1. The decision of a housing authority to terminate a person’s
housing assistance is a final decision for the purposes of judicial
review. A person aggrieved by such a final decision of the housing
authority is entitled to judicial review of the decision in the manner
provided in NRS 233B.130 to 233B.150
, inclusive, for the review of
decisions of administrative agencies in contested cases.
2. If a person who seeks judicial review of a final decision of a
housing authority pursuant to subsection 1 retains possession of the
premises during the pendency of the action, the person shall pay the rent
and comply with all other provisions set forth in the underlying contract
for possession of the premises. If the person fails to pay such rent or
comply with the other provisions of the contract, the landlord may
initiate proceedings for eviction. If the person is evicted, the housing
authority is not required to issue a new voucher for housing assistance
to the person unless and until the person prevails in the action for
judicial review.
3. As used in this section:
(a) “Housing assistance” means any financial assistance that a
person receives under the Housing Choice Voucher Program pursuant to
section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f,
and any regulations adopted pursuant thereto, or pursuant to any
successor program.
(b) “Housing authority” means a housing authority created pursuant
to this chapter and includes, without limitation, the Nevada Rural
Housing Authority.
(c) “Landlord” has the meaning ascribed to it in NRS 315.021 .
(d) “Premises” has the meaning ascribed to it in NRS 315.021 .
(Added to NRS by 2005, 944 )
Eviction of Tenants of Public housing for Convictions of Laws Regulating
Controlled Substances
The
Legislature hereby finds and declares that:
1. The policy of this State, to provide decent, safe and sanitary
housing for persons of low income, is being thwarted by the frequent
occurrence in public housing of activities concerning the unlawful
possession, distribution and use of controlled substances.
2. The provision of public housing has never been intended to help
subsidize criminal behavior.
3. These unlawful activities, conducted by an intimidating
minority of the residents of public housing, are causing our public
housing to become increasingly infested with violence, degeneracy and
squalor, which imperils the physical and mental health of the peaceful
residents therein.
4. Persons residing with the active participants in these unlawful
activities commonly share in the proceeds thereof or have the ability to
prevent or interfere significantly in the conduct of the activities.
5. It will promote the public health, safety and welfare of the
residents of this State to require housing authorities to evict from
public housing both the persons who actively participate in unlawful
activities relating to the possession, distribution or use of controlled
substances, and the persons who reside with them.
(Added to NRS by 1989, 1223)
As used in NRS 315.021 to 315.071 ,
inclusive, unless the context otherwise requires:
1. “Housing authority” means a housing authority created pursuant
to this chapter.
2. “Landlord” means a person who owns or manages any premises that
he rents or leases to a tenant pursuant to a contract with a housing
authority.
3. “Premises” means a particular apartment or other residential
unit of public housing occupied by a tenant, or a residential unit that
is occupied by a tenant pursuant to a federally assisted housing program
administered by a housing authority.
4. “Public housing” means the residential accommodations operated
by a housing authority or a landlord.
(Added to NRS by 1989, 1224)
A tenant in public housing, and every person who resides with
the tenant, is required to vacate public housing upon:
1. The conviction of the tenant, or any person residing with the
tenant, of a violation, while a resident of public housing, of any state
or federal law regulating the possession, distribution or use of a
controlled substance; or
2. The determination by a juvenile court that any minor residing
with the tenant has committed, while a resident of public housing:
(a) A second violation of any state or federal law regulating the
possession, distribution or use of a controlled substance; or
(b) A single violation of any state or federal law regulating the
possession, distribution or use of a controlled substance, if:
(1) There is a program of rehabilitation in the community
which is available to the minor; and
(2) The minor fails to enroll immediately in the program, or
enrolls in the program and fails or refuses to comply with any term,
condition or requirement thereof.
(Added to NRS by 1989, 1224)
1. Except as otherwise required by federal law or regulation, or
as a condition to the receipt of federal money, a housing authority or a
landlord shall, immediately upon learning of facts indicating that a
tenant is required pursuant to NRS 315.031 to vacate public housing, serve upon the
tenant a written notice which:
(a) States that the tenancy is terminated at noon of the fifth full
day following the day of service, and that the tenant must surrender the
premises at or before that time;
(b) Sets forth the facts upon which the tenant is required to
vacate the premises pursuant to NRS 315.031 ;
(c) Advises the tenant of his right to contest the matter by
filing, within 5 days, an affidavit with the justice of the peace denying
the occurrence of the conditions set forth in NRS 315.031 ; and
(d) Contains any other matter required by federal law or regulation
regarding the eviction of the tenant from those premises, or as a
condition to the receipt of federal money.
Ę If the tenant timely files the affidavit and provides the housing
authority or the landlord with a copy of the affidavit, stamped as filed
with the justice of the peace, the housing authority or the landlord
shall not refuse the tenant, or any person who resides with the tenant,
access to the premises.
2. Upon noncompliance with the notice:
(a) The housing authority or the landlord shall apply by affidavit
to the justice of the peace of the township where the premises are
located. If it appears to the justice of the peace that the conditions
set forth in NRS 315.031 have occurred
and that the tenant is required by that section to vacate the premises,
the justice of the peace shall issue an order directing the sheriff or
constable of the county to remove the tenant and any other person on the
premises within 24 hours after receipt of the order. The affidavit
required by this paragraph must contain:
(1) The date when, and the facts upon which, the tenant
became required to vacate the premises.
(2) The date when the written notice was given, a copy of
the notice and a statement that the notice was served as provided in NRS
315.051 .
(b) Except when the tenant has timely filed the affidavit described
in subsection 1 and provides the housing authority or the landlord with a
copy of the affidavit, stamped as filed with the justice of the peace,
the housing authority or the landlord may, in a peaceable manner, refuse
the tenant, and any person who resides with the tenant, access to the
premises.
3. Upon the filing by the tenant of the affidavit authorized by
subsection 1 and the filing by the housing authority or the landlord of
the affidavit required by subsection 2, the justice of the peace shall
hold a hearing, after service of notice of the hearing upon the parties,
to determine the truthfulness and sufficiency of any affidavit or notice
provided for in this section. If the justice of the peace determines that
the conditions set forth in NRS 315.031
have occurred and that the tenant is required by that section to vacate
the premises, the justice of the peace shall issue a summary order for
removal of the tenant and any other person on the premises, or an order
refusing the tenant, and any person who resides with the tenant,
admittance to the premises. If the justice of the peace determines that
the conditions set forth in NRS 315.031
have not occurred and that the tenant is not required by that section to
vacate the premises, the justice of the peace shall refuse to grant any
relief.
4. The provisions of NRS 40.215
to 40.425 , inclusive, do not apply to
any proceeding brought pursuant to the provisions of NRS 315.011 to 315.071 ,
inclusive.
(Added to NRS by 1989, 1224)
1. The notices required by NRS 315.041 must be served in any manner required by
federal law or regulation concerning the eviction of the tenant from
those premises, or as a condition to the receipt of federal money, or, in
the absence of such a requirement, the notice may be served:
(a) By delivering a copy to the tenant personally, in the presence
of a witness; or
(b) If the tenant cannot be found with reasonable diligence, by
leaving a copy with a person of suitable age and discretion at the
premises or the tenant’s usual place of business, mailing a copy to the
tenant at the premises or his usual place of business, and posting a copy
in a conspicuous place on the premises.
2. Before an order to remove a tenant is issued pursuant to NRS
315.041 , a housing authority or a
landlord must file with the court a proof of service of any notice
required by that section. This proof must consist of a statement, signed
by the tenant and a witness, acknowledging that the tenant received the
notice on a specified date, or:
(a) The endorsement of a sheriff, constable or other process server
stating the time and manner of service; and
(b) If service is accomplished in a manner which requires that a
copy of the notice be mailed to the tenant, a certificate of mailing
issued by the United States Postal Service.
(Added to NRS by 1989, 1226)
1. The issuance of a summary order for removal of a tenant of
public housing does not preclude an action by the tenant, or any person
who resides with the tenant, for any damages or other relief to which he
is entitled.
2. Either party may, within 10 days, appeal the decision of the
justice of the peace to the district court for that county. An appeal by
the tenant does not stay the order issued by the justice of the peace.
(Added to NRS by 1989, 1226)
If a
person required to vacate public housing pursuant to NRS 315.031 :
1. Committed the actual violation or violations for which he is
required to vacate public housing, a housing authority or a landlord,
except as otherwise required by federal law or regulation, or as a
condition to the receipt of federal money, shall not allow the person to
again reside in public housing.
2. Did not commit the actual violation or violations for which he
is required to vacate public housing, a housing authority or a landlord
may again allow him to reside in public housing after he has vacated
public housing for a reasonable period.
(Added to NRS by 1989, 1224)
HOUSING AUTHORITIES LAW OF 1947
NRS 315.140 to 315.780 ,
inclusive, may be referred to as the Housing Authorities Law of 1947.
[1:253:1947; 1943 NCL § 5470.01]—(NRS A 1975, 16; 1977, 1184; 2005,
219 )
Unless the context otherwise requires,
the definitions contained in NRS 315.160 to 315.300 ,
inclusive, govern the construction of NRS 315.140 to 315.780 ,
inclusive.
[Part 2:253:1947; A 1951, 8]—(NRS A 1975, 16; 1977, 1184; 2005, 219
)
1. In the case of an authority of a city or town, “area of
operation” shall include such city or town and the area within 5 miles of
the territorial boundaries thereof; but the area of operation of an
authority of any city or town shall not include any area which lies
within the territorial boundaries of some other city or town as herein
defined, unless a resolution shall have been adopted by the governing
body of such other city or town (and by any authority which shall have
been theretofore established and authorized to exercise its powers in
such city or town) declaring that there is a need for such authority to
exercise its powers within that city or town.
2. In the case of an authority of a county, “area of operation”
shall include all of the county for which it is created; but a county
authority shall not undertake any housing project or projects within the
boundaries of any city or town, as herein defined, unless a resolution
shall have been adopted by the governing body of such city or town (and
by any authority which shall have been theretofore established and
authorized to exercise its powers in such city or town) declaring that
there is a need for the county authority to exercise its powers within
such city or town.
[Part 2:253:1947; A 1951, 8]—(NRS A 2005, 220 )
“Authority” means any of the
public corporations created or authorized to be created by NRS 315.140
to 315.780 , inclusive, and any housing authority
established and operating prior to July 1, 1975, under the provisions of
the Housing Authorities Law of 1943 or the Housing Law of 1951.
[Part 2:253:1947; A 1951, 8]—(NRS A 1975, 16; 1977, 1184)
“Bonds” means any bonds, notes,
interim certificates, debentures or other obligations issued by an
authority pursuant to NRS 315.140 to
315.780 , inclusive.
[Part 2:253:1947; A 1951, 8]—(NRS A 1975, 16; 1977, 1184)
“City” means any incorporated city.
[Part 2:253:1947; A 1951, 8]
“Clerk” means the clerk of the city
or town or the clerk of the county, as the case may be, or the officer
charged with the duties customarily imposed on such clerk.
[Part 2:253:1947; A 1951, 8]
“Federal Government”
includes the United States of America or any agency or instrumentality of
the United States of America.
[Part 2:253:1947; A 1951, 8]
“Governing body” means city
council, board of trustees, board of county commissioners, or other
legislative body of the city, town or county.
[Part 2:253:1947; A 1951, 8]
“Housing
Authorities Law of 1943” means former NRS 315.010 to 315.130 , inclusive (chapter 20, Statutes of Nevada 1943, as
amended).
(Added to NRS by 1975, 15)
“Housing Law of 1951”
means former NRS 315.800 to 315.950 , inclusive (chapter 286, Statutes of Nevada 1951).
(Added to NRS by 1975, 16)
1. “Housing project” means any work or undertaking:
(a) To demolish, clear or remove buildings from any area acquired
by the authority; or
(b) To provide decent, safe and sanitary urban or rural dwellings,
apartments or other living accommodations for persons of low income. Such
work or undertaking may include buildings, land, equipment, facilities
and other real or personal property for necessary, convenient or
desirable appurtenances, streets, sewers, water service, utilities,
parks, site preparation, landscaping, administrative, health,
recreational, welfare or other purposes; or
(c) To accomplish a combination of the foregoing.
2. “Housing project” also may be applied to the planning of the
buildings and improvements, the acquisition of property, the demolition
of existing structures, the construction, reconstruction, alteration and
repair of the improvements and all other work in connection therewith.
3. The term includes the acquisition or development of mobile home
parks and facilities, the leasing or rental of mobile home lots in the
park or the purchase, leasing or rental of mobile homes.
[Part 2:253:1947; A 1951, 8]—(NRS A 1979, 990)
“Mayor” means the mayor of the city
or the officer thereof charged with the duties customarily imposed on the
mayor or executive head of the city.
[Part 2:253:1947; A 1951, 8]
“Obligee of the authority” or “obligee” shall include any bondholder,
agents or trustees for any bondholders, or lessor demising to the
authority property used in connection with a housing project, or any
assignee or assignees of such lessor’s interest or any part thereof, and
the Federal Government when it is a party to any contract with the
authority.
[Part 2:253:1947; A 1951, 8]
“Persons of low
income” means persons or families who lack the amount of income which is
necessary (as determined by the housing authority) to enable them,
without financial assistance, to live in decent, safe and sanitary
dwellings, without overcrowding.
[Part 2:253:1947; A 1951, 8]
“Real property” includes all
lands, improvements and fixtures thereon, and every estate, interest and
right therein.
[Part 2:253:1947; A 1951, 8]
“State public body”
means any city, town, county, municipal corporation, commission,
district, authority, other subdivision or public body of the State.
[Part 2:253:1947; A 1951, 8]
“Town” means any town for which the
board of county commissioners acts as a town board.
[Part 2:253:1947; A 1951, 8]
“Veteran” or
“serviceman” means a person who has served in the Armed Forces of the
United States at any time:
1. On or after April 6, 1917, and prior to November 11, 1918;
2. On or after September 16, 1940, and prior to July 26, 1947;
3. On or after June 27, 1950, and prior to January 31, 1955; and
4. On or after August 5, 1964, and prior to such date thereafter
as shall be determined by Presidential proclamation or concurrent
resolution of the Congress as the end of the Vietnam era,
Ę and, in the case of a veteran, has been discharged or released
therefrom under conditions other than dishonorable, or in the case of a
serviceman, is presently in the Armed Forces of the United States.
[Part 2:253:1947; A 1951, 8]—(NRS A 1975, 16)
1. All real property of an authority shall be exempt from levy and
sale by virtue of an execution, and no execution or other judicial
process shall issue against the same, nor shall any judgment against an
authority be a charge or lien upon its real property.
2. The provisions of this section shall not apply to or limit the
right of obligees to foreclose or otherwise enforce any mortgage or other
security of an authority or the right of obligees to pursue any remedies
for the enforcement of any pledge or lien given by an authority on its
rents, fees or revenues.
[18:253:1947; 1943 NCL § 5470.18]
1. In each city, town or county of the State there is hereby
created a public body corporate and politic to be known as the housing
authority of the city, town or county; but such authority shall not
transact any business or exercise its powers hereunder until or unless
the governing body of the city, town or county, as the case may be, by
proper resolution shall declare at any time thereafter that there is need
for an authority to function in such city, town or county.
2. Such housing authority is hereby created a public body
corporate for municipal purposes and shall be a municipal corporation.
[Part 3:253:1947; 1943 NCL § 5470.03]
The governing body shall
adopt a resolution declaring that there is need for an authority in the
city, town or county, as the case may be, if it shall find:
1. That dwelling accommodations are occupied in such city, town or
county, which are unsafe or insanitary; or
2. That there is a shortage of safe or sanitary dwelling
accommodations in such city, town or county available to veterans and
other persons of low income at rentals they can afford.
[Part 3:253:1947; 1943 NCL § 5470.03]
In determining, as provided in NRS 315.330 , whether dwelling accommodations are unsafe or
insanitary, a governing body may take into consideration:
1. The physical condition of the dwelling accommodations.
2. The degree of overcrowding.
3. The percentage of land coverage.
4. The light, air, space and access available to the occupants of
such dwelling accommodations.
5. The size and arrangement of the rooms.
6. The adequacy of sanitary facilities and water supply.
7. The extent to which conditions exist in such buildings which
endanger life or property by fire or other causes.
[Part 4:253:1947; 1943 NCL § 5470.04]
1. In any suit, action or proceeding involving the validity or
enforcement of or relating to any contract of the authority, an authority
shall be conclusively deemed to have become established and authorized to
transact business and exercise its powers hereunder upon proof of the
adoption of the resolution or resolutions herein prescribed declaring the
need for the authority.
2. Each such resolution or resolutions shall be deemed sufficient
if it declares that there is such need for an authority and finds in
substantially the terms provided in NRS 315.330 (no further detail being necessary) that the
conditions therein enumerated exist.
3. A copy of such resolution duly certified by the clerk shall be
admissible in evidence in any suit, action or proceeding.
[Part 4:253:1947; 1943 NCL § 5470.04]
Any housing authority created and existing prior to July 1,
1975, pursuant to the Housing Authorities Law of 1943 or the Housing Law
of 1951 continues in existence for the purposes of and has all of the
powers granted by NRS 315.140 to
315.780 , inclusive.
[Part 3:253:1947; 1943 NCL § 5470.03]—(NRS A 1975, 16; 1977, 1185)
1. Chapter 16, Statutes of Nevada 1975, shall not impair or affect
any act done, offense committed or right accruing, accrued or acquired,
or liability, penalty, forfeiture or punishment incurred prior to July 1,
1975, but the same may be enjoyed, asserted, enforced, prosecuted or
inflicted, as fully and to the same extent as if it had not been passed.
2. Chapter 16, Statutes of Nevada 1975, shall not affect the
corporate existence of any authority established or operating under the
Housing Authorities Law of 1943 or the Housing Law of 1951 prior to July
1, 1975.
3. The passage of chapter 16, Statutes of Nevada 1975, shall not
repeal or in any way affect or modify:
(a) Any law authorizing the issuance of any outstanding bonds and
other securities by any authority established or operating prior to July
1, 1975, under the Housing Authorities Law of 1943 or the Housing Law of
1951.
(b) Any other contract of any such authority.
(c) Any law pursuant to which there have been levied by or on
behalf of any such authority and there have not been paid in full,
including without limitation the principal and any interest and
penalties, any rents, fees and charges pertaining to the facilities or
services, or both facilities and services, provided by any such authority.
(d) The running of the statutes of limitations in force on July 1,
1975.
4. All incomplete proceedings had and taken by any such authority,
under any law repealed by chapter 16, Statutes of Nevada 1975,
preliminary to and in the acquisition or improvement of any housing
project or the issuance of any interim or temporary bond, or any
definitive bond, which proceedings are in substantial compliance with the
provisions of NRS 315.140 to 315.780
, inclusive, may, at the option of the
commissioners of the authority, be completed under the provisions of NRS
315.140 to 315.780 , inclusive, the same as if such incomplete
proceedings had been had and taken pursuant to such provisions.
5. The passage of chapter 16, Statutes of Nevada 1975, shall not
repeal or in any way affect or modify the power of the commissioners of
any authority established or operating under the Housing Authorities Law
of 1943 or the Housing Law of 1951 prior to July 1, 1975, concerning the
borrowing of money or the acceptance of any grant of public or private
money, which power was exercised prior to July 1, 1975.
6. All bonds, notes, contracts, agreements and obligations of
authorities relating to financing or undertaking (including cooperating
with or acting as agent of the Federal Government in) the development or
administration of any project to assure the availability of safe and
sanitary dwellings for persons engaged in national defense activities,
which bonds, notes, contracts, agreements and obligations were issued or
entered into prior to July 1, 1951, are validated and declared legal in
all respects, notwithstanding any defect or irregularity therein or any
want of statutory authority.
(Added to NRS by 1975, 21; A 1977, 1185)
1. Upon the adoption of a resolution declaring the need for an
authority, the chief executive of the city or the governing body of the
town or county, as the case may be, shall thereupon appoint five persons
to serve as commissioners of the authority. Three of the commissioners
who are first appointed pursuant to this section must be designated to
serve for terms of 1, 2 and 3 years, respectively, from the date of their
appointment, and two must be designated to serve for terms of 4 years
from the date of their appointment, but thereafter commissioners must be
appointed for a term of office of 4 years.
2. The first commissioner appointed after the authority has
provided assistance to at least five persons must be a current recipient
of assistance from the authority who was selected from a list of at least
five eligible nominees submitted for this purpose by an organization
which represents tenants of housing projects. If no such organization
exists, the commissioner must be selected from a list of nominees
submitted for this purpose from persons who currently receive assistance
from the authority. Thereafter, at least one commissioner must be such a
recipient who was nominated and appointed in the same manner. If during
his term the commissioner ceases to be a recipient of assistance, he must
be replaced in the manner set forth in this subsection by a person who is
a recipient of assistance.
3. Nothing in this section affects the terms of office of
commissioners appointed to an authority created before October 1, 1995.
The appointing authority shall appoint to the term next expiring a
commissioner who was nominated and appointed in the same manner as is set
forth in subsection 2. Thereafter, at least one commissioner must be such
a recipient who was nominated and appointed in the same manner. If during
his term the commissioner ceases to be a recipient of assistance, he must
be replaced in the manner set forth in subsection 2 by a person who is a
recipient of assistance.
4. All vacancies must be filled for the unexpired term.
[Part 3:253:1947; 1943 NCL § 5470.03]—(NRS A 1995, 2693)
An authority shall select a
chairman and a vice chairman from its commissioners.
[Part 3:253:1947; 1943 NCL § 5470.03]
1. A commissioner is entitled to necessary expenses, including
travel expenses, incurred in the discharge of his duties.
2. An authority may provide by resolution that each commissioner
is entitled to receive compensation of $80 for each meeting attended.
3. No commissioner may receive as compensation more than $240 in a
calendar month.
[Part 3:253:1947; 1943 NCL § 5470.03]—(NRS A 1975, 17; 1977, 392;
1981, 1979; 1985, 930)
1. A commissioner or employee of the authority shall not
voluntarily acquire any interest, direct or indirect, except as a
residential tenant, in any housing project or in any property included or
planned to be included in any housing project, or in any contract or
proposed contract in connection with any housing project. Where the
acquisition is not voluntary, the commissioner or employee shall
immediately disclose the interest in writing to the authority and the
disclosure must be entered upon the minutes of the authority. Upon
disclosure the commissioner or employee shall not participate in any
action by the authority involving the housing project, property or
contract. If any commissioner or employee of the authority previously
owned or controlled an interest, direct or indirect, in any housing
project or in any property included or planned to be included in any
housing project, or in any contract or proposed contract in connection
with any housing project, he shall immediately disclose the interest in
writing to the authority and the disclosure must be entered upon the
minutes of the authority. Upon disclosure the commissioner or employee
shall not participate in any action by the authority involving the
housing project, property or contract.
2. Any violation of this section constitutes misconduct in office.
3. This section is not applicable to the acquisition of any
interest in notes or bonds of the authority issued in connection with any
housing project or the execution of agreements by financial institutions
for the deposit or handling of money in connection with a housing project
or to act as trustee under any trust indenture.
[5:253:1947; A 1951, 10]—(NRS A 1975, 933; 1977, 1112; 1995, 2694;
1999, 1468 )
1. For inefficiency or neglect of duty or misconduct in office, a
commissioner of an authority may be removed by the mayor, or in the case
of an authority for a town or county, by its governing body.
2. A commissioner shall be removed only after a hearing and after
he shall have been given a copy of the charges at least 10 days prior to
such hearing and had an opportunity to be heard in person or by counsel.
3. In the event of the removal of any commissioner, a record of
the proceedings, together with the charges and findings thereon, shall be
filed in the office of the clerk.
[6:253:1947; 1943 NCL § 5470.06]
An authority shall constitute a public body corporate and politic,
exercising public and essential governmental functions, and having all
the powers necessary or convenient to carry out and effectuate the
purposes and provisions of NRS 315.140
to 315.780 , inclusive, (but not the
power to levy and collect taxes or special assessments).
[Part 7:253:1947; A 1951, 11]—(NRS A 1975, 17; 1977, 1186)
An authority may:
1. Sue and be sued.
2. Have a seal and alter the same at pleasure.
3. Have perpetual succession.
4. Make and execute contracts and other instruments necessary or
convenient to the exercise of its powers.
5. Make, and from time to time amend and repeal bylaws, rules and
regulations to carry into effect the powers and purposes of the authority.
[Part 7:253:1947; A 1951, 11]
Except as otherwise
provided in NRS 315.9835 , a housing
authority shall not operate in any area in which an authority already
established is operating without the consent by resolution of the
authority already operating therein.
(Added to NRS by 2005, 212 )
Within its area
of operation, an authority may:
1. Prepare, carry out and operate housing projects and provide for
the construction, reconstruction, improvement, extension, alteration, or
repair of any such project or any part thereof.
2. Determine where there is unsafe, insanitary or overcrowded
housing.
3. Make studies and recommendations relating to the problem of
eliminating unsafe, insanitary or overcrowded housing.
