Article CH-1 ARTICLE I Incorporation of City; General Powers; Boundaries; Words and Annexations; City Offices
Prior to the adoption of Legislative Updates on 11/13/2000, Article CH-1 read as follows.
ARTICLE I
INCORPORATION OF CITY; GENERAL POWERS; BOUNDARIES;
WARDS AND ANNEXATIONS; CITY OFFICES
Section 1.010 Preamble: Legislative intent.
1. In order to provide for the orderly government of the City of Elko and the
general welfare of its
citizens the legislature hereby establishes this charter for the government of the City of Elko. It
is
expressly declared as the intent of the legislature that all provisions of this charter be liberally
construed to carry out the express purposes of the charter and that the specific mention of
particular powers shall not be construed as limiting in any way the general powers necessary to
carry out the purposes of the charter.
2. Any powers expressly granted by this charter are in addition to any powers
granted to a city
by the general law of this state. All provisions of Nevada Revised Statutes which are applicable
generally to cities (not including, unless otherwise expressly mentioned in this charter, chapter
265, 266 or 267 of NRS) which are not in conflict with the provisions of this charter apply to the
City of Elko.
Sec. 1.020 Incorporation of city.
1. All persons who are inhabitants of that portion of the State of Nevada embraced
within the
limits set forth in section 1.030 shall constitute a political and corporate body by the name of "City
of Elko" and by that name they and their successors shall be known in law, have perpetual
succession and may sue and be sued in all courts.
2. Whenever used throughout this charter, "city" means the City of
Elko.
Sec. 1.030 Description of territory. The territory embraced in the city is that certain land
described in the official plat required by NRS 234.250 to be filed with the county recorder and
county assessor of Elko County, as such plat is revised from time to time.
Sec. 1.040 Annexations.
1. There is hereby created the city annexation commission.
2. The number, qualifications, terms and selection of the members of such commission shall
be
determined by the board of supervisiors
3. The commission shall have all the powers and duties of a city annexation
commission
created pursuant to NRS 268.626 with respect to annexations to the city.
Sec. 1.050 Elective offices.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Four supervisors.
2. Such officers shall be elected as provided by this charter.
Sec. 1.060 Elective offices: Vacancies. Except as otherwise provided in NRS 268.325:
1. A vacancy in the board of supervisors shall be filled by a majority vote of
the remaining
members within 30 days after the occurrence of such vacancy. A person may be selected to fill a
prospective vacancy in the board before the vacancy occurs. In such a case, each member of the
board, except any member whose term of office expires before the occurrence of the vacancy,
may participate in any action taken by the board pursuant to this section. The appointee must
have the same qualifications as are required of the elective official.
2. No such appointment shall extend beyond the first Monday in July after the
next municipal
election, at which election the office shall be filled.
Sec. 1.070 Appointive offices.
1. The board of supervisors of the city shall appoint the following officers:
(a) City clerk.
(b) City attorney.
(c) Chief of police.
(d) Municipal judge.
(e) Fire chief.
(f) City manager.
(g) City engineer, who may be the city manager.
2. The board of supervisors shall have the power to establish such other offices
and to appoint
such other officers as it may deem necessary.
Sec. 1.080 Appointive officers: Duties; salary.
1. All appointive officers of the city shall perform such duties under the direction
of the city
manager as may be designated by the board of supervisors.
2. All appointive officers of the city shall receive such salary as may be designated
by the board
of supervisors.
Sec. 1.090 Officers' performance bonds. The board of supervisors may require from all officers
and employees of the city constituted or appointed under this charter, except supervisors,
sufficient security for the faithful and honest performance of their respective duties.
Sec. 1.100 Mayor and members of board of supervisors not to hold other office.
1. The mayor and members of the board of supervisors shall not:
(a) Hold any other elective office with Elko County or the city, except as provided by law or as a
member of a board or commission for which no compensation is received.
(b) Be elected or appointed to any office created by or the compensation for which was increased
or fixed by the board of supervisors until 1 year after the expiration of the term for which such
person was elected.
2. An person holding any office proscribed by subsection 1 shall automatically
forfeit his office
as mayor or supervisor.
Sec. 1.110 Oath of office. Every person elected or appointed to fill any office shall subscribe
to
the official oath as provided by the board of supervisors. Every such person shall swear or affirm
that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any
office, position or employment in the city government.