PENDING ORDINANCE
ORDINANCE NO. 845
AN ORDINANCE AMENDING TITLE 3 (ZONING REGULATIONS), CHAPTER 4 (PLANNING COMMISSION), SECTION 1 (CREATED; APPOINTMENT; MEMBERS; COMPENSATION; TERM; REMOVAL; VACANCIES) TO BE CONSISTENT WITH NRS 278.040(1)
WHEREAS, the City of Elko desires to amend the City Code to amend the Code to reflect statutory requirements for membership on the planning commission;
WHEREAS, the City of Elko Section 1 was consistent with the NRS 278.040 when enacted in 1973; and
WHEREAS, the requirements for membership on planning commission was subsequently amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELKO, NEVADA
For amendment purposes, words which are in blue,bold and underlinedare additions to the Ordinance, and words which are lined through are deleted from the Ordinance.
Section 1:    Title 3, Chapter 4, Section 1 is hereby added to read as follows:
3-4-1: CREATED; APPOINTMENT; MEMBERS; COMPENSATION; TERM; REMOVAL; VACANCIES:
A. Created; Membership; Appointment: There is hereby created a Planning Commission in and for the City, to be known as the Elko Planning Commission. This commission shall consist of seven (7) members. The members of the commission shall be appointed by the Mayor, with the approval of the City Council. The members shall hold no other public office, except that one such member may be a member of the Zoning Board of Adjustment.The members must not be members of the governing body of the city or county. Members shall be eligible for reappointment.
B. Compensation: All members of the commission shall serve as such without compensation excepting reasonable traveling expenses made necessary in the fulfillment of their duties.
C. Terms: The terms of the members first appointed shall be three (3) years for two (2) members, two (2) years for two (2) members and one year for two (2) members. The Mayor shall designate the terms of the respective members first appointed at the time of appointment. Thereafter, the term of each member shall be four (4) years or until his successor takes office.
D. Removal: Members may be removed, after public hearing, by a majority vote of the City Council for inefficiency, neglect of duty or malfeasance of office.
E. Vacancies: Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term.
F. Absences fromFrom Meetings: Absence of an appointed member for four (4) consecutive regular meetings without the formal consent of the Planning Commission shall be deemed to constitute a retirement of that appointed member, and the vacancy thus created shall be filled thereafter by the Mayor by the appointment of a successor to fill the unexpired term of office.
Section 2:   All ordinances or parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict
Section 3:   If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid, unenforceable, or unconstitutional by a court of competent jurisdiction, the invalidity, unenforceability or provision shall not affect any remaining provisions of this ordinance.
Section 4:   Upon adoption, the City Clerk of the City of Elko is hereby directed to have this ordinance published by title only, together with the Councilman voting for or against its passage in a newspaper of general circulation within the time established by law, for at least one publication.
Section 5:   This Ordinance shall be effective upon the publication mentioned in Section 4    
PASSED AND ADOPTED this 22nd day of October, 2019 by the following vote of the Elko City Council.
AYES:        Mayor Reece Keener, Councilman Chip Stone, Councilman Robert Schmidtlein, Councilwoman Many Simons and Councilman Bill Hance   
NAYS:   None   
ABSENT:     None
ABSTAIN:     None
   APPROVED this _____ day of _________, 2019.   
CITY OF ELKO
                  BY:                  
                        REECE KEENER, Mayor
ATTEST:
               
KELLY WOOLDRIDGE, City Clerk