4. Cooperate with the city, the county, the State, or any
political subdivision thereof in action taken in connection with such
problems.
[Part 7:253:1947; A 1951, 11]
An authority may:
1. Arrange or contract for the furnishing by any person or agency,
public or private, of services, privileges, works or facilities for, or
in connection with, its housing projects.
2. Notwithstanding anything to the contrary contained in NRS
315.140 to 315.780 , inclusive, or any other provisions of law,
agree to any conditions attached to federal financial assistance relating
to the determination of prevailing salaries or wages or payment of not
less than prevailing salaries or wages or compliance with labor
standards, in the development or administration of projects.
3. Include in any contract let in connection with a housing
project, stipulations requiring that the contractor and any
subcontractors comply with requirements as to minimum salaries or wages
and maximum hours of labor, and comply with any conditions attached to
the financial aid of such project.
[Part 7:253:1947; A 1951, 11]—(NRS A 1975, 17; 1977, 1186)
An
authority may:
1. Lease or rent any dwellings, accommodations, buildings,
structures or facilities embraced in any housing project, and establish
and revise the rents or charges therefor.
2. Own, hold and improve real or personal property.
3. Purchase, lease, obtain options upon, acquire by gift, grant,
bequest, devise or otherwise any real or personal property or any
interest therein.
4. Acquire by the exercise of the power of eminent domain any real
property pursuant to the provisions of the laws of Nevada and rules of
court relative to the right of eminent domain, civil actions, new trials
and appeals, which laws and rules shall be applicable to and constitute
the rules of practice in condemnation proceedings by housing authorities.
5. Sell, lease, exchange, transfer, assign, pledge or dispose of
any real or personal property or any interest therein.
6. Insure or provide for the insurance of any real or personal
property or operations of the authority against any risks or hazards.
[Part 7:253:1947; A 1951, 11]
An authority may:
1. Invest any funds held in reserves or sinking funds, or any
funds not required for immediate disbursement, in:
(a) Obligations issued by the United States Postal Service or the
Federal National Mortgage Association, whether or not the payment of
principal and interest thereon is guaranteed by the Federal Government.
(b) Bonds or other obligations issued by a redevelopment agency
created pursuant to NRS 279.382 to
279.685 , inclusive, or a legislative
body that has elected to exercise the powers granted an agency pursuant
to NRS 279.382 to 279.685 , inclusive.
(c) Bonds or other securities issued pursuant to the provisions of
NRS 349.150 to 349.364 , inclusive, 350.500 to 350.720 , inclusive, or 396.809 to 396.885 , inclusive.
(d) Money market mutual funds that:
(1) Are registered with the Securities and Exchange
Commission;
(2) Are rated by a nationally recognized rating service as
“AAA” or its equivalent; and
(3) Invest only in securities issued or guaranteed as to
payment of principal and interest by the Federal Government, or its
agencies or instrumentalities, or in repurchase agreements that are fully
collateralized by such securities.
2. Redeem its bonds at the redemption price established therein or
purchase its bonds at less than such redemption price. All bonds so
redeemed or purchased must be cancelled.
[Part 7:253:1947; A 1951, 11]—(NRS A 1997, 2878; 1999, 621 )
420 to 315.470 ,
inclusive. An authority may exercise all or any part or combination of
powers granted in NRS 315.420 to
315.470 , inclusive.
[Part 7:253:1947; A 1951, 11]
No provision of law with respect to the
acquisition, operation or disposition of property by other public bodies
shall be applicable to an authority unless the Legislature shall
specifically so state.
[Part 7:253:1947; A 1951, 11]
It is declared to be the policy of this
state that each authority shall manage and operate its housing projects
in an efficient manner so as to enable it to fix the rentals or payments
for dwelling accommodations at low rates consistent with its providing
decent, safe and sanitary dwelling accommodations for persons of low
income, and that no authority shall construct or operate any housing
project for profit, or as a source of revenue to the city, town or the
county. To this end an authority shall fix the rentals or payments for
dwellings in its housing projects at no higher rates than it shall find
to be necessary in order to produce revenues which, together with all
other available moneys, revenues, income and receipts of the authority
from whatever sources derived, will be sufficient:
1. To pay, as the same become due, the principal and interest on
the bonds of the authority.
2. To create and maintain such reserves as may be required to
assure the payment of principal and interest as it becomes due on its
bonds.
3. To meet the cost of, and to provide for, maintaining and
operating the housing projects (including necessary reserves therefor and
the cost of any insurance) and the administrative expenses of the
authority.
4. To make such payments in lieu of taxes as it determines are
consistent with the maintenance of the low-rent character of the housing
projects.
[8:253:1947; 1943 NCL § 5470.08]
In the operation or
management of housing projects an authority shall at all times observe
the following duties with respect to rentals and tenant admissions:
1. It may rent or lease the dwelling accommodations therein only
to persons of low income and, as among low-income persons who are
eligible applicants for occupancy in dwellings of given sizes and at
specified rents, shall extend the following preferences in the selection
of tenants:
(a) First: To families who are to be displaced by any low-rent
housing project or by any public slum clearance or redevelopment project
initiated after January 1, 1947, or who were so displaced within 3 years
before making application on authority for admission to any low-rent
housing. Among such families first preference must be given to families
of disabled veterans whose disability has been determined by the
Department of Veterans Affairs to be service connected, second preference
must be given to families of deceased veterans and servicemen whose death
has been determined by the Department of Veterans Affairs to be service
connected, and third preference must be given to families of other
veterans and servicemen.
(b) Second: To families of other veterans and servicemen. Among
such families first preference must be given to families of disabled
veterans whose disability has been determined by the Department of
Veterans Affairs to be service connected, and second preference must be
given to families of deceased veterans and servicemen whose death has
been determined by the Department of Veterans Affairs to be service
connected.
2. It may rent or lease to a tenant dwelling accommodations
consisting of a number of rooms, but no greater number, which it deems
necessary to provide safe and sanitary accommodations to the proposed
occupants thereof, without overcrowding.
3. An authority shall not accept any person or persons as tenants
in any housing project if the person or persons who occupy the dwelling
accommodations have, at the time of admission, an aggregate annual net
income, less an exemption of $200 for each minor member of the family
other than the head of the family and his spouse, in excess of 7 times
the annual rental of the quarters to be furnished such person or persons;
but an authority may agree to conditions as to tenant eligibility or
preference required by the Federal Government pursuant to federal law in
any contract for financial assistance with the authority. In computing
the rental for this purpose of admitting tenants, there must be included
in the rental the average annual cost, as determined by the authority, to
occupants of heat, water, electricity, gas, cooking fuel and other
necessary services or facilities, whether or not the charge for such
services and facilities is included in the rental.
[Part 9:253:1947; A 1951, 12]—(NRS A 1967, 1268; 1995, 1086)
500
and 315.510 . Nothing contained in NRS 315.500 and 315.510
shall be construed as limiting the power of an authority to vest in an
obligee the right, in the event of a default by the authority, to take
possession thereof or cause the appointment of a receiver thereof, free
from all the restrictions imposed by such sections.
[Part 9:253:1947; A 1951, 12]
Any authority or
authorities may join or cooperate with another in the exercise, either
jointly or otherwise, of any of their powers for the purpose of
financing, including the issuance of bonds, notes or other obligations
and the giving of security therefor, planning, undertaking, owning,
constructing, operating or contracting with respect to a housing project
or projects located within the area within which one or more of such
authorities are authorized to exercise their powers. For such purpose any
cooperating authority may, by resolution, prescribe and authorize any
authority so joining and cooperating with it to act in its behalf in the
exercise of any of such powers, or the cooperating authorities may, by
resolution, appoint from among the commissioners of such authorities an
executive committee with full powers to act on behalf of such authorities
with respect to any of their powers as prescribed by resolution of such
authority.
[10:253:1947; 1943 NCL § 5470.10]
An authority shall agree
to make such payments in lieu of taxes to the city, town, county, and the
State, or any political subdivision, as it finds consistent with the
maintenance of the low-rent character of housing projects or the
achievement of the purposes of NRS 315.140 to 315.780 ,
inclusive.
[11:253:1947; 1943 NCL § 5470.11]—(NRS A 1975, 17; 1977, 1186)
1. For the purpose of aiding and cooperating in the planning,
undertaking, construction or operation of housing projects of housing
authorities located within the area in which it is authorized to act, any
state public body may, upon such terms, with or without consideration, as
it may determine:
(a) Dedicate, sell, convey or lease any of its interest in any
property, or grant easements, licenses, or any other rights or privileges
therein to a housing authority.
(b) Cause parks, playgrounds, recreational, community, educational,
water, sewer, or drainage facilities, or any other works which it is
otherwise empowered to undertake, to be furnished adjacent to or in
connection with such projects.
(c) Furnish, dedicate, close, pave, install, grade, regrade, plan
or replan streets, roads, roadways, alleys, sidewalks, or other places
which it is otherwise empowered to undertake.
(d) Cause services to be furnished to the housing authority of the
character which such state public body is otherwise empowered to furnish.
(e) Enter into agreements with respect to the exercise by such
state public body of its powers relating to the repair, improvement,
condemnation, closing or demolition of unsafe, insanitary or unfit
buildings.
(f) Employ (notwithstanding the provisions of any other law) any
funds belonging to or within the control of such state public body,
including funds derived from the sale or furnishing of property or
facilities to a housing authority, in the purchase of the bonds or other
obligations of a housing authority; and, as the holder of such bonds or
other obligation, exercise the rights connected therewith.
(g) Do any and all things, necessary or convenient, to aid and
cooperate in the planning, undertaking, construction or operation of such
housing projects.
(h) Incur the entire expense of any public improvements made by
such state public body in exercising the powers granted in NRS 315.140
to 315.780 , inclusive.
(i) Enter into agreements (which may extend over any period,
notwithstanding any provision or rule of law to the contrary) with a
housing authority respecting action to be taken by such state public body
pursuant to any of the powers granted by NRS 315.140 to 315.780 ,
inclusive. If at any time title to, or possession of, any project is held
by any public body or governmental agency authorized by law to engage in
the development or administration of low-rent housing or slum clearance
projects, including any agency or instrumentality of the United States of
America, the provisions of such agreements shall inure to the benefit of
and may be enforced by such public body or governmental agency.
2. Any sale, conveyance, lease or agreement provided for in this
section may be made by a state public body without appraisal, public
notice, advertisement or public bidding, notwithstanding any other laws
to the contrary.
[19:253:1947; A 1951, 13]—(NRS A 1975, 17; 1977, 1186)
1. In addition to the powers conferred upon an authority by other
provisions of NRS 315.140 to 315.780
, inclusive, an authority may:
(a) Borrow money or accept contributions, grants or other financial
assistance from the Federal Government for or in aid of any housing
project within its area of operation.
(b) Take over or lease or manage any housing project or undertaking
constructed or owned by the Federal Government, and to these ends, to
comply with such conditions and enter into such mortgages, trust
indentures, leases or agreements as may be necessary, convenient or
desirable.
2. In any contract with the Federal Government for annual
contributions to an authority, the authority may obligate itself (which
obligation shall be specifically enforceable and shall not constitute a
mortgage, notwithstanding any other laws) to convey to the Federal
Government possession of or title to the project to which such contract
relates, upon the occurrence of a substantial default (as defined in such
contract) with respect to the covenants or conditions to which the
authority is subject. Such contract may further provide that in case of
such conveyance, the Federal Government may complete, operate, manage,
lease, convey or otherwise deal with the project in accordance with the
terms of such contract; provided, that the contract requires that, as
soon as practicable after the Federal Government is satisfied that all
defaults with respect to the project have been cured and that the project
will thereafter be operated in accordance with the terms of the contract,
the Federal Government shall reconvey to the authority the project as
then constituted.
3. It is the purpose and intent of NRS 315.140 to 315.780 ,
inclusive, to authorize every authority to do any and all things
necessary or desirable to secure the financial aid or cooperation of the
Federal Government in the undertaking, construction, maintenance or
operation of any housing project by such authority.
[20:253:1947; A 1951, 14]—(NRS A 1975, 18; 1977, 1187)
Any city, town, county or
regional housing authority which has rural areas under its jurisdiction
may undertake the provision of housing for families of low income in such
rural areas, and may comply with any conditions not inconsistent with the
purposes of this housing authorities law required by the Federal
Government pursuant to federal law in any contract for financial
assistance with the authority concerning such undertakings.
[20a:253:1947; added 1951, 15]
1. In addition to other powers conferred upon an authority by NRS
315.140 to 315.780 , inclusive, an authority may acquire property
and construct housing projects thereon for the purpose of leasing
dwellings to servicemen, veterans and their families, and the families of
deceased persons who served in the armed forces, at rentals, excluding
utilities, of not to exceed $50 per month, during the existence of the
acute shortage of housing available to such persons as determined by
applicable law or as may be provided for in any contract for financial
assistance with the Federal Government.
2. In exercising the powers provided in this section an authority
shall not be subject to the limitations provided in NRS 315.500 or 315.510
during the period of acute housing shortage for veterans and servicemen,
and their families and the families of deceased persons who served in the
armed forces, of moderate income.
[21:253:1947; 1943 NCL § 5470.21]—(NRS A 1967, 1269; 1975, 19;
1977, 1188)
An authority, in addition to its other powers, is authorized to
cooperate with and lease from the Federal Government war housing projects
constructed by the Federal Government, for the purpose of providing
housing for veterans and servicemen and their families, and families of
deceased persons who served in the armed forces, and persons engaged in
war activities; provided, that such war housing projects shall not be
subject to the limitations provided in NRS 315.500 or 315.510 .
[22:253:1947; 1943 NCL § 5470.22]
An
authority shall have power:
1. To issue bonds from time to time, in its discretion, for any of
its corporate purposes.
2. To issue refunding bonds for the purpose of paying or retiring
bonds previously issued by it.
[Part 12:253:1947; 1943 NCL § 5470.12]
1. An authority may issue such types of bonds as it may determine,
including (without limiting the generality of the foregoing) bonds on
which the principal and interest are payable:
(a) Exclusively from the income and revenues of the housing project
financed with the proceeds of such bonds.
(b) Exclusively from the income and revenues of certain designated
housing projects whether or not they are financed in whole or in part
with the proceeds of such bonds.
(c) From its revenues generally.
2. Any of the bonds may be additionally secured by a pledge of any
grant or contributions from the Federal Government or other source, or a
pledge of any income or revenues of the authority, or a mortgage of any
housing project, projects or other property of the authority.
[Part 12:253:1947; 1943 NCL § 5470.12]
Neither the
commissioners of an authority nor any person executing the bonds is
liable personally on the bonds by reason of the issuance thereof. The
bonds and other obligations of an authority are not, and must state on
their face that they are not, a debt of the city, the county, the State
or any other political subdivision thereof, and neither the city, the
county, the State nor any other political subdivision thereof is liable
thereon, nor in any event are the bonds or obligations payable out of any
funds or properties other than those of the authority. The bonds do not
constitute an indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction.
[Part 12:253:1947; 1943 NCL § 5470.12]—(NRS A 1995, 811)
By
resolution, an authority may authorize bonds. The resolution, its trust
indenture or mortgage may provide for:
1. The issuance of bonds in one or more series.
2. The date the bonds must bear.
3. The date of maturity.
4. The interest rate or rates, which must not exceed by more than
3 percent the Index of Revenue Bonds which was most recently published
before the bids are received or a negotiated offer is accepted.
5. The denomination of the bonds.
6. The form of the bonds, either coupon or registered.
7. The conversion or registration privileges which the bonds must
carry.
8. The rank or priority of the bonds.
9. The manner of execution of the bonds.
10. The medium of payment in which the bonds are payable.
11. The place of payment.
12. The terms of redemption, with or without premium.
[Part 13:253:1947; 1943 NCL § 5470.13]—(NRS A 1971, 2108; 1975,
853; 1981, 1414; 1983, 583)
The bonds may be sold at public or private sale.
[Part 13:253:1947; 1943 NCL § 5470.13]—(NRS A 1967, 228)
If any of
the commissioners or officers of the authority whose signatures appear on
any bonds or coupons cease to be such commissioners or officers before
the delivery of such bonds, such signatures shall, nevertheless, be valid
and sufficient for all purposes, the same as if such commissioners or
officers had remained in office until such delivery. Any provision of any
law to the contrary notwithstanding, any bonds issued pursuant to NRS
315.140 to 315.780 , inclusive, are fully negotiable.
[Part 13:253:1947; 1943 NCL § 5470.13]—(NRS A 1975, 19; 1977, 1188)
In any suit,
action or proceeding involving the validity or enforceability of any bond
of an authority or the security therefor, any such bond reciting in
substance that it has been issued by the authority to aid in financing a
housing project, as defined in NRS 315.230 , is conclusively deemed to have been issued
for such purpose and such project is conclusively deemed to have been
planned, located, and carried out in accordance with the purposes and
provisions of NRS 315.140 to 315.780
, inclusive.
[Part 13:253:1947; 1943 NCL § 5470.13]—(NRS A 1975, 19; 1977, 1188)
In connection with the issuance of bonds or the incurring of
obligations under leases and in order to secure the payment of such bonds
or obligations, an authority, in addition to its other powers, has the
powers conferred by NRS 315.680 to
315.740 , inclusive.
[Part 14:253:1947; 1943 NCL § 5470.14]
An authority may:
1. Pledge all or any part of its gross or net rents, fees or
revenues to which its right then exists or may thereafter come into
existence.
2. Mortgage all or any part of its real or personal property, then
owned or thereafter acquired.
[Part 14:253:1947; 1943 NCL § 5470.14]
An authority may:
1. Covenant against pledging all or any part of its rents, fees
and revenues, or against mortgaging all or any part of its real or
personal property, to which its right or title then exists or may
thereafter come into existence, or against permitting or suffering any
lien on such revenues or property.
2. Covenant with respect to its right to sell, lease or otherwise
dispose of any housing project or any part thereof.
3. Covenant as to what other, or additional debts or obligations
may be incurred by it.
4. Covenant as to the bonds to be issued and as to the issuance of
such bonds in escrow and otherwise, and as to the use and disposition of
the proceeds thereof.
5. Provide for the replacement of lost, destroyed or mutilated
bonds.
6. Covenant against extending the time for the payment of its
bonds or interest thereon.
7. Covenant for the redemption of the bonds, and to provide the
terms and conditions thereof.
[Part 14:253:1947; 1943 NCL § 5470.14]
An authority may:
1. Covenant (subject to the limitations contained in NRS 315.140
to 315.780 , inclusive) as to the rents and fees to be
charged in the operation of a housing project or projects, the amount to
be raised each year or other period of time by rents, fees and other
revenues, and as to the use and disposition to be made thereof.
2. Create or authorize the creation of special funds for moneys to
be held for construction or operating costs, debt service, reserves or
other purposes, and covenant as to the use and disposition of the moneys
held in such funds.
[Part 14:253:1947; 1943 NCL § 5470.14]—(NRS A 1975, 20; 1977, 1188)
An
authority may prescribe the procedure, if any, by which the terms of any
contract with bondholders may be amended or abrogated, the amount of
bonds the holders of which must consent thereto, and the manner in which
such consent may be given.
[Part 14:253:1947; 1943 NCL § 5470.14]
An
authority may:
1. Covenant as to the use, maintenance and replacement of any or
all of its real or personal property, the insurance to be carried
thereon, and the use and disposition of insurance moneys.
2. Covenant as to the rights, liabilities, powers and duties
arising upon the breach by it of any covenant, condition or obligation.
3. Covenant and prescribe as to events of default and terms and
conditions upon which any or all of its bonds or obligations shall become
or may be declared due before maturity, and as to the terms and
conditions upon which such declaration and its consequences may be waived.
[Part 14:253:1947; 1943 NCL § 5470.14]
An authority may:
1. Vest in any obligees of the authority the right to enforce the
payment of the bonds or any covenants securing or relating to the bonds.
2. Vest in an obligee or obligees holding a specified amount in
bonds the right, in the event of a default by the authority, to take
possession of and use, operate and manage any housing project or any part
thereof or any funds connected therewith, and to collect the rents and
revenues arising therefrom, and to dispose of such moneys in accordance
with the agreement of the authority with such obligees.
3. Provide for the powers and duties of such obligees and limit
the liabilities thereof.
4. Provide the terms and conditions upon which such obligees may
enforce any covenant or rights securing or relating to the bonds.
[Part 14:253:1947; 1943 NCL § 5470.14]
An authority may
exercise all or any part or combination of the powers granted in NRS
315.680 to 315.730 , inclusive, and make covenants other than and
in addition to the covenants expressly authorized in such sections. An
authority may do any and all such acts and things as may be necessary or
convenient or desirable in order to secure its bonds, or, in the absolute
discretion of the authority, as will tend to make the bonds more
marketable, notwithstanding that such covenants, acts or things may not
be enumerated herein.
[Part 14:253:1947; 1943 NCL § 5470.14]
An authority may submit to the Attorney General of the State
any bonds to be issued pursuant to NRS 315.140 to 315.780 ,
inclusive, after all proceedings for the issuance of such bonds have been
taken. Upon the submission of such proceedings to the Attorney General,
the Attorney General shall examine into and pass upon the validity of
such bonds and the regularity of all proceedings in connection therewith.
If the proceedings conform to the provisions of NRS 315.140 to 315.780 ,
inclusive, and are otherwise regular in form, and if such bonds when
delivered and paid for will constitute binding and legal obligations of
the authority enforceable according to the terms thereof, the Attorney
General shall certify in substance upon the back of each of the bonds
that it is issued in accordance with the Constitution and laws of the
State of Nevada.
[24:253:1947; 1943 NCL § 5470.24]—(NRS A 1975, 20; 1977, 1189)
1. The State and all public officers, municipal corporations,
political subdivisions, and public bodies, all banks, bankers, trust
companies, savings banks and institutions, investment companies,
insurance companies, insurance associations and other persons carrying on
a banking or insurance business, and all executors, administrators,
guardians, trustees, and other fiduciaries may legally invest any sinking
funds, moneys or other funds belonging to them or within their control in
any bonds or other obligations issued by a housing authority created by
or pursuant to NRS 315.140 to 315.780
, inclusive, or issued by a public
housing authority or agency in the United States, when such bonds or
other obligations are secured by a pledge of annual contributions to be
paid by the United States Government or any agency thereof, and such
bonds and other obligations are authorized security for all public
deposits, and are fully negotiable in this state; it being the purpose of
the Housing Authorities Law of 1947 to authorize any of the foregoing to
use any funds owned or controlled by them, including (but not limited to)
sinking, insurance, investment, retirement, compensation, pension, and
trust funds, and funds held on deposit, for the purchase of any such
bonds or other obligations; but nothing contained in NRS 315.140 to 315.780 ,
inclusive, is construed as relieving any person, firm or corporation from
any duty of exercising reasonable care in selecting securities.
2. The provisions of the Housing Authorities Law of 1947 apply
notwithstanding any restrictions on investments contained in other laws.
[17:253:1947; 1943 NCL § 5470.17]—(NRS A 1975, 20; 1977, 1189)
An obligee of an
authority has the right in addition to all other rights which may be
conferred on such obligee, subject only to any contractual restrictions
binding upon such obligee:
1. By mandamus, suit, action, or proceeding at law or in equity to
compel the authority or its officers, agents or employees to perform each
and every term, provision and covenant contained in any contract of the
authority with or for the benefit of such obligee, and to require the
carrying out of any or all such covenants and agreements of the authority
and the fulfillment of all duties imposed upon the authority by the
Housing Authorities Law of 1947.
2. By suit, action or proceeding in equity, to enjoin any acts or
things which may be unlawful, or the violation of any of the rights of
such obligee of the authority.
[15:253:1947; 1943 NCL § 5470.15]—(NRS A 1977, 1189)
By its resolution, trust indenture, mortgage, lease or other
contract, an authority may confer upon any obligee holding or
representing a specified amount in bonds, the right (in addition to all
rights that may otherwise be conferred), upon the happening of an event
of default as defined in such resolution or instrument, by suit, action
or proceeding in any court of competent jurisdiction:
1. To cause possession of any housing project or any part thereof
to be surrendered to any such obligee.
2. To obtain the appointment of a receiver of any housing project
of the authority or any part thereof and of the rents and profits
therefrom. If the receiver be appointed, he may enter and take possession
of such project or any part thereof and operate and maintain it, collect
and receive all fees, rents, revenues or other charges thereafter arising
therefrom, and shall keep such moneys in a separate account or accounts
and apply the same in accordance with the obligations of the authority as
the court shall direct.
3. To require the authority to account as if it were the trustees
of an express trust.
[16:253:1947; 1943 NCL § 5470.16]—(NRS A 1977, 1190)
RURAL HOUSING AUTHORITY
General Provisions
1. It is the policy of this State to promote the health, welfare
and safety of its residents and to develop more desirable neighborhoods
and alleviate poverty in the counties, cities and towns of the State by
making provision for decent, safe and sanitary housing facilities for
persons of low and moderate income.
