USA Statutes : nevada
Title : Title 20 - COUNTIES AND TOWNSHIPS: FORMATION, GOVERNMENT AND OFFICERS
Chapter : CHAPTER 244A - COUNTIES: FINANCING OF PUBLIC IMPROVEMENTS
NRS 244A.011 to 244A.065 , inclusive, shall be known as the County
Bond Law.
(Added to NRS by 1965, 636; A 1999, 836 ; 2003, 2929 ; 2003, 20th Special Session, 295 )
Except where the context otherwise
requires, the definitions in NRS 244A.015 to 244A.056 , inclusive, govern the construction hereof.
(Added to NRS by 1965, 636; A 1991, 1724; 1993, 48; 1999, 836
; 2003, 2930 ; 2003, 20th Special Session, 295 ; 2005, 183 )
“Acquisition”
or “acquire” means the opening, laying out, establishment, purchase,
construction, securing, installation, reconstruction, lease, gift, grant
from the United States of America, any agency, instrumentality or
corporation thereof, any public body or any person, endowment, bequest,
devise, condemnation, transfer, assignment, option to purchase, other
contract, or other acquirement (or any combination thereof) of any
project, or an interest therein, herein authorized.
(Added to NRS by 1965, 636)—(Substituted in revision for NRS
244.783)
“Board” means the board of county
commissioners and includes the Board of Supervisors of Carson City.
(Added to NRS by 1965, 637; A 1969, 323)—(Substituted in revision
for NRS 244.784)
“Building project” means
any public building or complex of buildings to accommodate or house
lawful county activities, including, without limitation, courts, records,
county personnel, administrative offices, welfare facilities, hospital
facilities, detention home facilities, jail facilities, facilities for
the detention of children or other juvenile home facilities, library
facilities, museum facilities, theater facilities, art galleries, picture
galleries, auditorium facilities, exposition facilities, athletic
facilities, supplies, vehicles, road maintenance equipment and other
county equipment, or any combination thereof, structures, fixtures and
furniture therefor, and all appurtenances and incidentals necessary,
useful or desirable for any such facilities, including, without
limitation, all types of property therefor.
(Added to NRS by 1965, 637; A 2003, 1130 )
Condemnation”
or “condemn” means the acquisition by the exercise of the power of
eminent domain of property for any project, or an interest therein,
herein authorized. A county may exercise in the State the power of
eminent domain and in the manner provided by law for the condemnation of
private property for public use, may take any property necessary to carry
out any of the objects or purposes hereof, and may condemn any existing
works or facilities in the county now or hereafter used. The power of
eminent domain vested in the board shall include the power to condemn, in
the name of the county, either the fee simple or any lesser estate or
interest in any real property which the board by resolution shall
determine is necessary for carrying out the purposes hereof. Such
resolution shall be prima facie evidence that the taking of the fee
simple or easement, as the case may be, is necessary.
(Added to NRS by 1965, 637)—(Substituted in revision for NRS
244.786)
“Cost of the
project,” or words of similar import, means all or any part designated by
the board of the cost of any project, or interest therein, being
acquired, which cost, at the option of the board may include all or any
part of the incidental costs pertaining to the project, including,
without limitation:
1. Preliminary expenses advanced by the county from funds
available for use therefor in the making of surveys, preliminary plans,
estimates of costs and other preliminaries;
2. The costs of appraising, printing, contracting for the services
of engineers, architects, financial consultants, attorneys at law,
clerical help, other agents or employees;
3. The costs of making, publishing, posting, mailing and otherwise
giving any notice in connection with the project, the taking of options,
the issuance of bonds and other securities, the capitalization with bond
proceeds of any sale discount and of interest on the bonds for any period
not exceeding 1 year and the filing or recordation of instruments; and
4. All other expenses necessary or desirable and appertaining to
any project, as estimated or otherwise ascertained by the board.
(Added to NRS by 1965, 637)—(Substituted in revision for NRS
244.787)
“County” means any county in the
State. For the purposes of NRS 244A.011 to 244A.065 , inclusive, Carson City is considered as a
county.
(Added to NRS by 1965, 637; A 1969, 323)—(Substituted in revision
for NRS 244.788)
“Drainage and flood control project” means any natural and artificial
water facilities for the collection, transportation, impoundment and
disposal of rainfall, storm, flood or surface drainage waters, including,
without limitation, ditches, lakes, reservoirs, revetments, levees,
dikes, walls, embankments, bridges, sewers, culverts, inlets,
connections, laterals, collection lines, outfalls, outfall sewers, trunk
sewers, intercepting sewers, transmission lines, conduits, syphons,
sluices, flumes, canals, ditches, natural and artificial watercourses,
ponds, dams, retarding basins, and other water diversion and storage
facilities, pumping stations, stream gauges, rain gauges, meters, flood
warning service and appurtenant telephone, telegraph, radio and
television service, engines, valves, pumps, apparatus, fixtures,
structures and buildings, or any combination thereof, and all
appurtenances and incidentals necessary, useful or desirable for any such
facilities, including, without limitation, all types of property therefor.
(Added to NRS by 1965, 638)—(Substituted in revision for NRS
244.789)
“Equipment” or
“equip” means the furnishing of all necessary or desirable, related or
appurtenant, facilities, or any combination thereof, appertaining to any
project, or interest therein, herein authorized.
(Added to NRS by 1965, 638)—(Substituted in revision for NRS
244.790)
“Hereby,”
“herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,”
“hereto” and “hereunder” refer to the County Bond Law and not solely to
the particular portion thereof in which such word is used.
(Added to NRS by 1965, 638)—(Substituted in revision for NRS
244.791)
“Improvement”
or “improve” means the extension, widening, lengthening, betterment,
alteration, reconstruction, repair or other improvement (or any
combination thereof) of any project, or an interest therein, herein
authorized.
(Added to NRS by 1965, 638)—(Substituted in revision for NRS
244.792)
“Infrastructure
project” means:
1. A capital improvement for fire protection, a library, a
building, a park or police protection that a municipality is authorized
to improve, acquire or equip pursuant to a law other than the County Bond
Law; or
2. For a water authority, wastewater authority or any municipality
whose governing body is composed of only the members of the board, a
capital improvement for a water system, water reclamation system or
sanitary sewer that the municipality is authorized to improve, acquire or
equip pursuant to a law other than the County Bond Law.
(Added to NRS by 1999, 834 ; A 2005, 183 )
“Lending project” means
the acquisition of municipal securities issued by a municipality located
wholly or partially within the county acquiring the municipal securities
for one or more infrastructure projects or for the refunding of municipal
securities previously acquired as part of a lending project by a county
for one or more infrastructure projects or any combination thereof.
(Added to NRS by 1999, 834 )
“Minor league baseball stadium project” means a baseball stadium which
can be used for the home games of an AA or AAA minor league professional
baseball team and for other purposes, including structures, buildings and
other improvements and equipment therefor, parking facilities, and all
other appurtenances necessary, useful or desirable for a minor league
baseball stadium, including, without limitation, all types of property
therefor.
(Added to NRS by 2003, 2929 )
“Municipal
securities” means notes, warrants, interim debentures, bonds and
temporary bonds issued by a municipality pursuant to a law other than the
County Bond Law which are:
1. General obligations payable from ad valorem taxes that are
approved by the voters of the municipality issued for a capital
improvement of a library or park;
2. General obligations payable from ad valorem taxes that are
approved by the voters of the municipality or are approved pursuant to
subsection 3 of NRS 350.020 issued for a capital improvement of an infrastructure project
other than a library or park;
3. Revenue obligations of a water authority that are payable from
revenues of:
(a) The water system of the water authority;
(b) One or more of the municipalities that are members of the water
authority; or
(c) Any combination of the entities described in paragraphs (a) and
(b); or
4. Revenue obligations of a wastewater authority that are payable
from revenues of:
(a) The water reclamation system of the wastewater authority;
(b) One or more of the municipalities that are members of the
wastewater authority; or
(c) Any combination of the entities described in paragraphs (a) and
(b).
(Added to NRS by 1999, 835 ; A 2005, 183 )
“Municipality” means any
city, town, school district, library district, consolidated library
district, fire protection district, district for a fire department, park
district, general improvement district organized pursuant to chapter 318
of NRS, wastewater authority, water district organized pursuant to a
special act or water authority organized as a political subdivision
created by cooperative agreement.
(Added to NRS by 1999, 835 ; A 2003, 821 ; 2005, 184 )
“Offstreet
parking project” means parking facilities for the parking of motor
vehicles off the public streets, including, without limitation, graded,
regraded, graveled, oiled, surfaced, macadamized, paved, curbed,
guttered, drained and sidewalked sites therefor, driveways, ramps,
structures, buildings, elevators and traffic control equipment, or any
combination thereof, and all appurtenances and incidentals necessary,
useful or desirable for any such facilities, including, without
limitation, all types of property therefor.
(Added to NRS by 1965, 638)—(Substituted in revision for NRS
244.793)
“Overpass project” means
any bridge, viaduct or other structure or facilities for the
transportation of pedestrians, motor and other vehicles, and utility
lines, over any street, stream, railroad tracks, and any other way or
place, including, without limitation, approaches, ramps, structures,
crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes,
inlets, outlets, retaining walls, artificial lights, pumping equipment
and ventilating equipment, or any combination thereof, and all
appurtenances and incidentals necessary, useful or desirable for any such
facilities, including, without limitation, all types of property therefor.
(Added to NRS by 1965, 638)—(Substituted in revision for NRS
244.794)
“Park project” means real
property, facilities and equipment for parks, including, without
limitation, graded, regraded, graveled, surfaced, drained, cultivated and
otherwise improved sites therefor, greenhouses, bandstand and orchestra
facilities, auditoriums, arenas, zoo facilities, golf course facilities,
clubhouses, tennis courts, swimming pools, bathhouses, horseshoe pits,
ball fields, boating facilities, swings, slides, other playground
equipment, and other recreational facilities, or any combination thereof,
and all appurtenances and incidentals necessary, useful or desirable for
any such facilities, including, without limitation, all types of property
therefor.
(Added to NRS by 1965, 638)—(Substituted in revision for NRS
244.795)
“Project” means any structure,
facility, undertaking or system which a county is herein authorized to
acquire, improve, equip, operate and maintain. A project may consist of
any kinds of personal and real property.
(Added to NRS by 1965, 639)—(Substituted in revision for NRS
244.797)
“Property” means real property
and personal property.
(Added to NRS by 1965, 639)—(Substituted in revision for NRS
244.798)
“Public body” means the
State, or any agency, instrumentality or corporation thereof, or any
municipality, county, school district, other type district, or any other
political subdivision or body corporate and politic of the State.
(Added to NRS by 1965, 639)—(Substituted in revision for NRS
244.799)
“Revenues
of a lending project” means any money, except the proceeds of taxes
levied by the county, received by the county pursuant to any lending
project, including, without limitation:
1. Money derived from any source of revenue connected with a
lending project, including, without limitation, payments by a
municipality of the principal, interest or redemption premium of any
municipal security, and any other income derived from the operation or
administration of a lending project or the sale or other disposal of
municipal securities or other assets acquired in connection with a
lending project;
2. Loans, grants or contributions to the county from the Federal
Government for the payment of the principal, interest and redemption
premiums of county securities;
3. Fees or charges paid by a municipality in connection with a
lending project; and
4. Money derived from the investment and reinvestment of the money
described in subsection 1, 2 or 3.
(Added to NRS by 1999, 835 )
“Real property” means:
1. Land, including land under water.
2. Buildings, structures, fixtures and improvements on land.
3. Any property appurtenant to or used in connection with land.
4. Every estate, interest, privilege, easement, franchise and
right in land, legal or equitable, including without limiting the
generality of the foregoing, rights-of-way, terms for years, and liens,
charges or encumbrances by way of judgment, mortgage or otherwise, and
the indebtedness secured by such liens.
(Added to NRS by 1965, 639)—(Substituted in revision for NRS
244.800)
“Sewerage project”
means facilities pertaining to a county sanitary sewerage system for the
collection, interception, transportation, treatment, purification and
disposal of sewage, liquid wastes, solid wastes, night soil and
industrial wastes, including, without limitation, a sewerage treatment
plant, sewerage purification and treatment works and disposal facilities,
drying beds, pumping plant and station, connections, laterals, other
collection lines, outfalls, outfall sewers, trunk sewers, intercepting
sewers, force mains, water lines, sewer lines, conduits, ditches, pipes,
transmission lines, pumping plants, filter plants, power plants, pumping
stations, gauging stations, ventilating facilities, incinerators,
engines, valves, pumps, meters, apparatus, fixtures, structures,
buildings and other facilities for the collection, interception,
transportation, treatment, purification and disposal of sewage, liquid
wastes, solid wastes, night soil and industrial wastes, or any
combination thereof. A sewerage project may include as a part thereof a
drainage and flood control project.
(Added to NRS by 1993, 48)
“State” means the State of Nevada,
or any agency, instrumentality or corporation thereof; and where the
context so indicates, “State” means the geographical area comprising the
State of Nevada.
(Added to NRS by 1965, 639)—(Substituted in revision for NRS
244.801)
“Street project” means any
street, avenue, boulevard, alley, highway or other public right-of-way
used for any vehicular traffic, and including a sidewalk designed
primarily for use by pedestrians, including, without limitation, grades,
regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks,
sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts,
curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets,
outlets, retaining walls, bridges, overpasses, tunnels, underpasses,
approaches, sprinkling facilities, artificial lights and lighting
equipment, parkways, grade separators, traffic separators and traffic
control equipment, and all appurtenances and incidentals, or any
combination thereof, including, without limitation, all types of property
therefor.
(Added to NRS by 1965, 639)—(Substituted in revision for NRS
244.802)
“Underpass project”
means any tunnel, tube or other structure or facilities for the
transportation of pedestrians, motor and other vehicles, and utility
lines, under any street, stream, railroad tracks, and any other way or
place, including, without limitation, approaches, ramps, structures,
crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes,
inlets, outlets, retaining walls, artificial lights, pumping equipment
and ventilating equipment, or any combination thereof, and all
appurtenances and incidentals necessary, useful or desirable for any such
facilities, including, without limitation, all types of property therefor.
(Added to NRS by 1965, 639)—(Substituted in revision for NRS
244.803)
“Wastewater
authority” means an entity that is created by cooperative agreement
pursuant to chapter 277 of NRS, the functions
of which include sanitation and sewerage, the treatment and disposal of
wastewater, or the development and reclamation of water resources.
(Added to NRS by 2005, 183 )
“Water project” means
facilities pertaining to a county water system for the collection,
transportation, treatment, purification and distribution of water,
including, without limitation, springs, wells, ponds, lakes, water
rights, other raw water sources, basin cribs, dams, spillways, retarding
basins, detention basins, reservoirs, towers, and other storage
facilities, pumping plants, infiltration galleries, filtration plants,
purification systems, other water treatment facilities, waterworks
plants, pumping stations, gauging stations, ventilating facilities,
stream gauges, rain gauges, valves, standpipes, connections, hydrants,
conduits, flumes, sluices, canals, channels, ditches, pipes, lines,
laterals, service pipes, force mains, submains, syphons, other water
transmission and distribution mains, engines, boilers, pumps, meters,
apparatus, tools, equipment, fixtures, structures, buildings and other
facilities for the acquisition, transportation, treatment, purification
and distribution of untreated water or potable water for domestic,
commercial and industrial use and irrigation, or any combination thereof.
(Added to NRS by 1991, 1724)
Any
board, upon behalf of the county and in its name, may acquire, improve,
equip, operate and maintain, within the county:
1. A building project;
2. A drainage and flood control project;
3. A lending project if the county has adopted an ordinance
pursuant to subsection 3 of NRS 244A.064 ;
4. An offstreet parking project;
5. An overpass project;
6. A park project;
7. A sewerage project;
8. A street project;
9. An underpass project; and
10. A water project.
(Added to NRS by 1965, 640; A 1981, 949; 1991, 1724; 1993, 49;
1999, 836 )
1. A board that has adopted an ordinance imposing a fee pursuant
to NRS 244A.810 may, on behalf of the
county and in its name:
(a) Acquire, improve, equip, operate and maintain within the county
a minor league baseball stadium project.
(b) Subject to the provisions of chapter 350 of NRS, issue revenue bonds of the county to acquire, improve or
equip, or any combination thereof, within the county a minor league
baseball stadium project.
2. Bonds issued pursuant to this section must be payable from the
proceeds of the fee imposed by the county pursuant to NRS 244A.810 and may be additionally secured by and
payable from the gross or net revenues of the minor league baseball
stadium project, including, without limitation, amounts received from any
minor league baseball team pursuant to a contract with that team, fees,
rates and charges for the use of the stadium by a minor league baseball
team or any other uses of the stadium, and related uses, including,
without limitation, parking and concessions, surcharges on tickets in an
amount approved by the board, grants, whether conditional or
unconditional, made for the payment of debt service or otherwise for the
purposes of the minor league baseball stadium project, and any and all
other sources of revenue attributable to the minor league baseball
stadium project as provided by the board in the ordinance authorizing the
issuance of bonds or any instrument supplemental or appertaining thereto.
(Added to NRS by 2003, 2929 )
1. A board that has adopted an ordinance imposing a fee pursuant
to NRS 244A.860 may, on behalf of the
county and in its name:
(a) Acquire, improve, equip, operate and maintain within the county
a performing arts center.
(b) Pursuant to the provisions of chapter 350 of NRS, issue revenue bonds of the county to acquire, improve or
equip, or any combination thereof, within the county a performing arts
center.
2. Bonds issued pursuant to this section for a performing arts
center must be payable from the proceeds of the fee imposed by the county
pursuant to NRS 244A.860 that are and
may be additionally secured by and payable from the gross or net revenues
of the performing arts center.
(Added to NRS by 2003, 20th Special Session, 295 )
1. Subject to the provisions of chapter 350 of NRS, any board, upon behalf of the county and in its name, may
issue the county’s general obligation bonds to acquire, improve and
equip, or any combination thereof, any project herein authorized, or any
part thereof, and thereby to defray the cost of the project wholly or in
part.
2. A county shall not become indebted by the issuance of bonds or
other securities constituting an indebtedness, whether the bonds are
issued hereunder or under a special or local law, to an amount in the
aggregate, including existing indebtedness of the county, but excluding
any outstanding revenue bonds, any outstanding special assessment bonds,
or any other outstanding special obligation securities, any short-term
securities issued in anticipation of and payable from general ad valorem
taxes levied for the current fiscal year, any general obligation
indebtedness of the county issued to pay the cost of any lending project,
and any indebtedness not evidenced by notes, bonds or other securities,
exceeding 10 percent of the total last assessed valuation of the taxable
property of the county.
3. A county shall not become indebted by the issuance of general
obligation indebtedness to fund the cost of lending projects in an amount
exceeding 15 percent of the total last assessed valuation of the taxable
property of the county.
(Added to NRS by 1965, 640; A 1967, 61; 1969, 1580; 1985, 258;
1999, 836 )
The payment of any bonds issued hereunder may be
additionally secured by a pledge of all or part of any revenues derived
from the operation of any project herein authorized and from any other
income-producing project of the county and derived from any license or
other excise taxes levied for revenue and available for such a pledge (or
any combination thereof).
(Added to NRS by 1965, 640)—(Substituted in revision for NRS
244.806)
In order to insure the payment, wholly or in
part, of the general obligation bonds or revenue bonds of the county the
payment of which bonds is additionally secured by a pledge of the
revenues derived from any such income-producing project and from any such
excise taxes, the board may establish and maintain, and the board may
from time to time revise, a schedule or schedules of fees, rates and
charges for services or facilities, or both services and facilities,
rendered by or through the project, within the corporate limits of the
county, and a schedule or schedules of license or other excise taxes, in
an amount sufficient for that purpose and also sufficient to discharge
any covenant in the proceedings of the board authorizing the issuance of
any of such bonds, including any covenant for the establishment of
reasonable reserve funds.
(Added to NRS by 1965, 640; A 2003, 2930 ; 2003, 20th Special Session, 295 )
In connection
with any lending project, a county may:
1. Require additional security or credit enhancement for payment
of municipal securities acquired as it deems prudent.
2. Make contracts and execute all necessary or desirable
instruments or documents not in conflict with the requirements of the
County Bond Law.
3. Provide by ordinance for its standards, policies and procedures
for financing lending projects.
4. Acquire and hold municipal securities and execute the rights of
the holder of those municipal securities.
5. Sell or otherwise dispose of municipal securities unless the
county is limited by any agreement that is related to those securities.
6. Refund any county general obligations issued for a lending
project if the county and the municipality agree to the disposition of
any savings resulting from the refunding.
7. Require payment by a municipality that participates in a
lending project of the fees and expenses of the county in connection with
the lending project.
8. Secure the payment of county general obligations issued for a
lending project with a pledge of revenues of the lending project. If the
revenues of a lending project are formally pledged to the county bonds
issued to finance a lending project, the board may treat the revenues of
the lending project financed by an issue of county general obligation
bonds as pledged revenues pursuant to subsection 3 of NRS 350.020 .
(Added to NRS by 1999, 835 )
1. No other act or law with regard to the authorization or
issuance of bonds that requires an approval, or in any way impedes or
restricts the carrying out of the acts herein authorized to be done,
shall be construed as applying to any proceedings taken hereunder or acts
done pursuant hereto, except as herein otherwise provided.
2. The powers conferred by NRS 244A.011 to 244A.065 , inclusive, shall be in addition and
supplemental to, and not in substitution for, and the limitations imposed
by NRS 244A.011 to 244A.065 , inclusive, shall not affect the powers
conferred by, any other law.
3. No part of NRS 244A.011 to
244A.065 , inclusive, shall repeal or
affect any other law or part thereof, it being intended that NRS 244A.011
to 244A.065 , inclusive, shall provide a separate method
of accomplishing its objectives, and not an exclusive one; and NRS
244A.011 to 244A.065 , inclusive, shall not be construed as
repealing, amending or changing any such other law.
(Added to NRS by 1965, 643)—(Substituted in revision for NRS
244.814)
FACILITATION OF TRANSPORTATION
1. A board of county commissioners may by ordinance, but not as in
a case of emergency, create one or more transportation districts in the
unincorporated area of the county. The board of county commissioners is
ex officio the governing body of any district created pursuant to this
section and may:
(a) Organize and maintain the district.
(b) Establish, by ordinance, regulations:
(1) For the administration of its internal affairs.
(2) For the employment of professional, technical, clerical
and other personnel necessary to carry out its duties.
(3) For the establishment and alteration of the boundaries
of the district.
(4) Providing for the use of revenue received by the
district.
(c) Hold meetings as the governing body of a district in
conjunction with its meetings as the board of county commissioners
without posting a separate agenda or posting additional notices of the
meetings within the district.
(d) Cause a special or general district election to be held in the
same manner as provided for other such elections in title 24 of NRS for
the purpose of submitting a question pursuant to paragraph (b) of
subsection 1 of NRS 244.3351 or
paragraph (b) of subsection 1 of NRS 278.710 , or both, or cause the question or questions
to be submitted at a primary or general state election.
2. 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 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 to provide an essential service
to the residents of the county.
3. The budget of a district created pursuant to this section must
comply with the provisions of NRS 354.470 to 354.626 , inclusive.
4. All persons employed to perform the functions of a district are
employees of the county for all purposes.
(Added to NRS by 1991, 29; A 1993, 1037)
1. Except as otherwise provided in subsection 2, a board of county
commissioners which establishes a transportation district shall establish
the boundaries of the district and may alter those boundaries by
ordinance.
2. The boundaries of a transportation district must not be
established or altered to include any territory within the boundaries of
any incorporated city, except that annexations or incorporations
occurring after the effective date of the ordinance creating or altering
the boundaries of a district do not affect the boundaries of the district.
