USA Statutes : nevada
Title : Title 25 - PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
Chapter : CHAPTER 309 - LOCAL IMPROVEMENT DISTRICTS
This chapter may be referred to in any
action, proceeding or legislative enactment as the Nevada Improvement
District Act.
[41:24:1928; NCL § 3495]
Whenever in this chapter any
notice is required to be given by publication, such provision shall be
satisfied by publishing the same in a weekly newspaper the same number of
times consecutively as the number of weeks mentioned in the requirement.
[40:24:1928; NCL § 3494]
ORGANIZATION OF DISTRICTS
No
district may be organized under the provisions of this chapter after May
1, 1967.
(Added to NRS by 1967, 1717)
1. A majority in number of the holders of title, or evidence of
title, to lands which will be benefited by the construction of power
plants and the distribution of electrical energy therefrom or the
construction of a sewer system or the construction or acquisition of a
water system, may propose the organization of a local improvement
district under the terms of this chapter; provided:
(a) The holders of title or evidence of title hold title or
evidence of title to at least one-half of the total area of the land in
the proposed local improvement district, and in computing the total area
in that proposed local improvement district, the public domain of the
United States of America must be excluded. The holder or holders of a
bona fide contract to purchase any land within the proposed district and
who have been in actual possession thereof at least 1 year under the
terms of that contract and whose names appear upon the next preceding
equalized county assessment roll for the payment of taxes on the land
shall be deemed the holder or holders of title thereto for all of the
purposes of this chapter.
(b) Any lands situate within the boundaries of any incorporated
city or irrigation district are not subject to the provisions of this
chapter.
2. The equalized county assessment roll next preceding the
presentation of a petition for the organization of a local improvement
district is sufficient evidence of title for the purpose of this chapter,
but other evidence may be received. The petitioners may determine in the
petition whether the proposed district will be divided into three, five
or seven divisions, and whether it will have three, five or seven
directors, but if no number is named in the petition the board of county
commissioners may determine whether the number will be three, five or
seven.
[1:24:1928; NCL § 3455]—(NRS A 1964, 11; 1987, 1719)
1. Whenever it is proposed to organize a local improvement
district, a petition shall first be presented to the board of county
commissioners of the county in which the lands or the greater portion
thereof are situated, signed by the required number possessing the
qualifications provided for in NRS 309.030 , which petition shall set forth and
particularly describe the proposed boundaries of such district and shall
designate the name of the proposed district which may be in substance as
follows: “................ County Electrical Improvement District No.
.....,” and shall pray that the same may be organized under the
provisions of this chapter.
2. The petitioners must accompany the petition with a good and
sufficient bond, to be approved by the board of county commissioners, in
double the amount of the probable cost of organizing such district,
conditioned that the bondsmen will pay all costs in case organization
shall not be effected.
3. Such petition shall be filed in the office of the county clerk
and a notice thereof shall be published by such county clerk, for at
least 2 weeks before the time at which the same is to be presented to the
board of county commissioners, in some newspaper printed and published in
the county where the petition is presented, which newspaper shall be
designated by the board of county commissioners as the paper most likely
to impart notice of the hearing of the petition; the notice to set forth
that the petition has been filed, the time of the meeting of the board of
county commissioners to consider the petition, and a description of the
territory to be embraced in such proposed district.
[2:24:1928; NCL § 3456]
1. When such a petition is presented, and it appears that the
notice of the presentation of the petition has been given and that the
petition has been signed by the requisite number of petitioners as
required by this chapter, the board of county commissioners shall hold a
hearing on the petition and may adjourn the hearing from time to time not
exceeding 3 weeks in all.
2. Contiguous or neighboring lands that may be benefited by the
proposed improvement, not included in the district as described in the
petition, may at the hearing, upon application of the holder or holders
of title or evidence of title thereto as prescribed in NRS 309.030 , be included in the district, and lands
described in the petition and lands in the district which may not be
benefited by the proposed improvement may, upon similar application, be
excluded therefrom, except that the board of county commissioners shall
not modify the boundaries described in the petition so as to change the
object of the petition or so as to exempt from the operation of this
chapter any land which is benefited by the proposed improvement.
3. In the hearing of any such petition the board of county
commissioners shall disregard any informalities contained in the petition
and if the board denies or dismisses the petition because the provisions
of this chapter have not been complied with, which are the only reasons
upon which it may refuse or dismiss the petition, it shall state its
reasons in writing therefor in detail, which must be entered upon its
records. If the reasons are not well founded, the district court of the
county shall issue a writ of mandamus, upon proper application therefor,
compelling the board of county commissioners to act in compliance with
this chapter. The writ must be heard within 20 days after the date of
issuance and that time must be excluded from the time given the board of
county commissioners to act upon the petition.
4. Upon the completion of the hearing, the board of county
commissioners shall forthwith make an order denying or granting the
prayer of the petition. If the petition is granted, the board of county
commissioners shall, in the order, define and establish the boundaries
and designate the name of the proposed district and divide the district
into three, five or seven divisions, as prescribed in the petition, as
nearly equal in size and number of owners as may be practicable.
Thereupon, the board of county commissioners shall, by further order
entered upon its record, submit to the qualified electors of the proposed
district at the next primary or general election the question of whether
the district shall be organized pursuant to the provisions of this
chapter, and by that order shall submit the names of one or more persons
from each of the divisions of the district to be voted for as directors
of the district. One director must be elected from each division by the
qualified electors of the district and must be a qualified elector of the
district and holder of title or evidence of title, as prescribed in NRS
309.030 , to land within the division
from which he is elected. Each division constitutes an election precinct
for the purposes of this chapter, except that after the organization of
the district the directors may divide a division into two or more
precincts and fix the polling places therein.
5. The board of county commissioners shall give notice of the
election and publish the notice for 2 weeks before the election in a
newspaper within the county where the petition is filed. The notice must
contain the words “Local Improvement District—Yes,” or “Local Improvement
District—No,” or words equivalent thereto, and the names of persons to be
voted for as directors.
6. The number of directors and the number of divisions of any
district organized pursuant to the laws of this state must not be altered
or changed except by a petition of a majority of the qualified electors
of the district and a majority of the directors. The record of the board
of county commissioners of the proceedings had and taken by it pursuant
to the provisions of this chapter is, in the absence of fraud, conclusive
evidence of the matters and things therein recited.
[3:24:1928; NCL § 3457]—(NRS A 1993, 1053)
The board of county
commissioners shall meet on the second Monday succeeding the election
provided for in NRS 309.050 and proceed
to canvass the votes and, if upon the canvass it appears that a majority
of votes cast were for “Local Improvement District—Yes,” the board, by an
order entered upon its minutes, shall declare the territory organized as
an improvement district under the name and style theretofore designated,
and declare the persons receiving respectively the highest number of
votes for directors to be elected, and cause a copy of the order and a
plat of the district, each certified by the clerk of the board of county
commissioners, to be recorded immediately in the office of the county
recorder of each county in which any portion of the district is situated,
and certified copies thereof must also be recorded with the county clerks
of those counties. Thereafter the organization of the district is
complete.
[4:24:1928; NCL § 3458]—(NRS A 1993, 1054; 2001, 1761 )
Any
district organized or purportedly organized pursuant to chapter 24,
Statutes of Nevada 1928, as amended, now cited as chapter 309 of NRS, has all of the powers granted by chapter 309
of NRS, notwithstanding that the district was
purportedly organized for less than all of the purposes specified in that
act, as so amended; but before a district originally organized for less
than all of the purposes specified in NRS 309.030 may be deemed a district organized for any
additional purpose or purposes thereunder, there must be filed with the
secretary of the board of directors of the district a petition signed by
all of the fee owners of property in the district specifically requesting
the extension, whereupon a resolution must be adopted by the board of
directors accepting the petition, declaring the extension of purposes and
at the board’s discretion changing the name of the district.
(Added to NRS by 1964, 12; A 1985, 270)
BOARDS OF DIRECTORS AND OFFICERS
1. The regular elections of local improvement districts must be
held in conjunction with each general election, and are the biennial
election of the district. The first such election may not be held sooner
than the second calendar year after the completion of the organization.
2. The office of director is a nonpartisan office. The general
election laws of this state govern the candidacy, nomination and election
of the directors of local improvement districts.
