mesquite city council regular city council meeting...2 meeting agenda; the september 27, 2016...

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Mesquite City CouncilRegular City Council Meeting

City HallCouncil Chambers

WEDNESDAY, NOVEMBER 9, 2016 - 5:00 PM

Below is an agenda of all items scheduled to be considered. Unless otherwise stated, items may be taken out of theorder presented on the agenda at the discretion of the Mayor and Council. Additionally, the Mayor and Council maycombine two or more agenda items for consideration, and may remove an item from the agenda or delaydiscussion relating to an item on the agenda at any time. Public comment is limited to three minutes per person.

Ceremonial Matters- INVOCATION- PLEDGE OF ALLEGIANCE

Public CommentsDuring the Public Comment portion of the agenda comments must be limited to matterswithin the authority and jurisdiction of the City Council. Items raised under this portion ofthe Agenda cannot be deliberated or acted upon until the notice provisions of the NevadaOpen Meeting Law have been met. If you wish to speak to the City Council at this time,please step up to the podium and clearly state your name. Comments are limited to 3minutes in length.

1. Public Comments

Consent Agenda

Items on the Consent Agenda may not require discussion. These items may be a singlemotion unless removed at the request of the Mayor, City Council, or City Manager.

2. Consideration of Approval of the November 9, 2016 Regular City Council1

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Meeting Agenda; the September 27, 2016 Regular City Council MeetingMinutes and the October 4, 2016 Technical Review Meeting Minutes.

- Public Comment- Discussion and Possible ActionCover Sheet

m09-27-16.docx

m10-04-16TRM.docx

3. Consideration of approval of:a) Notification of Budget Transfersb) Notification of Budget Amendmentsc) Notification of Bills Paidd) Purchase Orders

- Public Comment- Discussion and Possible Action

Cover Sheet

Check Register - City Council Agenda 10.11.16 to 10.24.16.pdf

Combined Budget Trsfrs & POs for Council.pdf

4. Consideration of Development Application Cycle Dates and Deadlines for2016/2017.

- Public Comments - Discussion and Possible ActionCover Sheet

DEVELOPMENT REVIEW CYCLE.pdf

Resolutions & Proclamations5. Proclamation - World Pancreatic Cancer Day - November 17, 2016

Cover Sheet

Proclamation - World Pancreatic Cancer Day 2016.doc

6. Proclamation - Ted and Doris Lee Day - November 16, 2016Cover Sheet

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33695/11-1-16_packet_1_9.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33696/m09-27-16.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33697/m10-04-16TRM.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33699/Check_Register_-_City_Council_Agenda_10.11.16_to_10.24.16.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33700/Combined_Budget_Trsfrs___POs_for_Council.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33740/DEVELOPMENT_REVIEW_CYCLE.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33705/Proclamation_-_World_Pancreatic_Cancer_Day_2016.pdf


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Proclamation - The Lees.docx

7. Consideration of Resolution No. 910, adopting an Interlocal Agreement(P522-16-805) between the City of Mesquite and the Nevada Department ofTransportation (NDOT) consenting to the Relinquishment and Land TransferAgreement for a portion of SR-170 (Riverside Road) located within the Cityof Mesquite, Nevada.

- Public Comments- Discussion and Possible Action

Cover Sheet

ResNo910.pdf

Agreement_P52216805.pdf

RiversideRoadRelinquishment.pdf

Department Reports8. Mayor's Comments

9. City Council and Staff Reports

Administrative Items10. Consideration of Street Number Change Case No. SNC-16-003

(McDonald's) to change the street number address of the McDonald's fastfood restaurant at Pioneer and Mesa Boulevards from 190 East PioneerBoulevard to 191 East Pioneer Boulevard.

- Public Comments - Discussion and Possible ActionCover Sheet

SNC-16-003_App&LocationMap.pdf

11. Consideration of the introduction of Bill No. 507 (Medical Marijuana LocationRestrictions) to amend Mesquite Municipal Code Section 9-15-8 LocationRestrictions by inserting language to exempt schools, community facilities,and residential zones, from the separation requirements if they knowinglychoose to locate closer to existing medical marijuana establishments.

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33709/Proclamation_-_The_Lees.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33728/ResNo910.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33729/Agreement_P52216805.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33730/Riverside_Road_Relinquishment.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33759/SNC-16-003_App_LocationMap.pdf

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- Discussion and Possible ActionCover Sheet

Bill No. 507.docx

Bill507_StaffMemo.docx

12. Consideration of Burn Permit and Air Quality Permit Policy for open burns inthe City of Mesquite.

- Public Comments- Discussion and Possible ActionCover Sheet

13. Consideration of approval of a draft city charter and other matters properlyrelated thereto.

- Public Comment- Discussion and Possible ActionDraft Mesquite City Charter 20161103.pdf

Public CommentsDuring the Public Comment portion of the agenda comments must be limited to matterswithin the authority and jurisdiction of the City Council. Items raised under this portion ofthe Agenda cannot be deliberated or acted upon until the notice provisions of the NevadaOpen Meeting Law have been met. If you wish to speak to the City Council at this time,please step up to the podium and clearly state your name. Comments are limited to 3minutes in length.

14. Public Comment

Adjournment15. Adjournment

Note: Please be advised that the Standing Rules of the City Council are attached for your information. The StandingRules govern the conduct of City Council Meetings. These Standing Rules may be acted upon and utilized by theMayor and City Council at any City Council Meeting.

To obtain any or all supporting materials for this Agenda, please contact the Clerk's Office at 702-346-5295.

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33763/Bill_No._507.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33764/Bill507_StaffMemo.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33773/packet_3_105.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/34239/Draft_Mesquite_City_Charter_20161103.pdf

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Members of the public who are disabled and require special assistance or accommodation at the meeting arerequested to notify the City Clerk’s Office -City Hall in writing at 10 E. Mesquite Blvd., Mesquite, NV, 89027 or bycalling 346-5295 twenty-four hours in advance of the meeting.

THIS NOTICE AND AGENDA HAS BEEN POSTED ON OR BEFORE 9:00 AM ON THE THIRD WORKING DAY BEFORE THEMEETING AT THE FOLLOWING LOCATIONS: 1. Mesquite City Hall, 10 E. Mesquite Blvd., Mesquite, Nevada2. Mesquite Community & Senior Center, 102 W. Old Mill Road, Mesquite, Nevada3. Mesquite Post Office, 510 W. Mesquite Blvd., Mesquite, Nevada4. Mesquite Library, 121 W. First North, Mesquite, Nevada

The agenda is also availab le on the Internet at http://www.mesquitenv.gov and http://nv.gov

In accordance with Federal law and U.S. Department of Agriculture policy, the City of Mesquite is prohibited fromdiscriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint ofdiscrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC20250-9410, or call (800) 795-3272 (voice), or (202) 720-6382 (TDD).

RULES OF PROCEDURE

1. Authority

1.1 NRS 266.240 provides that the Council may determine its own rules of procedure for meetings. The following set ofrules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted in themanner provided by these rules.

2. General Rules

2.1. Public Meetings: All meetings of the Council shall be open to the public, expect those provided in NRS 241 and 288. Theagenda and backup material shall be open to public inspection in the City Clerk’s Office.

2.2 Quorum: A majority of the members of the Council shall constitute a quorum and be necessary for the transaction ofbusiness. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time.

2.3 Compelling Attendance: The Council may adjourn from day to day to compel attendance of absent members.

2.4 Minutes: A written account of all proceedings of the Council shall be kept by the City Clerk and shall be entered into theofficial records of the Council.

2.5 Right to Floor: Any member desiring to speak shall be recognized by the chair, and shall confine his remarks to the itemunder consideration.

2.6 City Manager: The City Manager or his designee shall attend all meetings of the Council. The City Manager may makerecommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote.

2.7. City Attorney: The City Attorney or Deputy City Attorney shall attend all meetings of the Council and shall, uponrequest, given an opinion, either written or verbal, on questions of the law.

2.8 City Clerk: The City Clerk or Deputy City Clerk shall attend all meetings of the Council and shall keep the officialminutes and perform such other duties as required by the Council.

2.9 Officers and Staff: Department heads of the City, when there is pertinent business from their departments on the Councilagenda, shall attend such Council meetings upon request of the City Manager.

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http://www.mesquitenv.gov

http://nv.gov/

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2.10 Rules of Order: “Roberts Rules of Order Newly Revised” 10th Edition shall govern the proceedings of the Council in allcases, provided they are not in conflict with these rules.

3. Types of Meetings

3.1 Regular Meeting: The Council shall meet in the Council Chambers for all regular meetings. Regular Council meetings willbe held on the second and fourth Tuesday of each month. If the second or fourth Tuesday falls on or near a holiday or falls on anyday wherein it is determined a quorum may not be available, the Council may provide for another meeting time.

3.2 Special Meetings: Special meetings may be called by the Mayor or by a majority of the City Council. The call for aspecial meeting shall be filed with the City Clerk in written form, expect that an announcement of a special meeting during anyregular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meetingshall specify the day, the hour, and the location of the special meeting and shall list the subject or subjects to be considered.

3.3 Adjourned Meeting: Any meeting of the Council may be adjourned to a later date and time, provided that no adjournmentshall be for a longer period than until the next regular meeting.

3.4 Workshop and Study Sessions: The Council may meet in workshops or study sessions to review upcoming projects,receive progress reports on current projects, or receive other similar information from the City Manager, provided that alldiscussions thereon shall be informal and open to the public.

3.5 Executive Sessions: Closed meetings may be held in accordance with NRS 241 and 288.

4. Duties of Presiding Officer

4.1 Presiding Officer: The Mayor, if present, shall preside at all meetings of the Council. In the Mayor’s absence, theMayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the Council members present shall elect aPresiding Officer.

4.2 Preservation of Order: The Presiding Officer shall preserve order and decorum; prevent attacks of a personal nature orthe impugning of members’ motives, and confine members in debate to the question under discussion.

4.3 Points of Order: The Presiding Officer shall determine all points of order, subject to the right of any member to appeal tothe Council. If any appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be sustained?”

5. Order of Business and Agenda

5.1 Agenda: The order of business of each meeting shall be as contained in the agenda in accordance with NRS 241 preparedby the City Clerk and approved by the City Manager. The agenda shall be delivered to members of the Council at least three (3)working days preceding the meeting to which it pertains.

5.2 Special Interest/Presentation Items: Unless otherwise approved by the City Manager, and in order to provide for theeffective administration of City Council business, a maximum of four (4) items of special interest or presentation shall be scheduledon one agenda. Special Interest/Presentation items must appear on the agenda and it is not appropriate for presentations to bemade during the public comment portion of the meeting.

6. Creation of Committees, Boards and Commissions

6.1 Resolution: The Council may by resolution create committees, boards, and commission to assist in the operation of theCity government with such duties as the Council may specify, which shall not be inconsistent with law.

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6.2 Membership and Selection: Membership and selection of members shall be as provided by the Council if not specified bylaw. Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose forwhich it was created, as provided in the initial resolution, or when abolished by a majority vote of the Council. No committee,board or commission shall have powers other than advisory to the Council or to the City Manager, except as otherwise providedby law.

6.3 Removal: The Council may remove any member which they have appointed to any board, committee or commission bya vote of at least a majority of the Council. Such appointed members will be removed automatically if they fail consistently (threeor more unexcused absences) to attend meetings.

7. Voting

7.1 All voting procedures shall be in accordance with Parliamentary Authority.

7.2 Point of Order: Any Council member may raise a Point of Order if s/he perceives a breach of the Council’s proceduralrules and insists on the enforcement of the rule by the Presiding Officer. A Point of Order take precedence over any main motion,is not debatable, is not amendable, but may be superseded by a motion to table the item over which the Point of Order was raised,and is ruled on immediately by the Presiding Officer.

7.3 Point of Information: This is a request by a Council member, directed to the Presiding Officer or appropriate individualfor information relevant to the pending item. A Point of Information takes precedence over a main motion, is not debatable, is notamendable, is not superseded by other motions, and is ruled on for appropriateness by the Presiding Officer.

7.4 Abstentions: A member may abstain from voting for any reason s/he deems appropriate.

7.5 Failure of Affirmative Motion: The failure of a motion calling for affirmative action is not the equivalent of the passage ofa motion calling for the opposite negative action. The failure of such affirmative motion constitutes no action.

7.6 Failure of Negative Motion: The failure of a motion calling for a negative action is not the equivalent of the passage of amotion calling for the opposite affirmative action. The failure of such a negative motion constitutes no action.

7.7 Lack of Passage of a Motion: In some instances (maps in particular, per NRS) lack of passage of a motion may result inthe item being “deemed approved.” In other instances no action may result in confusion and complication for the applicant. In allcases the City Council will strive to achieve a decision or action.

8. Citizens’ Rights

8.1 Addressing the City Council: Any person desiring to address the Council by oral communication shall first secure thepermission of the Presiding Officer.

8.2 Time Limit: Each person addressing the Council shall step to the microphone, shall give his/her name and residenceaddress in an audible tone of voice for the record and, unless further time is granted by the Presiding Officer, shall limit the time ofhis/her comments to three (3) minutes.

8.3 Public Comment Content: The presiding officer or the majority of City Council may prohibit comment if the content ofthe comments is a topic that is not relevant to, or within the authority of, the public body, or if the content of the comments iswillfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational, or amounting topersonal attacks or interfering with the rights of other speakers.

8.4 Disruptive Conduct: Any person who willfully disrupts a meeting to the extent that its orderly conduct is madeimpractical may be removed from the meeting by order of the Presiding Officer or majority of the City Council. A person willfullydisrupts a meeting when s/he (1) uses physical violence, threatens the use of physical violence or provokes the use of physicalviolence, or (2) continues to use loud, boisterous, unruly, or provocative behavior after being asked to stop, which behavior is

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determined by the Presiding Officer or a majority of the City Council present to be disruptive to the orderly conduct of themeeting, or (3) fails to comply with any lawful decision or order of the Presiding Officer or of a majority of the City Councilrelating to the orderly conduct of the meeting.

8.5 Written Communications:a. In General: Interested parties or their authorized representatives may address the Council by written communication inregard to any matter concerning the City’s business or over which the Council has control at any time by direct mail to Councilmembers, email, or by addressing it to the City Clerk and copies will be distributed to the Council members. b. At City Council Meetings: Except as provided in subsection c, written communications will not be read at City Councilmeetings, but will be attached to the item as part of the record, tallied, and reported by the City Clerk as generally in favor of oragainst the proposition.c. Exceptions: A written communication to the City Council may be read by City staff at a City Council meeting when (1)the person making the written communication has asked it be read aloud, (2) the person is unavailable to be at the meeting due toemergency or illness, (3) the written communication can be read in an ordinary cadence within three minutes, and (4) the person’sname appears on the written communication and will be read into the record.

9. Suspension and Amendment of These Rules

9.1 Suspension of these Rules: Any provision of these rules not governed by law may be temporarily suspended by amajority vote of the City Council.

9.2 Amendment of these Rules: These rules may be amended, or new rules adopted, by a majority vote of all members of theCity Council, provided that the proposed amendments or new rules have been introduced into the records at a prior City Councilmeeting.

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City Council Agenda Item Report

Submitted by: Tracy BeckSubmitting Department: City Manager

Meeting Date: November 9, 2016

Subject:Public Comments

Recommendation:

Petitioner:Andy Barton

Is this a budgeted item?No

Fiscal Impact:

Background:

Contract Bid Expires On:

Attachments:

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Submitted by: Tracy BeckSubmitting Department: City ClerkMeeting Date: November 9, 2016

Subject:Consideration of Approval of the November 9, 2016 Regular City Council Meeting Agenda; theSeptember 27, 2016 Regular City Council Meeting Minutes and the October 4, 2016 Technical ReviewMeeting Minutes.


Recommendation:Approve the November 9, 2016 Regular City Council Meeting Agenda; the September 27, 2016 RegularCity Council Meeting Minutes and the October 4, 2016 Technical Review Meeting Minutes.

Petitioner:Tracy Beck


Fiscal Impact:

Background:


Attachments: Cover Sheet m09-27-16.docx m10-04-16TRM.docx

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Technical Review Agenda Item Report

Submitted by: Tracy BeckSubmitting Department: City ClerkMeeting Date: November 1, 2016

Subject:Consideration of Approval of the November 9, 2016 Regular City Council Meeting Agenda; theSeptember 27, 2016 Regular City Council Meeting Minutes and the October 4, 2016 Technical ReviewMeeting Minutes.


Recommendation:Approve the November 9, 2016 Regular City Council Meeting Agenda; the September 27, 2016 RegularCity Council Meeting Minutes and the October 4, 2016 Technical Review Meeting Minutes.

Petitioner:Tracy Beck


Fiscal Impact:

Background:


Attachments: m10-04-16TRM.docx m09-27-16.docx

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Mesquite Regular City Council Meeting MinutesTuesday, September 27, 2016; 5:00 PM

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Mesquite City CouncilRegular Meeting

Mesquite City Hall10 E. Mesquite Blvd.

Tuesday, September 27, 2016

Minutes of a scheduled meeting of the City Council held Tuesday, September 27, 2016 at 5:00 PM at City Hall. In attendance were Mayor Allan S. Litman; Council members Cindi Delaney, Geno Withelder, George Rapson, Kraig Hafen, and Rich Green, Also in attendance were City Manager Andy Barton, Finance Director David Empey; City Attorney Robert Sweetin (via telephone); Public Works Director Bill Tanner; City Liaison Aaron Baker and City Clerk Tracy Beck, other city staff and approximately 48 citizens.

Mayor Litman called the meeting to order at 5:00 P.M. (NOTE: This meeting has been tape-recorded and will remain on file in the office of the City Clerk for four years for public examination.)

Below is an agenda of all items scheduled to be considered. Unless otherwise stated, items may be taken out of the order presented on the agenda at the discretion of the Mayor and Council. Additionally, the Mayor and Council may combine two or more agenda items for consideration, and may remove an item from the agenda or delay discussion relating to an item on the agenda at any time. Public comment is limited to three minutes per person.

Ceremonial Matters

- Invocation - Pastor Bill Montgomery, First Baptist Church- Pledge of Allegiance

Public Comments

1) Public Comment

[Minutes:]Mayor Litman opened up the meeting to Public Comments.

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[Minutes:]Adam Leverenz: Good evening, I’m Adam Leverenz. According to the information I found online, these are compensation amounts for some Mesquite Civil Servants from 2015 and their noted as an aggregate of total pay and benefits. Craig Hafen, $23,905.25. Rich Green and Geno Withelder, $27,183.84. Cindy Delaney and George Rapson, $27,239.52. Allan Litman, $33,945.73. Drexel Meacham, $91,269.74. Aaron Baker, $110,422.09. Bob Sweetin, $146,342.21. Andy Barton, $170,817.75. Ryan Toone makes $91,319.63 as Municipal Court Judge and $93,378.72 as Justice of the Peace for a total of $184,698.35. Troy Tanner, the highest paid civil servant in Mesquite according to the information I found, in paying benefits makes $190,683.71. As part of earning this compensation, I am told by the previous City Clerk that all employees swear the oath which I have mentioned previously to support and defend the Constitutions of the United States and Nevada and bear true faith and allegiance to any ordinance, resolution or -

[Minutes:]Mayor Litman: Excuse me, Mr. Leverenz.

Mr. Leverenz: Yes. Can you stop my timer, please, sir?

Mayor Litman: I would like to know what this has to do with anything that the City Council has any authority or public body here has anything to do with.

[Minutes:]Mr. Leverenz: I believe that as Council persons and city attorneys and individuals that have sworn an oath to support and defend Constitution and laws, when knowledge has been provided you information, multitudes of -

[Minutes:]Mayor Litman: Okay, I am going to stop you, and I’m going to stop you under an AG’s ruling, and you can look that up if you’d like, File No. 13897-179.

[Minutes:]Mr. Leverenz: I’ll get that from the minutes online.

Mayor Litman: Thank you. Okay, if you have nothing relevant to add to that, and this has been a repetitious item over and over, the AG ruling say that I may stop your comments at this time.

Mr. Leverenz: Okay. I will continue with my 46 seconds, if I may, and try and --

[Minutes:]Mayor Litman: As long as it is not on this topic.

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[Minutes:]Mr. Leverenz: This topic is not going to go away. You can try and silence me. You've tried to silence me for years.

[Minutes;]Mayor Litman: Please have a seat. Thank you.

[Minutes:]Gary Elgorn: I can't hang around for the later part of the meeting, so I am broaching this topic now. It is about the cemetery. I am super thrilled to see a cemetery coming into town. It’s wonderful that we’re going to build it. It’s wonderful that we’ve got a place for it, and it’s wonderful that the town is moving forward on that. I think we can all agree that water is the life blood of the desert, which is where we live. I was looking at the plans for the cemetery, and I was a little surprised. The cemetery is going to use a lot of water. Anyone have any idea how much? Anyone else review the plans? I’m guessing about 12,000 gallons every watering cycle, one run of watering the plants and trees. The cemetery right now, the plans that are out there, I saw the drawings online, show a total of 259 trees, 1,491 shrubs, and over 133,000 square feet of grass. That’s about 20 properties of grass and about 40 properties of trees and shrubs as a minimum. That’s more than one month’s water usage every watering cycle for a normal home here in Mesquite. I think that’s a little excessive. I love the idea that we’re going to have a beautiful cemetery. I love the idea that it’s respectful to the people who live here and have put their lives into this town and passed away here, but I think that taking the desert and turning it into an oasis in the corner of town that is kind of off the beaten path anyway, it doesn’t make sense. I don’t understand that huge amount of use of water for a facility like that. I understand we want it to be beautiful. It’s supposed to be a field. I’ve been in up St. George. They have a cemetery up there. It’s very wide and open. It has very few trees, but it does have a lot of grass, but I think we should make a cemetery that fits our environment. Everybody here grew up in the desert. They lived in the rocks and the scrub, and I don’t think we should be putting that level of water into that facility day after day after day, 12,000 gallons every watering cycle. I think it is too much. I think we should review the plans and make a change. Thank you.

Minutes:Ceaser Zarate: I’d like to apologize for the way I look, I just got out of practice. Right now I am the SPO President of Virgin Valley High School. Right now we just got done with homecoming week this past week. I’d just like to come up here and thank the City for the parade, for shutting down the street for this. It was a great help, because of the Clark County School District has so many rules and guidelines in order for us to throw our own parade. So it’s a tremendous help from you guys, and we really do appreciate it. We would like to thank the City of Mesquite and Nick Montoya for helping us getting the connections and helping us get everything ready. It was a great parade in the end. I really do appreciate it. Virgin Valley High School and the Virgin Valley High School Student Council are always here whenever it is needed and I’d just like to say thank you.

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Consent Agenda

[Minutes:]Mayor Litman: We will move onto the Consent Agenda Items, Items 2-5. Do we have any comment from City Council on these items?

2) Consideration of Approval for the September 27, 2016 Regular City Council Agenda and the August 23, 2016 Regular City Council Meeting minutes.


3) Consideration of approval of:

a) Notification of Budget Transfersb) Notification of Budget Amendmentsc) Notification of Bills Paidd) Purchase Orderse) July 2016 Financial Statements

- Public Comment - Discussion and Possible Action

4) Consideration of Approval for the services of Sherman & Howard. They will provide services in connection with the Special Improvement District No. 07-01 (Anthem at Mesquite) Local Improvement Refunding Bonds, Series 2016.


5) Consideration of a one-year extension to the lease between the Southern Nevada Health District and the City of Mesquite for 2,000 square feet of office space, located at 830 West Hafen Lane and other matters properly related thereto.


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Council Member Hafen, moved to approve the Consent Agenda, items 2 through 5. Council member Rapson seconded the motion.

Passed For: 5; Against: 0; Abstain: 0; Absent: 0

Resolutions & Proclamations

6) Consideration of a proclamation recognizing Mesquite’s manufacturing companies and the their employees, and declaring October 7, 2016 as Manufacturing Day in the City of Mesquite and other matters properly related thereto.

- Discussion and Possible Action

[Minutes:]Mayor Litman read this item by its title and deferred to Mr. Baker.

[Minutes:]Mr. Baker: You have before you a proclamation, as the Mayor, read recognizing Mesquite’s Manufacturing Companies and their employees. Mr. George Gault, the Mesquite Regional Business is here to accept the proclamation if he wants to say anything about it. I’m not sure if he does or doesn’t.

[Minutes:]Mayor Litman: I am going to reads the proclamation, and then I’ll bring it down to Mr. Gault.

WHEREAS, the first Manufacturing Day (MFG DAY) was held October 5, 2012, and has continued to be observed the first Friday in October for North American manufacturers to open their doors to showcase the potential of modern manufacturing and foster interest in manufacturing careers; and

WHEREAS, the MFG DAY mission is to empower manufacturers to improve the public perception of manufacturing careers and the sector’s value to the economic health of the United States by connecting them to business improvement, community resources and next-generation workers; and

WHEREAS, Mesquite Regional Business is a local economic development organization committed to economic development within the City of Mesquite, the Virgin Valley and the Moapa Valley; and

WHEREAS, the Mesquite Chamber of Commerce is a local chamber of commerce focused on the success of existing businesses in Mesquite; and

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WHEREAS, Mesquite Works is a community based organization created to address workforce development issues; and

WHEREAS, the City of Mesquite is well positioned for future manufacturing growth opportunities with many existing industrial properties within Mesquite and new projects such as Exit 118; and

WHEREAS, in celebration of MFG DAY, Mesquite Regional Business will facilitate tours of our Mesquite’s manufacturing facilities October 5, 2016, to showcase career opportunities in this field; and,

WHEREAS, the City of Mesquite has priorities to invest in the community’s infrastructure and to ensure long-term financial resiliency;

NOW, THEREFORE, the Mayor and City council of the City of Mesquite do hereby recognize Mesquite’s manufacturing companies and their employees for their contributions towards making Mesquite an outstanding city and proclaim October 7, 2016, as Manufacturing Day.

