paid into thetreasury of the city at such times and in such manner as may be prescribed byordinance.

[31:125:1907; RL 797; NCL 1132]

PUBLIC IMPROVEMENTS AND REPAIRS

NRS 266.660 Costsof municipal capital improvements to be paid from proper fund, includingproceeds from bonds. The cost and expense ofbuildings and land for the use of the city shall be paid for from the properfund of the city, including without limitation proceeds of bonds authorized bylaw.

[80:125:1907; RL 846; NCL 1181](NRS A 1965, 737;1969, 1581; 1971, 311)

DISINCORPORATION

NRS 266.775 Petitionfor disincorporation; publication of notice by district court; question to besubmitted to voters at next city election; determination of registered voters.

1. Whenever one-fourth of the registered voters of anycity now existing or hereafter created by general law petition the districtcourt in and for the county in which the corporation is situated for thedisincorporation of the city, the district court shall cause to be published,for at least 30 days, a notice stating that the question of disincorporatingthe corporation will be submitted to the registered voters of the corporationat the next city election. The form of the ballot must be For Disincorporationor Against Disincorporation.

2. The registered voters provided for in this sectionmust be determined from the registration lists as taken from the office of thecounty clerk for all precincts in the city at the last general election held inthe county.

[105:125:1907; A 1915, 35; 1949, 287; 1943 NCL 1207](NRS A 1973, 12; 1987, 366; 1993, 1040)

NRS 266.780 Judgmentof disincorporation. The vote must be takenand canvassed in the same manner as in other city elections, and return thereofmade to the district court. If the court finds that a majority of the legalvotes are cast For Disincorporation, a judgment must be entereddisincorporating the corporation, and upon the entry of the judgment, itscorporate powers cease.

[106:125:1907; A 1956, 23](NRS A 1987, 366)

NRS 266.785 Creationof unincorporated town on disincorporation: Procedure.

1. If there is, at the time of the entry of thejudgment disincorporating a city, a voting population of 600 or more therein,then all of the provisions of chapter 269 ofNRS shall immediately apply thereto.

2. If there is, at the time of the entry of thejudgment disincorporating a city, a voting population of less than 600 therein,and if within 30 days after the entry of the judgment a written petition is notfiled in the clerks office of the county in which the disincorporated city issituated praying for the application of the provisions of chapter 269 of NRS, then the board of countycommissioners of the county wherein such disincorporated city is situated shallimmediately proceed to wind up the affairs of the disincorporated city andshall perform all necessary acts as required by the provisions of NRS 265.010 to 265.100, inclusive, as if thedisincorporated city had been disincorporated under the provisions of NRS 265.010 to 265.100, inclusive.

[107:125:1907; A 1956, 23]

NRS 266.790 Procedurefor completion of unfinished business of court.

1. If, at the time of the entry of the judgmentdisincorporating a city, the provisions of chapter269 of NRS apply immediately to such disincorporated city, then any justiceof the peace within the town, as provided in NRS269.165, shall have jurisdiction to execute and complete all unfinishedbusiness standing on the court records of the disincorporated city.

2. If, at the time of the entry of the judgmentdisincorporating a city which has a voting population of less than 600 therein,no written petition is filed as provided in subsection 2 of NRS 266.785, then the provisions of NRS 265.060 shall thereafter apply.

[108:125:1907; A 1956, 23]

NRS 266.795 Judgmentdisincorporating city: Duties of clerk of district court; delivery of copies;notice of entry; limitation of actions.

1. Immediately following the entry of the judgmentdisincorporating a city, the clerk of the district court shall:

(a) Transmit certified copies of the judgment to theSecretary of State and to the county recorder of the county wherein thedisincorporated city is situated.

(b) Cause a notice thereof to be published once a weekfor 4 consecutive weeks in a newspaper published in the county, but if nonewspaper is published therein, then the clerk shall give such notice as thedistrict court may prescribe.

2. The notice must contain:

(a) A statement of the fact of disincorporation.

(b) A statement of the provisions of subsection 3.

(c) Such other statements as the district court mayrequire.

3. All claims against the disincorporated city must befiled with the clerk of the board of county commissioners within 3 months fromthe date of the entry of the judgment disincorporating the city, and all claimsnot so filed are forever barred.

[109:125:1907; A 1956, 23](NRS A 1985, 261)

 

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