Bill > AB55

Introduced Session

Legislative Counsel's Digest: Sections 1, 2, 5, 7, 9and 15-21of this bill make grammatical and clarifying 1 changes to various provisions of the Charter of the City of North Las Vegas. 2 The existing Charter of the City of North Las Vegas: (1) authorizes the City 3 Council to hold a special meeting on the call of the Mayor or by a majority of the 4 City Council; and (2) prohibits the City Council from making certain contracts 5 involving the expenditure of money or allowing claims at a special meeting. (North 6 Las Vegas City Charter 2.050) Section 3of this bill eliminates this prohibition 7 and authorizes the City Council to also hold an emergency meeting on the call of 8 the Mayor or by a majority of the City Council. 9 The existing Charter of the City of North Las Vegas establishes the procedure 10 for enacting an ordinance. (North Las Vegas City Charter 2.100) Section 4of this 11 bill provides that if action on an introduced ordinance is postponed to a future 12 meeting of the City Council, the City Council is not required to introduce the 13 ordinance again before taking action on the ordinance. 14 The existing Charter of the City of North Las Vegas authorizes the City 15 Council to regulate and prevent in all public places: (1) the distribution and 16 exhibition of handbills or signs; (2) any practice tending to annoy persons passing 17 in such public places; and (3) public demonstrations and processions. (North Las 18 Vegas City Charter 2.200) Section 6of this bill provides the City Council may 19 regulate or prevent such behavior to the extent permissible under the Nevada 20 Constitution and the United States Constitution. 21 The existing Charter of the City of North Las Vegas gives the City Council 22 certain powers related to animals and poultry. (North Las Vegas City Charter 23 2.250) Section 8of this bill removes the reference to poultry and authorizes the 24 City Council to establish an animal shelter rather than a pound. 25 The existing Charter of the City of North Las Vegas sets forth the duties of the 26 City Clerk. (North Las Vegas City Charter 3.040) Section 10of this bill revises 27 the duties of the City Clerk. 28 The existing Charter of the City of North Las Vegas provides that the City 29 Attorney may be removed by a vote of the majority of the entire City Council at 30 any time. (North Las Vegas City Charter 3.050) Section 11of this bill specifies 31 that the removal of the City Attorney must also be in accordance with the terms of 32 his or her employment contract. 33 The existing Charter of the City of North Las Vegas authorizes the City 34 Council to take certain legal action for the collection and disposition of certain 35 money. (North Las Vegas City Charter 3.090) Section 12of this bill authorizes 36 the City Manager and City Attorney to also take such legal action. 37 Section 13of this bill authorizes the City Council to appoint one or more 38 Hearing Commissioners to hear and decide certain actions. Section 14of this bill 39 makes a conforming change related to such an appointment. 40 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Section 2.020 of the Charter of the City of North 1 Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended 2 by chapter 723, Statutes of Nevada 1973, at page 1437, is hereby 3 amended to read as follows: 4 Sec. 2.020 City Council: Contracts; conflict of interest. 5 1. Members of the City Council may vote on any lease, 6 contract or other agreement which extends beyond their terms 7 of office. 8 2. No member of the City Council, including the Mayor, 9 shall: 10 (a) Be pecuniarily interested, directly or indirectly, in any 11 contract let entered into by the City, or in any transaction 12 wherein the rights or liberties of the City are, or may be 13 involved. This paragraph does not apply to contracts for 14 utilities and other services provided for the public by the City 15 under this Charter and the ordinances thereunder, when the 16 Council Member or Mayor applies for and receives such 1 services in the same manner and pays the same established 2 rates and charges as any member of the public. 3 (b) Be interested directly or indirectly in any public work 4 or contract let, entered into, supervised or controlled, or 5 which is paid wholly, or in part, by the City. This paragraph 6 does not preclude or discharge a Council Member or the 7 Mayor from paying his or her proportionate share of the cost 8 of any public works when he or she has become obligated in 9 the same manner as any member of the public, nor does it 10 prohibit a Council Member or the Mayor from enjoying the 11 benefits of a work constructed for the benefit of the public in 12 the same manner as any other member of the public. 13 (c) Become the surety of any person on any bond or other 14 obligation running to the City. 15 Sec. 2. Section 2.035 of the Charter of the City of North Las 16 Vegas, being chapter 573, Statutes of Nevada 1971, at page 1213, is 17 hereby amended to read as follows: Sec. 2.035 City Council: Discipline and subpoena 19 power. 