[Rev. 2/10/2015 4:46:53
PM--2014R2]
CHAPTER 267 - COMMISSION FORM OF MUNICIPAL
GOVERNMENT
INCORPORATION; POWERS; TERMINATION
NRS 267.010 Definitions.
NRS 267.020 City
may adopt commission form of government.
NRS 267.030 Petition
for adoption of commission form of government; election of electors to frame
charter.
NRS 267.040 Nomination
and election of electors to frame charter.
NRS 267.050 Canvass
of returns of election; issuance of certificates of election.
NRS 267.060 Elected
persons to frame charter; publication and posting of charter; affidavits of
publication and posting.
NRS 267.070 Election
for adoption or rejection of charter: Publication of charter; form of ballot;
alternative propositions.
NRS 267.080 Canvass
and declaration of result of election; when charter becomes organic law of
city.
NRS 267.090 Certification
of charter.
NRS 267.100 Recording
and attesting of charter and amendments; judicial notice of charter and
amendments.
NRS 267.110 Powers
of city with commission form of government; contents of charter.
NRS 267.120 General
powers of a city with commission form of government.
NRS 267.123 Public
works: City’s powers subordinate to powers of regional planning agency.
NRS 267.125 Land
improvement fund: Creation by ordinance; composition; expenditures.
NRS 267.140 Election
to terminate commission form of government: Notice; form of ballot; canvass and
results.
CONTRACTS WITH FEDERAL GOVERNMENT RELATING TO FACILITIES FOR
DRAINAGE, SEWERAGE AND WATER
NRS 267.450 Definitions.
NRS 267.455 “Acquisition”
and “acquire” defined.
NRS 267.460 “Drainage
project” defined.
NRS 267.465 “Federal
Government” defined.
NRS 267.470 “Governing
body” defined.
NRS 267.475 “Improvement”
and “improve” defined.
NRS 267.480 “Municipal”
defined.
NRS 267.485 “Municipality”
defined.
NRS 267.490 “Project”
defined.
NRS 267.495 “Sewerage
project” defined.
NRS 267.500 “Water
project” defined.
NRS 267.505 Request
by municipality for Federal Government to undertake project; approval by
electors of incurrence of indebtedness.
NRS 267.510 Repayment
contracts: Powers of municipality.
NRS 267.515 Cooperation
with Federal Government.
NRS 267.520 Validation
and ratification of contracts outstanding on March 28, 1969.
NRS 267.525 Legislative
authority for validation of contracts and projects.
NRS 267.530 Liberal
construction.
_________
_________
INCORPORATION; POWERS; TERMINATION
NRS 267.010 Definitions. As
used in NRS 267.010 to 267.140,
inclusive:
1. “Commission form of government” means
any form of municipal government not contrary to the Constitution and laws of
the United States wherein either:
(a) Both legislative and administrative authority
is exercised by the same governing body, members of which are elected by the
qualified electors of a city; or
(b) All powers of the city are vested in a
governing body, members of which are elected by the qualified electors of the
city, which enacts local legislation, adopts budgets, determines policies, and
appoints a city manager, who executes the laws and administers the municipal
government.
2. “Commissioners” means city
commissioners or city council members.
[Part 1:192:1915; A 1919, 366; 1919 RL p. 2658; NCL §
1248]—(NRS A 1959, 125)
NRS 267.020 City may adopt commission form of government. Any incorporated city in the State of Nevada
may adopt the commission form of government and frame its own charter therefor.
[Part 1:192:1915; A 1919, 366; 1919 RL p. 2658; NCL §
1248]—(NRS A 1959, 126; 1987, 1706)
NRS 267.030 Petition for adoption of commission form of government; election
of electors to frame charter. Whenever
the qualified voters of any incorporated city desiring to adopt a commission
form of government so declare their desire by filing with the governing body of
that city a petition having the signatures of one-fourth of the qualified
voters voting at the last city election, the governing body shall cause 15
qualified electors to be elected at the next primary or general municipal
election or primary or general state election to frame a charter which provides
for a commission form of government for the city. The persons elected must have
been residents of the city for at least 2 years preceding their election.
[2:192:1915; 1919 RL p. 2658; NCL § 1249]—(NRS A
1959, 126; 1963, 803; 1987, 1706; 1993, 1041)
NRS 267.040 Nomination and election of electors to frame charter. Nominations of the electors must be made by
petition of one-fifth of the qualified voters of the incorporated city. The
petition must be filed with the governing body of the city at least 30 days
before the day of the election, as provided for in NRS
267.030. The names of all candidates so filed must be placed upon the
official ballots to be voted at the election.