3. The directors elected at the organization election must be
selected by lot so that one, two or three directors, according to whether
there are in all three, five or seven on the board, hold office until
their successors are elected at the next regular election and qualify;
and two, three or four directors, as the case may be, hold office until
their successors are elected at the second regular election after
organization and qualify, and at the regular election biennially
thereafter directors shall be elected, to replace the directors whose
terms expire, for terms of 4 years, or until their successors are elected
and qualify. Directors so elected must have the qualifications prescribed
in this chapter for directors elected at the time of organization.
4. The secretary shall give notice of the election by publication,
and shall arrange such other details in connection therewith as the board
may direct.
[5:24:1928; NCL § 3459]—(NRS A 1963, 510; 1981, 192)
If no
nominations for the offices of directors be made as required by NRS
309.070 , no election need be held for
the election of directors for the next succeeding 2-year period, and in
such event the then existing board of directors shall hold over for such
succeeding 2-year period.
[5 1/2:24:1928; added 1935, 177; 1931 NCL § 3459.01]
The board of directors may direct
that no person shall be entitled to vote at a district election unless
such person executes an affidavit affirming that he or she has the
necessary qualifications to vote at such election.
[6:24:1928; NCL § 3460]—(NRS A 1963, 511; 1971, 426)
Within 10 days
after receiving the certificate of his election, each director shall take
and subscribe to an official oath and file the same with the secretary of
the board of directors. Each member of the board of directors shall
execute an official bond in the sum of $2,000, which shall be approved by
the judge of the district court in and for the county where such
organization is effected. Such bonds shall be recorded in the office of
the county recorder and filed with the secretary of the board.
[7:24:1928; NCL § 3461]—(NRS A 1963, 512)
1. Any person who is qualified to vote at general elections in
this state and who is a resident of the district or who is a bona fide
holder of title or evidence of title, as defined in NRS 309.030 , to land situated in the district shall be
entitled to one vote at any election held under the provisions of this
chapter, and shall be held to be referred to whenever the words “elector”
or “electors” are used herein.
2. Any elector residing outside of the district holding land in
the district and qualified to vote at district elections shall be
considered as a resident of that division and precinct of the district in
which the major portion of his lands are located, for the purpose of
determining his place of voting and qualifications for holding office.
3. Any elector residing within the district boundaries shall be
deemed a resident of the division in which he actually resides for the
purpose of determining his qualifications for voting and holding office.
4. A guardian, executor or administrator shall be considered as
the holder of title or evidence of title, as prescribed in NRS 309.030
, to the land in the estate for which he
is such guardian, executor or administrator, and shall have the right to
sign petitions, vote and do all things that any elector may or can do
under this chapter.
5. Corporations holding land in the district shall be considered
as persons entitled to exercise all the rights of natural persons, and
the president of the corporation, or other person duly authorized by the
president or vice president, in writing, may sign any petition authorized
by this chapter and cast the vote of the corporation at any election.
[8:24:1928; NCL § 3462]—(NRS A 1971, 426)
1. The officers of such district shall consist of three, five or
seven directors as aforesaid, a president and a vice president elected
from their number, a secretary and a treasurer. The board may also
appoint an assistant secretary who shall exercise such powers and perform
such duties of the secretary as may be designated by the board of
directors, except that such assistant secretary shall not be invested
with authority to sign on behalf of the secretary any bonds of the
district. The secretary and treasurer shall be appointed by the board of
directors and may or may not be members of the board. Such officers shall
serve at the will of the board. One person may be appointed to serve as
secretary and treasurer.
2. The directors immediately upon their election and qualification
shall meet and organize. The board of directors shall designate some
place within the county where the organization of the district was
effected as the office of the board, and the board shall hold a regular
monthly meeting in its office on such day of the month as that fixed upon
by resolution duly entered upon the minutes, and when the time for such a
monthly meeting has been fixed, it cannot again be changed for 12 months,
and it can only be changed by resolution passed at least 2 months prior
to the time such change will take effect and upon publication in a
newspaper of general circulation in the district for at least 2 weeks
prior to such change. Should the regular meeting day fall upon a
nonjudicial day, such meeting must be held on the first judicial day
thereafter.
3. The board of directors shall hold such special meetings as
shall be required for the purpose of transaction of business, but all
special meetings must be called by the president or a majority of the
board. The order calling such special meeting must be entered on the
record, and the secretary shall give each member not joining in the order
3 days’ notice of such special meeting. The order must specify the
business to be transacted at such special meeting, and none other than
that specified shall be transacted.
4. Whenever all members of the board are present at a meeting, the
same shall be deemed a legal meeting and any lawful business may be
transacted. All meetings of the board must be public and a majority of
the members constitutes a quorum for the transaction of business, but on
all questions requiring a vote there must be an affirmative vote of at
least a majority of all the members of the board.
5. All records of the board must be open to the inspection of any
elector during business hours.
6. At the regular monthly meeting in January next following their
elections, the board of directors shall meet and organize and elect a
president and vice president and appoint a secretary and treasurer. The
appointees aforesaid shall file bonds, which must be approved by the
board, for the faithful performance of their duties.
7. Any vacancies in the offices of directors must be filled from
the division in which the vacancy occurs by the remaining members of the
board. A director appointed to fill a vacancy, as above provided, shall
hold his office until the next biennial election and until his successor
is elected and qualified.
[9:24:1928; NCL § 3463]—(NRS A 1971, 427; 2001, 1127 )
1. The board of directors may:
(a) Manage and conduct the business and affairs of the district.
(b) Make and execute all necessary contracts.
(c) Employ and appoint such agents, officers and employees,
delegates to conventions, or other representatives in the interest of the
district as may be required and prescribe their duties and remunerations.
(d) Establish bylaws, rules and regulations for the district. The
bylaws, rules and regulations must be printed in convenient form for
distribution throughout the district.
2. The board and its agents and employees may enter upon any land
to make surveys and may locate the necessary works on any lands which may
be deemed best for such a location.
3. The board may:
(a) Acquire by purchase, condemnation or other legal means, all
lands, rights and other property necessary for the construction, use and
supply, operation, maintenance, repair and improvement of the works of
the district, including canals and works constructed and being
constructed by private owners, lands for reservoirs for the storage of
water, and all other works and appurtenances, within or without the State
of Nevada. In case of purchase of property the bonds of the district
hereinafter provided for may be used in payment of not less than 90
percent of their par value and accrued interest.
(b) Acquire or contract for the delivery of electric power and
electric power or transmission lines, except that the board shall not
acquire or contract for the construction or acquisition of electric power
or transmission lines at a cost exceeding the sum of $15,000 without
first receiving the approval of the voters at a special election,
district election or primary state election as provided in this chapter.
4. The board may do any lawful act necessary to be done to
accomplish the things and purposes described in this section.
5. The collection, storage, conveyance, distribution and use of
water by or through the works of improvement districts hereafter
organized, together with the rights-of-way for sewers, sites for
reservoirs, electric power and transmission lines, and all other works
and property required to carry out fully the provisions of this chapter,
are hereby declared to be a public use.
6. The board of directors may change the boundaries of one or more
divisions of the district to equalize more nearly the number of electors
in the respective divisions, whenever in the opinion of the board, it is
advisable to so do, except that no new lands may be included within the
district boundaries, and lands within the district boundaries and lands
within the district must not be excluded by such a change of boundaries,
except as otherwise provided in this chapter. The change of division
boundaries is effective when a certified copy of a resolution making that
change, attached to a copy of a map or plat of the district delineating
the new division boundary lines, both being certified as correct by the
secretary of the district, is filed in the office of the county recorder
of the county in which the division whose boundaries have been so changed
is situate.
7. The board may institute, maintain and defend, in the name of
the district, all actions and proceedings, suits at law and in equity.
[10:24:1928; NCL § 3464] + [11:24:1928; NCL § 3465]—(NRS A 1993,
1055)
1. For the purposes of NRS 309.130 , 309.170 ,
309.180 , 309.230 , 309.330 ,
309.333 and 309.390 , a special election may be held only if the
board of directors of a local improvement district determines, by a
unanimous vote, that an emergency exists.
2. 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.