20 1. The City Council may order the attendance of 21 witnesses and the production of all papers documents and 22 data relating to any business before the City Council. 23 2. If any person ordered to appear before the City 24 Council fails to obey such order: 25 (a) The City Council or any member thereof may apply to 26 the clerk of the district court for a subpoena commanding the 27 attendance of the person before the City Council. 28 (b) Such clerk may issue the subpoena, and any peace 29 officer may serve it. 30 (c) If the person upon whom the subpoena is served fails 31 to obey it, the court may issue an order to show cause why 32 such person should not be held in contempt of court and upon 33 hearing of the matter may adjudge such person guilty of 34 contempt and punish him or her accordingly. 35 Sec. 3. Section 2.050 of the Charter of the City of North Las 36 Vegas, being chapter 573, Statutes of Nevada 1971, as amended by 37 chapter 301, Statutes of Nevada 1979, at page 451, is hereby 38 amended to read as follows: 39 Sec. 2.050 Meetings: Special . or emergency 40 meetings. 41 1. Special In addition to regular meetings, special or 42 emergency meetings of the City Council may be held on call 43 of the Mayor or by a majority of the City Council. Notice of 44 any special meeting must comply with the requirements of 1 NRS 241.020. 2 2. At a special meeting: 3 (a) No contract involving the expenditure of money, 4 except emergency purchases, may be made or claim allowed. (b) No business may be transacted except such as has 6 been stated in the call of the meeting. 7 (c) (b) No ordinance may be passed except an 8 emergency ordinance, or one specified in section 7.040. 9 Sec. 4. Section 2.100 of the Charter of the City of North Las 10 Vegas, being chapter 573, Statutes of Nevada 1971, as last amended 11 by chapter 208, Statutes of Nevada 2005, at page 679, is hereby 12 amended to read as follows: 13 Sec. 2.100 Ordinances: Enactment procedure; 14 emergency ordinances. 15 1. All proposed ordinances when first proposed 16 introduced must be read to the City Council by title, after 17 which an adequate number of copies of the proposed 18 ordinance must be filed with the City Clerk for public 19 distribution. Except as otherwise provided in subsection 3, 20 notice of the filing must be published once in a newspaper 21 qualified pursuant to the provisions of chapter 238 of NRS , 22 as amended from time to time, and published in the City at 23 least 10 days before the adoption of the ordinance. 24 2. Not later than the second regular meeting of the City 25 Council following the proposal introduction of an 26 ordinance, it the proposed ordinance must be read by title 27 as first introduced , and any amendment must to the 28 proposed ordinance may be proposed . and voted upon and 29 thereupon the proposed ordinance, with any adopted 30 amendments, The proposed ordinance, with or without 31 amendment, must be finally voted upon or action thereon 32 postponed. If action on the proposed ordinance is 33 postponed, any amendment may be proposed and the 34 proposed ordinance may be finally voted upon at any future 35 meeting of the City Council without having to introduce the 36 ordinance again. 37 3. Where the ordinance is of a kind specified in section 38 7.040, by unanimous consent a special or emergency meeting 39 may be called pursuant to section 2.050 for the purpose of 40 taking final action, and by a majority vote of the City Council 41 final action may be taken immediately and no notice of the 42 filing of the copies of the proposed ordinance with the City 43 Clerk need be published. It shall become effective 44 immediately upon passage. 45 4. All ordinances must be signed by the Mayor, attested 1 by the City Clerk and published in the City, at least once, 2 by title, together with the names of the Council Members 3 voting for or against passage, in a newspaper qualified 4 pursuant to the provisions of chapter 238 of NRS , as 5 amended from time to time, before the ordinance, except as 6 otherwise provided in subsection 3, becomes effective. The 7 City Council may, by a majority vote, order the publication of 8 the ordinance in full in lieu of publication by title only. 9 5. The City Clerk shall maintain a record of all 10 ordinances, together with the affidavits of publication by the 11 publisher, until disposed of in accordance with law. 12 Sec. 5. Section 2.120 of the Charter of the City of North Las 13 Vegas, being chapter 573, Statutes of Nevada 1971, at page 1215, is 14 hereby amended to read as follows: Sec. 2.120 Powers of City Council: Public property, 16 buildings. 