[3:192:1915; 1919 RL p. 2658; NCL § 1250]—(NRS A
1959, 127; 1963, 804; 1987, 1707; 1993, 1041)
NRS 267.050 Canvass of returns of election; issuance of certificates of
election. Within 6 working days
after the date of the election, the legislative authority of the incorporated
city shall:
1. Meet and canvass the returns of the
election.
2. Declare the result thereof.
3. Issue certificates of election to the
15 qualified electors having the highest vote therefor.
[Part 4:192:1915; 1919 RL p. 2659; NCL § 1251]—(NRS A
1959, 127; 1987,
1707; 2007,
623)
NRS 267.060 Elected persons to frame charter; publication and posting of
charter; affidavits of publication and posting.
1. The persons elected as provided for in NRS 267.050 shall convene within 10 days and commence
to frame a charter for the city and within 90 days thereafter they, or a
majority of them, shall submit the charter to the legislative authority of the
incorporated city.
2. Within 10 days thereafter, the
legislative authority of the city shall:
(a) Cause the proposed charter to be published
once in a newspaper published in the incorporated city. If no newspaper is
published in the city, the proposed charter must be published once in a
newspaper published in the county; and
(b) Cause copies of the proposed charter to be
posted in three of the most public places of the city for 30 days.
3. The affidavits of the publisher and of
the person posting the copies of the charter must be made immediately after
publication and after the posting.
[Part 4:192:1915; 1919 RL p. 2659; NCL § 1251]—(NRS A
1959, 127; 1987,
1707)
NRS 267.070 Election for adoption or rejection of charter: Publication of
charter; form of ballot; alternative propositions.
1. The governing body of the incorporated
city shall cause the proposed charter to be published once and posted for 30
days and provide for the submission of the proposed charter to the qualified
voters of the incorporated city at the next primary or general municipal
election or primary or general state election.
2. The form of ballot concerning the
question of the proposed charter at the election must be: “For the proposed
charter,” “Against the proposed charter.”
3. In submitting the proposed charter, or
amendments thereto, any alternative article or proposition may be presented to
the voters of the incorporated city and may be voted on separately without prejudice
to the others. In submitting the amendments, article or proposition, the form
of the ballot must be: “For Article No. ..... of the charter,” “Against Article
No. ..... of the charter.”
[Part 4:192:1915; 1919 RL p. 2659; NCL § 1251]—(NRS A
1959, 128; 1963, 804; 1987, 1707; 1993, 1041)
NRS 267.080 Canvass and declaration of result of election; when charter
becomes organic law of city. The
officers conducting the election shall make returns thereof within the time and
in the manner provided by the state election laws. The vote thereof shall be
canvassed and the result declared as provided by such laws. If upon the canvass
it shall be found that a majority of the votes so cast at the election were
cast in favor of the ratification of the charter, the charter shall become the
organic law of the city and shall supersede any existing charter, and all
amendments thereto and all special laws inconsistent therewith, when
authenticated, recorded and attested as provided in NRS
267.010 to 267.140, inclusive.
[Part 5:192:1915; 1919 RL p. 2659; NCL § 1252]—(NRS A
1959, 128)
NRS 267.090 Certification of charter. If
upon the canvass it is found that a majority of the votes cast at the election
were cast in favor of the ratification of the charter, as provided in NRS 267.080, the mayor of the city shall thereupon
attach to the charter a certificate in substance as follows:
I, ................, mayor of
................, do hereby certify that in accordance with the terms and
provisions of Section 8 of Article 8 of the Constitution, and the laws of the
State of Nevada, an election was held on the .......... day of the month of
………. of the year ….., at which 15 qualified electors were elected to prepare a
charter for the city of ......................; that notice of the election was
given in the manner provided 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 canvassed by the governing body of the city, and the following
persons were declared elected 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 the city of ................, signed by the
following members thereof: .................
That thereafter the proposed
charter was published once in a newspaper and posted in three of the most
public places in the city, to wit: For one publication, the publication in a
newspaper on the .......... day of the month of ………. of the year ….., and was
posted on the .......... day of the 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 was submitted to the qualified electors of the city,
and the returns of the election were canvassed by the governing body at a
meeting held on the .......... day of the month of ………. of the year ….., and
the result of the election was found to be as follows: For the proposed
charter, ........ votes; against the proposed charter, ........ votes. Majority
for the proposed charter, ........ votes.