3. As used in this section, “emergency” means any unexpected
occurrence or combination of occurrences which requires immediate action
by the board to prevent or mitigate a substantial financial loss to the
district or to enable the board to provide an essential service to the
residents of the district.
(Added to NRS by 1993, 1052)
1. The members of the board of directors shall each receive $5 per
day and actual traveling expenses for each day spent attending meetings
of the board or while engaged in official business under the order of the
board.
2. The board shall fix the compensation to be paid to the other
officers named in this chapter; but the board shall, upon the petition of
a majority of the electors within such district, submit to the electors
at any general election of the district a schedule of salaries and fees
to be paid the directors and officers thereof. Such petitions shall be
presented to the board 20 days prior to such general election, and a
schedule of salaries and fees submitted upon a two-thirds vote therefor
shall be put into effect upon the first of the month next ensuing.
[12:24:1928; NCL § 3466]
1. All directors and other officers named in this chapter are
prohibited from being directly or indirectly interested in any contract
awarded by the board or in the profits to be derived from the contract.
2. For any violation of this section the director or officer is
guilty of a gross misdemeanor, and shall forfeit his office.
(Added to NRS by 1977, 1111)
FINANCES AND BONDS
For the purpose of organization, the board of directors (in
this chapter sometimes merely designated “the board”) may at any time
incur an indebtedness not exceeding in the aggregate the sum of $5,000,
nor in any event to exceed $1 per acre, and may cause warrants of the
district to issue therefor, bearing interest at a rate or rates which do
not exceed by more than 3 percent the Index of Twenty Bonds which was
most recently published before the bids are received or a negotiated
offer is accepted, and the board may levy an assessment of not more than
$1 per acre on all lands in the district for the payment of such
expenses. Thereafter, the board may levy an assessment, annually, in the
absence of assessments therefor under any of the other provisions of this
chapter, of not more than 20 cents per acre on all lands in the district
for the payment of the ordinary and current expenses of the district,
including the salaries of officers and other incidental expenses. Such
assessments must be collected as provided in this chapter for the
collection of other assessments.
[14:24:1928; NCL § 3468]—(NRS A 1959, 98; 1964, 12; 1971, 2106;
1975, 852; 1981, 492, 1413; 1983, 582)
1. As soon as practicable after the organization of a district,
the board of directors shall, by a resolution entered on its records,
formulate a general plan of its proposed operations in which it shall
state what constructed works or other property it proposes to purchase
and the cost of purchasing the property and what construction work it
proposes to do, and how it proposes to raise the money for carrying out
the general plan. The board shall cause such surveys and examinations to
be made as will furnish a proper basis for an estimate of the cost of
carrying out the construction work. All such surveys, examinations, maps,
plans and estimates must be made under the direction of a competent
engineer and certified by him. Upon receiving his report the board shall
proceed to determine the amount of money necessary to be raised for the
purchase of property and the construction of works. The board shall, at a
special election or the next district election or primary state election,
submit to the electors of the district possessing the qualifications
prescribed by this chapter the question of whether the expense shall be
authorized and whether by bond issue or otherwise.
2. Notice of the election must specify the time of holding the
election, the amount of bonds proposed to be issued and a statement that
such plans and estimates as have been made are on file for inspection by
the electors of the district at the office of the board.
3. The election must be held and the result thereof determined and
declared in all respects as nearly as practicable in conformity with the
provisions of this chapter governing the election of officers, and no
informalities in conducting the election will invalidate the election if
it was otherwise fairly conducted.
4. At the election the ballot must contain the words
“................ (Question) Yes,” or “................ (Question) No,”
or words equivalent thereto. If two-thirds or more of the votes cast are
“Yes,” the board of directors may incur the expense, and, if a bond issue
is authorized, shall cause bonds in the amount authorized to be issued.
If more than one-third of the votes cast at any bond election are “No,”
the result of the election must be so declared and entered of record.
Thereafter, whenever the board in its judgment deems it in the best
interest of the district that the question of the issuance of bonds in
such amount, or in any other amount, be submitted to the electors it
shall so declare of record in its minutes, and may thereupon submit that
question to the electors in the same manner and with like effect as the
previous election, but no question may be resubmitted to the electors
within 1 year after the question has been voted upon and rejected.
[15:24:1928; NCL § 3469]—(NRS A 1993, 1056)
1. The bonds authorized by vote must be designated as a series,
and the series must be numbered consecutively as authorized. The portion
of the bonds of the series authorized to be sold at any time must be
designated as an issue and each issue must be numbered in its order. The
bonds of that issue must be numbered consecutively commencing with those
earliest falling due. They must be negotiable in form and payable in
money of the United States and in such amounts and maturing at such time
or times, not exceeding 20 years, as the board of directors may
prescribe. Interest coupons must be attached thereto, and all bonds and
coupons must be dated on January 1 or July 1 next following the date of
their authorization. The bonds must bear interest at a rate which does
not exceed by more than 3 percent the Index of Twenty Bonds which was
most recently published before the bids are received or a negotiated
offer is accepted, payable semiannually on January 1 and July 1 of each
year. The principal and interest must be payable at the place designated
therein. Each bond must be of a denomination of not less than $100 nor
more than $1,000, and must be signed by the president and secretary, and
the seal of the district affixed thereto. Coupons attached to each bond
must be signed by the secretary. The bonds must express on their face
that they were issued by the authority of this chapter, naming it, and
must also state the number of the issue of which the bonds are a part.
The secretary and the treasurer shall each keep a record of the bonds
sold, their number, the date of sale, the price received and the name of
the purchaser.
2. In case the money raised by the sale of all the bonds is
insufficient for the completion of the plans and works adopted, and
additional bonds are not voted, the board of directors shall provide for
the completion of the plan by levy or assessment, except that when the
money obtained by any previous issue of bonds has become exhausted by
expenditures authorized by this chapter, and it becomes necessary to
raise additional money to carry out the adopted plan, additional bonds
may be issued if authorized by the electors of the district at a special
election for that purpose or a district election or primary state
election. The election must be conducted in accordance with the
provisions of this chapter with respect to an original issue of bonds.
3. The lien for taxes for the payment of interest and principal of
any bond series is a prior lien to that of any subsequent bond series.
The time for the issuance and maturity of the bonds and the manner of
their payment may be otherwise determined and directed if submitted to a
vote by the electors of the district at the election authorizing the
bonds.
[16:24:1928; NCL § 3470]—(NRS A 1959, 99; 1971, 2107; 1975, 852;
1981, 492, 1413; 1983, 582; 1993, 1057)
1. Whenever the electors shall have authorized an issue of bonds,
as hereinbefore provided, the board of directors shall examine the land
in the district, and shall determine the benefits which will accrue to
each tract or subdivision from the construction or purchase of the works
proposed for the district; and the cost of such works shall be
apportioned or distributed over such tracts or subdivisions of land in
proportion to such benefits.
2. The board shall make or cause to be made a list of such
apportionment or distribution, which list shall contain a complete
description of each subdivision or tract of land of such district with
the amount and rate per acre of such apportionment or distribution, and
the name of the owner thereof, or it may prepare a map on a convenient
scale showing each of the subdivisions or tracts with the rate per acre
of such apportionment entered thereon; but where all or any portion of
the lands are apportioned a benefit by the board at the same rate, a
general statement to that effect shall be sufficient.
3. Whenever thereafter an assessment is made, either in lieu of
bonds, or an annual assessment for raising the interest on bonds, or any
portion of the principal, or the expenses of maintaining the property of
the district, or any special assessment voted by the electors, it shall
be spread upon the lands in the same proportion as the assessments of
benefits, and the whole amount of the assessments of benefits shall equal
the amount of bonds or other obligations authorized at the election last
above mentioned.
[17:24:1928; NCL § 3471]
1. Before final action upon the apportionment of benefits provided
for in NRS 309.190 , the board shall
publish notice for 2 weeks in a newspaper published in the county in
which the organization was effected that it will meet at its office on
the day stated in the notice for the purpose of reviewing such
apportionment of benefits.
2. At such meeting the board shall proceed to hear all parties
interested who may appear, and it shall continue in session from day to
day until the apportionment is completed. It shall hear and receive all
evidence offered, including any maps or surveys which any owners of lands
may produce, and may classify the lands in such a way that the assessment
when completed shall be just and equitable.