17 1. The City Council may: 18 (a) Control the property of the corporation. City. (b) Erect and maintain all buildings necessary for the 20 use of by the City. (c) Purchase, receive, hold, sell, lease, convey and 22 dispose of property, wherever situated, for the benefit of the 23 City, improve and protect such property, and do all other 24 things in relation thereto which natural persons might do. 25 2. The City Council may not, except as otherwise 26 specifically provided by this Charter or any other law, 27 mortgage, hypothecate or pledge any property of the City for 28 any purpose. 29 Sec. 6. Section 2.200 of the Charter of the City of North Las 30 Vegas, being chapter 573, Statutes of Nevada 1971, at page 1217, is 31 hereby amended to read as follows: Sec. 2.200 Powers of City Council: Rights-of-way, 33 parks, public buildings and grounds and other public places. 34 The City Council may: 35 1. Lay out, maintain, alter, control, improve or vacate all 36 public rights-of-way in the City. 37 2. Acquire and regulate the use of public parks, 38 buildings, grounds and rights-of-way and prevent the 39 unlawful use thereof. 40 3. Require landowners to keep the adjacent streets, 41 sidewalks and public parks, buildings and grounds free from 42 encroachments or obstructions. 43 4. Regulate and To the extent permissible under the 1 Nevada Constitution and the United States Constitution, 2 regulate or prevent in all public places: 3 (a) The distribution and exhibition of handbills or signs. 4 (b) Any practice tending to annoy persons passing in such 5 public places. 6 (c) Public demonstrations and processions. 7 5. Prevent riots or any act tending to promote riots. 8 Sec. 7. Section 2.220 of the Charter of the City of North Las 9 Vegas, being chapter 573, Statutes of Nevada 1971, at page 1217, is 10 hereby amended to read as follows: Sec. 2.220 Powers of City Council: Parking meters; off-12 street public parking facilities. 13 1. The City Council may acquire, install, maintain, 14 operate and regulate parking meters at the curbs of on the 15 streets of the City or upon publicly owned property made 16 available for public parking. The parking fees to be charged 17 for the use of the parking facilities regulated by parking 18 meters shall be fixed by the City Council. 19 2. Except as otherwise provided by this Charter, the City 20 Council may acquire property within the city City by any 21 lawful means, including eminent domain, for the purpose of 22 establishing off-street public parking facilities for vehicles. 23 The City Council may authorize the issuance of general 24 obligation revenue bonds or revenue bonds for the purpose of 25 acquiring such property and erecting such improvements 26 thereon as are permitted by the provisions of section 7.040. 27 The City Council may, in such bonds, pledge the on-street 28 parking revenues, the general credit of the City, or both, to 29 secure the payment of the principal and interest thereon. 30 Sec. 8. Section 2.250 of the Charter of the City of North Las 31 Vegas, being chapter 573, Statutes of Nevada 1971, at page 1218, is 32 hereby amended to read as follows: Sec. 2.250 Powers of City Council: Animals . and 34 poultry. The City Council may: 1. Fix, impose and collect an annual fee on all animals 36 and provide for the capture and disposal of all animals on 37 which the fee is not paid. 38 2. Regulate or prohibit the running at large and disposal 39 of all kinds of animals . and poultry. 3. Establish a pound. an animal shelter. 4. Prohibit cruelty to animals. 42 Sec. 9. Section 3.020 of the Charter of the City of North Las 43 Vegas, being chapter 573, Statutes of Nevada 1971, as amended by 44 chapter 301, Statutes of Nevada 1979, at page 452, is hereby 1 amended to read as follows: 2 Sec. 3.020 City Manager: Powers and duties. 3 1. The City Manager is the Chief Administrative Officer 4 of the City. He or she is responsible to the City Council for 5 the efficient and proper administration of all City affairs 6 placed in his or her charge by or under this Charter. 7 2. The City Manager shall: 8 (a) Except as otherwise provided by law, this Charter, or 9 personnel rules adopted pursuant to this Charter, appoint, and 10 when he or she deems it necessary for the good of the service, 11 discharge or suspend all City employees and appointed 12 administrative officers provided for by this Charter. He or she 13 may authorize any administrative officer who is subject to his 14 or her direction and supervision to exercise the powers 15 enumerated in this paragraph with respect to subordinates in 16 that officer s department, office or agency. 17 (b) Direct and supervise the administration of all 18 departments, offices and agencies of the City, except: 19 (1) As otherwise provided by law; and 20 (2) For any department, office or agency whose head 21 is not appointed by the City Manager. 22 (c) Attend all City Council meetings and have the right to 23 take part in all discussions. The City Manager may not vote. 24 (d) Be responsible for the enforcement of all laws, 25 provisions of this Charter and acts of the City Council subject 26 to enforcement by the City Manager or by his or her officers 27 subject to his or her direction and supervision. 