(Added to NRS by 1991, 29)
1. A county may pledge any money received from the proceeds of
taxes imposed pursuant to paragraph (a) of subsection 1 of NRS 244.3351
or paragraph (a) of subsection 1 of
NRS 278.710 or pursuant to NRS 371.045
or, with the consent of the regional transportation
commission, received from the proceeds of the tax imposed pursuant to NRS
377A.020 , or any combination of money from those sources with revenue
derived from the project financed with the proceeds of the obligations
for whose payment those taxes are pledged, including any existing or
future extensions or enlargements thereof, for the payment of general or
special obligations issued for projects described in paragraph (a) of
subsection 2 of NRS 244.33512 , if the
project for which the securities are issued could be directly funded with
the taxes whose proceeds are pledged for the payment of the securities.
2. A county may pledge any money received from the proceeds of
taxes imposed pursuant to paragraph (b) of subsection 1 of NRS 244.3351
or paragraph (b) of subsection 1 of
NRS 278.710 , or any combination of
money from those taxes with revenue derived from the project financed
with the proceeds of the obligations for whose payment those taxes are
pledged, including any existing or future extensions or enlargements
thereof, for the payment of general or special obligations issued for
projects described in subsection 1 of NRS 244.33514 , if the project for which the securities are
issued could be directly funded with the taxes whose proceeds are pledged
for the payment of the securities.
3. Any money pledged by the county pursuant to subsection 1 or 2
may be treated as pledged revenues of the project for the purposes of
subsection 3 of NRS 350.020 .
(Added to NRS by 1991, 29; A 1993, 1037)
STREET BEAUTIFICATION PROJECTS
It is hereby declared as a
matter of legislative determination that the acquisition, improvement,
equipment, operation and maintenance of any street beautification project
is in the public interest and is of special benefit to the property
assessed to defray the cost thereof.
(Added to NRS by 1969, 1024; A 1981, 949)
As used in
NRS 244A.291 to 244A.343 , inclusive, “street beautification project”
means the beautification of any street, avenue, boulevard, alley,
parkway, highway or other public right-of-way used primarily for
vehicular traffic, including, without limitation, paving, median strips,
crosswalks, street dividers, sidewalks, curbs, gutters, storm sewers,
sanitary sewers, drains, covered walkways or areas, street-lighting
facilities, water-distribution and irrigation systems, vehicular parking
areas, retaining walls, landscaping, tree planting, shrubbery, foliage,
fountains, waterfalls, decorative structures, benches, information
booths, restrooms, signs, and other structures, works, and any other
project or facility authorized by the Consolidated Local Improvements Law
pertaining thereto, including the reconstruction and relocation of
existing municipally owned works, improvements or facilities on such
streets.
(Added to NRS by 1969, 1027; A 1981, 949)
The
board of county commissioners of each county, upon behalf of the county
and in its name, without any election, may from time to time:
1. Acquire, improve, equip, operate and maintain one or more
street beautification projects;
2. Levy assessments against assessable property within the county
to defray all or any portion of the cost thereof which is not to be
defrayed with money available therefor from the general fund, any special
fund, or otherwise; and
3. Cause the assessments so levied to be collected.
(Added to NRS by 1969, 1027; A 1981, 950)
COUNTY BONDS FOR SWIMMING POOLS AND FACILITIES
In addition
to powers elsewhere conferred upon the board of county commissioners, the
board of county commissioners of any county is authorized and empowered:
1. To establish, construct, purchase, otherwise acquire, improve
and extend swimming pools, facilities and buildings therefor;
2. To equip and furnish the same;
3. To acquire a suitable site or ground for any of the facilities;
and
4. To issue bonds therefor (or any combination thereof), at one
time, or from time to time.
[1:342:1955]—(NRS A 1969, 1573)—(Substituted in revision for NRS
244.560)
For
any such purpose, the board, at any time or from time to time, in the
name and on the behalf of the county may:
1. Issue:
(a) General obligation bonds, payable from taxes; and
(b) General obligation bonds, payable from taxes, which payment is
additionally secured by a pledge of gross or net revenues derived from
the operation of such recreational facilities, and, if so determined by
the board, further secured by a pledge of such other gross or net
revenues as may be derived from any other income-producing project of the
county or from any license or other excise taxes levied for revenue, as
may be legally made available for their payment;
2. Issue revenue bonds payable solely from the gross or net
revenues to be derived from the operation of such recreational
facilities, as the board may decide; and
3. Make a contract creating an indebtedness with the United States
of America, or any agency or instrumentality thereof, or any other person
or agency, public or private, if a question authorizing such contract is
submitted to and approved by the electors of the county in the manner
provided for a question in NRS 350.020 to 350.070 , inclusive.
[3:342:1955]—(NRS A 1969, 1574; 1981, 950)
Subject to the provisions of NRS 244A.445 , for any recreational facilities authorized
in NRS 244A.441 to 244A.453 , inclusive, the board of any county may, on
the behalf and in the name of the county, borrow money, otherwise become
obligated, and evidence obligations by the issuance of bonds and other
county securities, and in connection with the undertaking or the
recreational facilities, the board may otherwise proceed as provided in
the Local Government Securities Law.
[4:342:1955]—(NRS A 1969, 1575; 1985, 258)
The
board is authorized to sell such bonds from time to time at public or
private sale, as the board may determine. The board may employ legal,
fiscal, engineering, or other expert services in connection with the
acquisition of such improvements or facilities and with the
authorization, issuance and sale of such bonds.
[7:342:1955]—(NRS A 1967, 221)—(Substituted in revision for NRS
244.590)
In order to insure the payment of the revenue bonds of
the county or of the general obligation bonds of the county, the payment
of which is secured or is additionally secured, as the case may be, by a
pledge of the revenues of such recreational facilities, of any such other
income-producing project and of any such excise taxes, as provided in NRS
244A.445 or other such special
obligation securities so secured or other such additionally secured
general obligation securities of the county, the board may establish and
maintain, and from time to time revise, a schedule or schedules of fees,
rates and charges for services, facilities and commodities rendered by or
through the recreational facilities and any such other income-producing
project and a schedule or schedules of any such excise taxes, as the case
may be, in an amount sufficient for that purpose and also sufficient to
discharge any covenant in the proceedings of the board of county
commissioners authorizing the issuance of any of the bonds or other
securities, including any covenant for the establishment of reasonable
reserve funds.
[12:342:1955]—(NRS A 1969, 1575)—(Substituted in revision for NRS
244.615)
No county shall ever become indebted
for such county recreational purposes under the provisions of NRS
244A.441 to 244A.453 , inclusive, by the issuance of such general
obligation bonds and other general obligation securities (other than any
notes or warrants maturing within 1 year from the respective dates of
their issuance), but excluding any outstanding revenue bonds, special
assessment bonds, or other special obligation securities, and excluding
any such outstanding general obligation notes and warrants, exceeding 3
percent of the total last assessed valuation of the taxable property in
the county; and no county shall ever become indebted in an amount
exceeding 10 percent of such valuation by the issuance of any such
general obligation securities (other than any such notes or warrants),
but excluding any such outstanding special obligation securities and
excluding any such outstanding general obligation notes and warrants.
[14:342:1955]—(NRS A 1969, 1575)—(Substituted in revision for NRS
244.625)
COUNTY SEWAGE AND WASTEWATER LAW
NRS 244A.455 to 244A.573 , inclusive, may be cited as the County
Sewage and Wastewater Law.
(Added to NRS by 1973, 1726; A 1975, 1336)—(Substituted in revision
for NRS 244.922)
NRS 244A.455 to 244A.573
, inclusive, applies to any county
whose population is 400,000 or more.
(Added to NRS by 1973, 1726; A 1975, 1336; 1979, 520; 1989, 1902)
It is hereby declared as
a matter of legislative determination that:
1. It is essential to the maintenance of the public health,
welfare and orderly local government that each county to which NRS
244A.455 to 244A.573 , inclusive, pertain be empowered to become
the master agency within its territory for the collection, disposal and
treatment of sewage and wastewater. In addition, it is essential that the
master agency be empowered to perform and require compliance with any and
all areawide waste management planning which may be required by the State
or Federal Government in connection with the exercise or implementation
of any of the powers, authorizations and responsibilities provided in NRS
244A.455 to 244A.573 , inclusive.
2. Granting to such counties the purposes, powers, rights,
privileges and immunities provided in NRS 244A.455 to 244A.573 , inclusive, will serve a public use and will
promote the health, safety, prosperity, security and general welfare of
the inhabitants thereof and of the State.
3. The acquisition, improvement, equipment, maintenance and
operation of any project herein authorized is in the public interest, is
conducive to the public health, and constitutes a part of the established
and permanent policy of the State.
4. The necessity for the County Sewage and Wastewater Law is a
result of:
(a) The intense development of residential, commercial, industrial
and other human activities in both incorporated and unincorporated areas
within such counties;
(b) The ensuing need for extensive, coordinated control,
collection, disposal and treatment of all sources of pollution, including
but not limited to sewage, wastewater and in place or accumulated
pollution sources; and
(c) The ensuing need for areawide waste management planning for
such control, collection, disposal and treatment.
5. The Legislature recognizes the duty of such counties as
instruments of State Government to meet adequately the needs for such
facilities within their boundaries, in cooperation with the State,
municipalities and districts within the county and in satisfaction of
federal and state requirements and standards relating to pollution.
6. The Legislature recognizes that there may be alternative
solutions to the pollution abatement problem in such counties. It is the
intention of the Legislature that those charged with the responsibility
of correcting the problem be able to avail themselves of all assistance
that may develop through advances in technology and changing
circumstances and regulations, federal or state, that have an impact on
the problem. In construing the powers, authorities and responsibilities
conveyed by the Legislature in NRS 244A.455 to 244A.573 , inclusive, the economic burden on the
citizens of this state and the ultimate feasibility of the projects
undertaken shall be carefully weighed in the light of the state of the
art and the regulations governing the master agency at the time
undertaken. Among the factors which will determine the ultimate
resolution of the problem, the protection and the fullest beneficial use
of the resource represented by the water shall be given top priority. The
Legislature finds that the courses of action that may be developed to
find satisfactory solutions are necessary for the preservation of this
valuable natural resource of the State and are within the meaning of the
second paragraph of Section 3 of Article 9 of the Constitution of the
State of Nevada.
7. For the accomplishment of these purposes the provisions of NRS
244A.455 to 244A.573 , inclusive, shall be broadly construed.
8. The notices herein provided are reasonably calculated to inform
each interested person of his legally protected rights.
9. The rights and privileges herein granted comply in all respects
with any requirement imposed by any constitutional provision.
(Added to NRS by 1973, 1726; A 1975, 1336; 1977, 19)—(Substituted
in revision for NRS 244.9222)
1. Except as otherwise provided in NRS 244A.455 to 244A.573 , inclusive, the definitions provided in the
Local Government Securities Law apply to county securities issued
hereunder and the definitions provided in the State Securities Law apply
to state securities issued hereunder.
2. The definitions provided in NRS 244A.463 to 244A.493 , inclusive, apply specifically to NRS
244A.455 to 244A.573 , inclusive.
(Added to NRS by 1973, 1727; A 1975, 1337; 1977, 20)—(Substituted
in revision for NRS 244.9223)
“Advisory committee”
means the county sewage and wastewater advisory committee.
(Added to NRS by 1973, 1727)—(Substituted in revision for NRS
244.9224)
“Board,” when not otherwise
qualified, means the board of county commissioners of the county.
(Added to NRS by 1973, 1727)—(Substituted in revision for NRS
244.9225)
“Bond requirements”
means the principal of, any prior redemption premiums due in connection
with, and the interest on designated bonds or other securities.
(Added to NRS by 1973, 1727)—(Substituted in revision for NRS
244.9226)
“County” means any county as
described in NRS 244A.457 .
(Added to NRS by 1973, 1727)—(Substituted in revision for NRS
244.9227)
“County securities”
means the securities authorized to be issued by the county pursuant to
NRS 244A.455 to 244A.573 , inclusive.
(Added to NRS by 1973, 1728; A 1975, 1338; 1977, 21)—(Substituted
in revision for NRS 244.9228)
“Discharge” means any addition
of a pollutant or pollutants to water.
(Added to NRS by 1975, 1334)—(Substituted in revision for NRS
244.92288)
“Facilities” means the
facilities of the State, county or other designated public body used or
suitable for use for the control, collection, disposal and treatment of
all sources of pollution, whether or not they are point sources,
including but not limited to sewage, wastewater and in place or
accumulated pollution sources and consisting of all properties, real,
personal, mixed or otherwise, acquired by the State, the county or the
public body, as the case may be, by one or more projects through
purchase, condemnation (subject to the provisions of NRS 244A.521 ), construction or otherwise, and used in
connection with such purposes and related services or in any way
pertaining thereto and situated within the county, whether within or
without or both within and without the territorial limits of the public
body.
(Added to NRS by 1973, 1728; A 1975, 1338; 1977, 21)—(Substituted
in revision for NRS 244.923)
1. “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereof,”
“hereunder,” “herewith,” or any term of similar import, refers to NRS
244A.455 to 244A.573 , inclusive, and not solely to the particular
portion thereof in which such word is used.
2. “Heretofore” means before February 24, 1977.
3. “Hereafter” means after February 24, 1977.
(Added to NRS by 1973, 1728; A 1975, 1338; 1977, 21)—(Substituted
in revision for NRS 244.9231)
“Newspaper” means a newspaper
printed at least once each calendar week.
(Added to NRS by 1973, 1728)—(Substituted in revision for NRS
244.9232)
“Point source” means any
discernible, confined and discrete conveyance, including but not limited
to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation, or
vessel or other floating craft, from which pollutants are or may be
discharged.
(Added to NRS by 1975, 1334)—(Substituted in revision for NRS
244.92325)
“Pollutant”:
1. Means dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand,
cellar dirt and industrial, municipal and agricultural waste discharged
into water;
2. Does not mean water, gas or other material which is injected
into a well to facilitate production of oil or gas, or water derived in
association with oil or gas production and disposed of in a well, if the
well is used either for facilitating production or for disposal purposes
and if the Department of Health and Human Services determines that such
injection or disposal will not result in the degradation of ground or
surface water resources.
(Added to NRS by 1975, 1334)—(Substituted in revision for NRS
244.92327)
“Pollution” means the man-made
or man-induced alteration of the chemical, physical, biological and
radiological integrity of water.
(Added to NRS by 1975, 1334)—(Substituted in revision for NRS
244.92328)
1. “Project” means an undertaking pertaining to such part of the
facilities of the county or designated public body as the board or
governing body determines to acquire, improve or equip (or any
combination thereof) and authorized at one time.
2. “Project” also includes the construction, installation and
acquisition of the facilities by the State, acting through the board.
(Added to NRS by 1973, 1728; A 1977, 21)—(Substituted in revision
for NRS 244.9233)
1. “Publication” or “publish” means three consecutive weekly
publications in at least one newspaper having general circulation in the
county, the first publication being at least 15 days prior to the
designated time or event.
2. Any notice or other instrument published shall not necessarily
be made on the same day of the week in each of the 3 weeks; but not less
than 14 days, excluding the day of the first publication but including
the day of the last publication, shall intervene between the first
publication and the last publication.
3. Publication shall be complete on the day of the last
publication.
4. Any publication herein required shall be verified by the
affidavit of the publisher and filed with the county clerk.
(Added to NRS by 1973, 1728)—(Substituted in revision for NRS
244.9234)
“Service charges” means
the fees, rates and other charges for the use of the facilities of the
State, county or designated public body, as the case may be, or for any
service rendered by the State, county or public body in the operation
thereof, or otherwise.
(Added to NRS by 1973, 1729; A 1977, 21)—(Substituted in revision
for NRS 244.9235)
“State securities” means
the securities authorized to be issued by the State pursuant to NRS
244A.455 to 244A.573 , inclusive.
(Added to NRS by 1973, 1729; A 1977, 22)—(Substituted in revision
for NRS 244.9236)
If any
officer of this state or of the Federal Government who is empowered by
law to determine the existence of violations of water quality standards
which have the force of state or federal law or violations of conditions
of a pollution discharge permit required by state or federal law notifies
the county or any public body within the county that such a standard or
condition is being violated, or has so notified the county or public body
prior to February 24, 1977, and the violation continues after February
24, 1977, the county shall eliminate such violation by the construction,
other acquisition, improvement, equipment, operation, maintenance or
repair of such facilities therefor as the board deems necessary or
advisable, unless such public body, subject to the approval of the board,
eliminates such violation. If the violation occurs in facilities owned by
another public body, the county is entitled to recover from that public
body the costs of eliminating the violation plus interest from the date
on which each element of those costs was respectively paid.
(Added to NRS by 1973, 1729; A 1977, 22)—(Substituted in revision
for NRS 244.9237)
1. In each county there shall be appointed a technical advisory
committee to be designated as the county sewage and wastewater advisory
committee.
2. The advisory committee consists of two members appointed by the
board, three members appointed by the governing body of the most populous
city in the county, two members appointed by the governing body of the
second most populous city in the county, one member appointed by the
governing body of each other city in the county, and one member appointed
by the governing body of each water district, sanitation district or
water and sanitation district in the county having within its boundaries
a population of 5,000 or more.
3. Each appointee shall be an employee of the municipality or
district whose governing body is required to make the appointment and
shall at the time of that employment be actively engaged in the operation
or management of sewer or water facilities within the municipality or
district, except the county prior to its operation of facilities.
4. Each appointee shall serve without additional compensation or
fidelity bond for his duties as a member of the advisory committee and
remains a member until death or resignation or his termination as a
member, with or without cause, by the governing body of the appointing
municipality or district and its appointment of his successor. The
governing body of an appointing municipality or district shall in any
case terminate the membership on the advisory committee of any of its
appointed members within a reasonable time after any member ceases to be
employed by the municipality or district in sewer or water work and shall
appoint a successor with the required qualifications.
5. The committee shall elect such officers from within its
membership, fix such time and place of meetings, adopt such rules of
procedure and keep such records all as in its sole discretion it shall
determine to be consistent with the purposes of NRS 244A.455 to 244A.573 , inclusive.
6. No member of the advisory committee may be interested in any
contract or transaction with the county under consideration by the
advisory committee except in his official representative capacity or in
his capacity as a public officer or employee.
7. The advisory committee shall proceed immediately upon
appointment and at all times thereafter diligently to inform itself as to
all laws, matters and things which may be of significance in maintaining
the quality of collection, disposal and treatment of sewage and
wastewater in the county and the consequent purity of water within the
county. The advisory committee shall also advise the board of conditions
which in the judgment of the advisory committee require action by the
board, and make recommendations in regard thereto.
8. It is the intent of NRS 244A.455 to 244A.573 , inclusive, that the existence and
activities of the advisory committee in no way diminish the
responsibility of the board or the officers of the county in fulfilling
the legislative declaration expressed in NRS 244A.459 and in performing its duties as the master
agency of the county in these matters.
(Added to NRS by 1973, 1729; A 1975, 1338; 1977, 22; 1979,
520)—(Substituted in revision for NRS 244.9238)
1. The county, the State, or both, acting through the board, may
construct, otherwise acquire, improve, equip, relocate, repair, maintain
and operate the facilities or any part thereof for the benefit of the
State, the county and their inhabitants, after the board has made such
preliminary studies and otherwise taken such action as it determines to
be necessary or desirable as preliminaries thereto.
2. When a comprehensive program satisfactory to the board for the
acquisition of facilities for the county, the State, or both, is
available, such program shall be tentatively adopted. The program need
only describe the proposed facilities in general terms and not in detail.
3. A public hearing on the proposed program shall be scheduled,
and notice of the hearing shall be given by publication. After the
hearing and any adjournments thereof which may be ordered, the board may
require changes to be made in the program as the board considers
desirable, or the board may approve the program as prepared.
4. If any substantial changes to the comprehensive program are
ordered at any time, in the original acquisition of the facilities or in
any improvement thereto, or otherwise, a further hearing shall be held
pursuant to notice which shall be given by publication.
5. Such a comprehensive program may consist of one project or of
more than one project. A public hearing need not be held on each such
project if it implements such a comprehensive program on which a public
hearing has been held.
(Added to NRS by 1973, 1730; A 1977, 23)—(Substituted in revision
for NRS 244.9239)
1. The county, the State, or both, shall not acquire as a part of
the facilities any properties which at the time of their acquisition
compete in any area with then existing facilities of a public body
providing the same or a similar function or service therein without the
consent of such public body, but the facilities of the county, the State,
or both, without such consent, may complement such existing facilities of
a public body by providing in such an area supplemental functions or
services if such existing facilities provide inadequate functions or
services.
2. The State or the county may acquire properties of any public
body situate in the county as a project of the State or the county or an
interest therein.
(Added to NRS by 1973, 1730; A 1977, 24)—(Substituted in revision
for NRS 244.924)
1. Before the State acting through the board, or the county,
prepares or causes to be prepared plans, specifications or other
documents for the construction, other acquisition, improvement or
equipment of any work or other real property for the facilities of the
State or the county except repairs, major renewals and major
replacements, the State or the county shall submit preliminary plans to:
(a) The Division of Environmental Protection of the State
Department of Conservation and Natural Resources;
(b) The county board of health; and
(c) The county regional planning body,
Ê for approval of the type, scope and location of the proposed work or
other real property for the facilities.
2. Each such agency may require the State or the county to submit
additional information to the agency pertaining to any such request for
such approval and may require modifications to such plans as a condition
of the agency’s approval.
3. Upon the receipt of each agency’s approval in writing of such
plans, the State or the county may prepare or cause to be prepared plans,
specifications or other documents for the construction, other
acquisition, improvement or equipment of such works or property in
conformance with such approval.
4. The county board of health shall not require any modification
with which the State Environmental Commission does not concur.
(Added to NRS by 1973, 1731; A 1977, 24; 2005, 559 )
1. Before the State acting through the board, or the county,
constructs, otherwise acquires, improves or equips any work or other real
property for the facilities of the State or the county except repairs,
major renewals and major replacements, the State or the county shall
submit plans, specifications or other instruments or other documents
pertaining thereto for the approval of such acquisitions, improvements or
equipment to the Division of Environmental Protection of the State
Department of Conservation and Natural Resources.
2. The Division may require the State or the county to submit
additional information pertaining to any such request for such approval
and may require modifications to such instruments or documents as a
condition of its approval.
3. Upon the receipt of the Division’s approval in writing of such
works or other property, the State or the county may construct, otherwise
acquire, improve or equip such works or property in conformance with such
approval.
(Added to NRS by 1977, 18)—(Substituted in revision for NRS
244.92415)
The county may also for the purpose of acquiring facilities:
1. Borrow money and issue county securities evidencing any loan to
or amount due by the county, provide for and secure the payment of any
county securities and the rights of the holders thereof, and purchase,
hold and dispose of county securities.
2. Fund or refund any loan or obligation of the county and issue
funding or refunding securities to evidence such loan or obligation, as
hereinafter provided, without an election.
3. Levy and cause to be collected taxes on and against all taxable
property within the county as hereinafter provided, subject to the
limitations provided in the Constitution and statutes of this state.
4. Fix, from time to time, increase or decrease, collect and cause
to be collected rates, fees and other service charges pertaining to the
facilities of the county, including, without limitation, minimum charges
and charges for availability of the facilities or services relating
thereto, pledge such revenues for the payment of county securities, and
enforce the collection of such revenues by civil action or by any other
means provided by law.
5. Purchase, acquire by gift or otherwise acquire properties,
including without limitation existing sewage or wastewater systems or
parts thereof or interests therein, of the Federal Government, the State,
any public body or any person as a project of the county or so acquire an
interest therein. The county may acquire such properties subject to any
mortgage, deed of trust or other lien on the acquired properties to
secure the payment of any obligations pertaining thereto.
6. Accept contributions or loans from the Federal Government for
the purpose of financing the planning, acquisition, improvement,
equipment, maintenance and operation of any enterprise in which the
county is authorized to engage, and enter into contracts, cooperate with
and accept cooperation from, the Federal Government in the planning,
acquisition, improvement, equipment, maintenance and operation, and in
financing the planning, acquisition, improvement, equipment, maintenance
and operation of any such enterprise, including without limitation costs
of engineering, architectural, and economic investigations and studies,
surveys, designs, plans, working drawings, specifications, procedures and
other action preliminary to the acquisition, improvement or equipment of
any project, and do any and all things necessary in order to avail itself
of such aid, assistance and cooperation.
