are in the treasury for the payment of the same and are specifically set aside for the payment thereof. Any member of such governing board voting to incur any obligation, except the bonded indebtedness authorized by law, when there are not sufficient funds in the county treasury properly applicable thereto, shall be removed from office in a suit to be instituted by the district attorney of said county upon the request of the attorney-general acting under the instructions of the state board of revenue. 982. Annual reports. SEC. 8. Annual reports shall be made to the controller of the state by the auditing officer of such city or town, from which a classified table as to the accounts of each city and town shall be made by said controller and published in his annual report. The state board of revenue shall prescribe the general form of such annual reports, and the items and details, which shall be given with a view to securing and publishing for comparison and criticism the transactions and doings of each county and town in the state. 983. Examiner to report. SEC. 9. The state board of revenue is empowered to instruct its examiner, at such times as may be necessary to inspect the accounts and records of the cities and towns in this state, and he shall report any violation of this act to the state board of revenue. Any failure or refusal upon the part of any city or town official to furnish such examiner with the proper facilities for such inspection shall be punishable as a misdemeanor, and such official shall be removed from office in a suit to be instituted by the district attorney of said county upon the request of the attorney-general, acting under the instruction of the state board of revenue. An Act to authorize the issuance of bonds by unincorporated cities and towns for the construction of sewerage systems. 984. May issue bonds. Approved March 22, 1909, 179 985. Amount limited-Denomination. 986. Special election to determine. 987. Ballots-Bonds issued, when. 988. Providing for redemption and interest. 984. May issue bonds for sewerage systems. SECTION 1. For the purpose of constructing sewerage systems within their respective limits, and waste mains therefrom, any unincorporated city or town within this state, which is being or may hereafter be governed under the provisions of an act of the legislature of this state entitled "An act providing for the government of towns and cities within this state," approved February 26, 1881, and acts amendatory thereof, are hereby authorized to issue bonds in the amount and manner hereinafter set forth and prescribed. See secs. 877-893. 985. Amount limited-Denomination. SEC. 2. Said bonds shall not in any such city or town at any time exceed the sum and amount of sixty thousand dollars ($60,000); they shall be of convenient denominations, ranging from one hundred dollars ($100) to one thousand dollars ($1,000), and shall bear interest at the rate of not more than six (6) per cent per annum, the interest on each bond to be payable annually, beginning on the third Monday in January of the second year after such bond shall have been issued, and upon the same date in each succeeding year during the life of such bond. The bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed upon payment of the installments of interest without injury to the bonds. The bonds shall be signed by the chairman of the board of county commis sioners, acting as a city or town board, and countersigned by the clerk of said board. The bonds shall be distinctively known as " Bonds," the name of the city or town issuing them being inserted before the word "Sewerage." 986. Special election to determine. Sewerage SEC. 3. Before issuing the said bonds the board of county commissioners, acting as such city or town board, shall publish a notice for at least three consecutive weeks in some daily newspaper published in said city or town, calling for a special election by the legally qualified electors of said city or town to determine whether such bonds shall issue. If there be no daily newspaper published in such city or town, the said notice shall be posted in at least three conspicuous places within the limits of such city or town, for the same length of time, and if there be a weekly newspaper published in such city or town, the said notice shall also be published in each issue of said weekly newspaper during the period of posting. The notice shall state specifically the amount of the proposed bond issue, the rate of interest the bonds are to bear, the time and manner of their payment, and that they are for the construction of a sewerage system. 987. Ballots-Bonds issued, when. SEC. 4. The board shall cause a sufficient number of ballots to be printed which shall bear the words "Sewerage Bonds-Yes," and "Sewerage BondsNo," printed thereon in parallel lines, one above the other. The voter will scratch out the "Yes" if opposed to the bonds, or the "No" if in favor of their issue. The election shall be conducted and the votes canvassed, in all essential particulars as in other city and town elections. If a majority of all the votes cast are in favor of the issue of the bonds, the board of county commissioners, acting as such city or town board, shall proceed at once to issue them as rapidly as needed, in conformity with the provisions of this act. Said bonds shall be sold at not less than their par value, and shall be redeemable, in the order of their issue, not less than three years or more than fifteen (15) years from the date of their issue respectively. 