28 (e) Prepare and submit the annual budget and capital 29 program to the City Council. 30 (f) Submit to the City Council and make available to the 31 public a complete report on the finances and administrative 32 activities of the City as of the end of each fiscal year. 33 (g) Make such other reports as the City Council may 34 require concerning the operations of City departments, offices 35 and agencies subject to his or her direction and supervision. 36 (h) Keep the City Council fully advised as to the financial 37 condition and future needs of the City and make such 38 recommendations to the City Council concerning the affairs 39 as he or she deems desirable. 40 (i) Perform such other duties as are specified in this 41 Charter or which may be required by the City Council. 42 Sec. 10. Section 3.040 of the Charter of the City of North Las 43 Vegas, being chapter 573, Statutes of Nevada 1971, as amended by 44 chapter 373, Statutes of Nevada 2005, at page 1416, is hereby 1 amended to read as follows: 2 Sec. 3.040 City Clerk: Office; duties. 3 1. The City Clerk shall: 4 1. (a) Keep his or her office at the place of meeting of 5 the City Council or some other place convenient thereto, as 6 the City Council may direct. 7 2. (b) Keep the corporate seal and all official papers 8 and records of the City , including, without limitation, 9 contracts, agreements, documents, resolutions, ordinances, 10 minutes and keep official city election records. (c) Keep a record of the proceedings of, and be the Clerk 12 of the City Council, whose meetings it shall be his or her duty 13 to attend. Copies of all papers filed in his or her office, and 14 transcripts from all records of the City Council certified by 15 him or her, under the corporate seal, shall be evidence in all 16 courts to the same effect as if the original were produced. 3. Supervise and coordinate administrative and 18 responsible clerical work relating to the functions of the City 19 Council. 4. Attend all meetings of the City Council. 5. (d) Record votes of members of the City Council. 6. (e) Direct the transcription and keeping of minutes 23 and official records and the making and keeping of audio 24 recordings or transcripts of all City Council meetings. 25 7. (f) Countersign official contracts, bonds and other 26 official City documents. 27 8. Be the custodian of all official City records, 28 including contract and agreement documents, resolutions, 29 ordinances, official minute book and the corporate seal. 9. (g) Make arrangements for regular, special or 31 informal emergency meetings other than the regular 32 meetings of the City Council. 10. (h) Supervise the operation and maintenance of a 34 central file system for all departments the records 35 management system of the City. 36 11. (i) Supervise the recruitment of all election 37 workers, the printing of all ballots and tally of for city 38 elections. 39 (j) Certify the election returns. 40 12. Serve as custodian of official election records for all 41 City elections. 13. (k) Administer official oaths for the City. 2. Copies of all papers filed in the office of the City 44 Clerk and transcripts from all records of the City Council 45 certified by him or her, under the corporate seal, shall be 1 evidence in all courts to the same effect as if the original 2 were produced. 3 Sec. 11. Section 3.050 of the Charter of the City of North Las 4 Vegas, being chapter 573, Statutes of Nevada 1971, as last amended 5 by chapter 146, Statutes of Nevada 2001, at page 748, is hereby 6 amended to read as follows: 7 Sec. 3.050 City Attorney: Appointment; salary; 8 qualifications; duties; removal; contract in lieu of or in 9 addition to appointment. 10 1. Except as otherwise provided in subsection 6, the City 11 Council shall appoint a City Attorney and fix his or her 12 salary. 13 2. The City Attorney and any attorney with whom the 14 City Council enters into a contract pursuant to subsection 6 15 must be a licensed member of the State Bar of Nevada. 16 3. The City Attorney is the Chief Legal Officer of the 17 City and shall perform such duties as may be designated by 18 the City Council or prescribed by ordinance. 19 4. The City Attorney is under the general direction and 20 supervision of the City Council. 21 5. The City Attorney serves at the pleasure of the City 22 Council and may be removed at any time in accordance with 23 the terms of the City Attorney s employment contract by an 24 affirmative vote of a majority of the entire membership of the 25 City Council . at any time. 6. In lieu of or in addition to appointing a City Attorney 27 pursuant to subsection 1, the City Council may enter into a 28 contract with one or more attorneys employed by or 29 associated with a professional corporation, partnership or 30 limited-liability company that engages in the practice of law 31 in this state State to perform all or a portion of the duties of 32 the City Attorney. If the City Council enters into such a 33 contract, the City Council shall ensure that the contract 34 specifies the duties to be performed and the compensation 35 payable for the performance of those duties. 