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incorporated cities and towns.
An Act to create a Board of County Commissioners in the several
counties of this state, and to define their duties and powers.
Approved March 8, 1865, 257.
1942. SECTION 1. At the general election of the several commiscounties in this state, in A. D. eighteen hundred and seventy, elected and by the qualified electors of each county, a Board of County Com-terms of missioners, to consist of three members, shall be elected, to possess such qualifications and to have such powers as hereinafter provided ; prorided, that in any county where, at the last gen-Proviso, eral election, there were polled four thousand or more votes,
such board shall consist of five members. At the general election in A. D. eighteen hundred and seventy, and at such election held every two years thereafter, there shall be elected in such county one Commissioner to serve upon the Board of County Commissioners for the term of four years; and a term of four years shall be known, both in this Act and for the purpose of the election of County Commissioners, as the long term ; and the other Commissioner or Commissioners, as the case may be, necessary to fill the board, shall, at said election, be elected to serve upon the board for the term of two years; provided, that in any county or counties which are or shall be under the provisions of this Act entitled to a board consisting of five County Commissioners, two of the Commissioners shall be elected to
serve upon the board for the long term. In any county wherein increased in at the last or any future general election there were or shall be
polled for the first time four thousand or more votes, the board shall be increased to five members by appointment of the Governor, and such appointees shall hold their offices until the first Monday of January following the then next general election ; and at such next general election in such county or counties,
five County Commissioners shall be elected as provided in this Vacancies, section of this Act. Any vacancy or vacancies occurring in any how filled.
Board of County Commissioners shall be filled by appointment of the Governor, and such appointee or appointees shall hold his or their offices until the first Monday of January following the then next general election, except as provided otherwise in this Act. As amended, Stats. 1869, 92.
State ex rel. Copeland v. Woodbury, 17 Vev. 337. Qualifica 1943. Sec. 2. Said Commissioners shall be qualified
electors of their respective counties, and shall enter upon their otce.
duties on the first Monday of January succeeding their election, and shall hold their offices two or four years, as the case may be, as provided in this Act; and the term of office of two years or four years, as the case may be, shall expire at twelve o'clock P. M. of the day preceding the first Monday in January following a general election. No county or township officer shall be eligible to the office of Commissioner. On entering upon the discharge of the duties of his office, each Commissioner, whether elected or appointed under the provisions of this Act, shall take and subscribe to the oath of office as prescribed by law; prorided, that in case such Commissioner shall neglect or refuse, during the period of fifteen days from and after the first Monday of January succeeding his election, to take the oath of office as herein directed, his office shall be deemed vacant, and such vacancy shall be filled by appointment as provided in section one of this Act; and, provided further, that the term of office of a person appointed to the office of County Commissioner shall not by virtue of the appointment extend beyond the hour of twelve o'clock P. M. of the day preceding the first Monday of January next following a general election.- As amended, Stats. 1869, 92.
tions and terns of
when and where held.
1944. Sec. 3. The meetings of the Board of County Meetings, Commissioners shall be held at the county seats of their respective counties on the first Mondays of January, April, July, and October, of each year, and shall continue from time to time, until all the business before them is disposed of. The board shall also meet on the tenth day after each general election, to canvass election returns.
Brumfield v. Board of County Commissioners of Douglas county,
2 Vev. 65. 1945. Sec. 4. If, at any time after the final adjournment Special of a regular meeting, the business of the county shall require a
meetings. meeting of the board, a special meeting of the same may be ordered by a majority of the board. The order shall be entered on the records of the board, and the Clerk shall give at least five days notice of such special meeting to any member of the board not joining in the order; and shall give notice for one week, by publication in a newspaper, if one be published in the county ; if none, by notice posted on the court house door. The order shall specify the business to be performed, and no other shall be transacted at such special meeting.
Section 4 is amended by the Act of 1881, 37, but the amendatory
Act is limitel to counties polling fifteen hundred votes in 1882. 1946. Sec. 5. A majority of the board shall form a Quorum. quorum for the transaction of business, and all sessions of the board shall be public. They shall elect one of their number as Chairman of the board, and the County Clerk shall be Clerk Clerk. thereof. The Clerk shall keep a full and complete record of all the proceedings of the board, and all their proceedings shall be entered on the records. The record of each day's proceedings of said board shall be signed by the Chairman and the Clerk. In case the Chairman shall be absent at any meeting of the absence of board, all documents, records, or papers requiring the signature of the board, shall be signed by the members present.
State v. Central Pacific R. R. Co., 17 Nev. 259. 1947. Sec. 6. The Clerk shall receive a compensation for Compensa. his services of five dollars per day for each day actually employed; in no case to exceed one hundred dollars per annum in the aggregate, and no fee, or other compensation whatever, shall be allowed the Clerk for any service connected with the proceedings or business of the Bourd of County Commissioners.