3. Any person interested who shall fail to appear before the board
shall not be permitted thereafter to contest the apportionment, or any
assessment thereunder, except upon a special application to the court in
the proceeding for confirmation of the apportionment, showing reasonable
excuse for failing to appear before the board.
4. In case any elector makes objection to the apportionment before
the board and the objection is overruled and such elector does not
consent to the apportionment as finally determined, such objection shall,
without further proceedings, be heard at the confirmation proceedings
herein provided for.
[18:24:1928; NCL § 3472]
1. The board of directors of the district shall file with the
clerk of the district court in and for the county in which its office is
situated, a petition praying in effect that the proceedings aforesaid be
examined, approved and confirmed by the court. The petition shall state
generally that the improvement district was duly organized and the first
board of directors elected, that due and legal proceedings were taken to
issue bonds, stating the amount thereof, and that an apportionment of
benefits was made by the board and a list thereof duly filed according to
law. A list of the apportionment shall be attached to the petition, but
the petition need not state other facts. Such petition for confirmation
of the proceedings thus far had may be filed after the organization of
the district is complete, or after the authorization of any issue of
bonds, or after any other undertaking of the district.
2. The court or judge shall fix the time and place for the hearing
of any such petition, and the clerk shall publish a notice thereof for 2
consecutive weeks in a newspaper published in the county. Any person
interested may on or before the day fixed for the hearing answer the
petition. None of the pleadings need be sworn to, and every material
statement of the petition not controverted by answer shall be taken as
true. A failure to answer the petition shall be deemed to be an admission
of the material allegations thereof.
3. The rules of pleading and practice provided by the Nevada Rules
of Civil Procedure and NRS shall be followed so far as applicable.
[19:24:1928; NCL § 3473]
1. Upon the hearing of such petition, the court shall examine all
the proceedings sought to be confirmed and may ratify, approve and
confirm the petition or any part thereof, and when an apportionment of
benefits is examined, all objections thereto, including those made at the
hearing before the board, must be set up in the answer and heard by the
court.
2. The court shall disregard every error, irregularity or omission
which does not affect substantial rights of any party, and if the court
finds that the apportionment is, as to any substantial matter, erroneous
or unjust, the apportionment must not be returned to the board, but the
court shall proceed to correct the apportionment so as to conform to this
chapter and the rights of all parties in the premises, and the final
judgment may approve and confirm the proceedings in whole or in part.
3. A certified copy of the final judgment must be filed in the
Office of the State Engineer and recorded in the office of the recorder
of the county or counties in which any of the lands within the district
are situated. In case of the approval of the organization of the district
and the disapproval of the proceedings for issuing bonds, the district
may again undertake proceedings for the issuance of bonds and have the
bonds confirmed as provided in this section.
4. The cost of the proceedings in court may be allowed and
apportioned among the parties thereto in the discretion of the court.
5. Any person aggrieved at any decree of confirmation entered by
the district court may move for a new trial as provided by the Nevada
Rules of Civil Procedure and may, within 30 days after the entry of the
decree of confirmation, appeal to the Supreme Court, and all proceedings
in the nature of appeals or rehearings may be had as in any ordinary
civil action, except as otherwise provided in this section.
[20:24:1928; NCL § 3474]—(NRS A 2001, 1761 )
1. The board may sell bonds from time to time in such quantities
as may be necessary and most advantageous to raise money for the
construction of works and the acquisition of property and rights and to
carry out the objects and purposes of this chapter.
2. Before making any sale the board shall by resolution declare
its intention to sell a specific number and amount of bonds, and if the
bonds can be sold at par with accrued interest, they may be disposed of
without advertising. If the bonds cannot be sold at par with accrued
interest, notice must be published for 3 weeks in a newspaper in the
county in which the office of the district is situated, and in such other
newspaper in or outside of the State as the board may deem expedient,
that sealed proposals will be received at its office on or before a day
and hour set in the notice for the purchase of the bonds.
3. At the time appointed, the board shall publicly open the
proposals and sell the bonds to the highest responsible bidder or it may
reject all bids. If no bids are received or no award is made, the board
thereafter may readvertise the bonds or any part thereof for sale or sell
the bonds or any part thereof at private sale, upon any terms not
inconsistent with the other provisions of this chapter. In no event may
the board sell any of the bonds for less than 90 percent of the par value
thereof and accrued interest.
4. The board may use any bonds of the district which have been
offered for sale at public sale and remain unsold in payment for the
construction of canals, storage reservoirs, or other works of the
district, without the necessity of calling for bids for the construction,
and may enter into contracts providing for the payment of the
construction in bonds, which contracts may provide for the payment of a
fixed contract price, or the cost of the construction plus a fixed
percentage thereof, or the cost of the construction plus a fixed sum, in
the discretion of the board, but 90 percent of their par value and
interest accrued thereon is the minimum price at which the bonds may be
used in payment for the construction.
5. If for any reason the bonds of a district cannot be sold, or,
if at any time it shall be deemed in the best interests of the district
to withdraw from sale all or any portion of an authorized bond issue, the
board of directors may cancel the bonds and levy an assessment in the
amount of the bonds cancelled. The revenue derived from the assessments
must be employed for the same purpose as was contemplated by the bond
authorization, but no levy may be made to pay for work or material,
payment for which was contemplated by bonds which have been authorized,
until bonds to the amount of the assessments have been cancelled.
Assessments made in lieu of bonds cancelled must be collected in the same
manner and have the same effect as other assessments levied pursuant to
the provisions of this chapter, except that such an assessment must not
during any 1 year exceed 10 percent of the total bond issue authorized by
the district, unless a greater assessment is authorized by a majority
vote of the qualified electors of the district voting at a special
election called for that purpose or district election or primary state
election.
[21:24:1928; NCL § 3475]—(NRS A 1959, 100; 1981, 493, 959; 1993,
1057)
Bonds and the interest
thereon shall be paid by revenue derived from the annual assessment upon
the lands in the district; and all the land in the district shall be and
remain liable to be assessed for such payment in accord with the
apportionment of benefits as provided in this chapter.
[22:24:1928; NCL § 3476]
1. The following funds, to which the money properly belonging must
be apportioned, are hereby created and established.
(a) Construction fund. Money accruing from the sale of bonds and
from any assessments levied for the direct payment of cost of
construction, purchase of property, or other undertakings for which bonds
may be issued, must be deposited and kept in the construction fund.
Whenever all construction work is completed, any money remaining in the
construction fund may be transferred to the general fund.
(b) Debt service fund. Money accruing from assessments levied for
the payment of interest and principal on bonds must be deposited and kept
in the debt service fund. Surplus money in the debt service fund may be
placed at interest or invested in bills, notes, certificates of
indebtedness, bonds or other similar securities which are direct
obligations of the United States or which are unconditionally guaranteed
as to payment, both of principal and of interest, by the United States,
or in approved interest-bearing securities of other issuers.
(c) General fund. The general fund may be divided into general and
operation and maintenance, as the board may direct. All other money,
including that realized from assessments, or, as the case may be, from
tolls and charges levied or imposed for defraying the organization and
current expense of the district, and expenses and cost of the care,
operation, maintenance, management, repair and necessary current
improvement or replacement of existing works and property, including
salaries and wages of officers and employees and other proper incidental
expenditures, must be deposited and kept in the general fund or operation
and maintenance fund as the board of directors may designate.
2. The board of directors may make temporary transfers from the
general fund to the construction fund and from the construction fund to
the general fund, but no such transfer may be made from the debt service
fund.
3. The treasurer of the district shall receive and receipt for and
collect the money accruing to the several funds named in this section and
place the money to the credit of the district in the appropriate fund.
The treasurer is responsible upon his official bond for the safekeeping
and disbursement of the money in the funds. Interest coupons must be paid
by him as provided in this chapter. The board may establish rules and
regulations and prescribe the conditions under which the treasurer may
make disbursements from the general fund, but no other payments from any
of the funds named in this section may be made by the treasurer except
upon vouchers signed by the president and secretary, authorized by order
of the board. The county treasurer or treasurers who are required by this
chapter to collect assessments levied by the district may turn over to
the treasurer of the district all money so collected and take his receipt
therefor. The district treasurer shall report to the board in writing on
the first Monday in each month the amount of money in the several funds
and the amounts received and paid out in the preceding month, and the
treasurer shall make such other report and accounting as the board may
require. Such reports must be verified and filed with the secretary of
the board.