2. It is hereby found and declared:
(a) That there is a shortage of safe and sanitary dwelling
accommodations in the rural areas of the State which are available to
persons of low and moderate income, particularly senior citizens of low
and moderate income, at rentals or prices they can afford;
(b) That the establishment and operation of a sufficient number of
new local housing authorities to undertake housing projects on an
individual basis in such counties and the cities and towns therein is not
feasible at the present time due to geographic and economic circumstances;
(c) That the shortage of low-rent housing facilities in such
counties can be partially remedied through state action by the
establishment of a state housing authority having the power to undertake
housing projects and make mortgage loans for residential housing; and
(d) That it is appropriate for such a state housing authority to
issue obligations for the purpose of undertaking housing projects and
providing mortgage loans for residential housing and to perform any other
function authorized by NRS 315.961 to
315.99874 , inclusive.
(Added to NRS by 1973, 615; A 2005, 220 )
As used in NRS 315.961 to 315.99874 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 315.963 to 315.976 ,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1973, 615; A 1987, 523; 2005, 220 )
“Area of operation”
means any area of the State which is not included within the corporate
limits of a city or town having a population of 100,000 or more.
(Added to NRS by 1973, 615; A 2005, 221 )
“Authority” or “State Authority” means the Nevada Rural Housing
Authority created by NRS 315.977 .
(Added to NRS by 1973, 615; A 1987, 523)
“Bonds” means any bonds, notes,
interim certificates, debentures or other obligations issued by the
Authority pursuant to the provisions of NRS 315.961 to 315.99874 , inclusive.
(Added to NRS by 1973, 615; A 1987, 523; 2005, 221 )
“City” means any incorporated city.
(Added to NRS by 1973, 615)
“Executive Director”
means the Executive Director of the State Authority.
(Added to NRS by 1973, 615)
“Federal Government”
includes the United States of America or any agency or instrumentality of
the United States of America.
(Added to NRS by 1973, 616)
1. “Housing project” means any work or undertaking:
(a) To demolish, clear or remove buildings from any area acquired
by the Authority;
(b) To provide decent, safe and sanitary rural dwellings,
apartments or other living accommodations for persons of low and moderate
income. Such work or undertaking may include buildings, land, equipment,
facilities and other real or personal property for necessary, convenient
or desirable appurtenances, streets, sewers, water service, utilities,
parks, site preparation, landscaping, administrative, health,
recreational, welfare or other purposes; or
(c) To accomplish a combination of the foregoing.
2. “Housing project” also may be applied to the planning of the
buildings and improvements, the acquisition or leasing of property, the
demolition of existing structures, the construction, reconstruction,
alteration and repair of the improvements and all other work in
connection therewith.
3. The term includes the acquisition or development of mobile home
parks and facilities, the leasing or rental of mobile home lots in the
park, or the purchase, leasing or rental of mobile homes.
(Added to NRS by 1973, 616; A 1983, 971; 2005, 221 )
“Local housing authority” or “local authority” means an
authority as defined in NRS 315.170 .
(Added to NRS by 1973, 616; A 1975, 22)
“Obligee” includes any bondholder,
agent or trustee for any bondholder, or lessor demising to the Authority
property used in connection with a housing project, or any assignee or
assignees of such lessor’s interest or any part thereof, and the Federal
Government when it is a party to any contract with the Authority.
(Added to NRS by 1973, 616)
“Persons of low and moderate income” means individuals or families who
lack the amount of income which is necessary, as determined by the
Authority pursuant to the provisions of NRS 315.9845 , to enable them, without financial
assistance, to live in decent, safe and sanitary dwellings, without
overcrowding.
(Added to NRS by 1973, 616; A 2005, 221 )
“Town” means any unincorporated town
formed pursuant to the provisions of chapter 269 of NRS.
(Added to NRS by 1973, 616)
Administration
1. The Nevada Rural Housing Authority, consisting of five
commissioners, is hereby created.
2. The commissioners must be appointed as follows:
(a) Two commissioners must be appointed by the Nevada League of
Cities.
(b) Two commissioners must be appointed by the Nevada Association
of Counties.
(c) One commissioner must be appointed jointly by the Nevada League
of Cities and the Nevada Association of Counties. This commissioner must
be a current recipient of assistance from the Authority and must be
selected from a list of at least five eligible nominees submitted for
this purpose by an organization which represents tenants of housing
projects operated by the Authority. If no such organization exists, the
commissioner must be selected from a list of nominees submitted for this
purpose from persons who currently receive assistance from the Authority.
If during his term the commissioner ceases to be a recipient of
assistance, he must be replaced by a person who is a recipient of
assistance.
3. After the initial terms, the term of office of a commissioner
is 4 years or until his successor takes office.
4. A majority of the commissioners constitutes a quorum, and a
vote of the majority is necessary to carry any question.
5. If either of the appointing entities listed in subsection 2
ceases to exist, the pertinent appointments required by subsection 2 must
be made by the successor in interest of that entity or, if there is no
successor in interest, by the other appointing entity.
(Added to NRS by 1973, 616; A 1977, 1190; 1987, 523; 1993, 1553;
1995, 812, 2695, 2696; 1997, 450)
A certificate of the appointment or reappointment
of any commissioner shall be filed in the Office of the Secretary of
State and in the Office of the Authority, and such certificate is
conclusive evidence of the appointment of such commissioner.
(Added to NRS by 1973, 617; A 1977, 1191)
1. As soon as possible after their appointment, the commissioners
shall organize for the transaction of business by choosing a Chairman and
Vice Chairman and by adopting bylaws and rules and regulations suitable
to the purpose of organizing the Authority and conducting the business
thereof.
2. The commissioners shall appoint an Executive Director and such
other officers and employees as the Authority may require for the
performance of its duties. The commissioners shall prescribe the duties
of each officer and employee, fix their salaries, and establish the terms
and conditions of their employment.
3. At least once a year, the Authority shall submit to the Nevada
League of Cities, the Nevada Association of Counties, and the governing
body of each city and county in its area of operation a report of its
activities for the preceding year and shall make recommendations with
reference to such additional legislation or other actions as it deems
necessary to carry out the purposes of NRS 315.961 to 315.99874 , inclusive.
(Added to NRS by 1973, 617; A 1985, 414; 1987, 523; 1995, 812;
2005, 221 )
Each commissioner is
entitled to receive compensation of $80 per day for attendance at
meetings of the Authority.
(Added to NRS by 1973, 617; A 1975, 298; 1981, 1979; 1985, 414;
1987, 524)
1. A commissioner or employee of the Authority shall not
voluntarily acquire any interest, direct or indirect, except as a
residential tenant, in any housing project, in any property included or
planned to be included in any housing project, in any contract or
proposed contract in connection with any housing project or in any
mortgage loan for residential housing made pursuant to the provisions of
NRS 315.9983 . Where the acquisition is
not voluntary, the commissioner or employee shall immediately disclose
the interest in writing to the Authority and the disclosure must be
entered upon the minutes of the Authority. Upon disclosure, the
commissioner or employee shall not participate in any action by the
Authority involving the housing project, property, contract or mortgage
loan for residential housing. If any commissioner or employee of the
Authority previously owned or controlled an interest, direct or indirect,
in any housing project or in any property included or planned to be
included in any housing project, in any contract or proposed contract in
connection with any housing project or in any mortgage loan for
residential housing, he shall immediately disclose the interest in
writing to the Authority and the disclosure must be entered upon the
minutes of the Authority. Upon disclosure, the commissioner or employee
shall not participate in any action by the Authority involving the
housing project, property, contract or mortgage loan for residential
housing.
2. A violation of any provision of this section constitutes
malfeasance in office.
3. This section is not applicable to the acquisition of any
interest in notes or bonds of the Authority or the execution of
agreements by financial institutions for the deposit or handling of money
in connection with a housing project or to act as trustee under any trust
indenture.
(Added to NRS by 1973, 617; A 1975, 933; 1977, 1112; 1995, 2695;
1999, 1469 ; 2005, 222 )
A commissioner of the Authority may be removed from office,
after a public hearing, by a majority vote of the other commissioners for
neglect of duty or malfeasance in office. A vacancy in office must be
filled for the remainder of the unexpired term by the entity or entities
which appointed the commissioner.
(Added to NRS by 1973, 618; A 1995, 812)
1. Except as otherwise provided in NRS 354.474 and 377.057 , the Authority:
(a) Shall be deemed to be a public body corporate and politic, and
an instrumentality, local government and political subdivision of the
State, exercising public and essential governmental functions, and having
all the powers necessary or convenient to carry out the purposes and
provisions of NRS 315.961 to 315.99874
, inclusive, but not the power to levy
and collect taxes or special assessments.
(b) Is not an agency, board, bureau, commission, council,
department, division, employee or institution of the State.
2. The Authority may:
(a) Sue and be sued.
(b) Have a seal.
(c) Have perpetual succession.
(d) Make and execute contracts and other instruments necessary or
convenient to the exercise of its powers.
(e) Deposit money it receives in any insured state or national
bank, insured credit union, insured savings and loan association, or in
the Local Government Pooled Long-Term Investment Account created by NRS
355.165 or the Local Government Pooled Investment Fund created by NRS
355.167 .
(f) Adopt bylaws, rules and regulations to carry into effect the
powers and purposes of the Authority.
(g) Create a nonprofit organization which is exempt from taxation
pursuant to 26 U.S.C. § 501(c)(3) and which has as its principal purpose
the development of housing projects.
(h) Enter into agreements or other transactions with, and accept
grants from and cooperate with, any governmental agency or other source
in furtherance of the purposes of NRS 315.961 to 315.99874 , inclusive.
(i) Acquire real or personal property or any interest therein, by
gift, purchase, foreclosure, deed in lieu of foreclosure, lease, option
or otherwise.
(Added to NRS by 1973, 618; A 1987, 524; 1995, 813; 1997, 450;
2005, 222 )
The State Authority may operate
in any area of the State which is not included within the corporate
limits of a city or town having a population of 100,000 or more.
(Added to NRS by 2005, 212 )
1. The Authority or a nonprofit corporation
created pursuant to paragraph (g) of subsection 2 of NRS 315.983 may, within its area of operation, prepare,
carry out and operate housing projects and provide for the construction,
reconstruction, improvement, extension, alteration or repair of any such
project or any part thereof.
2. The Authority may, within its area of operation, administer
programs to subsidize that portion of a tenant’s rental payments which
represents the difference between the payment required in the lease and
the amount paid under any program of the Federal Government.
3. The Authority may, within its area of operation, determine
where there is a need for additional low-rent housing for persons of low
and moderate income and where there is unsafe, insanitary or overcrowded
housing.
4. The Authority may, within its area of operation, make studies
and recommendations relating to the problems of relieving the shortage of
low-rent housing and of eliminating unsafe, insanitary or overcrowded
housing.
5. The Authority may, within its area of operation, cooperate with
the Federal Government, state agencies, local housing authorities,
counties, cities, towns and other political subdivisions of the State in
action taken in connection with such problems.
(Added to NRS by 1973, 618; A 1987, 524; 1995, 813; 1997, 451;
2005, 223 )
The State Authority shall
determine the amount of income which is necessary to enable a person or
family, without financial assistance, to live in decent, safe and
sanitary dwellings, without overcrowding.
(Added to NRS by 2005, 212 )
Repealed. (See chapter 77, Statutes of Nevada 2005, at page
225 .)
Repealed. (See chapter 77, Statutes of Nevada 2005, at page
225.)
Repealed. (See chapter 77, Statutes of Nevada 2005, at page 225 .)
1. The State Authority may exercise all or any part or combination
of the powers granted to local housing authorities in NRS 315.450 , 315.460 and
315.470 in connection with contracts,
property, investments and related matters.
2. The provisions of NRS 315.560
and 315.570 concerning powers of local
housing authorities with respect to federal aid, housing in rural areas
and related matters apply to the State Authority in the same manner and
to the same extent as they apply to local authorities.
(Added to NRS by 1973, 619; A 1985, 271; 1987, 525; 2005, 223
)
All
housing projects of the Authority shall be subject to the planning,
zoning, sanitary and building laws, ordinances and regulations applicable
to the locality in which the housing project is situated.
(Added to NRS by 1973, 619)
The Authority shall agree
with the governing body of each affected city, town, county or other
political subdivision to make such payments in lieu of taxes as it finds
consistent with the maintenance of the low-rent character of housing
projects or the achievement of the purposes of NRS 315.961 to 315.99874 , inclusive.
(Added to NRS by 1973, 619; A 1987, 525; 2005, 223 )
No provision of law with respect to the
acquisition, operation or disposition of property by other public
agencies shall be applicable to the Authority.
(Added to NRS by 1973, 619)
1. Except as otherwise provided in subsection 2, all real and
personal property of the Authority, including money, owned or held by it
for the purposes of NRS 315.961 to
315.99874 , inclusive, are exempt from
levy and sale by virtue of an execution or other judicial process.
Execution or other judicial process may not issue against such property,
nor may any judgment against the Authority be a charge or lien upon such
property.
2. This section does not apply to or limit the right of obligees
to foreclose or otherwise enforce any mortgage, deed of trust or other
encumbrance of the Authority or the right of obligees to pursue any
remedies for the enforcement of any pledge or lien given by the Authority
on its rents, fees or revenues.
(Added to NRS by 1973, 619; A 1987, 525; 2005, 224 )
1. The Authority shall not construct or operate any housing
project for profit.
2. The Authority shall manage and operate its housing projects in
an efficient manner so as to enable it to fix the rentals or payments for
dwelling accommodations at low rates consistent with its providing
decent, safe and sanitary dwelling accommodations for persons of low and
moderate income.
3. The Authority shall fix the rentals or payments for dwellings
in its housing projects at no higher rates than are necessary to produce
revenue which, together with all other available money, revenue, income
and receipts of the Authority from whatever sources derived, will be
sufficient:
(a) To pay, as it becomes due, the principal and interest on the
bonds of the Authority.
(b) To create and maintain such reserves as may be required to
assure the payment of principal and interest as it becomes due on its
bonds.
(c) To meet the cost of, and to provide for, maintaining and
operating the housing projects, including necessary reserves therefor and
the cost of any insurance, and the administrative expenses of the
Authority.
(d) To make such payments in lieu of taxes as it determines are
consistent with the maintenance of the low-rent character of the housing
projects.
4. For the purposes of this section, a housing project constructed
or operated by the Authority that is eligible for credit for low-income
housing pursuant to 26 U.S.C. § 42 is not constructed or operated for
profit.
(Added to NRS by 1973, 620; A 1995, 813; 1997, 451; 2005, 224
)
In the operation or management of
its housing projects, the Authority shall at all times observe the
following duties with respect to rentals and tenant admissions:
1. It may rent or lease the dwelling accommodations therein only
to persons of low and moderate income.
2. It may rent or lease to a tenant dwelling accommodations
consisting of the number of rooms, but no greater number, which it deems
necessary to provide safe and sanitary accommodations to the proposed
occupants thereof, without overcrowding.
3. It shall not accept any person or persons as tenants in any
housing project if the person or persons who occupy the dwelling
accommodations have, at the time of admission, an aggregate annual net
income, less an exemption of $200 for each minor member of the family
other than the head of the family and his spouse, in excess of 7 times
the annual rental of the quarters to be furnished such person or persons;
but the Authority may agree to conditions as to tenant eligibility or
preference required by the Federal Government pursuant to federal law in
any contract for financial assistance with the Authority. In computing
the rental for this purpose of admitting tenants, there shall be included
in the rental the average annual cost, as determined by the Authority, to
occupants of heat, water, electricity, gas, cooking fuel, and other
necessary services or facilities, whether or not the charge for such
services and facilities is included in the rental.
(Added to NRS by 1973, 620; A 2005, 224 )
993
and 315.994 . Nothing contained in NRS 315.993 and 315.994
shall be construed as limiting the power of the Authority to vest in an
obligee the right, in the event of a default by the Authority, to take
possession thereof or cause the appointment of a receiver thereof, free
from all the restrictions imposed by such sections.
(Added to NRS by 1973, 620)
The provisions of NRS 315.550 apply to housing projects of the State
Authority undertaken pursuant to the provisions of NRS 315.961 to 315.99874 , inclusive, in the same manner and to the
same extent as they apply to projects of local authorities.
(Added to NRS by 1973, 620; A 1985, 271; 1987, 525)
Financing
As used in NRS 315.9981 to 315.99874 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 315.99815 to 315.99828 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2005, 211 )
“Lending
institution” means any bank or trust company, Federal National Mortgage
Association approved mortgage banker, national banking association,
savings and loan association or other financial institution or
governmental agency of the United States which customarily provides
service or otherwise aids in the financing of mortgages located in this
State.
(Added to NRS by 2005, 211 )
“Mortgage” means a mortgage
deed, deed of trust or other instrument which constitutes a lien on real
property in fee simple or on a leasehold under a lease whose remaining
term, at the time such mortgage is acquired, does not expire for at least
that number of years beyond the maturity date of the obligation secured
by such mortgage as is established by the State Authority as necessary to
protect its interest as mortgagee.
(Added to NRS by 2005, 211 )
“Mortgage loan” means an
interest-bearing obligation secured by a mortgage on land and
improvements in this State.
(Added to NRS by 2005, 211 )
“Real property” means all
lands, including rights to space above the lands, improvements and
fixtures on the lands and property of any nature appurtenant to or used
in connection with the lands, and every estate, interest and right, legal
or equitable, in the lands, including terms of years and liens by way of
judgment, mortgage or otherwise and the indebtedness secured by such
liens.
(Added to NRS by 2005, 211 )
“Residential
housing” means one or more new or existing residential dwelling units
financed pursuant to the provisions of NRS 315.9981 to 315.99874 , inclusive, for the primary purpose of
providing decent, safe and sanitary dwelling accommodations for persons
of low and moderate income in need of housing, including any buildings,
manufactured homes, mobile homes, mobile home parks, land, improvements,
equipment, facilities, other real or personal property, or other related
nonhousing facilities which are necessary, convenient or desirable in
connection therewith, and including, without limitation, streets, sewers,
utilities, parks, site preparation, landscaping and other nonhousing
facilities such as administrative, community, transportation, health,
recreational, educational, commercial, retail, welfare and public
facilities which the State Authority determines improve the quality of
the residential living for persons of low and moderate income.
(Added to NRS by 2005, 212 )
The State Authority
may make, undertake commitments to make and participate with lending
institutions in the making of mortgage loans to finance the acquisition,
construction, development, renewal, redevelopment, rehabilitation or
refinancing of residential housing, including, without limitation, single
family and multifamily housing, within this State.
(Added to NRS by 2005, 212 )
Any mortgage loan made by the State Authority must be secured in such
manner, be repaid in such period and bear interest at such rate or rates
as are determined by the State Authority.
(Added to NRS by 2005, 212 )
The State
Authority may:
1. Renegotiate, refinance or foreclose, or contract for the
foreclosure of, any mortgage in default;
2. Waive any default or consent to the modification of the terms
of any mortgage;
3. Commence any action to protect or enforce any right conferred
upon it by any law, mortgage, contract or other agreement;
4. Bid for and purchase property upon which it holds a mortgage at
any foreclosure or at any other sale, or acquire and take possession of
any such property;
5. Operate, manage, lease, dispose of and otherwise deal with such
property in such manner as may be necessary to protect the interest of
the State Authority and the holders of its bonds, notes and other
obligations; and
6. Consent to any modification with respect to rate of interest,
time and payment of any installment of principal or interest, security or
any other term of any contract, mortgage, mortgage loan, mortgage loan
commitment, contract or agreement of any kind to which the State
Authority is a party, subject to any agreement with bondholders or
noteholders.
(Added to NRS by 2005, 212 )
The State
Authority may charge and collect such fees and charges as the State
Authority may establish from time to time for its making of mortgage
loans for residential housing.
(Added to NRS by 2005, 213 )
The State Authority
may procure insurance against any loss in connection with its property
and other assets, including mortgages and mortgage loans, in such amounts
and from such insurers as it deems desirable.
(Added to NRS by 2005, 213 )
The State
Authority shall not finance any residential housing unless, before such
financing, the State Authority finds that:
1. There exists a shortage of decent, safe and sanitary housing at
rentals or prices which eligible families can afford within the general
housing market area as determined by the State Authority.
2. Private enterprise and investment have been unable, without
assistance, to provide an adequate supply of decent, safe and sanitary
housing in such housing market area at rentals or prices which persons or
families of low and moderate income can afford or to provide sufficient
mortgage financing for residential housing for occupancy by such persons
or families.
3. The proposed residential housing will increase the supply or
improve the quality of decent, safe and sanitary housing for eligible
families.
4. The residential housing to be developed or assisted by the
State Authority pursuant to the provisions of NRS 315.9981 to 315.99874 , inclusive, will be of public use and will
provide a public benefit.
5. The estimates of the State Authority of its revenues from the
financing of the residential housing, together with all subsidies, grants
or other financial assistance from governmental agencies or other
entities to be received in connection with the residential housing, will
be sufficient to pay the amount estimated by the State Authority as
necessary for debt service on its notes and bonds to be issued for the
financing of the residential housing.
(Added to NRS by 2005, 213 )
1. The State Authority may issue its negotiable notes and bonds in
such principal amount as the State Authority determines to be necessary
to provide sufficient money for achieving any of its statutory purposes,
including the payment of interest on notes and bonds of the State
Authority, establishment of bond reserve funds and other reserves to
secure the notes and bonds, and all other expenditures of the State
Authority necessary or convenient to carry out its statutory purposes and
powers.
2. Subject to any agreements with holders of notes or bonds, all
notes and bonds issued by the State Authority are special obligations of
the State Authority payable out of any revenues, money or other assets of
the State Authority pledged thereto.
(Added to NRS by 2005, 213 )
The bonds issued pursuant to NRS 315.99842 may be issued as serial bonds payable in
annual installments or as term bonds, or as a combination thereof. The
notes and bonds must bear interest at such a rate or rates, be in such
denominations, have such registration privileges, be executed in such a
manner, be payable in such a medium of payment, at such a place or places
within or outside of the State, and be subject to such terms of
redemption as the State Authority determines. The notes and bonds of the
State Authority may be sold by the State Authority at public or private
sale at such a price or prices as the State Authority determines except
that no note, bond or other obligation issued by the State Authority may
be initially distributed to the public unless it has received a rating in
one of the three highest rating categories from a national rating service.
(Added to NRS by 2005, 213 )
The
State Authority in issuing any notes or bonds may contract with the
holders thereof as to:
1. Pledging all or any part of the revenues of the State Authority
to secure the payment of the notes or bonds subject to such agreements
with noteholders or bondholders as may then exist.
2. Pledging all or any part of the assets of the State Authority,
including mortgages and obligations securing such assets, to secure the
payment of the notes or bonds subject to such agreements with noteholders
or bondholders as may then exist.
3. The use and disposition of the gross income from mortgages
owned by the State Authority and the payment of principal of mortgages
owned by the State Authority.
4. The setting aside of reserves or sinking funds and the
regulation and disposition thereof.
5. Limitations on the purpose to which the proceeds of sale of
notes or bonds may be applied and pledging such proceeds to secure the
payment of the notes or bonds or of any issue thereof.
6. Limitations on the issuance of additional notes or bonds, the
terms upon which additional notes or bonds may be issued and secured, and
the refunding of outstanding or other notes or bonds.
7. The procedure, if any, by which the terms of any contract with
noteholders or bondholders may be amended or abrogated, the amount of
notes or bonds the holders of which must consent thereto and the manner
in which such consent may be given.
8. Limitations on the amount of money to be expended by the State
Authority for operating expenses of the State Authority.
9. Vesting in a trustee or trustees such property, rights, powers
and duties in trust as the State Authority may determine, which may
include any or all of the rights, powers and duties of the trustee
appointed by the bondholders pursuant to NRS 315.9981 to 315.99874 , inclusive, and limiting or abrogating the
right of the bondholders to appoint a trustee under this act or limiting
the rights, powers and duties of such trustee.
10. Defining the acts or omissions which constitute a default in
the obligations and duties of the State Authority to the holders of the
notes or bonds and providing for the rights and remedies of the holders
of the notes or bonds in case of such default, including, as a matter of
right, the appointment of a receiver, but such rights and remedies must
not be inconsistent with the general laws of this State and the other
provisions of NRS 315.9981 to
315.99874 , inclusive.
11. Any other matters, of like or different character, which in
any way affect the security or protection of the holders of the notes or
bonds.
Ę Any pledge made by the State Authority is valid and binding from the
time the pledge is made. The revenues, money or property so pledged and
thereafter received by the State Authority are immediately subject to the
lien of such pledge without any physical delivery thereof or further act,
and the lien of any such pledge is valid and binding as against all
persons having claims of any kind in tort, contract or otherwise against
the State Authority, whether or not such persons have notice thereof.
Neither the proceedings of the State Authority relating to the bonds or
notes nor any other instrument by which a pledge is created need be
recorded.