36 7. An attorney with whom the City Council enters into a 37 contract to perform all or a portion of the duties of the City 38 Attorney pursuant to subsection 6 has, for each of the duties 39 specified in the contract, all the powers and duties otherwise 40 conferred upon a City Attorney who is appointed pursuant to 41 subsection 1. 42 Sec. 12. Section 3.090 of the Charter of the City of North Las 1 Vegas, being chapter 573, Statutes of Nevada 1971, at page 1222, is 2 hereby amended to read as follows: Sec. 3.090 City officers: Collection and disposition of 4 moneys. 5 1. All taxes, fines, forfeitures or other moneys collected 6 or recovered by any officer employee of the City or other 7 person pursuant to the provisions of this Charter or of any 8 valid ordinance of the City shall be paid by the officer 9 employee or person collecting or receiving them to the 10 Director of Finance, who shall dispose of them in accordance 11 with the ordinances, regulations and procedures established 12 by the City Council. 13 2. The City Council , City Manager or City Attorney 14 may by proper legal action: 15 (a) Collect all moneys which are due and unpaid to the 16 City or any office thereof; and 17 (b) Pay from the General Fund all fees and expenses 18 necessarily incurred by it in connection with the collection of 19 such moneys. 20 (c) Provide for the imposition of reasonable interest 21 charges on any fees, debts, obligations or assessments owed 22 to the City. 23 Sec. 13. The Charter of North Las Vegas, being chapter 573, 24 Statutes of Nevada 1971, at page 1210, is hereby amended by 25 adding thereto a new section to be designated as section 4.025, 26 immediately following section 4.020, to read as follows: 27 Sec. 4.025 Hearing Commissioners. 28 1. The City Council may appoint one or more Hearing 29 Commissioners to hear and decide: 30 (a) Any action for a misdemeanor constituting a 31 violation of chapters 484A to 484E, inclusive, of NRS, 32 except NRS 484C.110; and 33 (b) Any action for a misdemeanor constituting a 34 violation of the North Las Vegas Municipal Code, except 35 sections 10.28.020 to 10.28.060, inclusive, of that Code. 36 2. Each Hearing Commissioner appointed pursuant to 37 this section must: 38 (a) Be a duly licensed member, in good standing, of the 39 State Bar of Nevada; 40 (b) Be a resident of this State; and 41 (c) Not have ever been removed or retired from any 42 judicial office by the Commission on Judicial Discipline. 43 3. In connection with any action of a type described in 44 subsection 1, a Hearing Commissioner has all of the powers 45 and duties of a Municipal Judge and a magistrate pursuant 1 to the laws of this State. To the extent possible and 2 practicable, the proceedings in such actions must be subject 3 to and governed by the provisions of the laws of this State, 4 this Charter and city ordinances pertaining to Municipal 5 Judges. 6 4. Hearing Commissioners appointed pursuant to this 7 section shall receive such compensation as may be allowed 8 by the City Council. 9 Sec. 14. Section 4.030 of the Charter of the City of North Las 10 Vegas, being chapter 573, Statutes of Nevada 1971, at page 1223, is 11 hereby amended to read as follows: Sec. 4.030 Intermittent periods of incarceration. If a 13 sentence of imprisonment is imposed by the Municipal Judge 14 , or a Hearing Commissioner, the Municipal Judge or 15 Hearing Commissioner, as applicable, may order 16 intermittent periods of incarceration so long as the entire 17 sentence will be completed within 6 months from the date of 18 sentence. The periods of incarceration may be varied from 19 time to time with consent of the defendant, but the total time 20 of incarceration may not be increased. 21 Sec. 15. Section 7A.010 of the Charter of the City of North 22 Las Vegas, being chapter 584, Statutes of Nevada 1983, as amended 23 by chapter 404, Statutes of Nevada 2005, at page 1595, is hereby 24 amended to read as follows: 25 Sec. 7A.010 Legislative declaration. The Legislature 26 by the inclusion of this article in this Charter declares that: 27 1. All of the property which is to be acquired by the 28 city City pursuant to this article must be owned, operated, 29 administered and maintained for and on behalf of all of the 30 people of the City. 31 2. The exercise by the City of the purposes, powers, 32 rights, privileges, immunities and duties which are 33 established, granted, conferred and imposed in this article 34 promotes the public health, safety, prosperity, security, 35 comfort, convenience and general welfare of all of the people 36 of the State and will be of special benefit to the inhabitants of 37 the City and the property within the City. 38 3. The provisions in this article which involve the 39 purposes, powers, rights, privileges, immunities, liabilities, 40 duties and disabilities with respect to the City will serve a 41 public purpose. 