2005 Nevada Revised Statutes - Chapter 308 — Control of Special Districts
Title 25 - PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
CHAPTER 308 - CONTROL OF SPECIAL DISTRICTS
NRS 308.010 Shorttitle; declaration of purpose.
NRS 308.020 Applicability;definition of special district.
NRS 308.030 Filingof service plan.
NRS 308.040 Resolutionof approval required.
NRS 308.050 Scopeof authority.
NRS 308.060 Criteriafor disapproval of service plan.
NRS 308.070 Filingof service plan for proposed district; notice; public hearing; delivery ofservice plan to planning commission; notice of approval, disapproval ormodification of service plan.
NRS 308.080 Requirementsfor approval of formation of special district by board of county commissioners;judicial review; formation; material modifications; filing of plans for additionalacquisitions; injunction for unreasonable departure from service plan.
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NRS
1. This chapter may be cited as the Special DistrictControl Law.
2. The Legislature hereby determines and declares thatthe procedures contained in the Special District Control Law are necessary forthe coordinated and orderly creation of special district governments and forthe logical extension of special district services throughout the State.
3. It is the purpose of the Special District ControlLaw to prevent unnecessary proliferation and fragmentation of local government,to encourage the extension of existing districts rather than the creation ofnew districts and to avoid excessive diffusion of local tax sources.
(Added to NRS by 1967, 1681; A 1977, 518)
NRS
1. The Special District Control Law applies to:
(a) Any special district whose formation is initiatedby a board of county commissioners; and
(b) Any petition for the formation of any proposedspecial district filed with any board of county commissioners.
2. As used in this chapter special district meansany water district, sanitation district, water and sanitation district,municipal power district, mosquito abatement district, public cemeterydistrict, swimming pool district, television maintenance district, weed controldistrict, general improvement district, or any other quasi-municipalcorporation organized under the local improvement and service district laws ofthis state as enumerated in title 25 of NRS, but excludes:
(a) All local improvement districts created pursuant tochapter 309 of NRS; and
(b) All housing authorities.
(Added to NRS by 1967, 1681; A 1977, 518; 1997, 483)
NRS
1. Any prospective petitioner for the establishment ofa special district shall file a service plan with the board of countycommissioners of each county which has territory included within the boundariesof the proposed district. The service plan shall:
(a) Consist of a financial survey and a preliminaryengineering or architectural survey showing how the proposed services are to beprovided and financed.
(b) Include a map of the proposed district boundaries,an estimate of the population and assessed valuation of the proposed district.
(c) Describe the facilities to be constructed, thestandards of such construction, the services to be provided by the district, anestimate of costs, including the cost of acquiring land, engineering services,legal services, proposed indebtedness, including proposed maximum interestrates and any discounts, any other proposed bonds and any other securities tobe issued, their type or character, annual operation and maintenance expenses,and other major expenses related to the formation and operation of thedistrict.
(d) Outline the details of any arrangement or proposedagreement with any city or town for the performance of any services between theproposed special district and such city or town. The form of any such contractto be used, if available, shall be attached to the service plan.
If a boardof county commissioners initiates the formation of a special district, it shallprepare such a service plan as an appendix to its initiating resolution.
2. Except where the formation of a district isinitiated by a board of county commissioners, each service plan filed shall beaccompanied by a processing fee set by the board of county commissioners not toexceed $200 which shall be deposited in the county general fund. Suchprocessing fee shall be sufficient to cover the costs related to the hearingprescribed by NRS 308.070, including thecosts of notice, publication and recording of testimony.
(Added to NRS by 1967, 1681; A 1977, 518)
NRS
1. If a proposed special district lies entirely withinone county, a resolution approving the service plan is required from the boardof county commissioners of that county.
2. If the boundaries of a proposed special districtinclude territory within two or more counties, a resolution approving theservice plan for such special district is required from the board of countycommissioners of each county which has territory included in the proposedspecial district; but the boards of county commissioners of the respectivecounties may in their discretion hold a joint hearing on the proposed districtin accordance with NRS 308.070.
(Added to NRS by 1967, 1682; A 1977, 519)
NRS
1. Approve the service plan without condition ormodification;
2. Disapprove the service plan for any of the reasonslisted in NRS 308.060; or
3. Conditionally approve the service plan subject tothe submission of additional information relating to or modifying the plan.
(Added to NRS by 1967, 1682; A 1977, 519)
NRS
1. Each such board of county commissioners maydisapprove the service plan of a proposed special district upon satisfactoryevidence that:
(a) There is insufficient existing and projected needfor organized service in the area to be serviced by the proposed district;
(b) The existing service in the area to be served bythe proposed district is adequate for present and projected needs;
(c) Adequate service is, or will be, available to thearea through municipal annexation by other existing municipal orquasi-municipal corporations within a reasonable time and on a comparablebasis;
(d) The proposed special district is incapable ofproviding economic and sufficient service to the area within its proposedboundaries;
(e) The area to be included in the proposed districtdoes not have or will not have the financial ability to discharge the proposedindebtedness, other securities, or other obligations to be incurred on areasonable basis;
(f) The facility and service standards of the proposeddistrict are incompatible with the facility and service standards of adjacentmunicipalities and special districts; or
(g) The proposed district is being formed for theprimary purpose of financing the cost of developing private property.