Whereupon the charter was
ratified by a majority of the qualified 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 as aforesaid.
In testimony whereof, I
hereunto set my hand and affix the corporate seal of the city this ..........
day of the month of ………. of the year ……
............................................................................. ,
Mayor
of the city of..........................................
Attest:............................. ,
Clerk of the city of ......
[Part 5:192:1915; 1919 RL p. 2659; NCL § 1252]—(NRS A
1959, 128; 1987,
1708; 1993,
1042; 2001,
46)
NRS 267.100 Recording and attesting of charter and amendments; judicial
notice of charter and amendments.
1. Immediately after being certified as
provided in NRS 267.090, the charter shall be
recorded by the city clerk in a book to be provided and kept for that purpose
and known as the charter book of the city of ................, and when so
recorded shall be attested by the clerk and the mayor of the city under the corporate
seal thereof.
2. Thereafter any and all amendments to
the charter shall be in a like manner recorded and attested.
3. When so recorded and attested, all
courts in this state shall take judicial notice of the charter and all
amendments thereto.
[Part 5:192:1915; 1919 RL p. 2659; NCL § 1252]—(NRS A
1959, 129)
NRS 267.110 Powers of city with commission form of government; contents of
charter.
1. Any city having adopted a charter
pursuant to the provisions of NRS 267.010 to 267.140, inclusive, has pursuant to the charter:
(a) All of the powers enumerated in the general
laws of the State for the incorporation of cities.
(b) Such other powers necessary and not in
conflict with the Constitution and laws of the State of Nevada to carry out the
commission form of government.
2. The charter, when submitted, must:
(a) Fix the number of commissioners, their terms
of office and their duties and compensation.
(b) Provide for all necessary appointive and
elective officers for the form of government therein provided, and fix their
salaries and emoluments, duties and powers.
(c) Fix, in accordance with the provisions of NRS 293C.140 and 293C.175 or with the provisions of NRS 293C.145, or with the provisions of
paragraph (a) of subsection 1 of NRS
293C.115, the time for the first and subsequent elections for all elective
officers. After the first election and the qualification of the officers who
were elected, the old officers and all boards or offices and their emoluments
must be abolished.
[6:192:1915; 1919 RL p. 2660; NCL § 1253]—(NRS A
1959, 130; 1969, 678; 1987, 366, 1709, 1731; 1997, 3475; 2003, 679)
NRS 267.120 General powers of a city with commission form of government. Any city adopting a charter under the
provisions of NRS 267.010 to 267.140,
inclusive, has all of the powers which are now or may hereafter be conferred
upon incorporated cities by the laws of the State, and all such powers as are
usually exercised by municipal corporations of like character and degree, whether
or not the powers are specifically enumerated in NRS
267.010 to 267.140, inclusive.
[7:192:1915; 1919 RL p. 2661; NCL § 1254]—(NRS A
1959, 130; 1987,
1710)
NRS 267.123 Public works: City’s powers subordinate to powers of regional
planning agency. In any region of
this state for which there has been established by interstate compact a
regional planning agency, the powers of a city organized under NRS 267.010 to 267.140,
inclusive, with respect to the location and construction of all public works
are subordinate to the powers of such regional planning agency.
(Added to NRS by 1968, 13; R 2011, 3740;
A 2013,
2366, 2367,
3838)
NRS 267.125 Land improvement fund: Creation by ordinance; composition;
expenditures.
1. The governing body of a city having the
type of commission form of government described in paragraph (b) of subsection
1 of NRS 267.010, which has acquired by the
provisions of any federal or any other law real property within its corporate
boundaries, and which has adopted a policy, by its charter, of leasing or
selling such real property, or portions thereof, in a manner that will result
in the maximum benefit accruing to the city from such leases and sales, may, by
ordinance, with the approval of the Department of Taxation, create a land
improvement fund, which fund shall not be subject to the provisions of chapter 354 of NRS.
2. The land improvement fund may be
composed of:
(a) Moneys transferred from any capital
improvement fund existing pursuant to the provisions of the charter when so
authorized by the registered voters of the city at an election.
(b) Moneys contributed from the general fund of
the city by action of the governing body, which contributions need not be
repaid to the general fund of the city.
(c) Such portion of the proceeds received by the
city from the lease and sale of the real property as may be provided for by the
charter or by city ordinance.
(d) Any other moneys the deposit of which in the
land improvement fund is budgeted for by the governing body or authorized by the
registered voters of the city.