42 4. The necessity for this article results from: 43 (a) The large population growth in the urban areas which 44 are included within the City and its environs, which 45 constitutes in the aggregate a significant portion of the State s 1 population; 2 (b) The numerous capital improvements and large amount 3 of improved real property which is situate situated within 4 the urban areas; 5 (c) The need for capital improvements within certain 6 areas within the City to provide needed services, facilities and 7 other improvements for public use; 8 (d) The existence of blighted or deteriorating areas within 9 the City which constitutes a serious and growing menace 10 which is condemned as injurious and inimical to the public 11 health, safety and general welfare of the people of the State, 12 and particularly of the City; 13 (e) The lack of municipally owned capital improvements 14 and the blighted or deteriorating areas which present 15 difficulties and handicaps beyond remedy and control solely 16 by the regulatory processes in the exercise of the police 17 power; and 18 (f) Deficiencies which also constitute an economic and 19 social liability which imposes onerous municipal burdens 20 which decrease the tax base and reduce tax revenues, 21 aggravate traffic hazards and the improvement of the traffic 22 facilities. 23 5. The menace which results from the foregoing factors 24 is becoming increasingly direct and substantial in its 25 significance and effect. 26 6. The benefits which the City will derive from the 27 remedying of these deficiencies by making available 28 additional revenues to defray indirectly the costs of 29 undertakings within the City which are authorized by NRS 30 268.672 to 268.740, inclusive, the development of mixed-use 31 and transit-oriented communities, and the redevelopment of 32 blighted or deteriorating areas within the City will inure to the 33 inhabitants and the property owners of the City as a whole, 34 will be of general benefit to those people and will be of 35 special benefit to the taxable real property within a tax 36 increment area and to the owners of that property. 37 7. The method of paying the bond requirements of the 38 securities which are issued pursuant to this article is equitable 39 and enables the City to issue securities to defray the cost of 40 any project. 41 8. A general law cannot be made applicable to the City 42 or to the properties, powers, rights, privileges, immunities, 43 liabilities, duties and disabilities which pertain to the City, as 44 provided in this article, because of the number of atypical 1 factors and special conditions with respect to them. 2 9. For the accomplishment of the purposes which are 3 provided in this section, each of the provisions of this article 4 must be broadly construed. 5 Sec. 16. Section 7A.040 of the Charter of the City of North 6 Las Vegas, being chapter 584, Statutes of Nevada 1983, at page 7 1852, is hereby amended to read as follows: Sec. 7A.040 Cost of the undertaking defined. Cost 9 of the undertaking, or any phrase of similar import, means 10 the cost of any project as the latter phrase is defined in 11 NRS 350.516. 12 Sec. 17. Section 7A.060 of the Charter of the City of North 13 Las Vegas, being chapter 584, Statutes of Nevada 1983, at page 14 1852, is hereby amended to read as follows: Sec. 7A.060 Facilities defined. 16 1. Facilities means buildings, structures, utilities or 17 other properties which pertain to any undertaking or project 18 which is authorized in this article, including without 19 limitation income-producing facilities and facilities which are 20 acquired with the proceeds of bonds or other securities which 21 are issued under that article. 22 2. The term includes all of the properties, real, personal, 23 mixed or otherwise, which are acquired by the City or the 24 public body, as the case may be, by any undertaking for any 25 one or more projects through purchase, condemnation, 26 construction or otherwise and are used in connection with any 27 of those projects and related services or in any way which 28 pertains to those projects or services, whether they are 29 situate situated within or without, or both within and 30 without, the corporate boundaries of the City or the territorial 31 limits of the public body, as the case may be. 32 Sec. 18. Section 7A.150 of the Charter of the City of North 33 Las Vegas, being chapter 584, Statutes of Nevada 1983, at page 34 1854, is hereby amended to read as follows: Sec. 7A.150 Authorization of tax increment area. 36 1. Except as is provided in subsections 2 and 3, the City 37 Council, on behalf of the City and in its name, may at any 38 time designate a tax increment area within the City to create a 39 special account for the payment of bonds or other securities 40 which are issued to defray the cost of the acquisition, 41 improvement or equipment (or any combination thereof) of 42 any project which is authorized in NRS 268.672 to 268.740, 43 inclusive, including without limitation the condemnation of 44 property for the undertaking, as are supplemented by 45 NRS 350.500 to 350.720, inclusive, except as is otherwise 1 provided in this article. 