(Added to NRS by 1973, 1731; A 1977, 25; 1981, 950)
The county may in relation to the facilities:
1. Hire and retain officers, agents, employees, engineers and any
other persons, permanent or temporary, necessary or desirable to effect
the purposes hereof, defray any expenses incurred thereby in connection
with its facilities, and acquire office space, equipment, services,
supplies, fire and extended coverage insurance, use and occupancy
insurance, workmen’s compensation insurance, property damage insurance,
public liability insurance for the county and its officers, agents and
employees, and other types of insurance, as the board may determine; but
no provision herein authorizing the acquisition of insurance shall be
construed as waiving any immunity of the county or any director, officer
or agent otherwise existing under the laws of the State.
2. Pay or otherwise defray the cost of any project.
3. Pay or otherwise defray and contract so to pay or defray, for
any term not exceeding 50 years, the principal of, any interest on, and
any other charges pertaining to any securities or other obligations,
outstanding or otherwise existing for a period of at least 2 years, of
the Federal Government, the State, any public body or any person incurred
in connection with any property thereof subsequently acquired therefrom
by the county and relating to its facilities.
4. Establish, operate and maintain facilities within the county
across or along any public street, highway, bridge, viaduct or other
public right-of-way, or in, upon, under or over any vacant public lands,
which public lands now are, or may become, the property of the State or a
public body, without first obtaining a franchise from the State or the
public body having jurisdiction over the same; but the county shall
cooperate with the State and any public body having such jurisdiction,
shall promptly restore any such street, highway, bridge, viaduct or other
public right-of-way to its former state of usefulness as nearly as may
be, and shall not use the same in such manner as permanently to impair
completely or unnecessarily the usefulness thereof.
5. Adopt, amend, repeat, enforce and otherwise administer such
reasonable ordinances, resolutions, rules, regulations and orders as the
county determines necessary or convenient for the operation, maintenance,
management, government and use of the county’s facilities and any other
like facilities under its control.
6. Adopt, amend, repeal, enforce and otherwise administer under
the police power within the territorial limits of the county such
reasonable ordinances, resolutions, rules, regulations and orders in
relation to the collection, disposal or treatment of sewage and
wastewater after a public hearing thereon is held by the board, in
connection with which any public body in the area involved or otherwise
exercising powers affecting the functions and services therein of the
county and persons of interest have an opportunity to be heard, after
mailed notice of the hearing is given by the clerk to each such public
body and after notice of such hearing is given by publication by the
clerk to persons of interest, both known and unknown.
7. Provide that any violation of any ordinance adopted under
subsections 5 and 6 shall be a misdemeanor.
8. Sell and otherwise dispose of any by-products resulting from
the operation of the facilities.
(Added to NRS by 1973, 1732)—(Substituted in revision for NRS
244.9243)
The county may also in relation to the
county facilities:
1. Enter, without any election, into joint operating or service
contracts and agreements, acquisition, improvement, equipment or disposal
contracts or other arrangements, for any term not exceeding 50 years,
with the Federal Government, the State or any public body concerning the
facilities, and any project or property pertaining thereto, whether
acquired by the county, by the Federal Government, by the State or by any
public body, and may accept grants and contributions from the Federal
Government, the State, any public body or any person.
2. Enter into and perform, without any election, when determined
by the board to be in the public interest, contracts and agreements, for
any term not exceeding 50 years, with the Federal Government, the State,
any public body or any person for the provision and operation by the
county of any property pertaining to such facilities of the county or any
project relating thereto and the payment periodically thereby to the
county of amounts at least sufficient, if any, in the determination of
the board, to compensate the county for the cost of providing, operating
and maintaining such facilities serving the Federal Government, the
State, such public body or such person, or otherwise; but no such service
contract shall be entered into with any such party who at such time is
being lawfully served by another public body without the prior consent of
such presently serving public body.
3. Enter into and perform, without any election, contracts and
agreements with the Federal Government, the State, any public body or any
person for or concerning the planning, construction, lease or other
acquisition, improvement, equipment, operation, maintenance, disposal and
the financing of any property pertaining to the facilities of the county
or to any project of the county, including, but not necessarily limited
to, any contract agreement for any term not exceeding 50 years.
4. Cooperate with and act in conjunction with the Federal
Government or any of its engineers, officers, boards, commissions or
departments, or with the State or any of its engineers, officers, boards,
commissions or departments, or with any public body or any person in the
acquisition, improvement or equipment of any facilities or any project
authorized for the county or for any other works, acts or purposes
provided for herein, and adopt and carry out any definite plan, system or
work for any such purpose.
5. Cooperate with the Federal Government, the State or any public
body by an agreement therewith by which the county may:
(a) Acquire and provide, without cost to the cooperating entity,
the land, easements and rights-of-way necessary for the acquisition,
improvement or equipment of any project.
(b) Hold and save the cooperating entity harmless from any claim
for damages arising from the acquisition, improvement, equipment,
maintenance and operation of any facilities.
(c) Maintain and operate any facilities in accordance with
regulations prescribed by the cooperating entity.
6. Provide, by any contract for any term not exceeding 50 years,
or otherwise, without an election:
(a) For the joint use of personnel, equipment and facilities of the
county, the Federal Government, the State or any public body, including,
without limitation, public buildings constructed by or under the
supervision of the board or the governing body of the other party or
parties to the contract concerned, upon such terms and agreements and
within such areas within the county as may be determined, for the
promotion and protection of health, comfort, safety, life, welfare and
property of the inhabitants of the county, the Federal Government, the
State, any such public body and any persons of interest.
(b) For the joint employment of clerks, stenographers and other
employees pertaining to the facilities or any project, now existing or
hereafter established in the county, upon such terms and conditions as
may be determined for the equitable apportionment of the resulting
expenses.
(Added to NRS by 1973, 1733; A 1977, 26)—(Substituted in revision
for NRS 244.9244)
The State, acting through the board, may also for the purpose of
acquiring facilities:
1. Borrow money and issue state securities evidencing any loan to
or amount due by the State, provide for and secure the payment of any
state securities and the rights of the holders thereof, and purchase,
hold and dispose of state securities.
2. Fund or refund any loan or obligation of the State and issue
funding or refunding securities to evidence such loan or obligation, as
hereinafter provided.
3. Levy and cause to be collected taxes on and against all taxable
property within the State as hereinafter provided, subject to the
limitations provided in the Nevada Constitution.
4. Fix, from time to time, increase or decrease, collect and cause
to be collected rates, fees and other service charges pertaining to the
facilities of the State, pledge such revenues for the payment of state
securities, and enforce the collection of such revenues by civil action
or by any other means provided by law.
5. Purchase, acquire by gift or otherwise acquire properties,
including, without limitation, existing sewage or wastewater systems or
parts thereof or interests therein, of the Federal Government, the
county, any public body in the county or any person as a project of the
State or so acquire an interest therein. The State may acquire such
properties subject to any mortgage, deed of trust or other lien on the
acquired properties to secure the payment of any obligations pertaining
thereto.
6. Accept contributions or loans from the Federal Government for
the purpose of financing the planning, acquisition, improvement,
equipment, maintenance and operation of any enterprise in which the State
is authorized to engage, and enter into contracts, cooperate with and
accept cooperation from, the Federal Government in the planning,
acquisition, improvement, equipment, maintenance and operation, and in
financing the planning, acquisition, improvement, equipment, maintenance
and operation of any such enterprise, including, without limitation,
costs of engineering, architectural, and economic investigations and
studies, surveys, designs, plans, working drawings, specifications,
procedures and other action preliminary to the acquisition, improvement
or equipment of any project, and do any and all things necessary in order
to avail itself of such aid, assistance and cooperation.
(Added to NRS by 1977, 13)—(Substituted in revision for NRS
244.92441)
The State, acting through the board, may in relation to the facilities
of the State:
1. Acquire office space, equipment, services, supplies, fire and
extended coverage insurance, use and occupancy insurance, workmen’s
compensation insurance, property damage insurance, public liability
insurance for the State, the county and their respective officers, agents
and employees, and other types of insurance, as the board may determine,
but no provision herein authorizing the acquisition of insurance waives
any immunity of the State, the county or any director, officer or agent
otherwise existing under the laws of the State.
2. Pay or otherwise defray the cost of any project.
3. Establish, operate and maintain facilities within the county
across or along any public street, highway, bridge, viaduct or other
public right-of-way, or in, upon, under or over any vacant public lands,
which public lands now are or may become the property of the State, the
county, or a public body, without first obtaining a franchise from the
county or the public body having jurisdiction over the same, but the
State shall cooperate with the county and any public body having such
jurisdiction, shall promptly restore any such street, highway, bridge,
viaduct or other public right-of-way to its former state of usefulness as
nearly as may be, and shall not use the same in such manner as
permanently to impair completely or unnecessarily the usefulness thereof.
4. Adopt, amend, repeal, enforce and otherwise administer such
reasonable rules, regulations and orders as the board determines
necessary or convenient for the operation, maintenance, management,
government and use of the State’s facilities and any other like
facilities under its control.
5. Adopt, amend, repeal, enforce and otherwise administer under
the police power within the territorial limits of the county such
reasonable rules, regulations and orders in relation to the collection,
disposal or treatment of sewage and wastewater after a public hearing
thereon is held by the board, in connection with which any public body in
the area involved or otherwise exercising powers affecting the functions
and services therein of the State and persons of interest have an
opportunity to be heard, after mailed notice of the hearing is given by
the clerk of the board to each such public body and after notice of such
hearing is given by publication by the clerk to persons of interest, both
known and unknown.
6. Sell and otherwise dispose of any by-products resulting from
the operation of the facilities.
(Added to NRS by 1977, 14)—(Substituted in revision for NRS
244.92443)
The State, acting through the
Governor, may, in relation to state facilities, contract with the county
for it to hire and retain officers, agents, employees, engineers and any
other persons, as county personnel permanent or temporary, whose
employment is necessary or desirable to effect the purposes hereof, and
to defray any expenses incurred thereby in connection with state
facilities as operation and maintenance expenses thereof.
(Added to NRS by 1977, 15)—(Substituted in revision for NRS
244.92445)
The State, acting through the Governor,
may also in relation to state facilities:
1. Enter into and perform joint operating or service contracts and
agreements, acquisition, improvement, equipment or disposal contracts or
other arrangements, for any term not exceeding 50 years, with the Federal
Government, the county or any public body concerning the facilities, and
any project or property pertaining thereto, whether acquired by the
State, by the Federal Government, by the county or by any public body,
and may accept grants and contributions from the Federal Government, the
county, any public body or any person.
2. Enter into and perform contracts and agreements, for any term
not exceeding 50 years, with the Federal Government, the county, any
public body or any person for the provision and operation by the State of
any property pertaining to such facilities of the State or any project
relating thereto and the payment periodically by the other contracting
party to the State of amounts at least sufficient, in the determination
of the Governor, to compensate the State for the cost, if any, of
providing, operating and maintaining such facilities serving the Federal
Government, the county, such public body or such person, or otherwise,
but no such service contract may be entered into with any such party who
at such time is being lawfully served by another public body without the
prior consent of such presently serving public body.
3. Enter into and perform contracts and agreements with the
Federal Government, the county, any public body or any person for or
concerning the planning, construction, lease or other acquisition,
improvement, equipment, operation, maintenance, disposal and financing of
any property pertaining to the facilities of the State or to any project
of the State, including, but not necessarily limited, to any contract or
agreement for any term not exceeding 50 years.
4. Cooperate with and act in conjunction with the Federal
Government or any of its engineers, officers, boards, commissions or
departments, or with the county or any of its engineers, officers,
boards, commissions or departments, or with any public body or any person
in the acquisition, improvement or equipment of any facilities or any
project authorized for the State or for any other works, acts or purposes
provided for herein, and adopt and carry out any definite plan, system or
work for any such purpose.
5. Cooperate with the Federal Government, the county or any public
body by an agreement therewith by which the State may:
(a) Acquire and provide, without cost to the cooperating entity,
the land, easements and rights-of-way necessary for the acquisition,
improvement or equipment of any project.
(b) Hold and save the cooperating entity harmless from any claim
for damages arising from the acquisition, improvement, equipment,
maintenance and operation of any facilities.
(c) Maintain and operate any facilities in accordance with
regulations prescribed by the cooperating entity.
6. Provide, by any contract for any term not exceeding 50 years,
or otherwise:
(a) For the joint use of personnel, equipment and facilities of the
State, the Federal Government, the county or any public body, including,
without limitation, public buildings constructed by or under the
supervision of the board or the governing body of the other party or
parties to the contract concerned, upon such terms and agreements and
within such areas within the county as may be determined, for the
promotion and protection of health, comfort, safety, life, welfare and
property of the inhabitants of the State, the Federal Government, the
county, any such public body and any persons of interest.
(b) For the joint employment of clerks, stenographers and other
employees pertaining to the facilities or any project, now existing or
hereafter established in the county, upon such terms and conditions as
may be determined for the equitable apportionment of the resulting
expenses.
(Added to NRS by 1977, 15)—(Substituted in revision for NRS
244.92447)
The county, or the State acting through the
board, may also:
1. Enter upon any land, make surveys, borings, soundings and
examinations, and locate the necessary works of any project and any
roadways and other rights-of-way pertaining to any project herein
authorized, and acquire all property necessary or convenient for the
acquisition, improvement or equipment of such works, including works
constructed and being constructed by private owners, and all necessary
appurtenances.
2. Acquire property by agreement, condemnation by the exercise of
the power of eminent domain or otherwise, and in case any street, road,
highway, railroad, canal, ditch or other property subject or devoted to
public use and located within the county, whether within or without or
both within and without the territorial limits of any public body,
becomes subject to interference by reason of the construction or proposed
construction of any works of the county or the State, the right so to
interfere with such property, whether it be publicly or privately owned;
except:
(a) If such right is acquired by condemnation proceedings and if
the court finds that public necessity or convenience so require, the
judgment may direct the county or the State, as the case may be, to
relocate such street, road, highway, railroad, canal, ditch or other
property in accordance with the plans prescribed by the court.
(b) If, by such judgment or agreement, the county or the State is
required to relocate any such street, road, highway, railroad, canal,
ditch or other property subject or devoted to public use, the board may
acquire in the name of the county or the State, by agreement or
condemnation, all rights-of-way and other property necessary or proper
for compliance with the agreement or judgment of condemnation, and
thereafter make such conveyance of such relocated street, road, highway,
railroad, canal, ditch or other property as may be proper to comply with
the agreement or judgment.
(c) No property, except for easements and rights-of-way, may be
acquired by condemnation if at the time of the proposed exercise of such
power such property is utilized by a public body for the collection,
disposal or treatment of sewage or wastewater.
3. Carry on technical and other investigations of all kinds, make
measurement, collect data, and make analyses, studies and inspections
pertaining to the facilities and any project.
4. Make and keep records in connection with the facilities and any
project or otherwise concerning the county or the State.
5. Arbitrate any differences arising in connection with the
facilities and any project or otherwise concerning the county or the
State.
6. Have the management, control and supervision of all business
and affairs pertaining to the facilities and any project herein
authorized, or otherwise concerning the county or the State, and of the
acquisition, improvement, equipment, operation, maintenance and disposal
of any property pertaining to the facilities or any such project.
7. Enter into contracts of indemnity and guaranty relating to or
connected with the performance of any contract or agreement which the
county or the State, as the case may be, is empowered to enter into.
8. Obtain financial statements, appraisals, economic feasibility
reports and valuations of any type pertaining to the facilities or any
project or any property relating thereto.
9. Adopt any ordinance or resolution authorizing a project or the
issuance of county securities or state securities, or any combination
thereof.
10. Make and execute an indenture or other trust instrument
pertaining to any county securities or state securities herein
authorized, except as otherwise provided in NRS 244A.455 to 244A.573 , inclusive.
11. Make all contracts, execute all instruments and do all things
necessary or convenient in the exercise of the powers granted herein, or
in the performance of the county’s or the State’s covenants or duties, or
in order to secure the payment of county or state securities.
12. Have and exercise all rights and powers necessary or
incidental to or implied from the specific powers granted herein, which
specific powers shall not be considered as a limitation upon any power
necessary or appropriate to carry out the purposes and intent hereof.
13. Exercise all or any part or any combination of the powers
herein granted.
(Added to NRS by 1973, 1734; A 1975, 1339; 1977, 27)—(Substituted
in revision for NRS 244.9245)
The governing body of
any public body, upon its behalf and in its name, for the purpose of
aiding and cooperating in any project herein authorized, upon the terms
and with or without consideration and without an election, may:
1. Sell, lease, loan, donate, grant, convey, assign, transfer and
otherwise dispose to the county or the State any facilities or any other
property, or any interest therein, pertaining to any project.
2. Make available to the county or the State for temporary use or
otherwise to dispose of any machinery, equipment, facilities and other
property, and any agents, employees, persons with professional training,
and any other persons, to effect the purposes hereof. Any such property
and persons owned or in the employ of any public body while engaged in
performing for the county or the State any service, activity or
undertaking herein authorized, pursuant to contract or otherwise, have
and retain all of the powers, privileges, immunities, rights and duties
of, and shall be deemed to be engaged in the service and employment of
such public body, notwithstanding such service, activity or undertaking
is being performed in or for the county or the State.
3. Enter into any agreement or joint agreement between or among
the Federal Government, the State, the county and any public bodies
extending over any period not exceeding 50 years, which is mutually
agreed thereby, notwithstanding any law to the contrary, respecting
action or proceedings pertaining to any power herein granted, and the use
or joint use of any facilities, project or other property herein
authorized.
4. Sell, lease, loan, donate, grant, convey, assign, transfer or
pay over to the county or the State any facilities or any project herein
authorized, or any part or parts thereof, or any interest in personal
property or real property, or any funds available for acquisition,
improvement or equipment purposes, including the proceeds of any
securities previously or hereafter issued for acquisition, improvement or
equipment purposes which may be used by the county in the acquisition,
improvement, equipment, maintenance and operation of any facilities or
project herein authorized.
5. Transfer, grant, convey or assign and set over to the county or
the State any contracts which may have been awarded by the public body
for the acquisition, improvement or equipment of any project not begun or
if begun, not completed.
6. Budget and appropriate, and each public body is hereby required
and directed to budget and appropriate, from time to time, the proceeds
of taxes, service charges and other revenues legally available therefor
to pay all obligations, which may be either general obligations or
special obligations, arising from the exercise of any powers herein
granted as such obligations shall accrue and become due.
7. Provide for an agency, by any agreement herein authorized, to
administer or execute that or any collateral agreement, which agency may
be one of the parties to the agreement, or a commission or board
constituted pursuant to the agreement.
8. Provide that any such agency shall possess the common power
specified in the agreement, and may exercise it in the manner or
according to the method provided in the agreement. Such power is subject
to the restrictions upon the manner of exercising the power of any one of
the contracting parties, which party shall be designated by the agreement.
9. Continue any agreement herein authorized for a definite term
not exceeding 50 years, or until rescinded or terminated, which agreement
may provide for the method by which it may be rescinded or terminated by
any party.
(Added to NRS by 1973, 1736; A 1977, 28)—(Substituted in revision
for NRS 244.9246)
All of the powers,
privileges, immunities and rights, exemptions from laws, ordinances and
rules, all pension, relief, disability, workmen’s compensation and other
benefits which apply to the activity of officers, agents or employees of
the State or the county or any public body when performing their
respective functions within the territorial limits of the respective
public agencies apply to them to the same degree and extent while engaged
in the performance of any of their functions and duties
extraterritorially hereunder, and while engaged in the performance of any
of their functions and duties under any contract or agreement authorized
hereunder.
(Added to NRS by 1973, 1737; A 1977, 30)—(Substituted in revision
for NRS 244.9247)
The board, in connection with powers
which it exercises hereunder and pertaining to any state facilities or
state securities, or both, shall exercise such powers in the same manner
as if such facilities or securities, or both, were county facilities or
county securities, or both, by the adoption of ordinances, resolutions,
or otherwise, as provided in chapter 244 of
NRS and other laws relating to counties, including, without limitation,
NRS 350.579 .
(Added to NRS by 1977, 16)—(Substituted in revision for NRS
244.92473)
The board may invest
or cause to be invested all money, whether federal, state, county or
other, which may come into its possession under NRS 244A.455 to 244A.573 , inclusive, in the manner provided by law
for the investment of county funds, but any interest which may be earned
on money provided by the State or by the Federal Government shall be
added to and applied to the same purpose as the principal.
(Added to NRS by 1977, 16)—(Substituted in revision for NRS
244.92475)
In
addition to the other means for providing revenue to defray the costs of
the activities and projects authorized by NRS 244A.455 to 244A.573 , inclusive, and to meet general obligation
bond requirements, the board shall have power and authority to levy and
collect general (ad valorem) taxes on and against all taxable property
within the county.
(Added to NRS by 1973, 1737; A 1975, 1341)—(Substituted in revision
for NRS 244.9248)
1. The county, or the State acting through the board, may fix,
modify and collect or cause to be collected service charges for direct or
indirect connection with, or the use or services of, the facilities of
the county or the State, respectively. These fees may include minimum
charges, charges for the availability of facilities or services, and
charges for future capital improvements, whether the facilities are in
operation or being acquired.
2. Such service charges may be charged to and collected in advance
or otherwise by the county or the State at any time or from time to time
from the Federal Government, the State, the county, any public body or
any person owning or occupying real property within the county which
directly or indirectly is or has been or will be connected with the
facilities of the county or the State from which property originates, has
originated or may originate rainwater, sewage, liquid wastes, solid
wastes, night soil or industrial wastes, which have entered or may enter
such facilities, or to which is made available untreated water, potable
water or water in any other state, as the case may be, and such owner or
occupant of any such real property shall be liable for and shall pay such
service charges to the county or the State at the time when and place
where such service charges are due and payable.
3. Such service charges of the county or the State may accrue from
any date which the board provides in any ordinance authorizing or other
instrument pertaining to the issuance of any securities or in any
contract with the Federal Government, the State, the county, any public
body or any person.
4. For the purpose of charging to and collecting service charges
from persons owning or occupying real property which is connected to the
facilities of any public body in the county, the county, or the State
acting through the board, may bring an action in any court of competent
jurisdiction to compel the public body to disclose the names and
addresses of all such persons.
(Added to NRS by 1973, 1737; A 1977, 30)—(Substituted in revision
for NRS 244.9249)
The county, or the State acting through the board, may enter
into a written contract with any public body or person providing for the
billing and collection by such public body or person of any of the
service charges levied by the board. If all or any part of any bill
rendered by any such public body or person pursuant to any such contract
is not paid, and if that public body or person renders any public utility
service to the public body or person billed, that public body or person
may discontinue its utility service until the bill is paid. The contract
between the board and such public body or person may provide for such
discontinuance.
(Added to NRS by 1977, 17)—(Substituted in revision for NRS
244.92491)
The Legislature has determined and
does hereby declare that the obligations arising from time to time of the
State or any public body to pay service charges fixed in connection with
the county’s facilities shall constitute general obligations of the State
or the public body charged with their payment; but as such obligations
accrue for current services and benefits from and use of such facilities,
the obligations shall not constitute an indebtedness of the State or the
public body within the meaning of any constitutional, charter or
statutory limitation or other provision restricting the incurrence of any
debt.
(Added to NRS by 1973, 1738)—(Substituted in revision for NRS
244.925)
1. The county, or the State acting through the board, may enforce
the collection of service charges made thereby to any public body which
fails to pay such charges within 90 days after they become due and
payable, in addition to any other remedy fixed by contract or otherwise,
by an action in the nature of a writ of mandamus or other action in any
court of competent jurisdiction to compel the levy without limitation as
to rate or amount, except for the limitation in Section 2 of Article 10
of the Nevada Constitution, by the governing body of the public body and
the collection of taxes on and against all taxable property therein
sufficient in amount to pay such delinquent charges, together with
penalties for delinquencies, court costs, reasonable attorneys’ fees and
other cost of collection.