Council Member Delaney, Council Member moved to approve the Proclamation Council member Withelder seconded the motion.

Passed For: 5; Against: 0; Abstain: 0; Absent: 0.

(Mayor goes to present the proclamation – Photos Taken)

Department Reports

7) Mayor's Comments

[Minutes:]Mayor Litman: I was reminded this evening that we are still looking for individuals to serve on the Charter Committee for the City of Mesquite, and if you’re so interested please contact either Mr. Barton, Mr. Baker, myself or anybody else you can find in the City. Thank you.

8) City Council and Staff Reports

[Minutes:]Council member Hafen: I would like to thank the City Staff for the help with the high school homecoming parade last Thursday night. It was a great success. A lot of people came and attended. There were a lot of city employees that spent their time to make that happen. I would also like to throw out there that when Council member Rapson,

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myself, Mayor Litman got elected, we changed that because prior to that, the City wouldn’t allow the parade. So I just want to give kudos to those who were elected back in 2011 to put kids important in the community. I just want to thank the Virgin Valley High School and all those who participated and especially the City Staff for making it a great success, so thank you.

[Minutes:]Council member Rapson: At the risk of being contrary, I normally wouldn’t say anything about this, but my opinion is that Mr. Leverenz should be able to voice his concerns,although I will say that we’ve heard him over and over, and they are seven years old,before anybody here as far as I know had anything to do with the City. They were, as I said before, adjudicated or at least dismissed, but from a freedom of speech perspective, if this makes him feel better attacking us, that’s fine. I can take it for 3 minutes, but that’s just my opinion.

[Minutes:]Mr. Barton: Just wanted to mention that next City Manager Community Forum is going to be this Thursday, September 29th, at the Eureka Casino, 8 a.m. in the Bryce Canyon Room. Hope to see everybody there. Thank you.

Administrative Items

9) Consideration of Introduction of Bill No. 505 as Ordinance No. 505 concerning the City of Mesquite, Nevada, Special Improvement District No. 07-01 (Anthem at Mesquite); authorizing the issuance of local improvement refunding bonds; and providing for the adoption of this Ordinance as if an emergency measure as provided by 271.308 and 350.579 that becomes effective immediately.

- Introduce Bill No. 505- Public Hearing- Discussion and Possible Action- Adoption of Bill 505 as Ordinance No. 505

[Minutes:]Mayor Litman read this item by its title and opened up the meeting to Public Hearing. There were no speakers.

[Minutes:]Council member Rapson: Just for the public’s iteration, this is a refunding agreement of an Anthem SID as it was read into the record. It’s revenue neutral to the City. All fees are paid out of the proceeds of the bonds. It’s simply getting a better interest rate than what they have now, which reduces the interest payment or the payments in total of the

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homeowner’s that are affected by the Special Improvement District Bond. It’s a good thing for everybody and particularly for our consultants who love this.

[Minutes:]Council member Hafen: Mr. Empey, would you just explain for the public, because normally we introduce the bill, and then we adopt it two weeks later as an ordinance.Would you explain why we are doing it this way, just so there’s no confusion?

[Minutes:] Mr. Empey: Yes, this as though an emergency existed. Essentially that allows us in this financing transaction to be more nimble when it comes to pricing the bonds, which I believe according to the closing schedule I have is set to occur on or about the 13th of October. At that time the bond underwriters set that price in an open investment market if you will. They line up buyers of these bonds and settle in on an interest rate which these bonds will bear. I might introduce John Peterson who represents JNA Consulting, and John, maybe you can elaborate a little bit more on that, and clarify anything that I may not have done.

[Minutes:]John Peterson, JNA Consulting Group: Council member Hafen, to your question, yes, it is a little bit different than how the city traditionally introduces and adopts ordinances, however I would mention, that it’s pretty standard within Nevada when we are doing ordinances and resolutions for financial matters such as bonds that they are done as if the emergency existed. As Mr. Empey pointed out, it really is to give us a quicker access into the market, otherwise, under our traditional ordinance introduction, we would have this action, we would come back in two weeks and really wouldn’t be able to price the bonds until the effective date of the ordinance which would be some period after that. As Mr. Empey indicated, we are looking to lock in the interest rates around October 13th, without the emergency. Likely, it would be pushed to the end of October and possibly even early November before we could complete those steps. And on a personal note, I thank Council member Rapson for his comment.

[Minutes:]Council member Green: As I’m a homeowner in Mesquite, and I do have an SID standing as a homeowner in Sun City. I believe this is in the best interest of all the homeowner’s, but I will abstain from the vote.

[Minutes:]Mr. Empey: I would just add that this is going to generate over a 20-year period an interest savings of approximately $3.2 million. This refunding doesn’t extend the amortization period, the period over which these bonds are ultimately paid off. There would be 21 years remaining life under this new refinancing as there was under the previous bond financing, so we haven’t moved out the period of indebtedness any further than it already exists. It’s a win/win, really, for the property owners there in the Anthem Special Improvement District.

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Council Member Hafen moved to Adopt Bill 505 as Ordinance 505 concerning the City of Mesquite, Nevada, Special Improvement District No. 07-01 (Anthem at Mesquite); authorizing the issuance of local improvement refunding bonds; providing for the adoption of this Ordinance as if an emergency exists. Council member Rapson seconded the motion.

Passed For: 4; Against: 0; Abstain: 1 (Green); Absent: 0.

10) Consideration of approval of an agreement with Overton Power District for the scheduling, delivery and billing associated with the City receiving an allocation of a Hoover Schedule D Power and other matters properly related thereto.


[Minutes:]Mayor Litman read this item by its title and deferred to Aaron Baker.

[Minutes:]Aaron Baker: We have before you an agreement with Overton Power District. As you know over the past year, year and a half, we've talked about less expensive power that the City can receive from Hoover, and so in order to get it from Hoover to us we had to nurture an agreement with Overton Power District to get it actually to us. So this is that agreement. Just to give you kind of a highlight of some of these things that are in the agreement, the costs associated with that are actually costs. So there’s not a mark-up from Overton Power District. The costs they pay for transmission is the cost that we will pay. That cost will be updated on an annual basis. We do not have those hard costs in this agreement, Exhibit B. That will be figured out by March, and when Overton Power District has their prices calculated, because they have their prices they’re trying to figure out for their transmission from Hoover to Mead Substation. They are part of what’s call the tri-party agreement. That’s not figured out for the next coming year, so this won’t be effective until October 1, 2017, but the CRC requires that we have this transmission agreement in place by October 1, 2016. So that’s why you are seeing this tonight, but you’re not seeing actual costs. There will be a savings, but that amount is to be determined. There is a termination clause in the agreement, so if it becomes not cost effective for the City, if we’re paying $.13 a kilowatt hour and Overton Power District is charging $.095, we have the ability to terminate that power and just go back to the regular rates. So there is ability. We’re not stuck in something for a fifteen year term that doesn’t work. And the term of this agreement matches the term for our Hoover,which is for 15 years.

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So I would like to thank Overton Power District. They’ve been very good to work with on this process. I appreciate Menes Cooper. He’s here, members of his board and staff. They approved this week with a few minor changes, but the version that got in your packet was with those changes included. So there are no changes at this time. I’m happy to answer any questions. Like I said, Exhibit B will be before you in March ofnext year with the final numbers established there.

[Minutes:]Council member Rapson: Would you explain page 178 in that document and the threefollowing pages, let me let me know what exactly what that said?

[Minutes:] Mr. Baker: On the online version, Exhibit A did not include past agreements the Council’s approved, but if anyone would like that for their reading pleasure in the audience as well, it went from 17 pages to about 250 with the Exhibits.

[Minutes:]Council member Hafen: Was that because of the Overton Power District?

Council Member Rapson, moved to approve the Agreement with Overton Power District for the scheduling, delivery and billing associated with the City receiving an allocation of a Hoover Schedule D Power and other matters properly related thereto. Council member Green seconded the motion.


11) Consideration of approval to hire a consulting firm to review management compensation practices and provide recommendations and other matters properly related thereto.


[Minutes:]Mayor Litman read this item by its title and deferred to Andy Barton.

[Minutes:]Mr. Barton: Over the years, there have been several different methods that have been used to compensate upper management employees, and by upper management I’m talking about 23 municipal employees who are in upper management. For example, upper management employees in one department currently received annual step increases which take them to the top of their salary ranges. All managers in other departments don’t have steps available to them. More recently, upper management employees in another department received significant order of magnitude raises, which

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is a practical matter of cost, probably won’t be available to other managers. In both of the incidences I mentioned, part of the rationale for approving the raise is aside from merit had to do with the fact that subordinate employees were making more than theirmanagers. The situation exists in other departments as well, but moving forward the City needs a fair and a consistent affordable mechanism for paying its top managers.

So essentially, this study is an attempt to create a uniform system for evaluating and compensating management. The review would include examining current positions, current compensation, span of control, overall responsibilities and experience, and most importantly the recommendations would include a fair and systematic way for management employees to be compensated. The consultant will provide a report outlining the recommendations, raising timelines, action steps, and responsible parties.

The City solicited proposals through three different consultants and we’re recommending that the HR Consulting Firm of Pontiflex do the study. Pontiflex is by far the low bid at $9750. Pontiflex has done this kind of work throughout the State of Nevada, and is currently doing similar work for the Las Vegas Clark County Library District. They came highly recommended. We vetted them, and they checked out. This is not a budgeted item, but funding will come from General Fund. We anticipate ample year end savings from the departments to more than cover the cost of the study. So Staff recommendation is to higher Pontiflex Consulting Group to conduct the study and approve the expenditure of $9750.

[Minutes:]Adam Leverenz: My initial comments were going to ask some questions related to what Mr. Barton just explained, so I can forego that portion. Ideally, I think civil service should include a high level of motivation to serve for getting into it. I mean, I understand everybody needs to have a wage and earn a living and all that, but I think in some instances people’s self-interest may be being putting ahead of serving the public. When your compensation amounts that are available on the transparentnevada.com website are looked at, I think people in the City, a lot of them make far more than any citizen in Mesquite typically makes. In the private sector, pensions are pretty much a thing of the past, but I believe City employees get pensions. The Affordable Care Act turned out to be not all affordable for a lot of people, but I believe that City employees get decenthealth benefits. You also generally get to work in a smoke free environment, unlike many employees in the City. When I walk away, I’d like explained, Andy Barton mentioned 20 some odd upper management. It would be interesting to know who those people are. I assume the City Manager is upper management. I would suppose that the City Attorney may be, as he is the top legal officer. I’m wondering are union employees in the police and fire departments, do they fall under upper management, the Mayor and Council, any of that? I’m concerned that people are making so much money that when made aware, if you’re going to cut me off again, of something wrong, take an oath, but refuse to do anything, you could probably find people that would keep their word, and maybe they’re deserving of some of these amounts, but people that can’t even keep their simple word, maybe don’t need that much. Thank you.

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[Minutes:]Mr. Barton: Just to answer Mr. Leverenz’s question about the employees that would be covered under this, we’re talking about managers who are not covered under any of the union contracts. So these are upper management. This would include the department heads, higher level supervisors, and that sort of thing, but does not include anybody who’s covered by any of the unions that are representing City employees.

[Minutes:]Council member Green: Mr. Barton, were the consultants that you’re recommending able to give us a time frame?

[Minutes:]Mr. Barton: We are hoping to get this thing done within 6 weeks.

[Minutes:]Council member Green: From the date of appointment?

[Minutes:]Mr. Barton: Actually, we’re hoping to get it done prior to the election.

[Minutes:]Council member Rapson: From my perspective, this is something I asked for among others I think that we have sort of for the past I don’t know how long, quite some time before we got here. Well this guy has been three years without a raise, we need to give him something. There’s no logical method of measurement. There’s no logical amount that’s based on performance or length of service or steps or anything like that. So it’s been rather random and haphazard, and basically, I don’t know, not very organized. So the thought was if we can have a structured -- and I should say management has been outstanding in not taking raises, taking cuts, and being tolerant of the financial situations that the City has been in for the last 5 or 6, 7 years, 8 years. It’s time, like all of the other employees who are members of the bargaining units, whichever one, have some assurances that they are valued, that they can make more money for their families and to survive, but yet base it on some empirical data, some quantitative measure and I’m a big proponent of that rather than just whoever squawks or whoever’s been without it the longest gets the first one. We need to have some organized method. That’s what’s coming up in the next few items, just did with the Teamsters. We’ve done it with fire and police.

There’s always an argument that City employees make more than the private sector. I’ve said that, and I agree, but that is something you can’t change at this point, sadly. So I think there has be some qualitative and quantitative measurement and a process that people can rely on and they can say okay, I’m going to commit to this job for the rest of my life, until I retire, and I know what I can potentially earn and how I’m going to earn it if I do a good job. That’s what everybody expects in the jobs that they have,

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irrespective of whether it’s city or private industry. I did in the private industry. So I’m all for this.

[Minutes:]Council member Delaney: I think that this is just another one of our attempts to makeeverything fair and equitable to everybody. We’ve gone through some City code that we’re looking at changing that addresses business issues. This is one of those things that I believe several of us have talked to Mr. Barton about because it was all random. If you have a job, and somebody else is suddenly getting a raise, and you’re not, and there’s no reason or rhyme or reason behind it, you don’t have any benchmarks. You don’t have any way to know if I’m in this job, when am I going to get a raise? When do I get to advance? And hopefully this study will fix that so that there are direct lines. We have things laid out so that people will know what the next steps are, and I’m not steps as in steps for raises. I’m just saying how they get from being the new employee to topping out. I think that we’re still a very young city, and we’ve done a lot of growing. There’s been some randomness in the way raises were given and I think this a very good thing that we’re going to try to fix it so that going forward, there will be a consistent way to pay people and to give raises to them.

[Minutes:]Mayor Litman: Let me make a quick comment to Mr. Leverenz on this issue. This has no effect on the City Council or the Mayor, whatsoever. We are not allowed by law to give ourselves any kind of a pay increase. In fact, the City Council took a 40% decrease in 2011, and it has remained the same ever since.

Council Member Rapson, moved to approve the expenditure of $9,750 for a review and direct the City Manager to retain Pontifex Consulting Group to conduct the review. Council member Green seconded the motion.


12) Consideration of Bid Award for the 2016 New Mesquite City Cemetery Phase I Project.


[Minutes:]Mayor Litman read this item by its title and deferred to Bill Tanner.

[Minutes:]Mr. Tanner: This project is a project we have had on-going for probably 3 to 4 years. We spent the last couple of years filling that in with sediment out of the detention basin.

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We finalized the plans and bid the project. We’re recommending to award the project to Trade West Construction in the amount of $1,238,713.59. Also in this item we’re showing and asking for approval of the items that the City needs to purchase, which is the granite and the double dip lawn crypts, which will put the total of the project $1,268,885.59. We’ve identified the areas where we had $900,000 in the budget. $69,000 and some change will come out of Right of Way, $10,000 out of Sewer Fund, and $289,383 out of the Capital Project Fund Balance. We’re recommending for approval.

I will answer one of the questions that was brought up on water usage. The cemetery is built right close proximity to a reuse pond. We have the ability to use reuse on the cemetery, treated effluent to tertiary treatment. We are lacking capacity during the summer months, so we will have to subsidize that with water during June, July, and August. We don’t have the ability to water that through those months, but during the winter months, nine months out of the year, we will be able to use secondary water on the cemetery. We had five bidders, low bid Trade West. The high bidder was Wadley at $1,677,000. Recommend for award, and will answer any questions the Council may have.

[Minutes:]Council member Withelder: As we discussed in Tech Review a week ago, can maybe you address this, the item that we spoke of to the audience to let them know exactly what the situation is with the VA Funding, if any, or the approximate dedication for the VA portion of the cemetery, if indeed there is going to be one?

[Minutes:]Mr. Tanner: There is a section in the cemetery plan that is a Veteran’s area. It’s identified, and the concrete will be poured for that area. There will be a defined area for the Veterans. What we don’t have is any committed funding, and I sent out an email,I’m hoping everyone got that email, showing the areas and the agencies that we had went after funding, and the last letter I believe was from Dean Heller?

Mayor Litman: Should have been Senator Heller’s office.

Mr. Tanner: Right, indicating that that funding had been frozen and that right now there won’t be any funding until something changes in that Veteran's Affairs Committee. So we have no funding from the veterans other than the funding the City is going to provide through the construction of the cemetery.

[Minutes:]Council member Withelder: But is it still possible that somewhere down the road that could materialize?

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[Minutes:]Mr. Tanner: Absolutely. I think there is a strong movement towards trying to get the Veteran’s Affairs to fund some of these rural cemeteries, because there are a lot of veteran’s that are passing away in those areas. Like right now I believe you have to go to Boulder City. Boulder City is the only one in the South, and I believe there is one in the North and one in Cedar City.

[Minutes:]Mayor Litman: There is one in Ely, but it is not a federal cemetery per se. It came under this rural program, and Mesquite put their name in for it, and it was awarded, I believe to Ely, Nevada, not to Mesquite.

[Minutes:]Mr. Tanner: Right. So we will still aggressively approach or go after those types of funding for that Veteran’s portion of the cemetery, but right now we have not been able to find any additional funding per se.

[Minutes:]Council member Rapson: I can't disagree entirely with the gentleman who spoke about the water issue. I mean, I think if there’s an opportunity to minimize usage. I mean,that’s great that we have reuse available in the winter, but even more indigenous trees that take less water, maybe some areas of DG or some other opportunity to scale back to some degree. I still have the belief that I think we have the ability to make this a very attractive and peaceful place within what we have available to us. Anything in that regard would probably make some sense.

Council Member Withelder moved to Recommendation to Award Bid to Trade West Construction Inc., for $1,238,713.59. Council member Rapson seconded the motion.


13) Consideration of approval of the 2016-2019 Collective Bargaining Agreement and possible Memo of Understanding and the resolution of arbitration between the City of Mesquite, Nevada and General Sales Drivers, Delivery Drivers, and Helpers & Representing the Public Sector Teamsters Local Union No. 14, Non-Supervisory Bargaining Unit, and the General Sales Drivers, Delivery Drivers, and Helpers & Representing the Public Sector Teamsters Local Union No. 14, M-1 and M-2 Class Supervisor Bargaining Unit.


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[Minutes:]Mayor Litman read this item by its title and deferred to Robert Sweetin.

[Minutes:]Mr. Sweetin: I will defer to Andy and Gina on this. I just want to say that my assessment is that this is a fair deal for both sides. I’d like to personally thank Fred Horvath and the Union stewards who were present at the last negotiation in putting together a good deal, I think, that safeguards the City's financial interests and also is fair to the City employees.

[Minutes:]Council member Rapson: I want to thank the bargaining unit for their patience through the process. I know there was a lot of things that were said back and forth, but I think the patience are rewarded. I want to thank Grant Davis for making the public spectacle,the editorial, and then coming up here with his deal, I think that was the catalyst, and the back and forth discussion. It actually let everybody know, including the bargaining unit who weren’t informed that we were making offers, let everybody know that we were engaged, we were fair, and I think this agreement is similar, somewhat reconstitutes it, but very similar to what we proposed several other times. So we got to where we were a long time ago, but I think it was that event that put this out on the table, got it in the public’s eye, and it woke everybody up, us included. So I want to thank them again for their patience. I want to thank Mr. Grant for his public comment. It hurt both of us, so that’s a good agreement.

[Minutes:]Council member Delaney: I would also just like to thank all of the employees. You know I hope that through this, although I know it came about in a rather unconventional way with some fireworks, and excitement, and drama. You know, I hope that everyone understands that all of us always believed that the employees deserved a raise. Nobody ever said they didn’t deserve a raise. There was a lot of hard work put into this, and even though it wound up having to get all thrown out on the table and kind of like airing the dirty laundry and everything else, we’re finally here, and I’m really glad that we’re here. I would like to thank Bob, Gina, Andy, and all the people that worked really hard to get us here and also Grant Davis and the other gentleman that Mr. Sweetin mentioned his name. Horvath, is that his name? Okay. You know, it took a lot of work, but we’re here. It should have been finished a long time ago, because I feel like we have made this a similar offer before, and I’m just glad that we’re here today.

Council Member Delaney moved to approve of the 2016-2019 Collecting Bargaining Agreement and possible Memo of Understanding and the resolution of arbitration between the City of Mesquite, Nevada and General Sales Drivers, Delivery Drivers, and Helpers & Representing the Public Sector Teamsters Local Union No. 14, Non-Supervisory Bargaining Unit, and the General Sales Drivers, Delivery Drivers, and Helpers & Representing the Public Sector Teamsters Local

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Union No. 14, M-1 and M-2 Class Supervisor Bargaining Unit. Council member Green seconded the motion.

Passed For: 5; Against: 0; Abstain: 0; Absent:

Public Comment

14) Public Comment

[Minutes]Mayor Litman opened up the meeting to Public Comment.

[Minutes:]George Gault: I’d just like to say thank you for the Proclamation. That’s an effort sponsored by the Las Vegas Global Economic Alliance and the Clark County School District. All of the economic developers in Clark County are participating. I’d like to give a word of thanks to both Primex and Loadtec who together employee almost 200 people in our community with good paying, strong, stable jobs, and hopefully we’re going to have some more of those in the near future. I think it’s a great opportunity for us to talk about those kinds of companies. In Moapa Valley, the kids are going to see Simplot and get into the Reid Gardner Power Plant. We’ve got young people coming from the Beaver Dam High School, the Virgin Valley High School and Moapa Valley High School. So I’ve worked with the school principals, with the football coach here, with the companies, and it’s just been a great exercise. I’m anxious for the young people to have an opportunity to see these kinds of jobs. So, thank you.

[Minutes:]Adam Leverenz: I am going to try and quickly touch on a couple of things. First off, back to agenda item 11, I think $9,700 is a good investment to get equitable pay among the management staff; that’s probably good for morale and a wise investment, especially compared to the other bids. I don’t know if I was distracted in shuffling papers back there, but I perhaps Ms. Beck could check was that moved, and seconded and voted on, item number 11, agenda item 11. Was it, Mr. Barton? Okay, I missed that, then. Then as far as responding to the 40% pay cut of Mayor and Council back in 2011, $33,000 a year. I realize you go to a lot of meetings. I’ve tried to get in touch with you, you’re in Vegas with the Mayor of Vegas, Ms. Goodman, and you know you’re busy, so I think you’ve put a lot of time into this job. That number I cited is pay and benefits. I didn’t break it down, but that’s still a substantial amount, I think, compared to a lot of public sector workers in Mesquite. Yet it would be nice if they all got more. Then finally, I want to thank Mr. Rapson for his belief in the First Amendment in allowing me speak, and I would hope that as a veteran, you would support that amendment, too. Thank you.

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[Minutes:]Mayor Litman: In as much as my salary was mentioned, I need to make public mention of the fact that the Mayor does not make $33,000. The Mayor makes, I believe, $15,000. $15,000 is the salary for basically a full-time job. Our Council members make $10,500. There are benefits available, but no math that I could come up with comes up with the numbers you stated this evening for any City employee and including City Council members or the Mayor.

[Minutes:]Art Pereida, Candidate for Mayor: On Item number 11, in reference to compensation practices for upper management and administrative personnel, I’m sure you are very aware that at that level, management confidential and upper management, they are normally at will employees. They are not subject to negotiation and pay raises, as you would the general employee. They’re at a different level. Okay, so that’s something that’s determined, and I know you tried to determine that, but just because the general employees get a pay raise, that does not mean, generally, upper administration gets a pay raise. That’s why they get the big bucks, no overtime and the whole bid, and all that kind of good stuff. So I hope you take that into consideration. Thank you.

Adjournment

15) Adjournment

[Minutes:]Mayor Litman adjourned the meeting at 5:51 PM.

____________________________ __________________________

Allan S. Litman, Mayor Tracy E. Beck, City Clerk

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Mesquite Technical Review Meeting MinutesTuesday, October 4, 2016; 1:30 PM

Page 1

Mesquite Technical Review Meeting

Mesquite City Hall

Tuesday, October 4, 2016; 1:30 PM

Minutes of a scheduled meeting of the City Council held on Tuesday, October 4, 2016 at 1:30 PM at City Hall in the Training Room. In attendance were Mayor Allan S. Litman, Council members George Rapson, W. Geno Withelder, Richard Green, Kraig Hafen, and Cynthia "Cindi" Delaney Also, in attendance were City Manager Andy Barton, Public Works Director Bill Tanner, Development Director Richard Secrist, City Liaison Aaron Baker, Chief Troy Tanner, City Attorney Robert Sweetin, City Clerk Tracy Beck, other city staff and approximately 5 citizens.

Mayor Litman called the meeting to order at 1:30 p.m. (NOTE: This meeting has been tape-recorded and will remain on file in the office of the City Clerk for four years for public examination.

Below is an agenda of all items scheduled to be considered. Unless otherwise stated, items may be taken out of the order presented on the agenda at the discretion of the Mayor and Council. Additionally, the Mayor and Council may combine two or more agenda items for consideration, and may remove an item from the agenda or delay discussion relating to an item on the agenda at any time. Public comment is limited to three minutes per person.

Public Comments

1) Public Comments

[Minutes:]Mayor Litman opened up the meeting to Public Comments.

