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- 83rd Session (2025)
Senate Bill No. 72–Committee on Government Affairs
CHAPTER..........
AN ACT relating to the City of Henderson; revising provisions
governing the filling of a vacancy for certain municipal
elective offices; revising the procedure for enacting
ordinances; revising provisions governing the sale and
disposition of real property ; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
The existing Charter of the City of Henderson requires the City Council to fill a
vacancy in the City Council or in the office of Mayor or Municipal Judge for the
remainder of the unexpired term by: (1) appointment within 60 days after the
occurrence of the vacancy; or (2) a special election called by resolution of the City
Council to be held not later than 90 days after the vacancy occurs. (Henderson City
Charter § 1. 070) Section 1 of this bill requires the City Council to adopt such a
resolution within 60 days after the occurrence of the vacancy and to specify the
date of the special election in the resolution. Section 1 further provides that if the
City Council calls a special election to fill the vacancy, the special election must be
held not later than 90 days after the date on which the City Council adopts the
resolution, but no such special election may be held during the period starting on
the date immediately fo llowing a municipal primary election and ending 120 days
after the date of a municipal general election.
The existing Charter of the City of Henderson requires: (1) a proposed
ordinance to be read to the City Council by title, referred to a committee for
consideration and filed with the City Clerk for public distribution; (2) notice of the
filing to be published once in a qualified newspaper at least 10 days before the
adoption of the ordinance; (3) the committee to report the ordinance back to
the City Council at the next regular or special meeting of the City Council, after
which the proposed ordinance must be finally voted upon or action thereon
postponed; and (4) the City Council to adopt or reject the ordinance or any
amendment thereto within 30 days after the publication. (Henderson City Charter §
2.100) Section 2 of this bill authorizes instead of requires the City Council to refer
a proposed ordinance to a committee for consideration. If a proposed ordinance is
referred to a committee, section 2 requires the committee to consider the ordinance
and report its recommendations back to the City Council at a regular meeting or
special meeting of the City Council following the proposal and reference of the
ordinance. If a proposed ordinance is not referred to a committee, section 2 requires
the City Council to consider the ordinance in substantially the same form as
proposed. Finally, section 2 provides that regardless of whether a proposed
ordinance is referred to a committee, at a regular or special meeting of the City
Council, the title of the proposed ordinance must be read and the City Council must
vote to adopt, revise or postpone consideration of the proposed ordinance.
The existing Charter of the City of Henderson: (1) authorizes the City Council
to sell unimproved real property owned by the City on a time payment basis; and
(2) requires that when the City Council disposes of real proper ty to certain entities,
the consideration paid must equal the cost of the acquisition to the City. (Henderson
City Charter § 2.320) Section 3 of this bill authorizes the City Council to instead
sell any real property owned by the City on a time payment bas is. Section 3 also:
(1) removes the requirement that the consideration paid for the disposal of real
property to certain entities must equal the cost of the acquisition to the City; and (2)
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provides that such disposals of real property are subject to certain provisions of the
Nevada Revised Statutes governing municipal property to the extent such
provisions are applicable.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.070 of the Charter of the City of
Henderson, being chapter 266, Statutes of Nevada 1971, as last
amended by chapter 266, Statutes of Nevada 2013, at page 1206, is
hereby amended to read as follows:
Sec. 1.070 Elective offices: Vacancies.
1. [A] Subject to the limitations set forth in this section,
a vacancy in the City Council or in the office of Mayor or
Municipal Judge 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 60 days after the occurrence of the vacancy
appointing a person who has the same qualifications as are
required of the elective official; or
(b) A special election called by resolution of the City
Council. The City Council shall adopt the resolution within
60 days after the occurrence of the vacancy and specify the
date of the special election in the resolution. The resolution
must call for the special election to be held not later than 90
days after the [vacancy occurs. ] date on which the City
Council adopts the resolution, but no special election to fill
a vacancy pursuant to this paragraph may be held during
the period starting on the date immediately following a
municipal primary electi on and ending 120 days after the
date of a municipal general election. Every candidate at [the]
a special election held pursuant to this paragraph must have
the same qualifications as are required of the elective official.
2. If a special election is hel d pursuant to [paragraph (b)
of subsection 1:] this section:
(a) The City Council shall meet to canvass the election
returns and declare the result pursuant to section 5.100; and
(b) The person elected to fill the remainder of an
unexpired term shall ent er 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.
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3. A person appointed or elected to fill a vacancy
pursuant to this section serves until his or her successor has
been elected and qualified.
Sec. 2. Section 2.100 of the Charter of the City of Henderson,
being chapter 266, Statutes of Nevada 1971, as last amended by
chapter 266, Statutes of Nevada 2013, at page 1208, is hereby
amended to read as follows:
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 may be referred to a
committee 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,] 4, notice of the filing must be
published once in a newspaper qualified pursuant to the
provisions of cha pter 238 of NRS, and published in the City
at least 10 days before the adoption of the ordinance. The
City Council [shall] must adopt or reject the ordinance or an
amendment thereto, within [30] 60 days after the date of
publication.
