Fund created. Tax to be levied. For what the fund is to be used. Proviso. Salaries not to be paid from fund. Surplus to be transferred. Preference. CHAP. LIX.-An Act to create a Current Expense Fund for Esmeralda County. The People of the State of Nevada, represented in Senate and SECTION 1. For the purpose of providing means for the payment of certain expenses in the County of Esmeralda, a special fund is hereby created, to be known as the Current Expense Fund of said county. SEC. 2. At the time of levying the tax for general State and county purposes, as now provided by law, the Board of County Commissioners of said Esmeralda County may, and they are hereby authorized and empowered to levy a special tax, not to exceed twenty-five cents on each one hundred dollars valuation of all the taxable property in said county, including the tax on the proceeds of the mines, to be known as the Current Expense Fund Tax. The proceeds of said special tax shall go into and from [form] the Current Expense Fund of said Esmeralda County. SEC. 3. Allowances shall be made by the Board of County Commissioners against said Current Expense Fund for the following purposes, and none other: Repairs on the Court House and jail, stationery, printing, fuel and lights, board, clothing, bedding, and medicines for prisoners confined in the county jail; and until all claims or warrants that have been or may be allowed against the Indigent Sick Fund of said county prior to sixty days subsequent to the approval of this Act, shall have been paid and liquidated, the necessary current expenses incident to the care and maintenance of the indigent sick of said county may also be, in the discretion of the Board of County Commissioners, paid out of said Current Expense Fund; provided, that no outstanding bills, claims, or warrants, or any part thereof, that may have accrued against said county for any of the articles or purposes mentioned in this section, or for any purpose whatever, prior to sixty days after the approval. of this Act, shall be allowed against, or paid out of said Current Expense Fund; and, provided further, that neither the fees or salaries of county or other officers shall be allowed against or paid out of said fund. SEC. 4. Whenever there shall be any surplus of moneys in the said Current Expense Fund, over and above all demands against the same, the Board of County Commissioners of said county may, and they are hereby authorized and empowered, to transfer such surplus, or any portion thereof, to the several other funds, or either of them, of said county, in the manner and proportion best calculated, in the judgment of said Commissioners, to subserve and protect the credit of Esmeralda County. In the distribution of moneys, as herein provided, preference shall be given in all cases to the fund standing in the greatest need of assistance, with the view of keeping the scrip certificates, or other evidences of indebtedness against the several funds of said county, as nearly equal, in point of intrinsic or marketable value, as may be practicable. This bill having remained with the Governor five days (Sunday excepted), and the Senate and Assembly being in session, it has therefore become a law without the signature of his Excellency, the Governor, this twenty-eighth day of February, eighteen hundred and seventy-seven. J. D. MINOR, CHAP. LX.-An Act to incorporate the Town of Eureka. [Approved March 1, 1877.] The People of the State of Nevada, represented in Senate and SECTION 1. For the purpose hereinafter mentioned the inhab. Body itants of that portion of Eureka County embraced within the corporate. limits hereinafter set forth in this section, shall be a body corporate and politic, by the name and style of the Town of Eureka, and by that name they and their successors shall be known in law, have perpetual succession, and sue and be sued in all Courts. The boundaries of said incorporate town shall be as follows, viz: commencing at the flagstaff at the center Bounof the crossing of Clark and Main streets, in the Town of Eureka, running thence south three fourths of a mile to a point; thence east one half a mile, thence north one and one quarter miles; thence west one mile; thence south one and one quarter miles; thence east one half of a mile, to the point of beginning, on the exterior boundaries. daries. SEC 2. The corporate powers of said town shall be vested Board. in a Board of Trustees, to consist of five members, who shall be resident householders of said town. officers. SEC. 3. The officers of said town shall be five Trustees, a Town Town Clerk, who shall be Clerk of the Board of Trustees, and ex officio Town Assessor; a Town Marshal, who shall be ex officio Town Collector and Chief of Police; a Town Treasurer, a Town Attorney, and such other officers as are hereinafter authorized to be appointed by the Board of Trustees. SEC. 4. No person shall be eligible to the office of Trustee, Eligi Clerk, Marshal, Treasurer, or Attorney, who shall not have bility. been an actual resident of said town for six months next preceding his election or appointment. chosen. SEC. 5. The five Trustees shall be elected by the qualified How electors of said town, and