2005 Nevada Revised Statutes - Chapter 267 — Commission Form of Municipal Government
CHAPTER 267 - COMMISSION FORM OF MUNICIPALGOVERNMENT
INCORPORATION; POWERS; TERMINATION
NRS 267.010 Definitions.
NRS 267.020 Citymay adopt commission form of government.
NRS 267.030 Petitionfor adoption of commission form of government; election of electors to framecharter.
NRS 267.040 Nominationand election of electors to frame charter.
NRS 267.050 Canvassof returns of election; issuance of certificates of election.
NRS 267.060 Electedpersons to frame charter; publication and posting of charter; affidavits ofpublication and posting.
NRS 267.070 Electionfor adoption or rejection of charter: Publication of charter; form of ballot;alternative propositions.
NRS 267.080 Canvassand declaration of result of election; when charter becomes organic law ofcity.
NRS 267.090 Certificationof charter.
NRS 267.100 Recordingand attesting of charter and amendments; judicial notice of charter andamendments.
NRS 267.110 Powersof city with commission form of government; contents of charter.
NRS 267.120 Generalpowers of a city with commission form of government.
NRS 267.123 Publicworks: Citys powers subordinate to powers of regional planning agency.
NRS 267.125 Landimprovement fund: Creation by ordinance; composition; expenditures.
NRS 267.140 Electionto terminate commission form of government: Notice; form of ballot; canvass andresults.
CONTRACTS WITH FEDERAL GOVERNMENT RELATING TO FACILITIES FORDRAINAGE, SEWERAGE AND WATER
NRS 267.450 Definitions.
NRS 267.455 Acquisitionand acquire defined.
NRS 267.460 Drainageproject defined.
NRS 267.465 FederalGovernment defined.
NRS 267.470 Governingbody defined.
NRS 267.475 Improvementand improve defined.
NRS 267.480 Municipaldefined.
NRS 267.485 Municipalitydefined.
NRS 267.490 Projectdefined.
NRS 267.495 Sewerageproject defined.
NRS 267.500 Waterproject defined.
NRS 267.505 Requestby municipality for Federal Government to undertake project; approval byelectors of incurrence of indebtedness.
NRS 267.510 Repaymentcontracts: Powers of municipality.
NRS 267.515 Cooperationwith Federal Government.
NRS 267.520 Validationand ratification of contracts outstanding on March 28, 1969.
NRS 267.525 Legislativeauthority for validation of contracts and projects.
NRS 267.530 Liberalconstruction.
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INCORPORATION; POWERS; TERMINATION
NRS
1. Commission form of government means any form ofmunicipal government not contrary to the Constitution and laws of the UnitedStates wherein either:
(a) Both legislative and administrative authority isexercised by the same governing body, members of which are elected by thequalified electors of a city; or
(b) All powers of the city are vested in a governingbody, members of which are elected by the qualified electors of the city, whichenacts local legislation, adopts budgets, determines policies, and appoints acity manager, who executes the laws and administers the municipal government.
2. Commissioners means city commissioners or citycouncilmen.
[Part 1:192:1915; A 1919, 366; 1919 RL p. 2658; NCL 1248](NRS A 1959, 125)
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[Part 1:192:1915; A 1919, 366; 1919 RL p. 2658; NCL 1248](NRS A 1959, 126; 1987, 1706)
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[2:192:1915; 1919 RL p. 2658; NCL 1249](NRS A1959, 126; 1963, 803; 1987, 1706; 1993, 1041)
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[3:192:1915; 1919 RL p. 2658; NCL 1250](NRS A1959, 127; 1963, 804; 1987, 1707; 1993, 1041)
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1. Meet and canvass the returns of the election.
2. Declare the result thereof.
3. Issue certificates of election to the 15 qualifiedelectors having the highest vote therefor.
[Part 4:192:1915; 1919 RL p. 2659; NCL 1251](NRS A1959, 127; 1987, 1707)
NRS
1. The persons elected as provided for in
2. Within 10 days thereafter, the legislativeauthority of the city shall:
(a) Cause the proposed charter to be published once ina newspaper published in the incorporated city. If no newspaper is published inthe city, the proposed charter must be published once in a newspaper publishedin the county; and
(b) Cause copies of the proposed charter to be postedin three of the most public places of the city for 30 days.
3. The affidavits of the publisher and of the personposting the copies of the charter must be made immediately after publicationand after the posting.
[Part 4:192:1915; 1919 RL p. 2659; NCL 1251](NRS A1959, 127; 1987, 1707)
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1. The governing body of the incorporated city shallcause the proposed charter to be published once and posted for 30 days andprovide for the submission of the proposed charter to the qualified voters ofthe incorporated city at the next primary or general municipal election orprimary or general state election.
2. The form of ballot concerning the question of theproposed charter at the election must be: For the proposed charter, Againstthe proposed charter.