3. Moneys in the land improvement fund may
be expended for:
(a) Preparation of real property for sale or
lease and costs incidental thereto.
(b) Acquisition and construction of improvements
on such real property prior to its sale or lease.
(Added to NRS by 1963, 641; A 1965, 737; 1975, 1681)
NRS 267.140 Election to terminate commission form of government: Notice;
form of ballot; canvass and results.
1. The governing body of an incorporated
city having a commission form of government may, on its own motion, and shall,
upon receiving a written petition signed by a number of registered voters of
the city not less than 25 percent of the number who actually voted at the
preceding municipal general election seeking the discontinuance and termination
in the city of the commission form of government:
(a) If the incorporated city has a commission
form of government described in paragraph (a) of subsection 1 of NRS 267.010, fix by resolution the primary or general
municipal election or primary or general state election at which the question
is to be submitted. The governing body shall cause to be posted at two public
bulletin boards within the city, not less than 10 days before the date of the
election, a notice that there will appear on the ballot the proposition for the
discontinuance and termination of the commission form of government and the
repeal of the charter of the city.
(b) If the incorporated city has a commission
form of government described in paragraph (b) of subsection 1 of NRS 267.010, fix by resolution the primary or general
municipal election or primary or general state election at which the question
is to be submitted. The governing body shall cause to be published once in a
newspaper of general circulation in the city, not less than 30 nor more than 60
days before the date of the election, a notice that there will appear on the
ballot the proposition for the discontinuance and termination of the commission
form of government and the repeal of the charter of the city.
2. The proposition appearing on the ballot
must be in substantially the following terms: “For termination of the
commission form of government and repeal of the charter” and “Against
termination of the commission form of government and repeal of the charter.”
3. Following the election and canvass of
returns, if it is found that a majority of the votes cast on the issue has been
cast for the discontinuance and termination in the city of the commission form
of government and for repeal of the charter, the governing body shall proclaim
the charter repealed effective:
(a) Immediately if the Legislature has not
enacted a special charter for the city and the provisions of chapter 266 of NRS supersede the provisions of NRS 267.010 to 267.140,
inclusive, as to the city; or
(b) On the date any special charter of the city
enacted by 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
cast against the discontinuance and termination in the city of the commission
form of government and against the repeal of the charter, the commission form
of government and charter continue in effect.
[8a:192:1915; added 1929, 118; NCL § 1256]—(NRS A
1959, 131; 1971, 319; 1987, 1710; 1993, 1043)
CONTRACTS WITH FEDERAL GOVERNMENT RELATING TO FACILITIES
FOR DRAINAGE, SEWERAGE AND WATER
NRS 267.450 Definitions. Except
where the context otherwise requires, the definitions in NRS
267.455 to 267.500, inclusive, govern the
construction of NRS 267.450 to 267.530, inclusive.
(Added to NRS by 1969, 248)
NRS 267.455 “Acquisition” and “acquire” defined. “Acquisition”
or “acquire” means the opening, laying out, establishment, purchase,
construction, securing, installation, reconstruction, lease, gift, grant from
the Federal Government, this state, any public body therein, or any person, the
endowment, bequest, devise, condemnation, transfer, assignment, option to
purchase, other contract, or other acquirement (or any combination thereof) of
any properties pertaining to a project, or an interest therein.
(Added to NRS by 1969, 248)
NRS 267.460 “Drainage project” defined. “Drainage
project” means any natural and artificial water facilities for the collection,
channeling, impoundment and disposal of rainfall, other surface and subsurface
drainage waters and storm and floodwaters, including without limitation
ditches, ponds, dams, spillways, retarding basins, detention basins, lakes,
reservoirs, canals, channels, levees, revetments, dikes, walls, embankments,
bridges, inlets, outlets, connections, laterals, other collection lines,
intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains,
submains, water lines, sluices, flumes, syphons, sewer lines, pipes, conduits,
culverts, other transmission lines, pumping stations, gauging stations,
ventilating facilities, stream gauges, rain gauges, engines, valves, pumps,
meters, junction boxes, manholes, other inlet and outlet structures, bucket
machines, inlet and outlet cleaners, backhoes, draglines, graders, other
equipment, apparatus, fixtures, structures and buildings, flood-warning service
and appurtenant telephone, telegraph, radio and television apparatus, and other
water diversion, drainage and flood-control facilities (or any combination
thereof).