2. The governing body of the public body may so levy such taxes
sufficient for the payment of such charges as they become due and
payable. The governing body may also apply for that purpose any other
funds that may be in the treasury of the public body and legally
available therefor, whether derived from any service charges imposed by
the public body for the use of or otherwise in connection with its sewer
system, or from any other source.
3. Upon such payments being made, the levy or levies of taxes for
the payment of the service charges so imposed by the county or the State
may thereupon to that extent be diminished.
4. Except to the extent specified in subsection 3, each such
public body shall annually levy taxes as provided in subsection 1
sufficient in amount to pay such service charges of the county or the
State promptly as they become due and payable.
(Added to NRS by 1973, 1738; A 1977, 30)—(Substituted in revision
for NRS 244.9251)
1. The board may elect to have service charges for county or state
facilities for the forthcoming fiscal year collected on the tax roll in
the same manner, by the same persons and at the same time as, and
together with, the county’s general taxes. If it so elects, it shall
cause a written report to be prepared and filed with the county clerk,
which shall contain a description of each parcel of real property
receiving such services and the amount of the charge for each parcel for
such year, computed in conformity with the charges prescribed by the
board.
2. This power to elect is alternative to all other powers of the
board and this procedure is 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 him.
4. The board may limit its election to delinquent charges and may
do so by preparing and filing the written report, giving notice and
holding its hearing only as to such delinquencies.
(Added to NRS by 1977, 17)—(Substituted in revision for NRS
244.92511)
1. Before the board may have service charges collected on the tax
roll, the board 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 assessor. If the
board adopts the report, 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.
2. The board shall cause notice of the filing of each report and
of the time and place of hearing thereon to be published at least 10 but
not more than 30 days prior to the date set for hearing in a newspaper of
general circulation within the county.
(Added to NRS by 1977, 17)—(Substituted in revision for NRS
244.92512)
1. 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.
2. 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. This determination is final.
3. After the hearing, when the board has made a final decision on
a service charge or fee to be collected on the county tax rolls, the
board shall cause to be prepared and filed 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.
(Added to NRS by 1977, 18)—(Substituted in revision for NRS
244.92513)
1. The amount of service charges to be collected on the tax roll
constitutes a lien against the lot or parcel of land against which the
charges have been imposed as of the time when the lien of taxes on the
roll attach.
2. 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, in the same manner and by the same persons as, and together with,
the general taxes for the county. The charges become delinquent at the
same time as such taxes and are subject to the same delinquency penalties.
3. 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, apply to such charges.
4. The county treasurer may issue separate bills for such charges
and separate receipts for collection on account of such charges.
(Added to NRS by 1977, 18)—(Substituted in revision for NRS
244.92514)
1. Until paid, all service charges of the county or the State
charged to any person owning or occupying real property in the county
constitute a perpetual lien against the property served, superior to all
liens, claims and titles other than liens for general taxes and special
assessments. This lien is not extinguished by the sale of any property on
account of nonpayment of any other lien, claim or title, including liens
for general taxes and special assessments.
2. A lien for unpaid service charges may be foreclosed in the same
manner as provided for the foreclosure of mechanics’ liens. Before any
such lien is foreclosed the board shall hold a hearing on the lien after
notice thereof 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 county in which the property is located.
(Added to NRS by 1977, 16; A 1995, 2224)
The
board may provide for a basic penalty for nonpayment of service charges
within the time and in the manner prescribed by it. The basic penalty
shall not be more than 10 percent of each month’s charges for the first
month delinquent. In addition to the basic penalty it may provide for a
penalty of not more than 1.5 percent per month for nonpayment of the
charges and basic penalty. On the first day of the calendar month
following the date of payment specified in the bill the charge becomes
delinquent if the bill or that portion thereof which is not in bona fide
dispute remains unpaid. The board may provide for collection of the
penalties provided for in this section.
(Added to NRS by 1977, 17)—(Substituted in revision for NRS
244.92517)
The county, or the State acting
through the board, may collect delinquent service charges and penalties
due from the Federal Government, the State, the county, any public body
or any person owning or occupying real property, by an action in any
court of competent jurisdiction.
(Added to NRS by 1977, 17)—(Substituted in revision for NRS
244.92518)
1. The board, on behalf of and in the name of the State of Nevada,
may:
(a) Acquire, hold, operate, maintain and improve the facilities
defined in NRS 244A.475 ;
(b) Acquire, hold, operate, maintain, improve and dispose of
properties pertaining to the facilities defined in NRS 244A.475 , including, without limitation, water and
water rights, for the benefit and welfare of the people of this state;
(c) Acquire the facilities defined in NRS 244A.475 , wholly or in part directly by construction
contract or otherwise, or indirectly by contract with the Federal
Government, or any combination thereof, as the board may from time to
time determine; and
(d) Borrow money and otherwise become obligated in a total
principal amount of not more than $78,000,000 to defray wholly or in part
the cost of acquiring the facilities defined in NRS 244A.475 , and issue state securities to evidence such
obligations.
2. No project or phase of a project for the creation of facilities
defined in NRS 244A.475 may be
authorized for funding with state securities until such funding is
approved by the Governor and, if the amount of state securities proposed
exceeds $50,000,000, by the Legislative Commission of the Legislature.
3. The advisory committee may recommend to the board the
implementation of design, engineering, specification development or pilot
plant studies for the furtherance of any project or phase of a project to
accomplish the development of the facilities defined in NRS 244A.475
. The implementation of such
recommendations to be financed by the issuance of state securities may be
authorized by the board with the approval of the Governor and the
Legislative Commission of the Legislature.
4. The board, on behalf of and in the name of the State of Nevada,
may transfer all of its interest in any facility financed pursuant to NRS
244A.455 to 244A.573 , inclusive, to a general improvement
district operating pursuant to chapter 318 of NRS to provide sanitary facilities for sewage within the county.
Any such transfer must be on terms and conditions that are mutually
agreeable to the board of county commissioners and the board of trustees
of the general improvement district. Upon such a transfer, except as
otherwise provided in subsection 5, the board of trustees of the general
improvement district is authorized to exercise on behalf of the State all
powers that the board of county commissioners is authorized to exercise
on behalf of the State pursuant to NRS 244A.455 to 244A.573 , inclusive, including the power to issue
state securities. The board of trustees of the general improvement
district shall assume all duties and responsibilities of the board of
county commissioners with respect to any facility financed pursuant to
NRS 244A.455 to 244A.573 , inclusive, and any bonds or other
obligations of the State issued for those facilities. Upon such a
transfer, all money held by the county pertaining to the facilities and
any bonds or other obligations of the State issued for the facilities
must be transferred to the general improvement district.
5. After a transfer pursuant to subsection 4, the board of county
commissioners shall continue to fix, modify and collect or cause to be
collected fees and charges pursuant to NRS 244A.523 to 244A.553 , inclusive, and 244A.557 , and shall transfer all fees and charges to
the general improvement district to which the facility was transferred.
(Added to NRS by 1973, 1738; A 1977, 31; 1989, 497)
Although the board is
empowered on behalf of the State to issue general obligation securities,
the board shall assess the costs of the project against the users thereof
through sewer service charges collected by or on behalf of the board at
such times and in such amounts as will enable the State to pay in timely
manner all operation and maintenance expenses and all principal of and
interest on any state securities issued, sold and delivered to pay for
all or any portion of the project, to accumulate and maintain any reserve
and replacement accounts pertaining to the facilities and such securities
provided in the ordinance or other proceedings relating thereto, and to
make such payments, if any, as it is required to make to the Federal
Government or any agency thereof, pursuant to any contract by which the
Federal Government made a loan to the State for payment of any of the
costs of the project. This section constitutes full and complete
authority for the board to levy, collect and enforce such sewer service
charges in such manner and in such amounts as the board determines
appropriate from time to time.
(Added to NRS by 1973, 1739; A 1977, 32)—(Substituted in revision
for NRS 244.9254)
1. The payment of county or state securities or any other
obligations of the county or State shall not be secured by an
encumbrance, mortgage or other pledge of property of the county or State,
except for its pledged revenues, proceeds of taxes, proceeds of
assessments, and any other money pledged for the payment of the
securities or such other obligations.
2. No property of the county or the State, except as provided in
subsection 5 of NRS 244A.507 and in
subsection 1 of this section, is liable to be forfeited or taken in
payment of any county or state securities or other obligations of the
county or the State.
(Added to NRS by 1973, 1740; A 1977, 32; 1981, 951)
No recourse may be had for the
payment of the principal of, any interest on, or any prior redemption
premiums due in connection with any bonds or other county or state
securities or other obligations of the county evidenced by any other
contract or for any claim based thereon or otherwise upon the ordinance
or resolution authorizing the issuance of such securities or the
incurrence of such other obligations or other instrument pertaining
thereto, against any individual director or any officer or other agent of
the county or the State, past, present or future, either directly or
indirectly through the board or the county or State or otherwise, whether
by virtue of any constitution or statute, or by the endorsement of any
penalty or otherwise, all such liability, if any, being by the acceptance
of the securities and as a part of the consideration of their issuance or
by the making of any other contract specially waived and released.
(Added to NRS by 1973, 1740; A 1977, 33)—(Substituted in revision
for NRS 244.9256)
The
faith of the State is hereby pledged that NRS 244A.455 to 244A.573 , inclusive, any law supplemental or
otherwise pertaining thereto, and any other act concerning the bonds or
other county or state securities, taxes or the pledged revenues, or any
combination of such securities, such taxes and such revenues, shall not
be repealed nor amended or otherwise directly or indirectly modified in
such a manner as to impair adversely any outstanding county or state
securities, until all such securities have been discharged in full or
provision for their payment and redemption has been fully made,
including, without limitation, from the known minimum yield from the
investment or reinvestment of moneys pledged therefor in federal
securities.
(Added to NRS by 1973, 1740; A 1975, 1341; 1977, 33)—(Substituted
in revision for NRS 244.9257)
Any contract, except a construction contract,
entered into pursuant to the provisions of NRS 244A.555 for facilities as defined in NRS 244A.475
is not binding upon the State until
executed or otherwise approved by the Governor, including, without
limitation, the execution of securities by the Governor in the manner and
as otherwise provided in the State Securities Law.
(Added to NRS by 1973, 1740; A 1977, 33)—(Substituted in revision
for NRS 244.9258)
455 to 244A.573 , inclusive. The officers of the county are
authorized and directed to take all action necessary or appropriate to
effectuate the provisions of NRS 244A.455 to 244A.573 , inclusive.
(Added to NRS by 1973, 1741; A 1975, 1342)—(Substituted in revision
for NRS 244.9259)
1. NRS 244A.455 to 244A.573
, inclusive, without reference to
other statutes of the State, except as herein otherwise expressly
provided, constitute full authority for the exercise of powers herein
granted, including, without limitation, the granting of contractual
powers to the State, the county and the other public bodies and the
financing of any project herein authorized wholly or in part and the
issuance of county or state securities to evidence such loans.
2. No other act or law with regard to the making of contracts, the
authorization or issuance of securities, other than the provisions of NRS
350.011 to 350.0165 , inclusive, which apply only to the issuance of county
securities, or the exercise of any other power herein granted that
provides for an election, requires an approval, or in any way impedes or
restricts the carrying out of the acts herein authorized to be done
applies to any proceedings taken hereunder or acts done pursuant hereto,
except as herein otherwise provided.
3. The provisions of no other law, either general, special or
local, except as provided herein, apply to the doing of the things herein
authorized to be done, and the State, the county and any public body may
not perform any of the acts herein authorized to be done, except as
herein provided.
4. No notice, consent or approval by the State or any public body
or officer thereof is required as a prerequisite to the sale or issuance
of any county securities or the making of any contract or the exercise of
any other power hereunder except as herein provided.
5. The powers conferred by NRS 244A.455 to 244A.573 , inclusive, are in addition to and
supplemental to, and the limitations imposed by such sections do not
affect the powers conferred by any other law, general or special, and
securities may be issued under those sections without regard to the
procedure required by any other such law except as otherwise provided in
those sections or in the State Securities Law. Insofar as the provisions
of such sections are inconsistent with the provisions of any other law,
general or special, the provisions of those sections are controlling.
6. No provision contained in NRS 244A.455 to 244A.573 , inclusive, repeals or affects any other law
or part thereof, it being intended that NRS 244A.455 to 244A.573 , inclusive, provide a separate method of
accomplishing their objectives and not an exclusive one.
(Added to NRS by 1973, 1741; A 1975, 1342; 1977, 33)—(Substituted
in revision for NRS 244.926)
1. The officers of the county shall develop an areawide waste
management plan pursuant to NRS 244A.459 , subject to the approval of the State
Department of Conservation and Natural Resources. The county officers may
revise this plan as often as they deem it necessary. A plan must include
but need not be limited to the following:
(a) The identification of treatment works necessary to meet the
anticipated municipal and industrial needs of the area for the treatment
of waste over a 20-year period, with an analysis of alternative systems,
including:
(1) Any requirements for the acquisition of land;
(2) The necessary systems for collection of wastewater and
management of urban storm water runoff; and
(3) A program to provide the necessary financial
arrangements for the development of the treatment works;
(b) The establishment of priorities for the construction of the
treatment works and time schedules for the initiation and completion of
all treatment works;
(c) The establishment of a regulatory program to:
(1) Carry out the waste treatment management requirements of
section 201(c) of P.L. 92-500 (33 U.S.C. § 1281(c));
(2) Regulate the location, modification and construction of
any facilities within the area which may result in any discharge in the
area; and
(3) Ensure that any industrial or commercial wastes
discharged into any treatment works in the area meet applicable
pretreatment requirements;
(d) The identification of those agencies necessary to construct,
operate and maintain all facilities required by the plan and otherwise to
carry out the plan;
(e) The identification of the measures necessary to carry out the
plan (including financing), the period necessary to carry out the plan,
the costs of carrying out the plan within that period, and the economic,
social and environmental effect of carrying out the plan within that
period;
(f) A process to:
(1) Identify, if appropriate, agriculturally and
silviculturally related nonpoint sources of pollution, including runoff
from areas used for the disposal of manure and from land used for the
production of livestock and crops; and
(2) Set forth procedures and methods, including requirements
for land use, to control to the extent feasible those sources;
(g) A process to:
(1) Identify, if appropriate, mine-related sources of
pollution including new, current and abandoned surface and underground
mine runoff; and
(2) Set forth procedures and methods, including requirements
for land use, to control to the extent feasible those sources;
(h) A process to:
(1) Identify sources of pollution related to construction;
and
(2) Set forth procedures and methods, including requirements
for land use, to control to the extent feasible those sources;
(i) A process to:
(1) Identify, if appropriate, salt water intrusion into
rivers, lakes and estuaries resulting from reduction of fresh water flow
from any cause, including irrigation, obstruction, groundwater extraction
and diversion; and
(2) Set forth procedures and methods to control such an
intrusion to the extent feasible where the procedures and methods are
otherwise a part of the waste treatment management plan;
(j) A process to control the disposition of all residual waste
generated in the area which could affect water quality; and
(k) A process to control the disposal of pollutants on land or in
subsurface excavations within the area to protect the quality of ground
and surface water.
2. In developing the elements of the areawide waste management
plan, the county shall provide the most efficient areawide management
system for the area.
(Added to NRS by 1975, 1334; A 1987, 373)
1. The county shall adopt all necessary ordinances, regulations
and policies to effectuate the adopted areawide waste management plan
described in subsection 1 of NRS 244A.571 .
2. All ordinances, regulations and policies adopted by the county
shall be enforced by all local political subdivisions in the area covered
by the plan.
3. The county shall police the area to insure compliance with the
areawide waste management plan and adopted ordinances, regulations and
policies. If it is found that the areawide waste management plan or the
adopted ordinances, regulations and policies are not being enforced by
all local political subdivisions, the county may bring action in a court
of competent jurisdiction to insure compliance.
(Added to NRS by 1975, 1335)—(Substituted in revision for NRS
244.9263)
COUNTY FAIR AND RECREATION BOARDS
General Provisions
1. In addition to powers elsewhere conferred upon counties, any
county is authorized and empowered:
(a) To establish, construct, purchase, otherwise acquire,
reconstruct, improve, extend and better fairgrounds, exposition
buildings, convention halls, auditoriums, fieldhouses, amusement halls,
public parks, playgrounds, swimming pools, golf courses, recreation
centers, museums, zoos, historical sites, other recreational facilities
and buildings therefor, and improvements incidental thereto;
(b) To equip and furnish the same;
(c) To acquire a suitable site or grounds for any recreational
facilities;
(d) To issue bonds therefor (or any combination thereof), at one
time, or from time to time; and
(e) To advertise, publicize and promote the recreational facilities
located in the county which are owned by the county, the State or an
incorporated city in the county.
2. Recreational facilities shall be deemed to include, without
limiting the generality of the provisions of subsection 1, such
buildings, incidental improvements, equipment, furnishings, sites and
grounds as are used for recreational purposes.
[1:383:1955]—(NRS A 1961, 300, 453; 1963, 99; 1965, 10; 1969, 1576;
1973, 1509)—(Substituted in revision for NRS 244.640)
1. Whenever the board of county commissioners of any county or the
Board of Supervisors of Carson City desires the powers granted in NRS
244A.597 to 244A.655 , inclusive, to be exercised, it shall, by
resolution, determine that the interest of the county and the public
interest, necessity or desirability require the exercise of those powers
and the creation of a county fair and recreation board therefor, pursuant
to the provisions of NRS 244A.597 to
244A.655 , inclusive. After approval
of the resolution, the county or city clerk shall:
(a) Cause a copy of the resolution to be published promptly once in
a newspaper published in and of general circulation in the county or
city; and
(b) In the case of a county, cause a certified copy of the
resolution to be mailed by registered or certified mail to the mayor or
other chief executive officer of each incorporated city within the county.
2. In counties whose population is 100,000 or more, the county
fair and recreation board must be selected as provided in NRS 244A.601
or 244A.603 .
3. In counties whose population is less than 100,000, and in which
there are more than two incorporated cities, each incorporated city,
except an incorporated city which is the county seat, must be represented
by one member and any incorporated city which is the county seat must be
represented by four members. Within 30 days after the day of publication
of the resolution or the day on which the last of the copies of the
resolution was mailed, whichever day is later, the mayor or other chief
executive officer shall, with the approval of the legislative body of the
city, appoint a member or members of the city council or board of
trustees to serve on the board for the remainder of his or their terms of
office. The clerk or secretary of the city shall promptly certify the
appointment by registered or certified mail to the county clerk.
4. In counties whose population is less than 100,000, and in which
there are only two incorporated cities, each incorporated city must be
represented by one member who must be appointed and certified as provided
in subsection 3, and the board of county commissioners shall appoint four
representatives as follows:
(a) Two members to represent the hotel or motel operators in the
county.
(b) One member to represent the other commercial interests in the
county.
(c) One member to represent the county at large.
5. In counties whose population is less than 100,000, and in which
there are fewer than two incorporated cities, any incorporated city which
is the county seat must be represented by one member, who must be
appointed and certified as provided in subsection 3, and the board of
county commissioners shall appoint three representatives as follows:
(a) One member to represent the motel operators in the county.
(b) One member to represent the hotel operators in the county.
(c) One member to represent the other commercial interests in the
county.
6. In all counties whose population is less than 100,000, one
member of the board of county commissioners must be appointed by the
county commissioners to serve on the board for the remainder of his term
of office.
7. In all counties whose population is less than 100,000, and in
which there is no incorporated city, the board of county commissioners
shall appoint one member to represent the county at large.
8. In Carson City the Board of Supervisors shall appoint five
representatives to the fair and recreation board established as provided
in subsection 1 as follows:
(a) Two members to represent the hotel and motel operators in the
city.
(b) One member to represent the other commercial interests in the
city.
(c) One member who is a member of the Board of Supervisors.
(d) One member to represent the city at large.
9. Members who are not elected officials shall serve for 2-year
terms.
10. The terms of all elected officials are coterminous with their
terms of office. Any such member may succeed himself.
[2:383:1955]—(NRS A 1961, 300, 453; 1963, 100, 791; 1965, 10; 1967,
1377; 1969, 95, 322, 1535; 1971, 337; 1977, 819; 1979, 515; 1991, 60;
2001, 484 ; 2003, 2263 )
1. In any county whose population is 100,000 or more, and less
than 400,000, the county fair and recreation board consists of 13 members
who are appointed as follows:
(a) Two members by the board of county commissioners.
(b) Two members by the governing body of the largest incorporated
city in the county.
(c) One member by the governing body of the next largest
incorporated city in the county.
(d) Except as otherwise provided in subsection 2, eight members by
the members appointed pursuant to paragraphs (a), (b) and (c). The
members entitled to vote shall select:
(1) One member who is a representative of air service
interests from a list of nominees submitted by the airport authority of
the county. The nominees must not be elected officers.
(2) One member who is a representative of motel operators
from a list of nominees submitted by one or more associations that
represent the motel industry.
(3) One member who is a representative of banking or other
financial interests from a list of nominees submitted by the chamber of
commerce of the largest incorporated city in the county.
(4) One member who is a representative of other business or
commercial interests from a list of nominees submitted by the chamber of
commerce of the largest incorporated city in the county.
(5) One member who is a representative of other business or
commercial interests, including gaming establishments, from a list of
nominees submitted by a visitor’s bureau, other than a county fair and
recreation board or a bureau created by such a board, that is authorized
by law to receive a portion of the tax on transient lodging, if any. If
no such bureau exists in the county, the nominations must be made by the
chamber of commerce of the third largest township in the county.
(6) Three members who are representatives of the association
of gaming establishments whose membership collectively paid the most
gross revenue fees to the State pursuant to NRS 463.370 in the county in the preceding year, from a list of nominees
submitted by the association. If there is no such association, the three
appointed members must be representative of gaming.
Ê If the members entitled to vote find the nominees on a list of nominees
submitted pursuant to this paragraph unacceptable, they shall request a
new list of nominees.
2. The terms of members appointed pursuant to paragraphs (a), (b)
and (c) of subsection 1 are coterminous with their terms of office. The
members appointed pursuant to paragraph (d) of subsection 1 must be
appointed for 2-year terms. Any vacancy occurring on the board must be
filled by the authority entitled to appoint the member whose position is
vacant. Each member appointed pursuant to paragraph (d) of subsection 1
may succeed himself only once.
3. If a member ceases to be engaged in the business or occupation
which he was appointed to represent, he ceases to be a member, and
another person engaged in that business or occupation must be appointed
for the unexpired term.
4. Any member appointed by the board of county commissioners or a
governing body of a city must be a member of the appointing board or body.
(Added to NRS by 1977, 817; A 1979, 516; 1983, 1663; 1989, 1903;
1991, 819, 1977; 1995, 2804; 1999, 2016 ; 2001, 561 )
1. In any county whose population is 400,000 or more, the county
fair and recreation board consists of 14 members selected as follows:
(a) Two members by the board of county commissioners from their own
number.
(b) Two members by the governing body of the incorporated city with
the largest population in the county from their own number.
(c) One member by the governing body of the incorporated city with
the second largest population in the county from their own number.
(d) One member by the governing body of the incorporated city with
the third largest population in the county from their own number.
(e) One member by the governing body of the incorporated city with
the smallest population in the county from their own number.
(f) One member by the governing body of one of the other
incorporated cities in the county from their own number.
(g) Six members to be appointed by the members selected pursuant to
paragraphs (a) to (f), inclusive, of which:
(1) Three members must be selected from a list of nominees
submitted by the chamber of commerce of the incorporated city with the
largest population in the county. If the nominees so listed are
unsatisfactory to the members making the selection, they may, until
satisfied, request additional lists of nominees. The members appointed
pursuant to this subparagraph must be selected as follows:
(I) Two members who are representatives of tourism, at
least one of whom must be a representative of the resort hotel business;
and
(II) One member who is a representative of other
commercial interests or interests related to tourism.