(Added to NRS by 2005, 214 )
In the discretion of the State Authority, bonds issued by
the State Authority may be secured by a trust indenture or trust
indentures by and between the State Authority and a corporate trustee,
which may be any trust company or bank having the power of a trust
company within or outside this State. Such trust indenture may contain
such provisions for protecting and enforcing the rights and remedies of
the bondholders as may be reasonable and proper and not in violation of
law, including covenants setting forth the duties of the State Authority
in relation to the exercise of its statutory powers and the custody,
safeguarding and application of all money. The State Authority may
provide by such trust indenture for the payment of the proceeds of the
bonds and the revenues to the trustee under such trust indenture or other
depository, and for the method of disbursement thereof, with such
safeguards and restrictions as the State Authority may determine. All
expenses incurred in carrying out such trust indenture may be treated as
part of the operating expenses of the State Authority. Such trust
indenture may limit or abrogate the right of the holders of any bonds,
notes or other obligations of the State Authority to appoint a trustee
under NRS 315.9981 to 315.99874 , inclusive, or limit the rights, powers and
duties of such trustee.
(Added to NRS by 2005, 215 )
The State Authority may procure or agree to the procurement of
insurance or guarantees from any governmental agency or from any private
insurance company, of the payment of any bonds or notes or any other
evidences of indebtedness thereof issued by the State Authority or by any
lending institution, and may pay premiums on such insurance.
(Added to NRS by 2005, 215 )
1. The State Authority, subject to such agreements with
noteholders or bondholders as may then exist, may, out of any money
available therefor, purchase its notes or bonds to retire and cancel
them. The price must not exceed:
(a) The redemption price then applicable plus accrued interest to
the next interest payment thereon if the notes or bonds are then
redeemable; or
(b) The redemption price applicable on the first date after the
purchase upon which the notes or bonds become subject to redemption plus
accrued interest to that date if the notes or bonds are not redeemable.
2. The State Authority may, in connection with any remarketing or
refunding of its notes or bonds or for any of its purposes, acquire, or
cause to be acquired, its notes or bonds without retiring and cancelling
them.
(Added to NRS by 2005, 215 )
The State Authority may:
1. Provide that any bonds or notes issued by the State Authority
be insured or be secured by surety bonds, letters of credit not issued by
the State Authority, guaranties or other means of assuring repayment of
such bonds or notes.
2. Require that any loans, including a mortgage loan, made or
purchased by the State Authority be insured or be secured by surety
bonds, letters of credit not issued by the State Authority, guaranties or
other means of assuring repayment of such loans.
3. Pay the fees, charges, premiums and any other costs associated
with obtaining and maintaining insurance, or other means of assuring
repayment, from any available money of the State Authority, including
premiums, fees and charges assessed against sponsors, lending
institutions or other participants or beneficiaries of the programs of
the State Authority.
(Added to NRS by 2005, 215 )
The State Authority may:
1. Waive, by such means as the State Authority deems appropriate,
any exemption from federal income taxation of interest on the bonds,
notes or other obligations of the State Authority provided by 26 U.S.C.
§§ 141 to 149, inclusive, and related portions of the Internal Revenue
Code or any succeeding code or other federal statute providing a similar
exemption; or
2. Issue notes, bonds or other obligations, the interest on which
is not exempt from federal income taxation or excluded from gross revenue
for the purpose of federal income taxation, if necessary to carry out the
purposes of NRS 315.961 to 315.99874
, inclusive.
(Added to NRS by 2005, 216 )
1. The State Authority may issue refunding obligations to refund
any obligations then outstanding which have been issued under the
provisions of NRS 315.9981 to
315.99874 , inclusive, including the
payment of any redemption premium thereon and any interest accrued or to
accrue to the date of redemption of the obligations and for any statutory
purpose of the State Authority. The issuance of the obligations, the
maturities and other details thereof, the rights of the holders thereof,
and the rights, duties and obligations of the State Authority in respect
to them are governed by the provisions of NRS 315.9981 to 315.99874 , inclusive, which relate to the issuance of
original obligations insofar as appropriate.
2. Refunding obligations issued as provided in this section may be
sold or exchanged for outstanding obligations issued under NRS 315.9981
to 315.99874 , inclusive, and, if they are sold, the
proceeds thereof may be applied, in addition to any other authorized
purposes, to the purchase, redemption or payment of the outstanding
obligations. Pending the application of the proceeds of the refunding
obligations, with any other available funds, to the purpose for which
they are issued, the proceeds may be invested in direct obligations of,
or obligations the principal of and the interest on which are
unconditionally guaranteed by the United States of America, or
obligations of any agency or instrumentality of the United States of
America, which mature or which are subject to redemption by the holders
thereof, at the option of such holders, not later than the respective
dates when the proceeds, together with the interest accruing thereon,
will be required for the purposes intended.
(Added to NRS by 2005, 216 )
1. The State Authority may establish one or more bond reserve
funds, and shall pay into each such bond reserve fund:
(a) Any money appropriated by the Legislature for the purpose of
the fund;
(b) Any proceeds of sale of notes or bonds to the extent provided
in connection with the issuance thereof; and
(c) Any other money which may be available to the State Authority
for the purpose of the fund from any other source or sources.
Ę All money held in any bond reserve fund, except as otherwise expressly
provided in NRS 315.9981 to 315.99874
, inclusive, must be used, as
required, solely for the payment of the principal of bonds secured in
whole or in part by the fund or of the sinking fund payments with respect
to such bonds, the purchase or redemption of such bonds, the payment of
interest on such bonds or the payment of any redemption premium required
to be paid when the bonds are redeemed before maturity.
2. Money in such a fund must not be withdrawn from the fund at any
time in an amount that would reduce the amount of the fund below the
requirement established for that fund, except to pay when due, with
respect to bonds secured in whole or in part by that fund, principal,
interest, redemption premiums and sinking fund payments for the payment
of which other money of the State Authority is not available.
(Added to NRS by 2005, 216 )
The State Authority shall not at any time pursuant
to NRS 315.9981 to 315.99874 , inclusive, issue bonds, secured in whole or
in part by a bond reserve fund, if upon the issuance of those bonds, the
amount in that bond reserve fund will be less than the bond reserve fund
requirement for that fund, unless the State Authority at the time of
issuance of those bonds deposits in that fund from the proceeds of the
bonds issued, or from other sources, an amount which, together with the
amount then in that fund, will not be less than the bond reserve fund
requirement for that fund. The bond reserve fund requirement, as of any
particular date of computation, is an amount of money, specified in the
proceedings of the State Authority authorizing the bonds with respect to
which the fund is established, necessary to provide adequate reserves for
debt service on the bonds.
(Added to NRS by 2005, 217 )
The provision of bond reserve fund
requirements is designed to assure the continued operation and solvency
of the State Authority for the carrying out of its statutory purposes.
(Added to NRS by 2005, 217 )
1. If the State Authority defaults in the payment of principal of
or interest on any bonds or notes issued under NRS 315.9981 to 315.99874 , inclusive, after it is due, whether at
maturity or upon call for redemption, and such default continues for a
period of 30 days, or if the State Authority fails or refuses to comply
with the provisions of NRS 315.9981 to
315.99874 , inclusive, or defaults in
any agreement made with the holders of an issue of its bonds or notes,
the holders of 25 percent in aggregate principal amount of the bonds or
notes of such issue then outstanding, by instrument or instruments filed
in the Office of the Secretary of State and proved or acknowledged in the
same manner as a deed to be recorded, may appoint a trustee to represent
the holders of such bonds or notes for the purposes provided in this
section.
2. The trustee may, and upon written request of the holders of 25
percent in principal amount of such bonds or notes then outstanding
shall, in his or its own name:
(a) Enforce the right of the bondholders or noteholders to require
the State Authority to collect interest and amortization payments on the
mortgages held by it adequate to carry out any agreement as to, or pledge
of, such interest and amortization payments, and to require the State
Authority to carry out any other agreements with the holders of such
bonds or notes and to perform its duties under NRS 315.9981 to 315.99874 , inclusive.
(b) Enforce the right of the bondholders or noteholders to collect
and enforce the payment of principal of and interest due or becoming due
on loans to lending institutions and collect and enforce any rights in
respect to collateral securing such loans or sell such collateral, so as
to carry out any contract as to, or pledge of revenues, and to require
the State Authority to carry out any contract as to, or pledge of
revenues, and to require the State Authority to perform its duties under
NRS 315.9981 to 315.99874 , inclusive.
(c) Bring suit upon all or any part of such bonds or notes.
(d) By civil action, require the State Authority to account as if
it were the trustee of an express trust for the holders of such bonds or
notes.
(e) By civil action, enjoin any acts or things which may be
unlawful or in violation of the rights of the holders of such bonds or
notes.
(f) Declare all such bonds or notes due, and if all defaults are
made good then with the consent of the holders of 25 percent of the
principal amount of such bonds or notes then outstanding, to annul such
declaration and its consequences.
(g) Enforce any other right of the bondholders or noteholders
conferred by law or by the proceedings of the State Authority authorizing
the issuance of the bonds or notes.
3. The trustee shall, in addition to the powers listed in
subsection 2, have all the powers necessary or appropriate for the
exercise of any functions specifically set forth in this section or
incident to the general representation of bondholders or noteholders in
the enforcement and protection of their rights.
4. Before declaring the principal of bonds or notes due, the
trustee shall give 30 days’ notice in writing to the Governor, to the
State Authority and to the Attorney General of this State.
5. The District Court of the First Judicial District has
jurisdiction of any suit, action or proceeding by the trustee on behalf
of bondholders or noteholders.
(Added to NRS by 2005, 217 )
1. The State of Nevada hereby pledges to and agrees with the
holders of any notes or bonds issued under NRS 315.9981 to 315.99874 , inclusive, that the State will not limit or
alter the rights vested in the State Authority by NRS 315.9981 to 315.99874 , inclusive, to fulfill the terms of any
agreements made with such holders or in any way impair the rights and
remedies of such holders until such notes and bonds, together with the
interest thereon, with interest on any unpaid installments of interest,
and all costs and expenses in connection with any action or proceeding by
or on behalf of such holders, are fully met and discharged. The State
Authority may include this pledge and agreement of the State in any
agreement with the holders of such notes or bonds.
2. Obligations issued under the provisions of NRS 315.9981 to 315.99874 , inclusive, including letters of credit
issued by the State Authority, do not constitute a debt, liability or
obligation of this State or of any political subdivision thereof, or a
pledge of the faith and credit of this State or of any political
subdivision thereof, but are payable solely from the revenues or assets
of the State Authority. Neither the commissioners of the State Authority
nor any person executing the bonds is liable personally on the bonds by
reason of the issuance thereof. Each obligation, including a letter of
credit, issued under NRS 315.9981 to
315.99874 , inclusive, must contain on
the face thereof a statement to the effect that the State Authority is
not obligated to pay the obligation or the interest thereon except from
the revenues or assets pledged therefor and that neither the faith and
credit nor the taxing power of this State or of any political subdivision
thereof is pledged to the payment of the principal of or the interest on
the obligation. The bonds do not constitute an indebtedness within the
meaning of any constitutional or statutory debt limitation or restriction.
(Added to NRS by 2005, 218 )
The State Authority may submit to the
Attorney General of the State any bonds to be issued under NRS 315.9981
to 315.99874 , inclusive, after all proceedings for the
issuance of such bonds have been taken. Upon the submission of such
proceedings to the Attorney General, the Attorney General shall examine
into and pass upon the validity of such bonds and the regularity of all
proceedings in connection therewith. If the proceedings conform to the
provisions of NRS 315.9981 to
315.99874 , inclusive, and are
otherwise regular in form, and if such bonds when delivered and paid for
will constitute binding and legal obligations of the State Authority
enforceable according to the terms thereof, the Attorney General shall
certify in substance upon the back of each of the bonds that it is issued
in accordance with the Constitution and laws of the State of Nevada.
(Added to NRS by 2005, 219 )
1. The notes and bonds of the State Authority are legal
investments in which all public officers and public bodies of the State,
its political subdivisions, all municipalities and municipal
subdivisions, all insurance companies and associations and other persons
carrying on an insurance business, all banks, savings and loan
associations and trust companies, all administrators, guardians,
executors, trustees and other fiduciaries, and all other persons who are
authorized to invest in bonds or in other obligations of this State, may
properly and legally invest funds, including capital, in their control or
belonging to them. The notes and bonds are securities which may properly
and legally be deposited with and received by all public officers and
public bodies of the State or any agency or political subdivision of the
State and all municipalities and public corporations for any purpose for
which the deposit of bonds or other obligations of this State is
authorized by law and may be used as collateral to secure any deposit of
public money.
2. The notes and bonds of the State Authority are securities
within the meaning of the Uniform Commercial Code—Investment Securities.
(Added to NRS by 2005, 219 )
If any of the commissioners or officers of
the State Authority whose signatures appear on any bonds or coupons cease
to be such commissioners or officers before the delivery of such bonds,
such signatures shall, nevertheless, be valid and sufficient for all
purposes, the same as if such commissioners or officers had remained in
office until such delivery.
(Added to NRS by 2005, 219 )
This chapter shall be known and may be
cited as the General Improvement District Law.
(Added to NRS by 1959, 457)
1. It is hereby declared as a matter of legislative determination
that the organization of districts having the purposes, powers, rights,
privileges and immunities provided in this chapter will serve a public
use and will promote the health, safety, prosperity, security and general
welfare of the inhabitants thereof and of the State of Nevada; that the
acquisition, improvement, maintenance and operation of any project
authorized in this chapter is in the public interest and constitutes a
part of the established and permanent policy of the State of Nevada; and
that each district organized pursuant to the provisions of this chapter
shall be a body corporate and politic and a quasi-municipal corporation.
For the accomplishment of these purposes the provisions of this chapter
shall be broadly construed.
2. It is hereby further declared that the provisions of this
chapter are not intended to provide a method for financing the costs of
developing private property.
3. It is hereby further declared as a matter of legislative
determination that the notice provided for in this chapter for each
hearing and action to be taken is reasonably calculated to inform the
parties of all proceedings which may directly and adversely affect their
legally protected interest.
(Added to NRS by 1959, 457; A 1977, 525)
As used in this chapter, unless the
context otherwise requires:
1. “Acquisition,” “acquire” and “acquiring” each means
acquisition, extension, alteration, reconstruction, repair or other
improvement by purchase, construction, installation, reconstruction,
condemnation, lease, rent, gift, grant, bequest, devise, contract or
other acquisition, or any combination thereof.
2. “Board of trustees” and “board” alone each means the board of
trustees of a district.
3. “FM radio” means a system of radio broadcasting by means of
frequency modulation.
4. “General improvement district” and “district” alone each means
any general improvement district organized or, in the case of
organizational provisions, proposed to be organized, pursuant to this
chapter.
5. “Mail” means a single mailing first class or its equivalent,
postage prepaid, by deposit in the United States mails, at least 15 days
before the designated time or event.
6. “Project” and “improvement” each means any structure, facility,
undertaking or system which a district is authorized to acquire, improve,
equip, maintain or operate. A project may consist of all kinds of
personal and real property, including, but not limited to, land, elements
and fixtures thereon, property of any nature appurtenant thereto or used
in connection therewith, and every estate, interest and right therein,
legal or equitable, including terms for years, or any combination thereof.
7. “Publication” means publication once in a newspaper of general
circulation in the district at least 15 days before the designated time
or event.
8. “Qualified elector” means a person who has registered to vote
in district elections.
9. “Special assessment district” means any local public
improvement district organized within a general improvement district by
the board of trustees of such general improvement district pursuant to
this chapter.
10. “Trustees” means the members of a board.
(Added to NRS by 1959, 458; A 1967, 1679; 1973, 86; 1977, 525;
1995, 1904; 2005, 725 )
For the purpose of computing any
period of time prescribed in this chapter, the first day of the
designated action or time must be excluded and the last day of the
designated action or time must be included.
(Added to NRS by 1959, 459; A 2005, 726 )
In any case where a
notice is provided for in this chapter, if the court finds for any reason
that due notice was not given, the court shall not thereby lose
jurisdiction, and the proceeding in question shall not thereby be void or
abated; but the court shall order due notice to be given and shall
continue the hearing until such time as notice is properly given, and
thereupon shall proceed as though notice had been properly given in the
first instance.
(Added to NRS by 1959, 459)
This chapter, without
reference to other statutes of the State, except as specifically provided
in this chapter, shall constitute full authority for the authorization
and issuance of bonds hereunder. No other law with regard to the
authorization or issuance of bonds that provides for an election,
requires an approval, or in any way impedes or restricts the carrying out
of the acts authorized by this chapter to be done shall be construed as
applying to any proceedings taken under this chapter or acts done
pursuant thereto, it being intended that this chapter shall provide a
separate method of accomplishing its objectives, and not an exclusive
one; and this chapter shall not be construed as repealing, amending or
changing any such other law.
(Added to NRS by 1959, 459)
This chapter being necessary to
secure the public health, safety, convenience and welfare, it shall be
liberally construed to effect its purposes.
(Added to NRS by 1959, 459)
ORGANIZATION OF DISTRICTS
1. Except as otherwise provided in this chapter, the board of
county commissioners of any county within this state is hereby vested
with jurisdiction, power and authority to create districts within the
county which it serves.
2. No member of a board of county commissioners or board of
trustees shall be disqualified to perform any duty imposed by this
chapter by reason of ownership of property within any proposed district.
3. If the boundaries of a proposed district include territory
within two or more counties, the board of county commissioners of the
county in which is located the larger or largest proportion of the area
of the proposed district has the jurisdiction, power and authority to
create the district, to broaden its basic powers and otherwise to
supervise the district as provided in this chapter.
(Added to NRS by 1959, 459; A 1963, 570; 1967, 1685)
1. The formation of a district may be initiated by:
(a) A resolution adopted by the board of county commissioners; or
(b) A petition proposed by any owner of property to be located in
the district.
2. After adoption of the resolution or receipt of the petition the
organization of the district must be initiated by the adoption of an
ordinance by the board of county commissioners, which is in this chapter
sometimes designated the “initiating ordinance.” No initiating ordinance
may be adopted by the board of county commissioners if the proposed
district includes any real property within 7 miles from the boundary of
an incorporated city or unincorporated town unless:
(a) All members of the board of county commissioners unanimously
vote for the organization of a district with boundaries which contravene
this 7-mile limitation;
(b) A petition for annexation to or inclusion within the
incorporated city or unincorporated town of that property has first been
filed with the governing body of the incorporated city or unincorporated
town pursuant to law and the governing body thereof has refused to annex
or include that property and has entered the fact of that refusal in its
minutes;
(c) No part of the area within the district is eligible for
inclusion in a petition for such an annexation; or
(d) The governing body of the incorporated city or the town board
of the unincorporated town, by resolution, consents to the formation of
the district.
3. Except as is otherwise provided in this chapter, a district may
be entirely within or entirely without, or partly within and partly
without, one or more municipalities or counties, and the district may
consist of noncontiguous tracts or parcels of property.
4. The initiating ordinance must set forth:
(a) The name of the proposed district, consisting of a chosen name
preceding the word “District,” or, if the district is authorized to
exercise more than one basic power, the words “General Improvement
District.” If a district’s name as provided in the organizational
proceedings does not include the words “General Improvement,” and if
subsequently any additional basic power is granted to the district
pursuant to NRS 318.077 , the board of
county commissioners may redesignate the district with a chosen name
preceding the words “General Improvement District.”
(b) A statement of the basic power or basic powers for which the
district is proposed to be created (for instance, by way of illustration,
“for paving, curb and gutters, sidewalks, storm drainage and sanitary
sewer improvements within the district”). The basic power or basic powers
stated in the initiating ordinance must be one or more of those
authorized in NRS 318.116 , as
supplemented by the sections of this chapter designated therein.
(c) A statement that the ordinance creating the district will be
based on the board’s finding:
(1) That public convenience and necessity require the
creation of the district;
(2) That the creation of the district is economically sound
and feasible;
(3) That the service plan for the district conforms to
subsection 1 of NRS 308.030 ; and
(4) That the service plan for the district does not
contravene any of the criteria enumerated in subsection 1 of NRS 308.060
.
(d) A general description of the boundaries of the district or the
territory to be included therein, with such certainty as to enable an
owner of property to determine whether his property is within the
district.
(e) The place and time for the hearing on the creation of the
district.
(Added to NRS by 1959, 459; A 1963, 571; 1965, 1078; 1967, 1685;
1971, 1046; 1977, 526; 1985, 360)
After such
initiating ordinance has been adopted by the board of county
commissioners, the county clerk shall mail written notice to all property
owners within the proposed district of the intention of the board of
county commissioners to establish such district, which notice shall set
forth the name, statement of purposes, general description and time and
place of hearing.
(Added to NRS by 1959, 460; A 1973, 562)
1. Any person who owns property which is located within the
district may, on or before the date fixed, protest against the
establishment of such district, in writing, which protest shall be filed
with the county clerk of such county.
2. If, at or before the time fixed in the initiating ordinance and
notice, written protest is filed, signed by a majority of the owners of
property within such proposed district, the district shall not be
established.
3. If any written protests are filed and the board of county
commissioners determines that the protests so filed represent less than a
majority of the owners of property within the district, the board of
county commissioners, in its discretion but subject to the limitation
provided by NRS 318.070 , may proceed
with the creation of the district. If the board of county commissioners
does so proceed, the ordinance of the board of county commissioners
creating the district, for which provision is made in this chapter, shall
contain a recital of the number of protests filed and such recital is
binding and conclusive for all purposes.
(Added to NRS by 1959, 460; A 1965, 1079; 1977, 528)
1. At the place, date and hour specified for the hearing in the
notice or at any subsequent time to which the hearing may be adjourned,
the board of county commissioners shall give full consideration to all
protests which may have been filed and shall hear all persons desiring to
be heard and shall thereafter adopt an ordinance either creating the
district or determining that it shall not be created.
2. If the board of county commissioners determines at the hearing
that the proponents of such proposed district have failed to show that
creation of the district is required by public convenience and necessity
or have failed to show that the creation of such district is economically
sound and feasible, or both, it shall adopt an ordinance determining that
it shall not be created.
3. Any ordinance creating a district may contain such changes as
may be considered by the board of county commissioners to be equitable
and necessary.
(Added to NRS by 1959, 460; A 1965, 1079)
1. Except as otherwise provided in subsection 2, the adoption of
the ordinance creating the district shall finally and conclusively
establish the regular organization of the district against all persons,
which district shall thenceforth be a governmental subdivision of the
State of Nevada, a body corporate and politic and a quasi-municipal
corporation.
2. Within 30 days immediately following the effective date of such
ordinance any person who has filed a written protest, as provided in NRS
318.065 , shall have the right to
commence an action in any court of competent jurisdiction to set aside
such determination. Thereafter all actions or suits attacking the
regularity, validity and correctness of that ordinance and all
proceedings, determinations and instruments taken, adopted or made prior
to such ordinance’s final passage, shall be perpetually barred.
3. Within 30 days after the effective date of the ordinance
creating the district, the county clerk shall file a copy of the
ordinance in his office and shall cause to be filed an additional copy of
the ordinance in the Office of the Secretary of State, which filings
shall be without fee and be otherwise in the same manner as articles of
incorporation are required to be filed under chapter 78 of NRS.
(Added to NRS by 1959, 460)
The board may elect to add basic powers not provided in its
formation, in which event the board shall cause proceedings to be had by
the board of county commissioners similar, as nearly as may be, to those
provided for the formation of the district, and with like effect. The
board shall obtain in connection with each such additional basic power a
modified service plan for the district in a manner like that provided for
an initial service plan required for the organization of a district in
the Special District Control Law.
(Added to NRS by 1963, 626; A 1967, 1687; 1971, 1047; 1977, 529)
BOARD OF TRUSTEES; DISTRICT POWERS
1. After adopting an ordinance creating a district and before
appointing the first board of trustees for the district, the board of
county commissioners is, ex officio, the board of trustees for the
district.
2. While acting as the board of trustees, the board of county
commissioners shall establish:
(a) Accounting practices and procedures for the district;
(b) Auditing practices and procedures to be used by the district;
(c) A budget for the district; and
(d) Management standards for the district.
3. Except as otherwise provided in NRS 318.0953 and 318.09533 , after the board of county commissioners has
performed the duties required by subsection 2, it shall appoint five
persons to serve as the first board of trustees of the district and shall
specify therein the terms of office to the first Monday in January next
following the respective election dates provided in NRS 318.095 . Except as otherwise provided in subsection 5,
these persons must be qualified electors of the district.
4. The members of the board of trustees shall qualify by filing
with the county clerk their oaths of office and corporate surety bonds,
at the expense of the district, the bonds to be in an amount not more
than $10,000 each, the form and exact amount thereof to be approved and
determined, respectively, by the board of county commissioners,
conditioned for the faithful performance of their duties as trustees. The
board of county commissioners may from time to time, upon good cause
shown, increase or decrease the amount of the bond.
5. The board of county commissioners may appoint as one of the
five initial trustees as provided by subsection 1 the district attorney
for the county or a deputy district attorney on his staff. Such appointee
need not be a qualified elector of the district, but no such attorney is
qualified for appointment to fill any vacancy on the board pursuant to
NRS 318.090 or qualified as a candidate
for election to the board at any biennial election pursuant to NRS
318.095 unless he is a qualified
elector of the district.
