1. This chapter may be cited as the Special District Control Law.
2. The Legislature hereby determines and declares that the
procedures contained in the Special District Control Law are necessary
for the coordinated and orderly creation of special district governments
and for the logical extension of special district services throughout the
State.
3. It is the purpose of the Special District Control Law to
prevent unnecessary proliferation and fragmentation of local government,
to encourage the extension of existing districts rather than the creation
of new districts and to avoid excessive diffusion of local tax sources.
(Added to NRS by 1967, 1681; A 1977, 518)
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1. The Special District Control Law applies to:
(a) Any special district whose formation is initiated by a board of
county commissioners; and
(b) Any petition for the formation of any proposed special district
filed with any board of county commissioners.
2. As used in this chapter “special district” means any water
district, sanitation district, water and sanitation district, municipal
power district, mosquito abatement district, public cemetery district,
swimming pool district, television maintenance district, weed control
district, general improvement district, or any other quasi-municipal
corporation organized under the local improvement and service district
laws of this state as enumerated in title 25 of NRS, but excludes:
(a) All local improvement districts created pursuant to chapter 309
of NRS; and
(b) All housing authorities.
(Added to NRS by 1967, 1681; A 1977, 518; 1997, 483)
1. Any prospective petitioner for the establishment of a special
district shall file a service plan with the board of county commissioners
of each county which has territory included within the boundaries of the
proposed district. The service plan shall:
(a) Consist of a financial survey and a preliminary engineering or
architectural survey showing how the proposed services are to be provided
and financed.
(b) Include a map of the proposed district boundaries, an estimate
of the population and assessed valuation of the proposed district.
(c) Describe the facilities to be constructed, the standards of
such construction, the services to be provided by the district, an
estimate of costs, including the cost of acquiring land, engineering
services, legal services, proposed indebtedness, including proposed
maximum interest rates and any discounts, any other proposed bonds and
any other securities to be issued, their type or character, annual
operation and maintenance expenses, and other major expenses related to
the formation and operation of the district.
(d) Outline the details of any arrangement or proposed agreement
with any city or town for the performance of any services between the
proposed special district and such city or town. The form of any such
contract to be used, if available, shall be attached to the service plan.
Ê If a board of county commissioners initiates the formation of a special
district, it shall prepare such a service plan as an appendix to its
initiating resolution.
2. Except where the formation of a district is initiated by a
board of county commissioners, each service plan filed shall be
accompanied by a processing fee set by the board of county commissioners
not to exceed $200 which shall be deposited in the county general fund.
Such processing fee shall be sufficient to cover the costs related to the
hearing prescribed by NRS 308.070 ,
including the costs of notice, publication and recording of testimony.
(Added to NRS by 1967, 1681; A 1977, 518)
1. If a proposed special district lies entirely within one county,
a resolution approving the service plan is required from the board of
county commissioners of that county.
2. If the boundaries of a proposed special district include
territory within two or more counties, a resolution approving the service
plan for such special district is required from the board of county
commissioners of each county which has territory included in the proposed
special district; but the boards of county commissioners of the
respective counties may in their discretion hold a joint hearing on the
proposed district in accordance with NRS 308.070 .
(Added to NRS by 1967, 1682; A 1977, 519)
The board of county commissioners
of each such county constitutes the approving authority under the Special
District Control Law and shall review any service plan filed for any
proposed special district. With reference to the review of any service
plan, each such board of county commissioners may:
1. Approve the service plan without condition or modification;
2. Disapprove the service plan for any of the reasons listed in
NRS 308.060 ; or
3. Conditionally approve the service plan subject to the
submission of additional information relating to or modifying the plan.
(Added to NRS by 1967, 1682; A 1977, 519)
1. Each such board of county commissioners may disapprove the
service plan of a proposed special district upon satisfactory evidence
that:
(a) There is insufficient existing and projected need for organized
service in the area to be serviced by the proposed district;
(b) The existing service in the area to be served by the proposed
district is adequate for present and projected needs;
(c) Adequate service is, or will be, available to the area through
municipal annexation by other existing municipal or quasi-municipal
corporations within a reasonable time and on a comparable basis;
(d) The proposed special district is incapable of providing
economic and sufficient service to the area within its proposed
boundaries;
(e) The area to be included in the proposed district does not have
or will not have the financial ability to discharge the proposed
indebtedness, other securities, or other obligations to be incurred on a
reasonable basis;
(f) The facility and service standards of the proposed district are
incompatible with the facility and service standards of adjacent
municipalities and special districts; or
(g) The proposed district is being formed for the primary purpose
of financing the cost of developing private property.
2. Each such board of county commissioners may conditionally
approve the service plan of a proposed district upon satisfactory
evidence that it does not contravene any of the criteria enumerated in
subsection 1. Final approval shall be contingent upon modification of the
service plan to include such changes or additional information as shall
be specifically stated in the findings of the board of county
commissioners.
3. The findings of the board of county commissioners shall be
based solely upon the service plan and evidence presented at the hearing
by the petitioners, the planning commission and any interested party.