[23:24:1928; NCL § 3477]—(NRS A 1959, 101; 1965, 740; 1981, 494)
1. The treasurer, upon the presentation of interest coupons when
due, shall pay the same from the debt service fund.
2. Whenever, after 10 years from the issuance of bonds, the fund
shall amount to the sum of $10,000, the board of directors may direct the
treasurer to buy such an amount of the bonds not due as the money in the
fund will redeem at the lowest value at which they may be offered for
liquidation, after advertising once a week for at least 3 weeks in some
newspaper published in the county in which the office of the district is
located, and in such other newspapers as the board may deem advisable,
for sealed proposals for the redemption of such bonds. Such proposals
shall be opened by the board in open meeting at a time to be named in the
notice, and the lowest bid or bids shall be redeemed at a rate above par.
In case two or more bids are equal, the lowest numbered bond shall have
the preference, and if any of the bonds are not so redeemed, that amount
of the redemption money shall be invested by the treasurer under the
direction of the board in bills, notes, certificates of indebtedness,
bonds or other similar securities which are the direct obligations of the
United States or which are unconditionally guaranteed as to payment, both
of principal and of interest, by the United States, or in the bonds or
warrants of the State or in municipal or school bonds, and such
securities and the proceeds therefrom shall belong to the debt service
fund.
[24:24:1928; NCL § 3478]—(NRS A 1965, 741)
The board of directors of each improvement
district or the secretary thereof shall at any time allow any member of
the board of county commissioners, when acting under the order of such
board, to have access to all books, records and vouchers of the district
which are in the possession or control of the board of directors or the
secretary.
[39:24:1928; NCL § 3493]
ASSESSMENTS
The
secretary of the board of directors shall be the assessor of the
district, and on or before January 1 of each year shall prepare an
assessment book containing a full and accurate list and description of
all the land of the district, and a list of the persons who own, claim or
have possession or control thereof during the year, giving the number of
acres listed to each person. If the name of the person owning, claiming,
possessing or controlling any tract of land is not known, it shall be
listed to “unknown owner.”
[25:24:1928; NCL § 3479]—(NRS A 1971, 428)
The
board shall meet at its regular monthly meeting in February of each year
to correct assessments and may at such meeting correct assessments so as
to conform with the benefits apportioned as herein provided for to pay
obligations incurred or make up deficiencies arising from any source, and
also to apportion and distribute benefits and assessments by reason of
additional land in the district becoming subject thereto, and the
secretary shall publish notice of such meeting for 2 weeks in a newspaper
published in the county in which the district was organized. In the
meantime the assessment book or books shall remain in the office of the
secretary for the inspection of all parties interested. The board of
directors, which is hereby constituted a board of correction for the
purpose, shall meet and continue from day to day as long as may be
necessary, not to exceed 5 days, exclusive of holidays, and may make such
changes in the assessment book or books as may be necessary to have it
conform to the facts. Within 10 days after the close of the season the
secretary of the board shall have the corrected assessment book or books
completed.
[26:24:1928; NCL § 3480]—(NRS A 1971, 428)
1. At its regular meeting in January the board of directors shall
fix the rate and levy an assessment upon the lands in the district, in
accordance with the provisions of this chapter, which levy and assessment
must be sufficient to raise the annual interest on the outstanding bonds
or any contractual obligation. The board must increase the assessment in
such amount as may be necessary from year to year to raise a sum
sufficient to pay the principal of any outstanding contractual
obligation, as the principal may be required to be paid under the terms
of the contract. The board may levy a tax upon the lands in the district
either upon the same pro rata basis as benefits may have been
apportioned, or otherwise, as the case may be, in order to secure such
funds as may be deemed necessary to replace any deficit that may occur in
a fund created for the repayment of a district obligation by reason of
tax delinquencies. The secretary of the board shall compute and enter in
a separate column of the assessment book or books the respective sums to
be paid as an assessment on the property therein enumerated. Except as
otherwise provided in this section, assessments made for any of the other
purposes of this chapter must be made and levied as above provided and
entered in appropriate columns of the assessment book or books.
2. In case of failure or refusal of the board of directors to levy
an assessment as in this section provided, then, in the event such
assessment has not otherwise been levied, the board of county
commissioners of the county in which the office of the district is
located shall levy such an assessment at its next regular meeting, or at
a special meeting called for that purpose. The district attorney of the
county in which the office of any improvement district is located, at the
time an assessment should be made, shall ascertain the fact in respect to
the assessment, and, if the assessment has not been made by the board of
directors as required, shall immediately notify the board of county
commissioners and the Attorney General in respect to such failure. The
district attorney and the Attorney General shall aid in obtaining the
earliest possible assessment following such failure or refusal of the
district board to act. Where the last preceding assessment made will
raise a sufficient revenue for the purposes of this section, in the event
no other assessment is made, that assessment shall be deemed to have been
levied for succeeding years, so long as it will produce the revenue
required, and the taxes must be collected in the same manner, and all
officers shall perform the same duties in respect thereto, as though that
assessment had been made for the particular year by the board of
directors of the district. Where the assessment which should have been
levied can be determined by a mere mathematical computation based on the
relation between the amount to be raised for interest or interest and the
redemption of bonds for any particular year and the apportionment of
benefits in the district, the assessment shall be deemed to have been
made, and the taxes based thereon must be collected the same as though
the assessment had been regularly levied by the board of directors of the
district.
[27:24:1928; NCL § 3481]—(NRS A 1959, 102; 1971, 428; 1981, 495)
An
assessment is a lien against the property assessed from and after the
time such assessment is made. The lien of the bonds of any series shall
be a preferred lien to that of any subsequent series, and such lien is
not removed until the assessments are paid or the property sold for the
payment thereof.
[28:24:1928; NCL § 3482]
1. An assessment book shall be made up for the lands in each
county in which the district is situated and the secretary of the board
of directors shall forthwith certify the same not later than April 15 of
each year to the county auditor, or county auditors, as the case may be,
who shall enter such assessments in the tax rolls of such county or
counties. The assessments when levied and enrolled shall become due and
delinquent at the same time and be subject to the same penalties and
shall be collected by the same officers and in the same manner as state
and county taxes. The county auditor, district attorney, clerk and
treasurer shall do and perform all acts necessary to accomplish the
collection of the same with penalties and the sale for delinquency and
redemption of the lands involved. The secretary of the board of
directors, at the time of delivering the assessment roll of the district
to each county auditor, shall attach thereto in some suitable form a
recapitulation list showing the name or names of each person, corporation
or association listed in the assessment roll and the amount of money
assessed and to be collected by the county treasurer or tax collector,
which recapitulation list shall be delivered by the county auditor to the
county treasurer, together with the assessment roll. The county treasurer
shall insert after each name, in a proper column provided for that
purpose, the amount paid by each person, corporation or association
appearing on the assessment roll, or by stamping the word “Paid” after
each sum if the assessment is paid in full. The recapitulation list shall
be redelivered by the county treasurer to the district treasurer,
together with the full amount of moneys collected, not later than 30 days
after the delinquent due date to the county recorder of such moneys. The
county treasurer shall also include in a report to the district treasurer
the amount of any delinquent taxes collected, including the names of the
persons paying the same and the years for which paid.
2. Moneys collected by the county treasurer on behalf of the
district shall be paid over to the district in the same manner as are
general (ad valorem) taxes collected by the county on behalf of the
district or a like public entity.
[29:24:1928; NCL § 3483]—(NRS A 1971, 429)
1. The board of directors of a district may at any time when
deemed advisable submit to the qualified electors of the district at a
special election, district election or primary state election the
question whether a special assessment shall be levied to raise money to
be applied to any of the purposes provided in this chapter.
2. The election must be held and the result thereof determined and
declared in all respects in conformity with the provisions of this
chapter in respect to bond elections. The notice must specify the amount
of money proposed to be raised and the purpose for which it is intended
to be used, and whether an equal rate of assessment or a special
apportionment of benefits is to be made in that relation if either is
proposed.