6. The board of county commissioners of the county vested with
jurisdiction pursuant to NRS 318.050
may remove any trustee serving on an appointed or elected board of
trustees for cause shown, on petition, hearing and notice thereof by
publication and by mail addressed to the trustee.
(Added to NRS by 1959, 461; A 1965, 1079; 1967, 1687; 1971, 1047;
1977, 529; 1983, 1282; 1989, 1878; 1995, 175)
Except as otherwise provided in
NRS 318.0953 and 318.09533 :
1. After taking oaths and filing bonds, the board shall choose one
of its members as chairman of the board and president of the district,
and shall elect a secretary and a treasurer of the board and of the
district, who may or may not be members of the board. The secretary and
the treasurer may be one person.
2. The board shall adopt a seal.
3. The secretary shall keep audio recordings or transcripts of all
meetings and, in a well-bound book, a record of all of the board’s
proceedings, minutes of all meetings, any certificates, contracts, bonds
given by employees and all corporate acts. Except as otherwise provided
in NRS 241.035 , the book, audio
recordings, transcripts and records must be open to inspection of all
owners of real property in the district as well as to all other
interested persons.
4. The treasurer shall keep strict and accurate accounts of all
money received by and disbursed for and on behalf of the district in
permanent records. He shall file with the county clerk, at the expense of
the district, a corporate surety bond in an amount not more than $50,000,
the form and exact amount thereof to be approved and determined,
respectively, by the board of county commissioners, conditioned for the
faithful performance of the duties of his office. Any other officer or
trustee who actually receives or disburses money of the district shall
furnish a bond as provided in this subsection. The board of county
commissioners may, upon good cause shown, increase or decrease the amount
of that bond.
5. Except as otherwise provided in this subsection, each member of
a board of trustees of a district organized or reorganized pursuant to
this chapter may receive as compensation for his service not more than
$6,000 per year. Each member of a board of trustees of a district that is
organized or reorganized pursuant to this chapter and which is granted
the powers set forth in NRS 318.140 ,
318.142 and 318.144 may receive as compensation for his service
not more than $9,000 per year. The compensation of the members of a board
is payable monthly, if the budget is adequate and a majority of the
members of the board vote in favor of such compensation, but no member of
the board may receive any other compensation for his service to the
district as an employee or otherwise. Each member of the board must
receive the same amount of compensation. If a majority of the members of
the board vote in favor of an increase in the compensation of the
trustees, the increase may not become effective until January 1 of the
calendar year immediately following the next biennial election of the
district as set forth in NRS 318.095 .
(Added to NRS by 1959, 461; A 1965, 1079; 1967, 59, 1688; 1968, 58;
1969, 817; 1975, 136; 1977, 250; 1985, 1798; 2005, 726 , 1410 )
Except as otherwise provided in NRS
318.0953 and 318.09533 :
1. The board shall, by resolution, designate the place where the
office or principal place of the district is to be located, which must be
within the corporate limits of the district, and which may be changed by
resolution of the board. Copies of all those resolutions must be filed
with the county clerk or clerks of the county or counties wherein the
district is located within 5 days after their adoption. The official
records and files of the district must be kept at that office and must be
open to public inspection as provided in NRS 239.010 .
2. The board of trustees shall meet regularly at least once each
year, and at such other times at the office or principal place of the
district as provided in the bylaws.
3. Special meetings may be held on notice to each member of the
board as often as, and at such places within the district as, the needs
of the district require.
4. Three members of the board constitute a quorum at any meeting.
5. A vacancy on the board must be filled by a qualified elector of
the district chosen by the remaining members of the board, the appointee
to act until a successor in office qualifies as provided in NRS 318.080
on or after the first Monday in January
next following the next biennial election, held in accordance with NRS
318.095 , at which election the vacancy
must be filled by election if the term of office extends beyond that
first Monday in January. Nominations of qualified electors of the
district as candidates to fill unexpired terms of 2 years may be made the
same as nominations for regular terms of 4 years, as provided in NRS
318.095 . If the board fails, neglects
or refuses to fill any vacancy within 30 days after the vacancy occurs,
the board of county commissioners shall fill that vacancy.
6. Each term of office of 4 years terminates on the first Monday
in January next following the general election at which a successor in
office is elected, as provided in NRS 318.095 . The successor’s term of office commences then
or as soon thereafter as the successor qualifies as provided in NRS
318.080 , subject to the provisions in
this chapter for initial appointments to a board, for appointments to
fill vacancies of unexpired terms, and for the reorganizations of
districts under this chapter which were organized under other chapters of
NRS.
(Added to NRS by 1959, 461; A 1967, 1688; 1971, 1048; 1985, 1799;
1989, 1878; 1995, 176)
Except as otherwise provided in NRS
318.0953 :
1. There must be held simultaneously with the first general
election in the county after the creation of the district and
simultaneously with every general election thereafter an election to be
known as the biennial election of the district. The election must be
conducted under the supervision of the county clerk or registrar of
voters. A district shall reimburse the county clerk or registrar of
voters for the costs he incurred in conducting the election for the
district.
2. The office of trustee is a nonpartisan office. The general
election laws of this State govern the candidacy, nominations and
election of a member of the board. The names of the candidates for
trustee of a district may be placed on the ballot for the primary or
general election.
3. At the first biennial election in any district organized or
reorganized and operating under this chapter, and each fourth year
thereafter, there must be elected by the qualified electors of the
district two qualified electors as members of the board to serve for
terms of 4 years. At the second biennial election and each fourth year
thereafter, there must be so elected three qualified electors as members
of the board to serve for terms of 4 years.
4. The secretary of the district shall give notice of election by
publication, and shall arrange such other details in connection therewith
as the county clerk or registrar of voters may direct.
5. Any new member of the board must qualify in the same manner as
members of the first board qualify.
(Added to NRS by 1959, 461; A 1967, 1689; 1969, 59; 1971, 1049;
1977, 530; 1981, 193; 1985, 1800; 1987, 699; 1989, 1879; 1995, 177)
Except as
otherwise provided in NRS 318.0952 or
318.0953 :
1. Each trustee elected at any biennial election must be chosen by
a plurality of the qualified electors of the district voting on the
candidates for the vacancies to be filled.
2. If there are two regular terms which end on the first Monday in
January next following the biennial election, the two qualified electors
receiving the highest and next highest number of votes must be elected.
If there are three regular terms so ending, the three qualified electors
receiving the highest, next highest and third highest number of votes
must be elected.
3. If there is a vacancy in an unexpired regular term to be filled
at the biennial election, as provided in subsection 5 of NRS 318.090
, the candidate who receives the highest
number of votes, after there are chosen the successful candidates to fill
the vacancies in expired regular terms as provided in subsection 2, must
be elected.
(Added to NRS by 1967, 1690; A 1969, 24; 1971, 1049; 1985, 1800;
1989, 1880; 1995, 177)
Except as otherwise provided in NRS 318.0953 :
1. Trustees may be elected in the alternate manner provided in
this section from election areas within the district.
2. Within 30 days before May 1 of any year in which a general
election is to be held in the State, 10 percent or more of the qualified
electors of the district voting at the next preceding biennial election
of the district may file a written petition with the board of county
commissioners of the county vested with jurisdiction under NRS 318.050
praying for the creation of election
areas within the district in the manner provided in this section. The
petition must specify with particularity the five areas proposed to be
created. The description of the proposed election areas need not be given
by metes and bounds or by legal subdivisions, but must be sufficient to
enable a person to ascertain what territory is proposed to be included
within a particular area. The signatures to the petition need not all be
appended to one paper, but each signer must add to his name his place of
residence, giving the street and number whenever practicable. One of the
signers of each paper shall take an oath, before a person competent to
administer oaths, that each signature to the paper appended is the
genuine signature of the person whose name it purports to be.
3. Immediately after the receipt of the petition, the board of
county commissioners shall fix a date for a public hearing to be held
during the month of May, and shall give notice thereof by publication at
least once in a newspaper published in the county, or if no such
newspaper is published therein then in a newspaper published in the State
of Nevada and having a general circulation in the county. The costs of
publication of that notice are a proper charge against the district fund.
4. If, as a result of the public hearing, the board of county
commissioners finds that the creation of election areas within the
district is desirable, the board of county commissioners shall, by
resolution regularly adopted before June 1, divide the district into the
areas specified in the petition, designate them by number and define
their boundaries. The territory comprising each election area must be
contiguous. One trustee must be elected from each election area by a
majority of the qualified electors voting on the candidates for any
vacancy for that area as provided in subsection 7.
5. Before June 1 and immediately following the adoption of the
resolution creating election areas within a district, the clerk of the
board of county commissioners shall transmit a certified copy of the
resolution to the secretary of the district.
6. Upon the creation of election areas within a district, the
terms of office of all trustees then in office expire on the first Monday
of January thereafter next following a biennial election. At the biennial
election held following the creation of election areas within a district,
district trustees to represent the odd-numbered election areas must be
elected for terms of 4 years and district trustees to represent the
even-numbered election areas must be elected for terms of 2 years.
Thereafter, at each biennial election, the offices of trustees must be
filled for terms of 4 years in the order in which the terms of office
expire.
7. Candidates for election as a trustee representing any election
area must be elected only by those qualified electors of the district
residing in that area. No qualified elector may vote in more than one
election area at any one time.
8. A candidate for the office of trustee of a district in which
election areas have been created must be a qualified elector of the
district and must be a resident of the election area which he seeks to
represent.
9. Election areas may be altered or abolished in the same manner
as provided in this section for the creation of election areas and the
election of trustees therefor.
(Added to NRS by 1967, 1690; A 1971, 1050; 1977, 530; 1985, 1800;
1989, 1880; 1995, 177)
In any election
for a general improvement district, if at 5:00 p.m. on the last day for
filing a declaration of candidacy or an acceptance of candidacy, there is
only one candidate nominated for the office, that candidate must be
declared elected and no election may be held for that office.
(Added to NRS by 1989, 2174)
1. Any person residing within a district who is otherwise
qualified to vote at general elections in this state may register to vote
in district elections by appearing before the county clerk or registrar
of voters of the county in which the district is located and completing
an application to register to vote in accordance with the general
election laws of this state. Registration for a district election which
is not held simultaneously with a general election must close at 5 p.m.
of the fifth Friday preceding the district election and registration
offices must be open from 9 a.m. to 5 p.m., excluding Saturdays, during
the last days before the close of registration. If a person residing
within a district is otherwise registered to vote, new registration for
district elections is not required.
2. The county clerk or registrar of voters shall, at the expense
of the district, prepare and maintain a list of all registered voters
residing within the district. The county clerk or registrar of voters is
entitled to receive on behalf of the county the sum of 15 cents for each
registration placed on the list. All money so received must be deposited
to the credit of the general fund of the county.
3. Whenever a district election is required the county clerk or
registrar of voters shall submit the current list, showing all persons
who are registered to vote in that election, to the election officers who
are charged with the duty of conducting the required election.
(Added to NRS by 1977, 524; A 1979, 569, 1258; 1995, 2282)
1. In every county whose population is 400,000 or more, the board
of county commissioners is, and in counties whose population is less than
400,000 the board of county commissioners may be, ex officio, the board
of trustees of each district organized or reorganized pursuant to this
chapter and authorized to exercise the basic power of furnishing
facilities for sewerage as provided in NRS 318.140 , without regard to whether the district is
also authorized to furnish facilities for storm drainage, but excluding
any district which is authorized, in addition to those basic powers, to
exercise any one or more other basic powers designated in this chapter,
except as provided in subsections 2 and 4.
2. The board of county commissioners of any county may be, at its
option, ex officio, the board of trustees of any district organized or
reorganized pursuant to this chapter and authorized to exercise the basic
power of furnishing facilities for water as provided in NRS 318.144
, or, furnishing both facilities for
water and facilities for sewerage as provided in NRS 318.144 and 318.140 ,
respectively, without regard to whether the district is also authorized
to furnish facilities for storm drainage, but excluding any district
which:
(a) Is authorized, in addition to its basic powers, to exercise any
one or more other basic powers designated in this chapter.
(b) Is organized or reorganized pursuant to this chapter, the
boundaries of which include all or a portion of any incorporated city or
all or a portion of a district for water created by special law.
3. In every county whose population is less than 100,000, the
board of county commissioners may be, ex officio, the board of trustees
of each district organized or reorganized pursuant to this chapter and
authorized to exercise the basic power of furnishing emergency medical
services as provided in NRS 318.1185 ,
which district may overlap the territory of any district authorized to
exercise any one or more other basic powers designated in this chapter.
4. A board of county commissioners may exercise the options
provided in subsections 1, 2 and 3 by providing in the ordinance creating
the district or in an ordinance thereafter adopted at any time that the
board is, ex officio, the board of trustees of the district. The board of
county commissioners shall, in the former case, be the board of trustees
of the district when the ordinance creating the district becomes
effective, or in the latter case, become the board of the district 30
days after the effective date of the ordinance adopted after the creation
of the district. In the latter case within the 30-day period the county
clerk shall promptly cause a copy of the ordinance to be:
(a) Filed in his office;
(b) Transmitted to the secretary of the district; and
(c) Filed in the Office of the Secretary of State without the
payment of any fee and otherwise in the same manner as articles of
incorporation are required to be filed under chapter 78 of NRS.
(Added to NRS by 1967, 1691; A 1969, 1540; 1971, 1051; 1975, 541;
1977, 532, 929; 1979, 535; 1983, 1283; 1985, 1802; 1989, 1919)
1. When the board of trustees of any district is constituted
pursuant to NRS 318.0953 , the
following special provisions apply and supersede the corresponding
provisions of NRS 318.080 to 318.09525
, inclusive, 318.0954 and 318.0955 :
(a) The members need not file the oath of office or bond required
by NRS 318.080 .
(b) The members of the board of county commissioners may receive no
additional compensation as trustees of the district.
(c) The chairman of the board of county commissioners may be
chairman of the board of trustees and president of the district, or the
board of county commissioners may, at its first meeting in January of
each year, designate another of its members to serve as chairman of the
board of trustees and president of the district for a term of 1 year.
(d) The vice chairman of the board of county commissioners may be
vice chairman of the board of trustees and vice president of the
district, or the board of county commissioners may, at its first meeting
in January of each year, designate another of its members to serve as
vice chairman of the board of trustees and vice president of the district
for a term of 1 year.
(e) The secretary and treasurer of the district shall not be
members of the board of county commissioners. The board may designate the
county clerk and county treasurer, respectively, to act ex officio as
secretary and treasurer, or it may designate some other person to fill
either or both of those offices. No additional bond may be required of
the county treasurer as ex officio district treasurer nor of any other
county officer appropriately bonded as ex officio a district officer.
(f) The secretary and treasurer shall perform the duties prescribed
in subsections 3 and 4 of NRS 318.085 .
(g) No member of the board of county commissioners may be removed
from the office of trustee under NRS 318.080 , but any member is automatically removed from
that office upon his removal from the office of county commissioner in
the manner provided by law.
(h) The regular place of meeting of the board need not be within
the corporate limits of the district but must be within the corporate
limits of the county and be the regular meeting place of the board of
county commissioners unless the board otherwise provides by resolution.
(i) The times of regular meetings of the board must be the same as
the times of the regular meetings of the board of county commissioners
unless the board otherwise provides by resolution.
(j) Special meetings may be held on notice to each member of the
board as often as, and at such place or places within the county as, the
board may determine, unless it otherwise provides by resolution.
(k) The office or principal place of the district need not be
located within the corporate limits of the district and must be the
office of the county clerk unless the board otherwise provides by
resolution.
2. Each board of county commissioners may, by resolution,
designate the district’s name which may be used for all purposes
including contracts, lawsuits or in the performance of its duties or
exercises of its functions.
3. The board may enter into contracts extending beyond the terms
of each member then serving on the board if the contract is entered into
in the manner provided for a board of county commissioners in NRS 244.320
.
(Added to NRS by 1983, 1286)
1. Whenever a board of county commissioners is the board of
trustees of any district organized or reorganized pursuant to this
chapter or is exercising any powers pursuant to NRS 244.157 , the board may by ordinance establish a local
district managing board for the district.
2. Such a local district managing board must consist of not less
than 5 members and not more than 12 members who are qualified electors of
the district. The members must be:
(a) Appointed by the board of county commissioners; or
(b) Elected by the qualified electors of the district.
3. If the local district managing board is elective, the initial
appointments and subsequent elections must be conducted in the manner
provided in this chapter for trustees of a district.
4. An ordinance establishing a local district managing board must:
(a) Provide for the compensation which members of the board are to
receive for their services;
(b) Provide for the terms of office for the members of the board;
(c) Contain a recital of the powers delegated and duties assigned
by the board of county commissioners to the local district managing
board; and
(d) Provide that the local district managing board does not have
the power to tax, issue bonds or call for an election for the issuance of
bonds. All taxes must be levied and bonds issued by the board of county
commissioners as generally provided in this chapter.
5. Any vacancy on the board must be filled by a qualified elector
of the district who is appointed by the board of county commissioners. If
the local district managing board is appointive, the person appointed to
fill the vacancy must be appointed to serve the remainder of the
unexpired term. If the board is elective, the appointee must be appointed
to serve until the first Monday in January when his successor in office,
elected at the biennial election next following the vacancy, qualifies.
6. The local district managing board may be dissolved by the board
of county commissioners after notice and hearing whenever the board of
county commissioners determines:
(a) The local district managing board is no longer necessary; or
(b) The services of the district can be more effectively performed
by another district.
(Added to NRS by 1977, 523; A 1987, 127; 1991, 1707)
1. The governing body of any district organized or reorganized
under and operating as provided in any chapter in title 25 of NRS,
excluding chapters 309 , 315 and 318 of NRS, must be
designated a board of trustees and shall reorganize as provided in this
section so that after the transitional period the board consists of five
qualified electors from time to time chosen as provided in NRS 318.095
and other provisions of this chapter
supplemental thereto.
2. No existing member of any such governing body may be required
to resign from the board before the termination of his current term of
office in the absence of any disqualification as a member of the
governing body under such chapter in title 25 of NRS, excluding chapters
309 , 315 and 318
of NRS. If a regular term of office of any
member of any such governing body would terminate on other than the first
Monday of January next following a biennial election in the absence of
the adoption of this law, the term must be extended to and terminate on
the first Monday in January next following a biennial election and
following the date on which the term would have ended.
3. If the members of any such governing body at any time number
less than five, the number of trustees must be increased to five by
appointment, or by both appointment and election, as provided in NRS
318.090 , 318.095 and 318.0951 .
4. In no event may any successor trustee be elected or appointed
to fill any purported vacancy in any unexpired term or in any regular
term which successor will increase the trustees on a board to a number
exceeding five nor which will result in less than two regular terms of
office or more than three regular terms of office ending on the first
Monday in January next following any biennial election.
5. Nothing in this section:
(a) Prevents the reorganization of a board by division of the
district into district trustee election districts pursuant to NRS
318.0952 .
(b) Supersedes the provisions of NRS 318.0953 or 318.09533 .
(Added to NRS by 1967, 1692; A 1971, 1053; 1983, 1285)
Members of the board of trustees
are subject to recall from office pursuant to the provisions of the
Constitution and statutes of this state.
(Added to NRS by 1967, 1716)
1. Except as provided in subsection 2, no member of the board may
be interested, directly or indirectly, in any property purchased for the
use of the district, or in any purchase or sale of property belonging to
the district, or in any contract made by the district for the acquisition
of any project or improvement by the district.
2. The board may purchase supplies or contract for services for
the district from one of its members, when not to do so would be a great
inconvenience, but the member from whom the supplies are to be bought or
with whom the contract for services is to be made shall not vote upon the
allowance of the purchase or contract. If the purchase is made or
contract let by competitive bidding, the bid of a member of the board may
be accepted only if he is the lowest responsible bidder.
3. A member of the board who violates the provisions of subsection
1 is guilty of a gross misdemeanor and shall be further punished as
provided in NRS 197.230 .
(Added to NRS by 1967, 1716; A 1979, 791)
1. Except as provided in subsection 2, it is unlawful for a member
of the board:
(a) To become a contractor under any contract or order for supplies
or any other kind of contract authorized by the board of which he is a
member, or to be in any manner interested, directly or indirectly, as
principal, in any kind of contract so authorized.
(b) To be interested in any contract made by the board of which he
is a member, or to be a purchaser or to be interested in any purchase or
sale made by the board of which he is a member.
2. The board may purchase supplies or contract for services for
the district from one of its members, when not to do so would be a great
inconvenience, but the member from whom the supplies are to be bought or
with whom the contract for services is to be made shall not vote upon the
allowance of the purchase or contract. If the purchase is made or
contract let by competitive bidding, the bid of a member of the board may
be accepted only if he is the lowest responsible bidder.
3. Any contract made in violation of the provisions of subsection
1 may be declared void at the instance of the district or of any other
person interested in the contract except the member of the board
prohibited in subsection 1 from making or being interested in the
contract.
4. A member of the board who violates the provisions of subsection
1, directly or indirectly, is guilty of a gross misdemeanor and shall be
further punished as provided in NRS 197.230 .
(Added to NRS by 1967, 1716; A 1979, 791)
1. The board of trustees of any district may request, in writing,
assistance from any elected or appointed officer of the county in which
the district is located.
2. The officer shall furnish the requested assistance, after an
agreement has been reached concerning the amount of money which the board
of trustees shall pay for the assistance. The cost shall not be more than
the actual additional expense necessitated by the request.
3. The board shall, by a resolution spread upon its minutes, order
payment made in the amount, in each case, which was agreed upon by the
board of trustees and the officer furnishing the assistance.
(Added to NRS by 1965, 1088; A 1977, 424)
1. For and on behalf of the district the board shall have each of
the basic powers enumerated in this chapter and designated in the
organizational proceedings of the district and in any reorganizational
proceedings of the district taken pursuant to NRS 318.077 and other provisions supplemental thereto in
this chapter, or otherwise authorized by law. Except as otherwise
provided in this chapter the board may construct or otherwise acquire any
improvement appertaining to any such basic power which the district may
exercise and may finance the costs of any such improvement by any of the
procedures provided in this chapter. When it is proposed to construct an
improvement the work shall be performed as provided in this chapter.
2. The district may also furnish services pertaining to any such
basic power which the district may exercise.
(Added to NRS by 1959, 462; A 1963, 631; 1967, 1692)
1. As an alternate procedure for constructing or otherwise
acquiring, improving or converting any public improvement (or any
combination thereof), and for defraying all the cost thereof or any
portion of the cost thereof not to be defrayed with moneys otherwise
available therefor by the levy of special assessments against assessable
property specially benefited thereby and the collection of such
assessments and the issuance of special obligation bonds primarily
payable from such special assessments payable in installments (to
implement any one, all or any combination of basic powers stated in NRS
318.116 and granted to any district in
proceedings for its organization or in any proceedings for its
reorganization or as may be otherwise provided by law), as the board of
the district determines, the district, acting by and through the board,
is vested with the powers granted to municipalities by chapters 271
and 704A of
NRS, and in any proceedings thereunder the district, other public bodies,
district officials, and other public officials are subject to the rights,
privileges, immunities, liabilities, duties, disabilities, limitations
and other details provided therein.
2. For purposes of this section, in any proceedings under chapters
271 and 704A of
NRS:
(a) “Clerk” means the de jure or de facto secretary of the district.
(b) “Governing body” means the district’s board.
(c) “Municipality” means the district and “municipal” means
pertaining to the district; except that where the context so indicates,
“municipality” means the geographical area comprising the district.
(d) “Ordinance” means a resolution of the district.
(Added to NRS by 1975, 854)
[Effective upon proclamation by Governor of
withdrawal of California from Tahoe Regional Planning Compact or of his
finding that the Tahoe Regional Planning Agency has become unable to
perform its duties or exercise its powers.] In the region of this state
for which there has been established by NRS 278.780 to 278.828 ,
inclusive, a regional planning agency, the powers of any district
organized, reorganized or required to reorganize under this chapter with
respect to the location and construction of all improvements are
subordinate to the powers of such regional planning agency.
(Added to NRS by 1969, 51; A 1979, 1133, effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers)
In any region of this state for which there has been established
by interstate compact a regional planning agency, the powers of any
district organized, reorganized or required to reorganize under this
chapter with respect to the location and construction of all improvements
are subordinate to the powers of such regional planning agency.
(Added to NRS by 1968, 14)
Subject to the
limitations of this chapter, the board shall have perpetual existence.
(Added to NRS by 1959, 462)
The board shall have the power to
have and use a corporate seal.
(Added to NRS by 1959, 462)
The board shall have
the power to sue and be sued, and be a party to suits, actions and
proceedings.