[Minutes:]Barbara Ellestad, Mesquite Local News: I just want to make sure all of you remember this Friday from noon to 3 is the Welcome Back Snowbird Event. We are going to have hamburgers and hotdogs, if I can find a place to buy them, because I still don’t have them. Anyway, we would like all of you to be there. Jesslyn, thank you very, very much for all your help and assistance. The Rec Center is going to have all kinds of fun and games and everything, and there’s just no way in the world we’re going to be able to contain it all in our little baby parking

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lot. So we just feel like we absolutely are going to have so many people we’re going to have to spill out onto the street, Yucca Street, and I would really hate to have to call the cops and ambulances when somebody gets run over. So you know in the interest of public safety, just knocking that street off just for a couple of hours would be great.

[Minutes:]Mike Benham, CERT Director: I want to give you a quick update on the CERT Program. We were at the Senior Center. We were supposed to give two talks, but they had so many people that we had to give three. We’ve been invited back on the 19th to talk about the West Nile Virus the 7th to our Preparedness Class. We are in full swing now. We’re changing batteries for the smoke detectors. We went to one house, and we had to change nine in one house which is a big house. That’s where CERT is right now. We are running a little bit low on batteries. I think I had 1,000. We are down to about 400, so we are going to approach Eveready and see if they’ll make another donation, so people don’t have to buy them. So that’s where we are with CERT.

Consent Agenda

2) Consideration of Approval of the October 11, 2016 Regular City Council Meeting Agenda and the September 13, 2016 Regular City Council Meeting minutes.


[Minutes:]Mayor Litman read items 2 and 3 of the Consent Agenda and asked if there were any questions or comments.

[Minutes:]Council member Rapson: I would like to add an item to the agenda, Bill 506 introduces an amended City Ordinance 6-7-1 OAC golf carts. Legally, right now they cannot drive on the streets, but with the amendments they can. They will be able to access everywhere in town, in the light and drive on Pioneer and Falcon Ridge Parkway and Oasis Boulevard, with I might add, I believe there’s going to be specific purposes. You can’t just cruise and commute and do your stuff. You have to be going from Point A to Point B, so it’s not an unlimited license to drive your carts around. I’ll let him follow up with that at the Council meeting.

[Minutes:] Mayor Litman: Chief is now here if we need any more explanation than that, and I think we have to exemptions to that ordinance, too, Sandhill, the Roundabout, and Mesquite Boulevard. Okay, so we’re going to introduce that ordinance. Counselor, do you think Consent Agenda on that?

Mr. Sweetin: Wherever Troy wants it. Whatever his request would be.

[Minutes:]Chief Tanner: Consent agenda. That would be great.

[Minutes:] Mr. Sweetin: Or if it’s an Ordinance, you’d have to introduce it.

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[Minutes:] Mayor Litman: This will be a Public Hearing and will go on Administrative. We have to take a vote on that to add that item.

Council member Delaney moved to add the Item of Bill 506 as Ordinance 506 to be placed on the October 11, 2016 Agenda. Council member Withelder seconded the motion.

Passed For: 4; Against: 0; Abstain: 0; Absent: 1 (Hafen)

3) Consideration of approval of:a) Notification of Budget Transfersb) Notification of Budget Amendmentsc) Notification of Bills Paidd) Purchase Orderse) August 2016 Financial Statements


Resolutions & Proclamations

4) Proclamation - October is Arts Month


[Minutes:]Mayor Litman read this item by its title and asked if there were any questions or comments. There were none.

Department Reports

5) Mayor's Comments

[Minutes:]Mayor Litman read this item by its title and stated he had nothing.

6) City Council and Staff Reports

[Minutes:]Mayor Litman read this item by its title and deferred to Council and Staff.

[Minutes:]Council member Delaney: I will have something.

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Administrative Items

7) Consideration of Abandonment Case No. AB-16-001 (Craig Nielsen BLA) to abandon an existing public utility easement along the existing rear property lines of the lots at 1157 and 1169 Pebble View Lane and create a new public utility easements along the new rear property line created by the Boundary Line Adjustment Cases No. BLA-16-004 and BLA-16-005.


[Minutes:]Mayor Litman read this item by its title and asked if there were any questions or comments.

[Minutes:]Council member Rapson: I have a question. I sold the guys the houses that these abandonments are, but I have no ongoing relationship with any of them. Do I need to recuse or?

[Minutes:]Mr. Sweetin: I will talk to you about it after. You don’t need to recuse right now in Tech Review.

(NOTE: Council member Hafen arrived to the meeting at 1:37 PM from another meeting he had to attend.)

8) Introduction of Bill No. 502 (Medical Marijuana Separation Requirements) An ordinance amending Mesquite Municipal Code Section 9-8-8 Separation Requirements by making the method of measuring the required distance separation of liquor and medical marijuana establishments the same.


[Minutes:]Mayor Litman read this item by its title and deferred to Richard Secrist.

[Minutes:]Council member Delaney: Rich, is this just doing the thing where we’re changing the door to door thing or is this changing…

[Minutes:]Mr. Secrist: We are just changing it in the Medical Management. Exemption is now dropped down.

[Minutes:] Council member Delaney: Because we pretty much said that if they want to talk us item by item, you know case by case, right?

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[Minutes:]Council member Hafen: Did we talk to the folks that bought the old Solstice property?

[Minutes:]Mr. Secrist: I haven’t talked to them since we first discussed this.

[Minutes:]Council member Rapson: Did that close?

[Minutes:]Mr. Baker: Not yet.

[Minutes:]Mayor Litman: It would be nice. They should probably be there, I would think, if possible.

[Minutes:]Council member Rapson: I don't know if this is where you were going, Kraig, but they were concerned about the proximity issues, not the measurement. First of all, I believe its 1,000 feet from that door to the property line or pretty close.

[Minutes:] Mr. Baker: There is a little bit of overlap. It’s not huge, but there is overlap onto that property.

[Minutes:]Council member Rapson: So if every individual appellant that wants to do something that would fall into the category that needs approval, then we would just approve that on a one by one need be basis.

[Minutes:]Mr. Secrist: What would happen in practice is depending on the type of application they are making, that they would either come to Council on appeal if we denied their permit. They would request a variance, or if it’s a conditional use and we’d have a public hearing on that, Council could address the issue of waiver or separation requirement at that time. So they would have to do something to initiate it.

[Minutes:]Council member Rapson: But they do have an avenue to request and appeal.

[Minutes:]Mr. Secrist: That is correct.

9) Introduction of Bill # 503, an Ordinance amending Title 2 of the Mesquite Municipal Code entitled “Business License Regulations” by amending Mesquite Municipal Code Title 2 Chapter 1, Section 2-1-11 entitled, “Semiannual Gross Sales; “ Section 2-1-12 Entitled “Gross Sales; Schedule of Fees;” Section 2-1-13 entitled “Specific Fees and Regulations Enumerated;” and Title 2 Chapter 2, Section 3A-17

34


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entitled “Unsuitable Locations;” and Title 2 by adding a new Chapter 15, entitled, “Public Utilities;” and other matters properly related thereto.


[Minutes:] Mayor Litman read this item by its title and deferred to Richard Secrist.

[Minutes:]Council member Delaney: Isn’t this what at Community Forum on Thursday night?

[Minutes:]Mr. Secrist: Yes, on Thursday.

[Minutes:]Council member Green: Richard, you estimate the fiscal impact at 60 to 70. Was that a gross number from fees or to go up, or was that net of fees that are going down?

[Minutes:] Mr. Secrist: It’s primarily from fees going up related to the utilities changes there.

[Minutes:]Council member Green: Okay, so it is down? It’s primary from fees that are going up?

[Minutes:]Mr. Secrist: Some of the fees are going down, but overall the fiscal impact is going up as a result of the HOA changes.

[Minutes:]Mr. Baker: It’s not that fees are going up, it’s that we have missed people in the past, I think is probably the best way of saying it. So that's where you're seeing that.

[Minutes:]Council member Hafen: Explain that.

[Minutes:] Mr. Baker: There are people who are paying fees right now --

Council member Hafen: (Indiscernible).

Mr. Baker: -- who are paying different rates, and so it would you up to the one of the exact same rates.

[Minutes:] Council member Delaney: And these are only on just some utility fees, correct?

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[Minutes:]Mr. Baker: These are just on utilities right now.

[Minutes:]Council member Delaney: Because everybody’s not paying, I mean it’s not fair and equitable to everybody at this point.

[Minutes:] Mr. Baker: Not everyone is paying the same rate. So this was actually brought forward by Lights Connects across the street. They pointed this out, and they said we feel like this is unfair that different people who compete in the same sphere are paying different amounts. So we said, touché, good point, and so we'll bring it forward and Council will consider that.

10) Consideration of Approval of a FBO (Fixed Base Operator) Independent Contractor agreement with Larry LeMieux at the Mesquite Airport.

-Public Comments-Discussion and Possible Action

[Minutes:]Mayor Litman read this item by its title and deferred to Bill Tanner.

[Minutes:]Mr. Tanner: It’s not every year. It is a 3-year contract with an option for 2. We had an original in 2011. It was a 3-year contract. We extended that option for 2 years, and now we’re going back to the original contract for another 3 years. It has an option for 2. In the contract, I also added a little bit of verbiage that was in the red. The contractor, which is Mr. LeMieux, and Public Works Director sets fuel prices based on the lower fuel and the cost of fuel as it comes in. One thing that wasn’t addressed in the contract before was fuel flow fees, and those fees are for contract agreements that people have without fuel, purchasing fuel. The fuel flow fee allows us to get our same percentage of markup, but they’re buying that fuel at a lot lower rate through their contracts. So we needed to add that in so that we’re covered under our fuel flow fees that we are charging specifically under contract with that fuel. So I’ve added that language in just in the compensation portion of the agreement.

[Minutes:]Council member Rapson: And who adapted those types of fees? Like the Mercy Air, BLM, things like that?

[Minutes:] Mr. Tanner: Yes, and I think is Western Pilots, also, Larry?

[Minutes:]Larry Lemieux: AV Fuel puts these down as contract fuel agreements with corporate pilots around the country, and encourages them to come to the locations that have the contract fuel agreement.

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[Minutes:] Council member Rapson: Frequent flyer program.

Mr. Lemieux: Yeah, like that.

[Minutes:]Council member Green: This would take us to 2020, Bill, with an extension for two more years? At the option or ourselves or the operator?

[Minutes:]Mr. Tanner: It would be negotiated and mutual between both parties. He does have an option for two years. If we found negligence or some reason why we didn’t want to extend that, we wouldn’t have to.

[Minutes:]Council member Green: But we’re locked in under that agreement for another three years and possibly two more.

Mr. Tanner: Yes.

[Minutes:]Council member Delaney: Has anybody else applied for or expressed an interest in this position? I’ve gotten some emails and phone calls, etc.

[Minutes:]Mr. Tanner: The only person that’s ever – I mean, Larry has been doing this since 1999 or 2001. Mr. Harper has indicated, not through me, I haven’t had any conversations with him, but it’s been through Mr. Baker, that he’s interested and wanted to know when the contract was coming up. He asked last year. He asked again this year. I am recommending that we award to Larry. He's been there for 15 years. That’s one of the reasons why we have had some interest. I had the letters or recommendation in there from AV Fuel, from the people that Larry’s dealt with the Skydivers, Mercy Air. The one that we do every year, I think we got rained out this year. Larry did with the kids. That’s been a pretty good program, also.

[Minutes:] Council member Delaney: I’m not questioning Mr. Lemieux. He’s done a good job for all these years. I was just wondering if for that reason that we’ve had some people ask questions, if we might want to leave it on a regular agenda, just so if they want to say something, they can.

[Minutes:]Council member Rapson: It seems to me that if somebody was truly interested in the job, they would have applied with a formal application with qualifications and so forth. To come up in the meeting…

Mayor Litman: Or a formal letter.

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[Minutes:]Council member Delaney: They may have a comment. I don’t have a problem.

Mayor Littman: Well, he can still comment on a Consent Agenda.

[Minutes:]Council member Hafen: That’s fine. Let’s leave it on, and then we can give Larry support and get it done.

[Minutes:]Mr. Tanner: One thing that I want to explain to the Council. This came up through our Master Plan update, is our contract is called Contract Services FBO Operator. Larry is not necessarily the FBO operator. When people see that, they believe he is the FBO operator. FBO operators, what they do is enter into an agreement with cities. They just take over the airport. They manage the airport. They take all the revenue. They pay all the bills. They’re the ones that make the profit off that as an FBO Operator. Larry is a Contract Service operator for the City of Mesquite. He maintains 70% of that fuel sales mark-up, and we maintain 30%. So over a period of a year, we make 30% of that mark-up. That goes into the Airport Fund along with all other leases, and the things that we’re working with at Mercy Air, BLM and that. So we have a positive number in the airport, and we have for the last three years. We are making anywhere from $75,000 to $90,000 a year in the Airport Fund. Now we’re putting that money back in through the ACIP plan with the FAA, but we are actually seeing a profit at the airport. I had a gentleman from back East call me. He wanted to know what our airport management plan was,because it’s one of the very few airports that show black every year. So I’ve provided that information to him, and gave him our website to look at. So people are looking at our airport thinking we have a pretty good management plan at our airport, and we’re staying in the black and being able to make improvements to our airport. So people are looking at that and wanting to know how we’re doing that.

[Minutes:]Council member Delaney: For that very reason, and that being said, maybe if we put that out there and give Larry a few props for getting that done, etc., then it will quell any – you know, not that we don’t like questions. I’m just saying it will answer the questions.

Public Comments

11) Public Comment

[Minutes:]Mayor Litman opened the meeting to Public Comment.

[Minutes:]David Ballweg: I would like to address the forum tomorrow night. Hopefully everybody will show up. Anybody you can get the word out more, we put the Chamber to Chamber event. We put out two email blasts. I think Brenda did, too, and it’s been in the newsletter. So we really urge businesses to come and ask their specific questions. We’ve reviewed it as a Chamber, tried to make sure we understood what was going on. It looks very constructive what’s going

38


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on, so there’s really no objections. It's just a matter we need the businesses to come out, ask those specific questions. Richard and Jesslyn are going to be available. I guess Jesslyn, you’ll be there to answer the questions. In our meeting, they were very thorough. They’ve really gone though it very well. We just need the businesses there, any contact anybody has, make sure they are there, ask us specific questions, so it doesn’t become a complaint afterwards. That’s what typically happens. We try to step up and be proactive and do this. So if we can get that out, I’d appreciate it. Thank you.

Adjournment

12) Adjournment

[Minutes:]Mayor Litman adjourned the meeting at 1:51 PM

____________________________ __________________________

Allan S. Litman, Mayor Tracy E. Beck, City Clerk

39


Submitted by: Tracy BeckSubmitting Department: FinanceMeeting Date: November 9, 2016

Subject:Consideration of approval of:a) Notification of Budget Transfersb) Notification of Budget Amendmentsc) Notification of Bills Paidd) Purchase Orders


Recommendation:Approval of Budget Transfers, Budget Amendments, Bills Paid, and Purchase Orders.

Petitioner:David Empey – Financial Director/City Treasurer


Fiscal Impact:See Attached

Background:See Attached


Attachments: Cover Sheet Check Register - City Council Agenda 10.11.16 to 10.24.16.pdf Combined Budget Trsfrs & POs for Council.pdf

40





Submitted by: Dodie MelendezSubmitting Department: FinanceMeeting Date: November 1, 2016

Subject:Consideration of approval of:a) Notification of Budget Transfersb) Notification of Budget Amendmentsc) Notification of Bills Paidd) Purchase Orders


Recommendation:Approval of Budget Transfers, Budget Amendments, Bills Paid, and Purchase Orders.

Petitioner:David Empey – Financial Director/City Treasurer


Fiscal Impact:See Attached

Background:See Attached


Attachments: Check Register - City Council Agenda 10.11.16 to 10.24.16.pdf Combined Budget Trsfrs & POs for Council.pdf

3841



CITY OF MESQUITE Check Register - for City Council Agenda Page: 1

Check Issue Dates: 10/11/2016 - 10/24/2016 Oct 24, 2016 09:46AM

Report Criteria:

Report type: GL detail

GL Check Check Vendor Invoice Invoice Invoice Discount Invoice Check

Period Issue Date Number Number Payee Number Sequence GL Account Taken Amount Amount

