No city or town in this state may be organized into an
incorporated city unless there were more than 1,000 inhabitants residing
within the limits of the city or town as determined by the last federal
decennial census or the population certified by the governor pursuant to
NRS 360.285 , whichever is most recent, preceding the application for
incorporation.
[1:32:1919; A 1945, 48; 1943 NCL § 1213]—(NRS A 1987, 1699; 2001,
2702 )
If the
whole number of electors, residing within the limits of any incorporated
city who cast ballots at any general election, is less than 150, that
city is disincorporated from and after the 1st Monday in March next
succeeding that general election.
[3:32:1919; A 1945, 48; 1943 NCL § 1215]—(NRS A 1987, 1700)
The
disincorporations mentioned in NRS 265.010 to 265.100 ,
inclusive, shall operate without further act or enactment from any source
whatsoever.
[4:32:1919; 1919 RL p. 2661; NCL § 1216]
1. Whenever any city or town shall become disincorporated by the
force of NRS 265.010 to 265.100 , inclusive, the board of county commissioners
of the county wherein such city or town is situated shall:
(a) Immediately establish a special district identical in
boundaries and territory with the disincorporated city or town.
(b) Proceed to wind up the affairs of the late corporation.
(c) Dispose of its property.
(d) Make provision for the payment of all indebtedness thereof and
for the performance of its contracts and obligations.
(e) Levy such taxes from time to time against the property within
such special district as may be requisite therefor.
2. Such taxes shall be collected by the county treasurer like
other taxes and paid out under the orders of the board of county
commissioners, and any surplus shall be paid into the school fund for the
school district where the same is levied and all property remaining shall
revert to such school district, which is hereby empowered to enforce all
claims and to have the use of all property so vesting.
3. If there shall be any debt or outstanding bonds of any
disincorporated city or town the board of county commissioners shall
provide for the payment of the principal and interest of the same
substantially in the time, manner and form provided by law or ordinance
touching the same at the time of disincorporation, substituting the
district established in lieu of the city or town disincorporated.
[5:32:1919; 1919 RL p. 2661; NCL § 1217]
All books, documents, records, papers
and corporate seal of any disincorporated city or town shall be deposited
with the county clerk of the county wherein such city or town may be and
all court records shall be deposited with the nearest justice of the
peace of such county, who shall execute and complete all unfinished
business.
[6:32:1919; 1919 RL p. 2662; NCL § 1218]
All expenses arising out of
disincorporation under the force of NRS 265.010 to 265.100 ,
inclusive, shall be chargeable against the special district to be
established and shall be paid as other indebtedness of such district is
paid. Officials and officers whose offices are abolished shall have a
claim for 1 month’s salary or compensation dating from the date of
disincorporation.
[7:32:1919; 1919 RL p. 2662; NCL § 1219]
After March 10, 1919, all cities and towns disincorporated by the force
of NRS 265.010 to 265.100 , inclusive, shall lose all corporate
existence, and any of their pretended corporate acts and the acts of any
of their pretended corporate officers or agents shall be of no effect and
null and void.
[8:32:1919; 1919 RL p. 2662; NCL § 1220]
1. It is lawful for any governing board of any incorporated city
in this state to cause to be filed in the Office of the Secretary of
State and in the Office of the Attorney General its declaration that the
city is and remains incorporated according to law. If such declaration is
not substantially true the Attorney General shall immediately proceed
according to law to establish or disprove the right of the city to act as
an incorporated city.
2. The Attorney General shall consult the official records from
time to time and advise the Secretary of State, in writing, declaring the
date when any incorporated city becomes disincorporated by the force of
NRS 265.010 to 265.100 , inclusive, and the Secretary of State shall
keep such advices in writing on file and of record in his office.
3. This section does not provide any condition affecting the
taking effect of NRS 265.010 to 265.100
, inclusive, or in any manner postponing
the effect of those sections.
[9:32:1919; 1919 RL p. 2662; NCL § 1221]—(NRS A 1987, 1700)
NRS 265.010 to 265.100 ,
inclusive, are mandatory except where the contrary clearly appears.