(2) Three members must be selected from a list of nominees
submitted by the association of gaming establishments whose membership in
the county collectively paid the most gross revenue fees to the State
pursuant to NRS 463.370 in the preceding year. If the nominees so listed are
unsatisfactory to the members making the selection, they may, until
satisfied, request additional lists of nominees. The members selected
pursuant to this subparagraph must be representatives of the resort hotel
business, at least one of whom is engaged in that business in the central
business district of the incorporated city with the largest population in
the county.
2. If there is more than one incorporated city in the county that
is eligible to appoint the member provided in paragraph (f) of subsection
1, the board of county commissioners shall facilitate a biennial rotation
of the authority to appoint that member among those cities.
3. Any vacancy occurring on a county fair and recreation board
must be filled by the authority entitled to appoint the member whose
position is vacant.
4. After the initial appointments of members appointed pursuant to
paragraph (g) of subsection 1, all members must be appointed for 2-year
terms. If any such member ceases to be engaged in the business sector
which he was appointed to represent, he ceases to be a member, and
another person engaged in that business must be appointed to fill the
unexpired term. Any such member may succeed himself.
5. The term of the member appointed pursuant to paragraph (f) of
subsection 1 is 2 years, commencing on July 1 of each odd-numbered year.
6. The terms of members appointed pursuant to paragraphs (a) to
(e), inclusive, of subsection 1 are coterminous with their terms of
office. Any such member may succeed himself.
(Added to NRS by 1967, 1378; A 1969, 658; 1971, 339; 1973, 500,
1512; 1975, 1104, 1490; 1977, 468; 1979, 517; 1989, 174, 1903; 1993, 904;
1999, 1416 ; 2005, 2689 )
1. Whenever a vacancy occurs among the members of any county fair
and recreation board by reason of resignation, death, expiration of a
member’s elected term of office, an increase in population, or otherwise,
the vacancy must be filled by the board of county commissioners, in case
of county members, and by the chief executive with the approval of the
legislative body of the city, in case of city members.
2. Except as otherwise provided in subsection 3, during January of
each odd-numbered year, each county fair and recreation board in this
State shall reorganize by electing the officers designated in subsection
1 of NRS 244A.611 .
3. During July of each even-numbered year, each county fair and
recreation board in any county whose population is 100,000 or more, but
less than 400,000, shall reorganize by electing the officers designated
in subsection 1 of NRS 244A.611 .
4. The officers elected pursuant to subsections 2 and 3 hold
office for the ensuing biennium, or until their successors are elected
and qualified. Any vacancy among such officers occurring between biennial
elections must be filled by the county fair and recreation board to serve
out the unexpired term of his predecessor.
[3:383:1955]—(NRS A 1957, 365; 1987, 943; 1989, 1904)
Each county fair
and recreation board may, by resolution, designate the name by which the
fair and recreation board of that county shall be known, and the name
designated may contain the name of the largest incorporated city within
the county. It shall be lawful for the fair and recreation board of such
county to use such designated name for all purposes, including the right
to contract, to sue and be sued, and to perform all of its functions and
exercise all of its powers.
(Added to NRS by 1967, 1379; A 1969, 1537; 1973, 501)—(Substituted
in revision for NRS 244.654)
1. Whenever any county fair and recreation board has been
organized or reorganized, each member thereof shall file with the county
clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at county expense, in an
amount not to exceed $1,000, and conditioned for the faithful performance
of his duties as a member of the board.
2. Except as otherwise provided in subsection 3, no member may
receive any compensation as an employee of the board or otherwise, and no
member of the board may be interested in any contract or transaction with
the board or the county except in his official representative capacity.
3. Each member of a board created and existing in a county whose
population is 100,000 or more is entitled to receive $480 per month or
$80 for each meeting of the board or a committee of the board attended,
whichever amount is less.
[Part 5:383:1955]—(NRS A 1957, 365; 1961, 374; 1967, 1378; 1969,
1536; 1971, 266; 1979, 518; 1981, 1227; 1991, 820, 1978)
1. The board shall choose one of its members as chairman and one
of its members as vice chairman, and shall elect a secretary and a
treasurer, who may be members of the board. The secretary and the
treasurer may be one person.
2. The secretary shall keep audio recordings or transcripts of all
meetings and, in a well-bound book, a record of all of the proceedings of
the board, minutes of all meetings, certificates, contracts, bonds given
by employees, and all other acts of the board. Except as otherwise
provided in NRS 241.035 , the minute
book, audio recordings, transcripts and records must be open to the
inspection of all owners of real property in the county as well as to all
other interested persons, at all reasonable times and places.
3. The treasurer shall keep, in permanent records, strict and
accurate accounts of all money received by and disbursed for and on
behalf of the board and the county. He shall file with the county clerk,
at county expense, a corporate fidelity bond in an amount not less than
$5,000, conditioned for the faithful performance of his duties.
[Part 5:383:1955]—(NRS A 1973, 1509; 2005, 1408 )
1. The board shall meet regularly at a time and in a place to be
designated by the board. Special meetings may be held as often as the
needs of the board require, on notice to each board member.
2. A majority of the members shall constitute a quorum at any
meeting. Every motion and resolution of the board shall be adopted by at
least a majority of the members present and constituting the quorum at
such meeting.
3. The board shall adopt a seal.
[Part 5:383:1955] + [6:383:1955]—(Substituted in revision for NRS
244.670)
As provided by law, the county fair and recreation board shall
comply with the provisions of the Local Government Budget and Finance Act.
(Added to NRS by 1967, 1379; A 2001, 1821 )
The board of county commissioners of any county proceeding
under the provisions of NRS 244A.597
to 244A.655 , inclusive, is authorized
to advance such money to the board as may be necessary to pay the
preliminary organization, administration and engineering costs thereof,
including bond elections as provided in NRS 244A.597 to 244A.655 , inclusive, on such terms of repayment as
may be agreed upon, and the county is authorized to secure the necessary
money in the manner provided by law authorizing medium-term obligations.
[7:383:1955]—(NRS A 1975, 15; 1995, 1815)
In addition to powers
elsewhere conferred, the county fair and recreation board of any county,
upon behalf of the county and in connection with the recreational
facilities herein authorized, is authorized and empowered:
1. To establish, construct, purchase, lease, enter into a lease
purchase agreement respecting, rent, acquire by gift, grant, bequest,
devise, or otherwise acquire, reconstruct, improve, extend, better,
alter, repair, equip, furnish, regulate, maintain, operate and manage
recreational facilities, including personal property, real property,
lands, improvements and fixtures thereon, property of any nature
appurtenant thereto or used in connection therewith, and every estate,
interest and right, legal or equitable, therein, including terms for
years.
2. To insure or provide for the insurance of any recreational
facility against such risks and hazards as the board may deem advisable.
3. To arrange or contract for the furnishing by any person,
agency, association or corporation, public or private, of services,
privileges, works or facilities for, or in connection with, a
recreational facility; and to hire and retain officers, agents and
employees, including a fiscal adviser, engineers, attorneys, or other
professional or specialized personnel.
4. To direct the board of county commissioners, with the
concurrence of the board, to acquire by the exercise of the power of
eminent domain any real property which the county fair and recreation
board may deem necessary for its purposes under NRS 244A.597 to 244A.655 , inclusive, after the adoption by the board
of a resolution declaring that its acquisition is necessary for such
purposes. This power shall be exercised in the manner provided by any
applicable statutory provisions and laws of the State of Nevada. Title to
property so acquired shall be taken in the name of the county.
5. To sell, lease, exchange, transfer, assign or otherwise dispose
of any real or personal property, or any interest therein acquired for
the purpose of NRS 244A.597 to
244A.655 , inclusive, including the
lease of any recreational facility acquired by the county under the
provisions of NRS 244A.597 to
244A.655 , inclusive, which is to be
operated and maintained as a public project and recreational facility.
6. To fix, and from time to time increase or decrease, rates,
tolls or charges for services or facilities furnished in connection with
any recreational facility, and to take such action as necessary or
desirable to effect their collection, and, with the consent of the board
of county commissioners, to provide for the levy by the board of county
commissioners of ad valorem taxes, the proceeds thereof to be used in
connection with the recreational facilities.
7. To receive, control, invest and order the expenditure of any
and all moneys and funds pertaining to any recreational facility or
related properties, including but not limited to annual grants to the
State, the county and incorporated cities in the county for capital
improvements for recreational facilities.
8. To enter into contracts, leases or other arrangements for
commercial advertising purposes with any person, partnership or
corporation.
9. To exercise all or any part or combination of the powers herein
granted to such county, except as herein otherwise provided.
10. To sue and be sued.
11. To do and perform any and all other acts and things necessary,
convenient, desirable or appropriate to carry out the provisions of NRS
244A.597 to 244A.655 , inclusive.
[8:383:1955]—(NRS A 1963, 793; 1973, 1509)—(Substituted in revision
for NRS 244.685)
The county fair and
recreation board, in addition to the other powers conferred upon a county
fair and recreation board by NRS 244A.597 to 244A.655 , inclusive, may:
1. Set aside a fund in an amount that it considers necessary and
which may be expended in the discretion of the board to promote or
attract conventions, meetings and like gatherings that will utilize the
recreational facilities authorized by NRS 244A.597 . The expenditure is hereby declared to be an
expenditure made for a public purpose.
2. Solicit and promote tourism and gaming generally, both
individually and through annual grants in cash or in kind including lease
of its facilities to the chambers of commerce of the incorporated cities
within the county which respectively represent all of the residents of
those cities, or other nonprofit groups or associations, and further
promote generally the use of its facilities, pursuant to lease
agreements, by organized groups or by the general public for the holding
of conventions, expositions, trade shows, entertainment, sporting events,
cultural activities or similar uses reasonably calculated to produce
revenue for the board and to enhance the general economy. The promotion
of tourism, gaming or the use of facilities may include advertising the
facilities under control of the board and the resources of the community
or area, including tourist accommodations, transportation, entertainment,
gaming and climate. The advertising may be done jointly with a private
enterprise.
3. Enter into contracts for advertising pursuant to this section
and pay the cost of the advertising, including a reasonable commission.
(Added to NRS by 1967, 1379; A 1973, 1513; 1983, 1170; 1989, 1018,
1192)
1. Except as otherwise provided in subsections 2 and 3, in a
county whose population is 400,000 or more, the county fair and
recreation board, in addition to any other powers, may also use any money
that it receives to pay the cost of projects for improving, operating or
maintaining an airport, or any combination thereof, including, without
limitation, projects designed to encourage tourism or to improve access
to airports by tourists.
2. Money may only be used pursuant to this section with respect to
an airport that is not less than 90 miles by road from any airport owned
by the county with 100 or more scheduled flights per day.
3. No money may be expended pursuant to this section with respect
to a particular airport in excess of $500,000 during any fiscal year.
(Added to NRS by 1993, 2331; A 1995, 108)
Members of a county fair and recreation board may enter into contracts,
leases, franchises and other transactions extending beyond their terms of
office as members of the county fair and recreation board.
(Added to NRS by 1977, 818)—(Substituted in revision for NRS
244.6855)
In any county whose
population is 100,000 or more and less than 400,000, the county fair and
recreation board may at any time appropriate and authorize the
expenditure of money derived from any source and under the jurisdiction
of the board for recreational facilities as described in NRS 244A.597
, regardless of any limitations in any
transfer to the board of the proceeds of any license taxes or other money
initially caused to be collected by any political subdivision, but
subject to any contractual limitations pertaining to money so
appropriated and subject to any existing appropriations and any other
encumbrances on that money to meet obligations existing when the
appropriation is made, accrued or not accrued and determinable or
contingent.
(Added to NRS by 1971, 266; A 1979, 518; 1989, 1905)
Notwithstanding any
other provision of law, no county fair and recreation board in a county
whose population is 100,000 or more and less than 400,000 may acquire,
purchase, lease, sell, or dispose of any real property or engage in any
other transaction relating to real property without prior approval of the
board of county commissioners.
(Added to NRS by 1963, 792; A 1969, 1536; 1979, 519; 1989, 1905)
1. In addition to the powers conferred upon a county fair and
recreation board by other provisions of NRS 244A.597 to 244A.655 , inclusive, a board, for the county, is
empowered to borrow money or accept contributions, grants or other
financial assistance from the Federal Government or any agency or
instrumentality thereof, corporate or otherwise, for or in aid of any
recreational facility within its area of operation, and to comply with
such conditions, trust indentures, leases or agreements as may be
necessary, convenient or desirable.
2. The purpose and intent of NRS 244A.597 to 244A.655 , inclusive, is to authorize every county to
do any and all things necessary, convenient or desirable to secure the
financial aid or cooperation of the Federal Government in the
undertaking, acquisition, construction, maintenance or operation of any
recreational facility of the county.
[9:383:1955]—(NRS A 2003, 2264 )
All recreational facilities of the county shall be
subject to planning, zoning, sanitary and building laws, ordinances and
regulations applicable to the locality in which the recreational facility
is situated.
[10:383:1955]—(Substituted in revision for NRS 244.695)
The county fair
and recreation board shall not, as a condition precedent to the use of
any recreational facility by any person, firm or corporation, demand or
receive any free tickets, passes or other items authorizing admission
without payment to any event, display, gathering, sporting event,
convention or the like held or conducted in the recreational facility
under the control of the board.
(Added to NRS by 1967, 1379)—(Substituted in revision for NRS
244.696)
Bonds for Recreational Facilities
1. For the acquisition of any recreational facilities authorized
in NRS 244A.597 to 244A.655 , inclusive, the county fair and recreation
board, at any time or from time to time may:
(a) In the name of and on behalf of the county, issue:
(1) General obligation bonds, payable from taxes; and
(2) General obligation bonds, payable from taxes, which
payment is additionally secured by a pledge of gross or net revenues
derived from the operation of such recreational facilities, and, if so
determined by the board, further secured by a pledge of such other gross
or net revenues as may be derived from any other income-producing project
of the county or from any license or other excise taxes levied for
revenue by the county, or otherwise, as may be legally made available for
their payment;
(b) In the name of and on behalf of the county fair and recreation
board, issue revenue bonds:
(1) Payable from the net revenues to be derived from the
operation of such recreational facilities;
(2) Secured by a pledge of revenues from any tax on the
rental of transient lodging levied for revenue by the county or a city;
(3) Secured by any other revenue that may be legally made
available for their payment; or
(4) Payable or secured by any combination of subparagraph
(1), (2) or (3); and
(c) Make a contract with the United States of America, or any
agency or instrumentality thereof, or any other person or agency, public
or private, creating an indebtedness if a question authorizing such
contract is submitted to and approved by a majority of the qualified
electors of the county in the manner provided in NRS 350.020 to 350.070 , inclusive. This paragraph does not apply to contracts for the
prepayment of rent or other similar obligations.
2. Revenue bonds issued pursuant to this section must be
authorized by resolution of the county fair and recreation board, and no
further approval by any person, board or commission is required.
[12:383:1955]—(NRS A 1969, 1577; 1981, 952; 1999, 987 )
The bonds and any
coupons must be executed in the manner provided in the Local Government
Securities Law; but the bonds must also bear the manual or facsimile
signature of the chairman of the county fair and recreation board.
[15:383:1955]—(NRS A 1957, 366; 1959, 413; 1967, 222; 1969, 1285,
1578; 1985, 258)
The
board is authorized to sell such bonds from time to time in the manner
prescribed in NRS 350.115 to 350.195 , inclusive, and may employ legal, fiscal, engineering or other
expert services in connection with the acquisition, improvement,
extension or betterment of the improvements or facilities and with the
authorization, issuance and sale of the bonds.
[16:383:1955]—(NRS A 1967, 222; 1995, 1022)
In connection with any
license taxes assigned or appropriated by any city, town or county, or
any combination thereof, for use in connection with NRS 244A.597 to 244A.655 , inclusive, the county fair and recreation
board of any county, upon behalf of the county, in addition to powers
elsewhere conferred, may:
1. Collect the proceeds of such taxes from time to time, receive,
control, invest and order the expenditure of all money pertaining
thereto, prescribe a procedure therefor, including, but not limited to:
(a) Enforcing the collection of any delinquent taxes and providing
penalties in connection therewith, including, without limitation, the
suspension of the business license issued by a county, city or town to a
transient lodging facility and the closure of a transient lodging
facility for failure to pay the tax on transient lodging; and
(b) Creating an office and hiring personnel therefor.
2. Defray the reasonable costs of collecting and otherwise
administering such taxes from not exceeding 10 percent of the gross
revenues so collected, excluding from this limitation and from those
gross revenues any costs of collecting any delinquent taxes borne by any
delinquent taxpayer. The incorporated cities collectively and any county
may enter into an agreement with the board for the payment of collection
fees which may be more or less than 10 percent of the gross revenues
collected by a particular city or the county, except that the total
payment of collection fees to all the cities and the county must not
exceed 10 percent of the combined gross revenues so collected.
3. Defray further with the proceeds of any such tax the costs of
the county fair and recreation board and of officers, agents and
employees hired thereby, and of incidentals incurred thereby, of
operating and maintaining recreational facilities under the jurisdiction
of the board, including, without limiting the generality of the
foregoing, the payment of reasonable promotional expenses pertaining
thereto, payment of reasonable expenses pertaining to the promotion of
tourism and gaming generally, both individually and through grants to the
chambers of commerce of the incorporated cities of the county or other
nonprofit groups or associations, and of improving, extending and
bettering any recreational facilities authorized by NRS 244A.597 to 244A.655 , inclusive, including, but not limited to,
making annual grants to the State, the county and incorporated cities in
the county for capital improvements for recreational facilities, and of
constructing, purchasing or otherwise acquiring any such recreational
facilities.
4. Redeem any general obligation bonds or revenue bonds of the
county issued pursuant to NRS 244A.597 to 244A.655 , inclusive, principal, interest and any
prior redemption premium, regardless of whether such taxes are pledged as
additional security for their payment.
5. Make contracts from time to time concerning any such license
taxes, notwithstanding any such contract may limit the exercise of powers
pertaining thereto, including the right of any city, town or the county
from time to time to increase, decrease or otherwise modify the tax, but
no such change may be made which prejudicially affects any pledge of tax
proceeds as additional security for the payment of bonds issued pursuant
to NRS 244A.597 to 244A.655 , inclusive, and each other political
subdivision assigning or appropriating such taxes pertaining thereto must
consent to any such modification.
6. Make rules and regulations concerning such license taxes, and
provide penalties for the failure to comply therewith.
(Added to NRS by 1960, 180; A 1973, 1511; 1975, 551; 1989, 1019;
1993, 2652; 1999, 988 )
All taxes,
levied by a city, town or county for use in connection with NRS 244A.597
to 244A.655 , inclusive, and collected by any motel,
hotel or gaming establishment are public moneys from the moment of their
collection and shall be held in trust by the establishment collecting
such taxes for the use and benefit of the city, town or county levying
such taxes or for the use of the county fair and recreation board where
such revenues have been assigned or appropriated to the county fair and
recreation board.
(Added to NRS by 1969, 874)—(Substituted in revision for NRS
244.744)
1. If the county fair and recreation board determines that any
license tax assigned to it, or penalty or interest thereon, has been paid
more than once or has been erroneously or illegally collected or
computed, the board shall, subject to the conditions specified in this
section, refund to the person or corporation or its successors,
administrators, executors or assigns the excess amount collected or paid.
In lieu of a refund, the board may grant a credit to the licensee against
future license tax payments.
2. A refund or credit shall not be allowed unless a claim therefor
is filed with the board within 2 years from the last date that the
overpayment was made. Every claim shall be in writing and shall state the
specific grounds upon which the claim is founded.
3. Failure to file a claim within the time prescribed constitutes
a waiver of any demand against the city or county imposing the license
tax and against the board.
4. Within 30 days after disallowing any claim, in whole or in
part, the board shall serve notice of its action on the claimant.
(Added to NRS by 1973, 315)—(Substituted in revision for NRS
244.746)
In order to insure the payment of the revenue bonds of
the county or of the general obligation bonds of the county, the payment
of which is secured or is additionally secured, as the case may be, by a
pledge of the revenues of the recreational facilities, of any such other
income-producing project and of any such excise taxes, as provided in NRS
244A.637 , or other such special
obligation securities so secured or other such additionally secured
general obligation securities of the county, the board may establish and
maintain, and from time to time revise, a schedule or schedules of fees,
rates and charges for services, facilities and commodities rendered by or
through the recreational facilities, and any such other income-producing
project and a schedule or schedules of any such excise taxes, as the case
may be, in an amount sufficient for that purpose and also sufficient to
discharge any covenant in the proceedings of the county fair and
recreation board or board of county commissioners authorizing the
issuances of any of the bonds or other securities, including any covenant
for the establishment of reasonable reserve funds.
[21:383:1955]—(NRS A 1969,1579)—(Substituted in revision for NRS
244.750)
A county whose population is 400,000 or more shall not become
indebted for those county recreational purposes under the provisions of
NRS 244A.597 to 244A.655 , inclusive, by the issuance of general
obligation bonds and other general obligation securities, other than any
notes or warrants maturing within 1 year from the respective dates of
their issuance, but excluding any outstanding revenue bonds, special
assessment bonds or other special obligation securities, and excluding
any outstanding general obligation notes and warrants, exceeding 5
percent of the total last assessed valuation of the taxable property in
the county.
[26:383:1955]—(NRS A 1969, 1545, 1579; 1979, 519; 1989, 1905; 1999,
837 )
A county whose population is less than 400,000 shall not become
indebted for those county recreational purposes under the provisions of
NRS 244A.597 to 244A.655 , inclusive, by the issuance of general
obligation bonds and other general obligation securities, other than any
notes or warrants maturing within 1 year from the respective dates of
their issuance, but excluding any outstanding revenue bonds, special
assessment bonds or other special obligation securities, and excluding
any outstanding general obligation notes and warrants, exceeding 3
percent of the total last assessed valuation of the taxable property in
the county.
[27:383:1955]—(NRS A 1969, 1545, 1579; 1979, 519; 1989, 1905; 1999,
837 )
COUNTY ECONOMIC DEVELOPMENT REVENUE BOND LAW
NRS 244A.669 to 244A.763 , inclusive, may be cited as the County
Economic Development Revenue Bond Law.
(Added to NRS by 1967, 1744; A 1975, 426; 1979, 684)—(Substituted
in revision for NRS 244.9191)
As used in NRS 244A.669 to 244A.763 , inclusive, unless a different meaning
clearly appears from the context, the words and terms defined in NRS
244A.672 to 244A.693 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1967, 1744; A 1973, 966; 1975, 426, 1384; 1985,
2179; 1987, 537; 1993, 1473)
“Affordable housing”
means multifamily housing for families of low or moderate income that is
eligible for tax-exempt financing under section 142 of the Internal
Revenue Code of 1986, in effect on July 1, 1993, future amendments to
that section and the corresponding provisions of future internal revenue
laws.
(Added to NRS by 1993, 1472)
“Board” means the board of county
commissioners.
(Added to NRS by 1967, 1745)—(Substituted in revision for NRS
244.9193)
“Bonds” or
“revenue bonds” means bonds, notes or other securities evidencing an
obligation and issued under NRS 244A.669 to 244A.763 , inclusive.
(Added to NRS by 1967, 1745)—(Substituted in revision for NRS
244.9194)
“Capacity,” as used of a project
for the generation and transmission of electricity, means the capability
of the project to generate electricity, and is measured in units of
electrical power.
(Added to NRS by 1979, 677)
“Corporation for public benefit” means a corporation that is recognized
as exempt under section 501(c)(3) of the Internal Revenue Code of 1986 in
effect on July 1, 1993, future amendments to that section and the
corresponding provisions of future internal revenue laws.
(Added to NRS by 1993, 1472)
“Finance” or
“financing” includes the issue of bonds by a county for the purpose of
using substantially all of the proceeds to pay (or to reimburse the
obligor or its designee) for the costs of acquiring, improving and
equipping a project, whether these costs are incurred by the county, the
obligor or a designee of the obligor. Title to or in such project may at
all times remain in the obligor or the obligor’s designee or assignee
and, in such case, the bonds of the county shall be secured by a pledge
of one or more notes, debentures, bonds or other secured or unsecured
debt obligations of the obligor.