(Added to NRS by 1959, 462)
Any
one, all or any combination of the following basic powers may be granted
to a district in proceedings for its organization, or its reorganization
pursuant to NRS 318.077 and all
provisions in this chapter supplemental thereto, or as may be otherwise
provided by statute:
1. Furnishing electric light and power, as provided in NRS 318.117
;
2. Extermination and abatement of mosquitoes, flies, other
insects, rats, and liver fluke or Fasciola hepatica, as provided in NRS
318.118 ;
3. Furnishing facilities or services for public cemeteries, as
provided in NRS 318.119 ;
4. Furnishing facilities for swimming pools, as provided in NRS
318.1191 ;
5. Furnishing facilities for television, as provided in NRS
318.1192 ;
6. Furnishing facilities for FM radio, as provided in NRS 318.1187
;
7. Furnishing streets and alleys, as provided in NRS 318.120
;
8. Furnishing curbs, gutters and sidewalks, as provided in NRS
318.125 ;
9. Furnishing sidewalks, as provided in NRS 318.130 ;
10. Furnishing facilities for storm drainage or flood control, as
provided in NRS 318.135 ;
11. Furnishing sanitary facilities for sewerage, as provided in
NRS 318.140 ;
12. Furnishing facilities for lighting streets, as provided in NRS
318.141 ;
13. Furnishing facilities for the collection and disposal of
garbage and refuse, as provided in NRS 318.142 ;
14. Furnishing recreational facilities, as provided in NRS 318.143
;
15. Furnishing facilities for water, as provided in NRS 318.144
;
16. Furnishing fencing, as provided in NRS 318.1195 ;
17. Furnishing facilities for protection from fire, as provided in
NRS 318.1181 ;
18. Furnishing energy for space heating, as provided in NRS
318.1175 ;
19. Furnishing emergency medical services, as provided in NRS
318.1185 ;
20. Control and eradication of noxious weeds, as provided in
chapter 555 of NRS; and
21. Establishing, controlling, managing and operating an area or
zone for the preservation of one or more species or subspecies of
wildlife that has been declared endangered or threatened pursuant to the
federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq., as
provided in NRS 318.1177 .
(Added to NRS by 1967, 1693; A 1969, 201; 1971, 261; 1977, 533;
1979, 571; 1985, 1803; 1989, 1881; 1993, 2783; 1995, 179, 1905; 1997,
483; 2001, 2083 ; 2003, 1513 )
If a district is created,
wholly or in part, to furnish electric light and power, the board may:
1. Acquire, by purchase, condemnation or other legal means, all
lands, rights and other property necessary for the construction, use and
supply, operation, maintenance, repair and improvement of the works of
the district, including, without limitation, the plant, works, system,
facilities or properties, together with all parts thereof, the
appurtenances thereto, including contract rights, used and useful
primarily for the production, transmission or distribution of electric
energy to or for the public for any purpose, works constructed and being
constructed by private owners, and all other works and appurtenances,
either within or without the State of Nevada.
2. Furnish, deliver and sell to the public, and to any
municipality and to the State and any public institution, heat, light and
power service and any other service, commodity or facility which may be
produced or furnished in connection therewith.
3. Purchase generating capacity on the terms set forth in
subsection 3 of NRS 244A.699 .
(Added to NRS by 1967, 1693; A 1985, 642; 2001, 2083 )
A board of trustees may
develop natural sources of energy for and supply the energy for space
heating.
(Added to NRS by 1979, 572)
In the case of a district created
wholly or in part for the establishment of an area or zone for the
preservation of one or more species or subspecies of wildlife that has
been declared endangered or threatened pursuant to the federal Endangered
Species Act of 1973, 16 U.S.C. §§ 1531 et seq., the board shall have the
power to:
1. Establish, control, manage and operate or provide money for the
establishment, control, management and operation of the area or zone.
2. Purchase, sell, exchange or lease real property, personal
property and other interests in property, except water rights, as
necessary for the establishment, control, management and operation of the
area or zone.
(Added to NRS by 2003, 1513 )
1. In the case of a district created wholly or in part for
exterminating and abating mosquitoes, flies, other insects, rats, and
liver fluke or Fasciola hepatica, the board may:
(a) Take all necessary or proper steps for the extermination of
mosquitoes, flies, other insects, rats, or liver fluke or Fasciola
hepatica in the district or in territory not in the district but so
situated with respect to the district that mosquitoes, flies, other
insects, rats, or liver fluke or Fasciola hepatica from that territory
migrate or are caused to be carried into the district;
(b) Subject to the paramount control of any county or city in which
the district has jurisdiction, abate as nuisances all stagnant pools of
water and other breeding places for mosquitoes, flies, other insects,
rats, or liver fluke or Fasciola hepatica in the district or in territory
not in the district but so situated with respect to the district that
mosquitoes, flies, other insects, rats, or liver fluke or Fasciola
hepatica from that territory migrate or are caused to be carried into the
district;
(c) If necessary or proper, in the furtherance of the objects of
this chapter, build, construct, repair and maintain necessary dikes,
levees, cuts, canals or ditches upon any land, and acquire by purchase,
condemnation or by other lawful means, in the name of the district, any
lands, rights-of-way, easements, property or material necessary for any
of those purposes;
(d) Make contracts to indemnify or compensate any owner of land or
other property for any injury or damage necessarily caused by the use or
taking of property for dikes, levees, cuts, canals or ditches;
(e) Enter upon without hindrance any lands, within or without the
district, for the purpose of inspection to ascertain whether breeding
places of mosquitoes, flies, other insects, rats, or liver fluke or
Fasciola hepatica exist upon those lands;
(f) Abate public nuisances in accordance with this chapter;
(g) Ascertain if there has been a compliance with notices to abate
the breeding of mosquitoes, flies, other insects, rats, or liver fluke or
Fasciola hepatica upon those lands;
(h) Treat with oil, other larvicidal material, or other chemicals
or other material any breeding places of mosquitoes, flies, other
insects, rats, or liver fluke or Fasciola hepatica upon those lands;
(i) Sell or lease any land, rights-of-way, easements, property or
material acquired by the district; and
(j) Sell real property pursuant to this subsection to the highest
bidder at public auction after 5 days’ notice given by publication.
2. In connection with the basic power stated in this section, the
district may:
(a) Levy annually a general ad valorem property tax of not
exceeding:
(1) Fifteen cents on each $100 of assessed valuation of
taxable property; or
(2) Twenty cents on each $100 of assessed valuation of
taxable property if the board of county commissioners of each county in
which the district is located approves such a tax in excess of 15 cents
on each $100 of assessed valuation of taxable property.
(b) Levy a tax in addition to a tax authorized in paragraph (a), if
the additional tax is authorized by the qualified electors of the
district, as provided in subsections 4 to 7, inclusive.
3. The proceeds of any tax levied pursuant to the provisions of
this section must be used for purposes pertaining to the basic purpose
stated in this section, including, without limitation, the establishment
and maintenance of:
(a) A cash-basis fund of not exceeding in any fiscal year 60
percent of the estimated expenditures for the fiscal year to defray
expenses between the beginning of the fiscal year and the respective
times tax proceeds are received in the fiscal year; and
(b) An emergency fund of not exceeding in any fiscal year 25
percent of the estimated expenditures for the fiscal year to defray
unusual and unanticipated expenses incurred during epidemics or
threatened epidemics from diseases from sources which the district may
exterminate or abate.
4. Whenever it appears to the board of a district authorized to
exercise the basic power stated in subsection 1 that the amount of money
required during an ensuing fiscal year will exceed the amount that can be
raised by a levy permitted by paragraph (a) of subsection 2, the board
may:
(a) At a special election or the next primary or general election
submit to the qualified electors of the district a question of whether a
tax shall be voted for raising the additional money;
(b) Provide the form of the ballot for the election, which must
contain the words “Shall the district vote a tax to raise the additional
sum of ........?” or words equivalent thereto;
(c) Provide the form of the notice of the election and provide for
the notice to be given by publication; and
(d) Arrange other details in connection with the election.
5. A special election may be held only if the board determines, by
a unanimous vote, that an emergency exists. The determination made by the
board is conclusive unless it is shown that the board acted with fraud or
a gross abuse of discretion. An action to challenge the determination
made by the board must be commenced within 15 days after the board’s
determination is final. As used in this subsection, “emergency” means any
unexpected occurrence or combination of occurrences which requires
immediate action by the board to prevent or mitigate a substantial
financial loss to the district or to enable the board to provide an
essential service to the residents of the district.
6. Except as otherwise provided in this chapter:
(a) The secretary of the district shall give notice of the election
by publication and shall arrange such other details in connection with
the election as the board may direct;
(b) The election board officers shall conduct the election in the
manner prescribed by law for the holding of general elections and shall
make their returns to the secretary of the district; and
(c) The board shall canvass the returns of the election at any
regular or special meeting held within 5 days following the date of the
election, or at such later time as the returns are available for canvass,
and shall declare the results of the election.
7. If a majority of the qualified electors of the district who
voted on any proposition authorizing the additional tax voted in favor of
the proposition, and the board so declares the result of the election:
(a) The district board shall report the result to the board of
county commissioners of the county in which the district is situated,
stating the additional amount of money required to be raised. If the
district is in more than one county the additional amount must be
prorated for each county by the district board in the same way that the
district’s original total estimate of money is prorated, and the district
board shall furnish the board of county commissioners and auditor of each
county a written statement of the apportionment for that county; and
(b) The board of county commissioners of each county receiving the
written statement shall, at the time of levying county taxes, levy an
additional tax upon all the taxable property of the district in the
county sufficient to raise the amount apportioned to that county for the
district.
8. The district shall not:
(a) Borrow money except for medium-term obligations pursuant to
chapter 350 of NRS;
(b) Levy special assessments; or
(c) Fix any rates, fees or other charges except as otherwise
provided in this section.
9. The district may determine to cause an owner of any real
property to abate any nuisance pertaining to the basic power stated in
this section, after a hearing on a proposal for such an abatement and
notice thereof by mail addressed to the last known owner or owners of
record at his or their last known address or addresses, as ascertained
from any source the board deems reliable, or in the absence of the
abatement within a reasonable period fixed by the board, to cause the
district to abate the nuisance, as follows:
(a) At the hearing the district board shall redetermine whether the
owner must abate the nuisance and prevent its recurrence, and shall
specify a time within which the work must be completed;
(b) If the nuisance is not abated within the time specified in the
notice or at the hearing, the district board shall abate the nuisance by
destroying the larvae or pupae, or otherwise, by taking appropriate
measures to prevent the recurrence of further breeding;
(c) The cost of abatement must be repaid to the district by the
owner;
(d) The money expended by the district in abating a nuisance or
preventing its recurrence is a lien upon the property on which the
nuisance is abated or its recurrence prevented;
(e) Notice of the lien must be filed and recorded by the district
board in the office of the county recorder of the county in which the
property is situated within 6 months after the first item of expenditure
by the board;
(f) An action to foreclose the lien must be commenced within 6
months after the filing and recording of the notice of lien;
(g) The action must be brought by the district board in the name of
the district;
(h) When the property is sold, enough of the proceeds to satisfy
the lien and the costs of foreclosure must be paid to the district and
the surplus, if any, must be paid to the owner of the property if known,
and if not known, must be paid into the court in which the lien was
foreclosed for the use of the owner if ascertained; and
(i) The lien provisions of this section do not apply to the
property of any county, city, district or other public corporation,
except that the governing body of the county, city, district or other
public corporation shall repay to any district exercising the basic power
stated in subsection 1 the amount expended by the district upon any of
its property pursuant to this chapter upon presentation by the district
board of a verified claim or bill.
(Added to NRS by 1967, 1694; A 1973, 13; 1993, 1061; 1995, 1815)
In the case of a district
created wholly or in part for the purpose of furnishing fire protection,
the board may:
1. Acquire fire protection equipment and acquire, construct or
improve fire protection facilities and make improvements necessary and
incidental thereto;
2. Eliminate fire hazards existing within the district in the
manner prescribed in NRS 474.580 for
districts created pursuant to chapter 474 of
NRS;
3. Clear public highways and private lands of dry grass, stubble,
bushes, rubbish and other inflammable material which in its judgment
constitutes a fire hazard;
4. Coordinate fire protection activities with the State Forester
Firewarden and the Advisory Board on Natural Resources; and
5. Cooperate with the State Forester Firewarden and the Advisory
Board on Natural Resources in formulating a statewide plan for the
prevention and control of fires.
(Added to NRS by 1977, 525; A 1991, 382; 1993, 1554)
In the case of a
district created wholly or in part for furnishing emergency medical
services, the board may:
1. Acquire any equipment and property necessary for those services;
2. Hire and supervise emergency medical technicians certified
pursuant to chapter 450B of NRS and other
personnel necessary to carry out the functions of the district; and
3. Fix rates or charges for the use of the services furnished by
the district and change those rates or charges as it considers necessary.
(Added to NRS by 1985, 1798)
1. In the case of a district created wholly or in part for
acquiring facilities for FM radio, the board has the power to:
(a) Acquire broadcast, transmission and relay improvements for FM
radio.
(b) Levy special assessments against specially benefited real
property on which are located receivers operated within the district and
able to receive broadcasts of FM radio supplied by the district.
(c) Fix tolls, rates and other service or use charges for services
furnished by the district or facilities of the district, including,
without limitation, any one, all or any combination of the following:
(1) Flat rate charges;
(2) Charges classified by the number of receivers;
(3) Charges classified by the value of property served by
receivers of FM radio;
(4) Charges classified by the character of the property
served by receivers of FM radio;
(5) Minimum charges;
(6) Stand-by charges; or
(7) Other charges based on the availability of service.
2. The district does not have the power in connection with the
basic power stated in this section to:
(a) Borrow money which loan is evidenced by the issuance of any
general obligation bonds or other general obligations of the district.
(b) Rebroadcast an FM radio signal in a community served by a
commercial radio station licensed by the Federal Communications
Commission.
(Added to NRS by 1995, 1904)
In the case of a district created
wholly or in part for acquiring public cemetery improvements, the board
shall have the power to:
1. Maintain a cemetery for the use of all inhabitants of the
district, and for that purpose shall be capable of holding title to
property in trust for the district.
2. Levy annually, except for the payment of any outstanding
general obligation bonds of the district, a general (ad valorem) property
tax of not exceeding 2 mills on each dollar of assessed valuation of
taxable property, for purposes pertaining to the basic purpose stated in
this section.
3. Levy annually such a tax fully sufficient to pay the principal
of, interest on and any prior redemption premium due in connection with
any outstanding general obligation bonds pertaining to the basic purpose
stated in this section.
4. The district shall not have the power in connection with the
basic power stated in this section to:
(a) Levy special assessments; or
(b) Borrow money which loan is evidenced by the issuance of any
revenue bonds, special assessment bonds or other special obligations of
the district.
(Added to NRS by 1967, 1697; A 1969, 201)
1. In the case of a district created wholly or in part for
acquiring swimming pool improvements, the board shall have power to
acquire real property swimming pool improvements, appurtenant shower,
locker and other bathhouse facilities, and lighting, filtration and other
equipment pertaining thereto.
2. The district shall not have the power in connection with the
basic power stated in this section to:
(a) Levy special assessments; nor
(b) Borrow money which loan is evidenced by the issuance of any
special assessment bonds or other special obligations payable from
special assessments.
(Added to NRS by 1967, 1697)
In the
case of a district created wholly or in part for acquiring television
maintenance facilities, the board shall have power to:
1. Acquire television broadcast, transmission and relay
improvements.
2. Levy special assessments against specially benefited real
property on which are located television receivers operated within the
district and able to receive television broadcasts supplied by the
district.
3. Fix tolls, rates and other service or use charges for services
furnished by the district or facilities of the district, including,
without limitation, any one, all or any combination of the following:
(a) Flat rate charges;
(b) Charges classified by the number of receivers;
(c) Charges classified by the value of property served by
television receivers;
(d) Charges classified by the character of the property served by
television receivers;
(e) Minimum charges;
(f) Stand-by charges; or
(g) Other charges based on the availability of service.
4. The district shall not have the power in connection with the
basic power stated in this section to borrow money which loan is
evidenced by the issuance of any general obligation bonds or other
general obligations of the district.
(Added to NRS by 1967, 1697; A 1971, 204; 2001, 2084 )
No district proposing to furnish
television facilities, as provided in NRS 318.1192 , may be organized which includes any area
already served by a community antenna television company unless the
governing body of the local government which granted a franchise to the
community antenna television company determines that both the company and
the district may furnish service to that area.
(Added to NRS by 1967, 1229; A 1983, 2010; 1985, 2052)
1. In any area where a general improvement district has been
formed which exercises the powers conferred by NRS 318.1192 , in a county having a population of less than
100,000, no franchise may be granted pursuant to NRS 711.190 unless approved by the qualified electors of
the district.
2. The board of county commissioners of the county where such a
district is located shall order that the question of approval of the
franchise or certificate be voted upon by the qualified electors of the
district at a special election or the next primary or general election.
3. A special election may be held only if the board of county
commissioners determines, by a unanimous vote, that an emergency exists.
The determination made by the board of county commissioners is conclusive
unless it is shown that the board acted with fraud or a gross abuse of
discretion. An action to challenge the determination made by the board
must be commenced within 15 days after the board’s determination is
final. As used in this subsection, “emergency” means any unexpected
occurrence or combination of occurrences which requires immediate action
by the board of county commissioners to prevent or mitigate a substantial
financial loss to the district or county or to enable the board of
trustees to provide an essential service to the residents of the district.
(Added to NRS by 1969, 768; A 1969, 1545; 1979, 537; 1983, 2011;
1985, 2052; 1993, 1064)
In the case of a district created wholly or
in part for acquiring fencing improvements, the board shall have the
power to construct, reconstruct or replace fences for the protection of
any area within the district and to acquire improvements necessary
thereto.
(Added to NRS by 1971, 261)
1. In the case of a district created wholly or in part for
acquiring paving, the board shall have the power to grade and regrade and
to surface and to resurface streets, alleys and public highways, and
parts thereof, within the district, with suitable material, and to
acquire street and alley improvements necessary and incidental thereto.
2. Such street, alley and public highway improvements may include,
without limitation, grades, regrades, gravel, oiling, surfacing,
macadamizing, paving, crosswalks, driveway inlets, curb cuts, curbs,
sidewalks, gutters, valley gutters, catch basins, culverts, drains,
sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses,
tunnels, underpasses, approaches, artificial lights and lighting
equipment, grade separators, traffic separators, traffic-control
equipment, off-street parking facilities and structures, parkways, canals
and other water type streets, or any combination thereof.
(Added to NRS by 1959, 462; A 1971, 1053)
In the case of a
district created wholly or in part for acquiring curb and gutter, the
board shall have the power to improve streets within the district by
grading and regrading and by the construction and reconstruction of curb,
gutter and combined curb and gutter, in combination with sidewalk or
otherwise, and to acquire improvements necessary and incidental to the
foregoing improvements, including, without limiting the generality
thereof, drains, catch basins, valley gutters, driveway inlets and the
removal of existing improvements.
(Added to NRS by 1959, 462)
In the case of a district created wholly
or in part for acquiring sidewalk, the board shall have the power to
construct, reconstruct, replace or extend sidewalks, adjacent to or in
combination with curb and gutter or otherwise, within the district, and
to acquire improvements necessary and incidental thereto.
(Added to NRS by 1959, 462)
In the case of a
district created wholly or in part for acquiring, improving or operating
storm drainage or flood control improvements, the board may construct,
reconstruct, replace or extend storm sewer and other drainage or flood
control facilities and improvements necessary and incidental thereto
within the district, including, but not limited to, the laying of pipes
and the erection of catch basins, drains and necessary inlets and outlets.
(Added to NRS by 1959, 462; A 1991, 1708)
In the case of a
district created wholly or in part for acquiring sanitary sewer
improvements:
1. The board may:
(a) Construct, reconstruct, improve or extend the sanitary sewer
system or any part thereof, including, without limitation, mains,
laterals, wyes, tees, meters and collection, treatment and disposal
plants.
(b) Sell any product or by-product thereof and acquire the
appropriate outlets within or without the district and extend the sewer
lines of the district thereto.
(c) Enter into and perform, without any election, contracts or
agreements for a term not to exceed 50 years with any person or a public
agency, to provide the services, equipment or supplies necessary or
appropriate to conduct tests of the discharge of pollutants into the
state’s water and to report the results of those tests as required by
chapter 445A of NRS or the regulations
adopted thereunder. For the purposes of this paragraph, “public agency”
has the meaning ascribed to it in NRS 277.100 .
2. The provisions of chapters 332 and
339 of NRS do not apply to a contract under
which a private developer extends a sewer main to his development or
installs any appurtenances to that extension. Except as otherwise
provided in this subsection, the provisions of chapter 338 of NRS do not apply to such a contract. If the
developer does not pay all of the initial construction costs of the
extension, the provisions of NRS 338.013 to 338.090 ,
inclusive, apply to the contract.
(Added to NRS by 1959, 463; A 1967, 1711; 1971, 1053; 1977, 541;
1983, 1285; 1995, 12)
The board shall have the power
to acquire, construct, reconstruct, improve, extend or better a works,
system or facilities for lighting public streets, ways and places. It may
also, without calling for bids, contract for providing such facilities
and the electrical current necessary therefor, or such current, with any
public utility serving in the district, at uniform rates and charges
established for the utility operator.
(Added to NRS by 1963, 626)
The
board shall have the power to acquire, by purchase or lease, sites for
the disposal of garbage and refuse, and to own and operate equipment for
the collection and disposal of, and collect and dispose of, garbage and
refuse, or to contract, without calling for bids, for the collection and
disposal of garbage and refuse from within the district.
(Added to NRS by 1963, 626)
1. Subject to the provisions of subsection 2, the board may
acquire, construct, reconstruct, improve, extend and better lands, works,
systems and facilities for recreation.
2. If the proposed recreational facilities are situated within 7
miles from the boundary of an incorporated city or unincorporated town,
and if the county in which the proposed recreational facilities are
situated has adopted a recreation plan pursuant to NRS 278.010 to 278.630 ,
inclusive, the authority conferred by subsection 1 may be exercised only
in conformity with such plan.
3. Such recreational facilities may include without limitation
exposition buildings, museums, skating rinks, other type rinks,
fieldhouses, sports arenas, bowling alleys, swimming pools, stadiums,
golf courses, tennis courts, squash courts, other courts, ball fields,
other athletic fields, tracks, playgrounds, bowling greens, ball parks,
public parks, promenades, beaches, marinas, levees, piers, docks,
wharves, boat basins, boathouses, harborages, anchorages, gymnasiums,
appurtenant shower, locker and other bathhouse facilities, amusement
halls, dance halls, concert halls, theaters, auditoriums, aviaries,
aquariums, zoological gardens, biological gardens and vivariums (or any
combination thereof).
(Added to NRS by 1965, 1088; A 1967, 1714; 1971, 1054)
1. The board may acquire, construct, reconstruct, improve, extend
or better a works, system or facilities for the supply, storage and
distribution of water for private and public purposes.
2. The provisions of chapters 332 and
339 of NRS do not apply to a contract under
which a private developer constructs water facilities for his
development. Except as otherwise provided in this subsection, the
provisions of chapter 338 of NRS do not apply
to such a contract. If the developer does not pay all of the initial
construction costs of the facility, the provisions of NRS 338.013 to 338.090 ,
inclusive, apply to the contract.
(Added to NRS by 1961, 464; A 1967, 1712; 1971, 1054; 1973, 716;
1977, 542; 1995, 12)
In any county whose population is 400,000 or more:
1. Except as otherwise provided in subsection 2, nothing in this
chapter requires a district to furnish water for the purpose of filling
or maintaining a man-made lake or stream where that use of water is
prohibited or restricted by ordinance of:
(a) The county, if the man-made lake or stream is located within
the unincorporated areas of the county; or
(b) A city, if the man-made lake or stream is located within the
boundaries of the city.
2. The provisions of subsection 1 and of any ordinance referred to
in subsection 1 do not apply to:
(a) Water stored in a man-made reservoir for use in flood control,
in meeting peak water demands or for purposes relating to the treatment
of sewage;
(b) Water used in a mining reclamation project; or
(c) A body of water located in a recreational facility that is open
to the public and owned or operated by the United States or the State of
Nevada.
(Added to NRS by 1989, 1445)
The board shall have the power to operate, maintain and repair the
improvements acquired by the district, including, without limitation, the
maintenance and repair of dedicated streets and alleys and the removal of
snow therefrom, and all facilities of the district relating to any basic
power which the district is authorized to exercise, and in connection
therewith to exercise from time to time any one, all or any combination
of the incidental powers provided in this chapter and any law
supplemental thereto, except as may be otherwise provided in this chapter
or in any such supplemental law.
(Added to NRS by 1959, 463; A 1967, 1698; 2001, 2084 )
The board shall have the power to acquire, dispose of and encumber real
and personal property, and any interest therein, including leases,
easements, and revenues derived from the operation thereof. The
constitutional and inherent powers of the legislature are hereby
delegated to the board for the acquisition, disposal and encumbrance of
property; but the board shall in no case receive title to property
already devoted to public purpose or use, except with the consent of the
owners of such property, and except upon approval of a majority of the
board.