[10:32:1919; 1919 RL p. 2662; NCL § 1222]
DISINCORPORATION BY PETITION OF VOTERS
The board of county
commissioners of each county shall have the power to disincorporate any
city or town which may have been incorporated under the laws of this
State or the Territory of Nevada upon the petition of a majority of the
legal voters residing within the corporate limits of such city or town;
but no corporation shall be dissolved by virtue of NRS 265.110 to 265.180 ,
inclusive:
1. Unless it shall appear to the satisfaction of the board of
county commissioners that notice has been given of the intended
application for such dissolution of the corporation, by advertisement in
a newspaper published in the city or town praying to be disincorporated,
and in case no such newspaper be published in the city or town, then by
written notice, posted in 3 of the most public places in such city or
town, for at least 30 days prior to such application.
2. Until all the liabilities of such city or town have been paid
or secured to the satisfaction of the board of county commissioners.
[1:30:1865; A 1866, 95; B § 3912; BH § 2079; C § 2229; RL § 967;
NCL § 1223]
No dissolution of any corporation under NRS
265.110 to 265.180 , inclusive, shall invalidate or affect any
right, penalty or forfeiture accruing to such corporation, or invalidate
or affect any contract entered into or imposed upon such corporation.
[2:30:1865; B § 3913; BH § 2080; C § 2230; RL § 968; NCL § 1224]
Whenever the board of county commissioners shall dissolve any
corporation, the board may appoint three competent persons to act as
trustees for the corporation so dissolved.
[3:30:1865; B § 3914; BH § 2081; C § 2231; RL § 969; NCL § 1225]
The trustees, before
entering upon the discharge of their duties, shall:
1. Take and subscribe an oath before some judge or justice of the
peace, that they will faithfully discharge the duties of their office.
2. Give bond, with sufficient sureties, to be approved by the
board of county commissioners, to the use of such disincorporated city or
town, conditioned for the faithful discharge of the duties of their
office.
[4:30:1865; B § 3915; BH § 2082; C § 2232; RL § 970; NCL § 1226]
The trustees shall:
1. Prosecute to final judgment and defend all suits instituted by
or against the corporation.
2. Collect all money due the same.
3. Liquidate all lawful demands against the same, and for that
purpose shall sell and convey any property belonging to such corporation,
or so much thereof as may be necessary.
4. Generally, do all acts required to bring to a speedy close all
of the affairs of the corporation.
5. Make a report of their proceedings to the board of county
commissioners at each session of the board.
[5:30:1865; B § 3916; BH § 2083; C § 2233; RL § 971; NCL § 1227]
1. The trustees shall pay over to the board of county
commissioners, and the commissioners shall pay the same to the county
treasurer, from time to time, such moneys as may come into their hands.
2. When they shall have closed the affairs of the corporation, the
trustees shall make a final settlement thereof to the board and deliver
up all the books, records, papers, deeds and all other effects belonging
to the dissolved corporation.
3. The trustees shall receive for their services such compensation
as the board shall deem reasonable.
[6:30:1865; B § 3917; BH § 2084; C § 2234; RL § 972; NCL § 1228]
If any city or town, disincorporated as provided in NRS 265.110
to 265.180 , inclusive, have annual revenue accruing
thereto, the same shall be paid to the board of county commissioners by
persons owing the same, and all moneys thus paid, as well as all moneys
paid to the trustees, shall be held and disposed of by the board for the
benefit of such city or town, and may be applied by the board to any
specific object upon the petition of a majority of the taxable
inhabitants of the city or town; provided always, that all of the just
and lawful debts, dues and demands against the corporation shall have
been first paid.
[7:30:1865; B § 3918; BH § 2085; C § 2235; RL § 973; NCL § 1229]
All moneys arising from the collection of taxes, fines, penalties and
forfeitures shall be appropriated by the board of county commissioners
toward the carrying out of those objects which, by NRS 265.110 to 265.180 ,
inclusive, are placed under its control and jurisdiction, and none others.
[8:30:1865; B § 3919; BH § 2086; C § 2236; RL § 974; NCL § 1230]
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