10/16 10/11/2016 167677 14201 JORDAN BUNDY 081416 1 10-54-230 .00 124.00 124.00

Total 167677: .00 124.00

10/16 10/20/2016 167678 13280 1000 BULBS.COM W00007189 1 10-63-610 .00 715.67 715.67

10/16 10/20/2016 167678 13280 1000 BULBS.COM W00018772 1 10-65-250 .00 376.97 376.97

Total 167678: .00 1,092.64

10/16 10/20/2016 167679 10525 AASLH 100316 1 10-82-210 .00 115.00 115.00

Total 167679: .00 115.00

10/16 10/20/2016 167680 13745 ACTION TARGET INC. 97025-1 1 10-54-250 .00 1,511.50 1,511.50

Total 167680: .00 1,511.50

10/16 10/20/2016 167681 14628 AIR CONDITIONING DISCOUNT 6933 1 10-63-250 .00 45.18 45.18

Total 167681: .00 45.18

10/16 10/20/2016 167682 3655 AIRGAS USA LLC 9939592468 1 10-57-615 .00 213.66 213.66

10/16 10/20/2016 167682 3655 AIRGAS USA LLC 9939592469 1 10-66-250 .00 198.33 198.33

Total 167682: .00 411.99

10/16 10/20/2016 167683 15356 ALFARO LTD 39952C2184 1 10-54-320 .00 368.00 368.00

Total 167683: .00 368.00

10/16 10/20/2016 167684 8756 ALSCO LSTG715208 1 10-66-610 .00 41.62 41.62

10/16 10/20/2016 167684 8756 ALSCO LSTG716320 1 16-71-480 .00 74.76 74.76

10/16 10/20/2016 167684 8756 ALSCO LSTG716324 1 10-60-310 .00 87.42 87.42

10/16 10/20/2016 167684 8756 ALSCO LSTG716328 1 10-66-610 .00 46.20 46.20

M = Manual Check, V = Void Check

42





Total 167684: .00 250.00

10/16 10/20/2016 167685 14353 AMERICAN TIRE DISTRIBUTOR S080201963 1 10-66-245 .00 76.04- 76.04-

10/16 10/20/2016 167685 14353 AMERICAN TIRE DISTRIBUTOR S080201964 1 10-66-245 .00 76.04- 76.04-

10/16 10/20/2016 167685 14353 AMERICAN TIRE DISTRIBUTOR S081307172 1 10-66-245 .00 435.60 435.60

10/16 10/20/2016 167685 14353 AMERICAN TIRE DISTRIBUTOR S081649183 1 10-66-245 .00 111.53 111.53

Total 167685: .00 395.05

10/16 10/20/2016 167686 1017 AMERIGAS - ST GEORGE 3056463467 1 52-40-610 .00 1.00 1.00

Total 167686: .00 1.00

10/16 10/20/2016 167687 2430 ANDERSON HERITAGE ELEC. I 13934 1 10-65-250 .00 2,900.00 2,900.00

Total 167687: .00 2,900.00

10/16 10/20/2016 167688 11509 ANIMAL CARE EQUIP & SVC 48313 1 10-70-610 .00 279.59 279.59

Total 167688: .00 279.59

10/16 10/20/2016 167689 15073 ARROW INTERNATIONAL INC 94260645 1 10-57-615 .00 1,111.17 1,111.17

Total 167689: .00 1,111.17

10/16 10/20/2016 167690 9268 AUTOMOTIVE CERTIFIED TECH 78434 1 10-66-250 .00 777.80 777.80

Total 167690: .00 777.80

10/16 10/20/2016 167691 15518 AUTOMOTIVE REBUILT EXCHA 259701 1 10-66-480 .00 255.00 255.00

Total 167691: .00 255.00

10/16 10/20/2016 167692 14365 BATTLE BORN MEDIA LLC M16-1844 1 10-81-480 .00 200.00 200.00



10/16 10/20/2016 167692 14365 BATTLE BORN MEDIA LLC M16-1938 1 10-44-220 .00 1,000.00 1,000.00


43





Total 167692: .00 1,480.00

10/16 10/20/2016 167693 14425 BG SOUTHERN NEVADA PI0017229 1 10-66-250 .00 303.44 303.44

Total 167693: .00 303.44

10/16 10/20/2016 167694 13453 BILL A BERRETT, P.C. 091216 1 10-51-310 .00 150.00 150.00

10/16 10/20/2016 167694 13453 BILL A BERRETT, P.C. 092716 1 10-51-310 .00 150.00 150.00

Total 167694: .00 300.00

10/16 10/20/2016 167695 15539 BRITTANY TURNER 101316 1 17-34-405 .00 50.00 50.00

Total 167695: .00 50.00

10/16 10/20/2016 167696 13447 BSN SPORTS, LLC 98291742 1 10-76-610 .00 1,616.30 1,616.30

Total 167696: .00 1,616.30

10/16 10/20/2016 167697 9529 CARQUEST AUTO PARTS SEP 16 1 10-66-250 .00 1,393.97 1,393.97

10/16 10/20/2016 167697 9529 CARQUEST AUTO PARTS SEP 16 2 10-66-480 .00 469.76 469.76

10/16 10/20/2016 167697 9529 CARQUEST AUTO PARTS SEP 16 3 10-65-250 .00 180.48 180.48

Total 167697: .00 2,044.21

10/16 10/20/2016 167698 4755 CASELLE INC. 75759 1 52-40-310 .00 35.00 35.00

10/16 10/20/2016 167698 4755 CASELLE INC. 75759 2 10-46-310 .00 293.07 293.07

10/16 10/20/2016 167698 4755 CASELLE INC. 75759 3 83-81-610 .00 177.93 177.93

10/16 10/20/2016 167698 4755 CASELLE INC. 75759 4 83-82-610 .00 177.93 177.93

10/16 10/20/2016 167698 4755 CASELLE INC. 75759 5 52-40-310 .00 397.74 397.74

Total 167698: .00 1,081.67

10/16 10/20/2016 167699 14492 CENTURYLINK Q100301267 1 10-47-310 .00 3,880.50 3,880.50

Total 167699: .00 3,880.50

10/16 10/20/2016 167700 14360 CITYWIDE GOLF, LLC 1327 1 10-81-480 .00 10,000.00 10,000.00


44





Total 167700: .00 10,000.00

10/16 10/20/2016 167701 9547 CLARK CO. INFO TECH DEPT 90204167 1 10-51-310 .00 19.00 19.00

10/16 10/20/2016 167701 9547 CLARK CO. INFO TECH DEPT 90204168 1 10-54-310 .00 159.00 159.00

Total 167701: .00 178.00

10/16 10/20/2016 167702 11717 CRAIG EMPEY 100516 1 10-54-230 .00 42.00 42.00

Total 167702: .00 42.00

10/16 10/20/2016 167703 14920 CYNTHIA DELANEY 101716 1 17-34-405 .00 50.00 50.00

Total 167703: .00 50.00

10/16 10/20/2016 167704 12536 D.A.T. MANAGEMENT 304141 1 52-40-610 .00 94.00 94.00

Total 167704: .00 94.00

10/16 10/20/2016 167705 15205 DANIELLE'S CHOCOLATES AND 8969 1 10-41-620 .00 100.00 100.00

Total 167705: .00 100.00

10/16 10/20/2016 167706 10506 DAVE EMPEY 101116 1 10-46-230 .00 517.76 517.76

Total 167706: .00 517.76

10/16 10/20/2016 167707 10925 DAVID ALEJOS 102416 1 23-85-330 .00 166.00 166.00

Total 167707: .00 166.00

10/16 10/20/2016 167708 11431 DELL MARKETING L.P. XK1WM16T5 1 10-49-250 .00 301.12 301.12

Total 167708: .00 301.12

10/16 10/20/2016 167709 5753 DIXIE LEAVITT AGENCY 468721 1 10-50-210 .00 50.00 50.00

10/16 10/20/2016 167709 5753 DIXIE LEAVITT AGENCY 471474 1 10-54-240 .00 80.00 80.00


45





Total 167709: .00 130.00

10/16 10/20/2016 167710 15487 DONALD JOHNSON, PH.D., LTD 092816 1 10-54-320 .00 250.00 250.00

Total 167710: .00 250.00

10/16 10/20/2016 167711 15340 ERLA Inc 58999 1 10-57-250 .00 425.59 425.59

Total 167711: .00 425.59

10/16 10/20/2016 167712 9560 EUREKA CASINO, HOTEL 101016 1 10-43-610 .00 280.07 280.07

Total 167712: .00 280.07

10/16 10/20/2016 167713 4320 FERGUSON ENTERPRISES #32 5203638 1 10-63-610 .00 2,897.58 2,897.58

Total 167713: .00 2,897.58

10/16 10/20/2016 167714 8643 FINAL DETAILS 40376 1 10-63-610 .00 10.00 10.00

10/16 10/20/2016 167714 8643 FINAL DETAILS 40383 1 10-81-610 .00 87.00 87.00

Total 167714: .00 97.00

10/16 10/20/2016 167715 10723 FORSGREN ASSOCIATES INC. 10923 1 12-87-740 .00 1,192.50 1,192.50

10/16 10/20/2016 167715 10723 FORSGREN ASSOCIATES INC. 10924 1 12-87-740 .00 3,942.83 3,942.83

Total 167715: .00 5,135.33

10/16 10/20/2016 167716 14274 FRESHAIRE/AIREMASTER 68903 1 10-81-610 .00 70.00 70.00




Total 167716: .00 220.50

10/16 10/20/2016 167717 10499 FRITO LAY INC. 82247958 1 90-26113 .00 223.44 223.44


46





Total 167717: .00 223.44

10/16 10/20/2016 167718 2251 GALLS, LLC 006207929 1 10-54-610 .00 9.21 9.21

Total 167718: .00 9.21

10/16 10/20/2016 167719 13054 GENO WITHELDER 102016 1 10-41-290 .00 40.00 40.00

Total 167719: .00 40.00

10/16 10/20/2016 167720 15505 GINA R SANDOVAL 101716 1 17-80-310 .00 66.00 66.00

Total 167720: .00 66.00

10/16 10/20/2016 167721 8559 HACH COMPANY 10143827 1 52-40-260 .00 513.12 513.12

Total 167721: .00 513.12

10/16 10/20/2016 167722 9347 HARTWELL FAMILY PRACTICE 101116 1 10-54-230 .00 95.00 95.00




10/16 10/20/2016 167722 9347 HARTWELL FAMILY PRACTICE HICMA000 2 1 10-55-620 .00 250.00 250.00

Total 167722: .00 1,395.00

10/16 10/20/2016 167723 2427 HELENA CHEMICAL COMPANY 63744561 1 10-76-610 .00 1,327.50 1,327.50

Total 167723: .00 1,327.50

10/16 10/20/2016 167724 14498 HELIX LABORATORIES, INC. 17145 1 52-40-480 .00 1,373.40 1,373.40

Total 167724: .00 1,373.40

10/16 10/20/2016 167725 2452 HIGH DESERT SUPPLY IN00167552 1 10-66-250 .00 159.98 159.98

10/16 10/20/2016 167725 2452 HIGH DESERT SUPPLY IN00167680 1 10-66-250 .00 119.43 119.43


47





Total 167725: .00 279.41

10/16 10/20/2016 167726 8119 HINTON BURDICK CPAS & ADVI 154640 1 10-46-310 .00 11,250.00 11,250.00

10/16 10/20/2016 167726 8119 HINTON BURDICK CPAS & ADVI 154640 2 10-46-310 .00 390.00 390.00

Total 167726: .00 11,640.00

10/16 10/20/2016 167727 15462 IDECO-NV, INC. 94890 1 10-66-310 .00 3,500.00 3,500.00

Total 167727: .00 3,500.00

10/16 10/20/2016 167728 15504 ITSAVVY LLC 00904966 1 10-47-240 .00 552.36 552.36

Total 167728: .00 552.36

10/16 10/20/2016 167729 8848 JOHN WOODS 102416 1 10-54-230 .00 249.00 249.00

Total 167729: .00 249.00

10/16 10/20/2016 167730 12505 JOY EASTWOOD 102016 1 10-43-290 .00 40.00 40.00

Total 167730: .00 40.00

10/16 10/20/2016 167731 14347 KIM OTERO 102416 1 10-54-230 .00 140.00 140.00

Total 167731: .00 140.00

10/16 10/20/2016 167732 3050 L V REVIEW-JOURNAL I0000864287 1 10-44-220 .00 876.08 876.08

Total 167732: .00 876.08

10/16 10/20/2016 167733 9979 LARRY LEMIEUX 101916 1 12-87-310 .00 3,200.00 3,200.00

Total 167733: .00 3,200.00

10/16 10/20/2016 167734 10158 LAS VEGAS METRO POLICE DE 90204367 1 10-54-310 .00 476.00 476.00


48





Total 167734: .00 476.00

10/16 10/20/2016 167735 10236 LEGACY CONSTRUCTION, INC 7568 1 52-40-750 .00 7,360.00 7,360.00

Total 167735: .00 7,360.00

10/16 10/20/2016 167736 9733 LEXISNEXIS RISK SOLUTIONS 6691073-201 1 15-51-630 .00 50.00 50.00

Total 167736: .00 50.00

10/16 10/20/2016 167737 9516 LIFE ASSIST INC. 767761 1 10-57-615 .00 164.52 164.52

10/16 10/20/2016 167737 9516 LIFE ASSIST INC. 767858 1 10-57-615 .00 432.00 432.00

10/16 10/20/2016 167737 9516 LIFE ASSIST INC. 768498 1 10-57-615 .00 554.78 554.78

10/16 10/20/2016 167737 9516 LIFE ASSIST INC. 768955 1 10-55-610 .00 1,700.00 1,700.00

Total 167737: .00 2,851.30

10/16 10/20/2016 167738 747 LINCOLN CO. POWER DISTRIC 139701 SEP 1 10-54-281 .00 24.10 24.10

Total 167738: .00 24.10

10/16 10/20/2016 167739 11767 LINDY HULET 101716 1 10-57-610 .00 31.33 31.33

10/16 10/20/2016 167739 11767 LINDY HULET 10172016 1 10-57-610 .00 305.30 305.30

Total 167739: .00 336.63

10/16 10/20/2016 167740 9899 MADISON NATIONAL LIFE INS. 1228506 1 10-22510 .00 4,483.17 4,483.17

Total 167740: .00 4,483.17

10/16 10/20/2016 167741 3276 CENTRAL MONITORING STATI 269746 1 10-81-310 .00 21.95 21.95









49










Total 167741: .00 357.10

10/16 10/20/2016 167742 12391 MAYRA RUVALCABA 042616 1 17-34-400 .00 140.00 140.00

Total 167742: .00 140.00

10/16 10/20/2016 167743 3313 MCCANDLESS INTERNATIONAL X100569717: 1 52-40-250 .00 44.27 44.27

10/16 10/20/2016 167743 3313 MCCANDLESS INTERNATIONAL X100572474: 1 10-66-250 .00 42.96 42.96

Total 167743: .00 87.23

10/16 10/20/2016 167744 11236 MEADOW GOLD DAIRIES 59606325 1 16-71-480 .00 184.86 184.86




Total 167744: .00 635.70

10/16 10/20/2016 167745 9980 MEGA-PRO INTERNATIONAL 21866 1 17-80-610 .00 818.00 818.00

Total 167745: .00 818.00

10/16 10/20/2016 167746 3344 MESQUITE CHAMBER OF COM 1754 1 10-41-210 .00 2,500.00 2,500.00

10/16 10/20/2016 167746 3344 MESQUITE CHAMBER OF COM E2064 1 10-41-620 .00 54.00 54.00

Total 167746: .00 2,554.00

10/16 10/20/2016 167747 11650 MESQUITE FORD 152466/1 1 10-66-250 .00 677.52 677.52

10/16 10/20/2016 167747 11650 MESQUITE FORD 3816414 1 10-66-250 .00 41.12 41.12

10/16 10/20/2016 167747 11650 MESQUITE FORD 381672 1 52-40-250 .00 97.00 97.00

Total 167747: .00 815.64


50





10/16 10/20/2016 167748 3500 MESQUITE LUMBER & SUPPLY SEP 16 1 10-38-900 .00 55.00- 55.00-

10/16 10/20/2016 167748 3500 MESQUITE LUMBER & SUPPLY SEP 16 2 10-55-610 .00 9.99 9.99







10/16 10/20/2016 167748 3500 MESQUITE LUMBER & SUPPLY SEP 16 9 11-65-700 .00 1,000.00 1,000.00




Total 167748: .00 2,558.75

10/16 10/20/2016 167749 3457 MESQUITE VETERINARY CLINI 130975 1 10-70-310 .00 724.05 724.05



Total 167749: .00 871.97

10/16 10/20/2016 167750 8707 MIKE VAN HOUTEN 101916 1 15-51-500 .00 540.00 540.00

Total 167750: .00 540.00

10/16 10/20/2016 167751 3580 MORCON INDUSTRIAL SPECIA 0014335-IN 1 10-63-610 .00 436.00 436.00











Total 167751: .00 1,419.95


51





10/16 10/20/2016 167752 3653 MOUNT OLYMPUS WATERS, IN 10216681 10 1 10-51-610 .00 30.89 30.89




Total 167752: .00 128.85

10/16 10/20/2016 167753 10640 MOUNTAINLAND SUPPLY INC S101964460. 1 12-87-480 .00 813.18 813.18

Total 167753: .00 813.18

10/16 10/20/2016 167754 14058 MTM CLEANING SERVICE 232 1 10-63-310 .00 940.00 940.00

Total 167754: .00 940.00

10/16 10/20/2016 167755 14947 NAPA AUTOPARTS MESQUITE 027261 1 10-66-250 .00 45.89 45.89


10/16 10/20/2016 167755 14947 NAPA AUTOPARTS MESQUITE 027267 1 10-66-250 .00 5.34- 5.34-


Total 167755: .00 50.19

10/16 10/20/2016 167756 14468 ONESOURCE WATER LLC CNIV211231 1 10-81-610 .00 77.54 77.54

Total 167756: .00 77.54

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 1 10-54-281 .00 4,413.01 4,413.01

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 2 10-55-281 .00 2,430.75 2,430.75

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 3 10-57-281 .00 2,250.98 2,250.98

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 4 10-49-281 .00 2,752.21 2,752.21

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 5 10-63-281 .00 50.47 50.47

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 6 10-65-281 .00 987.40 987.40

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 7 10-66-281 .00 630.74 630.74

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 8 10-70-281 .00 558.02 558.02

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 9 10-76-281 .00 7,489.89 7,489.89

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 10 10-81-281 .00 18,302.38 18,302.38

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 11 10-82-281 .00 183.42 183.42

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 12 12-87-281 .00 1,494.64 1,494.64

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 13 16-71-281 .00 2,271.87 2,271.87


52





10/16 10/20/2016 167757 4200 OVERTON POWER 2436 14 10-49-280 .00 232.51 232.51

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 15 52-40-280 .00 22,643.67 22,643.67

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 16 10-49-281 .00 492.07 492.07

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 17 10-65-280 .00 21,465.79 21,465.79

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 18 10-38-701 .00 144.89 144.89

10/16 10/20/2016 167757 4200 OVERTON POWER 2436 19 10-38-701 .00 1,172.32 1,172.32

Total 167757: .00 89,967.03

10/16 10/20/2016 167758 14608 PARTS TOWN, LLC 20335551 1 10-63-610 .00 102.26 102.26

Total 167758: .00 102.26

10/16 10/20/2016 167759 8133 PITNEY BOWES INC 3301887118 1 10-49-250 .00 804.45 804.45

Total 167759: .00 804.45

10/16 10/20/2016 167760 15533 PONTIFEX CONSULTING GROU 100616 1 10-41-310 .00 2,500.00 2,500.00

Total 167760: .00 2,500.00

10/16 10/20/2016 167761 14864 PRESTON'S MOBILE SHREDDIN 323746 1 10-54-310 .00 70.00 70.00

Total 167761: .00 70.00

10/16 10/20/2016 167762 12090 R. C. WORLDWIDE 101316 1 13-40-450 .00 28.00 28.00

Total 167762: .00 28.00

10/16 10/20/2016 167763 15536 REBECCA JONES 100616 1 10-23200 .00 2,000.00 2,000.00

Total 167763: .00 2,000.00

10/16 10/20/2016 167764 13670 REDWOOD TOXICOLOGY LABO 571932 1 15-51-620 .00 628.25 628.25

10/16 10/20/2016 167764 13670 REDWOOD TOXICOLOGY LABO 571945 1 15-51-620 .00 125.00 125.00

Total 167764: .00 753.25

10/16 10/20/2016 167765 14527 RIO VIRGIN TELEPHONE COMP 2356SZ4500 1 10-47-310 .00 956.64 956.64


53





Total 167765: .00 956.64

10/16 10/20/2016 167766 8117 SCOTT TAYLOR 101016 1 10-54-230 .00 119.00 119.00

10/16 10/20/2016 167766 8117 SCOTT TAYLOR 110116 1 10-54-230 .00 144.00 144.00

Total 167766: .00 263.00

10/16 10/20/2016 167767 9467 SECURUS TECHNOLOGIES 153263 1 90-26113 .00 410.55 410.55

Total 167767: .00 410.55

10/16 10/20/2016 167768 12196 SHERWIN- WILLIAMS STORE 85 4057-1 1 10-63-610 .00 72.36 72.36

Total 167768: .00 72.36

10/16 10/20/2016 167769 13011 SILVERSTATE ANALYTICAL LA LV201814 1 52-40-310 .00 453.00 453.00

10/16 10/20/2016 167769 13011 SILVERSTATE ANALYTICAL LA LV202000 1 52-40-310 .00 453.00 453.00

Total 167769: .00 906.00

10/16 10/20/2016 167770 8282 SMITH CUSTOMER CHGS 418771 OCT 1 16-71-480 .00 393.34 393.34


10/16 10/20/2016 167770 8282 SMITH CUSTOMER CHGS 421081 OCT 1 90-26113 .00 44.17 44.17



Total 167770: .00 862.25

10/16 10/20/2016 167771 13068 SOUTHWEST PLUMBING SUPP S2732193.00 1 10-63-610 .00 23.93 23.93




Total 167771: .00 364.39

10/16 10/20/2016 167772 10591 SPRINKLER SUPPLY-ST. GEOR L00178 1 10-76-610 .00 1,818.27 1,818.27

10/16 10/20/2016 167772 10591 SPRINKLER SUPPLY-ST. GEOR L03121 1 10-76-610 .00 441.92 441.92

10/16 10/20/2016 167772 10591 SPRINKLER SUPPLY-ST. GEOR L03661 1 10-76-610 .00 259.76 259.76


54





Total 167772: .00 2,519.95

10/16 10/20/2016 167773 10558 ST. OF NV. PUBLIC EMP. BENE OCT 16 1 10-49-130 .00 836.63 836.63

Total 167773: .00 836.63

10/16 10/20/2016 167774 8989 STAPLES ADVANTAGE 3317053373 1 10-81-610 .00 69.03 69.03




Total 167774: .00 393.68

10/16 10/20/2016 167775 14680 STAR NURSERY INC 1100200040 1 10-76-610 .00 320.00 320.00

Total 167775: .00 320.00

10/16 10/20/2016 167776 3922 STATE OF NEVADA 41325 1 10-61-610 .00 38.25 38.25

10/16 10/20/2016 167776 3922 STATE OF NEVADA 41325 2 10-48-310 .00 153.00 153.00

10/16 10/20/2016 167776 3922 STATE OF NEVADA 41325 3 90-26129 .00 267.75 267.75

Total 167776: .00 459.00

10/16 10/20/2016 167777 8579 STEPHEN WADE AUTO CENTE 5328979 1 10-66-480 .00 210.09 210.09

10/16 10/20/2016 167777 8579 STEPHEN WADE AUTO CENTE 5329853 1 10-66-250 .00 15.25 15.25

Total 167777: .00 225.34

10/16 10/20/2016 167778 14500 STOTZ EQUIPMENT W03126 1 10-76-250 .00 1,460.01 1,460.01

Total 167778: .00 1,460.01

10/16 10/20/2016 167779 13389 STRAIGHT STRIPE PAINTING IN 10919 1 11-65-700 .00 7,597.80 7,597.80

Total 167779: .00 7,597.80

10/16 10/20/2016 167780 14640 SUNRISE ENGINEERING, INC. 67703 1 10-70-610 .00 560.15 560.15


55





Total 167780: .00 560.15

10/16 10/20/2016 167781 2680 SUNROC CORPORATION 40475465 1 10-63-610 .00 150.51 150.51

Total 167781: .00 150.51

10/16 10/20/2016 167782 15537 SUSAN KORMYLO 101016 1 17-34-405 .00 50.00 50.00

Total 167782: .00 50.00

10/16 10/20/2016 167783 15170 SYNCB/AMAZON 1116511376 1 10-47-240 .00 75.21 75.21

10/16 10/20/2016 167783 15170 SYNCB/AMAZON 1797070364 1 10-54-230 .00 303.60 303.60

10/16 10/20/2016 167783 15170 SYNCB/AMAZON 2815015745 1 10-47-240 .00 7.99 7.99

Total 167783: .00 386.80

10/16 10/20/2016 167784 13211 SYSCO LAS VEGAS, INC 614791387 1 16-71-480 .00 1,515.80 1,515.80

10/16 10/20/2016 167784 13211 SYSCO LAS VEGAS, INC 614885789 1 16-71-480 .00 1,502.28 1,502.28

Total 167784: .00 3,018.08

10/16 10/20/2016 167785 15540 TFS GOLF & UTILITY 12574 1 10-66-480 .00 274.99 274.99

Total 167785: .00 274.99

10/16 10/20/2016 167786 5290 THATCHER COMPANY 5024299 1 10-81-610 .00 557.92 557.92

Total 167786: .00 557.92

10/16 10/20/2016 167787 5301 THE SPECTRUM 0000630930 1 10-54-240 .00 65.12 65.12

Total 167787: .00 65.12

10/16 10/20/2016 167788 13275 THERMO FLUIDS, INC 70858199 1 10-66-250 .00 318.48 318.48

Total 167788: .00 318.48

10/16 10/20/2016 167789 11278 THOMAS PETROLEUM P235437-IN 1 10-66-255 .00 12,557.67 12,557.67


56





10/16 10/20/2016 167789 11278 THOMAS PETROLEUM P235438-IN 1 10-66-255 .00 6,888.21 6,888.21

Total 167789: .00 19,445.88

10/16 10/20/2016 167790 13704 TONY TERRY, LTD 092716 1 10-51-310 .00 320.00 320.00

10/16 10/20/2016 167790 13704 TONY TERRY, LTD 100416 1 10-51-310 .00 30.00 30.00

10/16 10/20/2016 167790 13704 TONY TERRY, LTD 92716 1 10-51-310 .00 320.00 320.00

10/16 10/20/2016 167790 13704 TONY TERRY, LTD 9272016 1 10-51-310 .00 230.00 230.00

Total 167790: .00 900.00

10/16 10/20/2016 167791 14456 TRANSUNION RISK AND ALTER 37881 SEP 1 1 10-54-310 .00 73.50 73.50

Total 167791: .00 73.50

10/16 10/20/2016 167792 5581 TROY TANNER 101016 1 10-54-230 .00 119.00 119.00

10/16 10/20/2016 167792 5581 TROY TANNER 110116 1 10-54-230 .00 144.00 144.00

Total 167792: .00 263.00

10/16 10/20/2016 167793 14904 TRUCKPRO LLC SIX STATES 15 311016 1 10-66-250 .00 247.61 247.61

Total 167793: .00 247.61

10/16 10/20/2016 167794 8770 U.S. FOODSERVICE - L.V. DIV. 3733213 1 10-55-620 .00 359.97 359.97

10/16 10/20/2016 167794 8770 U.S. FOODSERVICE - L.V. DIV. 3756585 1 16-71-480 .00 1,258.55 1,258.55








Total 167794: .00 5,778.29

10/16 10/20/2016 167795 15347 ULINE INC 80365655 1 10-55-610 .00 157.60 157.60


57





Total 167795: .00 157.60

10/16 10/20/2016 167796 5616 UNITED PARCEL SERVICE 00009E1629 1 10-49-240 .00 25.00 25.00







Total 167796: .00 120.84

10/16 10/20/2016 167797 8664 VIRGIN VALLEY FOOD MART, I 07467 1 10-65-610 .00 44.53 44.53

10/16 10/20/2016 167797 8664 VIRGIN VALLEY FOOD MART, I 07716 1 10-65-610 .00 67.86 67.86

Total 167797: .00 112.39

10/16 10/20/2016 167798 8748 VIRGIN VALLEY VETERINARY H 224701 1 10-70-310 .00 164.68 164.68









Total 167798: .00 1,259.80

10/16 10/20/2016 167799 11423 WES CARTER 101916 1 10-48-620 .00 30.00 30.00

Total 167799: .00 30.00

10/16 10/20/2016 167800 8841 WEST PAYMENT CENTER 834797265 1 10-50-210 .00 550.00 550.00

Total 167800: .00 550.00

10/16 10/20/2016 167801 9901 XEROX CORPORATION 086440556 1 10-49-250 .00 349.12 349.12


58








Total 167801: .00 782.99

10/16 10/20/2016 167802 15005 ZEBULON JENSEN 101716 1 10-57-610 .00 140.00 140.00

Total 167802: .00 140.00

10/16 10/20/2016 167803 14347 KIM OTERO 101216 1 10-48-620 .00 30.00 30.00

Total 167803: .00 30.00

10/16 10/20/2016 167804 5224 SUNRISE ENVIRONMENTAL 67703 1 10-70-610 .00 560.15 560.15

Total 167804: .00 560.15

10/16 10/24/2016 167805 8201 DIRK MARSHALL 102516 1 10-47-230 .00 52.00 52.00

Total 167805: .00 52.00

Grand Totals: .00 244,851.50


59



Dated: ______________________________________________________

Mayor: ______________________________________________________

City Council: ______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

City Recorder: ______________________________________________________

Report Criteria:

Report type: GL detail


60

PURCHASE ORDERS REQUIRING COUNCIL APPROVAL

DATE OF COUNCIL MEETING: November 8, 2016

A. P.O's for Not Previously Budget-Approved Items...amounts exceed $5,000

Current Remaining

G/L Account Po's to be Original Budget Budget

Vendor Description Requested By: Department Account # Description Approved Budget Balance (Over)Under

B. P.O's for Budgeted Items6amounts exceed $25,000

For Fiscal Year 2016-2017

For Fiscal Year 2016-2017

CITY OF MESQUITE

61

CITY OF MESQUITE

NOTIFICATION OF BUDGET TRANSFERS


Fund Account # Account Description Incr.<Decr> Fund Account # Account Description Incr.<Decr>

(1) The governing body is advised of the action at the next regular meeting and

(2) The action is recorded in the official minutes of the meeting

Budget appropriations may be transferred between functions, funds or contingency accounts in the following manner is such a transfer does not increase the total appropriation for

any fiscal year and is not in conflict with other statutory provisions:

TRANSFERS FROM: TRANSFERS TO:

NRS 354.5980005

(a) The person designated to administer the budget for local government may transfer appropriations within any function.

(3) The action is recorded in the official minutes of the meeting.

(c) Upon recommendation of the person designated to administer the budget, the governing body may authorize the transfer of appropriations

(1) The governing body announces the transfer of appropriations of a regularly scheduled meeting and sets forth the each amount to be

transferred and the accounts, functions, programs and funds affected;

between funds or from the contingency account, if:

(2) The governing body sets forth its reasons for the transfer; and

62

NOTIFICATION OF BUDGET AMENDMENTS AND BUDGET AUGMENTS


Fund Account # Account Description Incr.<Decr> Budget Fund Account # Account Description Incr.<Decr> Budget






Amended AmountsRevenues Increase <Decrease> Amended Amounts Expenditures Increase <Decrease>

Expenditures Increase <Decrease>Amended AmountsRevenues Increase <Decrease>

DESCRIPTION:

DESCRIPTION:

CITY OF MESQUITE

BUDGET AMENDMENTS FY2016-2017

BUDGET AUGMENTS FY2016-2017

Amended Amounts

DESCRIPTION:

DESCRIPTION:

DESCRIPTION:

63


Submitted by: Tracy BeckSubmitting Department: Development Services


Subject:Consideration of Development Application Cycle Dates and Deadlines for 2016/2017.

- Public Comments - Discussion and Possible Action

Recommendation:Approve the Development Application Cycle Dates and Deadlines for 2016/2017.

Petitioner:Richard Secrist, Development Services Director


Fiscal Impact:None

Background:The Development Services Department periodically releases a calendar of the application cycle to assistdevelopers with project timing.The review cycle typically takes eight (8) weeks. Zone change/plan amendments requests areprocessed quarterly. Time frames have been calculated backwards from the Council meeting date.Please see attached schedule.


Attachments: Cover Sheet DEVELOPMENT REVIEW CYCLE.pdf

64




Submitted by: Richard SecristSubmitting Department: Development Services


Subject:Consideration of Development Application Cycle Dates and Deadlines for 2016/2017.


Recommendation:Approve the Development Application Cycle Dates and Deadlines for 2016/2017.



Fiscal Impact:None

Background:The Development Services Department periodically releases a calendar of the application cycle to assistdevelopers with project timing.The review cycle typically takes eight (8) weeks. Zone change/plan amendments requests areprocessed quarterly. Time frames have been calculated backwards from the Council meeting date.Please see attached schedule.


Attachments: DEVELOPMENT REVIEW CYCLE.pdf

7965


Wednesday Application Intake Wednesday Agency Review Meeting Tuesday Tech Review Tuesday City Council

November 16, 2016 December 7, 2016 January 3, 2016 January 10, 2016

November 30, 2016 December 21, 2016 January 17, 2017 January 24, 2017

December 21, 2016 Jauary 11, 2017 February 7, 2016 Feburary 14, 2017

January 4, 2017 January 25, 2017 February 21, 2017 Feburary 28, 2017

January 18, 2017 February 8, 2017 March 7, 2017 March 14, 2017

February 1, 2017 February 22, 2017 March 21, 2017 March 28, 2017

February 15, 2017 March 8, 2017 April 4, 2017 April 11, 2017

March 1, 2017 March 22, 2017 April 18, 2017 April 25, 2017

March 15, 2017 April 5, 2017 May 2, 2017 May 9, 2017


April 19, 2017 May 10, 2017 June 6, 2016 June 13, 2016

May 3, 2017 May 24, 2017 June 20, 2017 June 27, 2017

May 17, 2017 June 7, 2017 July 18, 2017 July 25, 2017

June 14, 2017 July 5, 2017 August 1, 2017 August 8, 2017


July 12, 2017 August 2, 2017 September 5, 2017 September 12, 2017

August 2, 2017 August 23, 2017 September 19, 2017 September 26, 2017

August 16, 2017 September 6, 2017 October 3, 2017 October 10, 2017

August 30, 2017 September 20, 2017 October 17, 2017 October 24, 2017

September 20, 2017 October 11, 2017 November 7, 2017 November 14, 2017

October 4, 2017 October 25, 2017 November 21, 2017 November 28, 2017

October 18, 2017 November 8, 2017 December 5, 2017 December 12, 2017

December 14, 2016 January 11, 2017 February 21, 2017 February 28, 2017



September 13, 2017 October 11, 2017 November 21, 2017 November 28, 2017

Standard Applicatoin Cycle -- 8 Weeks

Plan Amendment and Zone Change Application Cycle - 11 Weeks

2017 Development Review Cycle

All meeting dates are subject to change by the City Council / Staff. Please note that certain applications do not require City Council action

and may be reviewed and approved by Staff.