(Added to NRS by 1959, 464)
The board shall have the power to enter on any lands, waters and
premises for the purposes of making surveys, soundings, examinations,
tests and inspections.
(Added to NRS by 1959, 464)
1. The board may, in connection with a district with basic powers
relating to storm drainage facilities, sanitary sewer facilities, refuse
collection and disposal facilities, and water facilities, or any
combination of such facilities:
(a) Consult with the Health Division of the Department of Health
and Human Services about any system or proposed system of drainage or
sewage or garbage and other refuse collection and disposal as to the best
method of disposing of the district’s drainage or sewage or garbage and
other refuse with reference to the existing and future needs of other
cities, towns, districts or other persons which may be affected, and
submit to the Health Division for its advice and approval the district’s
proposed system of drainage or sewage or garbage and other refuse
disposal and collection, including without limitation both liquid wastes
and solid wastes.
(b) Except as limited by the provisions of paragraph (c), compel
all owners of inhabited property in the district to use the district’s
system for the collection and disposal of sewage, garbage and other
refuse, either as to liquid wastes, or solid wastes, or both liquid
wastes and solid wastes, by connection with the district’s sewer system
or otherwise, except for industrial property for which arrangements have
been made with local health authorities for the disposal of wastes.
(c) Cause a connection by an owner of inhabited property to such a
system if a service line is brought by the district to a point within 400
feet of his dwelling place, and upon a failure of the owner so to connect
within 60 days after written mailed notice by the board, cause:
(1) The connection to be made by a person other than an
owner; and
(2) A lien to be filed against the property for expense
incurred in making the connection.
(d) Make and enforce all necessary regulations for the removal of
sewage, garbage or other refuse, and for the proper use of water within
the district.
(e) Make all other sanitary regulations not in conflict with the
Constitution or laws of this State, and provide that any person who
violates these regulations or ordinances shall be punished by a fine not
to exceed $100 or by imprisonment not to exceed 1 month, or by both fine
and imprisonment.
(f) Provide that any industrial user who violates a federally
mandated standard shall be punished by a fine not to exceed $1,000 per
day for each day the violation continues.
2. A district shall not proceed to acquire or improve any system
of water supply, drainage or sewage disposal or garbage and other refuse
collection and disposal without first obtaining the approval of the
county board of health.
3. As used in this section:
(a) “Drainage” means rainfall, surface and subsoil water.
(b) “Sewage” means domestic and industrial filth and waste.
(Added to NRS by 1959, 464; A 1963, 901; 1967, 1153, 1699; 1969,
24; 1985, 271; 1991, 345)
The board shall have the power:
1. To manage, control and supervise all the business and affairs
of the district.
2. To acquire, improve, equip, operate and maintain any district
project.
(Added to NRS by 1959, 464)
The board shall
have the power to hire and retain agents, employees, servants, engineers
and attorneys, and any other persons necessary or desirable to effect the
purposes of this chapter.
(Added to NRS by 1959, 464)
The board shall
have the power to prescribe the duties of officers, agents, employees and
servants, and fix their compensation.
(Added to NRS by 1959, 464)
The board shall have and may exercise
the power of eminent domain and dominant eminent domain in the manner
provided by law for the condemnation by a city of private property for
public use to take any property necessary to the exercise of the powers
granted, both within and without the district.
(Added to NRS by 1959, 464)
1. The board shall have the power to construct and maintain works
and establish and maintain facilities across or along any public street
or highway, and in, upon or over any vacant public lands, which public
lands are, or may become, the property of the State of Nevada, and to
construct works and establish and maintain facilities across any stream
of water or watercourse.
2. The board shall promptly restore any such street or highway to
its former state of usefulness as nearly as may be, and shall not use the
same in such manner as to impair completely or unnecessarily the
usefulness thereof.
(Added to NRS by 1959, 464)
1. The board may fix, and from time to time increase or decrease,
electric energy, cemetery, swimming pool, other recreational facilities,
television, FM radio, sewer, water, storm drainage, flood control, snow
removal, lighting, garbage or refuse rates, tolls or charges other than
special assessments, including, but not limited to, service charges and
standby service charges, for services or facilities furnished by the
district, charges for the availability of service, annexation charges,
and minimum charges, and pledge the revenue for the payment of any
indebtedness or special obligations of the district.
2. Upon compliance with subsection 9 and until paid, all rates,
tolls or charges constitute a perpetual lien on and against the property
served. A perpetual lien is prior and superior to all liens, claims and
titles other than liens of general taxes and special assessments and is
not subject to extinguishment by the sale of any property on account of
nonpayment of any liens, claims and titles including the liens of general
taxes and special assessments. A perpetual lien must be foreclosed in the
same manner as provided by the laws of the State of Nevada for the
foreclosure of mechanics’ liens. Before any lien is foreclosed, the board
shall hold a hearing thereon after providing notice thereof by
publication and by registered or certified first-class mail, postage
prepaid, addressed to the last known owner at his last known address
according to the records of the district and the real property assessment
roll in the county in which the property is located.
3. The board shall prescribe and enforce regulations for the
connection with and the disconnection from properties of the facilities
of the district and the taking of its services.
4. The board may provide for the collection of charges. Provisions
may be made for, but are not limited to:
(a) The granting of discounts for prompt payment of bills.
(b) The requiring of deposits or the prepayment of charges in an
amount not exceeding 1 year’s charges from persons receiving service and
using the facilities of the enterprise or from the owners of property on
which or in connection with which services and facilities are to be used.
In case of nonpayment of all or part of a bill, the deposits or prepaid
charges must be applied only insofar as necessary to liquidate the
cumulative amount of the charges plus penalties and cost of collection.
(c) The requiring of a guaranty by the owner of property that the
bills for service to the property or the occupants thereof will be paid.
5. The board may provide for a basic penalty for nonpayment of the
charges within the time and in the manner prescribed by it. The basic
penalty must not be more than 10 percent of each month’s charges for the
first month delinquent. In addition to the basic penalty, the board may
provide for a penalty of not exceeding 1.5 percent per month for
nonpayment of the charges and basic penalty. The board may prescribe and
enforce regulations that set forth the date on which a charge becomes
delinquent. The board may provide for collection of the penalties
provided for in this section.
6. The board may provide that charges for any service must be
collected together with and not separately from the charges for any other
service rendered by it, and that all charges must be billed upon the same
bill and collected as one item.
7. The board may enter into a written contract with any person,
firm or public or private corporation providing for the billing and
collection by the person, firm or corporation of the charges for the
service furnished by any enterprise. If all or any part of any bill
rendered by the person, firm or corporation pursuant to a contract is not
paid and if the person, firm or corporation renders any public utility
service to the person billed, the person, firm or corporation may
discontinue its utility service until the bill is paid, and the contract
between the board and the person, firm or corporation may so provide.
8. As a remedy established for the collection of due and unpaid
deposits and charges and the penalties thereon an action may be brought
in the name of the district in any court of competent jurisdiction
against the person or persons who occupied the property when the service
was rendered or the deposit became due or against any person guaranteeing
payment of bills, or against any or all such persons, for the collection
of the amount of the deposit or the collection of delinquent charges and
all penalties thereon.
9. A lien against the property served is not effective until a
notice of the lien, separately prepared for each lot affected, is:
(a) Mailed to the last known owner at his last known address
according to the records of the district and the real property assessment
roll of the county in which the property is located;
(b) Delivered by the board to the office of the county recorder of
the county within which the property subject to such lien is located;
(c) Recorded by the county recorder in a book kept by him for the
purpose of recording instruments encumbering land; and
(d) Indexed in the real estate index as deeds and other conveyances
are required by law to be indexed.
(Added to NRS by 1959, 465; A 1963, 632; 1967, 1700; 1969, 95;
1971, 187, 1054; 1975, 137; 1977, 542; 1991, 1708; 1995, 1906; 1997, 452;
2005, 727 )
1. The board of trustees of any district organized or reorganized
under this chapter and authorized to furnish sanitary sewer facilities
pursuant to NRS 318.140 or to furnish
water facilities pursuant to NRS 318.144 shall establish schedules showing all rates,
tolls or charges for services performed or products furnished.
2. Whenever the board of trustees proposes to change any
individual or joint rate, toll, charge, service or product, or any
individual or joint practice which will affect any rate, toll, charge,
service or product, the board of trustees shall hold public hearings
after 30 days’ notice has been given to all users of the service or
product within the district.
3. Notice shall be given by publication in a newspaper published
in the county and if no such newspaper is published, then a newspaper
published in this state which has a general circulation in the county.
The notice shall not be placed in that portion of the newspaper where
legal notices and classified advertisements appear and the type used in
the headline of such notice shall not be smaller than 18 point.
4. All users of the service or product shall be afforded a
reasonable opportunity to submit data, views or arguments orally or in
writing at the place, date and time specified in the notice, or at any
subsequent place or time to which the hearing may be adjourned.
5. If, after public hearing, the board of trustees determines that
the proposed action is required, the board shall adopt a resolution
establishing the new or changed rates, tolls, charges, services to be
performed or products to be furnished.
6. Within 30 days immediately following the effective date of such
resolution, any person who has protested it may commence an action in any
court of competent jurisdiction to set aside the resolution.
7. Within 30 days after the effective date of the resolution, the
secretary of the district shall file a copy of the new schedules in the
office of the district. The schedules shall be made available to any user
of the service or product.
(Added to NRS by 1977, 541)
1. Any board which has adopted rates pursuant to this chapter may,
by resolution or by separate resolutions, elect to have such charges for
the forthcoming fiscal year collected on the tax roll in the same manner,
by the same persons, and at the same time as, together with and not
separately from, the county’s general taxes. In such event, it shall
cause a written report to be prepared and filed with the secretary, which
shall contain a description of each parcel of real property receiving
such services and facilities and the amount of the charge for each parcel
for such year, computed in conformity with the charges prescribed by the
resolution.
2. The powers authorized by this section are alternative to all
other powers of the district, and alternative to other procedures adopted
by the board for the collection of such charges.
3. The real property may be described by reference to maps
prepared by and on file in the office of the county assessor or by
descriptions used by him, or by reference to plats or maps on file in the
office of the secretary.
4. The board may make the election specified in subsection 1 with
respect only to delinquent charges and may do so by preparing and filing
the written report, giving notice and holding the hearing therein
required only as to such delinquencies.
5. The secretary shall cause notice of the filing of the report
and of a time and place of hearing thereon to be published once a week
for 2 weeks prior to the date set for hearing, in a newspaper of general
circulation printed and published within the district if there is one and
if not then in such paper printed and published in a county within which
the district is located.
6. Before the board may have such charges collected on the tax
roll, the secretary shall cause a notice in writing of the filing of the
report proposing to have such charges for the forthcoming fiscal year
collected on the tax roll and of the time and place of hearing thereon,
to be mailed to each person to whom any parcel or parcels of real
property described in the report is assessed in the last equalized
assessment roll available on the date the report is prepared, at the
address shown on the assessment roll or as known to the secretary. If the
board adopts the report, then the requirements for notice in writing to
the persons to whom parcels of real property are assessed does not apply
to hearings on reports prepared in subsequent fiscal years but notice by
publication as provided in this section is adequate.
7. At the time stated in the notice, the board shall hear and
consider all objections or protests, if any, to the report referred to in
the notice and may continue the hearing from time to time. If the board
finds that protest is made by the owners of a majority of separate
parcels of property described in the report, then the report shall not be
adopted and the charges shall be collected separately from the tax roll
and shall not constitute a lien against any parcel or parcels of land.
8. Upon the conclusion of the hearing, the board may adopt,
revise, change, reduce or modify any charge or overrule any or all
objections and shall make its determination upon each charge as described
in the report, which determination is final.
9. After the hearing, when the board has made a final decision on
a service charge or fee to be collected on the county tax roll, the
secretary shall prepare and file a final report, which shall contain a
description of each parcel receiving the services and the amount of the
charge, with the county assessor for inclusion on the assessment roll. If
a report is filed after the closing of the assessment roll but before the
extension of the tax roll, the auditor shall insert the charges in such
extension.
10. The amount of the charges shall constitute a lien against the
lot or parcel of land against which the charge has been imposed as of the
time when the lien of taxes on the roll attach.
11. The county treasurer shall include the amount of the charges
on bills for taxes levied against the respective lots and parcels of
land. Thereafter the amount of the charges shall be collected at the same
time and in the same manner and by the same persons as, together with and
not separately from, the general taxes for the county. The charges shall
become delinquent at the same time as such taxes and are subject to the
same delinquency penalties.
12. All laws applicable to the levy, collection and enforcement of
general taxes of the county, including, but not limited to, those
pertaining to the matters of delinquency, correction, cancellation,
refund, redemption and sale, are applicable to such charges.
13. The county treasurer may issue separate bills for such charges
and separate receipts for collection on account of such charges.
(Added to NRS by 1963, 626; A 1967, 1701; 1975, 465)
1. Subject to NRS 318.199 , the
board may by resolution:
(a) Fix fees or charges for the privilege of connecting to its
water, drainage or sewerage facilities;
(b) Fix the time or times at which such fees or charges shall
become due;
(c) Provide for the payment of such fees or charges prior to
connection or in installments over a period of not to exceed 15 years; and
(d) Provide the rate of interest, not to exceed 6 percent per
annum, to be charged on the unpaid balance of such fees or charges.
2. The amount of such fees or charges and the interest thereon
constitute a lien against the respective lots or parcels of land to which
the facilities are connected if the board complies with subsection 9 and
gives notice to the owners of the lots or parcels of land affected.
3. The notice shall set forth:
(a) The schedule of fees or charges to be imposed.
(b) A description of the property subject to such fees or charges,
which description may be as provided in subsection 3 of NRS 318.201
.
(c) The time or times at which such fees or charges shall become
due.
(d) The number of installments in which such fees or charges shall
be payable.
(e) The rate of interest, not to exceed 6 percent per annum, to be
charged on the unpaid balance of such fees or charges.
(f) That it is proposed that the fees or charges and interest
thereon shall constitute a lien against the lots or parcels of land to
which the facilities are furnished.
(g) The time and place at which the board will hold a hearing at
which persons may appear and present any and all objections they may have
to the imposition of the fees or charges as a lien against the land.
4. The notice shall be published once a week for 2 weeks prior to
the date set for hearing. At least 10 days prior to the date of hearing,
written notice shall be mailed to all persons owning land subject to such
fees or charges, whose names and addresses appear on the last equalized
assessment roll.
5. At the time stated in the notice the board shall hear and
consider all objections or protests, if any, to the imposition of the
fees or charges as set forth in the notice and may continue the hearing
from time to time.
6. Upon the conclusion of the hearing, the board may adopt,
revise, change, reduce or modify the fees or charges or may overrule any
or all objections and make its determination, which determination is
final.
7. Prior to the time the county treasurer posts taxes to the
county tax roll following such final determination, the board shall
certify to the county auditor a list of the lots or parcels of land, as
they appear on the current assessment roll, subject to such fees or
charges and the amounts of the installments of such fees or charges and
interest to be entered against such lots or parcels on the assessment
roll. If a lot or parcel connected to the facilities is subsequently
divided into two or more lots or parcels as shown on the current
assessment roll, the board shall designate the lot or parcel that remains
connected to the facilities and against which the installments of the
fees or charges and interest are to be entered.
8. The county treasurer shall annually collect the charges or the
respective installments thereof as provided in subsections 10 to 13,
inclusive, of NRS 318.201 .
9. A lien against the respective lots or parcels of land to which
the facilities are connected is not effective until a notice of the lien,
separately prepared for each lot or parcel, is:
(a) Delivered by the board to the office of the county recorder of
the county within which the property subject to such lien is located;
(b) Recorded by the county recorder in a book kept by him for the
purpose of recording instruments encumbering land; and
(c) Indexed in the real estate index as deeds and other conveyances
are required by law to be indexed.
(Added to NRS by 1963, 628; A 1967, 1703; 1977, 544)
1. If an employee of a general improvement district or other
person has a reasonable belief that a dwelling unit exists that is not
currently being charged for services provided by a general improvement
district in a county whose population is less than 400,000, the employee
or other person may submit an affidavit to the board of trustees of the
district, setting forth the facts upon which the employee or other person
bases his belief, including, without limitation, personal knowledge and
visible indications of use of the property as a dwelling unit.
2. If a board of trustees receives an affidavit described in
subsection 1, the board may set a date for a hearing to determine whether
the unit referenced in the affidavit is being used as a dwelling unit. At
least 30 days before the date of such a hearing, the board shall send a
notice by certified mail, return receipt requested, to the owner of the
property where the unit referenced in the affidavit is located at the
address listed in the real property assessment roll in the county in
which the property is located. The notice must specify the purpose, date,
time and location of the hearing.
3. Except as otherwise provided in this subsection, if, after the
hearing, the board determines that the unit referenced in the affidavit
submitted pursuant to subsection 1 is being used as a dwelling unit, the
board may adopt a resolution by the affirmative votes of not less than
two-thirds of the total membership of the board to charge the owner
pursuant to NRS 318.197 for the
services provided by the district to the dwelling unit. The board shall
not adopt such a resolution if the owner provides evidence satisfactory
to the board that the unit referenced in the affidavit is not being used
as a dwelling unit.
4. As used in this section:
(a) “Dwelling unit” means a structure that is designed for
residential occupancy by one or more persons for living and sleeping
purposes, consisting of one or more rooms, including a bathroom and
kitchen. The term does not include a hotel or a motel.
(b) “Kitchen” means a room, all or part of which is designed or
used for storage, refrigeration, cooking and preparation of food.
(c) “Owner” means a person to whom the parcel of real property upon
which the unit referenced in an affidavit submitted pursuant to
subsection 1 is located is assessed in the most recent assessment roll
available.
(Added to NRS by 2001, 1709 )
The board shall have the power to adopt and
amend bylaws, not in conflict with the Constitution and laws of the State:
1. For carrying on the business, objects and affairs of the board
and of the district.
2. Regulating the use or right of use of any project or
improvement.
(Added to NRS by 1959, 465; A 1967, 1715)
The board shall have and exercise all
rights and powers necessary or incidental to or implied from the specific
powers granted in this chapter. Such specific powers shall not be
considered as a limitation upon any power necessary or appropriate to
carry out the purposes and intent of this chapter.
(Added to NRS by 1959, 465)
1. When a district abuts a city or town, the board shall have the
power to convey to such city or town, at the discretion of the district
and with the consent of the governing authority thereof, all of the
property of such district upon the condition that such city or town:
(a) Will operate and maintain such property, regardless of whether
the area comprising the district is annexed to the municipality; and
(b) May assume all of the indebtedness of such district upon such
conditions as the county or town and the governing body of the district
may agree.
2. Upon such conveyance and assumption of indebtedness the
district shall be dissolved and a certificate to such effect shall be
signed by the clerical officer of the city or town and filed with the
Secretary of State and county clerk of any county in which the ordinance
creating the district is filed.
(Added to NRS by 1959, 465; A 1965, 1081)
1. Any municipality, county, special district or owner may sell,
lease, grant, convey, transfer or pay over to any district, with or
without consideration, any project or any part thereof or any interest in
real or personal property or any money available for construction or
improvement purposes, including the proceeds of bonds issued before, on
or after March 30, 1959, for construction or improvement purposes which
may be used by the district in the construction, improvement, maintenance
or operation of any project.
2. Any municipality, county or special district is also authorized
to transfer, assign and set over to any district any contracts which may
have been awarded by the municipality, county or special district for the
construction of projects not begun or, if begun, not completed.
3. The territory being served by any project or the territory
within which the project is authorized to render service at the time of
the acquisition of the project by a district must include the area served
by the project and the area in which the project is authorized to serve
at the time of acquisition and any other area into which the service may
be extended within the district. If an election is required either by
general law or charter provision to authorize the transfer, such election
must be called and conducted as provided by law.
(Added to NRS by 1959, 466; A 1997, 1609)
TAXATION
In addition to the other means
for providing revenue for such districts, the board shall have power and
authority to levy and collect general (ad valorem) taxes on and against
all taxable property within the district, such levy and collection to be
made by the board in conjunction with the county and its officers as set
forth in this chapter.
(Added to NRS by 1959, 466)
1. To levy and collect taxes, the board shall determine, in each
year, the amount of money necessary to be raised by taxation, taking into
consideration other sources of revenue of the district, and shall fix a
rate of levy which, when levied upon every dollar of assessed valuation
of taxable property within the district, and together with other
revenues, will raise the amount required by the district annually to
supply money for paying:
(a) The expenses of organization and the costs of operating and
maintaining the works and equipment of the district; and
(b) The costs of acquiring the works and equipment of the district
and, when due, all interest on and principal of general obligation bonds
and other general obligations of the district.
Ę In the event of accruing defaults or deficiencies, an additional levy
may be made as provided in NRS 318.235 .
The board shall identify separately the rate of tax which is levied
pursuant to paragraph (a) and the rate which is levied pursuant to
paragraph (b) and shall make such information available to the public
upon request. The board shall not continue to levy a rate of tax pursuant
to paragraph (b) after the cost to the district of acquiring the
particular work or equipment for which the rate was levied has been
recovered in full.
2. The board shall certify to the board of county commissioners,
at the same time as fixed by law for certifying thereto tax levies of
incorporated cities, the rate so fixed with directions that at the time
and in the manner required by law for levying taxes for county purposes
such board of county commissioners shall levy such tax upon the assessed
valuation of all taxable property within the district, in addition to
such other taxes as may be levied by such board of county commissioners
at the rate so fixed and determined.
(Added to NRS by 1959, 466; A 1999, 793 )
1. The board, in certifying annual levies, shall take into account
the maturing general obligation indebtedness for the ensuing year as
provided in its contracts, maturing general obligation bonds and interest
on such bonds, and deficiencies and defaults of prior years, and shall
make ample provision for the payment thereof.
2. In case the money produced from such levies, together with
other revenues of the district, is not sufficient punctually to pay the
annual installments on such obligations, and interest thereon, and to pay
defaults and deficiencies, the board shall make such additional levies of
taxes as may be necessary for such purposes, and, notwithstanding any
limitations, such taxes must be made and continue to be levied until the
general obligation indebtedness of the district is fully paid but must
not continue after that date.
(Added to NRS by 1959, 466; A 1999, 793 )
1. The body having authority to levy taxes within each county
shall levy the taxes provided in this chapter.
2. All officials charged with the duty of collecting taxes shall
collect such taxes at the time and in the same form and manner, and with
like interest and penalties, as other taxes are collected and when
collected shall pay the same to the district ordering its levy and
collection. The payment of such collections shall be made monthly to the
treasurer of the district and paid into the depository thereof to the
credit of the district.
3. All taxes levied under this chapter, together with interest
thereon and penalties for default in payment thereof, and all costs of
collecting the same, shall constitute, until paid, a perpetual lien on
and against the property taxed; and such lien shall be on a parity with
the tax lien of other general taxes.
(Added to NRS by 1959, 467)
If the taxes levied are not
paid as provided in this chapter, the property subject to the tax lien
shall be sold and the proceeds thereof shall be paid over to the district
according to the provisions of the laws applicable to tax sales and
redemptions.
(Added to NRS by 1959, 467)
Whenever any indebtedness or other
obligations have been incurred by a district, it shall be lawful for the
board to levy taxes and collect revenue for the purpose of creating funds
in such amount as the board may determine, which may be used to meet the
obligations of the district, for maintenance and operating charges and
depreciation, and provide extension of and betterments to the
improvements of the district.
(Added to NRS by 1959, 467; A 1965, 744; 1971, 2108)
BOUNDARIES; INCLUSION AND EXCLUSION OF PROPERTY
1. The boundary of any district organized under the provisions of
this chapter may be changed in the manner prescribed in NRS 318.257
and 318.258 , but the change of boundaries of the district
shall not impair nor affect its organization, nor shall it affect, impair
or discharge any contract, obligation, lien or charge on which it or the
property therein might be liable or chargeable had such change of
boundaries not been made.
2. Property included within or annexed to a district shall be
subject to the payment of taxes, assessments and charges, as provided in
NRS 318.258 . Real property excluded
from a district shall thereafter be subject to the levy of taxes for the
payment of its proportionate share of any indebtedness of the district
outstanding at the time of such exclusion, and shall be subject to any
outstanding special assessment lien thereon. Personal property may be
excluded from a district on such terms and conditions as may be
prescribed by the board of the district involved.
(Added to NRS by 1967, 1610)
1. A fee owner of real property situate in the district, or the
fee owners of any real properties which are contiguous to each other and
which constitute a portion of the district may file with the board a
petition praying that such lands be excluded and taken from the district.
2. Petitions shall:
(a) Describe the property which the petitioners desire to have
excluded.
(b) State that the property is not capable of being served with
facilities of the district, or would not be benefited by remaining in the
district or by any future improvement it might make.
(c) Be acknowledged in the same manner and form as required in case
of a conveyance of land.
(d) Be accompanied by a deposit of money sufficient to pay all
costs of the exclusion proceedings.
3. The secretary of the board shall cause a notice of filing of
such petition to be published, which notice shall:
(a) State the filing of such petition.
