ORDINANCE NO. 754
BILL NO. 2023-08

Summary:    An ordinance amending Title 1, Chapter 8, Section 7 of the Ely City Code to increase candidacy filing fees from $25 to $50 for the mayor and councilman offices.

Title:

Proposed ordinance amending Title 1, Chapter 8, Section 7 of the Ely City Code to increase candidacy filing fees from $25 to $50 for the mayor and councilman offices.

Whereas,    NRS 268.001 establishes the City’s authority to regulate matters of local concern;

Whereas,    NRS 266.105 empowers the Ely City Council to pass ordinances necessary for the municipal government and the management of the affairs of the City, for the execution of all powers vested in the City, and for making effective the provisions of Chapter 266 of the Nevada Revised Statutes;

Whereas,   NRS 293C.185 authorizes the governing body of a city to establish a filing fee for application of candidacy in city elections;

Therefore,    Pursuant to the above and in the best interest of the citizens of Ely, the City Council of the City of Ely, State of Nevada, does hereby amend, adopt and otherwise ordain the following to Title 1 Chapter 8 Section 7 of the Ely City Code:

1-8-7: AFFIDAVIT OF CANDIDACY; FILING FEES:

   A.   Deadline For Filing: Candidates for the offices of mayor and councilmen to be voted for at the primary election shall file a declaration of candidacy with the city clerk not less than sixty (60) nor more than seventy (70) days before the day of primary election.

   B.   Filing Fee: The city clerk shall charge and collect from each candidate, and each candidate shall pay to the city clerk at the time of filing the declaration of candidacy, a filing fee.

      1.   Mayor: For the office of mayor the fee shall be fifty dollars ($50.00);

      2.   Councilman: For the office of councilman, the fee shall also be fifty dollars ($50.00).

All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city. (Prior Code § 7-11; amd. 2001 Code; amd. 2024)

Severability. If any section, paragraph, clause or provision of this ordinance shall be held to be invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this ordinance.

Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.

Effective Date. This ordinance shall become effective on February 8, 2024.

Proposing Party. The foregoing ordinance was proposed by City Clerk Jennifer Lee.

Notice. Notice of filing of such ordinance was duly given by publication as required by law. It was read in full at the regular meeting on January 1, 2024, and adopted by the following vote:

   VOTE:                AYES      ________4________

                     NAYES   ________0__________

                     ABSENT   ________1___________

Approved this 11 th day of January, 2024

_____________________________________________

NATHAN ROBERTSON, MAYOR

ATTEST:

_______________________________________

JENNIFER LEE, CITY CLERK

Approved as to form and content

______________________________________________

M. LEO CAHOON, ESQ., CITY ATTORNEY