3. At the election the ballots must contain the words
“Assessment—Yes,” or “Assessment—No.” If two-thirds or more of the votes
cast are “Assessment—Yes,” the board shall immediately proceed to
apportion the benefits, if that apportionment is to be made, and to levy
an assessment sufficient to raise the amount voted. The assessment so
levied must be entered in the assessment book or books by the secretary
of the board and collected in the same manner as other assessments
provided for in this chapter and when received by the treasurer of the
district must be deposited and kept in the construction fund.
4. At the election there may be submitted the proposition of
authorizing the board of directors to levy each year for a stated number
of years assessments not exceeding a stated amount per acre to provide a
fund from which repairs may be made and replacement and extensions of
existing works may be constructed and paid for as the necessity for
repairs and construction arise. In such case if a general description of
the proposed undertaking is provided, no plans and specifications are
required to be provided in advance. If the proposition is approved by
two-thirds of the electors, the board may levy that assessment and it
must be collected as are other assessments under this chapter. Money
realized from those assessments must be deposited and kept in the general
fund and disbursed by the treasurer in accordance with the direction of
the board or rules and regulations established by it.
[38:24:1928; NCL § 3492]—(NRS A 1993, 1058)
GENERAL OBLIGATION FINANCING
Any district heretofore or hereafter organized
pursuant to the provisions of this chapter shall have the power to borrow
money either as a general obligation of the district or as a special
obligation of the district, to evidence the same and to apply the
proceeds thereof as hereinafter provided in NRS 309.332 to 309.339 ,
inclusive. NRS 309.332 to 309.339
, inclusive, without reference to other
parts of this chapter (except as otherwise expressly provided in NRS
309.332 to 309.339 , inclusive), shall constitute full authority
for the exercise of the powers therein granted and shall be deemed to
constitute a mode of financing and making improvements additional to and
separate from all other methods and procedures. Without limiting the
generality of the foregoing, such financing shall take place without
adherence to the following provisions: NRS 309.050 to 309.110 ,
inclusive; subsection 3 of NRS 309.130 ;
and NRS 309.170 to 309.330 , inclusive.
(Added to NRS by 1964, 13; A 1971, 430)
1. To carry out the purposes of this chapter, the board may issue
the following types of securities:
(a) Short-term notes, warrants and interim debentures;
(b) General obligation bonds and other general obligation
securities payable from general (ad valorem) property taxes;
(c) General obligation bonds and other general obligation
securities payable from general (ad valorem) property taxes, the payment
of which securities is additionally secured by a pledge and lien on net
revenues;
(d) Revenue bonds and other securities constituting special
obligations and payable from net revenues, but excluding the proceeds of
any general (ad valorem) property taxes or other special assessments,
which payment is secured by a pledge of and lien on such net revenues; or
(e) Any combination of such securities.
2. Interest coupons thereon must bear the facsimile signature of
the president of the board.
3. The form and terms of the general obligation bonds, including
provisions for their payment and redemption, must be determined by the
board. If the board so determines, the bonds may be redeemable before
maturity upon payment of a premium not exceeding 9 percent of the
principal thereof.
(Added to NRS by 1964, 13; A 1971, 431, 2108; 1975, 853; 1981, 1414)
1. Whenever any board determines, by resolution, that the interest
of the district and the public interest or necessity demand the
acquisition, construction, installation or completion of any works or
other improvements or facilities, to carry out the objects or purposes
hereof, requiring the creation of a general obligation indebtedness of
$5,000 or more, the board shall submit the proposition of issuing general
obligation bonds to the electors of the district at an election held for
that purpose or at the next district election or primary state election.
2. As used in this section, “elector” means any person entitled to
vote as described in NRS 309.110 and
includes a person who is obligated to pay general taxes under a contract
to purchase real property within the district. Registration pursuant to
the general election (or any other) statutes is not required. Residence
in the county is not required. The election officials may in their
discretion require the execution of voter affidavits in determining
qualifications to vote at such bond elections.
3. Any such election may be held separately, or may be
consolidated or held concurrently with any other election authorized by
this chapter.
4. There must be no absentee voting at any such election.
5. The resolution required by subsection 1 must include:
(a) A declaration of public interest or necessity;
(b) The objects and purposes for which the indebtedness is proposed
to be incurred;
(c) The estimated cost of the works or improvements, including
interest on the general obligation bonds for not exceeding 12 months
after their date and including the total of all estimated expenses
incidental to their issuance;
(d) The amount of principal of the indebtedness to be incurred
therefor;
(e) The maximum rate of interest to be paid on the indebtedness; and
(f) The date of the special election or the next district election
or primary state election at which the proposition of issuing general
obligation bonds will be submitted to the electors of the district.
(Added to NRS by 1964, 13; A 1971, 431; 1993, 1059)
The board
shall prescribe the form of the notice of election, and direct the
publication of the same for 3 weeks, the first of the three publications
of the notice to be not less than 20 days prior to the election.
(Added to NRS by 1964, 14)
At any regular or special meeting of the board held within 5 days
following the date of such election, the returns thereof shall be
canvassed and the results thereof declared.
(Added to NRS by 1964, 14)
1. If it appears from the returns that a majority of the electors
of the district who have voted on any proposition submitted pursuant to
the provisions of NRS 309.332 to
309.339 , inclusive, at the election
voted in favor of the proposition, the district may issue and sell
general obligation bonds of the district for the purpose or purposes and
object or objects provided for in the proposition submitted and in the
resolution therefor, and in the amount so provided and at a rate of
interest not exceeding the rate of interest recited in the resolution.
2. Submission of the proposition of incurring the general
obligation indebtedness at a special election, district election or
primary state election does not prohibit the submission of the same
proposition or other propositions at a subsequent special election,
district election or primary state election.
(Added to NRS by 1964, 14; A 1971, 432; 1993, 1060)
The
provisions of the Local Government Securities Law apply to any securities
authorized to be issued under NRS 309.332 to 309.339 ,
inclusive, but in the event of conflict the provisions of NRS 309.332
to 309.339 , inclusive, control.
(Added to NRS by 1964, 15; A 1969, 1633; 1971, 432; 1979, 1237;
1985, 271)
The general obligation bonds authorized to
be issued pursuant to the provisions of this chapter shall be payable
from general, ad valorem taxes levied upon all taxable real and personal
property in the district, without limitation as to rate or amount,
subject to constitutional limitations, and such bonds may in the board’s
discretion be additionally secured by a pledge of all or a part of the
revenues derived from the operation of facilities of the district,
including without limiting the generality of the foregoing, connection
fees, use charges and annexation charges.
(Added to NRS by 1964, 15)
The board shall have the power in its discretion to
enter into contracts and agreements affecting the affairs of the
district, with all persons, corporations and private and public entities
within and without the State of Nevada, including but not limited to
contracts with the United States of America and any of its agencies or
instrumentalities and contracts with any municipality or district within
and without the State, including but not limited to contracts or
agreements for the operation of a common, separately or jointly owned
project.
(Added to NRS by 1964, 15)
CONSTRUCTION OF IMPROVEMENTS
1. After adopting a plan for such works as are proposed, or in
conjunction with the issuance of general obligation bonds (but either
before or after such issuance), the board of directors shall cause notice
to be given by the secretary by publication thereof for not less than 2
weeks in a newspaper published in the county in which the district was
organized, and in such other publications or newspapers as it may deem
advisable, calling for bids for the construction of such works or any
portion thereof. If less than the whole work is advertised, then the
portions so advertised must be particularly described in such notice. The
notice must set forth that the plans and specifications can be seen at
the office of the board, that the board will receive sealed proposals for
the construction of the proposed works, and that a contract therefor will
be let to the lowest responsible bidder, subject to the right of the
board to reject any and all bids, stating the time and place for opening
the bids.
2. At the time and place appointed the bids must be opened in
public and as soon as convenient thereafter the board shall accept a bid
or bids and contract for the construction of the works, either in
portions or as a whole, or it may reject any and all bids and readvertise
for proposals.
3. In case of necessity, the board of directors, by unanimous vote
of those present at any regular or special meeting, may contract for the
construction or repair of any part of the system of works, and may in the
ordinary course of business purchase any necessary machinery or materials
in such amount in one transaction as will not exceed an amount equal to 5
cents for each acre of land in the district.