2 2. A tax increment area may not be created by the City 3 Council if the total land area of the tax increment area 4 exceeds 10 percent of the total land area, or if the total initial 5 assessed valuation of the tax increment area exceeds 10 6 percent of the total assessed valuation of the taxable property 7 which is situate situated within the City. As used in this 8 subsection, initial assessed valuation means the assessed 9 value as shown on the assessment roll which was last 10 equalized before the designation of the area. 11 3. The right-of-way property of a railroad company 12 which is under the jurisdiction of the Interstate Commerce 13 Commission must not be included in a tax increment area 14 unless the inclusion of that property is mutually agreed upon 15 by the City Council and the railroad company. 16 Sec. 19. Section 7A.160 of the Charter of the City of North 17 Las Vegas, being chapter 584, Statutes of Nevada 1983, at page 18 1854, is hereby amended to read as follows: Sec. 7A.160 Limitation upon acquisition of facilities. 20 1. The City may not acquire, as a part of its facilities, 21 any property which, at the time of its acquisition, competes in 22 any area with then-existing properties of a public body which 23 provides the same or a similar function or service in the area, 24 but the facilities of the City may complement the existing 25 properties of a public body by providing in that area 26 supplemental functions or services, if the existing properties 27 provide inadequate functions or services. 28 2. The City may acquire properties of any public body 29 which are situate situated in the City as one undertaking or 30 a project of the City or an interest in that undertaking or 31 project. 32 Sec. 20. Section 7A.170 of the Charter of the City of North 33 Las Vegas, being chapter 584, Statutes of Nevada 1983, at page 34 1855, is hereby amended to read as follows: Sec. 7A.170 Initiating procedure. 36 1. Whenever the City Council is of the opinion that the 37 interests of the City require any undertaking which is to be 38 financed under this article, the governing body by resolution 39 shall direct the Engineer to prepare: 40 (a) Preliminary plans and a preliminary estimate of the 41 cost of the undertaking, including without limitation all of 42 the estimated financing costs which are to be capitalized with 43 the proceeds of the City s securities and all other estimated 44 incidental costs which relate to the undertaking; 45 (b) A statement of the proposed tax increment area which 1 pertains to the undertaking, the last finalized amount of the 2 assessed valuation of the taxable property in the area and the 3 amount of taxes (including in the amount the sum of all 4 unpaid taxes, whether or not they are delinquent) which 5 resulted from the last taxation of the property, based upon the 6 records of the County Assessor and the County Treasurer; 7 and 8 (c) A statement of the estimated amount of the tax 9 proceeds which are to be credited annually to the Tax 10 Increment Account during the term of the proposed securities 11 which will be payable from those tax proceeds. 12 2. The resolution must describe the undertaking in 13 general terms. 14 3. The resolution must state: 15 (a) What part or portion of the expense of the undertaking 16 must be paid with the proceeds of the securities which are 17 issued by the City in anticipation of tax proceeds and are to 18 be credited to the Tax Increment Account and payable wholly 19 or in part from those tax proceeds; 20 (b) How the remaining part or portion of the expenses, if 21 any, is to be financed; and 22 (c) The basic security and any additional security for the 23 payment of the securities of the City which pertain to the 24 undertaking. 25 4. The resolution need not describe minutely each 26 particular tract of taxable real property which is proposed to 27 be included within the tax increment area, but may simply 28 designate the tax increment area or its location in such a 29 manner that the various tracts of taxable real property and 30 taxable personal property which are situate situated within 31 the tax increment area may be ascertained and determined to 32 be either within or without the proposed tax increment area. 33 5. The Engineer shall forthwith file with the City Clerk 34 the preliminary plans, estimate of cost and statements. 