3. In submitting the proposed charter, or amendmentsthereto, any alternative article or proposition may be presented to the votersof the incorporated city and may be voted on separately without prejudice tothe others. In submitting the amendments, article or proposition, the form ofthe ballot must be: For Article No. ..... of the charter, Against ArticleNo. ..... of the charter.
[Part 4:192:1915; 1919 RL p. 2659; NCL 1251](NRS A1959, 128; 1963, 804; 1987, 1707; 1993, 1041)
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[Part 5:192:1915; 1919 RL p. 2659; NCL 1252](NRS A1959, 128)
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I, ................, mayor of ................, dohereby certify that in accordance with the terms and provisions of Section 8 ofArticle 8 of the Constitution, and the laws of the State of Nevada, an electionwas held on the .......... day of the month of . of the year .., at which15 qualified electors were elected to prepare a charter for the city of......................; that notice of the election was given in the mannerprovided by law; that on the .......... day of the month of . of the year.., the election was held, and the votes cast at that election were canvassedby the governing body of the city, and the following persons were declaredelected to prepare and propose a charter for the city of .................
That thereafter, on the .......... day of the month of. of the year ., the board of electors returned a proposed charter for thecity of ................, signed by the following members thereof:.................
That thereafter the proposed charter was published oncein a newspaper and posted in three of the most public places in the city, towit: For one publication, the publication in a newspaper on the .......... dayof the month of . of the year .., and was posted on the .......... day ofthe month of . of the year
That thereafter, on the .......... day of the month of. of the year .., an election was held at which the proposed charter wassubmitted to the qualified electors of the city, and the returns of theelection were canvassed by the governing body at a meeting held on the.......... day of the month of . of the year .., and the result of theelection was found to be as follows: For the proposed charter, ........ votes;against the proposed charter, ........ votes. Majority for the proposedcharter, ........ votes.
Whereupon the charter was ratified by a majority of thequalified electors voting at the election.
And I further certify that the foregoing is a full,true and complete copy of the proposed charter voted upon and ratified asaforesaid.
In testimony whereof, I hereunto set my hand and affixthe corporate seal of the city this .......... day of the month of . of theyear
............................................................................. ,
Mayorof the city of...........................................
Attest:......................................... ,
Clerk of the city of ....................
[Part 5:192:1915; 1919 RL p. 2659; NCL 1252](NRS A1959, 128; 1987, 1708; 1993, 1042;
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1. Immediately after being certified as provided in
2. Thereafter any and all amendments to the chartershall be in a like manner recorded and attested.
3. When so recorded and attested, all courts in thisstate shall take judicial notice of the charter and all amendments thereto.
[Part 5:192:1915; 1919 RL p. 2659; NCL 1252](NRS A1959, 129)
NRS
1. Any city having adopted a charter pursuant to theprovisions of NRS 267.010 to
(a) All of the powers enumerated in the general laws ofthe State for the incorporation of cities.
(b) Such other powers necessary and not in conflictwith the Constitution and laws of the State of Nevada to carry out thecommission form of government.
2. The charter, when submitted, must:
(a) Fix the number of commissioners, their terms ofoffice and their duties and compensation.
(b) Provide for all necessary appointive and electiveofficers for the form of government therein provided, and fix their salariesand emoluments, duties and powers.
(c) Fix, in accordance with the provisions of
[6:192:1915; 1919 RL p. 2660; NCL 1253](NRS A1959, 130; 1969, 678; 1987, 366, 1709, 1731; 1997, 3475;
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[7:192:1915; 1919 RL p. 2661; NCL 1254](NRS A1959, 130; 1987, 1710)
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(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)
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1. The governing body of a city having the type ofcommission form of government described in paragraph (b) of subsection 1 of
2. The land improvement fund may be composed of:
(a) Moneys transferred from any capital improvementfund existing pursuant to the provisions of the charter when so authorized bythe registered voters of the city at an election.
(b) Moneys contributed from the general fund of thecity by action of the governing body, which contributions need not be repaid tothe general fund of the city.
(c) Such portion of the proceeds received by the cityfrom the lease and sale of the real property as may be provided for by thecharter or by city ordinance.
(d) Any other moneys the deposit of which in the landimprovement fund is budgeted for by the governing body or authorized by theregistered voters of the city.
3. Moneys in the land improvement fund may be expendedfor:
(a) Preparation of real property for sale or lease andcosts incidental thereto.
(b) Acquisition and construction of improvements onsuch real property prior to its sale or lease.
(Added to NRS by 1963, 641; A 1965, 737; 1975, 1681)
NRS
1. The governing body of an incorporated city having acommission form of government may, on its own motion, and shall, upon receivinga written petition signed by a number of registered voters of the city not lessthan 25 percent of the number who actually voted at the preceding municipalgeneral election seeking the discontinuance and termination in the city of thecommission form of government:
(a) If the incorporated city has a commission form ofgovernment described in paragraph (a) of subsection 1 of
(b) If the incorporated city has a commission form ofgovernment described in paragraph (b) of subsection 1 of
2. The proposition appearing on the ballot must be insubstantially the following terms: For termination of the commission form ofgovernment and repeal of the charter and Against termination of thecommission form of government and repeal of the charter.