all other officers, except Town Attorney, shall be appointed by the Board of Trustees, and hold their offices until otherwise provided by said Board. SEC. 6. The general election for said town shall be held on Election. the first Monday in May in each year. SEC. 7. No person shall be allowed to vote for any officer tion of voters. Qualifica who shall not be a qualified voter of the State of Nevada, and shall not have actually resided in said town for thirty days next preceding the day of election. Election, how conducted. Oath of office. President of Board. Vacancy. Meetings. Quorum, etc. Powers of SEC. 8. All the provisions of law now in force, and all laws which may be hereafter enacted, regulating elections in the State of Nevada, so far as the same are consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Board of Trustees for each election, at least three days prior to the same, shall appoint three Judges of Election, who shall appoint two clerks, and shall designate the place for holding the polls. Within two days after each election the Judges and clerks of the same shall make out, sign, and deliver to the persons receiving the highest number of votes for the officers whose election is hereinbefore provided for. Immediately after the votes are counted the said Judges and clerks shall also make out a statement of the number of votes cast for each person severally for the office of Trustee, which statement shall be certified under oath by a majority of said Judges, and they shall cause the same, together with the poll lists and votes, duly sealed up, to be delivered to the Clerk of the Board of Trustees, who shall keep the sealed packages containing the poll lists and ballots for at least thirty days. SEC. 9. The officers chosen at any election shall take the oath of office, and be qualified and enter upon the discharge of their duties within ten days after being notified of their election; and in case any person elected to office shall fail to qualify within said ten days his office shall be deemed vacant. SEC. 10. The Board of Trustees so elected shall, at their first meeting, or as soon thereafter as may be, elect one of their number President, who shall preside at all meetings of the Board, and discharge such other duties as may be prescribed by the Board of Trustees. SEC. 11. When a vacancy shall occur in the office of Trustee or other office, from any cause, the Board of Trustees shall appoint some person to fill such vacancy, and the person so appointed shall hold his office for the residue of the term of his predecessor. SEC. 12. The Board of Trustees shall have regular meetings, as by adjournment or resolution as they may direct, and the President may call special meetings whenever he may deem it necessary. SEC. 13. The majority of the Board of Trustees shall constitute a quorum for the transaction of all business. The Board of Trustees shall determine rules for the government of their own proceedings, and shall be judges of the election and qualification of their own members. All their meetings shall be public, except when the Board deem that the interests of the town require secrecy. A journal of all their proceedings shall be accurately kept by the clerk, and the ayes and nays shall be taken and entered in the journal upon the passage of any question, at the request of any member. First SEC. 14. The Board of Trustees shall have power: the Board. To make by-laws and ordinances not repugnant to the Constitu tion or laws of the United States or the State of Nevada. how con Second-To levy and collect taxes on all property within the town, both real and personal, made taxable by law for State and county purposes, which tax shall not exceed one half of one per cent. per annum upon the assessed value of all such property, and to prescribe by ordinance the manner of levying, assessing, and collecting taxes, and to make all taxes levied by them a lien upon the property assessed, from the time of the assessment thereof. Third-To lay out, alter, and extend the Streets. streets and alleys of the said town, provide for the grading, cleaning, widening, lighting, or otherwise improving the same, also to provide for the construction, repair, and preservation of sidewalks, bridges, drains, and sewers, and for the prevention and removal of obstructions from the streets and sidewalks. Fourth-To condemn and appropriate to the public use, or to Property, the use of the inhabitants of said town, all real and personal demned. property when they deem the same necessary for the opening of streets or alleys, or for other public purposes. Such property shall be condemned or appropriated in the following man. ner: The Board of Trustees shall appoint one referee, and the claimant, owner, or owners of such property so to be condemned shall appoint one referee, and in the event that the two referees so appointed shall not agree upon the valuation of such property or claim, then the two appointed shall select a third referee, and a decision of a majority of such three as to the valuation of the property or claim by them appraised shall be reported by them to the Board of Trustees, and may be by them regarded and held as finally binding; and