66




Subject:Proclamation - World Pancreatic Cancer Day - November 17, 2016

Recommendation:Approve the Proclamation of November 17, 2016 as World Pancreatic Cancer Day.

Petitioner:Mayor Al Litman


Fiscal Impact:

Background:


Attachments: Cover Sheet Proclamation - World Pancreatic Cancer Day 2016.doc

67






Subject:Proclamation - World Pancreatic Cancer Day - November 17, 2016

Recommendation:Approve the Proclamation of November 17, 2016 as World Pancreatic Cancer Day.



Fiscal Impact:

Background:


Attachments: Proclamation - World Pancreatic Cancer Day 2016.doc

6168


PROCLAMATIONWorld Pancreatic Cancer Day - November 17, 2016

WHEREAS, in 2016, an estimated 53,070 people in the United States will be diagnosed with pancreatic cancer, one of the deadliest cancers, and 41,780 will die from the disease: and

WHEREAS, pancreatic cancer surpassed breast cancer this year to become the third leading cause of cancer death in the United States, and is projected to become the second leading cause by 2020; and

WHEREAS, pancreatic cancer is the only major cancer with a five-year relative survival rate in the single digits at just eight percent; and

WHEREAS, when symptoms of pancreatic cancer present themselves, it is generally in later stages, and 71 percent of pancreatic cancer patients die within the first year of their diagnosis; and

WHEREAS, approximately 360 deaths will occur in Nevada in 2016; and

WHEREAS, pancreatic cancer is the 7th most common cause of cancer-related death in men and women across the world; and

WHEREAS, there will be an estimated 418,451 new pancreatic cancer cases diagnosed globally in 2020; and

WHEREAS, the good health and well-being of the residents of Mesquite, Nevada are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of Mesquite, Nevada designate November 17, 2016 as "World Pancreatic Cancer Day".

IN WITNESS WHEREOF, I have hereunto set my hand to be affixed this Wednesday, November 9, 2016.

____________________________________ Allan S. Litman, Mayor

____________________________________Tracy E. Beck, City Clerk

69


Submitted by: Tracy BeckSubmitting Department: Mayor and Council


Subject:Proclamation - Ted and Doris Lee Day - November 16, 2016

Recommendation:Approve November 16, 2016 as Ted and Doris Lee Day



Fiscal Impact:

Background:


Attachments: Cover Sheet Proclamation - The Lees.docx

70




Submitted by: Tracy BeckSubmitting Department: Mayor and Council


Subject:Proclamation - Ted and Doris Lee Day - November 16, 2016

Recommendation:Approve November 16, 2016 as Ted and Doris Lee Day



Fiscal Impact:

Background:


Attachments: Proclamation - The Lees.docx

6371


PROCLAMATION

Ted and Doris Lee DayNovember 16, 2016

WHEREAS, for over twenty years, Ted and Doris Lee have chosen to take time out of their demanding lives to help make the City of Mesquite a better place to live and make a significant positive contribution to bettering social, community and cultural conditions in the City of Mesquite; and

WHEAREAS, these individuals have become a vital and positive force in our community and have demonstrated a common conviction; that charity and social responsibility manifest all that is good in the individual, and that the well-being of a community is largely dependent on helping others; and

WHEREAS, through their community events and projects such as the Mesquite Reads, and the Rockets over Red Mesa on the 4th of July have enriched the lives of children and adults; and

WHEREAS, the Lee’s have continued to move forward in contributing to Mesquite with innovative ideas and the Eureka Community Initiative projects.

NOW, THEREFORE, the Mayor and City Council of Mesquite, Nevada do hereby proclaim

November 16, 2016

Ted and Doris Lee Day

IN WITHESS WHEREOF,I have set my hand hereto and caused the Seal of the City of Mesquite to be affixed this 9th day of November, 2016.

____________________________________ Allan S. Litman, Mayor

____________________________________ Tracy E. Beck, City Clerk

72


Submitted by: Tracy BeckSubmitting Department: Public Works


Subject:Consideration of Resolution No. 910, adopting an Interlocal Agreement (P522-16-805) between the Cityof Mesquite and the Nevada Department of Transportation (NDOT) consenting to the Relinquishment andLand Transfer Agreement for a portion of SR-170 (Riverside Road) located within the City of Mesquite,Nevada.


Recommendation: To adopt Resolution No. 910.

Petitioner:Bill Tanner, Public Works Director


Fiscal Impact:Nevada Department of Transportation agrees to pay the City of Mesquite $626,550.00 for therehabilitation of the existing roadway surface.

Background:The City of Mesquite and NDOT have been in negotiations for the relinquishment and land transfer ofSR-170 (Riverside Road) beginning east of the trailing edge of Bridge B-89 at Mile Post CL11.406 andending at Mile Post CL-12.268, the south right-of-way line of Mesquite Boulevard, which is approximately0.85 miles.

The City of Mesquite has agreed in principal to accept a monetary contribution in the amount of$626,550.00 as equitable compensation of accepting the Transfer in its current condition. This$626,550.00 will be used for the rehabilitation of the roadway, such as removal and replacement ofasphalt, the raising of utilities to grade, and the placement of new roadway striping.

Contract Bid Expires On: 73

Attachments: Cover Sheet ResNo910.pdf Agreement_P52216805.pdf RiversideRoadRelinquishment.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33728/ResNo910.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33729/Agreement_P52216805.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33730/Riverside_Road_Relinquishment.pdf


Submitted by: Tysha BlaberSubmitting Department: Public Works


Subject:Consideration of Resolution No. 910, adopting an Interlocal Agreement (P522-16-805) between the Cityof Mesquite and the Nevada Department of Transportation (NDOT) consenting to the Relinquishment andLand Transfer Agreement for a portion of SR-170 (Riverside Road) located within the City of Mesquite,Nevada.


Recommendation: To adopt Resolution No. 910.

Petitioner:Bill Tanner, Public Works Director


Fiscal Impact:Nevada Department of Transportation agrees to pay the City of Mesquite $626,550.00 for therehabilitation of the existing roadway surface.

Background:The City of Mesquite and NDOT have been in negotiations for the relinquishment and land transfer ofSR-170 (Riverside Road) beginning east of the trailing edge of Bridge B-89 at Mile Post CL11.406 andending at Mile Post CL-12.268, the south right-of-way line of Mesquite Boulevard, which is approximately0.85 miles.

The City of Mesquite has agreed in principal to accept a monetary contribution in the amount of$626,550.00 as equitable compensation of accepting the Transfer in its current condition. This$626,550.00 will be used for the rehabilitation of the roadway, such as removal and replacement ofasphalt, the raising of utilities to grade, and the placement of new roadway striping.

Contract Bid Expires On: 6575

RESOLUTION NUMBER 910

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE ADOPTING INTERLOCAL AGREEMENT (P522-16-805) BETWEEN THE CITY OF MESQUITE AND NEVADA DEPARTMENT OF TRANSPORTATION (NDOT) CONSENTING TO THE RELINQUISHMENT AND LAND TRANSFER OF A PORTION OF SR-170 (RIVERSIDE ROAD) LOCATED WITHIN THE CITY OF MESQUITE, NEVADA. WHEREAS, Nevada Revised Statues Chapter 277.180 provides that two or more public agencies may enter into an agreement for the performance of any governmental service, activity or undertaking which any of said agencies is authorized by law to perform; and WHEREAS, Nevada Revised Statues Chapter 277.045(2) requires that interlocal agreements be adopted by formal resolution or ordinance; and WHEREAS, this agreement will discuss the transfer of ownership and maintenance responsibilities, including all improvements, to the City for SR 170, Riverside Road, as shown on Attachment 1, beginning east of the trailing edge of Bridge B-89 at Mile Post CL-11.406 and ending at Mile Post CL-12.268, the south right-of-way line of Mesquite Boulevard, said limits to be formally delineated on right-of-way maps at the time of transfer; (hereinafter the “TRANSFER”); and WHEREAS, the CITY has agreed in principal to accept a monetary contribution in the amount of Six Hundred Twenty-Six Thousand Five Hundred Fifty and No/100 Dollars ($626,550.00) as equitable compensation for accepting the TRANSFER in its current condition; and WHEREAS, the TRANSFER will be of benefit to NDOT, and the City of Mesquite, and to the people of the State of Nevada; and WHEREAS, NDOT has agreed to submit a Resolution of Relinquishment to its Board of Directors (“Board”) to consider the TRANSFER; and NOW, THEREFORE, IT IS HEREBY RESOLVED, by the Mayor and City Council of the City of Mesquite that the Cooperative Agreement for Riverside Road (SR170) Transfer, Highway Agreement (P522-16-805) between the City of Mesquite and Nevada Department of Transportation is adopted. PASSED, ADOPTED AND APPROVED by the City Council of the City of Mesquite, Nevada on the 9th day of November , 2016. THE CITY OF MESQUITE, NEVADA: APPROVED AS TO FORM: By: By: Allan S. Litman, Mayor Robert Sweetin, City Attorney ATTEST: By: Tracy E. Beck, City Clerk

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Highway Agreement P522-16-805

COOPERATIVE AGREEMENT RIVERSIDE ROAD (SR170) TRANSFER

This Agreement is made and entered on DATEFIELD , by and between the STATE

OF NEVADA, acting by and through its Department of Transportation (hereinafter “DEPARTMENT”) and City of Mesquite (hereinafter “CITY”).

WITNESSETH: WHEREAS, agreements between the DEPARTMENT and local public agencies are

authorized under Nevada Revised Statutes (NRS) Chapters 277 and 408; and WHEREAS, the parties to this agreement are public agencies and authorized to enter into

agreement in accordance with NRS 277.080 to 277.110; and WHEREAS, NRS Chapter 408 provides for the DEPARTMENT to relinquish portions of

State rights-of-way and highways; and WHEREAS, this agreement will discuss the transfer of ownership and maintenance

responsibilities, including all improvements, to the CITY for SR 170, Riverside Road, as shown on Attachment 1, beginning east of the trailing edge of Bridge B-89 at Mile Post CL-11.406 and ending at Mile Post CL-12.268, the south right of way line of Mesquite Blvd, said limits to be formally delineated on right-of-way maps at the time of transfer; (hereinafter the “TRANSFER”); and

WHEREAS, the CITY has agreed in principal to accept a monetary contribution in the

amount of Six Hundred Twenty-Six Thousand Five Hundred Fifty and No/100 Dollars ($626,550.00) as equitable compensation for accepting the TRANSFER in its current condition; and

WHEREAS, the TRANSFER will be of benefit to the DEPARTMENT, the CITY, and to the

people of the State of Nevada; and WHEREAS, the Department has agreed to submit a Resolution of Relinquishment to its

Board of Directors (“Board”) to consider the TRANSFER; and WHEREAS, the parties hereto are willing and able to perform the services described

herein; NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter

contained, it is agreed as follows: ARTICLE I - DEPARTMENT AGREES: 1. To request its Board’s approval of the transfer ownership and maintenance of

certain rights-of-way to the CITY for SR 170, Riverside Road, as shown on Attachment 1, beginning east of the trailing edge of Bridge B-89 at Mile Post CL-11.406 and ending at Mile Post CL-12.268, the south right-of-way line of Mesquite Blvd; together with its attendant maintenance and improvement responsibilities, (the “TRANSFER”); and

77

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2. To provide the CITY with copies of records regarding the roadway that is the subject of the proposed TRANSFER from the DEPARTMENT to the CITY, which includes but is not limited to legal descriptions, right-of-way maps, utility easement descriptions, maintenance records, as-built plans, and structure details.

3. To have prepared all legal descriptions and maps necessary for the transfer of

DEPARTMENT rights-of-way to the CITY. 4. To provide the legal descriptions and maps to the CITY for review and comment

prior to transfer of the rights-of-way.

5. To prepare a “Resolution Consenting to Relinquishment and Land Transfer Agreement” (“Consent”) and the “Resolution of Relinquishment”. The Consent shall be submitted to the CITY for action and approval by its City Council.

6. To present to the DEPARTMENT’s Board for its approval the CITY’s executed

“Resolution Consenting to Relinquishment and Land Transfer Agreement” and the “Resolution of Relinquishment” for the TRANSFER.

7. To pay the CITY the total sum of Six Hundred Twenty-Six Thousand Five Hundred

Fifty and No/100 Dollars ($626,550.00), for the “TRANSFER”. The DEPARTMENT shall issue one direct payment to the CITY for said rights-of-way to be conveyed pursuant to this Agreement. Such payment to be made upon recordation of the “Resolution of Relinquishment”.

8. The “TRANSER” by the DEPARTMENT to the CITY pursuant to this Agreement,

shall be transferred upon the recordation of the “Resolution of Relinquishment”. ARTICLE II - CITY AGREES: 1. To accept ownership, including improvements and maintenance responsibilities for

the portion of rights-of-way to be relinquished by the DEPARTMENT and transferred to the CITY, (the “TRANSFER”) upon the recordation of the “Resolution of Relinquishment”.

2. To request approval of the “Resolution Consenting to Relinquishment and Land Transfer Agreement” (“Consent”) from the City Council.

3. To accept payment in the total sum of Six Hundred Twenty-Six Thousand Five

Hundred Fifty and No/100 Dollars ($626,550.00). This payment is to be made upon recordation of the “Resolution of Relinquishment”.

4. To expend the payment amount of Six Hundred Twenty-Six Thousand Five

Hundred Fifty and No/100 Dollars ($626,550.00) on the road identified in the “TRANSER” within Five Years (5 years) of acceptance of such payment.

ARTICLE III - IT IS MUTUALLY AGREED: 1. This Agreement shall be terminated when the “TRANSER”, has been completed.

Ownership, improvements and maintenance responsibilities will transfer from the DEPARTMENT to the CITY upon the recordation of the “Resolution of Relinquishment” for such “TRANSFER”.

2. The DEPARTMENT and the CITY, upon approval of the DEPARTMENT’s Board,

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and upon approval by the City Council, shall complete the “TRANSFER” within eighteen (18) months after the date of execution of this Agreement. The parties acknowledge that the DEPARTMENT’s Board must approve the “Resolution of Relinquishment” addressed within Article I, Paragraph 6, of this Agreement, and the City Council of the CITY must approve the “Consent” addressed within Article II, Paragraph 2, of this Agreement. The parties understand and agree that the eighteen (18) month timeframe for the transfer of the rights-of-ways identified within the “TRANSFER” is contingent upon the schedule of the DEPARTMENT’s Board and the City Council.

3. This Agreement may be terminated by mutual consent of both parties without

cause. The parties expressly agree that this Agreement shall be terminated upon written notification if for any reason State funding ability to satisfy this Agreement is withdrawn, limited, or impaired.

4. All notices or other communications required or permitted to be given under this

Agreement shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by telephonic facsimile or electronic mail with simultaneous regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the other party at the address set forth below:

FOR DEPARTMENT: Rudy Malfabon, P.E., Director

Nevada Department of Transportation Attn: Tracy Larkin-Thomason

600 Grand Central Parkway Las Vegas, NV 89445 Phone: (702) 385-6500 Fax: (702) 730-3349 E-mail: [email protected]

FOR CITY: Allan S. Litman, Mayor City of Mesquite 10 E. Mesquite Blvd Mesquite, NV 89027 Phone: (702) 346-5295 Fax: (702) 346-2795 E – mail:[email protected]

5. Up to the limitation of law, including, but not limited to, NRS Chapter 41 liability

limitations, each party shall be responsible for all liability, claims, actions, damages, losses, and expenses, caused by the negligence, errors, omissions, recklessness or intentional misconduct of its own officers and employees.

6. The parties do not waive and intend to assert available NRS Chapter 41 liability

limitations in all cases. Agreement liability of both parties shall not be subject to punitive damages. Actual damages for any DEPARTMENT or CITY breach shall never exceed the amount of funds which have been appropriated for payment under this Agreement, but not yet paid, for the fiscal year budget in existence at the time of the breach.

7. This Agreement and the rights and obligations of the parties hereto shall be

governed by, and construed according to, the laws of the State of Nevada. The parties consent to the exclusive jurisdiction of the Nevada state district courts for enforcement of this Agreement.

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8. The illegality or invalidity of any provision or portion of this Agreement shall not

affect the validity of the remainder of the Agreement, and this Agreement shall be construed as if such provision did not exist, and the unenforceability of such provision shall not be held to render any other provision or provisions of this Agreement unenforceable.

9. Failure to declare a breach or the actual waiver of any particular breach of the

Agreement and or its material or nonmaterial terms by either party shall not operate as a waiver by such party of any of its rights or remedies as to any other breach.

10. Except as otherwise expressly provided herein, all property presently owned by

either party shall remain in such ownership upon termination of this Agreement, and there shall be no transfer of property between the parties during the course of this Agreement.

11. It is specifically agreed between the parties executing this Agreement that it is not

intended by any of the provisions of any part of this Agreement to create any rights in any person or entity, public or private, a third party beneficiary status hereunder, or to authorize anyone not a party to this Agreement to maintain a suit pursuant to the terms or provisions of this Agreement.

12. Each party agrees to keep and maintain under generally accepted accounting

principles full, true, and complete records and documents pertaining to this Agreement and to present, at any reasonable time, such information for inspection, examination, review, audit, and copying at any office where such records and documentation are maintained. Such records and documentation shall be maintained for three (3) years after final payment is made.

13. The parties are associated with each other only for the purposes and to the extent

set forth in this Agreement. Each party is and shall be a public agency separate and distinct from the other party and shall have the right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Agreement. Nothing contained in this Agreement shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal-agent, or to otherwise create any liability for one agency whatsoever with respect to the indebtedness, liabilities, and obligations of the other agency or any other party.

14. In connection with the performance of work under this Agreement, the parties

agree not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, disability, pregnancy, sexual orientation, genetic information (GINA) or gender identity or expression, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including without limitation apprenticeship. The parties further agree to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials.

15. Neither party shall assign, transfer or delegate any rights, obligations or duties

under this Agreement without the prior written consent of the other party.

16. The parties hereto represent and warrant that the person executing this Agreement on behalf of each party has full power and authority to enter into this Agreement and that the parties are authorized by law to engage in the cooperative action set forth herein.

17. Pursuant to NRS 239.010, information or documents may be open to public

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inspection and copying. The parties will have the duty to disclose unless a particular record is confidential by law or a common law balancing of interests.

18. Each party shall keep confidential all information, in whatever form, produced,

prepared, observed or received by that party to the extent that such information is confidential by law.

19. All references herein to federal and state code, law, statutes, regulations and circulars are to them, as amended.

20. This Agreement shall not become effective until and unless approved by

appropriate official action of the governing body of each party.

21. This Agreement constitutes the entire agreement of the parties and as such is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Unless an integrated attachment to this Agreement specifically displays a mutual intent to amend a particular part of this Agreement, general conflicts in language between any such attachment and this Agreement shall be construed consistent with the terms of this Agreement. Unless otherwise expressly authorized by the terms of this Agreement, no modification or amendment to this Agreement shall be binding upon the parties unless the same is in writing and signed by the respective parties hereto and approved by the Attorney General.

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year

first above written.

City of Mesquite State of Nevada, acting by and through its DEPARTMENT OF TRANSPORTATION PARTYOFTWO RUDDIR Director PARTYNAME Allan S. Litman, Mayor Name and Title (Print) Approved as to Legality and Form:

DAG Deputy Attorney General Attest: _________________________________ Tracy E. Beck, City Clerk _________________________________ Date

Approved as to Form: _________________________________ Robert Sweetin, City Attorney _________________________________ Date

81

RT 16-03A DESCRIPTION: A portion of SR-170 (Riverside Drive) between

Virgin River Bridge and Mesquite Blvd. in the City of Mesquite, County of Clark, State of Nevada

Attachment 1

LOCATION MAP

S-170-CL-011.406 XS1

82

(c¡ty)302

AllofAPNs: 001-17-399-013,001-17-399-014,001-17-399-015,001-17-399-017,oo'l -17 -499-006, 00 1 -1 7-499-009, 00 1 -1 8-799-0 1 1, 00 1 - 1 8-799-0 1 5,001 -1 8-7 99-021, 00 1 -1 8-899-004, 00 I -1 8-899-006, 00 1 -20-1 99-004,001 -20-1 99-005, 001 -20-299-001,

Ptn. ofAPNs: 001-19-699-001,001-19-699-002, O01-20-299-002,001-20-299-003

ControlSection: CL-49Route: SR-170 (Riverside Road) Surplus No.: RT 16-034Surplus Parcel: S-1 70-CL-01 1.406 XS1

RESOLUTION CONSENTING TO RELINQUISHMENTAND LAND TRANSFER AGREEMENT

WHEREAS, the State of Nevada, Department of Transportation, hereinafter called the Department,

desires to relinquish a portion of SR-170 (Riverside Road) lying within the City of Mesquite, State of Nevada,

extending from Highway Engineer's Station "C1" 194+69.19 P.O.T. to Highway Engineer's Station "C"

239+52.24 P.O.T., a distance of approximately 0.85 miles, said right-of-way is delineated and identified as

Parcel S-170-CL-011.406 XS1 on EXHIBIT ''A" attached hereto and made a part hereof; and

WHEREAS, the City Council of the City of Mesquite, State of Nevada, desires that the aforesaid portion

of said highway be relinquished to the City of Mesquite; and

WHEREAS, the City of Mesquite has requested the relinquishment of aforesaid portion of highway for

the purpose of a transportation facility; and

WHEREAS, the City of Mesquite has agreed to accept the relinquishment of said right-of-way for the

aforesaid portion of SR-170 (Riverside Road) together with any and all revocable leases and licenses entered

into between the Department and the adjoining owners for the multiple use of the right-of-way.

NOW THEREFORE be it resolved that the City Gouncil of the City of Mesquite, does in consideration of

the actions of the Department as set forth herein, hereby consent to the State of Nevada, Department of

Transportation, Board of Directors, relinquishing to the City of Mesquite, that portion of SR-170 (Riverside

Road) lying within the City of Mesquite, State of Nevada, extending from Highway Engineer's Station "C1"

194+69.19 P.O.T. to Highway Engineer's Station "C 239+52.24 P.O.T., a distance of approximately 0.85 miles,

said right-of-way is delineated and identified as Parcel S-170-CL-011.406 XS1 on EXHIBIT'4" , attached

hereto and made a part hereof.

Page 1 of 2

83

The parties acknowledge that no relinquishment can occur until the Department of Transportation,

Board of Directors approves of this relinquishment.

lNWlTNESSWHEREoFthepartiesheretohaveexecutedthisagreementdatedthis-

day of 20

ATTEST: CITY COUNCIL

City Clerk Mayor

REVIEWED AND RECOMMENDED BY: APPROVED AS TO LEGALITY AND FORM

Chief Right-of-Way Agent Chief Deputy Attorney GeneralChief Counsel, Department of Transportation

STATE OF NEVADA acting by and through itsDepartment of Transportation

Director

STATE OF NEVADACARSON CITY

On this day of ,20--, personally appeared before me,the undersigned, a Notary Public in and for Carson City, State of Nevada, personallyknown (or proved) to me to be the irector of the Department of Transportation of the State ofNevada who subscribed to the above instrument for the Nevada Department of Transportation underauthorization of Nevada Revised Statutes, Chapter 408.205; that he/she affirms that the seal affixed to saidinstrument is the seal of said Department; and that said instrument was executed for the Nevada Department ofTransportation freely and voluntarily and for the uses and purposes therein mentioned.

lN WITNESS WHEREOF I have hereuntoset my hand and affixed my official sealthe dayand year in this certificate first above written.

STATE

SEAL

SEAL

R16-15

Page2 of 2

APPROVED AS FORM:

______________________________________Robert Sweetin, City Attorney

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s-170-cL-011.406 XS1

I

LOCATION MAP

å#, ?-'l ìrll,i ri 1¡! ¡rá

fJ4

RT 16-034DESCRIPTION: A portion of SR-170 (Riverside Road) between

Virgin River Bridge and Mesquite Blvd.in the Gity of Mesquite, County of Glark, State of Nevada

l "'¡ ,

1.

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rr'':

EXHIBIT ''A''85




Subject:Mayor's Comments

Recommendation:



Fiscal Impact:

Background:


Attachments:

86




Subject:City Council and Staff Reports

Recommendation:



Fiscal Impact:

Background:


Attachments:

87




Subject:Consideration of Street Number Change Case No. SNC-16-003 (McDonald's) to change the streetnumber address of the McDonald's fast food restaurant at Pioneer and Mesa Boulevards from 190 EastPioneer Boulevard to 191 East Pioneer Boulevard.


Recommendation:Open the public hearing for comment, and approve SNC-16-003.



Fiscal Impact:None

Background:During recent inspections in the area, the Fire Inspector noticed that the address of McDonalds didn’tappear to be correct for a business on the north side of Pioneer Boulevard (even number instead of odd). The number chosen would have been correct for a Mesa Boulevard property, but not Pioneer.