3. Following the election and canvass of returns, ifit is found that a majority of the votes cast on the issue has been cast forthe discontinuance and termination in the city of the commission form ofgovernment and for repeal of the charter, the governing body shall proclaim thecharter repealed effective:
(a) Immediately if the Legislature has not enacted aspecial charter for the city and the provisions of chapter266 of NRS supersede the provisions of NRS267.010 to 267.140, inclusive, as tothe city; or
(b) On the date any special charter of the city enactedby the Legislature may become effective.
4. If, following the election and canvass of returns,it is found that a majority of the votes cast on the issue has been castagainst the discontinuance and termination in the city of the commission formof government and against the repeal of the charter, the commission form ofgovernment and charter continue in effect.
[8a:192:1915; added 1929, 118; NCL 1256](NRS A1959, 131; 1971, 319; 1987, 1710; 1993, 1043)
CONTRACTS WITH FEDERAL GOVERNMENT RELATING TO FACILITIESFOR DRAINAGE, SEWERAGE AND WATER
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(Added to NRS by 1969, 248)
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(Added to NRS by 1969, 248)
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(Added to NRS by 1969, 248)
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(Added to NRS by 1969, 249)
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(Added to NRS by 1969, 249)
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(Added to NRS by 1969, 249)
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(Added to NRS by 1969, 249)
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(Added to NRS by 1969, 249; A 1979, 526; 1987, 1711)
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(Added to NRS by 1969, 249)
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(Added to NRS by 1969, 249)
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(Added to NRS by 1969, 249)
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1. To request the Federal Government to undertake anyproject for the municipality; and
2. To negotiate for, to obtain and enter into, and tocause to be executed such contracts, documents and other instruments as arenecessary or appropriate to carry such requests into effect, subject to theapproval by the qualified electors of the municipality of a questionauthorizing the incurrence of an indebtedness by the municipality by makingsuch an agreement in the manner provided in NRS350.020 to 350.070, inclusive.
(Added to NRS by 1969, 250; A 1981, 954)
NRS
1. Obligate the municipality to repay to the FederalGovernment the cost of the project undertaken by it for the municipality,including without limitation all incidental costs pertaining thereto, over aterm of not exceeding 40 years commencing on any specified date in the calendaryear next following the calendar year in which the project is completed or isestimated to be completed in any such contract between the municipality and theFederal Government, or in any other such document or any other such instrument,whichever period is later, and otherwise upon such terms and conditions andwith such other provisions as the municipality and the Federal Government mayprovide, except as otherwise provided in NRS267.450 to 267.530, inclusive.
2. Obligate the municipality to pay to the FederalGovernment interest on the project cost, except to the extent an allowance ismade in the project cost for interest during the period of construction orduring any other period determined by the municipality and the FederalGovernment, at a rate or rates which do not exceed by more than 3 percent:
(a) For general obligations, the Index of Twenty Bonds;and
(b) For other obligations, the Index of Revenue Bonds,
which is ineffect at the time the agreement is made.
3. Obligate the municipality to operate and maintainthe facilities resulting from the project or otherwise pertaining thereto, insuch manner, upon such terms and conditions, and otherwise with such otherprovisions as the municipality and the Federal Government may provide.
4. Pledge the full faith and credit of themunicipality for the payment of the money due under such contracts, documentsand other instruments.
5. Provide for the payment of such money as generalobligations or special obligations of the municipality, or as generalobligations of the municipality the payment of which is additionally secured bya pledge of revenues derived from any utility or other income-producing projectof the municipality legally available therefor.
6. Otherwise pledge the full faith and credit of themunicipality for the performance and observance of all covenants, conditions,limitations, promises and undertakings made or specified to be kept, observedor fulfilled on the part of the municipality in any such contract with theFederal Government.
7. Exercise any combination of powers provided in
(Added to NRS by 1969, 250; A 1971, 2098; 1975, 843;1981, 1406; 1983, 577)
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(Added to NRS by 1969, 251; A 1997, 1605)
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(Added to NRS by 1969, 251)
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1. This section and NRS267.520 shall operate to supply such legislative authority as may benecessary to validate any such contracts, documents and other instrumentspertaining to any project, to validate any such project, and to validate allacts and proceedings preliminary thereto and prior to March 28, 1969, had ortaken which the Legislature could have supplied or provided for in
2. This section and NRS267.520, however, shall be limited to the validation of contracts,documents, other instruments, projects, acts and proceedings to the extent towhich they can be effectuated under the state and federal constitutions.
3. This section and NRS267.520 shall not operate to validate, ratify, approve, confirm or legalizeany contract, document, other instrument, project, act, proceeding or any othermatter which has been determined prior to March 28, 1969, in any legalproceeding to be illegal, void or ineffective.
(Added to NRS by 1969, 251)
NRS
(Added to NRS by 1969, 252)
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