2. [At the next] If a proposed ordinance is referred to a
committee, at a regular meeting or special meeting of the
City Council following the proposal of an ordinance and its
reference to committee, the committee shall consider the
ordinance and report [the ordinance ] its recommendations
back to the City Council. [Thereafter, it ] If a proposed
ordinance is not referred to a committee, the City Council
shall consider the ordinance in substantially the same form
as proposed.
3. Regardless of whether a proposed ordinanc e is
referred to a committee, at a regular meeting or special
meeting of the City Council, the title of the proposed
ordinance must be read [by title only, ] and [thereupon] the
[proposed ordinance must be finally voted upon or action
thereon postponed.
3.] City Council must vote to adopt, revise or postpone
consideration of the proposed ordinance.
4. 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 im mediately or at a
special meeting called for that purpose, and no notice of the
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filing of the copies of the proposed ordinance with the City
Clerk need be published.
[4.] 5. All ordinances must be signed by the Mayor,
attested by the City Clerk and publi shed 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.] 6. The City Clerk shall keep a record of all
ordinances together with the affidavits of publication.
Sec. 3. Section 2.320 of the Charter of the City of Henderson,
being chapter 266, Statutes of Nevada 1971, as last amended by
chapter 266, Statutes of Nevada 2013, at page 1209, is hereby
amended to read as follows:
Sec. 2.320 Sale, lease, exchange of real property owned
by the City: Procedure; disposition of proceeds.
1. Subject to the provisions of this section and any
applicable provisions of chapter 268 of NRS, the City may
sell, lease or exchange real property in Clark County, Nevada,
acquired by the City pursuant to federal law from the United
States of America.
2. The City may sell, lease or exchange real property
only by resolution. Following the adoption of a resolution to
sell, lease or exchange, the City Council s hall cause a notice
of its intention to sell, lease or exchange the real property to
be published once in a newspaper qualified pursuant to the
provisions of chapter 238 of NRS and published in the City.
The notice must be published at least 30 days before the date
set by the City Council for the sale, lease or exchange, and
must state:
(a) The date, time and place of the proposed sale, lease or
exchange.
(b) The place where and the time within which
applications and deposits may be made by prospective
purchasers or lessees.
(c) Such other information as the City Council desires.
3. It must be the policy of the City Council to sell, lease
and exchange real property in a manner that will result in the
maximum benefit accruing to the City from the sales, leases
and exchanges. The City Council may attach any condition to
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the sale, lease or exchange as appears to the City Council to
be in the best interests of the City.
4. The City Council may sell [unimproved] real property
owned by the City on a time pay ment basis. The down
payment must be in an amount determined by the City
Council, and the interest rate must be in an amount
determined by the City Council, but must not be less than 6
percent per annum on the declining balance.
5. [The] Subject to the p rovisions of this section and
any applicable provisions of chapter 268 of NRS, the City
Council may dispose of any real property belonging to the
City to the United States of America, the State of Nevada,
Clark County, any other political subdivision of the State, or
any quasi -public or nonprofit entity for a nominal
consideration whenev er the public interest requires such a
disposition. [In any such case, the consideration paid must
equal the cost of the acquisition to the City.]
6. The City Council may sell, lease or exchange real
property for less than its appraised value to any pers on who
maintains or intends to maintain a business within the
boundaries of the City which is eligible pursuant to NRS
374.357 for an abatement from the sales and use taxes
imposed pursuant to chapter 374 of NRS.
7. Proceeds from all sales and exchanges of real property
owned by the City, after deduction of the cost of the real
property, legal fees, reasonable costs of publication, title
insurance, escrow and normal costs of sale, must be placed in
the Land Fund previously created by the City in the City
Treasury and hereby continued. Except as otherwise provided
in subsection 8, money in the Land Fund may be expended
only for:
(a) Acquisition of assets of a long -term character which
are intended to continue to be held or used, such as land,
buildings, machinery, furniture, computer software and other
equipment.
(b) Capital improvements of improvements thereon.
(c) Expenses incurred in the preparation of a long -term
comprehensive master planning study and any expenses
incurred in the master planning of the City.
(d) All costs, including salaries, for administration of the
Land Fund, and the land within the City.
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(e) Expenses incurred in making major improvements and
repairs to the water, sewer and street systems as differentiated
from normal maintenance costs.
(f) Legal fees relating to the purchase, sale, lease or
maintenance of the real property.
Money received from leases of real property owned by the
City must be placed in the Land Fund if the term of lease is
20 years or longer, whether the 20 ye ars is for an initial term
of lease or for an initial term and an option for renewal.
8. If available, money in the Land Fund may be
borrowed by the City.
Sec. 4. This act becomes effective upon passage and approval.
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