Article CH-1 ARTICLE I Incorporation of City; General Powers; Boundaries; Words and Annexations; City Offices

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. 1.050 Elective offices.

1. The elective officers of the city consist of:

(a) A mayor.

(b) Four members of the city council .

2. Such officers must 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 city council must be filled by a majority vote of the members of the city council within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the city council before the vacancy occurs. In such a case, each member of the city council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the city council pursuant to this section. The appointee must have the same qualifications as are required of the elective official.

2. No such appointment extends 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 city council of the city shall appoint the following officers:

(a) City clerk.

(b) City attorney.

(d) Municipal judge.

(e) Fire chief.

(f) City manager.

(g) City engineer, who may be the city manager.

2. The city council may establish such other offices and 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 city council .

2. All appointive officers of the city shall receive such salary as may be designated by the city council .

Sec. 1.090 Officers' performance bonds. The city council may require from all officers and employees of the city constituted or appointed under this charter,other than members of the city council , sufficient security for the faithful and honest performance of their respective duties.

Sec. 1.100 Mayor and members of city council not to hold other office.

1. The mayor and the members of the city council :

(a) Shall not hold any other elective office with Elko County or the city, except as otherwise provided by law or as a member of a board or commission for which no compensation is received.

(b) Must not be elected or appointed to any office created by or the compensation for which was increased or fixed by the city council until 1 year after the expiration of the term for which such person was elected.

2. Any person holding any office proscribed by subsection 1 automatically forfeits his office as mayor or as member of the city council .

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 city council. 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.

(Ord. AB11, Amended, 10/02/2001, Prior Text; Legislative Updates, Amended, 11/13/2000, Prior Text)