(Added to NRS by 1967, 1682; A 1977, 520)
1. A service plan shall be filed with the board of county
commissioners of each county in which the district is located, wholly or
in part, prior to the formation of the proposed special district. Such
service plan shall be filed with the county clerk at least 10 days prior
to a regular meeting of the board of county commissioners. At the next
regular meeting of the board of county commissioners immediately
following the filing of a service plan with the county clerk, the board
of county commissioners shall set a date for a public hearing on the
service plan of the proposed district, which hearing date shall be within
30 days thereafter.
2. The board of county commissioners shall provide written notice
of the date, time and location of the hearing to:
(a) The petitioners;
(b) The county clerk of each other county in which the district is
to be located, if any; and
(c) The governing body of any existing city, town or special
district which has levied a general (ad valorem) property tax within the
next preceding tax year and has boundaries within the county in which the
district is located. Such governmental units are interested parties for
the purposes of the Special District Control Law.
3. The board of county commissioners shall publish legal notice of
the date, time, location and purpose of such hearing in a newspaper of
general circulation within the county once each week for a period of 3
successive weeks by three publications, the first of which shall be at
least 20 days prior to the hearing date. Such publications shall
constitute constructive notice to the residents and property owners
within the proposed district who are also interested parties at the
hearing.
4. If there is a county planning commission or a regional county
planning commission, the service plan submitted by the petitioners for
the formation of the proposed district shall be delivered by the county
clerk to each such planning commission. Each such county planning
commission or regional county planning commission shall study such
service plan and a representative thereof shall present its
recommendations consistent with the Special District Control Law to the
board of county commissioners at the hearing.
5. The hearing held by the board of county commissioners shall be
open to the public and a transcript of proceedings shall be made. All
interested parties as defined in this section shall be afforded an
opportunity to be heard under such rules of procedure as may be
established by the board of county commissioners. Any testimony or
evidence which in the discretion of the board of county commissioners is
relevant to the formation of the proposed district shall be considered.
6. Within 20 days after the completion of the hearing, the board
of county commissioners shall advise in writing all interested parties of
its action on the service plan. If the service plan is approved as
submitted, a resolution of approval shall be issued. If the service plan
is disapproved, the specific detailed reasons for such disapproval shall
be set forth in writing. If the service plan is conditionally approved,
the changes or modifications to be made in, or additional information
relating to, the service plan together with the reasons for such changes,
modifications or additional information shall also be set forth in
writing, and the proceeding shall be continued until such changes,
modifications or additional information are incorporated in the service
plan. Upon the incorporation of such changes, modifications, or
additional information in the service plan of the proposed district, the
board of county commissioners shall issue a resolution of approval.
(Added to NRS by 1967, 1683; A 1977, 520)
1. Except as otherwise subsequently provided in this section, the
formation of a special district shall not be approved by any board of
county commissioners without the resolution of approval and the service
plan required by the Special District Control Law. The approved service
plan and the resolution of approval shall be incorporated by reference in
the ordinance organizing the district after there has been a compliance
with all other legal procedures for the formation of the proposed
district. If the board of county commissioners fails to approve the
service plan for any proposed special district and such failure is
determined by any district court in this state for any county in which
the district is located to be arbitrary, capricious or unreasonable, the
court may order the formation of such district by the board of county
commissioners of the county vested with jurisdiction as provided in NRS
318.050 without such resolution of approval; but an acceptable service
plan in accordance with the provisions of the Special District Control
Law, shall be filed with and approved by the court and incorporated by
reference in and appended to the order of the court providing for the
organization of the district after there has been a compliance with all
other legal procedures for the formation of the proposed district. If the
service plan is approved by the board of county commissioners, any
interested party as defined in subsection 2 of NRS 308.070 , if such party had appeared and presented his
objections before the board of county commissioners, is entitled to
appear and be heard at the hearing of the board of county commissioners
so vested with jurisdiction for the organization of the district, and the
district court may dismiss any pending legal proceedings contesting the
failure of any board of county commissioners to approve a service plan
upon a determination that the decision of the board of county
commissioners was not arbitrary, capricious or unreasonable.
2. Upon final approval by a board of county commissioners for the
formation of the special district, the facilities, services and financial
arrangements of the district shall conform to the approved service plan.
3. After the organization of a special district pursuant to the
provisions of chapter 318 of NRS, material modifications of the service plan as originally
approved may be made by the board of such special district only by
petition to and approval by the board of county commissioners of each
county in which the district is located in substantially the same manner
as is provided for the approval of an original service plan, except that
the processing fee for such modification procedure shall not exceed $100.
Such modifications are required only with regard to changes of a basic or
essential nature and are not required for changes of a mechanical type
necessary only for the execution of the original service plan.
4. Any unreasonable departure from the service plan as originally
approved, or, if the same has been modified, then from the service plan
as modified, may be enjoined at any time by a district court upon motion
of any board of county commissioners from which a resolution of approval
is required by the Special District Control Law, or upon the motion of
any interested party.
(Added to NRS by 1967, 1684; A 1977, 522)
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