(Added to NRS by 1969, 248)
NRS 267.465 “Federal Government” defined. “Federal
Government” means the United States of America, or any agency, instrumentality
or corporation thereof.
(Added to NRS by 1969, 249)
NRS 267.470 “Governing body” defined. “Governing
body” means the city council, city commission, board of supervisors, town
council, town board or other local legislative or governing body of the
municipality.
(Added to NRS by 1969, 249)
NRS 267.475 “Improvement” and “improve” defined. “Improvement”
or “improve” means the extension, widening, lengthening, betterment,
alteration, reconstruction or other major improvement (or any combination
thereof) of any properties pertaining to a project or an interest therein, but
does not mean renovation, reconditioning, patching, general maintenance or
other minor repair.
(Added to NRS by 1969, 249)
NRS 267.480 “Municipal” defined. “Municipal”
means pertaining to a municipality as defined in NRS
267.485.
(Added to NRS by 1969, 249)
NRS 267.485 “Municipality” defined. “Municipality”
means any incorporated city organized pursuant to NRS
267.010 to 267.140, inclusive, which has a
population of 4,000 or more.
(Added to NRS by 1969, 249; A 1979, 526; 1987, 1711)
NRS 267.490 “Project” defined. “Project”
means the acquisition, improvement and equipment (or any combination thereof)
of a drainage project, sewerage project or water project (or any combination
thereof).
(Added to NRS by 1969, 249)
NRS 267.495 “Sewerage project” defined. “Sewerage
project” means facilities pertaining to a municipal sanitary sewerage system
for the collection, interception, transportation, treatment, purification and
disposal of sewage, liquid wastes, solid wastes, night soil and industrial
wastes, including without limitation a sewerage treatment plant, sewerage
purification and treatment works and disposal facilities, drying beds, pumping
plant and station, connections, laterals, other collection lines, outfalls,
outfall sewers, trunk sewers, intercepting sewers, force mains, water lines,
sewer lines, conduits, ditches, pipes and transmission lines, pumping plants,
filter plants, power plants, pumping stations, gauging stations, ventilating
facilities, incinerators, engines, valves, pumps, meters, apparatus, fixtures,
structures, buildings and other facilities for the collection, interception,
transportation, treatment, purification and disposal of sewage, liquid wastes,
solid wastes, night soil and industrial wastes (or any combination thereof). A
sewerage project may include as a part thereof a drainage project as defined in
NRS 267.460.
(Added to NRS by 1969, 249)
NRS 267.500 “Water project” defined. “Water
project” means facilities pertaining to a municipal water system for the
collection, transportation, treatment, purification and distribution of water,
including without limitation springs, wells, ponds, lakes, other raw water
sources, basin cribs, dams, spillways, retarding basins, detention basins,
reservoirs, towers, other storage facilities, pumping plants, infiltration
galleries, filtration plants, purification systems, other water treatment
facilities, power plants, waterworks plants, pumping stations, gauging
stations, ventilating facilities, stream gauges, rain gauges, valves,
standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels,
ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons,
other water transmission and distribution mains, engines, boilers, pumps,
meters, apparatus, tools, equipment, fixtures, structures, buildings and other
facilities for the acquisition, transportation, treatment, purification and
distribution of untreated water or potable water for domestic, commercial and
industrial use and irrigation (or any combination thereof).
(Added to NRS by 1969, 249)
NRS 267.505 Request by municipality for Federal Government to undertake
project; approval by electors of incurrence of indebtedness. The governing body of any municipality, on its
behalf and in its name, is authorized:
1. To request the Federal Government to
undertake any project for the municipality; and
2. To negotiate for, to obtain and enter
into, and to cause to be executed such contracts, documents and other
instruments as are necessary or appropriate to carry such requests into effect,
subject to the approval by the qualified electors of the municipality of a
question authorizing the incurrence of an indebtedness by the municipality by
making such an agreement in the manner provided in NRS 350.020 to 350.070, inclusive.
(Added to NRS by 1969, 250; A 1981, 954)
NRS 267.510 Repayment contracts: Powers of municipality. In the contracts, documents and other
instruments designated in NRS 267.505, the governing
body may:
1. Obligate the municipality to repay to
the Federal Government the cost of the project undertaken by it for the
municipality, including without limitation all incidental costs pertaining
thereto, over a term of not exceeding 40 years commencing on any specified date
in the calendar year next following the calendar year in which the project is
completed or is estimated to be completed in any such contract between the
municipality and the Federal Government, or in any other such document or any
other such instrument, whichever period is later, and otherwise upon such terms
and conditions and with such other provisions as the municipality and the
Federal Government may provide, except as otherwise provided in NRS 267.450 to 267.530,
inclusive.