1948. Sec. 7. The books, records, and accounts of the Records to be board shall be kept at the office of the Clerk of the board, and kept at ottice
tion of Clerk.
legally chargeable against the county, in the manner provided in this Act; and to lery, for the purposes prescribed by law, such amount of taxes on the assessed value of real and personal property in the county as may be authorized by law; provided, the salary of the District Judge need not be audited by the board, but the County Auditor shall, on the first day of each quarter year, draw his warrant on the County Treasurer in favor of the District Judge, for the amount due such Judge as salary for the quarter year preceding. Third-To examine and audit the accounts of all officers, having the care, management, collection, or disbursement of any money belonging to the county or appropriated by law, or otherwise, for its use und benefit. Fourth-To lay out, control, and manage public roads, turnpikes, ferries, and bridges within the county, in all cases where the law does not prohibit such jurisdiction, and to make such orders as may be necessary and requisite to carry its control and management into effect. Fifth-To take care of and provide for the indigent sick of the county, in such a manner only as is or may be provided by law. Sixth-To divide the county into townships and to change the divisions of the same, and to create new townships as the convenience of the county may require. Seventh-To establish, change, and abolish election precincts, and to appoint Inspectors and Judges of Elections. Eighth-To control and manage the property, real and personal, belonging to the county, and to receive, by donation, any property for the use and benefit of the county. Ninth-Lease or purchase any real or personal property, necessary for the use of the county ; prorided, no purchase of real property shall be made unless the value of the same be previously appraised and fixed by three disinterested persons, to be appointed for that purpose by the District Judge, who shall be sworn to make a true appraisement thereof, according to the best of their knowledge and ability. Tenth-To sell at public auction, at the court house of said county, after at least thirty days previous public notice (in the same manner as required by law for the sale of like property on execution), and cause to be conveyed any property belonging to the county, appropriating the proceeds of such sale to the use of the same. Eleventh--To cause to be erected and furnished, a court house, jail, and such other public buildings as may be necessary, and to keep the same in repair ; prorided, that the contract for building the court house, jail, and other buildings, be let out, after at least thirty days previous public notice, as provided in subdivision ten of this section—in each case of a readiness to receive proposals therefor—to the lowest bidder, who will give good and sufficient security for the completion of any contract which he may make respecting the same. But no bid shall be accepted which the board may deem too high. Twelfth-To control the prosecution or defense of all suits to which the county is a party; and to offer and allow rewards for the apprehension or conviction of defaulting or absconding county or township officers. Thirteenth-To do and perform all such other acts
and things as may be lawful and strictly necessary to the full discharge of the powers and jurisdiction conferred cu the board. -ds amended, Stats. 1871, 47.
Champion v. Sessions et al., 1 Vev. 178; Waitz v. Ormsby County,
1 Vev. 370); Humboldt County v.com, of Churchill County, 6
1930. Sec. 9. Every demand against the county, except Allowance on the salaries of the Auditor and District Judge or Judges, shall demauds. be acted on by the Board of County Commissioners, and allowed or rejected in order of presentation, and must, after having been approved by the Board of County Commissioners, before it can be paid, be presented to the County Auditor to be allowed, who shall satisfy hinıself whether the money is legally due and remains unpaid, and whether the payment thereof from the treasury is authorized by law, and out of what fund. If he allow it, he shall indorse upon it the word “s allowed,” with the name of the fund out of which it is payable, with the date of such allowance, and sign his name thereto, and draw his warrant on the county treasury for the amount allowed. No demand shall be approved, allowed, audited, or paid unless each several item, date, and value composing it beindorsed upon the same, by the order of the Board of County Commissioners, together with a reference to the law, order, contract, or authority, by title, date, and section, authorizing the same.
1951. Sec. 10. The County Auditor shall sign no warrant copy of order authorizing the payment of money by the Treasurer (except for of allowance. the salary of the Auditor and District Judge or Judges), until a cory of the order of the Board of County Commissioners, allowing the amount, and ordering the payment thereof, together with the account, have been submitted to him, and his allowance indorsed on such order, unless the said Auditor shall refuse Proceedings to audit and allow the same, in which latter case the order shall when auditor be presented to the Board of County Commissioners, with the allow. refusal of the Auditor indorsed, and his reasons for such refusal; and should the board order the issuance of such warrant, by a unanimous vote of all the members elected or appointed, the County Auditor shall immediately issue such warrants upon service upon him of a copy of such order of the board, certified to by the Clerk of the Board, that all the members elect yoted