4. If a contract is not subject to the provisions of chapter 408
of NRS and provides for work exceeding $35,000, any person to whom
such a contract may be awarded shall furnish to the district a
performance bond and a payment bond as provided in NRS 339.025 . The work must be done under the direction and
to the satisfaction of the engineer employed by the district and approved
by the board.
[30:24:1928; NCL § 3484]—(NRS A 1963, 166; 1964, 15; 1981, 941;
1985, 358; 1997, 3165)
On the
petition of a majority of the electors of the district, the board of
directors may do any work mentioned in NRS 309.340 on behalf of the district without calling for
bids, and it may use the construction fund or general obligation bond
proceeds therefor.
[31:24:1928; NCL § 3485]—(NRS A 1964, 16)
1. The cost and expense of purchasing and acquiring property, and
of constructing works to carry out the formulated plan or plans, or for
the improvement or supplementing of existing works, except as otherwise
provided herein, shall be paid out of the construction fund or general
obligation bond proceeds.
2. For the purpose of defraying the organization and current
expense of the district and of the care, operation, maintenance,
management, repair, and necessary current improvement or replacement of
existing works and property, including salaries and wages of officers and
employees and other proper incidental expenditures, the board may fix
rates, tolls and charges, including without limiting the foregoing,
connection fees, use charges and annexation charges, and provide for the
collection thereof by the district treasurer as operation and
maintenance, or some like designation, or may levy assessments or general
ad valorem taxes therefor, or for a portion thereof, collecting the
balance as tolls or charges as aforesaid.
3. In addition to the other means for providing revenue for such
districts, the board shall have power and authority to levy and collect
general (ad valorem) taxes on and against all taxable real and personal
property within the district, such levy and collection to be made by the
board in conjunction with the county and its officers as set forth in
this chapter.
4. To levy and collect general taxes, the board shall determine,
in each year, the amount of money necessary to be raised by general
taxation, taking into consideration other sources of revenue of the
district, and shall fix a rate of levy which, when levied upon every
dollar of assessed valuation of taxable property within the district, and
together with other revenues, will raise the amount required by the
district annually to supply funds for paying expenses of organization and
the costs of acquiring, operating and maintaining the works and equipment
of the district, and promptly to pay in full, when due, all interest on
and principal of the general obligation bonds issued pursuant to NRS
309.332 to 309.339 , inclusive. In the event of accruing defaults
or deficiencies, an additional levy may be made as hereinafter provided.
5. The board shall certify to the board of county commissioners,
at the same time as fixed by law for certifying thereto general tax
levies of incorporated cities, the rate so fixed with directions that at
the time and in the manner required by law for levying general taxes for
county purposes such board of county commissioners shall levy such
general tax upon the assessed valuation of all taxable property within
the district, in addition to such other general taxes as may be levied by
such board of county commissioners at the rate so fixed and determined.
6. The board, in certifying annual levies, shall take into account
such maturing general obligation bonds for the ensuing year and interest
on such bonds, and deficiencies and defaults of prior years, and shall
make ample provision for the payment thereof.
7. In case the moneys produced from such levies, together with
other revenues of the district, are not sufficient punctually to pay the
annual installments on such general obligation bonds, and interest
thereon, and to pay defaults and deficiencies, the board shall make such
additional levies of general taxes as may be necessary for such purposes,
and, notwithstanding any limitations, such general taxes shall be made
and continue to be levied until such general obligation bonds of the
district shall be fully paid.
8. The body having authority to levy general taxes within each
county shall levy the general taxes provided in this chapter.
9. All officials charged with the duty of collecting general taxes
shall collect such general taxes at the time and in the same form and
manner, and with like interest and penalties, as other general taxes are
collected and when collected shall pay the same to the district ordering
its levy and collection. The payment of such collections shall be made
monthly to the treasurer of the district and paid into the depository
thereof to the credit of the district.
10. All general taxes levied under this chapter, together with
interest thereon and penalties for default in payment thereof, and all
costs of collecting the same, shall constitute, until paid, a perpetual
lien on and against the property taxed; and such lien shall be on a
parity with the tax lien of other general taxes.
11. If the general taxes levied are not paid as provided in this
chapter, the property subject to the tax lien shall be sold and the
proceeds thereof shall be paid over to the district according to the
provisions of the laws applicable to general tax sales and redemptions.
12. Whenever any general obligation indebtedness has been incurred
by a district, it shall be lawful for the board to levy general taxes and
collect revenue for the purpose of creating a reserve fund in such amount
as the board may determine, which may be used to meet the general
obligations of the district, for maintenance and operating charges and
depreciation, and provide extension of and betterments to the
improvements of the district.
[32:24:1928; NCL § 3486]—(NRS A 1964, 16)
The board of directors shall have the power to
construct the works of the district across any stream of water,
watercourse, street, avenue, highway, railway, canal, ditch or flume in
such manner as to afford security for life and property; but the board
shall restore the same when so crossed or intersected to their former
state as near as may be or in a manner not unnecessarily impairing its
usefulness. If a railroad company or those in control of the property,
thing or franchise to be crossed cannot agree with the board upon the
amount to be paid, or upon the point or points or the manner of crossing
or intersecting, the same shall be ascertained and determined as herein
provided in respect to the taking of land.
[33:24:1928; NCL § 3487]
The
right-of-way is hereby given, dedicated and set apart, to locate,
construct, operate and maintain the works of the district over and
through any of the lands which are now or may be the property of the
State.
[34:24:1928; NCL § 3488]
[Effective upon proclamation by Governor of
withdrawal of California from Tahoe Regional Planning Compact or of his
finding that the Tahoe Regional Planning Agency has become unable to
perform its duties or exercise its powers.] In the region of this state
for which there has been established by NRS 278.780 to 278.828 ,
inclusive, a regional planning agency, the powers of any district
organized or reorganized under this chapter with respect to the location
and construction of all improvements are subordinate to the powers of
such regional planning agency.
(Added to NRS by 1969, 51; A 1979, 1133, effective upon
proclamation by governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers)
In any region of this State for which there has been established
by interstate compact a regional planning agency, the powers of any
district organized or reorganized under this chapter with respect to the
location and construction of all improvements are subordinate to the
powers of such regional planning agency.
(Added to NRS by 1968, 14)
1. Subject to the provisions of subsection 2, the board of
directors may sell, lease, contract to sell, or otherwise dispose of the
improvements constructed pursuant to the provisions of this chapter.
2. Such a sale, lease or contract of sale, or other transaction
relating to the disposition or change of control of the property is not
effective until ratified and approved at a special election, district
election or primary state election by two-thirds of the votes cast at the
election.
[35:24:1928; NCL § 3489]—(NRS A 1993, 1061)
1. All improvement districts organized under the laws of the State
of Nevada shall have the right of eminent domain with the power by and
through their boards of directors to cause to be condemned and
appropriated, in the name of and for the use of the districts, all works,
with their appurtenances, constructed for the improvement of any lands
within the district, and all lands required therefor, and all lands and
rights-of-way required for the works constructed, or to be constructed,
or which may be acquired by the district, and all necessary appurtenances
and other property and rights necessary for the construction, operation,
maintenance, repair and improvement of the works.
2. Such districts shall have the right by and through their boards
of directors to acquire by purchase or other legal means any or all of
the property mentioned and referred to in this section.
3. In any action or proceedings for the condemnation of any such
property wherein an improvement district is plaintiff, such district,
within 6 months after final judgment, shall pay the amount awarded in the
judgment or the judgment will be annulled. Except as otherwise provided
in this chapter, the provisions of NRS and the Nevada Rules of Civil
Procedure and Nevada Rules of Appellate Procedure relative to the right
of eminent domain, civil actions, new trials, and appeals shall be
applicable to and constitute the rules of practice in condemnation
proceedings by improvement districts.
[36:24:1928; NCL § 3490]
Vested interests in or to structures,
works and property or water rights owned or used in connection with
mining or power development shall never be affected by or taken under the
provisions of this chapter, saving and excepting that rights-of-way may
be acquired by the district over or across such works or property.