2. Obligate the municipality to pay to the
Federal Government interest on the project cost, except to the extent an allowance
is made in the project cost for interest during the period of construction or
during any other period determined by the municipality and the Federal
Government, 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,
Ê which is in
effect at the time the agreement is made.
3. Obligate the municipality to operate
and maintain the facilities resulting from the project or otherwise pertaining
thereto, in such manner, upon such terms and conditions, and otherwise with
such other provisions as the municipality and the Federal Government may
provide.
4. Pledge the full faith and credit of the
municipality for the payment of the money due under such contracts, documents
and other instruments.
5. Provide for the payment of such money
as general obligations or special obligations of the municipality, or as
general obligations of the municipality the payment of which is additionally
secured by a pledge of revenues derived from any utility or other
income-producing project of the municipality legally available therefor.
6. Otherwise pledge the full faith and
credit of the municipality for the performance and observance of all covenants,
conditions, limitations, promises and undertakings made or specified to be
kept, observed or fulfilled on the part of the municipality in any such
contract with the Federal Government.
7. Exercise any combination of powers
provided in NRS 267.450 to 267.515,
inclusive.
(Added to NRS by 1969, 250; A 1971, 2098; 1975, 843; 1981, 1406; 1983, 577)
NRS 267.515 Cooperation with Federal Government. Any
municipality may cooperate with the Federal Government in connection with any
project undertaken by the Federal Government, including, without limitation, in
the manner provided in the Federal Reclamation Law approved June 17, 1902 (32
Stat. 388), all acts amendatory thereof or supplemental thereto, and any other
act of Congress enacted before, on or after March 28, 1969, authorizing or
permitting such cooperation.
(Added to NRS by 1969, 251; A 1997, 1605)
NRS 267.520 Validation and ratification of contracts outstanding on March
28, 1969. All outstanding
contracts, documents and other instruments pertaining to any project, and all
acts and proceedings had or taken prior to March 28, 1969, or purportedly had
or taken, by or on behalf of a municipality preliminary to or in the
authorization, execution and otherwise making of such contracts, documents and
other instruments or preliminary to or in the undertaking of the project (or
any combination thereof) are hereby validated, ratified, approved and
confirmed, including without limitation any election for the authorization of
such contracts, the terms, provisions, conditions and covenants in any such
contracts, documents and other provisions and in any resolutions and ordinances
pertaining thereto, except as otherwise provided in NRS
267.525, notwithstanding any lack of power, authority or otherwise, other
than constitutional, and notwithstanding any defects and irregularities, other
than constitutional, in the creation of the municipality and in making or
adopting such contracts, documents and other instruments, or in undertaking
such project, including without limitation such acts and proceedings had or
taken prior to March 28, 1969, appertaining thereto but remaining uncompleted,
subject to the taking or adoption of such supplemental acts and proceedings
prior to March 28, 1969, not had or taken, nor purportedly had or taken, but
required by and in substantial and due compliance with NRS
267.450 to 267.530, inclusive, and any other
laws pertaining thereto.
(Added to NRS by 1969, 251)
NRS 267.525 Legislative authority for validation of contracts and projects.
1. This section and NRS
267.520 shall operate to supply such legislative authority as may be
necessary to validate any such contracts, documents and other instruments
pertaining to any project, to validate any such project, and to validate all
acts and proceedings preliminary thereto and prior to March 28, 1969, had or
taken which the Legislature could have supplied or provided for in NRS 267.450 to 267.530,
inclusive, or in any other law under which such contracts, documents and other
instruments were made or adopted, such project was undertaken, or such acts or
proceedings were taken.
2. This section and NRS
267.520, however, shall be limited to the validation of contracts,
documents, other instruments, projects, acts and proceedings to the extent to
which they can be effectuated under the state and federal constitutions.
3. This section and NRS
267.520 shall not operate to validate, ratify, approve, confirm or legalize
any contract, document, other instrument, project, act, proceeding or any other
matter which has been determined prior to March 28, 1969, in any legal
proceeding to be illegal, void or ineffective.
(Added to NRS by 1969, 251)
NRS 267.530 Liberal construction. NRS 267.450 to 267.525,
inclusive, being necessary to secure the public health, safety, convenience and
welfare, they shall be liberally construed to effect their purposes.
(Added to NRS by 1969, 252)