988. Providing for redemption and interest. SEC. 5. To provide for the payment of the said bonds and the interest thereon the board of county commissioners shall, at the time of the regular tax levy for state and county purposes, levy an additional tax upon all property real and personal, within the limits of such city or town, sufficient, in their judgment, to pay the interest upon such bonds annually as it becomes due, and the principal at such a rate as will redeem all of the bonds within fifteen (15) years from the date of issue. In each case the fifteen (15) years shall begin to run from the date of the particular bond to be paid. The said taxes shall be assessed and collected the same as other taxes, paid to the county treasurer, and by him placed in a fund to be known as the " Sewerage Fund" with the name of the city or town preceding the word "Sewerage." 989. Commissioners to supervise work. SEC. 6. All sewerage systems constructed under the provisions of this act shall be so constructed under the supervision and control of the board of county commissioners, acting as such city or town board. The materials may be purchased and the work caused to be done directly by the board, or it may advertise for plans and specifications, and bids for construction as in cases of other public works. 990. In case of incorporation. SEC. 7. In all cases wherein such sewerage systems are constructed in unincorporated cities and towns, and such cities and towns are afterwards incorporated, the control and management of such systems shall at once be vested in the municipal governments of such cities and towns. If such cities or towns shall be incorporated while the work of construction is in progress. the work shall, nevertheless, be carried on to completion by the board of county commissioners, and when completed the system shall be turned over to the city or town government as it shall have been organized. It shall then be the duty of such city or town government to provide for the payment of the principal and interest upon said bonds, by the levy and collection of taxes as prescribed by law. It shall be the duty of the county treasurer having custody of the sewerage funds to turn such funds over to the city treasurer immmediately upon the qualification of the city treasurer, and the bonds, principal and interest shall then be paid by the city government in all respects as prescribed for their payment by the boards of county commissioners, acting as city or town boards. An Act to authorize municipalities to issue bonds for the purpose of paying the cost of municipal improvements for which special assessments are levied. 991. Street improvement bonds limited-Proviso. 992. Issued under special tax. 993. Regulations to be pursued. 994. Sinking fund. Approved March 13, 1909, 96 - Interest 995. Bonds, how signed. 996. Assessments paid in installments, when. 997. Proceedings regular. 998. May be paid from general fund, when. 991. Street improvement bonds-Interest limited-Proviso. SECTION 1. Any incorporated town or city in the State of Nevada, whether incorporated under a general or special act, may, by ordinance, cause to be issued bonds of the town or city to be called "Street Improvement Bonds," payable in annual periods of one to ten years from date, and to bear interest payable annually, not exceeding the rate of seven per cent per annum; and said bonds shall not be sold for less than their par value. Such bonds shall be issued for the purpose of paying the cost of paving, macadamizing or otherwise improving the streets and alleys in said town or city, exclusive of the intersections of streets and spaces opposite alleys therein; provided, that the entire cost of paving or macadamizing any such streets, avenues, or alleys, properly chargeable to any blocks, lots of lands, or parts thereof, within the district assessed, may be paid by the owner of such lots of land within fifty days from the levy of such special taxes, and thereupon such lots or lands shall be exempt from any lien or charge therefor. 992. Issued under special tax. SEC. 2. The said bonds shall be issued only when any said city or town has authorized and levied a special tax and assessment to pay for said street improvements, and then only for the amount of said tax or assessment remaining unpaid by the said owners at the end of the said fifty days. 993. Regulations to be pursued. SEC. 3. When the council of any such city or town shall determine to make any of the public improvements above mentioned it shall, in the ordinance declaring such determination, also declare whether or not bonds shall be issued to pay for the cost of such improvement, as provided in this act; and in case it is decided to issue bonds as herein provided the assessments to pay for the cost of such improvement shall be made as provided in the charter of said city or town or act under which the same is incorporated. If said assessments are not all paid by the proper owners against whom they are levied, at the end of fifty days from the time they become a lien, the said council shall pass an ordinance directing the issuance of the bonds herein provided, fixing their form, declaring the amount remaining unpaid, denominations and interest, the lots or parcels of land against which the said assessments remaining unpaid in whole or in part are a lien and the names of the owners thereof, where known, with the amounts due from each, and directing that the said unpaid assessments or portions thereof shall thereafter be paid as follows: One-tenth one year from the expiration of said fifty days, and one-tenth at the end of each year thereafter until the same is paid in full. Each of the said installments shall bear interest from the end of the said fifty days until due at the same rate of interest as that provided for in the bonds, payable annually, which rate shall be fixed by the ordinance. Any delinquent installment shall bear interest at the rate of ten per cent per annum until paid. Such installments and the interest thereon shall be and remain a lien on the said lots and parcels until paid and shall be collected in the same manner as other delinquent special assessments. 