It looked like what happened, is that the City assigned the number 190 to the parcel years ago, and thenMcDonalds posted the number on the front of their restaurant facing Pioneer Boulevard.

The Fire Department then contacted the owner, David Price, and suggested they consider doing anaddress change. Mr. Price then contacted Ryan Kammerer (IT), who assigns the addresses, and hedetermined that changing the number to 191 still fits within the range of street numbers for that part of theaddress grid. And it would only mean changing one digit.

88


Attachments: Cover Sheet SNC-16-003_App&LocationMap.pdf

89


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33759/SNC-16-003_App_LocationMap.pdf




Subject:Consideration of Street Number Change Case No. SNC-16-003 (McDonald's) to change the streetnumber address of the McDonald's fast food restaurant at Pioneer and Mesa Boulevards from 190 EastPioneer Boulevard to 191 East Pioneer Boulevard.


Recommendation:Open the public hearing for comment, and approve SNC-16-003.



Fiscal Impact:None

Background:During recent inspections in the area, the Fire Inspector noticed that the address of McDonalds didn’tappear to be correct for a business on the north side of Pioneer Boulevard (even number instead of odd). The number chosen would have been correct for a Mesa Boulevard property, but not Pioneer.

It looked like what happened, is that the City assigned the number 190 to the parcel years ago, and thenMcDonalds posted the number on the front of their restaurant facing Pioneer Boulevard.

The Fire Department then contacted the owner, David Price, and suggested they consider doing anaddress change. Mr. Price then contacted Ryan Kammerer (IT), who assigns the addresses, and hedetermined that changing the number to 191 still fits within the range of street numbers for that part of theaddress grid. And it would only mean changing one digit.

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Subject Site

Street Number Change190 to 191 East Pioneer Boulevard

SNC-16-003

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1:6,000

General Vicinity Map

191

91




Subject:Consideration of the introduction of Bill No. 507 (Medical Marijuana Location Restrictions) to amendMesquite Municipal Code Section 9-15-8 Location Restrictions by inserting language to exempt schools,community facilities, and residential zones, from the separation requirements if they knowingly choose tolocate closer to existing medical marijuana establishments.


Recommendation:Introduce Bill No. 507 as Ordinance No. 507, and set the public hearing date for November 22, 2016.



Fiscal Impact:None

Background:Bill No. 502 was introduced at the August 9, 2016 meeting of the City Council, and it was continued untilthe first meeting in October. Bill 502 was then revised to only include an amendment dealing with themethod of measuring the distance for the required separation of Medical Marijuana Establishments fromcommunity facilities.

A nearby property owner is now claiming that the required 1,000 foot separation from communityfacilities limits what he can do with his property, and that this limitation constitutes a taking or partialtaking of value of his property. In order to avoid any potential litigation on takings, staff is now proposingto reintroduce by amendment, the exemption from the separation requirement for community facilitieswho want to locate within 1,000 feet of an existing Medical Marijuana Establishment.

Contract Bid Expires On:96

Attachments: Cover Sheet Bill No. 507.docx Bill507_StaffMemo.docx

97


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33763/Bill_No._507.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/33764/Bill507_StaffMemo.pdf




Subject:Consideration of the introduction of Bill No. 507 (Medical Marijuana Location Restrictions) to amendMesquite Municipal Code Section 9-15-8 Location Restrictions by inserting language to exempt schools,community facilities, and residential zones, from the separation requirements if they knowingly choose tolocate closer to existing medical marijuana establishments.

Recommendation:Introduce Bill No. 507 as Ordinance No. 507, and set the public hearing date for November 22, 2016.



Fiscal Impact:None

Background:Bill No. 502 was introduced at the August 9, 2016 meeting of the City Council, and it was continued untilthe first meeting in October. Bill 502 was then revised to only include an amendment dealing with themethod of measuring the distance for the required separation of Medical Marijuana Establishments fromcommunity facilities.

A nearby property owner is now claiming that the required 1,000 foot separation from communityfacilities limits what he can do with his property, and that this limitation constitutes a taking or partialtaking of value of his property. In order to avoid any potential litigation on takings, staff is now proposingto reintroduce by amendment, the exemption from the separation requirement for community facilitieswho want to locate within 1,000 feet of an existing Medical Marijuana Establishment.


8898

1

BILL NO. 507ORDINANCE NO. 507

BILL NO. 502 (MEDICAL MARIJUANA SEPARATION REQUIREMENTS) AN ORDINANCE AMENDING MESQUITE MUNICIPAL CODE SECTION 9-15-8 LOCATION RESTRICTIONS BY INSERTING LANGUAGE TO EXEMPT SCHOOLS, COMMUNITYFACILITIES, AND RESIDENTIAL ZONES, FROM THE SEPARATION REQUIREMENTS IFTHEY KNOWINGLY CHOOSE TO LOCATE CLOSER TO EXISTING MEDICALMARIJUANA ESTABLISHMENTS.

WHEREAS, it is reasonable and appropriate to amend the Mesquite MunicipalCode from time to time; and

WHEREAS, the Nevada Legislature has granted to the governing body (City Council) authority to prepare and adopt business license regulations (NRS 268.095); and

WHEREAS, In November 2000, Nevada voters passed an initiative amending Article 4 of the Nevada Constitution to allow the use of marijuana for medical purposes; and

WHEREAS, Senate Bill 374, now codified in Nevada Revised Statues 453A, which allows for the creation of medical marijuana establishments in Nevada was passed by the State Legislature during the 77th Legislative Session; and

WHEREAS, on August 5, 2014 the City Council adopted Ordinance 485 to provide access to medical marijuana to patients within the City of Mesquite consistent with the provisions of Nevada Revised Statues 453A; and

WHEREAS, regulation and licensing of medical marijuana establishments is necessary to protect the safety and welfare of the patients and citizens of the city of Mesquite; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MESQUITE AS FOLLWS:

SECTION 1: Section 9-15-8 is hereby amended to modify location restrictions:

9-15-8: MEDICAL MARIJUANA ESTABLISHMENT LOCATION RESTRICTIONS:

A. All medical marijuana establishments must be located a distance of at least one thousand feet (1,000') from any of the following existing land uses:

1. Public or private schools (grades K-12).

2. Community facilities as defined in this chapter.

3. This distance limitation does not apply to any school or community facility church or synagogue that is located in an industrial zone whose owners / operators sign a

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disclosure statement acknowledging that they are moving to a location within 1,000 feet of an existing Medical Marijuana Establishment.

B. All medical marijuana dispensaries must be located a distance of at least three hundred feet (300') from the closest residential dwelling a residential zone boundary line. The foregoing distance requirement may be waived through the conditional use permit only if it can be shown by clear and convincing evidence by the applicant that a waiver of such distance requirements will not compromise the general intent of this code to protect the public health, safety, and general welfare of the citizens of the city.

C. These separation requirements in subsections A and B of this section shall be measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property lines of the land use parcels in question the entry door of the prospective medical marijuana establishment to the entry door of the nearest church, school, community facility, and residential dwelling. (Ord. 484, 8-5-2014, eff. 8-26-2014)

SECTION 2: If any section, paragraph, clause or provision of this ordinanceshall for any reason be held to be invalid or unenforceable, the invalidity orunenforceability of such section, paragraph, clause or provision shall in no way affectremaining provisions of this ordinance.

SECTION 3: All ordinances, parts of ordinances or chapters, sections orparagraphs contained in the Mesquite Municipal Code in conflict herewith are herebyrepealed.

SECTION 4: The City Council finds that this ordinance is not likely to impose a direct and significant economic burden upon a business or directly restrict theformation, operation or expansion of a business, or is otherwise exempt from NevadaRevised Statutes Chapter 237.

SECTION 5: This ordinance shall become effective twenty (20) days after its publication once by title in a newspaper qualified pursuant to provisions of Chapter 238of NRS, as amended from time to time.

SECTION 6: The City Clerk shall cause this ordinance to be published onceimmediately following its adoption, by title, in a newspaper qualified pursuant toprovisions of Chapter 238 of NRS, as amended from time to time.

PASSED, ADOPTED, AND APPROVED this 22nd day of November, 2016.

By: ________________________

Allan S. Litman, Mayor

ATTEST:100

3

BY:________________________

Tracy Beck, City Clerk

AYE:

NAY:

ABSTAIN:

PUBLICATION DATE:

EFFECTIVE DATE:

Approved as to Form

By:________________________

Robert Sweetin, City Attorney

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TO: Honorable Mayor and City Council

FROM: Richard Secrist, Development Services Director

DATE: November 9, 2016

SUBJECT: Consideration of the introduction of Bill No. 507 (Medical Marijuana Location Restrictions) to amend Mesquite Municipal Code Section 9-15-8 Location Restrictions by inserting language to exempt schools, community facilities, and residential zones, from the separation requirements if they knowingly choose to locate closer to existing medical marijuana establishments.

Recommendation

Introduce Bill No. 507 as Ordinance No. 507, and set the public hearing date for November 22,2016.

Background

Bill No. 502 was introduced at the August 9, 2016 meeting of the City Council, and it was continued until the first meeting in October. Originally, the draft Bill included two major provisions: the first was to create an exemption from the Medical Marijuana separation requirements for Community Facilities that voluntarily chose to locate closer, and the second provision was to change the method of measuring the distance for the required separation, to be consistent with the method used for alcoholic beverage facilities (Taverns and Full Off-Sale Liquor Stores).

Bill 502 was then revised to only include an amendment dealing with the method of measuring the distance for the required separation of Medical Marijuana Establishments from community facilities. A public hearing for the revised Bill No. 502 was held on October 25, 2016.

A nearby property owner is now claiming that the required 1,000 foot separation from community facilities limits what he can do with his property, and that this limitation constitutes a taking or partial taking of value of his property. In order to avoid any potential litigation on takings, staff is now proposing to reintroduce by amendment, the exemption from the separation requirement for community facilities who want to locate within 1,000 feet of an existing Medical Marijuana Establishment.

Key Facts

A. All medical marijuana establishments must be located a distance of at least 1,000feet from any of the following land uses:1. Public or private schools (grades K-12)2. Community Facilities as defined in MMC 9-15-3.3. This distance limitation does not apply to a church or synagogue that is located in an

industrial zone.

B. All medical marijuana dispensaries must be located a distance of at least 300 feet from a Residential Zone Boundary Line. The foregoing distance requirement may be waived

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through the conditional use permit only if it can be shown by clear and convincing evidence by the applicant that a waiver of such distance requirements will not compromise the general intent of this code to protect the public health, safety, and general welfare of the citizens of the city.

COMMUNITY FACILITY: Any of the following: a facility that provides daycare to children, a public park, a playground, a public swimming pool, a center or facility which provides recreational opportunities or services to children or adolescents, a church, synagogue, or other building, structure or place used for religious worship or other religious purposes.

Analysis

The intent of the location requirements for Medical Marijuana establishments is to protect the health, safety, and general welfare of the citizens of the city. It is also the intent to not draw attention to such facilities by placing them in less visible areas away from the more heavily trafficked destinations.

The separation from schools, churches, parks etc. is an affirmative requirement on those seeking to locate MMEs in the community. But what about those seeking to locate schools, churches, parks within those separation limits established by code? Do they get denied because of the existence of an MME in close proximity to their proposed location? And what impact would that have on the value of properties seeking to develop around such facilities?

These are the types of questions now being asked by nearby property owners around the Deep Roots Medical Establishment.

MMC 9-15-8 partially addresses this question in sub-section A.3. where it states, “This distance limitation does not apply to a church or synagogue that is located in an industrial zone.” In other words, MMEs are an allowed use in the Light Industrial Zone and if a church locates in this zone, it does so knowing that these types of facilities may exist. And the church’s presence should not disqualify someone from applying for permits for a Medical Marijuana establishment.

Similar language exists in MMC 9-8-8-3 Separation of Liquor License Buildings from Public Facilities. The second line under sub-section (A) states, “This liquor license distance limitation does not apply to a church that is located in a commercial or hotel/tourist zone.

In light of the questions raised about the impact of these requirements on surrounding residential and commercial properties, staff has reviewed again the language of 9-15-8. Staff viewed the original MME location restrictions as a “one way” requirement on Medical Marijuana facilities when choosing a location, but not a restriction on community facilities proposed on nearby properties. Some in the community reasoned that what’s good for the goose is good for the gander. In other words, if keeping MME facilities away from community facilities was being done to promote the general health, safety, and welfare of the community, then these community facilities should also not be allowed to locate within the original required separation. 104

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And in fact Keith Capurro, Deep Roots Medical CEO, argued against allowing voluntary exemptions because he thought without some type of disclosure statement and agreement to waive their objections to an existing MME, it could build-in neighborhood opposition that might then seek to have the MME facilities relocate.

Legal Issues

Now that at least one property owner is talking of making claims about loss of value due to the location restrictions in the code, staff is bringing back a draft Bill to allow exemptions to the distance requirements for property owners who voluntarily seek to locate closer. This would substantially take the teeth out of claims of lost value.

Previous Council Action

On June 15, 2016 the City Council Approved (4-1 Hafen) Bill No. 500 by amending the business license hours of operation and security video storage requirements for Medical Marijuana Facilities.

On July 14, 2015 the City Council Approved (4-1 Hafen ) Bill No. 493 by amending the business license fees for Medical Marijuana Facilities.

On November 25, 2015 the City Council Approved (3-1, Hafen ) Conditional Use Permit Nos. 5, 6, & 7 for Deep Roots Medical Cultivation, Production, and Dispensary Facilities.

On August 5, 2014 the City Council Approved (4-1, Hafen ) Bill Nos. 484 & 485 adopting Zoning and Business License regulations for Medical Marijuana Facilities.

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Submitted by: Tracy BeckSubmitting Department: City Attorney


Subject:Consideration of Burn Permit and Air Quality Permit Policy for open burns in the City of Mesquite.


Recommendation:Approval of a Burn Permit and Air Quality Permit Policy for open burns.

Petitioner:Kraig Hafen


Fiscal Impact:

Background:


Attachments: Cover Sheet

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Submitted by: Robert SweetinSubmitting Department: City Attorney


Subject:Consideration of Burn Permit and Air Quality Permit Policy for open burns in the City of Mesquite.


Recommendation:Approval of a Burn Permit and Air Quality Permit Policy for open burns.

Petitioner:Robert Sweetin


Fiscal Impact:

Background:


Attachments:

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Submitted by: Aaron BakerSubmitting Department: City Manager


Subject:Consideration of approval of a draft city charter and other matters properly related thereto.


Recommendation:Approve the draft city charter, direct staff to work with the Legislative Counsel Bureau to draft a Bill DraftRequest and authorize staff to take all measures necessary to effectuate the passage and approval ofthe draft city charter.

Petitioner:Aaron Baker, City Liaison Officer


Fiscal Impact:It is not anticipated that the city charter will have an impact on city revenue streams.

Background:Earlier this year, Council directed staff to begin working on draft city charter. Additionally, a committeewas formed to assist in drafting a charter.

The proposed city charter is a culmination of committee's efforts and was unanimously approved by thecommittee.


Attachments: Draft Mesquite City Charter 20161103.pdf

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Draft: November 3, 2016

MESQUITE CITY CHARTER

Chapter XXX, Statutes of Nevada XXX

AN ACT incorporating the City of Mesquite, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto.

ARTICLE I - Incorporation of City; General Powers; Boundaries; Annexations; City Offices; Charter Committee

Section 1.010 Preamble: Legislative intent. 1. In order to provide for the orderly government of the City of Mesquite and the general welfare of its citizens the Legislature hereby establishes this Charter for the government of the City of Mesquite. It is expressly declared as the intent of the Legislature that all provisions of this Charter be liberally construed to carry out the express purposes of the Charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the Charter. 2. Any powers expressly granted by this Charter are in addition to any powers granted to a city by the general law of this state. All provisions of Nevada Revised Statutes which are applicable generally to cities (not including, unless otherwise expressly mentioned in this Charter, chapter 265, 266, 267, or 268 of NRS) which are not in conflict with the provisions of this Charter apply to the City of Mesquite. 3. Except as otherwise expressly provided in a particular section or required by the context: (a) The masculine gender includes the feminine and neuter genders. (b) The singular number includes the plural number and the plural includes the singular. (c) The present tense includes the future tense.

4. The use of a masculine noun or pronoun in conferring a benefit or imposing a duty does not exclude a female person from that benefit or duty. The use of a feminine noun or pronoun in conferring a benefit or imposing a duty does not exclude a male person from that benefit or duty. Sec. 1.020 Incorporation of City. 1. All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 1.030 shall constitute a political and corporate body by the name of “City of Mesquite” and by that name they and their successors shall be known in law, have perpetual succession and may sue or be sued in all courts. 2. Whenever used throughout this charter, “City” means the City of Mesquite. Sec. 1.030 Description of territory. The territory embraced in the City is that certain land described in the official plat required by NRS 234.250 to be filed with the County Recorder and County Assessor of Clark County, as such plat is revised from time to time. Sec. 1.040 Annexations. The City may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to a county whose population is 700,000 or more. Sec. 1.050 Elective offices. 1. The elective officers of the City consist of: (a) A Mayor. (b) Five Council Members. (c) Such officers as provided by this Charter. Sec. 1.060 Elective offices: Vacancies. 1. A vacancy in the City Council or in the office of Mayor must be filled for the remainder of the unexpired term by: (a) A majority vote of the members of the City Council, or the remaining members in the case of a vacancy in the City Council, within 45 days after the occurrence of the vacancy appointing a person who has the same qualifications as are required of the elective official. (b) The person appointed to fill the remainder of an unexpired term shall enter upon the discharge of his or her respective duties at the first meeting of the City Council held after the canvass of returns is made. Sec. 1.070 Mayor and Council Members not to hold other office; running for other offices. 1. The Mayor and Council Members shall not: (a) Hold any other elective office with the State of Nevada or any of its political subdivisions or any other employment with the City. (b) Be elected or appointed to any office created by or the compensation for which was increased or fixed by the City Council until 1 year after the expiration of the term for which he or she was elected.

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2. Any person holding any office proscribed by subsection 1 automatically forfeits his or her office as Mayor or Council Member. 3. Any person holding the office of Mayor or Council Member may run for any other elective office with the State of Nevada or any of its political subdivisions office while still serving in the office of Mayor or Council Member, subject to subsections 1 and 2. Sec. 1.080 Executive Officers. 1. The following positions are Executive Officers within the City: (a) City Manager (b) City Attorney (c) Any Assistant or Deputy City Manager. (d) City Clerk

(e) Finance Director (f) Chief of Police (g) Fire Chief 2. The City Council may create, eliminate or combine any Executive Office by way of ordinance. 3. The Mayor of the City shall appoint any person to the positions of City Manager and City Attorney

subject to the advice and consent of the City Council. 4. All other Executive Officers shall be appointed by the City Manager and are subject to ratification by

the City Council. Sec. 1.090 Executive Officers: Duties; salary. 1. All Executive Officers, other than the City Attorney, shall perform such duties as designated by the City Manager. 2. Any Executive Officer aware of supposed nonfeasance, misfeasance or malfeasance shall report it according to their chain of command. If the person allegedly committing nonfeasance, misfeasance or malfeasance is above them in their chain of command, the Executive Officer shall report it to the appropriate legal authorities. 3. The City Manager shall set the salary for all Executive Officers other than the City Attorney. Sec. 1.100 Oath of office. Every person elected or appointed to fill any elective office shall subscribe to the official oath as provided by the City Council. Every such person shall swear or affirm that he or she is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the City government. Sec. 1.110 Charter Committee: Creation, Composition; appointment; qualifications; compensation; terms; vacancies. 1. A Charter Committee may be created at any time by the City Council and shall meet as required to prepare a recommendation to the Council. 1. The Charter Committee shall be composed of up to nine voting members.

2. The Charter Committee shall be appointed as follows: (a) At a public meeting, the Mayor and City Council may appoint up to six members;

(b) The Committee shall appoint the remaining members to have a total of nine members; (c) The City Manager and City Attorney, or their designees, shall serve as ex-officio non-voting members of the committee. 3. Each member of the Charter Committee: (a) Must be a registered voter of the City; (b) Must reside in the City during his or her term of office; and (c) Serves without compensation (or in the case of 1(c), additional compensation). 4. Committee members’ terms of service shall be until the end of the legislative session in which the proposed amendments will be considered. At the end of the session, the committee shall automatically be dissolved. 5. If a vacancy occurs on the Charter Committee, the vacancy must be filled in the same manner as the original appointment. Sec. 1.120 Charter Committee: Officers; meetings; duties. The Charter Committee shall: 1. Elect a Chair and Vice Chair from among its members; 2. Charter Committee meetings are subject to NRS Chapter 241 Sec. 1.130 Charter Committee: Removal of member. 1. Any member of the Charter Committee may be removed by a majority of the remaining members of the Charter Committee for any of the following reasons: (a) Failure or refusal to perform the duties of office; (b) Absence from three consecutive regular meetings; or (c) Ceasing to meet any qualification for appointment to the Charter Committee; or (d) Conduct deemed inappropriate by a majority vote of Committee Members. This action must be ratified by a majority vote of the City Council.

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2. Any vacancy resulting from the removal of a member pursuant to this section must be filled pursuant to subsection 4 of section 1.120.

ARTICLE II - Legislative Department Sec. 2.010 City Council: Qualifications; election; term of office; salary. 1. The legislative power of the City is vested in a City Council consisting of five Council Members. 2. Council Members are to be elected at large, and without respect to the location of the Council Member’s residence, so long as it is within the City limits of the City of Mesquite. 3. Each Council Member must be: (a) A bona fide resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office. (b) A qualified elector within the City. 4. All Council Members, must be voted upon by the registered voters of the City at large and, except as otherwise provided in section 5.020, shall serve for terms of 4 years. 5. The Mayor and Council Members are entitled to receive a salary in an amount fixed by the City Council. The City Council shall not adopt an ordinance which increases or decreases the salary of the Mayor or the Council Members during the term for which they have been elected or appointed. (Ch. 266, Stats. 1971 p. 404; A—Ch. 98, Stats. 1977 p. 206; Ch. 23, Stats. 1993 p. 45; Ch. 596, Stats. 1995 p. 2206; Ch. 218, Stats. 2011 p. 955)

Sec. 2.020 City Council: Contracts. Members of the City Council may vote on any lease, contract or other agreement which extends beyond their terms of office. (Ch. 266, Stats. 1971 p. 405)

Sec. 2.030 City Council: Discipline of members and other persons; subpoena power. 1. The City Council may: (a) Provide for the punishment of any member for disorderly conduct committed in its presence. (b) Order the attendance of witnesses and the production of all documents and data relating to any business before the City Council. 2. If any person ordered to appear before the City Council or to produce documents or data fails to obey such order: (a) The City Council or any member thereof may direct the City Attorney to apply to the Municipal Court for a subpoena commanding the attendance of the person before the City Council or production of the documents or data to the City Council. (b) A Municipal Judge may issue the subpoena, and any peace officer may serve it. (c) If the person upon whom the subpoena is served fails to obey it, the Municipal Court may issue an order to show cause why such person should not be held in contempt of the Municipal Court and upon hearing of the matter may adjudge such person guilty of contempt and punish him or her accordingly. (Ch. 266, Stats. 1971 p. 405; A—Ch. 266, Stats. 2013 p. 1208)

Sec. 2.040 Meetings: Quorum. 1. The City Council shall hold at least two regular meetings each month, unless the Mayor or a majority of Council Members decide otherwise. In no case, shall the City Council hold less than one regular meeting each month.. 2. Prior to each scheduled City Council meeting but not before the previous City Council meeting, the City Council shall hold a work session to discuss the contents of the next City Council meeting. 3. Except as otherwise provided in NRS 241.0355, a majority of all members of the City Council constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members. 4. Except as otherwise provided by law, all sessions and all proceedings of the City Council must be public. (Ch. 266, Stats. 1971 p. 405; A—Ch. 255, Stats. 2001 p. 1130)

Sec. 2.050 Meetings: Special. 1. Special meetings may be held on call of the Mayor or by a majority of the City Council, by giving notice of the special meeting pursuant to NRS 241.020. 2. At a special meeting no contract involving the expenditure of money may be made or claim allowed unless notice of the meeting called to consider the action is given pursuant to the provisions of NRS 241.020. (Ch. 266, Stats. 1971 p. 405; A—Ch. 596, Stats. 1995 p. 2207)

Sec. 2.060 Meetings: Time and place; rules. The City Council may: 1. Fix the time and place of its meetings and judge the qualifications and election of its own members. 2. Adopt rules for the government of its members and proceedings.