35 6. Upon the filing of the preliminary plans, estimate of 36 cost and statements, the City Council shall examine them, 37 and, if it finds them to be satisfactory, by resolution 38 provisionally order the undertaking. 39 Sec. 21. Section 7A.240 of the Charter of the City of North 40 Las Vegas, being chapter 584, Statutes of Nevada 1983, at page 41 1860, is hereby amended to read as follows: Sec. 7A.240 Municipal securities. 43 1. The City may issue, to defray, wholly or in part, the 44 cost of the undertaking, the following securities: 45 (a) Notes; 1 (b) Warrants; 2 (c) Interim debentures; 3 (d) Bonds; and 4 (e) Temporary bonds. 5 2. Any net revenue which is derived from the operation 6 of the project which is acquired, improved or equipped, or 7 any combination thereof, under the undertaking must be 8 pledged for the payment of the securities, and those securities 9 must be made payable from that net pledged revenue, as the 10 bond requirements of the securities become due from time to 11 time, in accordance with the bond ordinance, trust indenture 12 or other proceedings which authorize the issuance of the 13 securities or otherwise pertains to their issuance. 14 3. Additionally, the securities: 15 (a) Must be made payable from tax proceeds which are 16 accounted for in the Tax Increment Account; and 17 (b) May, at the City s option, be made payable from the 18 taxes which are levied by the City against all of the taxable 19 property within the City, without limitation of rate or amount 20 except for the limitation which is provided in Section 2 of 21 Article 10 of the Nevada Constitution. The City may also 22 issue general obligation securities which are authorized by 23 any law other than this article and are made payable from 24 taxes without also making those securities payable from the 25 net pledged revenues or tax proceeds which are accounted for 26 in a Tax Increment Account, or from both these revenue 27 sources. 28 4. Securities which are payable only in the manner 29 which is provided in either paragraph (a) of subsection 3 or 30 both subsection 2 and paragraph (a) of subsection 3 are 31 special obligations of the City, are neither in their issuance 32 subject to debt limitation which is specified in subsection 1 of 33 section 7.010 of this Charter or is otherwise imposed by law, 34 nor, while they are outstanding, do they exhaust the City s 35 debt-incurring power under subsection 1 of section 7.010 of 36 this Charter or other law and may be issued under the 37 provisions of the NRS 350.500 to 350.720, inclusive, except 38 as is otherwise provided in this article, without any 39 compliance with the provisions of NRS 350.011 to 350.0165, 40 inclusive, or NRS 350.020 to 350.070, inclusive, and without 41 any approval or other preliminaries, except as is provided in 42 NRS 350.500 to 350.720, inclusive. 43 5. Securities which are payable from taxes in the manner 44 which is provided in paragraph (b) of subsection 3, regardless 45 of whether or not they are also payable in the manner which 1 is provided only in paragraph (a) of that subsection or in both 2 subsection 2 and paragraph (a) of subsection 3, must be 3 general obligations of the City, are in their issuance subject to 4 the debt limitation which is specified in subsection 1 of 5 section 7.010 of this Charter or is otherwise imposed by law 6 and, while they are outstanding, exhaust the City s debt-7 incurring power under subsection 1 of section 7.010 of this 8 Charter or other law, and those securities may be issued under 9 NRS 350.500 to 350.720, inclusive, only after the issuance of 10 City bonds is approved under the provisions of: 11 (a) NRS 350.011 to 350.0165, inclusive; and 12 (b) NRS 350.020 to 350.070, inclusive, except for the 13 issuance of notes or warrants pursuant to NRS 350.500 to 14 350.720, inclusive, which are payable out of the current 15 year s revenues and are not to be funded with the proceeds of 16 interim debentures or bonds in the absence of approval under 17 the provisions of the law which are designated in paragraphs 18 (a) and (b). 19 6. In the proceedings for the making of loans or the 20 acquisition of any advance of money or the incurring of any 21 indebtedness, whether it is funded, refunded, assumed or 22 otherwise, for the purpose of financing or refinancing, in 23 whole or in part, the undertaking, wholly or in part, the City 24 shall irrevocably pledge that portion of the taxes which is 25 mentioned in subsection 2 of section 7A.230 of this Charter 26 for the payment of the bond requirements of the loans, 27 advances or indebtedness. The provisions in NRS 350.500 to 28 350.720, inclusive, which pertain to net pledged revenues 29 apply to the pledge to secure the payment of the tax 30 increment bonds. 31 Sec. 22. This act becomes effective upon passage and 32 approval. 33

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Approved by the Governor. Chapter 254. (on 06/02/2021)

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