994. Sinking fund. SEC. 4. Said installments and interest, when collected, shall constitute a sinking fund for the payment of said bonds and interest thereon, and said fund shall not be used for any other purpose. 995. Bonds, how signed. SEC. 5. The said bonds shall be signed by the mayor or other chief executive officer, and by the clerk of any such city or town, and countersigned by the city assessor. 996. Assessments paid in installments, when. SEC. 6. In any case where a special assessment is now, or may hereafter be, levied by any city or town to pay for any street improvement, and said assessment has not been paid in full, and the issuance of bonds to pay for such improvement has not theretofore been authorized by law, or by the council, the council may, by ordinance, upon the written petition of one or more property owners, whose unpaid assessments shall aggregate at least one thousand dollars, provide that the assessments, or portions thereof, of said petitioners then unpaid shall be paid in installments in the manner set forth in section 3 of this act, and direct the issuance of bonds to pay for the same, as provided in this act. Such ordinance shall fix the form of the bonds, the denominations and interest; and such bonds shall be payable in any period not exceeding ten years, and the interest shall not exceed seven per cent per annum. 997. Proceedings regular. SEC. 7. The issuance of the bonds, herein provided for, shall be conclusive evidence of the regularity of all proceedings up to the issuance of such bonds. 998. May be paid from general fund, when. SEC. 8. In event that the fund created by special assessment shall be insufficient to pay the said bonds as they become due, the deficiency shall be paid by the city out of the general fund, and each of the bonds issued under this act shall contain a provision of this effect. An Act to exempt incorporated cities and towns from the payment of costs in certain cases. Approved March 1, 1866, 165 999. Costs not to be charged against city or town. SECTION 1. In any suit commenced, or hereafter to be commenced, in any incorporated city or town of this state for the collection of delinquent taxes, no costs shall, in any event, be charged against or collected from such city or town. Powers of taxation, assessment, borrowing money, contracting debts, and loaning credit, except for procuring supplies of water, to be restricted, see sec. 345. Not become stockholder in or loan credit to any corporation except railroads, see sec. 347. Legislature to provide for organization of by general laws, see sec. 345. COMMISSIONERS OF DEEDS An Act empowering the governor to appoint commissioners of deeds, and to define their duties. Approved February 4, 1865, 130 1000. Governor may appoint-Term of office. 1003. Copy of act transmitted to appointees. 1001. Legality same as notaries. 1004. Fee, and application of. 1002. Oath of office. 1000. Governor may appoint-Term of office. SECTION 1. The governor may, when in his judgment it may be necessary, appoint in each of the United States, and in each of the territories and districts thereof, and in each foreign state, kingdom, province, territory and colony, one or more commissioners of deeds, to continue in office four years, unless sooner removed by him. Every commissioner of deeds so appointed, shall have power to administer oaths, and to take and certify depositions and affidavits to be used in this state, and also to take the acknowledgment or proof of any deed or other instrument, to be recorded in this state, and duly certify the same under his hand and official seal. Form and proof of execution of instrument, 1020-1037. Record to keep, 1098, 1099. Cited, Sargent v. Collins, 3 Nev. 380. 1001. Legality same as notaries. SEC. 2. All oaths administered by said commissioners, all depositions and affidavits taken by them, and all acknowledgments and proofs of deeds, and other instruments aforesaid, taken and certified by them and under their seals as such commissioners, shall have the same force and effect in law, for all purposes whatever, as if done and certified by any notary public or other officer, in and for this state, who is now or hereafter may be authorized by law to perform such act. SEC. 3. Before any commissioner, appointed as aforesaid, shall proceed to perform any of the duties of his office, he shall take and subscribe an oath that he will faithfully perform and discharge all the duties of his office, which oath shall be filed in the office of the secretary of state of the State of Nevada, within six months after being taken and subscribed. [Sec. 4 is repealed, Stats. 1865, 152.] 1003. Copy of act transmitted to appointees. SEC. 5. It is hereby made the duty of the secretary of state to transmit a copy of this act, with the commission, to each person appointed under the provisions thereof. |