(Added to NRS by 1975, 425)—(Substituted in revision for NRS
244.91947)
“Financing agreement”
means:
1. An agreement by which the county agrees to issue bonds pursuant
to NRS 244A.669 to 244A.763 , inclusive, to finance one or more projects
and the obligor agrees to:
(a) Make payments (directly or through notes, debentures, bonds or
other secured or unsecured debt obligations of the obligor executed and
delivered by the obligor to the county or the county’s designee or
assignee, including a trustee, pursuant to such financing agreement)
sufficient to pay the principal of, premium, if any, and interest on the
bonds;
(b) Pay other amounts required by NRS 244A.669 to 244A.763 , inclusive; and
(c) Comply with all other applicable provisions of NRS 244A.669
to 244A.763 , inclusive; or
2. An agreement by which the county agrees to issue bonds to
finance solely the costs of studies, surveys and options and the obligor
or obligors undertake one or more of the obligations described in NRS
244A.701 .
(Added to NRS by 1975, 425; A 1979, 684)—(Substituted in revision
for NRS 244.91948)
“Health and care
facility” means a hospital, facility for intermediate care, facility for
skilled nursing or facility for the care of adults during the day, as
those terms are defined in chapter 449 of NRS.
(Added to NRS by 1981, 386; A 1983, 1656; 1985, 1758)
“Historic structure”
means a building, facility or other structure which is eligible for
listing in the State Register of Historic Places under NRS 383.085 .
(Added to NRS by 1985, 2179)
“Mortgage” includes a deed of
trust and any other security device for both real and personal property.
(Added to NRS by 1967, 1745)—(Substituted in revision for NRS
244.9195)
“Obligor” means the individual,
partnership, firm, company, corporation (including a public utility),
association, trust, estate, political subdivision, state agency or any
other legal entity, or its legal representative, agent or assigns, who
agrees to make the payments required by the financing agreement.
(Added to NRS by 1975, 426)—(Substituted in revision for NRS
244.91955)
“Pollution” means any form of
environmental pollution including but not limited to water pollution, air
pollution, pollution caused by solid waste disposal, thermal pollution,
radiation contamination or noise pollution as determined by the various
standards prescribed by this state or the Federal Government.
(Added to NRS by 1973, 973)—(Substituted in revision for NRS
244.91957)
“Project” means:
1. Any land, building or other improvement and all real and
personal properties necessary in connection therewith, whether or not in
existence, suitable for:
(a) A manufacturing, industrial or warehousing enterprise;
(b) An organization for research and development;
(c) A health and care facility;
(d) A supplemental facility for a health and care facility;
(e) The purposes of a corporation for public benefit; or
(f) Affordable housing.
2. The refinancing of any land, building or other improvement and
any real and personal property necessary for:
(a) A health and care facility;
(b) A supplemental facility for a health and care facility;
(c) The purposes of a corporation for public benefit; or
(d) Affordable housing.
3. Any land, building, structure, facility, system, fixture,
improvement, appurtenance, machinery, equipment, or any combination
thereof or any interest therein, used by any natural person, partnership,
firm, company, corporation, including a public utility, association,
trust, estate, political subdivision, state agency or any other legal
entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for
the removal or treatment of any substance in a processed material which
otherwise would cause pollution when such material is used.
(b) In connection with the furnishing of water if available on
reasonable demand to members of the general public.
(c) In connection with the furnishing of energy or gas.
4. Any real or personal property appropriate for addition to a
hotel, motel, apartment building, casino or office building to protect it
or its occupants from fire.
5. Any undertaking by a public utility, in addition to that
allowed by subsections 2 and 3, which is solely for the purpose of making
capital improvements to property, whether or not in existence, of a
public utility.
6. In addition to the kinds of property described in subsections 2
and 3, if the project is for the generation and transmission of
electricity, any other property necessary or useful for that purpose,
including, without limitation, any leases and any rights to take water or
fuel.
7. The preservation of any historic structure or its restoration
for its original or another use, if the plan has been approved by the
Office of Historic Preservation of the Department of Cultural Affairs.
(Added to NRS by 1967, 1745; A 1973, 966; 1975, 426, 612, 1384;
1977, 586; 1979, 684; 1981, 386, 1621; 1985, 2179; 1993, 1473, 1545;
1995, 579; 2001, 936 )
“Revenues” of a project, or
derived from a project, include payments under a lease, agreement of sale
or financing agreement, or under notes, debentures, bonds and other
secured or unsecured debt obligations of an obligor executed and
delivered by the obligor to the county or the county’s designee or
assignee (including a trustee) pursuant to such lease, agreement of sale
or financing agreement.
(Added to NRS by 1975, 426)—(Substituted in revision for NRS
244.91965)
“Supplemental facility for a health and care
facility” includes a clinic, facility for outpatients, and any other
structure or facility directly related to the operation of a health and
care facility.
(Added to NRS by 1981, 386)
“Warehousing” means the
consignment of personal property from outside this state to a private
warehouse within this state for temporary storage during the transit of
the property to a final destination outside the State.
(Added to NRS by 1975, 1383)—(Substituted in revision for NRS
244.91968)
It is the intent of the
Legislature to authorize counties to finance, acquire, own, lease,
improve and dispose of properties to:
1. Promote industry and employment and develop trade by inducing
manufacturing, industrial and warehousing enterprises and organizations
for research and development to locate in, remain or expand in this state
to further prosperity throughout the State and to further the use of the
agricultural products and the natural resources of this state.
2. Enhance public safety by protecting hotels, motels, apartment
buildings, casinos, office buildings and their occupants from fire.
3. Protect the health, safety and welfare of the public and
promote private industry, commerce and employment in this state by:
(a) Reducing, abating or preventing pollution or removing or
treating any substance in processed material which would cause pollution;
and
(b) Furnishing energy, including electricity to the public, if
available on reasonable demand, and providing facilities to transmit
electricity for sale outside the State.
4. Promote the health of residents of the county by enabling a
private enterprise to acquire, develop, expand and maintain health and
care facilities and supplemental facilities for health and care
facilities which will provide services of high quality to those residents
at reasonable rates.
5. Promote the educational, cultural, economic and general welfare
of the public by financing the preservation of historic structures in the
county, or their restoration for the original or another use, in order to
preserve structures of historic interest.
6. Promote the social welfare of the residents of the county by
enabling corporations for public benefit to acquire, develop, expand and
maintain facilities that provide services for those residents.
7. Promote the social welfare of the residents of the county by
financing the acquisition, development, construction, improvement,
expansion and maintenance of affordable housing in the county.
(Added to NRS by 1967, 1745; A 1973, 967; 1975, 426, 1384; 1977,
586; 1979, 685; 1981, 387, 1621; 1985, 2180; 1993, 1474)
1. Each county is vested with all the powers necessary to
accomplish the purposes set forth in NRS 244A.695 , but these powers must be exercised for the
health, safety and welfare of the inhabitants of this state.
2. NRS 244A.669 to 244A.763
, inclusive, must be liberally
construed in conformity with the purposes set forth in NRS 244A.695
.
(Added to NRS by 1985, 2179)
In addition to any other powers,
each county has the following powers:
1. To finance or acquire, whether by construction, purchase, gift,
devise, lease or sublease or any one or more of such methods, and to
improve and equip one or more projects or parts thereof, which except as
otherwise provided in this subsection must be located within this state,
and which may be located within or partially within that county. If a
project is for the generation and transmission of electricity and the
county deems it necessary:
(a) To connect the project with facilities located outside this
state, transmitting facilities necessary for that interconnection may be
located outside this state, but financing for those transmitting
facilities must be limited to the amount necessary to interconnect the
project with the nearest compatible transmitting facility of the
participant in the project with which the connection is to be made.
(b) To acquire or develop fuel or water or rights thereto, or to
transport fuel or water from outside the county or State, the necessary
facilities, fuel, water or rights thereto may be located wholly outside
the county or outside the State.
Ê Any water rights for such a project to be obtained by appropriation may
only be appropriated within the boundaries of the county within which the
generating facility is located, unless the board of county commissioners
of another county approves the appropriation within its boundaries for
that purpose.
2. To finance, sell, lease or otherwise dispose of any or all its
projects upon such terms and conditions as the board considers advisable.
3. To issue revenue bonds for the purpose of financing or
defraying all or any portion of the cost of acquiring, improving and
equipping any project as set forth in NRS 244A.737 .
4. To secure payment of such bonds as provided in NRS 244A.669
to 244A.763 , inclusive.
5. If a project is for the generation and transmission of
electricity, to own the project in its entirety or an undivided interest
in the project with one or more other owners, and to enter into
agreements with respect to any matters relating to common ownership of
the project, including, without limitation, matters relating to the
ownership, acquisition, construction, improvement, equipping, financing,
operation and maintenance of the project.
6. To take such actions as are necessary or useful in order to
undertake, carry out, accomplish and otherwise carry out the provisions
of NRS 244A.669 to 244A.763 , inclusive, including the adoption of
resolutions, which may be introduced and adopted at the same special or
regular meeting of the board and which become effective upon adoption
unless otherwise specified in the resolution.
(Added to NRS by 1967, 1745; A 1973, 967; 1975, 427; 1979, 686;
2001, 2074 )
The governing
body of a county may approve the issuance of bonds for a project for
affordable housing or for any form of residential housing for the
purposes of a corporation for public benefit only if:
1. The amount of the bonds to be issued is less than $15,000,000;
2. An independent consultant hired by the governing body has
reported favorably on the financial feasibility of the project;
3. The bonds will be sold to not more than 10 investors, each of
whom certifies that he:
(a) Has a net worth of $500,000 or more; and
(b) Is purchasing the bonds for investment and not for resale; and
4. The issuance of the bonds is approved by the State Board of
Finance, unless the amount of the bonds to be issued is $5,000,000 or
less.
(Added to NRS by 1993, 1472)
A county may not,
under NRS 244A.669 to 244A.763 , inclusive:
1. Operate any manufacturing, industrial or warehousing enterprise
or an organization for research and development to which it provided
assistance; or
2. Assist any manufacturing, industrial or warehousing enterprise
or organization for research and development to locate in the county,
except for:
(a) Health and care facilities;
(b) Supplemental facilities for health and care facilities;
(c) Facilities established by corporations for public benefit; and
(d) Affordable housing,
Ê which would compete substantially with an enterprise or organization
already established in that county for substantially the same intrastate
markets.
(Added to NRS by 1985, 2179; A 1993, 1474)
1. A county which acquired or which contemplates acquiring a
project for the generation and transmission of electricity may sell all
or part of its capacity and may charge for the use of its transmitting
facilities, and for this purpose may contract with one or more
purchasers. The amount sold or charged to any purchaser or any
combination thereof must not exceed the amount allowable under the
Internal Revenue Code of 1954, as amended, or the United States Treasury
Regulations prescribed thereunder so as to result in a change in or loss
of the exemption from federal income tax or the exclusion from gross
income for the purposes of federal income tax for the interest paid, or
to be paid, on any bonds issued by the county to finance all or a portion
of the costs of acquiring, improving or equipping the project, unless the
bonds are issued pursuant to NRS 244A.702 .
2. If a county decides to sell capacity of the project after the
expiration of all of the initial contracts for such sale, it shall give a
first right of refusal to electric utilities which primarily serve retail
customers in this state to purchase that capacity. No right of first
refusal arises at any time by virtue of this section if and to the extent
that, under the Internal Revenue Code and regulations prescribed
thereunder as they exist at that time, such a right of first refusal
would or could result in a change in or loss of the exemption from
federal income tax or the exclusion from gross income for the purposes of
federal income tax for the interest paid or to be paid on any bonds
issued or to be issued by the county to finance all or a portion of the
costs of acquiring, improving or equipping the project, unless the bonds
are issued pursuant to NRS 244A.702 .
3. Any agreement between a county and a purchaser of all or part
of the capacity of a project may include a provision that the obligation
of the purchaser to make payments:
(a) Exists whether or not:
(1) The project or any part thereof is completed, operating
or capable of operation; or
(2) The generation of electricity from the project is
stopped or reduced for any reason.
(b) Must not be reduced by offset or otherwise.
(c) Is not conditional upon the performance, by any party to the
agreement described in this subsection, of that party’s obligation under
any other agreement.
(Added to NRS by 1979, 677; A 1985, 641; 1987, 537)
A county may issue bonds to
finance solely the costs of studies, surveys and options with respect to
a project for the generation and transmission of electricity. Before
doing so, the county shall arrange for the repayment of those costs under
an agreement or agreements which may provide for the purchase by the
obligor or obligors thereunder of the studies, surveys and options
through payments sufficient to pay the principal of and interest on the
bonds issued to finance those costs if and to the extent the principal of
and interest on such bonds are not paid from the proceeds of additional
bonds issued to finance the remaining costs of the project. If the
obligor or obligors decide that the project is not feasible, they shall
pay the costs of the studies, surveys and options within 1 year. Such
agreements may also include a commitment or agreement by the county to
enter into contracts at a later date for the sale of all or part of the
capacity of the project to or for the use of the transmitting facilities
of the project by the obligors and for the construction and operation of
such project by one or more purchasers of capacity of the project. The
terms and provisions of such contracts to be executed at a later date
must be approved by the board of county commissioners at the time of or
before the first issuance of bonds.
(Added to NRS by 1979, 678)
1. A county may issue revenue bonds the interest on which is not
exempt from federal income tax or excluded from gross revenue for the
purposes of federal income tax to finance or defray all or any portion of
the cost of acquiring, improving and equipping a project for the
generation and transmission of electricity.
2. A county may:
(a) Designate the portion of the capacity of the project which is
to be owned by the county and the portion of the costs of the project
which is to be financed with such bonds.
(b) Provide that such bonds are secured and payable separately from
other bonds issued for the project, and provide for the allocation of the
proceeds of the bonds and the revenues derived from the project.
(Added to NRS by 1987, 536)
1. If a county determines, in the proceedings or an agreement with
respect to the first issuance of bonds for the purpose of financing a
portion of the cost of a project for the generation and transmission of
electricity, subsequently to issue additional bonds to finance the costs
of the project, the costs of any improvements to the project which are
necessary to meet the requirements of any governmental authority, and the
costs of any replacements in the project occasioned by damage to, or the
destruction or taking of, all or any part of the project, then the county
is obligated, and it is the duty of the board of county commissioners or
other appropriate officers, to sell and issue such additional bonds from
time to time as may be necessary if:
(a) All conditions to their issuance contained in any contractual
arrangement between the county and a lessee, purchaser or other obligor
have been satisfied; and
(b) The terms of the bonds to be issued do not violate any law of
this state in effect at the time of passage of the resolution authorizing
the issuance of the bonds.
2. The requirements of NRS 244A.707 and 244A.711 do not apply to the issuance of bonds
pursuant to this section.
(Added to NRS by 1979, 678)
Any lessee, purchaser, obligor, trustee or
other representative of bondholders or any other interested party is
entitled as of right to the enforcement of the obligations, if any, of
the county to sell and issue additional bonds to finance the remaining
costs of acquiring, improving, and equipping a project, or to contract
for the sale of the capacity of the project or for the construction and
operation of a project, by mandamus or other suit, action or proceeding
at law or in equity to compel the county, its board of county
commissioners or other appropriate officers to perform those obligations.
(Added to NRS by 1979, 680)
Except as otherwise provided in NRS 244A.703 , before availing itself of the powers
conferred by NRS 244A.697 , 244A.699
or 244A.703 with respect to any project, a board of
county commissioners shall:
1. Give notice of its intention by publication at least once in a
newspaper of general circulation published in the county, or if there is
no such newspaper then in a newspaper of general circulation in the
county published in the State; and
2. Hold at least one public hearing, not less than 10 nor more
than 20 days after the date of publication of the notice.
(Added to NRS by 1967, 1745; A 1979, 686)—(Substituted in revision
for NRS 244.9199)
The board of county commissioners
may enter into any contract, lease or other agreement or transaction
appropriate to carry out the provisions of NRS 244A.669 to 244A.763 , inclusive, even though it extends beyond
their terms of office, without setting forth in detail in any notice the
proposed terms or conditions thereof.
(Added to NRS by 1979, 680)
1. Except as otherwise provided in NRS 244A.703 , after holding the required public hearing,
the board shall proceed no further unless or until it:
(a) Except as otherwise provided in subsection 2, determines by
resolution the total amount of money necessary to be provided by the
county for the acquisition, improvement and equipment of the project;
(b) Receives a 5-year operating history from the contemplated
lessee, purchaser or other obligor, or from a parent or other enterprise
which guarantees principal and interest payments on any bonds issued;
(c) Receives evidence that the contemplated lessee, purchaser,
other obligor or other enterprise which guarantees principal and interest
payments, has received within the 12 months preceding the date of the
public hearing, or then has in effect, a rating within one of the top
four rating categories of either Moody’s Investors Service, Inc., or
Standard and Poor’s Ratings Services, except that a municipal or other
public supplier of electricity in this state, a public utility regulated
by the Public Utilities Commission of Nevada, the obligor with respect to
a project described in NRS 244A.6975 , the owner of a historic structure, a
health and care facility or a supplemental facility for a health and care
facility is not required to furnish that evidence;
(d) Determines by resolution that the contemplated lessee,
purchaser or other obligor has sufficient financial resources to place
the project in operation and to continue its operation, meeting the
obligations of the lease, purchase contract or financing agreement; and
(e) If the project is for the generation and transmission of
electricity, determines by resolution that the project will serve one or
more of the purposes set forth in NRS 244A.695 and specifies in the resolution its findings
supporting that determination.
2. If the project is for the generation and transmission of
electricity, the board may estimate the total amount of money necessary
for its completion, and the total amount of money which may be provided
by the county in connection with the project may exceed the estimate,
without the requirement for any further public hearings to be held in
connection therewith, to the extent that the excess is required to
complete the project or to finance any improvements to or replacements in
the project and the county has previously determined to finance the
remaining costs of acquiring, improving and equipping the project.
3. The board may refuse to adopt such a resolution with respect to
any project even if all the criteria of subsection 1 are satisfied. If
the board desires to adopt such a resolution with respect to any project
where any criterion of subsection 1 is not satisfied, it may do so only
with the approval of the State Board of Finance. In requesting this
approval, the board of county commissioners shall transmit to the State
Board of Finance all evidence received pursuant to subsection 1.
4. If any part of the project or improvements is to be constructed
by a lessee or his designee, a purchaser or his designee or an obligor or
his designee, the board shall provide, or determine that there are
provided, sufficient safeguards to ensure that all money provided by the
county will be expended solely for the purposes of the project.
(Added to NRS by 1967, 1746; A 1973, 968; 1975, 428, 780; 1977,
587; 1979, 456, 687; 1981, 388; 1985, 2182; 1993, 1475; 1997, 1604, 1976)
1. All bonds issued by a county under the authority of NRS
244A.669 to 244A.763 , inclusive, shall be special, limited
obligations of the county. The principal of and interest on such bonds
shall be payable, subject to the security provisions herein, solely out
of the revenues derived from the financing, leasing or sale of the
project to be financed by the bonds.
2. The bonds and interest coupons, if any, appurtenant thereto
shall never constitute the debt or indebtedness of the county within the
meaning of any provision or limitation of the Constitution of the State
of Nevada or statutes, and shall not constitute nor give rise to a
pecuniary liability of the county or a charge against its general credit
or taxing powers. Such limitation shall be plainly stated on the face of
each such bond.
(Added to NRS by 1967, 1746; A 1973, 968; 1975, 428)—(Substituted
in revision for NRS 244.9201)
1. The bonds must:
(a) Be authorized by resolution;
(b) Be in such denominations;
(c) Bear such date or dates;
(d) Mature at such time or times not exceeding 40 years from their
respective dates;
(e) Be in such form;
(f) Carry such registration privileges;
(g) Be executed in such manner, including the use of one or more
facsimile signatures so long as at least one manual signature appears on
the bonds, which manual signature may be either an official of the county
or an officer of the trustee authenticating the same;
(h) Be payable at such place or places within or without the State;
and
(i) Be subject to such terms of redemption,
Ê as the authorizing resolution may provide.
2. The resolution may fix a rate or rates of interest, or provide
for the determination of the rate or rates from time to time by a
designated agent according to a specified standard and procedure.
3. Except as otherwise provided in this subsection, the bonds may
be sold in one or more series at par, or below or above par, in such
manner and for such price or prices as the county, in its discretion,
determines. In the case of a project for the generation and transmission
of electricity, the determination with respect to the manner of sale of
the bonds must be made in the best interest of the participants, upon the
recommendation and with the concurrence of the management committee. As
an incidental expense of the project, the county, in its discretion, may
employ financial and legal consultants in regard to the financing of the
project.
4. The bonds are fully negotiable under the terms of the Uniform
Commercial Code—Investment Securities.
(Added to NRS by 1967, 1746; A 1971, 2098; 1975, 428; 1977, 588;
1979, 688; 1981, 389; 1983, 1159)
The principal of, the interest on and any
prior redemption premiums due in connection with the bonds shall be
payable from, secured by a pledge of and constitute a lien on the
revenues out of which such bonds shall be made payable. In addition, they
may, in the discretion of the county, be secured by:
1. A mortgage covering all or any part of the project, or upon any
other property of the lessee, purchaser or obligor, or by a pledge of the
lease, the agreement of sale or the financing agreement with respect to
such project, or both.
2. A pledge of one or more notes, debentures, bonds or other
secured or unsecured debt obligations of the obligor.
Ê No county is authorized to pledge any of its property or otherwise
secure the payment of any bonds with its property, except that the county
may pledge the property of the project or the revenues therefrom.
(Added to NRS by 1967, 1747; A 1973, 968; 1975, 429; 1977,
589)—(Substituted in revision for NRS 244.9203)
The resolution
under which the bonds are authorized to be issued, and any indenture or
mortgage given to secure the same, may contain any provisions customarily
contained in instruments securing bonds and constituting a covenant with
the bondholders, including, but not limited to:
1. Custody of the proceeds from the sale of the bonds, including
their investment and reinvestment until used to finance or defray the
cost of the project.
2. The fixing and collection of payments, with respect to the
project to be made under the lease, the agreement of sale or the
financing agreement.
3. The terms to be incorporated in the lease, the agreement of
sale or the financing agreement with respect to the project.
4. The maintenance and insurance of the project.
5. The creation of funds and accounts into which any bond
proceeds, revenues and income may be deposited or credited.
6. Limitation on the purpose to which the proceeds of any bonds
then or thereafter to be issued may be applied.
7. Limitations on the issuance of additional bonds, the terms upon
which additional bonds may be issued and secured, the refunding of bonds
and the replacement of bonds.
8. The procedure, if any, by which the terms of any contract with
bondholders may be amended or abrogated.
9. Vesting in a trustee or trustees located within or without this
state such properties, rights, powers and duties in trust as the board
may determine, and limiting the rights, duties and powers of such
trustees.
10. The rights and remedies available in case of a default to the
bondholders or to any trustee under the lease, agreement of sale,
financing agreement, indenture or a mortgage.
(Added to NRS by 1967, 1747; A 1973, 969; 1975, 429)—(Substituted
in revision for NRS 244.9204)
1. The board may exercise its power to issue bonds and to redeem
them by requesting the Director of the Department of Business and
Industry to issue bonds to finance any project for which bonds could be
issued pursuant to NRS 244A.669 to
244A.763 , inclusive.
2. If the Director believes that the bonds are marketable under
the terms set forth in the resolution of the board requesting their
issuance, he may proceed to issue them as special obligations of the
State, secured only by the revenues, mortgage or pledge specified in the
resolution.
3. The Director may receive and disburse the revenues of each
project for which he has issued bonds, and may charge from those
revenues, or directly to the county if those revenues are not sufficient,
a reasonable compensation for his services. The Director may exercise any
power which the board would have to collect payments due from the obligor.