(b) State the names of the petitioners.
(c) Describe the property mentioned in the petition.
(d) State the prayer of the petitioners.
(e) Notify all persons interested to appear at the office of the
board at the time named in the notice, showing cause in writing, if any
they have, why the petition should not be granted.
4. The board at the time and place mentioned in the notice, or at
the times to which the hearing of the petition may be adjourned, shall
proceed to hear the petition and all objections thereto, presented in
writing by any person showing cause why the prayer of the petition should
not be granted.
5. The filing of such petition shall be deemed and taken as an
assent by each and all such petitioners to the exclusion from the
district of the property mentioned in the petition, or any part thereof.
6. The board, if it deems it not for the best interest of the
district that the property mentioned in the petition, or portion thereof,
be excluded from the district, shall order that the petition be denied in
whole or in part, as the case may be.
7. If the board deems it for the best interest of the district
that the property mentioned in the petition, or some portion thereof be
excluded from the district, the board shall order that the petition be
granted in whole or in part, as the case may be.
8. There shall be no withdrawal from a petition after
consideration by the board nor shall further objection be filed except in
case of fraud or misrepresentation.
9. Upon allowance of such petition, the board shall file for
record a certified copy of its resolution making such change, as provided
in NRS 318.075 .
(Added to NRS by 1967, 1610)
The boundaries of a district may be
enlarged by the inclusion of additional real property therein in the
following manner:
1. The fee owner or owners of any real property capable of being
served with facilities of the district may file with the board a petition
in writing praying that such property be included in the district.
2. The petition shall:
(a) Set forth an accurate legal description of the property owned
by the petitioners.
(b) State that assent to the inclusion of such property in the
district is given by the signers thereto, constituting all the fee owners
of such property.
(c) Be acknowledged in the same manner required for a conveyance of
land.
3. There shall be no withdrawal from a petition after
consideration by the board nor shall further objections be filed except
in case of fraud or misrepresentation.
4. The board shall hear the petition at an open meeting after
publishing the notice of the filing of such petition, and of the place,
time and date of such meeting, and the names and addresses of the
petitioners. The board shall grant or deny the petition and the action of
the board is final and conclusive. If the petition is granted as to all
or any of the real property therein described, the board shall make an
order to that effect, and file it for record as provided in NRS 318.075
.
5. If the costs of extending the facilities of the district are
paid by the property owners of the area to be included within the
district, these property owners are entitled to receive any money charged
and collected by the district when additional property owners utilize the
facilities which were extended.
6. The board of trustees of the district shall pay to the property
owners pro rata shares of the money charged and collected.
7. After the date of its inclusion in such district, such property
is subject to all of the taxes and charges imposed by the district, and
is liable for its proportionate share of existing general obligation
bonded indebtedness of the district; but it is not liable for any taxes
or charges levied or assessed prior to its inclusion in the district, nor
shall its entry into the district be made subject to or contingent upon
the payment or assumption of any penalty, toll or charge, other than any
reasonable annexation charge which the board may fix and uniformly assess
and the tolls and charges which are uniformly made, assessed or levied
for the entire district. Such charges shall be computed in such a manner
as not to place a new charge against the district members nor penalize
the area annexed.
8. In any district within the region of any interstate compact
relating to planning, when any petition for the inclusion of property
into any district is denied, the petitioner may appeal the denial to the
board of county commissioners of the county in which such district is
located, which shall review such denial and may, in its discretion, order
that such property be included in the district.
9. The board of county commissioners of any county in which a
district is located may by ordinance require the district to include
additional real property within its boundaries if:
(a) The inclusion is required by a federal law or regulation issued
thereunder;
(b) The district can provide the services required by the owners of
the real property; and
(c) The owners of the real property pay the costs of providing the
facilities.
(Added to NRS by 1967, 1611; A 1971, 189; 1977, 545)
ANNEXATION OF TERRITORY BY DISTRICT CREATED TO FURNISH ELECTRICITY
Territory may be
annexed to a district created wholly or in part to furnish electric light
and power pursuant to NRS 318.261 to
318.272 , inclusive.
(Added to NRS by 1989, 1598)
1. The boundaries of a district created wholly or in part to
furnish electric light and power may be enlarged by the inclusion of
additional real property by a petition, if the real property is capable
of being served with the facilities of the district and the petition:
(a) Prays that the additional real property be included in the
district;
(b) Is signed by at least 75 percent of the owners in fee of the
real property in the territory; and
(c) Is filed with the board of trustees of the district.
2. The boundaries of any district expanded pursuant to the
provisions of NRS 318.261 to 318.272
, inclusive, must not include any
territory of any incorporated city unless the governing body of the
incorporated city has approved the annexation of that territory.
(Added to NRS by 1989, 1598)
The petition must:
1. Set forth a general description of the proposed boundaries of
the district or of the territory proposed to be included within the
district, with such certainty as to enable an owner of property to
determine whether his property is within the district.
2. State that the persons signing the petition assent to the
inclusion of the property in the district and that 75 percent or more of
the owners in fee of the real property in the territory proposed to be
included in the district have signed the petition.
3. State that the property sought to be included is not within the
boundaries of any other district, town, municipality or public utility
which provides the same service as the district into which petitioners
seek to be included.
4. State that the petitioners acknowledge that:
(a) After the date of inclusion of the real property in the
district, it is subject to all of the taxes and charges imposed by the
district and is liable for its proportionate share of existing general
obligation bonded indebtedness of the district;
(b) The property is not liable for any taxes or charges levied or
assessed before its inclusion in the district;
(c) Entry of the property into the district may not be subject to
or contingent upon the payment or assumption of any penalty, toll or
charge, other than any reasonable annexation charge which the board may
fix and uniformly assess and the tolls and charges which are uniformly
made, assessed or levied for the entire district; and
(d) Any charge imposed must be computed in a manner that does not
impose a new charge on the members of the district and must not penalize
the members of the territory to be annexed.
5. Be acknowledged in the same manner required for a conveyance of
land.
(Added to NRS by 1989, 1598)
After
consideration of the petition by the board there may be no withdrawal
from the petition and no objections to the petition may be filed except
an objection of fraud or misrepresentation.
(Added to NRS by 1989, 1599)
The board shall hear the petition at an open meeting after
publishing notice of the petition at least 10 days before the meeting in
a newspaper of general circulation published in the county or counties in
which the territory proposed to be annexed to the district is located.
The notice must include notice of the place, date and time of the meeting
and the names and addresses of the petitioners. At the time designated in
the notice, the board shall conduct a hearing on the petition which is
open to the public and any person interested may be heard.
(Added to NRS by 1989, 1599)
1. After conducting a hearing on the petition, the board, in its
discretion, shall determine whether to grant or deny the petition. If the
petition is granted as to all or any of the real property, the board
shall make an order altering the boundaries of the district by annexing
to it the territory described in the petition or as modified by the
determination of the board.
2. Within 30 days after the effective date of any order made
pursuant to subsection 1, the county clerk shall file a copy of the order
in his office and shall cause to be filed an additional copy of the order
in the Office of the Secretary of State. The Secretary of State shall not
impose a fee for filing the order and shall file the order in the same
manner as articles of incorporation are required to be filed under
chapter 78 of NRS.
(Added to NRS by 1989, 1599)
1. If the costs of extending the facilities of the district are
paid by the property owners of the area to be included within the
district, these property owners are entitled to receive any money charged
and collected by the district when additional property owners utilize the
facilities which were extended.
2. The board of trustees of the district shall pay to the property
owners who have paid the cost of extending the facilities, pro rata
shares of any money charged and collected by the district when additional
property owners utilize the facilities which were extended.
(Added to NRS by 1989, 1599)
After the date of its
inclusion in a district created wholly or in part to furnish electric
light and power, the real property is subject to all of the taxes and
charges imposed by the district and is liable for its proportionate share
of existing general obligation bonded indebtedness of the district. The
property is not liable for any taxes or charges levied or assessed before
its inclusion in the district. Entry of the property into the district
may not be subject to or contingent upon the payment or assumption of any
penalty, toll or charge, other than any reasonable annexation charge
which the board may fix and uniformly assess and the tolls and charges
which are uniformly made, assessed or levied for the entire district. Any
charge imposed must be computed in a manner that does not impose a new
charge on the members of the district and must not penalize the members
of the territory to be annexed.
(Added to NRS by 1989, 1599)
When any petition for the inclusion of property into a
district created wholly or in part to furnish electric light and power is
denied, the petitioner may appeal the denial to the board of county
commissioners of the county in which the district is located. The board
of county commissioners shall review the denial and may, in its
discretion and upon a finding that inclusion would be in the best
interests of the district and the petitioners, order that the property be
included in the district.
(Added to NRS by 1989, 1600)
Any party aggrieved by a final
decision of the board of county commissioners pursuant to NRS 318.271
may obtain judicial review of the
decision, as if the board of county commissioners were a state agency, in
the manner provided by NRS 233B.130
to 233B.150 , inclusive.
(Added to NRS by 1989, 1600; A 1991, 470)
BORROWING, BONDS AND SPECIAL ASSESSMENTS
1. Upon the conditions and under the circumstances set forth in
this chapter, a district may borrow money and issue the following
securities to evidence such borrowing:
(a) Short-term notes, warrants and interim debentures.
(b) General obligation bonds.
(c) Revenue bonds.
(d) Special assessment bonds.
2. The board of trustees of a district whose population within its
boundaries is less than 5,000, shall not borrow money or issue securities
to evidence such borrowing unless the board has obtained the approval of
the debt management commission of the county in which the district is
located.
3. The board of trustees of a district whose population within its
boundaries is less than 5,000, shall not forward a resolution authorizing
medium-term obligations to the Executive Director of the Department of
Taxation unless such financing is approved by the commission.
(Added to NRS by 1959, 469; A 1967, 1704; 1977, 534; 1991, 972;
1995, 771; 1997, 555)
A district may borrow money
and incur or assume indebtedness therefor, as provided in this chapter,
so long as the total of all such indebtedness (but excluding revenue
bonds, special assessment bonds, and other securities constituting
special obligations which are not debts) does not exceed an amount equal
to 50 percent of the total of the last assessed valuation of taxable
property (excluding motor vehicles) situated within such district.
(Added to NRS by 1965, 1089; A 1967, 1704; 1977, 251)
1. A district, upon the affirmative vote of four trustees, is
authorized to borrow money without an election in anticipation of the
collection of taxes or other revenues (but excluding special assessments)
and to issue short-term notes, warrants and interim debentures to
evidence the amount so borrowed.
2. Such short-term notes, warrants and interim debentures:
(a) Shall be payable from the fund for which the money was borrowed.
(b) Shall mature before the close of the fiscal year in which the
money is so borrowed, except for interim debentures.
(c) Shall not be extended or funded except in compliance with the
Local Government Securities Law.
(Added to NRS by 1959, 470; A 1967, 1704)
A district created wholly or in part for a basic purpose
or basic purposes in connection with which the district may derive
revenues from the operation of facilities of the district or from the
furnishing of services by the district, or from both such revenue
sources, may issue bonds (without the necessity of holding an election
and as an alternative or in addition to other forms of borrowing
authorized in this chapter) for the purpose of acquiring or improving
facilities appertaining to any such basic purpose, and such bonds shall
be made payable solely out of the net revenues derived from the operation
of such facilities or the furnishing of such services, or from both such
revenue sources of the district; but a single bond issue may be had for
more than one of such facilities or services and the revenues for any and
all of the income-producing facilities and services provided by the
district may be pledged to pay for any other such facilities or service.
To that end, a single utility fund for all or any number of such
facilities and services may be established and maintained.
(Added to NRS by 1959, 471; A 1963, 633; 1967, 1706)
1. Subject to the limitations and other provisions in this
chapter, a board of any district may issue on its behalf and in its name
at any time or from time to time, as the board may determine, the
following types of securities in accordance with the provisions of the
Local Government Securities Law, except as otherwise provided in
subsection 2:
(a) General obligation bonds and other general obligation
securities payable from general (ad valorem) property taxes;
(b) General obligation bonds and other general obligation
securities payable from general (ad valorem) property taxes, the payment
of which securities is additionally secured by a pledge of and lien on
net revenues;
(c) Revenue bonds and other securities constituting special
obligations and payable from net revenues, but excluding the proceeds of
any general (ad valorem) property taxes or any special assessments, which
payment is secured by a pledge of and lien on such net revenues; or
(d) Any combination of such securities.
2. General obligation or revenue bonds may be sold at a discount
only if the amount of discount permitted by the board has been
capitalized as a cost of the project.
(Added to NRS by 1959, 472; A 1965, 1083; 1967, 229, 1706; 1969,
870, 1288; 1971, 2108; 1975, 854; 1979, 584; 1981, 960)
A district organized or reorganized pursuant to
this chapter and authorized to exercise any of the basic powers provided
in NRS 318.140 , 318.142 and 318.144
may borrow money from the State or Federal Government without limitation
by other provisions of this chapter. The power conferred by this section
may be exercised only for the purpose of exercising one or more of the
basic powers enumerated in this section, whether or not the district is
authorized to exercise any other basic power.
(Added to NRS by 1968, 58)
1. Except as otherwise provided in subsection 2, such part of the
expenses of making any public improvement (to implement any one, all or
any combination of basic powers stated in NRS 318.116 and granted to any district in proceedings for
its organization or in any proceedings for its reorganization or as may
be otherwise provided by law), as the board determines by an affirmative
vote of at least two-thirds of its members, may be defrayed by special
assessments upon lands and premises abutting upon that part of the street
or alley so improved or proposed so to be, or the lands abutting upon the
improvement and the other lands as in the opinion of the board may be
specially benefited by the improvement.
2. Unless the board of trustees of the district consents to the
assessment, all property owned and used by a school district is exempt
from any assessment made pursuant to the provisions of this chapter.
(Added to NRS by 1959, 473; A 1975, 855; 1981, 961; 1989, 1043;
1991, 696)
MERGER, CONSOLIDATION AND DISSOLUTION OF DISTRICTS
1. Except as otherwise provided in NRS 318.492 , whenever a majority of the members of the
board of county commissioners of any county deem it to be in the best
interests of the county and of the district that the district be merged,
consolidated or dissolved, or if the board of trustees of a district, by
resolution pursuant to subsection 3, agrees to such a merger,
consolidation or dissolution, the board of county commissioners shall so
determine by ordinance, after there is first found, determined and
recited in the ordinance that:
(a) All outstanding indebtedness and bonds of all kinds of the
district have been paid or will be assumed by the resulting merged or
consolidated unit of government.
(b) The services of the district are no longer needed or can be
more effectively performed by an existing unit of government.
2. The county clerk shall thereupon certify a copy of the
ordinance to the board of trustees of the district and shall mail written
notice to all property owners within the district in his county,
containing the following:
(a) The adoption of the ordinance;
(b) The determination of the board of county commissioners that the
district should be dissolved, merged or consolidated; and
(c) The time and place for hearing on the dissolution, merger or
consolidation.
3. If a majority of the members of the board of county
commissioners of a county deems it to be in the best interests of the
county and of a district that was, on October 1, 2005, exercising powers
pursuant to NRS 318.140 , 318.142 and 318.144 ,
that the district be merged, consolidated or dissolved, the board of
county commissioners shall submit the question of the merger,
consolidation or dissolution to the board of trustees of the district. If
the board of trustees of the district, by resolution, does not agree to
the merger, consolidation or dissolution within 90 days after the
question was submitted to it, the district may not be merged,
consolidated or dissolved.
(Added to NRS by 1959, 482; A 1965, 1087; 1973, 562; 1989, 521;
2005, 728 )
1. If all the territory within a district organized pursuant to
this chapter is included within the boundaries of a city incorporated
under the provisions of chapter 266 of NRS,
the board of county commissioners of the county shall, within 90 days
after the filing of the notice required by NRS 266.033 , adopt an ordinance providing for the merger
of the district with the city and fixing a time and place for a hearing
on the merger.
2. The county clerk shall certify a copy of the ordinance and give
notice of its adoption in the manner provided by subsection 2 of NRS
318.490 .
3. The board of county commissioners shall thereafter proceed to
hear and determine the matter as provided in NRS 318.495 and 318.500 .
(Added to NRS by 1989, 520)
1. Any person who owns property which is located within the
district may, on or before the date fixed, protest against the
dissolution, merger or consolidation of such district, in writing, which
protest shall be filed with the county clerk of such county.
2. If, at or before the time fixed by the ordinance and notice,
written protest is filed signed by a majority of the owners of property
within the district, the district shall not be dissolved, merged or
consolidated. If any written protests are filed and the board of county
commissioners determines that the protests so filed represent less than a
majority of the owners of property within the district, the board may, if
it so determines, complete the dissolution, merger or consolidation by
the adoption of a final ordinance of dissolution, which ordinance shall
contain a recital of the protests, and such recital is binding and
conclusive for all purposes.
(Added to NRS by 1959, 482; A 1965, 1087; 1977, 535)
At the place, date and hour specified for
the hearing in the notice or at any subsequent time to which the hearing
may be adjourned, the board of county commissioners shall give full
consideration to all protests which may have been filed and shall hear
all persons desiring to be heard and shall thereafter adopt either the
final ordinance of dissolution, merger or consolidation or an ordinance
determining that it shall not be dissolved, merged or consolidated.
(Added to NRS by 1959, 482; A 1965, 1087)
Within 30 days after
the effective date of any ordinance dissolving, merging or consolidating
the district, the county clerk shall file a copy of the ordinance in his
office and shall cause to be filed an additional copy of the ordinance in
the Office of the Secretary of State, which filings shall be without fee
and be otherwise in the same manner as articles of incorporation are
required to be filed under chapter 78 of NRS.
(Added to NRS by 1959, 482; A 1965, 1087)
If a final ordinance of
dissolution is adopted pursuant to NRS 318.492 :
1. The merger of the district is effective on July 1 of the year
next following the date the incorporation of the city becomes effective.
2. The city shall assume the obligations and functions of the
district.
3. Any outstanding and unpaid tax sale or levy and any special
assessment lien of the district is valid and remains a lien upon the
property against which it is assessed or levied until paid, subject to
the limitations of liens provided by general law. Any tax or special
assessment paid after the effective date of the merger must be placed in
the general fund of the city.
4. The city council of the city has the same power to enforce the
collection of any special assessment or outstanding tax sales of the
district as the district would have had if it had not been merged.
(Added to NRS by 1989, 521)
1. All property and all funds remaining in the treasury of any
district must be:
(a) Surrendered and transferred to the county in which the district
exists and become a part of the general fund of the county, if the
district is dissolved;
(b) Transferred to the governmental unit which assumes its
obligations and functions, if the district is merged; or
(c) Transferred to the consolidated governmental unit, if the
district is consolidated.
2. All outstanding and unpaid tax sales and levies and all special
assessment liens of a dissolved district are valid and remain a lien
against the property against which they are assessed or levied until
paid, subject to the limitations of liens provided by general law. Taxes
and special assessments paid after dissolution must be placed in the
general fund of the county in which the property was assessed.
3. Except as otherwise provided in NRS 318.508 , the board of county commissioners has the
same power to enforce the collection of all special assessments and
outstanding tax sales of the district as the district had if it had not
been dissolved, merged or consolidated.
4. If any area comprising the district or portion thereof is
annexed to a city or town within 6 months from the effective date of the
dissolution ordinance, a pro rata share of all such property and funds
must be transferred to the municipality.
5. If any area comprising the district or portion thereof is not
annexed to a city or town within 6 months from the effective date of the
dissolution ordinance, the board of county commissioners shall pay to the
owners of property located within the former district pro rata shares of
the money remaining in the treasury of the district, and an amount of
money equal to the value of any property which is not used for the
benefit of the area formerly comprising the district. The board of county
commissioners may, before paying such money, apply a proportionate amount
of such payment to any special assessments which are due.
(Added to NRS by 1959, 482; A 1965, 1087; 1977, 535; 1989, 521)
CORRECTIVE ACTION
1. Upon notification by the Department of Taxation or upon receipt
of a petition signed by 20 percent of the qualified electors of the
district, that:
(a) A district of which the board of county commissioners is not
the board of trustees is not being properly managed;
(b) The board of trustees of the district is not complying with the
provisions of this chapter or with any other law; or
(c) The service plan established for the district is not being
complied with,
Ę the board of county commissioners of the county in which the district
is located shall hold a hearing to consider the notification or petition.
2. The county clerk shall mail written notice to all persons who
own property within the district and to all qualified electors of the
district, which notice shall set forth the substance of the notification
or petition and the time and place of the hearing.
3. At the place, date and hour specified for the hearing, or at
any subsequent time to which the hearing may be adjourned, the board of
county commissioners shall give full consideration to all persons
desiring to be heard and shall thereafter:
(a) Adopt an ordinance constituting the board of county
commissioners, ex officio, as the board of trustees of the district;
(b) Adopt an ordinance providing for the merger, consolidation or
dissolution of the district pursuant to NRS 318.490 to 318.510 ,
inclusive;
(c) File a petition in the district court for the county in which
the district is located for the appointment of a receiver for the
district; or
(d) Determine by resolution that management and organization of the
district will remain unchanged.
4. The Department of Taxation or any interested person may, within
30 days immediately following the effective date of the ordinance adopted
under paragraph (a) or resolution adopted under paragraph (d) of
subsection 3, commence an action in any court of competent jurisdiction
to set aside the ordinance or resolution. After the expiration of 30
days, all actions attacking the regularity, validity and correctness of
that ordinance or resolution are barred.
(Added to NRS by 1977, 523; A 1979, 802; 1989, 522)
EFFECT OF CHAPTER 542, STATUTES OF NEVADA 1967
Chapter 542, Statutes of Nevada 1967, shall not impair or affect any act
done, offense committed or right accruing, accrued or acquired, or
liability, penalty, forfeiture or punishment incurred prior to May 1,
1967, but the same may be enjoyed, asserted, enforced, prosecuted or
inflicted, as fully and to the same extent as if chapter 542, Statutes of
Nevada 1967, had not been passed.
(Added to NRS by 1967, 1710)
1. Chapter 542, Statutes of Nevada 1967, does not affect the
corporate existence nor the area included within the boundaries of any
district organized or reorganized before May 1, 1967, under any chapter
in title 25 of NRS, but the governing body of any such district
(excluding any local improvement district organized or reorganized under
the provisions of chapter 309 of NRS, any
housing authority or other municipal corporation subject to the
provisions of chapter 315 of NRS, and
excluding any district organized or reorganized before May 1, 1967, under
and already subject to the provisions of this chapter 318 of NRS) shall reorganize as provided in this chapter
as amended by chapter 542, Statutes of Nevada 1967.
2. Any district organized or reorganized before May 1, 1967, under
and exercising powers as provided in any chapter in title 25 of NRS
(excluding chapters 309 , 315 and 318 of NRS) shall
operate under and exercise powers pertaining to each basic power for
which the district is organized or reorganized as provided in chapter 318
of NRS, including without limitation the
provisions of the Special District Control Law to the extent it is
applicable by the terms thereof.
(Added to NRS by 1967, 1710; A 1985, 272)
1. The adoption of chapter 542, Statutes of Nevada 1967, shall not
repeal or in any way affect or modify:
(a) Any law authorizing the issuance by any district organized or
reorganized prior to May 1, 1967, under any chapter in title 25 of NRS of
any outstanding:
(1) General obligation bonds and other general obligation
securities payable from general (ad valorem) property taxes;
(2) General obligation bonds and other general obligation
securities payable from general (ad valorem) property taxes, the payment
of which securities is additionally secured by a pledge of and lien on
designated revenues of such district;
(3) Revenue bonds and other securities constituting special
obligations and payable from designated revenues derived by any such
district;
(4) Special assessment bonds and other securities
constituting special obligations and primarily payable from special
assessments levied by any such district; and
(5) Any other outstanding securities of any such district.
(b) Any other contract of any such district.
(c) Any law pursuant to which there has been levied by or on behalf
of any such district and there have not been paid in full, including
without limitation principal, any interest, and any penalties, the
following:
(1) General (ad valorem) property taxes;
(2) Special assessments; and
(3) Tolls, rates and charges pertaining to the facilities or
services, or both facilities and services, furnished by any such district.
(d) The running of the statutes of limitations in force on May 1,
1967.
2. All incomplete proceedings had and taken by any such district,
under any law repealed by chapter 542, Statutes of Nevada 1967,
preliminary to and in the acquisition or improvement of any project, the
creation of any special assessment district, the levy and collection of
any special assessment, or the issuance of any interim or temporary bond,
or any definitive bond, which proceedings are in substantial compliance
herewith, may, at the option of the board, be completed hereunder the
same as if such incomplete proceedings had been had and taken pursuant to
the provisions of this chapter.
3. The adoption of chapter 542, Statutes of Nevada 1967, shall not
repeal or in any way affect or modify the power of a board of directors
of a district organized pursuant to chapter 311 of NRS prior to May 1, 1967, concerning the borrowing
of money or the acceptance of any grant of public or private money, which
power was exercised prior to May 1, 1967.
(Added to NRS by 1967, 1710)
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