[37:24:1928; NCL § 3491]
REGULATION OF WATER AND SEWER SERVICES
1. In exercising powers primarily relating to the fulfillment of
water purposes or sewer purposes, or both, districts heretofore or
hereafter organized under this chapter shall not be subject to regulation
or supervision in any way by the Public Utilities Commission of Nevada.
2. Nothing contained in subsection 1 shall be construed to limit:
(a) The power of the board of county commissioners or a member
thereof granted by the provisions of NRS 309.270 ; or
(b) The supremacy of the State Board of Health in health matters as
declared in NRS 439.150 .
(Added to NRS by 1964, 17; A 1997, 1987)
ANNEXATION OF TERRITORY
There may
be annexed to a district any of the following territory which is in the
same county as the district:
1. Any territory contiguous to the district.
2. Any territory any point of which touches any point of the
district.
3. Any territory separated from the district by a “separating
barrier,” which term includes a street, road, highway, railway line,
railway crossing, railway right-of-way, watercourse, lagoon or other
natural barrier.
4. Territory which is not contiguous to the district.
(Added to NRS by 1969, 793)
Territory shall be annexed pursuant to NRS
309.445 to 309.475 , inclusive.
(Added to NRS by 1969, 793)
1. A petition signed by the owners of real property in the
territory proposed to be annexed, which real property represents at least
75 percent of the total assessed valuation of the territory as shown by
the last equalized county assessment roll, shall be presented to the
board.
2. The petition shall:
(a) Designate specifically the boundaries of the territory and its
assessed valuation as shown by the last equalized county assessment roll;
(b) Show the amount of real property owned by each of the
petitioners and its assessed valuation as shown by the last equalized
assessment roll;
(c) State that the territory is not in any other such district and
ask that the territory be annexed to the district; and
(d) Be verified by the affidavit of one of the petitioners.
(Added to NRS by 1969, 793)
1. The petition for annexation shall be published at least 2 weeks
preceding the hearing in a newspaper of general circulation published in
the district, if there is one, and otherwise, in a newspaper of general
circulation published in the county.
2. With the petition there shall be published a notice stating the
time when the petition will be presented to the board and stating that
all interested persons may appear and be heard.
(Added to NRS by 1969, 793)
1. At the time designated in the notice, the board shall conduct a
hearing on the petition and any person interested shall have the
opportunity to be heard. The board may adjourn the hearing from time to
time.
2. Upon the hearing of the petition the board shall determine
whether or not it is for the best interests of the district and the
territory that the territory be annexed to the district, and the board
may modify the boundaries of the territory proposed to be annexed as set
forth in the petition. The board shall not, however, modify the
boundaries of the territory proposed to be annexed as set forth in the
petition so as to exclude any land that would be benefited by annexation,
nor include any land that would not be benefited by annexation.
(Added to NRS by 1969, 794)
1. If the board upon final hearing determines that it is for the
best interests of the district and of the territory proposed to be
annexed that the territory be annexed, it shall adopt a resolution
describing the boundaries of the territory proposed to be annexed and
altering the boundaries of the district by annexing to it the territory
described in the petition or as modified by the board.
2. Copies of the resolution, signed by the president and the
secretary, shall be filed with the county clerk and the county recorder
of the county within which the district is situated, and thereafter the
territory is a part of the district.
3. The entry of the resolution by the board of directors is
conclusive evidence of the fact and regularity of all prior proceedings
of every kind required by law and of the fact stated in the entry
relating to the annexation.
(Added to NRS by 1969, 794)
PROCEEDINGS UNDER CONSOLIDATED LOCAL IMPROVEMENTS LAW
Any district organized pursuant to this
chapter may exercise the powers granted in the Consolidated Local
Improvements Law.
(Added to NRS by 1971, 424; A 1985, 271)
MERGER, CONSOLIDATION AND DISSOLUTION OF DISTRICTS
1. Whenever a majority of the members of the board of county
commissioners of any county deem it to be in the best interests of the
county and of the district that any such district be merged, consolidated
or dissolved, it shall so determine by ordinance, after there is first
found, determined and recited in such ordinance that:
(a) All outstanding indebtedness and bonds of all kinds of the
district have been paid or will be assumed by the resulting merged or
consolidated unit of government.
(b) The services of such district are no longer needed or can be
more effectively performed by an existing unit of government.
2. The county clerk shall thereupon certify a copy of the
ordinance to the board of directors of such district and shall give
notice by publication and mailing of:
(a) The adoption of such ordinance;
(b) The determination of the board of county commissioners that the
district should be dissolved, merged or consolidated; and
(c) The time and place for hearing on dissolution, merger or
consolidation.
3. Notice by publication shall be given by publication of such
notice at least once a week for 3 consecutive weeks by three weekly
insertions in at least one newspaper of general circulation in the
district, the first publication to be at least 15 days prior to the date
of the hearing. Notice by mail shall be given by a single mailing by
first-class mail (or its equivalent), postage prepaid, by deposit in the
United States mails, at least 15 days prior to the date of the hearing,
such notice to be mailed to each last known owner of land within any
district proposed to be dissolved or merged, and within each district
proposed to be consolidated at the last known address of such owner, such
addresses and owners being those appearing on the real property
assessment rolls for general (ad valorem) taxes of the county and from
such other sources as the secretary of the district deems reliable.
(Added to NRS by 1971, 424)
1. Any taxpaying elector within the district may, on or before the
date fixed, protest against the dissolution, merger or consolidation of
such district, in writing, which protest shall be filed with the county
clerk of such county.
2. If, at or before the time fixed by the ordinance and notice,
written protest is filed, signed by 51 percent or more of the taxpaying
electors within the district, the district shall not be dissolved, merged
or consolidated. If any written protests are filed and the board of
county commissioners determines that the protests so filed represent less
than 51 percent of the taxpaying electors of the district, the board may,
if it so determines, complete the dissolution, merger or consolidation by
the adoption of a final ordinance of dissolution, which ordinance shall
contain a recital as to the percentage of protests. Such recital shall be
binding and conclusive for all purposes. In the ordinance of dissolution
the board of county commissioners shall fix the effective date of the
dissolution, merger or consolidation, which date shall not be sooner than
the effective date of such ordinance.
(Added to NRS by 1971, 425)
At the place, date and hour specified for
the hearing in the notice or at any subsequent time to which the hearing
may be adjourned, the board of county commissioners shall:
1. Give full consideration to all protests which may have been
filed;
2. Hear all persons desiring to be heard; and
3. Thereafter adopt either the final ordinance of dissolution,
merger or consolidation or an ordinance determining that it shall not be
dissolved, merged or consolidated.
(Added to NRS by 1971, 425)
Within 30 days after
the effective date of any ordinance dissolving, merging or consolidating
the district, the county clerk shall file a copy of the ordinance in his
office and shall cause to be filed an additional copy of the ordinance in
the Office of the Secretary of State, which filings shall be without fee
and be otherwise in the same manner as articles of incorporation are
required to be filed under chapter 78 of NRS.
(Added to NRS by 1971, 425)
1. All property and all funds remaining in the treasury of any
district shall be:
(a) Surrendered and transferred to the county in which the district
exists and shall become a part of the general fund of the county, if such
district is dissolved;
(b) Transferred to the governmental unit which assumes its
obligations and functions, if such district is merged; and from and after
the effective date of the merger, all of the laws, rights, powers and
duties applicable to the lands and inhabitants of the governmental unit
assuming such obligations and functions shall apply with equal force and
effect to the lands and inhabitants of the district so merged; or
(c) Transferred to the consolidated governmental unit, if such
district is consolidated.
2. All outstanding and unpaid tax sales and levies and all special
assessment liens of a dissolved district shall be valid and remain a lien
against the property against which they are assessed or levied until
paid, subject, however, to the limitations of liens provided by general
law. Taxes and special assessments paid after dissolution shall be placed
in the general fund of the county in which the property was assessed.
3. The board of county commissioners shall have the same power to
enforce the collection of all outstanding tax sales of the district as
the district would have had if it had not been dissolved, merged or
consolidated and the same powers to enforce the collection of special
assessments.
4. If any area comprising the district or portion thereof is
annexed to a city or town within 6 months from the effective date of the
dissolution ordinance, a pro rata share of all such property and funds
shall be transferred to the municipality.
(Added to NRS by 1971, 425)