(Added to NRS by 1981, 1620; A 1993, 1546)
1. The county may provide that proceeds from the sale of bonds and
special funds from the revenues of the project must be invested and
reinvested in such securities and other investments, whether or not any
such investment or reinvestment is authorized under any other law of this
state, as may be provided in the proceedings under which the bonds are
authorized to be issued, including, but not limited to:
(a) Bonds or other obligations of the United States of America.
(b) Bonds or other obligations, the payment of the principal and
interest of which is unconditionally guaranteed by the United States of
America.
(c) Obligations issued or guaranteed as to principal and interest
by any agency or person controlled or supervised by and acting as an
instrumentality of the United States of America pursuant to authority
granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state of the United
States of America, or any political subdivision of any such state.
(e) Prime commercial paper.
(f) Prime finance company paper.
(g) Bankers’ acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or
guaranteed as to principal and interest by the United States of America
or by any person controlled or supervised by and acting as an
instrumentality of the United States of America pursuant to authority
granted by the Congress of the United States of America.
(i) Certificates of deposit issued by credit unions or commercial
banks, including banks domiciled outside of the United States of America.
(j) 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 the securities.
2. The county may also provide that such proceeds or funds or
investments and the payments payable under the lease, the agreement of
sale or the financing agreement must be received, held and disbursed by
one or more banks, credit unions or trust companies located within or out
of this state.
(Added to NRS by 1967, 1747; A 1973, 969; 1975, 430; 1997, 2870;
1999, 1464 )
The county may also provide
that:
1. The project and improvements to be constructed, if any, shall
be constructed by the county, lessee or the lessee’s designee, purchaser
or purchaser’s designee, obligor or obligor’s designee, or any one or
more of them on real estate owned by the county, the lessee or the
lessee’s designee, or the purchaser or the purchaser’s designee, or the
obligor or the obligor’s designee, as the case may be.
2. The bond proceeds shall be disbursed by the trustee bank or
banks, trust company or trust companies, during construction upon the
estimate, order or certificate of the lessee or the lessee’s designee or
of the purchaser or the purchaser’s designee, or of the obligor or the
obligor’s designee.
(Added to NRS by 1967, 1748; A 1973, 970; 1975, 431)—(Substituted
in revision for NRS 244.9206)
In making such
agreements or provisions, a county shall not obligate itself, except with
respect to the project and the application of the revenues therefrom and
bond proceeds therefor.
(Added to NRS by 1967, 1748)—(Substituted in revision for NRS
244.9207)
1. The resolution authorizing any bonds or any indenture or
mortgage securing such bonds may provide that if there is a default in
the payment of the principal of, the interest on, or any prior redemption
premiums due in connection with the bonds or in the performance of any
agreement contained in such resolution, indenture or mortgage, the
payment and performance may be enforced by mandamus or by the appointment
of a receiver with power to charge, collect and apply the revenues from
the project in accordance with the resolution or the provisions of the
indenture or mortgage.
2. Any mortgage to secure bonds issued thereunder, may also
provide that if there is a default in the payment thereof or a violation
of any agreement contained in the mortgage, it may be foreclosed and
there may be a sale in any manner permitted by law. Such mortgage may
also provide that any trustee under such mortgage or the holder of any
bonds secured thereby may become the purchaser at any foreclosure sale if
he is the highest bidder and may apply toward the purchase price unpaid
bonds at the face value thereof.
(Added to NRS by 1967, 1748; A 1975, 431)—(Substituted in revision
for NRS 244.9208)
1. Prior to the initial leasing, sale or financing of any project,
the board shall by resolution determine:
(a) The amount, or reasonably anticipated range of amounts,
necessary in each year to pay the principal of and the interest on the
first bonds proposed to be issued to finance such project and on any
subsequent issues of bonds which may be permitted under the lease, sale
or financing and authorizing resolutions pertinent to financings
hereunder.
(b) The amount necessary to be paid each year into any reserve
funds which the board may deem advisable to establish in connection with
the retirement of the proposed bonds and the maintenance of the project.
(c) The estimated cost of maintaining the project in good repair
and keeping it properly insured, unless the terms under which the project
is to be leased, sold or financed provide that the lessee, purchaser or
obligor shall maintain the project and carry all proper insurance with
respect thereto.
2. The determination and findings of the board, required to be
made by subsection 1, shall be set forth in the resolution under which
the proposed bonds are to be issued, but the foregoing amounts need not
be expressed in dollars and cents in the lease, agreement of sale or
financing agreement and the resolution under which the bonds are
authorized to be issued, but may be set forth in the form of a formula or
formulas, or if the project is for the generation and transmission of
electricity, in any other form which provides a basis for determining the
required amounts.
(Added to NRS by 1967, 1749; A 1973, 970; 1975, 431; 1979, 688;
1983, 1160)
Except as
otherwise provided for bonds issued to finance preliminaries to or any
costs connected with a project for the generation and transmission of
electricity, before issuing any bonds authorized by NRS 244A.669 to 244A.763 , inclusive, the county shall lease, sell or
finance the project under an agreement conditioned upon completion of the
project and providing for payment to the county of such revenues as, upon
the basis of such determinations and findings, will be sufficient to:
1. Pay the principal of and interest on the bonds issued to
finance the project.
2. Build up and maintain any reserves deemed advisable by the
board in connection therewith.
3. Pay the costs of maintaining the project in good repair and
keeping it properly insured, unless the lease, agreement of sale or
financing agreement obligates the lessee, purchaser or obligor to pay for
the maintenance and insurance on the project.
(Added to NRS by 1967, 1749; A 1973, 971; 1975, 432; 1979,
689)—(Substituted in revision for NRS 244.921)
1. If the project is to be leased, the lease may grant the lessee
an option to purchase all or a part of the project at a stipulated
purchase price or prices or at a price or prices to be determined upon
appraisal as provided in the lease.
2. The option may be exercised at such time or times as the lease
may provide.
3. The county and the lessee may agree and provide in the lease
that all or a part of the rentals paid by the lessee prior to and at the
time of the exercise of such option shall be applied toward such purchase
price and shall be in full or partial satisfaction thereof.
(Added to NRS by 1967, 1749; A 1973, 971)—(Substituted in revision
for NRS 244.9211)
1. Any bonds issued under the provisions of NRS 244A.669 to 244A.763 , inclusive, and at any time outstanding may
at any time and from time to time be refunded by a county by the issuance
of its refunding bonds in such amount as the board may deem necessary to
refund the principal of the bonds to be so refunded, any unpaid interest
thereon and any premiums and incidental expenses necessary to be paid in
connection therewith.
2. Any such refunding may be effected, whether the bonds to be
refunded have matured or thereafter mature, either by sale of the
refunding bonds and the application of the proceeds thereof, directly or
indirectly, to the payment of the bonds to be refunded thereby, or by
exchange of the refunding bonds for the bonds to be refunded thereby, but
the holders of any bonds to be so refunded shall not be compelled,
without their consent, to surrender their bonds for payment or exchange
prior to the date on which they are payable by maturity date, option to
redeem or otherwise, or if they are called for redemption, prior to the
date on which they are by their terms subject to redemption by option or
otherwise. Except to the extent expressly or impliedly inconsistent with
the terms of NRS 244A.669 to 244A.763
, inclusive, the provisions of the
Local Government Securities Law govern the issuance of such refunding
bonds and the establishment of any escrow in connection therewith.
3. All refunding bonds, issued under authority of this section,
shall be payable solely from revenues out of which the bonds to be
refunded thereby are payable or from revenues out of which bonds of the
same character may be made payable under this or any other law then in
effect at the time of the refunding.
(Added to NRS by 1967, 1749; A 1975, 432; 1977, 589)—(Substituted
in revision for NRS 244.9212)
1. The proceeds from the sale of any bonds shall be applied only
for the purpose for which the bonds were issued and if, for any reason,
any portion of such proceeds is not needed for the purpose for which the
bonds were issued, such unneeded portion of such proceeds shall be
applied to the payment of the principal of or the interest on the bonds.
2. The cost of acquiring, improving and equipping any project
shall be deemed to include the actual cost of acquiring and improving a
site or the cost of the construction of any part of a project which may
have been constructed, plus the total of all reasonable or necessary
costs incidental to the acquisition, construction, reconstruction,
repair, alteration, improvement, equipment and extension of any project,
including, without limitation:
(a) The cost of studies and surveys, and the acquisition of options
to purchase any real or personal property or interest therein;
(b) Plans, specifications, architectural and engineering costs;
(c) Legal, organization, marketing or other special services;
(d) Financing, acquisition, demolition, construction, equipment and
site development of new and rehabilitated buildings;
(e) Rehabilitation, reconstruction, repair or remodeling of
existing buildings;
(f) Acquisition, installation, construction, reconstruction,
repair, alteration and improvement of fixtures, machinery, equipment and
furnishings;
(g) Acquisition of resources, facilities and supplies, including
rights thereto, for fuel, fuel transportation and water;
(h) Working capital and reserves;
(i) An initial bond and interest reserve together with interest on
bonds issued to finance such projects to a date 6 months subsequent to
the estimated date of completion; and
(j) All other necessary and incidental expenses, including expenses
incurred to assist in meeting the financial demands placed by a project
upon the population of, or services furnished by, this state, a county,
city or town, or any political subdivision, agency or district thereof or
created thereby, and capital contributions made by the county to, or
facilities provided by the county for the use of, any corporation or
other legal entity to minimize pollution in the vicinity of the project,
if that pollution relates to the simultaneous operations of the project
and the corporation or other legal entity in those areas.
3. The authorization to expend money for the purposes listed in
paragraph (g) of subsection 2 does not preempt the authority of any state
regulatory agency which has jurisdiction over the resources, facilities
or supplies to be acquired.
4. In establishing the budget to determine the rate of ad valorem
taxation for a particular taxing entity for a fiscal year, the amount to
be paid in that fiscal year by the county which owns or is financing a
project, from the revenues of or the proceeds of bonds issued for the
project, as assistance in meeting the financial demands placed by the
project upon the people of or the services furnished by that taxing
entity, must be offset against the expenditures to be made by the taxing
entity in that fiscal year for those purposes.
(Added to NRS by 1967, 1750; A 1973, 971; 1975, 433; 1979,
689)—(Substituted in revision for NRS 244.9213)
1. Except as otherwise provided in this section, a county shall
not pay out of its general fund or otherwise contribute any part of the
costs of acquiring, improving and equipping a project.
2. A county shall not use land already owned by the county, or in
which the county has an equity interest for the construction of a project
unless:
(a) The land was specifically acquired for the purpose of a project;
(b) The board determines that the land is no longer necessary for
other purposes of the county; or
(c) The land is conveyed to a nonprofit organization pursuant to
NRS 244.287 .
3. The entire cost of acquiring, improving and equipping any
project must be paid out of the proceeds from the sale of the bonds, but
this provision does not prevent a county from accepting donations of
property to be used as a part of any project or money to be used for
defraying any part of the cost of any project, including the completion
of the project by the lessee, purchaser or obligor without any cost or
liability to the county.
(Added to NRS by 1967, 1750; A 1975, 433; 1997, 1737)
1. When all principal of, interest on and any prior redemption
premiums due in connection with the bonds issued for a project have been
paid in full, and if an option to purchase or option to renew a lease, if
any, contained in such lease has not been exercised as to all of the
property contained in the project, the lease shall terminate and the
county shall sell such remaining property or devote the same to county
purposes other than those authorized by NRS 244A.669 to 244A.763 , inclusive.
2. No county may operate any project as a business or in any other
manner except as a lessor or seller thereof. If the project is for the
generation and transmission of electricity, and the county retains
ownership and sells the electricity generated or charges for the use of
the transmitting facilities, the project must be constructed and operated
by one or more of the purchasers of that electricity or users of the
transmitting facilities pursuant to agreement with the county.
3. Any such sale which is not made pursuant to exercise of an
option to purchase by the lessee or pursuant to an agreement of sale
shall be conducted in the same manner as is then provided by law
governing the issuer’s sale of surplus property.
(Added to NRS by 1967, 1750; A 1973, 972; 1979, 690)—(Substituted
in revision for NRS 244.9215)
1. A county shall not commence the construction of a project for
the generation and transmission of electricity to be financed pursuant to
NRS 244A.669 to 244A.763 , inclusive, until the Legislature approves
the project in general terms and fixes the limit of the capacity of its
generating facilities. After a project is originally so approved, no
further legislative approval is required except the addition of
generating facilities. For the purposes of this subsection, construction
is commenced when excavation is begun for the foundations of a unit for
the generation of electricity.
2. Approval by the Legislature does not preempt the authority of
any state regulatory agency, including, without limitation, the Public
Utilities Commission of Nevada, the State Environmental Commission and
the State Department of Conservation and Natural Resources. The county
shall determine, with the concurrence of the management committee, the
capacity of the project to generate electricity, within the limit fixed
by the Legislature. This determination must be made before the county
applies to the Public Utilities Commission for a permit to construct any
generating unit.
(Added to NRS by 1979, 681; A 1997, 1977)
1. A county which undertakes a project for the generation and
transmission of electricity shall provide in financing agreements for the
project or in the contracts for the sale of capacity of the project, and
contracts for participation in ownership of the project, if any, for the
establishment of a management committee. The committee must be composed
of voting members, each of whom represents one or more purchasers of
capacity or participating owners of an undivided interest in the project,
and three nonvoting representatives of the county, appointed by the board
of county commissioners. Each voting member is entitled to a vote equal
to the total entitlement to capacity of the participant or participants
represented by that member. The agreements or contracts must fix the
numbers of voting members and the manner of their appointment.
2. Action may be taken by the committee upon an affirmative vote
of voting members representing owner-participants and
purchaser-participants entitled to, in the aggregate, not less than 80
percent of the capacity of the project. The management committee shall
exercise general supervision of the construction and operation of the
project, including the approval of all major contracts and other major
matters relating to construction and operation of the project. These
include, without limitation, contracts and matters relating to the
acquisition of resources, facilities and supplies, including rights
thereto, for fuel, transportation of fuel, and water for the project.
3. The generating facilities of such project must be designed by a
nationally recognized architectural and engineering firm of favorable
reputation selected by the management committee. Unless otherwise
provided for by the management committee, all materials and construction
for the project shall be competitively bid upon terms determined by the
management committee.
4. All other matters relating to the powers, duties, organization
and operation of such committee must be provided by the financing
agreements or contracts.
(Added to NRS by 1979, 681)
Pursuant to NRS 361.060 , all property owned by a county pursuant to NRS 244A.669
to 244A.763 , inclusive, is exempt from taxation. The
lessee or purchaser shall pay whatever taxes are assessed to him pursuant
to NRS 361.157 and 361.159 , and any obligor shall pay whatever taxes are assessed to him
in the same manner as any other taxpayer.
(Added to NRS by 1967, 1751; A 1973, 972; 1975, 433; 1979,
691)—(Substituted in revision for NRS 244.9216)
1. If a project is for the generation and transmission of
electricity, payments must be made as provided in this section:
(a) In lieu of ad valorem taxes on property owned by the county,
and distributed in the same manner as those taxes would be distributed
pursuant to NRS 361.320 ; and
(b) In lieu of the sales and use tax, local school support tax and
city-county relief tax on tangible personal property purchased or used,
and distributed in the same manner as the tax would be distributed
pursuant to NRS 372.780 , 374.785 , 377.055 or 377.057 , whichever applies.
2. The payments in lieu of taxes specified in paragraph (b) of
subsection 1 must be paid on any incident of sale, use, storage or other
consumption of property which, pursuant to the Sales and Use Tax Act,
Local School Support Tax Law or an ordinance or ordinances adopted
pursuant to the City-County Relief Tax Law, would be taxable if the
exemptions for counties contained, respectively, in NRS 372.325 and 374.330 were not applicable. No such payment applies to any incident
previously subjected to a sales or use tax. Except as otherwise provided
in this section and except to the extent that they would be inconsistent
with the provisions of this section, the provisions of the Sales and Use
Tax Act, Local School Support Tax Law, the City-County Relief Tax Law,
any ordinance or ordinances adopted pursuant thereto, and other laws of
the State dealing with taxes on the sale or use of tangible personal
property govern the collection, payment, method of protest, exemptions
and other matters relating to the payments required in lieu of these
taxes.
3. The payments in lieu of ad valorem taxes must equal the ad
valorem taxes that would have been payable were the project subject to ad
valorem taxation and to assessment pursuant to NRS 361.320 . This section does not preclude the Legislature from changing
the method of assessment or allocation of payments in lieu of ad valorem
taxes. The due date of payments in lieu of ad valorem taxes to a
particular taxing entity and the tax rate with respect to the portion of
the valuation of a project allocated to that entity must be determined in
the same manner as for property which is subject to ad valorem taxation
by that taxing entity.
4. The county shall, in the agreement with each purchaser of
capacity require that the purchaser, or all of them collectively, make
timely payments, whether or not the capacity is taken or available,
sufficient in time and amount, to the extent that such payments are not
otherwise provided for from bond proceeds or other funds specifically
made available therefor, to provide for the payments in lieu of taxes
required by this section. The agreements must provide the method of
determining the amount of such payments to be made by each such purchaser.
5. The payments in lieu of taxes required by this section during
the construction of the project are the responsibility of the participant
who, pursuant to subsection 2 of NRS 244A.741 , is constructing the project and the
payments in lieu of taxes during the period of operation of the project
are the responsibility of the participant who, pursuant to that
subsection, is operating the project. The responsibility of making such
payments is limited to the extent that there is legally available to the
responsible participant, from the payments, proceeds or other funds
mentioned in subsection 4, money to make such payments and the obligation
of such participant or participants to make such payments in lieu of
taxes is not a general obligation or liability of the responsible
participant. That participant shall take appropriate action to enforce
the obligation, provided for in subsection 4, of the participants in the
project. A payment in lieu of taxes must not be made to the extent that
the making of the payment would cause a deficiency in the money available
to the county to make required payments of principal of, premium, if any,
or interest on any bonds issued by the county to finance the project or
to make required payments to any funds established under the proceedings
under which such bonds were issued and secured. No lien attaches upon any
property or money of the county or any property or money of the
participant or participants mentioned in the first sentence of this
subsection by virtue of any failure to pay all or any part of any in lieu
of taxes. The participant or participants constructing or operating the
project or any other participant in the project may contest the validity
of any payment in lieu of a tax to the same extent as if such payment
were a payment of the tax itself. The payments in lieu of taxes must be
reduced if and to the extent that such contest is successful.
6. So long as a purchaser of capacity of the project is required
to make payments pursuant to subsection 4, that purchaser is not required
to make any payment of tax pursuant to NRS 361.157 or 361.159 in respect of its interest or rights in that project.
7. The obligations to make payments in lieu of taxes required by
this section do not constitute a debt or indebtedness of the county and
do not constitute or give rise to a pecuniary liability of the county or
a charge against its general credit or taxing powers.
(Added to NRS by 1979, 679; A 1981, 1782; 1991, 1433)
1. Except as otherwise provided in subsection 2, no land acquired
by a county by the exercise of condemnation through eminent domain can be
used for the project to effectuate the purposes of NRS 244A.669 to 244A.763 , inclusive.
2. If the project is for the generation and transmission of
electricity, the county financing the project may acquire land or
rights-of-way for generating facilities within its own boundaries, and
may acquire land or rights-of-way for transmission facilities or
facilities for the production or transportation of fuel or water within
or outside its boundaries, by the exercise of condemnation through
eminent domain, unless the property to be acquired is owned or otherwise
subject to use or control by public utilities within the State.
(Added to NRS by 1967, 1751; A 1979, 691)—(Substituted in revision
for NRS 244.9217)
No action may be brought
questioning the legality of any contract, lease, agreement, indenture,
mortgage, resolution proceedings or bonds executed, adopted or taken in
connection with any project or improvements authorized by NRS 244A.669
to 244A.763 , inclusive, after 30 days from the effective
date of that contract, lease, agreement, indenture, or mortgage or the
resolution first authorizing the issuance of those bonds, as the case may
be.
(Added to NRS by 1967, 1751; A 1973, 972; 1975, 434; 1979,
691)—(Substituted in revision for NRS 244.9218)
669 to
244A.763 , inclusive. The faith of
the State is hereby pledged that NRS 244A.669 to 244A.763 , inclusive, will not be repealed, amended or
modified to impair any outstanding bonds or any revenues pledged to their
payment, or to impair, limit or alter the rights or powers vested in a
county to acquire, finance, improve and equip a project in any way that
would jeopardize the interest of any lessee, purchaser or other obligor,
or to limit or alter the rights or powers vested in the county to perform
any agreement made with any lessee, purchaser or other obligor, until all
bonds have been discharged in full or provision for their payment and
redemption has been fully made.
(Added to NRS by 1979, 680)
1. NRS 244A.669 to 244A.763
, inclusive, without reference to
other statutes of this State, constitute full authority for the exercise
of powers granted in those sections, including, but not limited to, the
authorization and issuance of bonds.
2. No other act or 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
in NRS 244A.669 to 244A.763 , inclusive, to be done, applies to any
proceedings taken or acts done pursuant to those sections, except for
laws to which reference is expressly made in those sections or by
necessary implication of those sections.
3. The provisions of no other law, either general or local, except
as provided in NRS 244A.669 to
244A.763 , inclusive, apply to the
doing of the things authorized in those sections to be done, and no
board, agency, bureau, commission or official not designated in those
sections has any authority or jurisdiction over the doing of any of the
acts authorized in those sections to be done, except:
(a) As otherwise provided in those sections.
(b) That a project for the generation and transmission of
electricity is subject to review and approval by the state regulatory
agencies which have jurisdiction of the matters involved, including,
without limitation, the Public Utilities Commission of Nevada, the State
Environmental Commission and the State Department of Conservation and
Natural Resources.
4. No notice, consent or approval by any public body or officer
thereof may be required as a prerequisite to the sale or issuance of any
bonds, the making of any contract or lease, or the exercise of any other
power under NRS 244A.669 to 244A.763
, inclusive, except as provided in
those sections.
5. A project is not subject to any requirements relating to public
buildings, structures, ground works or improvements imposed by the
statutes of this State or any other similar requirements which may be
lawfully waived by this section, and any requirement of competitive
bidding or other restriction imposed on the procedure for award of
contracts for such purpose or the lease, sale or other disposition of
property of the counties is not applicable to any action taken pursuant
to NRS 244A.669 to 244A.763 , inclusive, except that the provisions of
NRS 338.010 to 338.090 , inclusive, apply to any contract for new construction, repair
or reconstruction for which tentative approval for financing is granted
on or after January 1, 1992, by the county for work to be done in a
project.
6. Any bank or trust company located within or without this State
may be appointed and act as a trustee with respect to bonds issued and
projects financed pursuant to NRS 244A.669 to 244A.763 , inclusive, without the necessity of
associating with any other person or entity as cofiduciary except that
such association is not prohibited.
7. The powers conferred by NRS 244A.669 to 244A.763 , inclusive, are in addition and supplemental
to, and not in substitution for, and the limitations imposed by those
sections do not affect the powers conferred by any other law.
8. No part of NRS 244A.669 to
244A.763 , inclusive, repeals or
affects any other law or part thereof, except to the extent that those
sections are inconsistent with any other law, it being intended that
those sections provide a separate method of accomplishing its objectives,
and not an exclusive one.
(Added to NRS by 1967, 1751; A 1973, 972; 1975, 434; 1979, 691;
1987, 707; 1991, 2346; 1997, 1977)
SURCHARGE FOR ENHANCEMENT OF TELEPHONE SYSTEM USED FOR REPORTING EMERGENCY
As used in NRS 244A.7641 to 244A.7647 , inclusive, unless the context otherwise
requires:
1. “Mobile telephone service” means cellular or other service to a
telephone installed in a vehicle or which is otherwise portable.
2. “Place of primary use” has the meaning ascribed to it in 4
U.S.C. § 124(8), as that section existed on August 1, 2002.