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(Ch. 266, Stats. 1971 p. 405)

Sec. 2.070 Oaths and affirmations. The Mayor, the Mayor pro tempore while acting for the Mayor and the City Clerk may administer oaths and affirmations relating to any business pertaining to the City before the City Council or to be considered by the City Council. (Ch. 266, Stats. 1971 p. 405)

Sec. 2.080 Powers of City Council: Ordinances, resolutions and orders. 1. The City Council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this Charter, necessary for the municipal government and the management of the affairs of the City, and for the execution of all the powers vested in the City. 2. When power is conferred upon the City Council to do and perform anything, and the manner of exercising such power is not specifically provided for, the City Council may provide by ordinance the manner and details necessary for the full exercise of such power. 3. The City Council may enforce ordinances by providing penalties not to exceed those established by the Legislature for misdemeanors. 4. The City Council has such powers, not in conflict with the express or implied provisions of this Charter, as are conferred generally by statute upon the governing bodies of cities organized under a special charter. (Ch. 266, Stats. 1971 p. 406; A—Ch. 596, Stats. 1995 p. 2207)

Sec. 2.090 Ordinances: Passage by bill; amendments; subject matter; title requirements. 1. No ordinance may be passed except by bill and by a majority vote of the whole City Council. The style of all ordinances shall be as follows: “The City Council of the City of Mesquite does ordain:”. 2. No ordinance shall contain more than one subject , which shall be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title. 3. Any ordinance which amends an existing ordinance shall set out in full the ordinance or sections thereof to be amended, and shall indicate matter to be omitted by enclosing it in brackets, or other similar express conspicuous marking, and shall indicate new matter by underscoring or by italics, or other similar express conspicuous marking. (Ch. 266, Stats. 1971 p. 406)

Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances. 1. All proposed ordinances when first proposed must be read to the City Council by title and referred to a committee, if such a committee has been established, for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the City Clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, and published in the City at least 10 days before the adoption of the ordinance. The City Council shall adopt or reject the ordinance or an amendment thereto, within 30 days after the date of publication. 2. At the next regular meeting or special meeting of the City Council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the City Council. Before consideration by the Council, a public hearing on the proposed ordinance must be held. Upon conclusion of the public hearing, the proposed ordinance must be finally voted upon or action thereon postponed. 3. In cases of emergency or where the ordinance is of a kind specified in section 7.040, by unanimous consent of the City Council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the City Clerk need be published. 4. All ordinances must be signed by the Mayor, attested by the City Clerk and published at least once by title, together with the names of the Council Members voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the City, before the ordinance becomes effective. The City Council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only. 5. The City Clerk shall keep a record of all ordinances together with the affidavits of publication. (Ch. 266, Stats. 1971 p. 406; A—Ch. 149, Stats. 1973 p. 204; Ch. 160, Stats. 1983 p. 370; Ch. 596, Stats. 1995 p. 2208; Ch. 266, Stats. 2013 p. 1208)

Sec. 2.110 Powers of City Council: Public property, buildings. The City Council may: 1. Control the property of the corporation. 2. Erect and maintain all buildings necessary for the use of the City. 3. Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the City, improve and protect such property, and do all other things in relation thereto which natural persons might do.

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(Ch. 266, Stats. 1971 p. 407; A—Ch. 596, Stats. 1995 p. 2209)

Sec. 2.120 Powers of City Council: Eminent domain. The City Council may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time. (Ch. 266, Stats. 1971 p. 407)

Sec. 2.130 Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions. 1. The City Council may: (a) Except as otherwise provided in NRS 598D.150 and 640C.100, regulate all businesses, trades and professions. (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions. 2. The City Council may establish by ordinance or resolution any equitable standard to be used in fixing license taxes required to be collected pursuant to this section. (Ch. 266, Stats. 1971 p. 407; A—Ch. 465, Stats. 2003 p. 2898; Ch. 325, Stats. 2005 p. 1141)

Sec. 2.140 Powers of City Council: Police ordinances. 1. The City Council may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada. 2. Any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the City whenever such offense is committed within the City. (Ch. 266, Stats. 1971 p. 407)

Sec. 2.160 Powers of City Council: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations. The City Council may: 1. Organize, regulate and maintain a fire department. 2. Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the City, and prescribe the distance from any residential or commercial area where it may be kept. Any ordinance adopted pursuant to this subsection that regulates places of employment where explosives are stored must be at least as stringent as the standards and procedures adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890. 3. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section. (Ch. 266, Stats. 1971 p. 407; A—Ch. 391, Stats. 1999 p. 1862)

Sec. 2.170 Powers of City Council: Public health; Board of Health; regulations. The City Council may: 1. Provide for safeguarding public health in the City. 2. Provide for the enforcement of all regulations and quarantines established by the Southern Nevada Health District, or its successor, by imposing adequate penalties for violations thereof. 3. Provide by ordinance, rules and regulations specific to the health and welfare of the City of Mesquite, all of which may be enforced as misdemeanors, if the Council so chooses. (Ch. 266, Stats. 1971 p. 408; A—Ch. 596, Stats. 1995 p. 2209)

Sec. 2.180 Powers of City Council: Buildings; construction and maintenance regulations; building and safety codes. The City Council may: 1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the City. 2. Adopt any building or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. (Ch. 266, Stats. 1971 p. 408)

Sec. 2.190 Powers of City Council: Zoning and planning. The City Council may adopt ordinances and regulations relating to zoning and planning pursuant to the provisions of chapter 278 of NRS. (Ch. 266, Stats. 1971 p. 408; A—Ch. 596, Stats. 1995 p. 2209)

Sec. 2.200 Powers of City Council: Rights-of-way, parks, public buildings and grounds and other public places. The City Council may: 1. Lay out, maintain, alter, improve or vacate all public rights-of-way in the City. 2. Regulate the use of public parks, buildings, grounds and rights-of-way and prevent the unlawful use thereof. 3. Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.

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4. Regulate and prevent in all public places: (a) The distribution and exhibition of handbills or signs. (b) Any practice tending to annoy persons passing or being in such public places. (c) Public demonstrations and processions. 5. Prevent riots or any act tending to promote riots in any public place. (Ch. 266, Stats. 1971 p. 408)

Sec. 2.210 Powers of City Council: Traffic control. The City Council may, by ordinance, regulate: 1. Except as otherwise provided in NRS 707.375, all vehicular, pedestrian and other traffic within the City and provide generally for the public safety on public streets and rights-of-way. 2. The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots. (Ch. 266, Stats. 1971 p. 408; A—Ch. 237, Stats. 2003 p. 1253)

Sec. 2.220 Powers of City Council: Parking meters; off-street public parking facilities. 1. The City Council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters must be fixed by the City Council. 2. Except as otherwise provided by this Charter, the City Council may acquire property within the City by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The City Council may, in bonds issued to acquire property for this purpose, pledge the on-street parking revenues, the general credit of the City, or both, to secure the payment of the principal and interest thereon. (Ch. 266, Stats. 1971 p. 409; A—Ch. 482, Stats. 1981 p. 972; Ch. 91, Stats. 1995, p. 110)

Sec. 2.225 Powers of City Council: Airports. The City Council may acquire, provide for, operate and maintain airports for public use. (Added—Ch. 67, Stats. 1987 p. 132)

Sec. 2.230 Powers of City Council: Railroads. The City Council may: 1. License, regulate or prohibit the location, construction or laying of tracks of any railroad or streetcar in any public right-of-way. 2. Grant franchises to any person or corporation to operate a railroad, streetcar or other public transit system upon public rights-of-way and adjacent property. 3. Declare a nuisance and require the removal of the tracks of any railroad or streetcar in any public right-of-way. 4. Condemn rights-of-way for any public purpose across any railroad right-of-way. 5. Prescribe the length of time any public right-of-way may be obstructed by trains standing thereon. 6. Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair. 7. Acquire, provide for, operate and maintain a railroad for public use. (Ch. 266, Stats. 1971 p. 409; A—Ch. 67, Stats. 1987 p. 132)

Sec. 2.240 Powers of City Council: Nuisances. The City Council may: 1. Determine by ordinance what shall be deemed nuisances. 2. Provide for the abatement, prevention and removal of such nuisances at the expense of the person creating, causing or committing such nuisances. 3. Provide that such expense of removal shall be a lien upon the property upon which the nuisance is located. Such lien shall: (a) Be perfected by filing with the County Recorder a statement by the City Clerk of the amount of expenses due and unpaid and describing the property subject to the lien. (b) Be coequal with the latest lien thereon to secure the payment of general taxes. (c) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes. (d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes. 4. Provide any other penalty or punishment of persons responsible for such nuisances. (Ch. 266, Stats. 1971 p. 409)

Sec. 2.250 Powers of City Council: Animals. The City Council may regulate and control animals in the City and may construct facilities for this purpose. (Ch. 266, Stats. 1971 p. 410; A—Ch. 596, Stats. 1995 p. 2210; Ch. 266, Stats. 2013 p. 1209)

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Sec. 2.260 Powers of City Council: Abatement of noxious insects, rats and disease-bearing organisms. The City Council may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the city or in territory outside the City but so situated that such insects, rats and disease-bearing organisms migrate or are carried into the City. (Ch. 266, Stats. 1971 p. 410)

Sec. 2.270 Powers of City Council: Sanitary sewer facilities. The City Council may: 1. Provide for a sanitary sewer system or any part thereof, including a waste-water treatment plant, and obtain property therefor either within or without the City. 2. Sell any product or by-product thereof and acquire the appropriate outlets within or without the City and extend the sewer lines thereto. 3. Establish sewer fees and provide for the enforcement and collection thereof. (Ch. 266, Stats. 1971 p. 410)

Sec. 2.280 Powers of City Council: Provision of utilities. 1. Except as otherwise provided in subsection 2 and section 2.285, the City Council may: (a) Provide, by license, contract, franchise, public enterprise or any other appropriate means, for any utility to be furnished to the City for the residents thereof. (b) Provide for the construction of any facility necessary for the provision of such utilities. (c) Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the City is a lien upon the property to which the service is rendered and must be perfected by filing with the County Recorder of Clark County a statement by the City Clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien must: (1) Be coequal with the latest lien thereon to secure the payment of general taxes. (2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes. (3) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes. 2. The City Council: (a) Shall not sell telecommunication service to the general public. (b) May purchase or construct facilities for providing telecommunication that intersect with public rights-of-way if the governing body: (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and (2) Determines from the results of the study that the purchase or construction is in the interest of the general public. 3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the City Clerk and made available for public inspection during the business hours of the Office of the City Clerk. 4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunication service to the general public. 5. As used in this section: (a) “Telecommunication” has the meaning ascribed to it in NRS 704.025. (b) “Telecommunication service” has the meaning ascribed to it in NRS 704.028. (Ch. 266, Stats. 1971 p. 410; A—Ch. 565, Stats. 1997 p. 2752; Ch. 416, Stats. 2001 p. 2098; Ch. 216, Stats. 2007 p. 720)

Sec. 2.285 Franchises for the provision of telecommunication service. 1. The City Council shall not: (a) Impose any terms or conditions on a utility for the provision of telecommunication service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines. (b) Require a company that provides telecommunication service or interactive computer service to obtain a franchise if it provides telecommunication service over the telephone or telegraph lines owned by another company. (c) Require a person who holds a franchise for the provision of telecommunication service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the City. 2. As used in this section: (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(f)(2), as that section existed on January 1, 2007. (b) “Telecommunication service” has the meaning ascribed to it in NRS 704.028. (Added—Ch. 565, Stats. 1997 p. 2752; A—Ch. 216, Stats. 2007 p. 721)

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Sec. 2.320 Sale, lease, exchange of real property owned by the City: Procedure; disposition of proceeds. Appraisals Appraisal required; qualifications and selection of appraisers; disclosure statements; interest of appraiser or related person in property or adjoining property prohibited; effect of sale or lease in violation of section. 1. Except as otherwise provided in this section, whenever real property is to be leased or sold, the City shall: (a) Select one or two independent appraisers, as applicable, from the list of appraisers licensed in Clark County established pursuant to subsection 2. The cost of appraisal shall be borne by the successful purchaser, unless the City Council decides otherwise in a public meeting. (b) Verify the qualifications of each appraiser selected pursuant to paragraph (a). The determination of the governing body as to the qualifications of the appraiser is conclusive. 2. The governing body shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the governing body. The list must: (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and (b) Be organized at random and rotated from time to time. 3. An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the property owner or the owner of an adjoining property. 4. An appraiser shall not perform an appraisal on any real property offered for sale or lease by the governing body if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property. 5. If real property is sold or leased in violation of the provisions of this section, the sale or lease shall be void. Public Entity Sales or Lease Process 1. The City may sell, lease or otherwise dispose of certain property owned by the City to another public entity if: (a) The sale or lease restricts the use of the real property to a public use; and (b) The City Council adopts a resolution finding that the sale or lease will be in the best interest of the city. 2. If the above conditions are met, the City may lease, sell or otherwise dispose of the real property subject to the following conditions: (a) Cause that a notice be published at least once, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the city-owned building or portion thereof or the other real property is located, a notice setting forth a description of the city-owned building or portion thereof or the other real property proposed to be sold or leased in such a manner as to identify it; and (b) Hold a public hearing on the matter not less than 10 or more than 20 days after the date of publication of the notice. 3. Any transaction made pursuant to this section may be made on any additional terms and conditions as the City Council deems proper. 4. If real property is sold or leased in violation of the provisions of this section: (a) The sale or lease is void; and (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease, unless any such change applies to all properties within the applicable zoning district. The condition contained in this subsection 4(b) shall be included as part of an applicable lease, or, in the event of a sale, recorded with the property as a condition of sale. Remnant Parcel Sales Process 1. The City may sell, lease or otherwise dispose of certain property owned by the city if one of the following conditions is met: (a) If the parcel is a remnant that was separated from its original parcel due to the construction of public infrastructure, public utility or other public facility; (b) If the parcel is a parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; or (c) If it is a parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property offered for sale or lease. 2. If any of the above conditions are met, the City may lease, sell or otherwise dispose of the real property subject to the following conditions: (a) The governing body adopts a resolution stating that it is in the best interest of the city to sell, lease or otherwise dispose of the property: (1) Without offering the property to the public; and (2) For less than the fair market value of the real property, if applicable. (b) Obtain an appraisal

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(c) Cause that a notice be published at least once, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the city-owned building or portion thereof or the other real property is located, a notice setting forth a description of the city-owned building or portion thereof or the other real property proposed to be sold or leased in such a manner as to identify it; and (d) Hold a public hearing on the matter not less than 10 or more than 20 days after the date of publication of the notice. 3. Any transaction made pursuant to this section may be made on any additional terms and conditions as the governing body of the city deems proper. 4. If real property is sold or leased in violation of the provisions of this section: (a) The sale or lease is void; and (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease, unless any such change applies to all properties within the applicable zoning district. The condition contained in this subsection 4(b) shall be included as part of an applicable lease, or, in the event of a sale, recorded with the property as a condition of sale. Property less than 25,000 square feet 1. The City may offer any city-owned building or any portion thereof or any other real property for lease or sale if: (a) The area of the building space or other real property is less than 25,000 square feet; and (b) The governing body adopts a resolution stating that it is in the best interest of the city to lease or sell the property: (1) Without offering the property to the public; and (2) For less than the fair market value of the building space or other real property, if applicable. 2. The governing body shall: (a) Obtain an appraisal in the event of sale (b) Not be required to obtain an appraisal in the event of a lease. (c) Cause to be published at least once, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the city-owned building or portion thereof or the other real property is located, a notice setting forth a description of the city-owned building or portion thereof or the other real property proposed to be sold or leased in such a manner as to identify it; and (d) Hold a public hearing on the matter not less than 10 or more than 20 days after the date of publication of the notice. 3. A lease or sale of a city-owned building or any portion thereof or any other real property pursuant to this section may be made on such terms and conditions as the governing body of the city deems proper. 4. If real property is sold or leased in violation of the provisions of this section: (a) The sale or lease is void; and (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease, unless any such change applies to all properties within the applicable zoning district. The condition contained in this subsection 4(b) shall be included as part of an applicable lease, or, in the event of a sale, recorded with the property as a condition of sale. Economic Development and Redevelopment Direct Sales Process 1. The City may sell, lease or otherwise dispose of real property for the purposes of redevelopment or economic development: (a) Without first offering the real property to the public; and (b) For less than fair market value of the real property. 2. The City may adopt an ordinance or approval of a resolution enabling the establishment of criteria for the disposal of real property for economic development or redevelopment purposes. 3. Before a governing body may sell, lease or otherwise dispose of real property pursuant to this section, the governing body must: (a) Obtain two appraisals of the property; and (b) Adopt a resolution finding that it is in the best interests of the public to sell, lease or otherwise dispose of the property: (1) Without offering the property to the public; and (2) For less than fair market value of the real property. (c) Adopt a resolution finding that the sale or lease is consistent with adopted city ordinances and resolutions regarding the disposal of real property for economic development or redevelopment purposes. 4. If real property is sold, leased or otherwise disposed of in violation of the provisions of this section: (a) The sale, lease or other disposal is void; and (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease, unless any such change applies to all properties within

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the applicable zoning district. The condition contained in this subsection 4(b) shall be included as part of an applicable lease, or, in the event of a sale, recorded with the property as a condition of sale. 5. Definitions of Economic Development and Redevelopment (a) As used in this section, “Economic development” has the meaning ascribed to it in NRS 268.063 (b) “Redevelopment” has the meaning ascribed to it in NRS 279.408. Public Auction Process The City shall use the public auction process as outlined in NRS 268.062, as amended from time to time. Usage of Real Estate Professionals (1) The City Council may from time to time decide by resolution to retain the services of a real estate agency or professional to lease or sell real property, whether pursuant to any of the above sections or as provided further below. (2) The City Council may compensate the real estate agency or professional for their services. (3) In the event that the City Council desires to sell real property that is 25,000 square feet or larger, the City may retain the services of a real estate agency or professional to sell the real property if the following conditions are met: (a) The governing body adopts a resolution stating that it is in the best interest of the city to sell, lease or otherwise dispose of the property by offering the property to the public utilizing the services of a real estate agency of professional; (b) The City Council shall obtain two appraisals, the average of which shall establish the minimum price for sale of the property; (c) The City Council must list the property for sale for not less than the value established under subsection 3(b), above; (d) The City Council shall cause to be published in a newspaper qualified under chapter 238 of NRS that is published in the county in which the city-owned property is located, at least one notice setting forth a description of the city-owned property proposed to be sold in such a manner as to identify it; and (e) Hold a public hearing on the matter not less than 10 or more than 20 days after the date of publication of the notice. (4) Any transaction made pursuant to this section may be made on any additional terms and conditions as the governing body of the city deems proper. (5) The real estate agency or professional must present all offers to purchase property to the City Council. Upon the receipt of any offer, the City Council thereafter shall have 45 days to accept an offer and enter into a purchase and sale agreement for the property. In the event that the City Council does not accept an offer within 45 days, the offer shall be deemed rejected.

ARTICLE III - Executive Department

Sec. 3.010 Mayor: Duties; Mayor pro tempore. 1. The Mayor must be: (a) A bona fide resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office. (b) A qualified elector within the City.

2. The Mayor shall: (a) Be recognized as the official head of the city for the performance of all duties lawfully delegated to the mayor by this Charter, by action of the council, for all ceremonial purposes, or by other laws. (b) Preside over the meetings of the City Council, but shall have no vote, unless to break a tie. While presiding, the Mayor shall preserve order and decorum among the members and enforce the rules of the City Council and determine the order of business, subject to those rules and appeal to the city council, or as provided by ordinance. (c) In times of declared emergency, as declared by a majority vote of City Council members, perform such emergency duties as may be necessary for the general health, welfare and safety of the City. The declaration of emergency may include a provision authorizing the Mayor to act as the Chief Executive Officer of all affairs of the City during the emergency. (d) Provide an annual address to the City Council during the first regular City Council Meeting of the year relative to the state of the City, and recommend such measures as the Mayor may deem beneficial to the City. (e) Take all proper measures for the preservation of public peace and order and the suppression of riots, tumults and all forms of public disturbances, for which purpose the mayor may, if the City is not participating in a metropolitan police department, appoint extra police officers temporarily and use and command the police force. If the City is participating in a metropolitan police department, the mayor may request law enforcement assistance

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from the sheriff. In either case, if local law enforcement forces are inadequate, the mayor shall call upon the Governor for military aid in the manner provided by law. (f) Sign all licenses and warrants and claims against the City (g) Perform such other duties as the City Council shall prescribe by ordinance. (h) Shall appoint and remove himself or herself, City Council members, or other qualified individuals from boards, commissions and advisory agencies where the Mayor or City Council member has been granted a seat by virtue of their elected office, subject to ratification by the City Council; (i) Shall appoint the City Manager and City Attorney, with the advice and consent of the City Council; (j) May propose ordinances, resolutions and proclamations which shall be considered by the City Council; 3. The Mayor may exercise the right of veto upon all matters passed by the City Council, but shall have no power to exercise a line-item veto. To pass any matter receiving the Mayor’s veto requires a four-fifths vote of the City Council. 4. No resolution or contract requiring the payment of money approved by the City Council nor any ordinance may go into force or have any effect until approved in writing by the mayor or authorized designee, unless passed over the mayor’s veto. If the mayor does not approve the resolution, contract or ordinance so submitted, the mayor shall, within 5 days after the receipt thereof, return it to the City Clerk with his or her reasons in writing for not approving it. If the mayor does not so return it, the resolution or contract thereupon goes into effect as if it had been approved by the mayor. 5. Any of the duties in Sections 2 or 4 may be delegated administratively by the Mayor to the City Manager.

6. The City Council shall elect one of its members to be Mayor pro tempore. Such person shall: (a) Hold such office and title, without additional compensation, during the term for which he or she was elected. (b) Perform the duties of Mayor during the absence or disability of the Mayor. (c) Act as Mayor until the City Council appoints another, if the office of Mayor becomes vacant. (Ch. 266, Stats. 1971 p. 412)

Sec. 3.020 City Manager: Duties. 1. The City Manager shall be the chief executive officer of the city and shall be responsible for the effective administration of city government. The City Manager shall have the power and it shall be the City Manager’s duty: a. To see that all laws and ordinances are enforced; b. To administer and exercise supervision and control over all offices, departments and services of the city government under the jurisdiction and control of the City Manager; c. Except as otherwise provided in this Charter, to appoint all heads or directors of departments of the city and all subordinate officers and employees with power to discipline and remove any officer or employee so appointed; d. To make such recommendations to the Mayor and City Council as the City Manager shall deem appropriate concerning the operation, affairs and future needs of the City; e. To attend all regular and special public meetings of the City Council with the right to participate in the discussion of matters pending before the council but without the right to vote on such matters; f. To see that all terms or conditions imposed in favor of the City or the People of the City in any contract, franchise, lease or permit are faithfully kept and performed; and upon knowledge of any violation thereof to notify the city council of such violation; g. When authorized to do so by the provisions of this Charter or by ordinance or resolution, sign all contracts, franchises, lease or permits or any other document that do not require City Council approval and execute, on behalf of the City all contracts, franchises, lease or permits or any other document requiring the execution of which is required by an officer of the City; h. To keep the City Council and Mayor fully advised as to the operations, financial conditions, and needs of the City; i. To prepare and present an annual budget pursuant to the laws of the State of Nevada; j. To perform other such duties as may be prescribed by the City Council.

2. The City Manager’s salary must be set by the City Council. 3. The City Manager may appoint such clerical and administrative assistants as he or she may deem necessary. 4. The Mayor or a Council Member may not be appointed as City Manager during the term for which he or she was elected or within 1 year after the expiration of his or her term. (Ch. 266, Stats. 1971 p. 413; A—Ch. 596, Stats. 1995 p. 2212; Ch. 266, Stats. 2013 p. 1211)

Sec. 3.030 City Manager: Removal. The Mayor and City Council are eligible to vote to determine whether to remove the City Manager. A minimum of four votes may remove the City Manager for any reason,

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subject to the employment agreement with the City Manager, if any. Such removal shall not be subject to the Mayor’s ability to veto, nor the Council’s right to override any veto.

(Ch. 266, Stats. 1971 p. 413; A—Ch. 266, Stats. 2013 p. 1212)

Sec. 3.040 City Clerk: Duties. The City Clerk shall: 1. Keep the corporate seal and all books, records and historical papers belonging to the City. 2. Attend all meetings of the City Council and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the City Council, the City Clerk shall attest the journal after it has been signed by the Mayor. 3. Enter upon the journal the result of the vote of the City Council upon the passage of all ordinances and resolutions. 4. Perform such other duties as may be required by the City Manager. (Ch. 266, Stats. 1971 p. 413; A—Ch. 149, Stats. 1973 p. 205; Ch. 596, Stats. 1995 p. 2212; Ch. 266, Stats. 2013 p. 1212)

Sec. 3.060 City Attorney: Qualifications; duties. 1. The City Attorney must be a duly licensed member of the State Bar of Nevada. 2. The City Attorney is the Chief Legal Officer of the City and shall: (a) Advise the City Council and all of the offices, departments and divisions of the City in all matters with respect to the affairs of the City; (b) Prosecute any violation of law occurring within the City of Mesquite for which Nevada Revised Statutes provide authority for Cities to prosecute. (b) Determine whether the City should initiate any judicial or administrative proceeding; and (c) Perform such other duties as may be designated by the City Council or prescribed by ordinance. 3. The City Attorney may employ legal counsel as necessary on either a contract or full-time basis as needed by the City. (Ch. 266, Stats. 1971 p. 414; A—Ch. 596, Stats. 1995 p. 2213; Ch. 266, Stats. 2013 p. 1212)

Sec. 3.065 City Attorney: Removal. The Mayor and City Council are eligible to vote to determine whether to remove the City Attorney. A minimum of four votes may remove the City Attorney for any reason, subject to the employment agreement with the City Attorney, if any. Such removal shall not be subject to the Mayor’s ability to veto, nor the Council’s right to override any veto.