upon the payment of the sum named by said appraisers for such property to the claimant or owner thereof, or his duly authorized agent or attorney, such property or claim shall become the property of said town, which may take full and immediate possession of the same, and it may be obtained in the form and manner provided by law, where the relation of landlord and tenant exists. In case the owner or owners of property shall refuse or neglect to appoint such referee when required by the Board of Trustees, then the said Board of Trustees shall constitute a Board of Appraisers, and their valuation shall be final and binding; but no act of said Board of Trustees or referees in the condemnation of property, or any claim, right, or title to the same, as herein provided, shall be interpreted as an admission on the part of said incorporated town, of the legality of such assessed claim, right, or title; and whenever the said corporate body shall have become in any manner possessed of any real estate, upon which any improvements shall have been made for the benefit of said town or corporate body, no judgment in ejectment shall be Ejectrendered against said town or corporate body, but only judg. ment. ment for damages in the value of said property, claim, right, or title, at the time of taking the possession of it, may be rendered. Fifth-To provide for the prevention and extinguish- Fires. ment of fires, to provide for a sufficient supply of water for extinguishing fires, for fire purposes, and fire apparatus, to arrange for and contract with persons or water companies for said water; also, to organize, regulate, establish, and disband fire companies, and to provide all apparatus, fixtures, and buildings necessary for the Fire Department and the use of fire Gun powder. companies. Sixth-To regulate the storage of gunpowder and other combustibles. Seventh-To prevent and remove nui. Nuisances sances, and also to determine what are nuisances. Eighth To create and establish a town police, prescribe their duties, fix their compensation, and prescribe rules for the regulation Licenses. and government of the same. Ninth-To fix and collect a license tax on and regulate all theaters and theatrical performances, shows, circuses, billiard tables, bowling alleys, and all exhibitions and public amusements; to fix and collect a license tax on and regulate all saloons, barrooms, bankers, brokers, gold dust or bullion buyers, manufacturers, livery stables, express companies, and persons engaged in transmitting letters or packages; to fix and collect a license tax on and regulate auctioneers, stock brokers, drays, job wagons, and stage companies or owners whose place of business is in said town, or who shall have an office or agency therein; to fix and collect a license tax on all raffles, hawkers, peddlers, pawnbrokers, hurdy gurdy houses, and public dance houses, and upon every person who shall deal, play, carry on, open or cause to be opened, or who shall conduct, either as owner or employé, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noir, rondo, keno, fan tan, twentyone, red, white and blue, red and black, or diana, or any banking game played with cards, dice, or any other device, whether the same be played for money, checks, credit, or any other valuable thing or representative of value; to fix and collect a license tax on all professions, trades, or business, not hereinbefore specified, having due regard to the amount of business Business. done by each firm or person thus licensed; provided, that no license tax exceeding ten dollars shall be assessed or collected on any one business or calling during any one quarter. Tenth -To provide for the issuance of licenses herein provided for or fixed by the Board, in such sums, and on such terms, as may be prescribed by ordinances. Eleventh-To levy and collect an Dog tax. annual tax on all dogs within the limits of said town, and provide for the extermination of all dogs for which tax shall not have been paid. Twelfth-To provide all necessary public buildings for the use of said town. Thirteenth-To prevent Riots, etc. and restrain any riot or riotous assemblage or disorderly conduct within said town, to close all places of business, or public amusement, and prohibit and suppress the sale of spirituous liquors on any day of municipal, county, or State election. Board of Fourteenth-To establish a Board of Health, to prevent the spread of diseases, and to provide for the indigent sick. Fifteenth-To provide for and regulate or prohibit the using of gunpowder or other combustibles or explosive material, the use of which would be likely to endanger the lives or property of the inhabitants. Sixteenth-To divide the town into two or more wards, define the boundaries thereof, and provide for Penalties. town elections therein. Seventeenth-To fix and prescribe the punishment for the breach of any town ordinance or resolution, but no fine shall be imposed for any offense in any sum greater than five hundred dollars, and no imprisonment shall be prescribed for a longer term than six months. EighteentnTo determine the duties, fix and establish the fees, salaries, and Public buildings. Health. Gun powder. Wards. |