3. “Supplier” means a person authorized by the Federal
Communications Commission to provide mobile telephone service.
(Added to NRS by 1995, 1056; A 1999, 1686 , 2715 ; 2001, 621 , 622 , 1642 , 2124 ; 2003, 69 )
1. Except as otherwise provided in this section, the board of
county commissioners in a county whose population is 20,000 or more but
less than 400,000 may, by ordinance, impose a surcharge on:
(a) Each access line or trunk line of each customer to the local
exchange of any telephone company providing those lines in the county; and
(b) The mobile telephone service provided to each customer of that
service whose place of primary use is in the county,
Ê for the enhancement of the telephone system for reporting an emergency
in the county.
2. The board of county commissioners of a county whose population
is less than 100,000 may not impose a surcharge pursuant to this section
unless the board first adopts a 5-year master plan for the enhancement of
the telephone system for reporting emergencies in the county. The master
plan must include an estimate of the cost of the enhancement of the
telephone system and all proposed sources of money for funding the
enhancement.
3. The surcharge imposed by a board of county commissioners
pursuant to this section:
(a) For each access line to the local exchange of a telephone
company, must not exceed 25 cents each month;
(b) For each trunk line to the local exchange of a telephone
company, must equal 10 times the amount of the surcharge imposed for each
access line to the local exchange of a telephone company pursuant to
paragraph (a); and
(c) For each telephone number assigned to a customer by a supplier
of mobile telephone service, must equal the amount of the surcharge
imposed for each access line to the local exchange of a telephone company
pursuant to paragraph (a).
4. A telephone company which provides access lines or trunk lines
in a county which imposes a surcharge pursuant to this section or a
supplier which provides mobile telephone service to a customer in such a
county shall collect the surcharge from its customers each month. Except
as otherwise provided in NRS 244A.7647 , the telephone company or supplier shall
remit the surcharge it collects to the treasurer of the county in which
the surcharge is imposed not later than the 15th day of the month after
the month it receives payment of the surcharge from its customers.
5. An ordinance adopted pursuant to subsection 1 may include a
schedule of penalties for the delinquent payment of amounts due from
telephone companies or suppliers pursuant to this section. Such a
schedule:
(a) Must provide for a grace period of not less than 90 days after
the date on which the telephone company or supplier must otherwise remit
the surcharge to the county treasurer; and
(b) Must not provide for a penalty that exceeds 5 percent of the
cumulative amount of surcharges owed by a telephone company or a supplier.
6. As used in this section, “trunk line” means a line which
provides a channel between a switchboard owned by a customer of a
telephone company and the local exchange of the telephone company.
(Added to NRS by 1995, 1056; A 1997, 2212; 1999, 1686 ; 2001, 621 , 1643 , 2124 ; 2003, 152 , 153 )
If a surcharge is imposed in a
county pursuant to NRS 244A.7643 ,
the board of county commissioners of that county shall:
1. Establish, by ordinance, an advisory committee to develop a
plan to enhance the telephone system for reporting an emergency in that
county and to oversee any money allocated for that purpose. The advisory
committee must consist of not less than five members who:
(a) Are residents of the county;
(b) Possess knowledge concerning telephone systems for reporting
emergencies; and
(c) Are not elected public officers.
Ê If the county in which the surcharge is being imposed pursuant to NRS
244A.7643 has a population of less
than 100,000, the advisory committee must include a representative of an
incumbent local exchange carrier which provides service to persons in
that county. As used in this subsection, “incumbent local exchange
carrier” has the meaning ascribed to it in 47 U.S.C. § 251(h)(1), as that
section existed on October 1, 1999, and includes a local exchange carrier
that is treated as an incumbent local exchange carrier pursuant to that
section.
2. Create a special revenue fund of the county for the deposit of
the money collected pursuant to NRS 244A.7643 . The money in the fund must be used only to
enhance the telephone system for reporting an emergency so that the
number and address from which a call received by the system is made may
be determined, including only:
(a) Paying recurring and nonrecurring charges for telecommunication
services necessary for the operation of the enhanced telephone system;
(b) Paying costs for personnel and training associated with the
routine maintenance and updating of the database for the system;
(c) Purchasing, leasing or renting the equipment and software
necessary to operate the enhanced telephone system; and
(d) Paying costs associated with any maintenance, upgrade and
replacement of equipment and software necessary for the operation of the
enhanced telephone system.
3. If the balance in the fund created pursuant to subsection 2
which has not been committed for expenditure exceeds $500,000 at the end
of any fiscal year, reduce the amount of the surcharge imposed during the
next fiscal year by the amount necessary to ensure that the unencumbered
balance in the fund at the end of the next fiscal year does not exceed
$500,000.
(Added to NRS by 1995, 1056; A 1999, 1686 ; 2001, 621 , 2125 )
1. If the board of county commissioners of a county whose
population is less than 100,000 imposes a surcharge pursuant to NRS
244A.7643 and:
(a) The board also imposes a fee on a provider of personal wireless
service and the fee is a fee for a business license which is regulated
pursuant to NRS 354.59881 to 354.59889 , inclusive, the county treasurer shall, except as otherwise
provided in this section, deposit the money generated from that fee,
including any penalty and interest assessed pursuant to NRS 354.59887
, into the special revenue fund.
(b) A city located within the county imposes a fee on a provider of
personal wireless service and the fee is a fee for a business license
which is regulated pursuant to NRS 354.59881 to 354.59889 , inclusive, the governing body of the city shall transfer
the money generated from that fee, including any penalty and interest
assessed pursuant to NRS 354.59887 , to the county treasurer for deposit into the special
revenue fund.
2. A county treasurer shall not deposit any money into the special
revenue fund pursuant to this section if the deposit of the money would
cause the unencumbered balance in the special revenue fund to exceed the
maximum allowable balance for the special revenue fund set forth in NRS
244A.7645 .
3. If the governing body of a city transfers to the county
treasurer for deposit into the special revenue fund pursuant to this
section money generated from fees for business licenses which fees are
regulated by NRS 354.59881 to 354.59889 , inclusive, and the deposit of that money into the special
revenue fund would cause the unencumbered balance of the special revenue
fund to exceed the maximum allowable balance for the special revenue fund
set forth in NRS 244A.7645 , the
county treasurer shall refund to the governing body of the city that
amount of such money which, if so deposited, would cause the unencumbered
balance of the special revenue fund to exceed its maximum allowable
balance.
4. As used in this section:
(a) “Personal wireless service” has the meaning ascribed to it in
NRS 354.598816 .
(b) “Special revenue fund” means the special revenue fund created
pursuant to NRS 244A.7645 .
(Added to NRS by 2001, 2123 )
1. If a customer of a supplier of mobile telephone service
believes that the amount of a surcharge imposed pursuant to NRS 244A.7643
or the designation of a place of
primary use is incorrect, the customer may notify the supplier of mobile
telephone service in writing of the alleged error. The notice must
include:
(a) The street address for the place of primary use of the customer;
(b) The account number and name shown on the billing statement of
the account for which the customer alleges the error;
(c) A description of the alleged error; and
(d) Any other information which the supplier of mobile telephone
service may reasonably require to investigate the alleged error.
2. Within 60 days after receiving a notice sent pursuant to
subsection 1, the supplier of mobile telephone service shall review the
records that the supplier of mobile telephone service uses to determine
the place of primary use of its customers.
3. If the review indicates:
(a) That the alleged error exists, the supplier of mobile telephone
service shall correct the error and refund or credit the customer for the
amount which was erroneously collected for the applicable period, not to
exceed the 24 months immediately preceding the date on which the customer
notified the supplier of mobile telephone service of the alleged error.
(b) That no error exists, the supplier of mobile service shall
provide a written explanation to the customer who alleged the error.
4. A customer may not bring a cause of action against a supplier
of mobile telephone service for surcharges incorrectly imposed pursuant
to NRS 244A.7643 unless he first
complies with this section.
(Added to NRS by 2001, 1642 )
A
telephone company or supplier which collects the surcharge imposed
pursuant to NRS 244A.7643 is
entitled to retain an amount of the surcharge collected which is equal to
the cost to collect the surcharge.
(Added to NRS by 1995, 1057; A 1999, 1686 ; 2001, 621 )
TAXING DISTRICT TO PROVIDE TELEPHONE NUMBER FOR USE IN EMERGENCY
As used in NRS 244A.765 to 244A.777 , inclusive, unless the context otherwise
requires:
1. “Board” means the board of county commissioners.
2. “District” means a taxing district created to establish a
system to provide a telephone number to be used in an emergency.
3. “System” means the system to provide a telephone number to be
used in an emergency.
(Added to NRS by 1985, 953; A 1989, 266)
1. The board in any county whose population is 400,000 or more,
shall, by ordinance, create a taxing district to establish a system to
provide a telephone number to be used in an emergency if the question for
the funding of the system has been approved by the voters of that county.
2. The boundary of the district:
(a) Must be defined in the ordinance;
(b) May not include any part of an incorporated city unless the
governing body of the city petitions the board for inclusion in the
district; and
(c) May include only the area served by the system.
3. The board may delegate the operation of the system to a
metropolitan police department, if one has been established in the county.
(Added to NRS by 1985, 953; A 1989, 1906)
1. The board in any county whose population is less than 400,000
may submit to the voters of that county the question of whether a taxing
district to establish a system to provide a telephone number to be used
in an emergency should be created within the county. If the question is
approved, the board, by ordinance, must create such a district.
2. The boundary of a district created pursuant to subsection 1:
(a) Must be defined in the ordinance;
(b) May not include any part of an incorporated city unless the
governing body of the city petitions the board for inclusion in the
district; and
(c) May include only the area served by the system.
3. The board may delegate the operation of the system to a
metropolitan police department, if one has been established in the county.
(Added to NRS by 1989, 265; A 1989, 1936)
The system may include:
1. The automatic tracing of the telephone number and location from
which a telephone call is made and the transmission of that number or
location to the answering location of the system; and
2. Any other feature which enables the system to operate more
efficiently and effectively.
(Added to NRS by 1985, 953)
The system shall use 911 as the primary emergency
telephone number. The board or the metropolitan police department, if the
operation of the system has been delegated to it, may establish a second
telephone number to be used in an emergency in any political subdivision
participating in the system.
(Added to NRS by 1985, 953)
The board shall, upon the approval of the voters of the
county pursuant to NRS 244A.767 and
244A.768 , levy and collect, from year
to year, a tax ad valorem on all taxable property in the district. The
district is exempt from the limitation imposed by NRS 354.59811 .
(Added to NRS by 1985, 954; A 1989, 266, 2081, 2086)
1. The board shall determine annually the amount of money
necessary to pay the costs of acquiring, operating and maintaining the
system and shall fix a rate, not greater than one-half cent per $100 of
assessed valuation unless a different rate is established pursuant to
subsection 3, which, when levied upon every dollar of assessed valuation
of taxable property in the district will raise that amount.
2. If the operation of the system has been delegated to the
metropolitan police department, it shall submit to the board before April
1 of each year a budget for the operation of the system for the following
fiscal year. The board shall consider the budget of the department in
making its determination of the amount of money necessary to be raised by
taxation.
3. The maximum rate provided by subsection 1 for the levy of the
tax may be increased if the board so proposes to the registered voters of
the district, specifying the proposed rate, and the proposal is approved
by a majority of the voters voting on the question at a primary or
general election or a special election called for that purpose.
4. 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 county or to enable the board to
provide an essential service to the residents of the county.
5. The board shall levy and collect the tax upon the assessed
valuation of all taxable property in the district, in the same manner, at
the same time and in addition to other taxes levied by the board.
(Added to NRS by 1985, 954; A 1989, 266; 1993, 1038)
1. Any officer charged with the duty of collecting taxes shall
collect the taxes levied pursuant to NRS 244A.775 at the same time and in the same manner, and
with like interest and penalties, as other taxes are collected. When the
tax is collected, he shall pay it monthly to the county treasurer to the
credit of:
(a) The district; or
(b) The metropolitan police department if the operation of the
system has been delegated to it.
2. The tax levied pursuant to NRS 244A.765 to 244A.777 , inclusive, with any interest or penalties,
and the cost of collecting the unpaid tax, penalty or interest, are a
lien on the property until they are paid. The lien must be executed, and
has the same priority, as a lien for general taxes.
(Added to NRS by 1985, 954)
DISTRICT FOR THE SUPPORT OF PUBLIC PARKS
1. The board of county commissioners of a county whose population
is 400,000 or more may, by ordinance, create one or more districts within
the unincorporated area of the county for the support of public parks.
Such a district may include territory within the boundary of an
incorporated city if so provided by interlocal agreement between the
county and the city.
2. The ordinance creating a district must specify its boundaries.
The area included within the district may be contiguous or noncontiguous.
The boundaries set by the ordinance are not affected by later annexations
to or incorporation of a city.
3. The alteration of the boundaries of such a district may be
initiated by:
(a) A petition proposed unanimously by the owners of the property
which is located in the proposed area which was not previously included
in the district; or
(b) A resolution adopted by the board of county commissioners on
its own motion.
Ê If the board of county commissioners proposes on its own motion to
alter the boundaries of a district for the support of public parks, it
shall, at the next primary or general election, submit to the registered
voters who reside in the proposed area which was not previously included
in the district, the question of whether the boundaries of the district
shall be altered. If a majority of the voters approve the question, the
board shall, by ordinance, alter the boundaries of the district as
approved by the voters.
4. The sample ballot required to be mailed pursuant to NRS 293.565
must include for the question described
in subsection 3, a disclosure of any future increase or decrease in costs
which may be reasonably anticipated in relation to the purposes of the
district for the support of public parks and its probable effect on the
district’s tax rate.
(Added to NRS by 1993, 64; A 1993, 337; 1995, 152)
1. The board of county commissioners is ex officio the governing
body of a district for the support of public parks and may:
(a) Maintain or establish public parks within it;
(b) Employ personnel necessary to carry out that purpose; and
(c) Provide for the use of revenue received by the district,
including the use of personnel or contracts of the county or the city for
services within the boundary of a city, pursuant to interlocal agreement.
2. The board of county commissioners may hold meetings as the
governing body of the district in conjunction with its meetings as the
board of county commissioners without posting additional notices of the
meetings within the district.
3. All persons employed to perform the functions of a district are
employees of the county for all purposes.
(Added to NRS by 1993, 64)
1. The budget of a district for the support of public parks must
comply with the provisions of NRS 354.470 to 354.626 , inclusive, but need not be separately prepared and may be
included within the county budget. The district is not entitled to any
share of revenue from the supplemental city-county relief tax.
2. The governing body may submit to the registered voters of the
district at a primary or general election:
(a) A proposal to issue general obligation bonds of the district to
finance the acquisition, construction, equipment and improvement of one
or more park projects within the district, or outside the district if the
governing body finds that the park project will benefit the residents of
the district, but the amount of general obligation bonds or other
securities so issued may not exceed 10 percent of the assessed valuation
of the taxable property in the district. The ballot question for such a
proposal must contain the principal amount of the general obligation
bonds to be issued, the purpose of the issuance of the bonds and the
estimate established by the governing body of:
(1) The duration of the levy of property tax that will be
used to pay the general obligations; and
(2) The average annual increase, if any, in the amount of
property taxes that an owner of a new home with a fair market value of
$100,000 will pay for debt service on the general obligation bonds to be
issued.
(b) A proposal to levy a tax ad valorem pursuant to NRS 354.5982
for:
(1) Any of the purposes described in paragraph (a);
(2) Maintenance of public parks located within the district;
(3) Maintenance of public parks located outside the district
if the governing body finds that the parks benefit the residents of the
district; or
(4) Any combination of those purposes.
3. The ballot question for a proposal submitted to the registered
voters pursuant to paragraph (b) of subsection 2 must contain the rate of
the proposed additional property tax stated in dollars and cents per $100
assessed valuation, the purpose of the proposed additional property tax,
the duration of the proposed additional property tax and an estimate
established by the governing body of the increase in the amount of
property taxes that an owner of a new home with a fair market value of
$100,000 will pay per year as a result of the passage of the question.
4. As used in this section, “park project” has the meaning
ascribed to it in NRS 244A.039 .
5. If the proposal to issue bonds is approved by the voters, the
county may issue bonds of the district as provided in chapter 350 of NRS.
(Added to NRS by 1993, 64; A 1999, 1082 )
MINOR LEAGUE BASEBALL STADIUM PROJECT
As used in NRS 244A.800 to 244A.830 , inclusive:
1. “Department” means the Department of Taxation.
2. “Minor league baseball stadium project” has the meaning
ascribed to it in NRS 244A.0344 .
(Added to NRS by 2003, 2927 )
1. Except as otherwise provided in subsection 2, the board of
county commissioners of a county whose population is 100,000 or more but
less than 400,000 may by ordinance impose a fee upon the lease of a
passenger car by a short-term lessor in the county in the amount of not
more than 2 percent of the total amount for which the passenger car was
leased, excluding any taxes or other fees imposed by a governmental
entity.
2. The fee imposed pursuant to subsection 1 must not apply to
replacement vehicles. As used in this subsection, “replacement vehicle”
means a vehicle that is:
(a) Rented temporarily by or on behalf of a person or leased to a
person by a facility that repairs motor vehicles or a motor vehicle
dealer; and
(b) Used by the person in place of a motor vehicle owned by the
person that is unavailable for use because of mechanical breakdown,
repair, service, damage or loss as defined in the owner’s policy of
liability insurance for the motor vehicle.
3. Any proceeds of a fee imposed pursuant to this section which
are received by a county must be used solely to pay the costs to acquire,
improve, equip, operate and maintain within the county a minor league
baseball stadium project, or to pay the principal of, interest on or
other payments due with respect to bonds issued to pay such costs,
including bonds issued to refund bonds issued to pay such costs, or any
combination thereof.
4. The board of county commissioners shall not repeal or amend or
otherwise directly or indirectly modify an ordinance imposing a fee
pursuant to subsection 1 in such a manner as to impair any outstanding
bonds issued by or other obligations incurred by the county until all
obligations for which revenue from the ordinance have been pledged or
otherwise made payable from such revenue have been discharged in full or
provision for full payment and redemption has been made.
5. As used in this section, the words and terms defined in NRS
482.053 and 482.087 have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 2927 )
1. Any ordinance adopted pursuant to NRS 244A.810 must include a provision requiring the board
of county commissioners to enter into a contract before the effective
date of the ordinance with the Department to perform all functions
incident to the collection and administration of the fee in the county.
Such a contract must:
(a) Authorize the Department to retain 0.25 percent of the amount
of the proceeds of the fee to reimburse the Department for its expenses
in collecting and administering the fee; and
(b) Require the distribution of the remaining amount of the
proceeds of the fee to the county at such a time and in such a manner as
the parties determine, which must be not less frequently than once each
calendar quarter.
2. Any ordinance amending an ordinance adopted pursuant to NRS
244A.810 must include a provision in
substance that the county shall amend the contract made pursuant to
subsection 1 by a contract made between the county and the Department,
before the effective date of the amendatory ordinance, unless the county
determines with the written concurrence of the Department that no such
amendment of the contract is necessary or desirable.
(Added to NRS by 2003, 2928 )
1. A board of county commissioners that adopts an ordinance
imposing a fee pursuant to NRS 244A.810 shall create a stadium authority to operate
the minor league baseball stadium project. The stadium authority must
consist of:
(a) One member of the board of county commissioners appointed by
the board;
(b) One member from the governing body of each city in the county
whose population is 60,000 or more, appointed by that governing body; and
(c) If the stadium authority enters into an agreement with an AA or
AAA minor league baseball team pursuant to which the team agrees to play
its home games in the stadium, two persons appointed by the owner of the
team.
2. The members of the stadium authority serve at the pleasure of
the governmental entity or person who appointed them to serve in that
capacity.
3. The stadium authority shall:
(a) Be responsible for the normal operations of the minor league
baseball stadium project; and
(b) Enter into an agreement with the board of county commissioners
that sets forth the specific rights, obligations and duties of the
stadium authority regarding those operations.
(Added to NRS by 2003, 2928 )
PERFORMING ARTS CENTER
As used in this section and
NRS 244A.860 and 244A.870 , “Department” means the Department of
Taxation.
(Added to NRS by 2003, 20th Special Session, 294 )
1. Except as otherwise provided in subsection 2, the board of
county commissioners of a county whose population is 400,000 or more may
by ordinance impose a fee upon the lease of a passenger car by a
short-term lessor in the county in the amount of not more than 2 percent
of the total amount for which the passenger car was leased, excluding any
taxes or other fees imposed by a governmental entity.
2. The fee imposed pursuant to subsection 1 must not apply to
replacement vehicles. As used in this subsection, “replacement vehicle”
means a vehicle that is:
(a) Rented temporarily by or on behalf of a person or leased to a
person by a facility that repairs motor vehicles or a motor vehicle
dealer; and
(b) Used by the person in place of a motor vehicle owned by the
person that is unavailable for use because of mechanical breakdown,
repair, service, damage or loss as defined in the owner’s policy of
liability insurance for the motor vehicle.
3. After reimbursement of the Department pursuant to paragraph (a)
of subsection 1 of NRS 244A.870 for
its expense in collecting and administering a fee imposed pursuant to
this section, the remaining proceeds of the fee which are received by a
county must be used to pay the costs to acquire, improve, equip, operate
and maintain within the county a performing arts center, or to pay the
principal of, interest on or other payments due with respect to bonds
issued to pay those costs, including bonds issued to refund bonds issued
to pay those costs, or any combination thereof.
4. The board of county commissioners of a county that imposes the
fee authorized by subsection 1 may enter into a cooperative agreement
with another governmental entity in which the other governmental entity
agrees to receive the proceeds of the fee from the county if the
cooperative agreement includes a provision that requires the other
governmental entity to assume all responsibility for the operation of the
performing arts center and to use the proceeds of the fee it receives
from the county to pay the costs to acquire, improve, equip, operate and
maintain within the county a performing arts center, and to pay the
principal of, interest on or other payments due with respect to bonds
issued to pay those costs, including bonds issued to refund bonds issued
to pay those costs, or any combination thereof. A governmental entity
that enters into a cooperative agreement with the board of county
commissioners pursuant to this subsection may delegate to a nonprofit
organization one or more of the responsibilities that the governmental
entity assumed pursuant to the cooperative agreement, including, without
limitation, the acquisition, design, construction, improvement,
equipment, operation and maintenance of the center.
5. The board of county commissioners shall not repeal or amend or
otherwise directly or indirectly modify an ordinance imposing a fee
pursuant to subsection 1 in such a manner as to impair any outstanding
bonds issued by or other obligations incurred by the county until all
obligations for which revenue from the ordinance have been pledged or
otherwise made payable from such revenue have been discharged in full or
provision for full payment and redemption has been made.
6. A performing arts center to be acquired, improved, equipped,
operated and maintained pursuant to this section may, regardless of the
estimated cost of the center, be designed and constructed pursuant to a
contract with a design-build team in accordance with NRS 338.1711 to 338.1727 , inclusive.
7. As used in this section, the words and terms defined in NRS
482.053 and 482.087 have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 20th Special Session, 294 ; A 2005, 1360 )
1. Any ordinance adopted pursuant to NRS 244A.860 must include a provision requiring the board
of county commissioners to enter into a contract before the effective
date of the ordinance with the Department to perform all functions
incident to the collection and administration of the fee in the county.
Such a contract must:
(a) Authorize the Department to retain 0.10 percent of the amount
of the proceeds of the fee to reimburse the Department for its expenses
in collecting and administering the fee; and
(b) Require the distribution of the remaining amount of the
proceeds of the fee to the county at such a time and in such a manner as
the parties determine, which must be not less frequently than once each
calendar quarter.
2. Any ordinance amending an ordinance adopted pursuant to NRS
244A.860 must include a provision in
substance that the county shall amend the contract made pursuant to
subsection 1 by a contract made between the county and the Department,
before the effective date of the amendatory ordinance, unless the county
determines with the written concurrence of the Department that no such
amendment of the contract is necessary or desirable.
(Added to NRS by 2003, 20th Special Session, 295 )