Sec. 3.070 County Assessor to be ex officio City Assessor; duties. 1. The County Assessor of Clark County shall be ex officio City Assessor of the City. The County Assessor shall perform such duties for the City without additional compensation. 2. Upon request of the ex officio City Assessor, the City Council may appoint and set the salary of a Deputy City Assessor to perform such duties relative to city assessments as may be deemed necessary. (Ch. 266, Stats. 1971 p. 414)

Sec. 3.130 Collection and disposition of money. 1. All fines, forfeitures or other money except taxes collected or recovered by any employee of the City or other person pursuant to the provisions of this Charter or of any valid ordinance of the City must be paid by the employee or person collecting or receiving them to the Finance Director, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the City Council. 2. The City Council, City Manager or City Attorney may by proper legal action collect all money, including taxes, which are due and unpaid to the City or any office thereof, and the City Council may pay from the General Fund all fees and expenses necessarily incurred by it in connection with the collection of such money. (Ch. 266, Stats. 1971 p. 414; A—Ch. 596, Stats. 1995 p. 2213; Ch. 266, Stats. 2013 p. 1213)

Sec. 3.140 Interference by City Council. 1. Except for the purpose of inquiry, the Council and its members shall deal with employees solely through the City Manager or City Attorney, as applicable, or their designees. Neither the Council nor any member thereof may give orders to any subordinate of the City Manager or City Attorney, either publicly or privately. (Ch. 266, Stats. 1971 p. 414; A—Ch. 266, Stats. 2013 p. 1213)

ARTICLE IV - Judicial Department Sec. 4.010 Municipal Court. 1. There is a Municipal Court of the City which consists of at least one department. Each department must be presided over by a Municipal Judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this Charter, governed by, the provisions of NRS Chapter 5.

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2. The City Council may from time to time establish additional departments of the Municipal Court and shall appoint an additional Municipal Judge for each. 3. The respective departments of the Municipal Court must be numbered 1 through the appropriate Arabic number, as additional departments are approved by the City Council. A Municipal Judge must be appointed for each department by number. 4. The Senior Municipal Judge is selected by a majority of the sitting judges for a term of 2 years. If no Municipal Judge receives a majority of the votes, the Senior Municipal Judge is the Municipal Judge who has continuously served as a Municipal Judge for the longest period. (Added—Ch. 231, Stats. 1991 p. 513; A—Ch. 596, Stats. 1995, p. 2213; Ch. 209, Stats. 2001 p. 970; Ch. 218, Stats. 2011 p. 955)

Sec. 4.015 Appointment of Municipal Judges; term of office; removal 1. When one department exists, the Mayor shall appoint or re-appoint, as the case may be, with the advice and consent of the City Council, all Judges of the Municipal Court. 2. When more than one department exists, Municipal Judges shall be elected. 3. When only one department exists, the term of the Municipal Court Judge shall run concurrent with the term of the Justice of the Peace for Mesquite Township, Clark County. 4. When more than one department exists, the terms of the Municipal Court Judges shall be staggered, with judges serving terms of six years. Unless otherwise provided by Nevada Revised Statutes, there shall be no limit on the number of terms a judge may serve as municipal court judge. 5. If only one department exists, the Mayor and City Council are eligible to vote to determine whether to remove the Municipal Judge. A minimum of four votes may remove the Municipal Judge for any reason, subject to the employment agreement with the Municipal Judge, if any. Such removal shall not be subject to the Mayor’s ability to veto, nor the Council’s right to override any veto. Sec. 4.020 Municipal Court: Qualifications of Municipal Judge; salary. 1. Each Municipal Judge must have been a resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for seeking appointment for the office. 2. Upon the creation of a second department, each Municipal Judge shall devote his or her full time to the duties of his or her office and must be a duly licensed member, in good standing, of the State Bar of Nevada. 3. When only one department of the Municipal Court exists, the Court shall serve on an as-needed basis, unless an ordinance to the contrary is passed by the City Council. 4. When only one department of the Municipal Court exists, there shall be no requirement that the Municipal Judge be a licenses member of the Nevada State Bar, or have any prior legal training. 5. The salary of each Municipal Judge must be fixed by the City Council and be uniform for all departments of the Municipal Court. The salary may be increased during the terms for which the Judges are elected or appointed. (Ch. 266, Stats. 1971 p. 415; A—Ch. 98, Stats. 1977 p. 207; Ch. 208, Stats. 1985 p. 674; Ch. 231, Stats. 1991 p. 513; Ch. 23, Stats. 1993 p. 46; Ch. 209, Stats. 2001 p. 971; Ch. 266, Stats. 2013 p. 1214)

Sec. 4.030 Disposition of fines. All fines and forfeitures for the violation of ordinances must be paid to the Finance Director. (Ch. 266, Stats. 1971 p. 415; A—Ch. 596, Stats. 1995 p. 2214; Ch. 266, Stats. 2013 p. 1214)

ARTICLE V - Elections Sec. 5.010 Election by seat; participation in primary and general municipal election.

1. Election by Seat: (a) Candidates for City Council shall be elected at-large and by seat. Each council seat will be

consecutively numbered beginning with 1 and ending with 5. Seat number is informational only. Sequence of seats does not grant nor denote any special authority or ability.

(b) Upon passage and approval of this charter, incumbent Council Members shall draw a number by lot to determine council seats. The numbers drawn shall become the number of the council seat until such time as this section is amended.

(c) The term of office for each seat shall be consistent with the term of the incumbent who is assigned the position.

(d) Candidates for City Council shall file by seat. (e) The position of Mayor shall be elected at-large and identified as such. 2. Participation in primary and general municipal election

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(a) If only two candidates file for a seat, their names shall not be listed on the Primary Municipal Election ballot, but shall advance directly to the General Municipal Election.

(b) If three or more candidates file for a seat, then their names shall be listed on the Primary Municipal Election ballot for that seat and shall be subject to Sec. 5.020. Sec. 5.020 Primary municipal election.

1. City primary elections shall be held on the second Tuesday in June before the general election in each even numbered year pursuant to Nevada Revised Statutes section 293.175, as amended from time to time.

2. Primary Election Results (a) If, in a primary city election, a candidate receives votes equal to or greater than a majority of the voters

participating in the primary election for that seat, the candidate shall be declared elected to the office and the candidate’s name must not be placed on the ballot for the general city election with an opponent listed. (b). If, in a primary city election, a candidate does not receive votes equal to or greater than a majority of the voters participating in the primary election for that seat, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.

3. Definitions: The following definitions shall be applied to this section. (a). Majority of Voters: One-half the total voters for that seat, rounded up, plus one.

Sec. 5.025 General municipal election.

1. City general elections shall be held on the first Tuesday after the first Monday of November in each even numbered year pursuant to Nevada Revised Statutes section 293.12755, as amended from time to time

Sec. 5.030 Applicability of state election laws; elections under City Council control. 1. All elections held under this Charter are governed by the provisions of the election laws of this State, so far as those laws can be made applicable and are not inconsistent herewith. 2. The conduct of all municipal elections is under the control of the City Council.

(a)The City Council shall by ordinance provide for the holding of the election, appoint the necessary officers thereof and do all the things required to carry the election into effect as it considers desirable and consistent with law and this Charter.

(b) Notwithstanding any other section of this Charter, the City Council reserves the right to enter into an interlocal agreement with another public entity to conduct local elections. (Ch. 266, Stats. 1971 p. 416; A—Ch. 596, Stats. 1995 p. 2215)

Sec. 5.040 Qualifications, registration of voters. 1. Every person who resides within the City and who is a legally registered voter of the City is entitled to vote in municipal elections, including but not limited to special, primary or general elections. 2. Nothing in this Charter shall be so construed as to deny or abridge the power of the City Council to provide for supplemental registration. (Ch. 266, Stats. 1971 p. 416)

Sec. 5.050 Names on ballots. 1. The full names of all candidates, except those who have withdrawn, died or become ineligible, must be printed on the official ballots without party designation or symbol. 2. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion and: (a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot; or (b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type. (Ch. 266, Stats. 1971 p. 416; A—Ch. 596, Stats. 1995 p. 2215; Ch. 312, Stats. 2003 p. 1729)

Sec. 5.060 Ballots for ordinances and Charter amendments. An ordinance or Charter amendment to be voted on in the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: “Shall the above described (ordinance) (amendment) be adopted?” The ballot or voting machine or device shall be so marked as to indicate clearly in what manner the voter may cast his or her vote, either for or against the ordinance or amendment. (Ch. 266, Stats. 1971 p. 417; A—Ch. 669, Stats. 1971 p. 2053)

Sec. 5.070 Availability of lists of registered voters. Any person who desires a copy of a list of registered voters in the City may obtain a copy pursuant to the provisions of NRS 293.440. (Ch. 266, Stats. 1971 p. 417; A—Ch. 596, Stats. 1995 p. 2215)

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Sec. 5.090 Voting machines. The City Council may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law or regulations of the Secretary of State. (Ch. 266, Stats. 1971 p. 417)

Sec. 5.100 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure. 1. The election returns from any special, primary or general municipal election must be filed with the City Clerk, who shall immediately place the returns in a safe or vault, and no person may handle, inspect or in any manner interfere with the returns until canvassed by the City Council. 2. The City Council shall meet at any time within 10 days after any election and canvass the returns and declare the result. The election returns must then be sealed and kept by the City Clerk for 6 months. No person may have access to the returns except on order of a court of competent jurisdiction or by order of the City Council. 3. The City Clerk, under his or her hand and official seal, shall issue to each person elected a certificate of election. Except as otherwise provided in section 1.070, the officers so elected shall qualify and enter upon the discharge of their respective duties at the first meeting of the City Council held in December of the year of the general municipal election. 4. If any election results in a tie, the City Council shall summon the candidates who received the tie vote and determine the tie by lot. The City Clerk shall then issue to the winner a certificate of election. (Ch. 266, Stats. 1971 p. 417; A—Ch. 149, Stats. 1973 p. 205; Ch. 504, Stats. 1985 p. 1551; Ch. 596, Stats. 1995 p. 2216; Ch. 266, Stats. 2013 p. 1216)

Sec. 5.110 Contest of election. A contested election for any municipal office shall be determined according to the law of the State regulating proceedings in contested elections in political subdivisions. (Ch. 266, Stats. 1971 p. 418)

ARTICLE VI - Local Improvements Sec. 6.010 Local improvement law. Except as otherwise provided in subsection 2 of section 2.280 and section 2.285, the City Council, on behalf of the City and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize: 1. Curb and gutter projects; 2. Drainage projects; 3. Off-street parking projects; 4. Overpass projects; 5. Park or recreation projects; 6. Sanitary sewer projects; 7. Security walls; 8. Sidewalk projects; 9. Storm sewer projects; 10. Street projects; 11. Telephone projects; 12. Transportation projects; 13. Underground and aboveground electric and communication facilities; 14. Underpass projects; 15. Water projects; 16. Such other utility projects as are deemed necessary by the Council; and 17. Any combination thereof. (Ch. 266, Stats. 1971 p. 418; A—Ch. 306, Stats. 1973 p. 380; Ch. 361, Stats. 1983 p. 874; Ch. 67, Stats. 1987 p. 133; Ch. 565, Stats. 1997 p. 2753; Ch. 416, Stats. 2001 p. 2099; Ch. 266, Stats. 2013 p. 1216)

Sec. 6.020 Local improvement law: Collateral powers. The City Council on behalf of the City for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS, as amended from time to time, but not subject to the procedural limitations contained therein. (Ch. 266, Stats. 1971 p. 418; A—Ch. 306, Stats. 1973 p. 380; Ch. 67, Stats. 1987 p. 134)

ARTICLE VII - Local Bonds and Franchises Sec. 7.010 Debt limit. 1. The City shall not incur an indebtedness in excess of 25 percent of the total assessed valuation of the taxable property within the boundaries of the City. 2. In determining any debt limitation under this section, there shall be counted as indebtedness: (a) Any liabilities of the City due in more than one year.

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(b) Any outstanding personnel-related liabilities. (c) Any special assessment bonds, if the full faith and credit of the City are pledged to their payment.

(d) Any other liabilities that are identified as part of the annual audit of the City and determined by the Finance Director to be appropriate to include in this calculation. 3. In determining any debt limitation under this section, there shall not be counted as indebtedness: (a) Any special assessment bonds, if the full faith and credit of the City are not pledged to their payment. (b) Any liabilities of the City due within one year and are accounted for within the current fiscal year city budget. (Ch. 266, Stats. 1971 p. 418)

Sec. 7.020 Acquisition, operation of municipal utilities. Except as otherwise provided in subsection 2 of section 2.280 and section 2.285, the City may, in the manner and for the purposes provided in this Charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it either alone or jointly, with any level of government or instrumentality or subdivision thereof. (Ch. 266, Stats. 1971 p. 419; A—Ch. 565, Stats. 1997 p. 2754; Ch. 416, Stats. 2001 p. 2100)

Sec. 7.040 Borrowing money. 1. Subject to the limitations imposed by this article, the City may borrow money for any corporate purpose, including without limitation any purpose authorized by this Charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued except for securities issued under section 6.020. 2. Any property tax levied to pay the principal of or interest on such indebtedness must be levied upon all taxable property within the City as provided in NRS 350.590 to 350.602, inclusive. 3. Any ordinance pertaining to the sale or issuance of bonds or other securities, including without limitation securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the City Council in any ordinance that it is of this kind is conclusive in the absence of fraud or gross abuse of discretion. (Ch. 266, Stats. 1971 p. 419; A—Ch. 482, Stats. 1981 p. 973)

ARTICLE VIIA - Trusts for Furtherance of Public Functions Sec. 7A.010 Trusts for furtherance of public functions: Authorization to create; purposes; eligible beneficiaries; power of beneficiary to lease trust property. 1. Express trusts may be created in real or personal property, or either or both, or in any estate or interest in either or both, with the City as the beneficiary thereof, and the purpose thereof may be the furtherance, or the providing of funds for the furtherance, of any authorized or proper function of the beneficiary; but no funds of the beneficiary derived from sources other than the trust property, or the operation thereof, shall be charged with or expended for the execution of the trust, except by express action of the legislative authority of the beneficiary first had. 2. The officers or any other governmental agencies or authorities having the custody, management or control of any property, real or personal or both, of the beneficiary of such trust, or of such a proposed trust, which property is necessary for the execution of the trust purposes, are hereby authorized and empowered to lease such property for such purposes, after the acceptance of the beneficial interest therein by the beneficiary as provided in this chapter, or conditioned upon such acceptance. (Added—Ch. 694, Stats. 1975 p. 1409)

Sec. 7A.020 Creation by written instrument; execution, recording of trust instrument; acceptance by beneficiary creates contract between State, grantor; duration of trust. 1. Such trusts may be created by written instruments, or by will. A written instrument shall be subscribed by the grantor or grantors and duly acknowledged as conveyances of real property are acknowledged. Before the same shall become effective the beneficial interest therein shall be accepted by the governing body of the beneficiary, which power and authority of acceptance is hereby conferred upon the City Council. Thereupon the instrument or will, together with the written acceptance of the beneficial interest endorsed thereon, shall be recorded in the Office of the County Recorder of each county in which is situated any real property, or any interest therein, belonging to the trust, as well as in the county where the trust property is located or its principal operations are conducted. 2. Upon the acceptance of the beneficial interest by the beneficiary as authorized in subsection 1, the same shall be and constitute a binding contract between the State of Nevada and the grantor or grantors, or the executor of the estate of the testator, for the acceptance of the beneficial interest in the trust property by the designated beneficiary and the application of the proceeds of the trust property and its operation for the purposes and in accordance with the stipulations specified by the trustor or trustors.

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3. Such trusts shall have duration for the term of duration of the beneficiary, or such shorter length of time as is specified in the instrument or will creating the trust. (Added—Ch. 694, Stats. 1975 p. 1410)

Sec. 7A.030 Trustees: Appointment; succession, powers; duties, terms, compensation controlled by trust instrument. 1. The instrument or will creating such trust may provide for the appointment, succession, powers, duties, term and compensation of the trustee or trustees; and in all such respects the terms of the instrument or will shall be controlling, except as otherwise provided in subsections 2 and 3. If the instrument or will makes no provision in regard to any of the foregoing, then the general laws of the State shall control as to such omission or omissions. 2. All meetings of the trustees shall be open to the public to the same extent as required by chapter 241 of NRS for state and local agencies. If the trustee is a partnership, corporation or banking association, this requirement applies to that part of every meeting of the partners or directors at which trust affairs are discussed. 3. All records of the trust are public records and shall be kept in a place which is identified by documents recorded in the Office of the County Recorder of each county in which the instrument creating the trust is recorded. (Added—Ch. 694, Stats. 1975 p. 1410)

Sec. 7A.040 Trustees: Eligibility and status; standard of care; exemption from personal liability. 1. The trustee or trustees under such an instrument or will may be two or more natural persons or a partnership, corporation, community foundation, national banking association or state banking association selected by City Council, and such trustee or trustees shall be an agency of the State and the regularly constituted authority of the beneficiary for the performance of the functions for which the trust has been created. 2. The provisions of NRS 164.700 to 164.775, inclusive, relating to the standard of care for a trustee in investing and managing trust property apply to the trustee or trustees of a trust created by a written instrument or will pursuant to this chapter. 3. No trustee or beneficiary shall be charged personally with any liability whatsoever by reason of any act or omission committed or suffered in the performance of such trust or in the operation of the trust property; but any act, liability for any omission or obligation of a trustee or trustees, in the execution of such trust, or in the operation of the trust property, shall extend to the whole of the trust estate, or so much thereof as may be necessary to discharge such liability or obligation, and not otherwise. (Added—Ch. 694, Stats. 1975 p. 1410)

Sec. 7A.050 Annual audit of trust funds, accounts, fiscal affairs: Requirements; distribution of copies; expenses. 1. The trustee or trustees of every trust created for the benefit and furtherance of any public function with the City as the beneficiary thereof shall cause an audit to be made of the funds, accounts and fiscal affairs of such trust, such audit to be ordered within 30 days of the close of each fiscal year of the trust. 2. The audits required by subsection 1 shall be certified with the unqualified opinion of a certified public accountant or a public accountant notwithstanding any lesser requirement by any instrument under which the trust may have covenanted for an audit to be made or furnished. One copy of the annual audit shall be filed with the Legislative Auditor of the Legislative Counsel Bureau and one copy with each beneficiary of the trust not later than 90 days following the close of each fiscal year of the trust. 3. If a copy of the required audit is not filed with the Legislative Auditor of the Legislative Counsel Bureau within the time provided, the Legislative Auditor is authorized to employ, at the cost and expense of the trust, a certified public accountant or a public accountant to make the required audit. 4. The necessary expense of such audits, including the cost of typing, printing and binding, shall be paid from funds of the trust. (Added—Ch. 694, Stats. 1975 p. 1411)

Sec. 7A.060 Franchise not required for acquisition, ownership or operation of trust property. No franchise is required for the acquisition, ownership or operation of any properties of a trust created for the benefit and furtherance of any public function. (Added—Ch. 694, Stats. 1975 p. 1411)

Sec. 7A.070 Approval of certain contracts and resolutions required. The trustees shall not enter into contracts for the acquisition or construction of buildings or public improvements or for the acquisition or disposal of trust properties by purchase, lease, gift, bequest or devise or any other lawful means until such contract is first approved by the City Council by ordinance. The City Council shall so approve the resolution providing for the issuance of bonds or other securities to be issued by the trustees and proposed terms of sale thereof but is not required to approve the award of such bonds to the purchaser thereof if such bonds are sold in compliance with the resolution of issuance and terms of sale. (Added—Ch. 694, Stats. 1975 p. 1411)

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Sec. 7A.080 Approval of financing method, underwriters by State Board of Finance. The State Board of Finance shall first review and approve the method of finance proposed by any trust created pursuant to the former provisions of NRS 242B.010 to 242B.100, inclusive, or the provisions of this article, and must approve the underwriter or financial institution preparing and offering the proposed issue for sale, as to the financial responsibility of such underwriter or financial institution, before such issue may be offered or sold. (Added—Ch. 694, Stats. 1975 p. 1411)

Sec. 7A.090 Exemption from securities laws. 1. The provisions of the State Securities Law, the Local Government Securities Law, the University Securities Law, or of any other general, special or local statute relating to the issuance of public securities or other debt obligations do not apply to a trust created for the benefit and furtherance of any public function. 2. All bonds issued by any trust created for the benefit and furtherance of any public function must: (a) Be sold at public or private sale, as determined by the trustees and approved by the City Council. If the bonds are offered at public sale, but no satisfactory bids are received from responsible bidders at the public sale, the bonds may be sold at private sale. (b) Be secured: (1) By property, real or personal or both, having a market value equal to at least twice the principal amount of the bonds sold; or (2) By gross revenues from an existing revenue producing facility equal to at least one and one-half times the average annual debt service payable on the bonds. (Added—Ch. 694, Stats. 1975 p. 1412; A—Ch. 596, Stats. 1995 p. 2216)

Sec. 7A.100 Competitive bidding not required. Except as otherwise provided in section 7A.090, no statute, general, special or local, requiring competitive bidding applies to a trust created for the benefit and furtherance of a public function. (Added—Ch. 694, Stats. 1975 p. 1412)

Sec. 7A.105 Rejection of contribution to the trust. The trustee reserves the right to reject any contribution to the Trust deemed not in the best interest of the Trust. Trustee shall provide notice of the rejection in writing. Sec. 7A.110 Termination of trust. Any trust created for the benefit and furtherance of a public function may be terminated by agreement of the trustee, or if there is more than one, then all of the trustees, and the governing body of the beneficiary, with the approval of the Governor of the State of Nevada; but such trust shall not be terminated while there exists outstanding any contractual obligations chargeable against the trust property, which, by reason of such termination, might become an obligation of the beneficiary of such trust. (Added—Ch. 694, Stats. 1975 p. 1412)

ARTICLE VIII - Revenue Sec. 8.010 Municipal taxes. 1. The City Council shall annually, at the time prescribed by law for levying taxes for State and County purposes, levy a tax at a rate allowable under applicable provisions of the Nevada Revised Statutes upon the assessed value of all real and personal property within the City except as provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of State and County taxes. The revenue laws of the State shall, in every respect not inconsistent with the provisions of this Charter, be applicable to the levying, assessing and collecting of the municipal taxes. 2. In the matter of equalization of assessments, the rights of the City and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the County Board of Equalization as are the State and County. 3. All forms and blanks used in levying, assessing and collecting the revenues of the State and counties shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the City. The City Council shall enact all such ordinances as it may deem necessary and not inconsistent with this Charter and the laws of the State for the prompt, convenient and economical collecting of the revenue. (Ch. 266, Stats. 1971 p. 420; A—Ch. 266, Stats. 2013 p. 1217)

Sec. 8.020 Revenue ordinances. The City Council may pass and enact all ordinances necessary to carry into effect the revenue laws in the City and to enlarge, fix and determine the powers and duties of all officers in relation thereto. (Ch. 266, Stats. 1971 p. 420)

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Sec. 9.010 Severability of provisions. If any portion of this Charter is held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Charter. The Legislature hereby declares that it would have passed the Charter and each portion thereof, irrespective of the portion which may be deemed unconstitutional or otherwise invalid. (Ch. 266, Stats. 1971 p. 422)

Sec. 9.020 Effect of enactment of Charter. 1. All rights and property of every kind and description which were vested in the City prior to the enactment of this Charter shall be vested in the same municipal corporation on the effective date of this Charter. No right or liability, either in favor of or against such corporation existing at the time of becoming incorporated under this Charter, and no action or prosecution shall be a ffected by such change, but it shall stand and progress as if no change had been made. 2. Whenever a different remedy is given by this Charter, which may properly be made applicable to any right existing at the time of such City so becoming incorporated under this Charter, such remedy shall be cumulative to the remedy before provided, and used accordingly. 3. All ordinances and resolutions in effect in the City prior to the effective date of this Charter shall, unless in conflict with the provisions of this Charter, continue in full force and effect until amended or repealed. 4. The enactment of this Charter shall not effect any change in the legal identity of the City. 5. The enactment of this Charter shall not be construed to repeal or in any way affect or modify: (a) Any special, local or temporary law. (b) Any law or ordinance making an appropriation. (c) Any ordinance affecting any bond issue or by which any bond issue may have been authorized. (d) The running of the statute of limitations in force at the time this Charter becomes effective. (e) Any bond of any public officer. (Ch. 266, Stats. 1971 p. 422)

TRUSTS FOR THE FURTHERANCE OF PUBLIC FUNCTIONS

Chapter 694, Statutes of Nevada 1975

AN ACT relating to trusts of the furtherance of public functions; repealing the provisions of chapter 242B of NRS for their creation; adding similar provisions to the charter of the City of Mesquite; preserving existing and certain potential rights and liabilities; and providing other matters properly relating thereto.

[Approved May 26, 1975]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

Sec. 6. 1. Any application for the establishment of a project by a trust which became effective prior to April 10, 1975, to be financed by the issuance of securities pursuant to the former provisions of chapter 242B of NRS which was received by the intended beneficiary on or before April 10, 1975, may be accepted at any time, the details of the project may be modified after acceptance of the application, and the beneficial interest may be accepted by the beneficiary as proposed or modified, to the same extent as if this act had not been passed. 2. Any securities necessary for the acquisition of any property appropriate for the furtherance of a public function by a trust which became effective prior to April 10, 1975, with respect to which the beneficiary has accepted the beneficial interest prior to the effective date of this act or pursuant to subsection 1 may be issued at any time thereafter and are valid and enforceable to the same extent as if this act had not been passed. Any other securities which are issued on or after the effective date of this act by any trust of which the City of Mesquite is a beneficiary shall be issued in compliance with the provisions of the city charter relating to such trusts. (Ch. 694, Stats. 1975 p. 1412; A—Ch. 13, Stats. 1979 p. 17)

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Subject:Public Comment

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Subject:Adjournment

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mesquite city council regular city council meeting...2 meeting agenda; the september 27, 2016...

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