2. Each such board of county commissioners mayconditionally approve the service plan of a proposed district upon satisfactoryevidence that it does not contravene any of the criteria enumerated insubsection 1. Final approval shall be contingent upon modification of theservice plan to include such changes or additional information as shall bespecifically stated in the findings of the board of county commissioners.
3. The findings of the board of county commissionersshall be based solely upon the service plan and evidence presented at thehearing by the petitioners, the planning commission and any interested party.
(Added to NRS by 1967, 1682; A 1977, 520)
NRS
1. A service plan shall be filed with the board ofcounty commissioners of each county in which the district is located, wholly orin part, prior to the formation of the proposed special district. Such serviceplan shall be filed with the county clerk at least 10 days prior to a regularmeeting of the board of county commissioners. At the next regular meeting ofthe board of county commissioners immediately following the filing of a serviceplan with the county clerk, the board of county commissioners shall set a datefor a public hearing on the service plan of the proposed district, whichhearing date shall be within 30 days thereafter.
2. The board of county commissioners shall providewritten notice of the date, time and location of the hearing to:
(a) The petitioners;
(b) The county clerk of each other county in which thedistrict is to be located, if any; and
(c) The governing body of any existing city, town orspecial district which has levied a general (ad valorem) property tax withinthe next preceding tax year and has boundaries within the county in which thedistrict is located. Such governmental units are interested parties for thepurposes of the Special District Control Law.
3. The board of county commissioners shall publishlegal notice of the date, time, location and purpose of such hearing in anewspaper of general circulation within the county once each week for a periodof 3 successive weeks by three publications, the first of which shall be atleast 20 days prior to the hearing date. Such publications shall constituteconstructive notice to the residents and property owners within the proposeddistrict who are also interested parties at the hearing.
4. If there is a county planning commission or aregional county planning commission, the service plan submitted by thepetitioners for the formation of the proposed district shall be delivered bythe county clerk to each such planning commission. Each such county planningcommission or regional county planning commission shall study such service planand a representative thereof shall present its recommendations consistent withthe Special District Control Law to the board of county commissioners at thehearing.
5. The hearing held by the board of countycommissioners shall be open to the public and a transcript of proceedings shallbe made. All interested parties as defined in this section shall be afforded anopportunity to be heard under such rules of procedure as may be established bythe board of county commissioners. Any testimony or evidence which in thediscretion of the board of county commissioners is relevant to the formation ofthe proposed district shall be considered.
6. Within 20 days after the completion of the hearing,the board of county commissioners shall advise in writing all interestedparties of its action on the service plan. If the service plan is approved assubmitted, a resolution of approval shall be issued. If the service plan isdisapproved, the specific detailed reasons for such disapproval shall be setforth in writing. If the service plan is conditionally approved, the changes ormodifications to be made in, or additional information relating to, the serviceplan together with the reasons for such changes, modifications or additionalinformation shall also be set forth in writing, and the proceeding shall becontinued until such changes, modifications or additional information areincorporated in the service plan. Upon the incorporation of such changes,modifications, or additional information in the service plan of the proposeddistrict, the board of county commissioners shall issue a resolution ofapproval.
(Added to NRS by 1967, 1683; A 1977, 520)
NRS
1. Except as otherwise subsequently provided in thissection, the formation of a special district shall not be approved by any boardof county commissioners without the resolution of approval and the service planrequired by the Special District Control Law. The approved service plan and theresolution of approval shall be incorporated by reference in the ordinanceorganizing the district after there has been a compliance with all other legalprocedures for the formation of the proposed district. If the board of countycommissioners fails to approve the service plan for any proposed specialdistrict and such failure is determined by any district court in this state forany county in which the district is located to be arbitrary, capricious orunreasonable, the court may order the formation of such district by the boardof county commissioners of the county vested with jurisdiction as provided in
2. Upon final approval by a board of countycommissioners for the formation of the special district, the facilities,services and financial arrangements of the district shall conform to theapproved service plan.
3. After the organization of a special districtpursuant to the provisions of chapter 318 ofNRS, material modifications of the service plan as originally approved may bemade by the board of such special district only by petition to and approval bythe board of county commissioners of each county in which the district islocated in substantially the same manner as is provided for the approval of anoriginal service plan, except that the processing fee for such modificationprocedure shall not exceed $100. Such modifications are required only withregard to changes of a basic or essential nature and are not required forchanges of a mechanical type necessary only for the execution of the originalservice plan.
4. Any unreasonable departure from the service plan asoriginally approved, or, if the same has been modified, then from the serviceplan as modified, may be enjoined at any time by a district court upon motionof any board of county commissioners from which a resolution of approval isrequired by the Special District Control Law, or upon the motion of anyinterested party.
(Added to NRS by 1967, 1684; A 1977, 522)
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